TC Minutes 12-10-2013C 0 V0 O R k-5-0
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Pro Tern Goulding called the meeting to order at 5:15 PM. A roll call was taken and Council
members present were Dave Dantas (arrived at 5:35 pm), Chris Evans, Jennie Fancher, Buz Reynolds
and Jake Wolf. Mayor Carroll was absent. Also present were Town Manager Virginia Egger, Town
Attorney Eric Heil, and Assistant Town Manager /Town Clerk Patty McKenny, Senior Planner Matt
Pielsticker, Planner I I Jared Barnes, as well as members from the public.
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. ACTION ITEMS
4.1. PUBLIC HEARING and Action on Amplified Sound Permit with a Request by WinterWonderGrass
to extend the Hours of Amplified Sound in Nottingham Park February 21, 22, 23, 2014, for the
Music Festival - Event Producer Scott Stoughton (Special Events Supervisor Danita Dempsey)
Both Danita Dempsey, Special Events Supervisor, and Scott Stouhgton, Event Producer presented
information about the February music and brews festival slated for February. Mayor Pro Tern Goulding
opened the public hearing, no comments were made, the hearing was closed. Councilor Evans moved
to approve the amplified sound permit application for WinterWonderGrass; Councilor Wolf seconded
the motion and it passed unanimously by those present (Mayor Carroll and Councilor Dantas absent).
Councilor Dave Dantas arrived at 5:25 pm.
4.2. Resolution No. 13 -38, Series of 2013, Resolution Endorsing the West Slope Principles and
Adopting the Eagle River Basin Principles for the Colorado Water Plan — Communication and
Public Affairs Manager Diane Johnson (Mayor Pro Tern Todd Goulding)
The Resolution was presented and commented on by both Town Engineer Justin Hildreth and ERWSD
Communications & Public Affairs Manager Diane Johnson. It was noted that The Colorado Water
Conservation Board has commenced work on drafting the Colorado Water Plan as stipulated by executive order
from Governor Hickenlooper). The Plan will address the gap in water supply and water demand because
Colorado's population is expected to double by 2050. The draft Colorado Water Plan is to be completed by
December 10, 2014, and the final document is to be completed by December 10, 2015. Councilor Wolf moved
to approve Resolution No. 13 -38, Series of 2013, Resolution Endorsing the West Slope Principles and
Adopting the Eagle River Basin Principles for the Colorado Water Plan. Councilor Reynolds seconded
the motion and it passed unanimously by those present (Mayor Carroll absent).
4.3•Resolution No. 13-39, Series of 2013, Resolution Committing an Additional $150,000 from the
Town of Avon Affordable Housing Fund Balance, Subject to Annual Appropriation, to
Augustana Care, a nonprofit 501(c)(3), for the Castle Peak Senior Care Community
(Town Manager Virginia Egger)
It was noted that Resolution 13-39 was prepared at Council's direction to provide a funding commitment of
$150,000 to Augustana Care, a nonprofit 501(c) (3), from the Affordable Housing Fund Balance, in support of
the construction of the Castle Peak Senior Care Community. The Resolution states this $150,000 funding
commitment and allows the Council in a future budget amendment or subsequent budget year(s) to provide
the monies as a lump sum payment or in partial amounts.
Avon Council Meeting 13.12.10 Minutes page I
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
Community members who spoke to encourage the Town Council to support the request included the
following:
• Eagle County commissioner Jill Ryan
• Director of Development for Colorado for Augustana Care Lisa Pease
• Jack Gardner & Greer Gardner, Avon residents
Councilor Evans moved to approve Resolution No. 13-39, Series of 2013, Resolution Committing an
Additional $150,000 from the Town of Avon Affordable Housing Fund Balance, Subject to Annual
Appropriation, to Augustana Care, a nonprofit 501(c)(3), for the Castle Peak Senior Care Community.
Councilor Reynolds seconded the motion Councilor. After some discussion about making multi year
commitments and in an effort to fully support the request in 2014 so the project could move forward,
Councilor Evans moved amend the motion to strike the second half of the sentence of #2, so as to
remove "or in partial amounts in a subsequent budget year or years ". Councilor Reynolds seconded
the motion. The motion and its amendment passed unanimously by those members present with a roll
call vote (Mayor Carroll absent).
4.4• Resolution No. 13 -40, Series of 2013, Resolution Accepting Four Parcels of Real Property from
Tanavon Coporation and S &G Partnership (Senior Planner Matt Pielsticker)
It was noted that Tanavon Corporation and S &G Partnership (Oscar Tang) recently offered to donate four
undeveloped parcels in the Town of Avon to the Town for open space purposes. The parcels are described
as follows and depicted in Exhibit A:
1. Lot 39, Block 1, Benchmark at Beaver Creek Subdivision — 2.81 acres
2. Tract A, Block 1, Benchmark at Beaver Creek Subdivision — 102.23 acres
3. Tract W, Block 1, Benchmark at Beaver Creek Subdivision — 6.12 acres
4. Tract K, Block 3, Benchmark at Beaver Creek Subdivision — 3.58 acres
Tracts A, W, and Lot 39 are generally located along Metcalf Road between the West Avon Preserve and
Mountain Star Open Space parcels. Tract W is near the West Beaver Creek Boulevard Bridge over the Eagle
River, and the parcel is bisected by the river.
Councilor Dantas moved to approve Resolution No. 13 -40, Series of 2013, Resolution Accepting Four
Parcels of Real Property from Tanavon Coporation and S &G Partnership. Councilor Evans seconded the
motion and it passed unanimously by those members present with a roll call vote (Mayor Carroll
absent). The Town Council expressed appreciation and gratitude to Eric Peterson representing the
Tanavon Corporation and S &G Partnership for the donation of these parcels. Mayor Carroll arrived at
this time.
4.5•PUBLIC HEARING on Second Reading of Ordinance 13 -14, Series 2013, Ordinance Amending Titles
7, 8, and 15 of the Avon Municipal Code, including Definitions, Historic Preservation,
Development Review Procedures, Mailed Notices, Appeals, Flood Damage Prevention, Wood
Fireplaces, and Wildlife Enclosures (Senior Planner Matt Pielsticker)
There was a review of the revisions made from the first reading as follows: 1) modifications to fireplace
regulations allowing New Technology devices (EPA certified wood burning fireplaces) throughout
Town, 2) did not include PZC language of permitting non -EPA certified wood fireplaces in elevations
above 7,820, 3) removed requirement for an additional fee for a New Technology device, 4) allowed for
use of pellet stoves throughout town. Additionally there were some additional modifications made to
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
the Development Review Procedure Table, the Historic Preservation regulations, the Neighborhood
Commercial zone district and the Light Industrial and Commercial Zone District. Mayor Pro Tern
Goulding opened the hearing, no comments were heard, the hearing was closed. Councilor Evans
moved to approve Ordinance 13 -14, Series 2013, Ordinance Amending Titles 7, 8, and 15 of the Avon
Municipal Code, including Definitions, Historic Preservation, Development Review Procedures, Mailed
Notices, Appeals, Flood Damage Prevention, Wood Fireplaces, and Wildlife Enclosures on second
reading. Councilor Fancher seconded the motion and it passed unanimously.
INTRODUCTION OF EAGLE COUNTY SCHOOL SUPERINTENDENT DR. JASON GLASS
Dr. Jason Glass introduced himself at this time with quick mention of his appreciation to them for
service as elected officials and a plug on the School District's new vision and direction in his report of
"unparalleled altitude ".
4.6. Action on Intergovernmental Agreement with Eagle County for Geographic Information
Services (GIS) (Senior Planner Matt Pielsticker)
Councilor Evans moved to approve Intergovernmental Agreement with Eagle County for Geographic
Information Services (GIS) with a term through December 2014 and Town Manager approval through
2015. Councilor Dantas seconded the motion and it passed unanimously.
4.7. Action on PowerPlan Corporation Software License Agreement (Finance Director Scott Wright)
A brief review of the implementing the software was made providing details about its comprehensive
solutions for budgeting, forecasting, long range planning, in -depth analysis and reporting functions.
Mayor Pro Tern Goulding moved to approve the PowerPlan Corporation Software License Agreement;
Councilor Fancher seconded the motion and it passed unanimously.
4.8. Resolution No. 13 -36, Series of 2013, Resolution Levying General Property Taxes for the Year
2013, to help defray the costs of Government for the Town of Avon, Colorado, for the 2014
Budget Year (Budget Analyst Kelly Huitt)
Mayor Pro Tern Goulding moved to approve Resolution No. 13 -36, Series of 2013, Resolution Levying
General Property Taxes for the Year 2013, to help defray the costs of Government for the Town of
Avon, Colorado, for the 2014 Budget Year. Councilor Reynolds seconded the motion and it passed
unanimously.
4.9• Resolution No. 13 -37, Series of 2013, Resolution Levying General Property Taxes for the Year
2013, to help defray the costs of Government for the Town of Avon General Improvement
District No. 1, Avon, Colorado for the 2014 Budget Year (Budget Analyst Kelly Huitt)
Mayor Pro Tern Goulding moved to approve Resolution No. 13 -37, Series of 2013, Resolution Levying
General Property Taxes for the Year 2013, to help defray the costs of Government for the Town of Avon
General Improvement District No. 1, Avon, Colorado for the 2014 Budget Year. Councilor Reynolds
seconded the motion and it passed unanimously.
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c o VON u a n o
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
4.10. Minutes from November 26, 2013 Meeting (Town Clerk Patty McKenny)
It was noted that the agenda identified December 10 minutes and it should have included the
November 26 minutes. Mayor Pro Tern Goulding moved to approve the minutes from November 26,
2013; Councilor Evans seconded the motion and it passed unanimously.
5. WORK SESSION
5.1. Presentation by Vail Valley Mountain Bike Association on Trail Development and IMBA Ride
Center Proposal (Jaime Malin, VVMBA)
There were several members of the Association led by Jaime Malin to provide for an overview of the
work on trails. Some items discussed included funding, action plans, coordination with town staff.
plan of action, continued work on the West Avon Preserve parcel as they continue to look to
developing mountain bike trails in Avon and support getting Avon designated as an International
Mountain Bike Assn's Ride Center. Mayor Carroll thanked the group for all their efforts and noted the
town's continued support of their efforts.
5.2. Discussion of Review Process for the Town of Avon Residency Code and Ethics Code
(Town Attorney Eric Heil)
There was a review of the memo that addressed both the residency & the code of ethics topics
highlighting the state statutes that addresses the topics as compared to the town's code language.
There was discussion that resulted in helping to identify the appropriate criteria with which to
determine residency, as well as discussion about what to do when a member has lost residency within
the town. There were comments about what criteria to keep on the list (ownership & leasehold
interest in your residence) as well as some identification of what to remove from the list (business
interest in Avon, employment, age, marital status). Suggested code changes would be draft by Town
Attorney for an ordinance to be considered at January 2014 meeting.
5.3• Review of Options for Nottingham Park Stage Design (Town Engineer Justin Hildreth)
A review of the stage options were reviewed per the council memo. It was noted that the first time it
was reviewed and presented to Council was September, 20og. The memo included sketches for the park as
well as stages which were constructed at other venues. The Town had documents prepared at go%
completed in August, 201o. The estimated cost was just under $600,000 and placed a 25'x35' foot
performance stage juxtaposed to the northeast wing of the existing Town Hall. Also included in the packet
for consideration was a simpler and more likely interim bandstand /stage design that has been provided to
Avon from Mr. Buddy Simms with the permission of Mr. Tab Bonidy, with a project cost of $153,000. The last
option included photos from the Telluride Park Stage and the Minturn stage. The Telluride stage was
constructed in in the early lggo's and cost $75,000. Changes were made to the roof to improve sound
quality over the next year. For the Minturn stage, no cost or use information was collected. It was noted
that funding is available from Community Enhancement Funds ($330,000 - $533,000) and /or from Fund
Balances in the General and Capital Funds which could cover the full cost of $600,000 +. There are two key
questions in regards to the stage development decision: 1) the location of a structure; and 2) the
predominant uses, both of which have been studied by the Town (Location as 1) Near the Pumphouse, or 2)
Northeast Wing at Town Hall and Uses as outlined in the memo). There was some Council discussion with a
request to review the topic again in January 2014.
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TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, DECEMBER 10, 2013
AVON TOWN HALL, ONE LAKE STREET
6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
6.1. UERWA Meeting Update (Town Engineer Justin Hildreth on behalf of Mayor Pro Tern Goulding)
The update included comments about 1) rate increase estimates 2) future efforts to amend the water
authority agreement to address what happens if a member entity leaves, 3) water storage efforts.
6.2. Eagle River Fire Protection District Task Force Meeting Update (Councilor Fancher, Councilor
Reynolds)
A meeting update was presented that addressed such topics as 1) sharing facilities, 2) the need to
provide for more land and wildfire protection in Wildridge, 3) the need for staffing the station, and
4) storage of the ladder truck; more to come on their collaboration.
]. COUNCIL COMMENTS
Councilor Wolf thanked the Vail Valley Foundation for a great Birds of Prey Ski Racing event, Channel 5
for their work at the town, Avon Elementary School Principal Melissa Ruanwold Thuan for her time at
the school, and to town employee Jane Burden for her work in the Transit departments.
8. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
8.1. Meet Pursuant to Colorado Revised Statute §24 -6- 402(4) (f) for the purpose of discussing
personnel matters related to the annual performance review of the Town Manager
g. Action on Amendment to Town Manager Employment Agreement (Town Manager Virginia Egger)
Items 8 and g were not considered at this time, but postponed to the next meeting. There being no
further business to come before the Council, the regular meeting adjourned at g pm.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
RES�OETFUI, UBMITTED:
cctA.. `
Patty cK ny, Clerk
Avon Council Meeting 13.12.10 Minutes Page 5