TC Minutes 09-17-2013P.4w, 111
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TOWN OF AVON, COLORADO
SPECIAL TOWN COUNCIL MEETING MINUTES FOR TUESDAY, SEPTEMBER 17, 2013
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:30 PM. A roll call was taken and Council members present
were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, and Jake Wolf. Buz Reynolds arrived at
4:10 pm. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town
Manager /Town Clerk Patty McKenny.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. EXECUTIVE SESSION (TH IS MEETING IS NOT OPEN TO THE PUBLIC)
Mayor Carroll moved to meet in Executive Session for the purpose of receiving legal advice pursuant to the
following topic; Councilor Evans seconded the motion and it passed unanimously.
3.1. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado
Revised Statute §24- 6- 402(4)(b) related to settlement matters regarding Town of Avon v Traer
Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV316
Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session
as stated above and that if at any time during the executive session anyone believes that the discussion
does not concern the topic and purpose of the executive session, to please raise your objection
immediately. The following people were present during the executive session: Mayor Rich Carroll,
Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Councilor Buz Reynolds, Councilor
Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager /Town Clerk
Patty McKenny.
The executive session was adjourned at 7:o8 pm and Mayor Carroll noted that the meeting now
reconvened in regular session at 7:15 pm. He asked if any Town Council member believed that any
discussion in executive session was inappropriate and not related to the topic and purpose of the
executive session to please state the objections at this time; there were no objections.
4. PUBLICCOMMENT
There were no comments from the public. Mayor Carroll acknowledged the hardship communities are
facing on the Front Range from the rain and flooding this past week.
5. WORK SESSION ESTIMATED TO BEGIN AT 7 PM
5.1. Village at Avon Update (Eric Heil, Town Attorney)
Town Attorney Eric Heil provided some historical information and noted the documents that
were approved in Ord. No. 12 -10 approving the Consolidated, Amended and Restated Annexation
and Development Agreement for the Village (at Avon). An update on documents was provided,
noting that Traer Creek would be providing a proposal for constructing the water tank which the
Authority has agreed to review. The Council's packet included an "addendum to the water tank
agreement" that would be considered after the development agreement. He explained that the
terms were summarized in the council packet memo with an outline of the proposal and that
Section 5.5 was revised in order to implement the new construction of the water tank
responsibilities with a detailed review of the language proposed.
TC Minutes 09 -17 -2013 Special Page r
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TOWN OF AVON, COLORADO
SPECIAL TOWN COUNCIL MEETING MINUTES FOR TUESDAY, SEPTEMBER 17, 2013
AvON TOWN HALL, ONE LAKE STREET
6. ACTION ITEMS
6.1. First Reading of Ordinance 13 -13, Series 2013, an Ordinance Amending the Consolidated
and Amended and Restated Annexation and Development Agreement for The Village
at Avon (Eric Heil, Town Attorney)
There was a discussion and review of CARADA 5.5: Obligation of TC -RP section of the agreement. Councilor
Dantas moved to approve on first reading Ordinance Amending the Consolidated and Amended and
Restated Annexation and Development Agreement for The Village at Avon with the following changes:
✓ Strike Section 5.5 (b)(iii)(B)
✓ Revise the $7 M to $7.2 M
✓ Add that Traer Creek Metro District begin to collect the retail sales fee to be collected beginning
November 1, 2013 in an amount of .75 and include that language as a condition to the ordinance.
Councilor Wolf seconded the motion. It was noted by the Town Attorney that in order for the ordinance to
pass five votes would be required because it is an IGA with another governmental agency (TCMD) with a
longer than 10 year term. A roll call vote was taken and the motion failed with a four to three vote
(Councilors Evans, Mayor Pro Tern Goulding, Councilor Fancher, and Councilor Wolf — yea; Mayor Carroll,
Councilor Reynolds, and Councilor Dantas — nay).
After further discussion about the matter, a recap of the financial obligations throughout the settlement
process, and comments about what would be needed in order to move the agreement to unanimous
approval, another motion was made. Councilor Dantas moved to approve on first reading Ordinance
Amending the Consolidated and Amended and Restated Annexation and Development Agreement for
The Village at Avon with the following changes:
✓ Strike Section 5.5 (b)(iii)(B)
✓ Revise the $7 M to $7.2 M
✓ Add that Traer Creek Metro District begin to collect the retail sales fee to be collected beginning
November 1, 2013 in an amount of .75 and include that language as a condition to the ordinance.
Councilor Wolf seconded the motion. Councilor Evans suggested adding to the language a deadline of
collecting the RSF by November 1st with notice to businesses to collect sent by September 1St and if those
dates were not met the ordinance would become null and void. The Town Attorney requested further time
to consider that condition in light of some technical concerns. A roll call vote was taken and the motion
passed with a six to one vote (Councilor Evans, Mayor Pro Tern Goulding, Councilor Fancher, Councilor
Reynolds, and Councilor Wolf— yea; Mayor Carroll — nay).
6.2.Approval of Addendum to the Water Tank Agreement (Eric Heil, Town Attorney)
Town Attorney Eric Heil presented the agenda item, with a brief review that the agreement format had been
revised and that this new format was not acceptable to him or other parties. He also noted that the
Addendum to the Tank Agreement changes the responsible party for constructing the water tank, addresses
required escrow amounts and stated the conditions for which the Authority would rescind the moratorium
on water service. Councilor Wolf moved to table action on the Addendum to the Water Tank
Agreement; Councilor Reynolds seconded the motion and it passed unanimously.
TC Minutes 09 -17 -2013 Special Page 2
Aux
TOWN OF AVON, COLORADO
SPECIAL TOWN COUNCIL MEETING MINUTES FOR TUESDAY, SEPTEMBER 17, 2013
AVON TOWN HALL, ONE LAKE STREET
There being no further business to come before the Council, the special meeting adjourned at 8:10 PM.
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Jennie Fancher
Todd Goulding
Albert "Buz" Reynolds
Jake Wolf
RESPECTFULLY SUBMITTED:
Patty McKenny, to wn Clerk
TC Minutes 09-17 -2013 Special Page 3