AV Vn 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5: o6 p. m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Amy Phillips and Megan Burch. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Police Chief Greg Daly, Planning Director Matt Pielsticker, Fleet Director Rego Omerigic, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Councilor Prince requested to move item 7. 4, Resolution 16-33, Town of Avon Civil Liberties Protection to immediately following public comment. Mayor Fancher noted that several members of the public wanted to be present for this item. Since they were not present at the time, Mayor Fancher agreed to take on the item once the interested parties arrived. Councilor Wolf requested that all items, except 8. 6, 8. 7 and 8. 8, be removed from the Consent Agenda. 3. PUBLIC COMMENT There were no public comments. 4. ACTION ITEMS START TIME: 00: 07: 30 4. 1. Public Hearing and Action on Findings of Fact and Record of Decision for Major Development Plan and Alternative Equivalent Compliance Applications for Avon Hotel on Lot B Continued from the December 5, 2o16 Town Council Special Meeting Planning Director Matt Pielsticker) Councilor Gennett arrived at 5: 55 P. m. Mayor Fancher opened the Public hearing. Tom Crosby with the Lodge at Avon Center spoke in favor of the Avon Hotel. Michael Cacioppo expressed his extreme concern with the parking situation. Councilor Prince moved to approve the Avon Town Council Findings of Fact and Record of Decision for Major Development Plan and Alternative Equivalent Compliance Applications for the Avon Hotel ( Exhibit 1), thereby conditionally approving the Major Development Plan and Alternative Equivalent Compliance Applications for the Avon Hotel on Lot B. Town Attorney Eric Heil made a request that there was consent and support by the applicant to add a sixth condition of reaching consensus on the Shared Parking Access Agreement with the Points of Colorado property. Councilor Prince agreed to the addition. Councilor Phillips seconded the motion and it passed unanimously by those present. 4. 2. Action on Resolution 16-39 Providing Funding to Treadstone Development LLC for the Construction of Certain Landscaping and Utility Improvements for the Avon Hotel Planning Director Matt Pielsticker) Page 1
Mayor Pro Tem Smith Hymes requested an edit to the packet on page 3 of 3, number 2a. She suggested that the number should be $40, 000 not $400, 000. Councilor Wolf moved to deny Resolution 16-39 thereby providing no funding for construction of certain landscaping and utility improvements for the Avon Hotel. Councilor Gennett offered an amendment to Councilor Wolf' s motion. The amendment was to deny the funding request for landscaping and approve the funding request for the Heart Recovery Pipe Extension, as a matter of good faith and also to demonstrate the Town does have a commitment to making a real change with regard to the climate action plan and the infrastructure the Town has in place. Councilor Wolf did not agree to the amendment of the motion. Councilor Wolf' s motion did not obtain a second, so the motion was not considered by the Council. Councilor Gennett moved to approve an amended version of Resolution 16-39, authorizing the transfer of $20, 000 from the 2016 General Fund Contingency line item to the Buildings and Facilities budget for the purpose of engaging a professional engineer to study the capacity of the Heat Recovery system to verify there is excess capacity to serve the new Town Hall and the needs of the Avon Hotel project Section 1 of Resolution). The motion also directed that a budget amendment be prepared to reimburse the General Fund from the 2017 Urban Renewal Fund, for consideration by the Urban Renewal Authority. Finally, the last part of the motion authorized $ 4o, 000 of funding for Heat Recovery utility improvements, subject to URA approval ( Section 2 of Resolution), and removed the $40, 000 funding request for landscaping improvements and the applicable " Whereas" statements. Mayor Pro Tem Smith Hymes seconded the motion and it passed on a 6 to 1 vote. Councilor Wolf voted no. Mayor Fancher moved to item 7. 4, Action on Resolution 16-33, Town of Avon Civil Liberties Protection. 7. 4. Action on Resolution 16-33, Town of Avon Civil Liberties Protection ( Mayor Jennie Fancher) This item took place right after item 4. 2. A correction was made to the Resolution by changing the word citizens" to " persons." Steve Coyer commented, " We, as a community, need to take the position that we will not be a party to tearing families apart on the immigration issue. We have worked too hard to build a stable, mixed community to throw it away." Steve Coyer also said, " My goal is to have our county and all of the government entities within it, state publicly that it/ they will not be the enforcement agent for any new deportation efforts under the incoming federal administration. And that we will protect every law- abiding member of our community." Michael Cacioppo stated that he does not want to see Avon become a sanctuary city. Councilor Burch moved to approve Resolution 16-33, Town of Avon Civil Liberties Protection. Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Page 2
Avo n 5. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE URBAN RENEWAL AUTHORITY Mayor Fancher moved to continue the Regular Meeting. Councilor Gennett seconded the motion and it passed unanimously by those present. The time was 7: 49 p. m. 6. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING Mayor Fancher called the meeting to order at 8: 14 p. m. A roll call was taken and Council members present were Matt Gennett, Amy Phillips, Megan Burch, Jake Wolf, Scott Prince and Sarah Smith Hymes. 7. ACTION ITEMS 7. 1. Action on Resolution 16-34, concerning the Avon Urban Renewal Authority' s Series 2017 Tax Increment Bonds, Authorizing the Town Manager to Request the Town Council Fund any Deficiencies in the Bond Account Pledged to the Payment of Such Bonds, and Authorizing the 2017 Cooperation Agreement ( Assistant Town Manager Scott Wright) This item took place right after item 14. 1. Councilor Phillips moved to approve Resolution No. 16-34, a Resolution concerning the Avon Urban Renewal Authority and its Tax Increment Revenue Bonds, Series 2017; authorizing and directing actions by the Town Manager with respect to the preparation of requests to the Town Council for appropriation of moneys to fund any deficiencies in the bond account pledged to the payment of such bonds; authorizing the 2017 Cooperation Agreement; and other actions taken by the Town in connection therewith. Councilor Burch seconded the motion and it passed on a vote of 5 to 1 vote. Mayor Fancher was absent. Councilor Wolf voted no. 7. 2. Action on Resolution 16-35, Levying General Property Taxes for the Town of Avon for the 2017 Budget year (Assistant Town Manager Scott Wright) Councilor Burch moved to approve Resolution 16-35 and 16-36, adopting the 2o16 Town of Avon General Operating and the Avon General Improvement District No. 1 mill levies. Councilor Gennett seconded the motion and it passed unanimously by those present. Mayor Fancher was absent. 7. 3. Action on Resolution 16-36, levying General Property Taxes for the Avon General Improvement District No. 1 for the 2017 Budget year (Assistant Town Manager Scott Wright) 7. 4. Action on Resolution 16-33, Town of Avon Civil Liberties Protection ( Mayor Jennie Fancher) This item took place right after item 4. 2. A correction was made to the Resolution by changing the word citizens" to " persons." Steve Coyer commented, " We, as a community, need to take the position that we will not be a party to tearing families apart on the immigration issue. We have worked too hard to build a stable, mixed community to throw it away." Steve Coyer also said, " My goal is to have our county and all of the Page 3
Avon TOWN OF AVON COLORADO government entities within it, state publicly that it/they will not be the enforcement agent for any new deportation efforts under the incoming federal administration. And that we will protect every law- abiding member of our community." Michael Cacioppo stated that he does not want to see Avon become a sanctuary city. Councilor Burch moved to approve Resolution 16-33, Town of Avon Civil Liberties Protection. Councilor Smith Hymes seconded the motion and it passed unanimously by those present. 7. 5. Action on Resolution 16-38, to Adopt the Climate Action Plan for the Eagle County Community Mayor Pro Tem Sarah Smith Hymes) Mayor Pro Tem Sarah Smith Hymes presented the Climate Action Plan for the Eagle County Community and detailed how the document was developed. Councilor Gennett moved to approve Resolution 16-38, Adopting the Climate Action Plan for the Eagle County Community. Councilor Wolf seconded the motion and it passed unanimously by those present. Mayor Fancher was absent. 7. 6. Approval of 2017 Regular Meeting Schedule ( Town Clerk Debbie Hoppe) Councilor Gennett moved to approve the 2017 Regular Meeting Schedule as modified and presented. Councilor Wolf seconded the motion and it passed unanimously by those present. 7. 7. Appointments to Boards, Commissions and Committees Executive Assistant to the Town Manager Preston Neill) This item was continued to the " Goal Setting Retreat" slated for 3: 00 p. m. on January 10, 2017. 8. CONSENTAGENDA 8. 1. Approval of McMahan and Associates 2016 Audit Engagement Letter After items 8. 6, 8. 7, and 8. 8 were approved, Councilor Prince made a motion to put items 8. 1 through 8. 5 back onto the Consent Agenda. Councilor Phillips seconded the motion and it passed on a vote of 5 to 1. Councilor Wolf voted no. Mayor Fancher was absent. Council Gennett moved to approve the Consent Agenda ( items 8. 1 through 8. 5). Councilor Prince seconded the motion and it passed on a 5 to 1 vote. Councilor Wolf voted no. Mayor Fancher was absent. 8. 2. Approval to Appropriate Funds to Repair Avon Regional Transit Facility Garage Doors and HVAC Repairs from the 2o16 General Fund Contingency Line Item Page 4
Avon 8. 3. Approval of Resolution 16-31, Approving a Gas Line Easement for Xcel Energy on Tract G 8. 4. Approval of Funding Request for the Adopt -A -Trail Program from the 2017 General Fund Contingency Line Item ("" ayof jennie FaneheF) 8. 5. Approval of the Appointment of the Members to the Historic Preservation Advisory Board 8. 6. Approval of an Intergovernmental Agreement between the County of Eagle, State of Colorado, and the Town of Avon for the Provision of Animal Services ( Police Chief Greg Daly) Items 8. 6, 8. 7 and 8. 8 were acted on right after item 7. 7. A motion was made to approve items 8. 6, 8. 7, and 8. 8 on the Consent Agenda and it passed unanimously by those present. Mayor Fancher was absent. Councilor Wolf moved to approve item 8. 6, 8. 7 and 8. 8 on the Consent Agenda. Councilor Prince seconded the motion and it passed unanimously by those present. Mayor Fancher was absent. 8. 7. Approval of Member Agency Joinder Agreement to the Services Agreement for a Law Enforcement Data Warehouse ( POPEe Chief CF^ g Daly) 8. 8. Approval of the Colorado Information Sharing Consortium Payment Intergovernmental Agreement ( o ' iee Chief Greg Daly) 8. 9. Approval of the November 15, 2o16 Regular Meeting Minutes ( Town Clerk Debbie Hoppe) This item took place after the approval of items 8. 1 through 8. 5. Councilor Gennett moved to approve the November 15, 2016, Regular Meeting Minutes. Councilor Prince seconded the motion and it passed on a 4 to 1 vote. Councilor Wolf voted no. Councilor Phillips abstained from the vote. Mayor Fancher was absent. 8. 1o. Approval of the November 17, 2o16 Special Meeting Minutes Councilor Prince moved to approve the November 17, 2o16, Special Meeting Burch seconded the motion and it passed on a 4 to 1 abstained from the vote. Mayor Fancher was absent. Minutes. Councilor vote. Councilor Wolf voted no. Councilor Phillips Councilor Wolf asked where the High 5 Access Media recording of the November 17, 2016, meeting is. Councilor Wolf left the meeting at 10: 17 P. M. Michael Cacioppo stated that JK Perry, Executive Director of High Five Access Media, will not send out public notices for board meetings. Page 5
f AV on rj 8. 11. Approval of the December 5, 2o16 Special Meeting Minutes ( Town Clerk Debbie Hoppe) Councilor Phillips moved to approve the December 5, 2016, Special Meeting Minutes. Councilor Prince seconded the motion and it passed on a 3 to o vote. Councilor Burch and Councilor Gennett abstained from the vote. Mayor Fancher and Councilor Wolf were absent. 9. WRITTEN REPORTS 9. 1. Gift Reporting Beaver Creek Parking Passes & Birds of Prey Gift Bags Executive Assistant to the Town Manager Preston Neill) 10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 11. MAYOR & COUNCIL COMMENTS 12. TOWN MANAGER UPDATE 13. Executive Session for the Purpose of Determining Positions Relative to Matters that May Be Subject To Negotiations, Developing Strategy For Negotiations, and/ or Instructing Negotiators, Under C. R. S. 24-6- 402( 2)( E) as well as a Conference with the Town Attorney for the Purpose of Receiving Legal Advice under C. R. S. 24-6- 402( 2)( B) Concerning Negotiations Regarding a Deed of Easement Northside Parcels This item took place during Open Session in conjunction with item 14. 1. 14. ACTION ITEMS 14. 1. Action on Resolution 16-37, providing a Deed of Conservation Easement Avon Northside Town Attorney Eric Heil) This item took place right after the Council reconvened into the Regular meeting after the URA meeting at 8: 13 pm. Markian Feduschak, President of Walking Mountains Science Center, and Toby Sprunk, Open Space Director for Eagle County, updated the Council on the proposed Conservation Easement. Michael Cacioppo asked Council what consideration the Town tax payer receives from this transaction. Phil Brodsky expressed how he believes the Walking Mountains Science Center is a treasure and asset to the Town of Avon. This item was tabled and direction was provided for the elected officials and necessary Town staff members, including the Town Attorney, to negotiate directly with Eagle County in an attempt to reach terms that will allow this to move forward. Page 6
1 Avon CQL: 3 f" AL30 Mayor Fancher left the meeting at 9: 55 P. m. 14. 2. Action on a Consent and Subordination Agreement as it Pertains to a Deed of Conservation Easement Lot 1B, Buck Creek Subdivision ( Town Attorney Eric Heil) This item took place right after the approval of item 8. 11. Councilor Phillips moved to approve the Consent and Subordination Agreement as presented. Councilor Gennett seconded the motion and it passed on a 4 to o vote. Councilor Prince was out of the room. Mayor Fancher and Councilor Wolf were absent. 15. Adjournment There being no further business to come before the Council, the regular meeting adjourned at 10: 24 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk's office, and the video of the meeting, which is available at www.highfivemedia. org. RESPECTFULLY SUBMITTED: A, Yff ' Crx ebbie Hoppe, Town tlefk APPROVED: Jennie Fancher Sara Smith Hymes Jake Wolf Matt Gennett Megan Burch Scott Prince Amy Phillips Page 7