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TC Minutes 01-28-2020AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 . v O n AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 1. CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 4:02 p.m. A roll call was taken, and Council members present were Amy Phillips, Tamra Underwood, and Jennie Fancher. Councilors Jake Wolf, Chico Thuon, and Scott Prince were absent. Also present were Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Town Manager Eric Heil, and Town Clerk Brenda Torres. TUTORIAL: OVERVIEW OF EMPLOYEE POLICIES. Start Time: 00:00:15 Part One Town Manager Eric Heil provided a presentation on employee policies. Councilor Thuon arrived at 4:25 p.m. Recess 4:39 p.m. — 5:00 p.m. Councilor Prince arrived at 4:43 p.m. 2. APPROVAL OF AGENDA Start Time: 00:37:10 Part One Mayor Smith Hymes pulled report 6.1 and added it as item 5.8. Councilor Prince pulled report 6.3 and Mayor Smith Hymes added it as item 5.9. Councilor Fancher moved to approve the amended agenda. Councilor Underwood seconded the motion and the motion passed unanimously by Council members present. Councilor Wolf was absent. Councilor Wolf arrived at 5:02 p.m. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Start Time: 00:38:42 Part One Town Attorney Paul Wisor recused himself from item 5.1. Councilor Prince recused himself from item 5.1 due to work related conflicts (previously voted on) and item 5.3, as he owns a property in the adjacent lot. Town Attorney Paul Wisor gave a brief Avon Code of Ethics presentation on the Wildwood Conflict of Interest. Councilor Underwood moved to find that Councilor Prince has a conflict of interest with respect to item 5.3 therefore he should be allowed to recuse himself. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 1 with Councilor Prince recusing himself from the vote and Councilor Wolf voted no. 4. PUBLIC COMMENT- COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start Time: 00:50:00 Part One Mr. Jacob Hancock suggested building a fenced dog park in Avon to help train and socialize local dogs. Mayor Smith Hymes explained Council has looked into this before and it is in the town's long range plan. Town Manager Eric Heil explained that our 2020 Strategic Plan includes research into dog parks and staff will probably present ideas in the spring. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 Avon AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 4.1. PRESENTATION OF WALKING MOUNTAIN SCIENCE SCHOOL ENERGY PROGRAM Start Time: 00:52:47 Part One Nikki Maline, Energy Programs Director for Walking Mountains Science, presented and answered questions from Council. She encouraged Council to sign up to the Home Energy Assessment as it is the best way to understand and learn what this program is about and to see what Walking Mountains Science Center is doing to help the community. 5. BUSINESS ITEMS 5.1. APPROVAL OF DEED RESTRICTION AGREEMENT FOR TWO (2) UNITS IN RIVERFRONT LODGE ON LOT 4, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Start Time: 01:03:19 Part One Town Attorney Paul Wisor and Councilor Prince recused themselves from this item and stepped out of the room. Planning Director Matt Pielsticker presented and explained there were three changes updated from the last time this was before Council. Councilor Underwood asked Council to consider the liquidated damages in lieu of the $300 a day they previously fixed. Mayor Smith Hymes opened a public hearing and Kathy Ryan commented she agrees with Councilor Wolf that a $650,000 two-bedroom home in the town is not affordable to an average person who is making $25.00 an hour. Councilor Fancher moved to approve the deed restriction agreement for two units in Riverfront Lodge with suggestion changes from Councilor Underwood. Councilor Underwood seconded the motion and the motion passed on a vote of 6 to 0. Councilor Prince was recused from the vote. Town Attorney Paul Wisor and Councilor Prince returned to the room at 5:40 pm. 5.2. CASE COMMITTEE JOINT WORK SESSION (CASE MANAGER DANITA DEMPSEY) Start Time: 01:18:16 Part One Introductions from the Culture, Arts & Special Events (CASE) Committee members and Council started this Work Session. Present were all Council members and CASE members Chris Cofelice, Pedro Campos, Ruth Stanley, Kathy Ryan, Jason Denhart and Lisa Mattis. CASE Manager Danita Dempsey and Town Manager Eric Heil presented. Every member of CASE and Council thanked the team for the wonderful work done and discussed different ideas for new projects and budget. Staff agreed to come back to Council with an update on the 2020 events budget. 5.3. WILDWOOD HOUSING PLAN (PLANNING DIRECTOR MATT PIELSTICKER) Start Time: 02:54:44 Part One Planning Director Matt Pielsticker provided a presentation on Wildwood Housing Plan. Town Attorney Paul Wisor explained this will be a three-step process: First, the quiet title, then amending the PUD, and lastly go to the November election as the last item in the ballot. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO Avon COLORADO Mayor Smith Hymes opened a public hearing and Patrick Hurley commented he is a local resident living in that area and that the lot is located on steep terrain and expressed concerns with drainage, flooding, and mud. Jeff Snider commented that he shares concerns of other Wildwood residents. Sarah Wilson commented she is new resident in that area and she also shares the expressed concerns on drainage, erosion, and slope stability. She mentioned it is not an easy place to build and wonders if a meager 14 units are worth it in a place where it is so hard to build. She also mentioned that transportation to Wildwood would be an important step. She asked Council to look at the level of repair needed in other deed restricted units to protect the financial interest of other homeowners. Maria DeSimone commented that she is in support of this project. She mentioned she lives in deed -restricted housing in that area and talked about the importance of those homes and how it has helped her. She stated that the County and Town can work with homeowners on upkeep and they are in conversation, working on ideas. Corey Pryor commented on the covenants of these units. Mayor Smith Hymes reiterated to the public that this is an open and transparent process. Everyone is encouraged to voice concerns and stay engaged and involved. 5.4. PUBLIC HEARING SECOND READING: ORDINANCE 19-11 ADOPTING A NEW CHAPTER 8.50 OF TITLE 8 OF THE AVON MUNICIPAL CODE PROHIBITING FOOD VENDORS FROM USING POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE TOWN ATTORNEY PAUL WISOR) Start Time: 00:00:24 Part Two Town Attorney Paul Wisor gave an update and answered questions from Council. Councilor Underwood requested council to consider giving Avon food vendors a window until 1/1/2021 for when this becomes effective, so they have time to adjust. She also requested to strike administrative fines. Mayor Smith Hymes opened the public hearing and Maria DeSimone commented that she supports and approves this initiative and expressed gratitude to Council. She takes these products to the recycling center in Denver. Mark Goodban commented he is a local resident and he expressed opposition to this ordinance and said polystyrene is great and nobody can afford the $0.35 for compostable alternatives. After Council discussion and suggestions, Councilor Wolf moved to approve, with modifications striking 8.50.050 and also adding the effective date to 1/1/2021 provided that the Colorado exemption goes away, the second reading of Ordinance 19-11 Adopting a New Chapter 8.50 of Title 8 of the Avon Municipal Code Prohibiting Food Vendors from Using Polystyrene Foam Disposable Food Service Ware. Councilor Fancher seconded the motion and the motion passed unanimously by Council members present. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 . v o n AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 5.5. COUNCIL CONSIDERATION OF SUPPORTING HOUSE BILL 20-1162 (TOWN MANAGER ERIC HEIL) Start Time: 00:47:45 Part Two Mayor Smith Hymes opened a public hearing and no comments were made. Councilor Wolf moved to direct Staff to send a letter to express Avon's support for House Bill 20-1162 and take other appropriate actions to support this bill. Councilor Fancher seconded the motion. The motion passed on a vote of 6 to 0. Councilor Thuon stepped out of the room. 5.6. INTERSTATE -70 UNDERPASS DESIGN CONTRACT (TOWN ENGINEER JUSTIN HILDRETH) Start Time: 00:50:22 Part Two Town Engineer Justin Hildreth presented and answered questions from Council. Councilor Fancher moved to approve the award for design services to Yarnell Consulting and Civil Design, LLC, for the Avon Road/170 Pedestrian Improvements and direct Town Staff to finalize the professional services agreement. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 2. Councilor Wolf and Councilor Thuon voted no. 5.7. APPROVAL OF MINUTES FROM JANUARY 14, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Start Time: 01:10:09 Part Two Councilor Prince added he was not present on Executive Session item 8.1. Councilor Underwood moved to approve the minutes with the change made by Councilor Prince. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 2. Councilor Wolf and Councilor Thuon voted no. 5.8. DEED RESTRICTED HOUSING COMPLIANCE REPORT Start Time: 01:11:15 Part Two Mayor Smith Hymes mentioned that The Valley Home Store requires to receive two written complaints before they investigate compliance complaints and she asked why the Town cannot go with only one. Planning Director Matt Pielsticker explained that he already informed them to move forward with only one complaint as he found the 2 -complaint rule curious himself. 5.9. HOMESTAKE PEAK SWIM LESSONS (RECREATION DIRECTOR JOHN CURUTCHET) Start Time: 01:12:58 Part Two Councilor Prince expressed support to have the Town pay for the program. Town Manager Eric Heil said the Town will make this happen. 6. WRITTEN REPORTS 6.2. NEW RESIDENT WELCOME LETTER (EXECUTIVE ASSISTANT INEKE DE JONG) 6.4. JANUARY 21ST PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 Avon AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start Time: 01:31:31 Part Two Councilor Thuon mentioned the passing of Cole Greenfield and requested 20 seconds of silence. He requested an update on the Whitewater park. Staff will provide a written report. He also inquired how we can help CDOT with crosswalks for pedestrian safety. Mayor Pro Tem Phillips mentioned this is part of the CDOT 2021 Plan. Councilor Wolf thanked Chief Greg Daly and the Avon Police Department for their great work. Councilor Prince asked Executive Assistant to the Town Manager, Ineke de Jong, about distribution of the welcome letter. She responded they will be sent out twice a month on a Council meeting week. Councilor Prince asked for an update on the Real Estate Transfer Tax. Staff explained reporting will be quarterly and separate by neighborhood. Councilor Thuon found a used Zamboni for $6000 fully refurbished online. Mayor Smith Hymes request Council to consider a sales tax exemption for e -bikes to encourage people to buy this kind of expensive of electric vehicles, including electric vehicles, e -bikes, bikes, and scooters. Staff suggested a work session in March. She gave announced that CMC Edwards campus is now available to do a legislative testimony. This is now an off-site alternative without the need to drive to Denver. Councilor Underwood thanked Town Manager Eric Heil and Mayor Smith Hymes for their hard work on the climate event Getting to Zero hosted last week at Battle Mountain High School. Councilor Wolf suggested that if there are any older snow vehicles, we can perhaps consider an antique snow device show as a winter event. 8. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:55 p.m. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 Av O n AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 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: Bre da Torres, Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood