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TC Minutes 04-13-2021 AVON REGULAR MEETING MINUTES TUESDAY APRIL 13, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:01:31 Part One The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Lindsay Hardy, Scott Prince, Tamra Underwood, RJ Andrade, and Amy Phillips. Councilor Thuon was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Planning Director Matt Pielsticker, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. Councilor Thuon joined at 5:01 p.m. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING WATER RIGHTS AND WATER AGREEMENTS PURSUANT TO § 24-6-402(4)(B), C.R.S. Video Start Time: 00:00:01 Part One Mayor Pro Tem Phillips moved to move into Executive Session for the purpose of receiving legal advice concerning water rights and water agreements pursuant to § 24-6-402(4)(b), C.R.S. Councilor Underwood seconded the motion and the motion passed with a vote of 7 to 0. The time was 4:00 p.m. For the record, Mayor Smith Hymes said there will not be any action taken and that Executive Session is simply to receive legal advice. Council went into a different Zoom link for the virtual Executive Session. The Executive Session started at 4:05 p.m. The Executive Session ended at 4:48 p.m. 2. APPROVAL OF AGENDA Video Start Time: 00:02:15 Part One Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Andrade seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:03 Part One Town Attorney Paul Wisor expressed he will recuse himself from agenda item 5.1 work session on off- road vehicles and Road 779 as his parents live next to the road. His colleague Andrea Bryan from the G&H office will be available to assist with legal advice for this agenda item. Town Attorney Paul Wisor than disclosed that for agenda item 5.5 Riverfront Lot 1 Townhomes discussion it is possible that any realtor in future can get monetary gain from this once the units go on the market. He suggested Council to make a motion to let Councilors Thuon, Phillips and Prince be part of the discussion as they will have the same opportunity as any other realtor in the valley. Mayor Smith Hymes moved to waive any conflict of interests that may arise by Councilors Thuon, Phillips and Prince being compensated in the future in connection with any transaction related to Riverfront Lot 1 Townhomes, pursuant to section 2.30.060 (11) of the Avon Town Code. Councilor Hardy seconded the motion and the motion passed with a vote of 4 to 0. Councilors Thuon, Phillips and Prince abstained from the vote. AVON REGULAR MEETING MINUTES TUESDAY APRIL 13, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Hardy disclosed she is directly involved in the project for agenda item 5.5 Riverfront Lot 1 Townhomes and asked to be recused. Councilor Prince moved to recuse Councilor Hardy from item 5.5. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy abstained from the vote. 4. PUBLIC COMMENT Video Start Time: 00:12:03 Part One Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Ruth Stanley, an Avon Resident, commented. She asked about the status of the West Beaver Creek Boulevard parking. She mentioned she is extremely concerned about people speeding up coming from the park and that she almost got hit yesterday. Staff explained they are looking at options and rough sketches to be used for community outreach are currently in the works. Ruth Stanley also wanted to know about the lights in the park that have been out for a few weeks and wondered when the electricity will come back on. Staff explained the contractor that was doing the utility work at old Town Hall fell behind and was fired. The new contractor is trying to finish as quickly as possible, and we expect the power will be back on by Thursday. Councilor Thuon got disconnected at 5:18 p.m. 5. BUSINESS ITEMS 5.1. WORK SESSION: OFF ROAD VEHICLES (CHIEF OF POLICE GREG DALY) Video Start Time: 00:21:27 Part One Town Attorney Paul Wisor recused himself from this item and Andrea Bryan joined at 5:20 p.m. Chief Daly and Planning Director Matt Pielsticker joined the meeting. There was an extensive Council discussion on covenants, status quo and what the status was when Wildridge homeowners bought their residence. Councilor Thuon rejoined at 5:38 p.m. Councilor Underwood got disconnected but quickly rejoined at 5:50 p.m. Mayor Smith Hymes asked for public comments and several public comments were made. Robert Tadlock, with Rocky Mountain Sport Riders, said he is in support of legitimizing Off Highway Vehicles (OHV) on roads. He said it works well in Gypsum and Eagle and allows for proper education. He offered his support with education. Charley Viola, a Wildridge resident, said he is support of the continued use of OHV on roads. He said that for people who bought a Wildridge home while it was prohibited, it was still common practice, and it should not be a grey area. AVON REGULAR MEETING MINUTES TUESDAY APRIL 13, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Dee Wisor, a Wildridge resident, said he opposes to OHV on roads. He said this is about use of the roads, not jurisdiction over 779 or 719 and that this involved Wildridge covenants and State law/statute. He said the Town has the right but not the obligation to enforce the covenants. Dave Dantas and Devon DeCrausaz, Wildridge residents, said they are in support of allowing OHV to get to the trailhead. Jack Gardner, a Wildridge resident, said the focus seems to be on Wildridge streets, but what about other streets in Avon. He mentioned he objects OHV on roads for safety concerns. He said licensing is a big step and is important and that often OHV users go high speeds and are underaged drivers. He has concerns about the non-complying users. Craig Lathram, a Wildridge resident, echoed comments in support of allowing OHV to get to the trailheads and thanked Council for taking up the issue and getting something formalized. James Harris, a Wildridge resident, said he is in support of allowing OHV. He said that signage about laws/ordinance may slow down the kids that are now doing this illegally and are perhaps trying to get to their house very quickly as they know they are not officially allowed to do this. Spencer Ball, a Wildridge resident, said he is also in support of an ordinance to allow OHV on roads. He said he is in support of educating kids about speeds and noise. Tisch Plavec, a Wildridge resident, said he is also in support of an ordinance to allow OHV on roads. Avon prides itself on activities and recreation for all which includes OHV. She said that cars also speed up/down the road, it is not just motorcycles. James Harris made a quick second comment and said his neighbor is selling his house because there is no more snowmobile access from Wildridge. Mayor Smith Hymes got disconnected at 6:29 p.m. and rejoined at 6:31 p.m. Councilor Hardy expressed that if the Town enforces this part of the covenants, others should also be enforced. Council asked staff to draft an ordinance at which point Council can further discuss. 5.2. WORK SESSION: REAL ESTATE TRANSFER TAX (TOWN MANAGER ERIC HEIL) Video Start Time: 0 1:41:07 Part One Andrea Bryan got disconnected and Town Attorney Paul Wisor rejoined at 6:39 p.m. Town Manager Eric Heil took Council through the PPT included in the packet for the benefit of the public. The presentation was a group effort of several staff members. Staff is looking for direction on whether any information is missing and needs to be added and direction on whether this should go out in a mailer or via website/social only. AVON REGULAR MEETING MINUTES TUESDAY APRIL 13, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Underwood would like to add more analysis on property taxes in Avon and clarified that RETT is not a property tax. She suggested that in the slide of the map of RETT/RETA to add pink circles with Mills. She also suggested to start education on the Town’s website and on Engage Avon and launch digitally first so staff can filter questions before making potential changes and printing anything. Councilor Andrade agreed with a digital launch to filter questions from the public before printing brochures. Councilor Hardy agreed education will be important. Councilor Prince suggested creating a scenario sample purchase and add the numbers to the slide on Exemptions 17/18/19. Secondly, he suggested to move the CIP slide to the front of the presentation. Thirdly, he wondered if RETT has detracted buyers in Avon but said he was not sure how we quantity that or make it scientific. Fourthly, he wondered if peer communities have exemptions like Avon does and can the Town add that because if it is just Avon, that should be highlighted. He agreed to start distribution in digital form. Mayor Pro Tem Phillips said she liked the suggestions offered of getting a press release out and starting digitally. She would like staff to call out bike lanes besides roads as projects funded by the RETT. She said that, on a future Council agenda, she would like to reevaluate the $700K cap under exemption 19. Mayor Smith Hymes agreed with the comments. Mayor Smith Hymes asked for public comments and no public comments were made. 5.3. WORK SESSION: REC CENTER MURAL INSTALLATION (CASE MANAGER DANITA DEMPSEY) Video Start Time: 02:19:39 Part One CASE Manager Danita Dempsey joined the meeting and took Council through the approach, process and design selection for the Avon Recreation Mural Project as included in her report in the packet. Jury members joined and commented. Andrew Pranger expressed how much work CASE Manager Danita Dempsey and the jury panel put in the process to eventually make this final selection. Pedro Campos echoed Andrew Pranger’s comment on the great organization and leadership of this process. Kathy Ryan also echoed Pedro Campos’s comments and she said she enjoyed the diverse population on the jury panel and said it was a great group with great experience. She wanted to tell Council to prepare themselves as not everyone will like it and there will be some resistance. Councilor Underwood asked about timeline and preparation of the concrete block. Councilor Prince asked about paint colors and future touch-ups. Mayor Smith Hymes asked for public comments and no public comments were made. 5.4. FIRST READING OF ORDINANCE 21-06 AMENDING CHAPTER 13.04 OF THE AVON MUNICIPAL CODE PERTAINING TO WATER USE RESTRICTIONS (TOWN ATTORNEY PAUL WISOR) Video Start Time: 00:00:01 Part Two Town Attorney Paul Wisor explained the ordinance and the mechanism to enforce the rules. He said the Town ’s regulations would be automatically amended as the regulations of the Water Authority continue to change. Councilor Prince asked about enforcement. Mayor Smith Hymes wanted to express that water is not a right but a responsibility. AVON REGULAR MEETING MINUTES TUESDAY APRIL 13, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Underwood got disconnected at 7:36 p.m. and rejoined at 7:38 p.m. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve on First Reading Ordinance 21 -06 amending certain portions of Chapter 13.04 of the Municipal Code and setting a public hearing for second reading on April 27, 2021. Councilor Hardy seconded th e motion and the motion passed unanimously. 5.5. P UBLIC HEARING: MAJOR D EVELOPMENT PLAN FOR RIVERFRONT LOT 1 TOWNHOMES – PHASE I (PLANNER DAVID M CWILLIAMS) Video Start Time: 00:09:30 Part Two Councilor Hardy disconnected at 7:45 p.m. as she recused herself from this item . Planner David McWilliams presented . Jim Telling, Pedro Campos and Dave Kaselak made a brief presentation and answered Council questions , mainly regarding parking and landscaping. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood asked staff to expedite the pedestrian crossing safety situation from Riverfront L ane to Avon Road now that more residents will be moving into this area and more people will be crossing. Councilor Underwood moved to approve Case #MJR20006 an application for Major Design and Development Plan for Lot 1 Riverfront Subdivision Phase I, together with the Findings and Conditions as recommended by staff. Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 6 to 0. Councilor Hardy was absent from this item. 5.6. RESOLUTION 21-08 WILDWOOD SOUTH TOWNHOMES TAX AND FEE WAIVER (PLANNING DIRECTOR MATT P IELSTICKER) Video Start Time: 00:58:00 Part Two Councilor Hardy rejoined at 8:33 p.m. Planning Director Matt Pielsticker joined and explained the tax and fee waivers for this project. Denise Gallagher joined the meeting and explained the timeline of this project/process. Mayor Smith Hymes requested to change some language in the Deed Restri ction. Mayor Smith Hymes asked for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve Resolution 21 -08 approving the fee waiver and rebate request to perform capital improvements at Wildwood Townhomes South. Councilor Prince seconded th e motion and the motion passed unanimously. 5.7. RESOLUTION 21-09 REPEALING EMERGENCY ORDINANCE 20-08 CONCERNING INDOOR FACE COVERING REQUIREMENTS (TOWN MANAGER ERIC HEIL) Video Start Time: 01:13:23 Part Two Town Manager Eric Heil explained this resolution and expressed that by repealing the Town's AVON REGULAR MEETING MINUTES TUESDAY APRIL 13, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 emergency ordinance, the Town will comply with the regulations at County and/or State level and allow for simplicity rather than keeping up with changes at the County/State leve l. The Town would follow up with messaging that masks are still required but the Town will simply follow the county/state regulations instead of imposing its own regulations. The Town signs would have to be retired in the near future. Mayor Smith Hymes asked for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approved Resolution 21-09 repealing the Emergency Ordinance No. 20 -08 concerning indoor face covering requirements. Councilor Hardy seconded the motion and the motion passed unanimously. 5.8. WORK SESSION: OPEN CONTAINER REGULATIONS (TOWN MANAGER ERIC HEIL) Video Start Time: 01:19:02 Part Two Town Manager Eric Heil explained this topic was a crowd pleaser last spring as the Town Manager and Town Council can allow open containers on Town property. He is proposing open container only in Harry A. Nottingham Park and not on the Main Street Mall for this summer. Council agreed that glass containers will not be allowed. Council asked to allow this in the other pocket parks in Town. Mayor Smith Hymes asked for public comments and no public comments were made. Town Manager Eric Heil a said public notice will go out tomorrow. Council would like staff to check -in in October to potentially continue to allow this year -round rather than to end this on November 1 st. 5.9. QUARTERLY UPDATE ON 2021 DEPARTMENT GOALS (TOWN MANAGER ERIC HEIL) Video Start Time: 01:30:52 Part Two Town Manager Eric Heil expressed this is a quarterly update /check-in with Council and said staff anticipates a very busy summer and is working to get as much as possible done in April & May. Mayor Smith Hymes asked to eliminate goal #6 under Community Development as she thinks the old Town Hall is not an appropriate place for a Convention Center. Other Councilors agreed. She asked if Council is interested in staff studying a recycling ordinance, there was no Council support at this point. 6. MINUTES 6.1. APPROVAL OF MARCH 23, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:38:35 Part Two Councilor Underwood moved to approve the minutes as presented. Councilor Hardy seconded th e motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY APRIL 13, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 7. WRITTEN REPORTS 7.1. April 6th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. March 18th CASE Committee Draft Meeting Minutes (General Government Intern Emily Myler) 7.3. Upper Eagle Regional Water Authority Mar 25, 2021 Meeting Summary (Mayor Smith Hymes 7.4. Eagle County Regional Transportation Authority Mar 17, 2021 Meeting Minutes (Mayor Smith Hymes) 7.5. Capital Improvements Project Update (Town Engineer Justin Hildreth) 7.6. Manhole Adjustments in Roadway (Town Engineer Justin Hildreth) 7.7. Home Occupation License Report (General Government Intern Emily Myler) 7.8. Community Survey** (Communications Manager Elizabeth Wood) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:39:20 Part Two Mayor Smith Hymes expressed she was scheduled to testify for HB-1162 regarding regulating plastic products, but never got a chance to as the hearing ran late. Town Attorney Paul Wisor clarified that the language of the bill has changed since it was first presented, and it is a work in progress and now is a step backwards from where we began. Councilor Thuon asked if anyone knows the source of the power outage on Eaglebend Drive. Secondly, he wanted to put his heart out to the people in Sunridge who have been displaced due to the fire on Sunday. He asked if there is anything we can do as a Town to support these people. Mayor Smith Hymes expressed the importance of the broadband survey. Mayor Pro Tem Phillips suggested to change the graphic to stimulate a better response rate. Mayor Pro Tem Phillips announced the first ECO-Transit zero-emissions bus is out and being tested. Secondly the EGE Air Alliance now offers daily direct flights to Dallas, Atlanta & Chicago starting in June. She asked when Town Hall will be reopened and Town Manager Eric Heil confirmed the plan is to reopen on Monday May 3rd. Councilor Underwood wanted to read two comments from constituents. The first comment was about lights in the park. He wanted to use this as an example that everything that the Town does, Council and staff, matters and we need to keep this in mind. The second comment was about the I-70 underpass project, this person expressed he is not in favor of making this a landscaping project and to do nothing on the East side. She made an inquiry about when the I-70 bridge is scheduled to be replaced by Colorado Department of Transportation (CDOT). Third a policy question from Northwest Colorado Council of Governments (NWCCOG) meeting about the federal bill called Ski Area Fee Retention Bill and whether the Town/CAST/NWCCOG take a position on this bill. Mayor Smith Hymes will follow up on the status of the letter submitted from CAST. AVON REGULAR MEETING MINUTES TUESDAY APRIL 13, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Thuon expressed we should keep an eye on the “trillion-dollar” budget for road and bridge improvements and see if I-70 bridge can be part of that and see how Council can key in on that. Councilor Hardy quoted a part of the Wildridge covenant, cats and dogs are discouraged in Wildridge. She said this was her point earlier, how can the Town enforce one part of the covenants and not others. Councilor Prince asked for an update on the utilities project at the old Town Hall. Town Manager Heil clarified that the new contractor said they can finish in about 2 weeks and the power should be restored on Thursday. He also said the asbestos removal contractor is on track to finish by June. Town Attorney Paul Wisor clarified that any potential delta in cost of the old contractor and new contractor will be due by the old contractor, the Town will be seeking damages against the contractor and is working with a bond company. Mayor Pro Tem Phillips asked Town Manager Eric Heil and Town Engineer Justin Hildreth to send Council a note/update on the exact electricity status in the park on Friday. Mayor Smith Hymes said that the engineering cartridges are still sitting at old Town Hold and need to be recycled properly. Councilor Underwood requested to salvage a corner stone and the brass plaque from old Town Hall as memorabilia / time capsule. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:33 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: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade