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TC Minutes 09-28-2021AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 28, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present in person were Amy Phillips, Scott Prince, Lindsay Hardy, Tamra Underwood, RJ Andrade, and Chico Thuon. Also present were Finance Director Scott Wright, Chief of Police Greg Daly, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE AND DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND INSTRUCTING NEGOTIATORS PURSUANT TO § 24-6-402(4)(B) AND (E) RELATED TO TOWN -OWNED PROPERTY AND FOR THE PURPOSE OF RECEIVING LEGAL ADVICE AND DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND INSTRUCTING NEGOTIATORS PURSUANT TO § 24-6-402(4)(B) AND (E) RELATED TO PROPOSED ESTABLISHMENT OF A REGIONAL WATER AUTHORITY Mayor Smith Hymes called the meeting to order at 4:00 p.m. Six members of Council were present in - person in the Mount Holy Cross meeting room. Councilor Prince was absent from the roll call. Also present in person was Town Manager Eric Heil and via Zoom were Town Attorney Paul Wisor and General Government Manager Ineke de Jong. Mayor Smith Hymes asked for a motion to proceed into Executive Session for the two purposes outlined on the agenda. Mayor Pro Tern Phillips moved to approve that motion. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince joined at 4:02 p.m. The Executive Session started at 4:02 p.m. The Executive Session ended at 4:47 p.m. 2. APPROVAL OF AGENDA Video Start Time: 00:00:20 There were no changes made to the agenda. Mayor Pro Tern Phillips moved to approve the agenda as presented. Councilor Thuon 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: 00:00:42 There were no conflicts of interest disclosed. 4. PUBLIC COMMENT Video Start Time: 00:00:55 Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via Zoom. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 28, 2021 Avon SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Comments made in -person: Paul Jenick, an Avon resident and a recall committee member, commented. He said his position in the recall business is not personal. He thanked Council for disclosing the recall fees memo included in the packet tonight and mentioned 180 plus 60 seconds are not enough for a one-way conversation with no feedback. Todd Roehr, an Avon resident and a recall committee member, commented. He talked about the recall and said he represents the citizens that signed the recall petition. He said that there is a mistake in the Interim Town Attorney proposed contract added in the agenda tonight, asthe Town Attorney is supposed to work for the town and advise the Town Council and employees, meaning the Town Attorney should work for the citizens and not for the people behind the desks around him tonight. Dave Martinez, an Avon resident, commented. He talked about contractors and legal issues that he had mentioned in previous meetings and said his issue has not been resolved. Kathleen Walsh, an Avon resident, commented. She said the recall is wasting -so much time, energy, and town's money. She thanked Council members for doing their regular jobs and then coming to do their job as Council members. She said the light issue at the Piedmont apartments has still not been resolved and it is really obtrusive to neighbors. Comments made virtually: Tom Ruemmler, an Avon resident, joined via Zoom and commented. He said he wanted to set the record straight and said that before the Town filed the recall lawsuit, he sent each Town Council member a copy of the recall law with the number of signatures needed, highlighted, but they must not have read it. He said he wants to see a motion today on the Town paying all the expenses resulting from this lawsuit and have these members resign, as that is the moral and ethical thing to do. 5. BUSINESS ITEMS 5.1. PRESENTATION: UNIFICATION OF THE UPPER EAGLE REGIONAL WATER AUTHORITY AND THE EAGLE RIVER WATER & SANITATION DISTRICT (LINN BROOKS, GENERAL MANAGER AT THE ERWSD AND JASON COWLES, DIRECTOR OF ENGINEERING AND WATER RESOURCES AT THE ERWSD Video Start Time: 00:23:42 Linn Brooks and Diane Johnson with the ERWSD presented, explained the steps to unification, and answered questions from Council. Mayor Pro Tern Phillips expressed that her biggest concern is to make sure Avon has representation in this unification, and she asked if there is any cost involved in this process. Diane Johnson clarified that there is no cost for the Town. Councilor Prince asked the term limits for their Board members. He said he wants to make sure that Avon Residents know when there is a seat available as he does not recollect any vote done before. Councilor Underwood said that the Statutory election is in May, when people are most likely out of town. AVON REGULAR MEETING MINUTES ��O TUESDAY SEPTEMBER 28, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Council agreed to proceed with making a draft of the inclusion agreement, but Mayor Smith Hymes clarified that it does not mean Council will agree with the drafted inclusion agreement, until they fully understand all the details. 5.2. PUBLIC HEARING: SECOND READING OF ORDINANCE NO. 21-11 ADOPTING SHORT-TERM RENTAL TAX REGULATIONS (ASSISTANTTOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 01:16:47 Assistant Town Manager and Finance Director Scott Wright explained that this ordinance is an administrative matter and dependent on the vote during the November election. Town Manager Eric Heil explained that this is a public hearing, and it should be open for public comments this evening but that he recommends Council to continue the hearing to a future agenda so that the Interim Town Attorney could look at the ordinance as he will be involved with interpretation and enforcement of the ordinance in January. Mayor Smith Hymes and Councilor Underwood made a few edits. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Prince moved to continue second reading of Ordinance 21-11 Amending Chapter 3 of the Avon Municipal Code by the addition of a new Chapter 3.29 implementing voter approval by the Town of Avon electorate of the Community Housing Short-term Rental Tax to the October 26th meeting. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of7to0. 5.3. FRONTGATE AVON CONDOMINIUMS. TWO ACTION ITEMS RELATED TO NEW DEVELOPMENT LOCATED AT 38460 HIGHWAY 6 (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:2S:SS Planning Director Matt Pielsticker presented and explained that there are two action items in front of Council this evening. First the employee mitigation plan and second the amended development agreement. Graham Frank, Chief Real Estate Development Officer with Breckenridge Grand Vacations, was present and answered several questions from Council. Mayor Pro Tern Phillips clarified the mitigation rates formula applied, which is that there are a total of 7 employees in 2 3-bedroom units. Councilor Hardy asked about parking spots and the patios spaces as she would like to see these spaces extended. Graham Frank explained there is 1 dedicated space for 2-bedroom and 2 dedicated spaces for 3 and 4-bedroom units in the building, and in addition, they will try to promote the public transit bus stop, which is right in front of the building, as much as possible. Councilor Prince clarified with the Town Manager Eric Heil that the Mi Casa deed restriction program will not apply to these 2 units, only to the open market units. Several edits were made by Mayor Smith Hymes and Councilor Underwood. Town Manager Eric Heil suggested to continue the development agreement to the next meeting to incorporate the new revisions, no action to continue was needed. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 28, 2021 Av o n SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Hardy moved to approve the Frontgate Avon Condominiums Mitigation Plan, subject to Town Council approval of a Deed Restriction Agreement prior to Certificate of Occupancy. Councilor Thuon seconded the motion. Councilor Underwood then asked Councilor Hardy to amend her motion to "prior to the building permit" instead of "prior to Certificate of Occupancy". Councilor Hardy amended her motion, Councilor Thuon seconded the amended motion and the motion passed with a vote of 7 to 0. 5.4. WORK SESSION: COMMUNITY HOUSING PLAN UPDATES (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:45:15 Planning Director Matt Pielsticker presented a summary of the Community Housing Plan accomplishments and proposed amendments, and said tonight is really a discussion and work session and no action was needed. Mayor Pro Tern Phillips said she would like to maintain a historical timeline, a tally to see numbers comparison. Councilor Underwood said that getting ahead of the wave of short-term rentals is a priority over the mobile home initiative. After Council discussion on the short-term rentals, Town Manager Eric Heil said staff has been talking about different approaches and techniques and seeing what other communities are doing and staff will present all the information to Council. 5.5. WORK SESSION: MIKAELA WAY ON -STREET PARKING (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 03:12:14 Town Engineer Justin Hildreth explained that this is coming before Council as a follow up from Council request. He explained parallel and diagonal parking options and he recommended to stay with the current layout. Councilor Thuon asked what the cost per space would be. Mayor Pro Tern said this was an interesting exercise, but she cannot imagine doing this before knowing if it would work with the project that is going to be built in the Sheridan lot. Councilor Prince suggested to try parallel parking with just paint and one-way signs, and if that does not work, just change it back. Councilor Hardy stated that this plan is awkward, and the Recreation Center parking is already difficult enough, and suggested maybe reevaluating these options once the Recreation Center renovations are done. Councilor Andrade agreed with Councilor Hardy's comments and said that the parking is needed but suggested looking for a different location. Council consensus was to not proceed with one-way traffic and on -street parking. 5.6. RESOLUTION 21-22: APPOINTING AN INTERIM TOWN ATTORNEY (TOWN MANAGER ERIC HEIL) Video Start Time: 03:30:27 Town Attorney Eric Heil explained that this resolution is to appoint Karl Hanlon as interim Town Attorney. Karl Hanlon virtually joined via Zoom, introduced himself, and answer questions from Council. He said one of his specialties is municipal law, and that his firm also represents Silverthorne and many other west slope municipalities. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 28, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips moved to approve Resolution 21-22 Appointing Karl Hanlon as the Interim Town Attorney for the Town of Avon and approving the retainer agreement with Karp Neu Hanlon. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF SEPTEMBER 14, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 02:45:54 Councilor Hardy asked Town Clerk Brenda Torres to use either "with a vote of 7 to 0" or "unanimously" to keep consistency. Councilor Thuon moved to approve the minutes from the September 14th regular meeting as presented. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. 7. WRITTEN REPORTS 7.1. Monthly Financials (Senior Accountant Joel McCracken) 7.2. Legal Expenses Recall Election (Town Manager Eric Heil) 7.3. Draft September 14th Health & Recreation Committee Meeting Minutes (General Government Intern Emily Myler) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:44:28 Councilor Andrade asked why work has stopped at the former Town Hall site. Town Manager Eric Heil explained that there was a safety issue with one of the walls. Councilor Hardy reported that she attended last week's CASE Committee meeting and how it was great to hear from other committee members about what their favorite summer event was and said hers was Pride in the Park. She mentioned again the short-term rentals. She said language in the code about townhomes, lodge, condos, and how short-term rentals applies to those should be clarified. Councilor Thuon asked if he is allowed to comment on the elections and election's signs. Town Manager Eric Heil explained that this would be appropriate under public comments, not Council comments, but he told Councilor Thuon he would be able to ask to that the new Interim Town Attorney at the next meeting. Councilor Underwood disagreed as she thinks this would be the right moment. Councilor Thuon told everyone to try to be kind. Mayor Pro Tern Phillips said that the CASE Committee was excellent, and Chris Cofelice is returning to the valley so he will finish out his term. She expressed how she is looking forward to the joint CASE-P&Z meeting next month to look to a 10-year plan. She closed her comments reminding the recall committee of the votes she received. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 28, 2021 Avon SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Smith Hymes said that taking down the old Town Hall was one of her favorite moments last summer. She asked Town Manager Eric Heil for an update on the entities that showed interest in housing at the old fire station. He informed Council the agencies were interested but after walking through the building and evaluating the work that is needed to make that happen, they are not pursuing this project any further. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:58 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.highfivemedio.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade