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TC Minutes 03-08-2022AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 ,avon 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, RJ Andrade, Lindsay Hardy, Tamra Underwood, and Chico Thuon. Also present via Zoom was Human Resources Director Lance Richards and in person were Mobility Manager Eva Wilson, CASE Manager Danita Dempsey, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:25 Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tern Phillips 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: 00:00:43 Councilor Hardy disclosed that one of the applicants for agenda item 5.2 CASE appointments is one of the principals within her office. Councilor Prince asked her if she reports directly to this person, which she said she does not and that they work in different departments. Councilor Underwood moved to declare that Councilor Hardy does not have a conflict of interest with respect to the evaluation or decision of CASE members. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 5 to 1. Councilor Hardy did not vote, and Councilor Prince voted no. 4. PUBLIC COMMENT Video Start Time: 00:02:59 Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-02 AN ORDINANCE AMENDING CHAPTER 9.12.080 OF THE AVON MUNICIPAL CODE REGARDING PUBLIC CONSUMPTION OF ALCOHOL ON TOWN -OWNED PROPERTY (TOWN PROSECUTOR ELIZABETH PIERCE -DURANCE) Video Start Time: 00:03:40 Town Prosecutor Elizabeth Pierce -Durance presented Ordinance 22-02. No Council comments were made. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips moved to approve on Second Reading Ordinance 22-02, which modifies Code section 9.12.080(c) relating to lawful consumption of alcohol on Town -owned properties. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.2. CULTURE, ARTS & SPECIAL EVENTS (CASE) COMMITTEE APPOINTMENTS (CASE MANAGER DANITA DEMPSEY) Video Start Time: 00:05:42 CASE Manger Danita Dempsey pointed out a typo in the second paragraph in her report, it should read 4 applicants for 3 open seats (not 4). Applicants Pedro Campos, Doug Jimenez, Jen Dean, and Kim Hannold were present in person and went through a round of introductions and questions from Council, 5 minutes for each applicant. Council members voted and Deputy Town Clerk Brenda Torres announced that the 3 candidates appointed were Pedro Campos with 7 votes, Doug Jimenez with 7 votes, and Kim Hannold with 6 votes. Mayor Smith Hymes thanked all the applicants. 5.3. PUBLIC HEARING: RESOLUTION 22-01, A RESOLUTION FOR PRELIMINARY SUBDIVISION APPLICATION, LOT 3 AND LOT 6, MCGRADY ACRES SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:37:14 Planning Director Matt Pielsticker gave a quick summary and presented staff recommendations. Council discussed different issues including fencing, the pocket -park, the pedestrian path, water rights, and creating a deed restricted unit. Mayor Smith Hymes called for public comments and three public comments were made in person. Buz Didier, Eaglebend Drive resident, commented. He said it seems like there is a lot going on and he expressed his concern is that once the development is done the parking will be a problem in that area. Guy Erickson, Eaglebend Drive resident, commented. He said his plat goes into the river and goes up to the tract that now Eaglebend HOA has, and said he is there to answer any questions and that he has the easement that was set up back in 2001. He mentioned the tank was professionally removed. Later, Planning Director Matt Pielsticker explained he received a written public comment by email from Bette Todd, who was present, so she expressed her comment in person as Council did not see that comment. She said there have been a number of requests throughout the hearings from Eaglebend drive residents on the landscaping at the end of the cul-de-sac, they are requesting to add a dense landscaping to help to break down the impact of those buildings and the views. Councilor Underwood asked who pays for the improvements of the bus stop and the pull out and if there is enough space for a standard bus stop shelter. Mayor Pro Tern Phillips said her concern is that there is not enough space for snow storage in the winter and to not be able to adequately maintain the path that goes to that bus stop. Councilor Hardy asked about connectivity as the path seems to end at the park and said she is concerned about the privacy between the buildings being so close together. Applicant Andrea McMillen was present in person and explained the fencing, landscaping, and the width included in the pedestrian easement. Mayor Smith Hymes said that if the landscaping code gets updated before the final plat, she wants this to comply with the new regulations. Councilor Prince clarified the land dedication numbers on value per square foot. He said he needs to do a site visit and asked staff to help Council visualize what is proposed. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tem Phillips requested to make the pocket -park bigger and said this would also create a bigger separation. She proposed the two buildings right next to the cul-de-sac to be treated on a more 360 views as that would be more valuable for the great sunset views. Councilor Thuon agreed with her comment and said he agrees that land is better than cash in lieu. Council consensus was to double the size and enhance the amenities of the park and to schedule a site visit. Mayor Pro Tem Phillips moved to continue Resolution 22-01 to the March 22"d meeting and to have a site tour with the applicant, all Council members, the Town Attorney, and the public that day at 4:15 p.m. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.4. EMPLOYEE HOUSING MITIGATION PLAN FOR MCGRADY ACRES SUBDIVISION PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:43:30 Planning Director Matt Pielsticker said there is nothing else to add to what has been presented in the packet tonight and he recommended continuing this item as item 5.3 Resolution 22-01 has been continued as well. Mayor Pro Tem Phillips said she would like to see the development to offer one of these units as a deed restricted unit with a reduced price by the value of a two -bedroom condo. Councilor Thuon agreed to put a deed restriction on one of those units and said he prefers to have a new unit added in the Town's home stock instead of converting another one. Councilor Andrade agreed on having a new unit for deed restriction. Councilor Prince disagreed on reducing the price on the first sale as there is nothing preventing a future sale from going back up to market rate. He does not think that making a requirement for a multi -million -dollar deed restricted property makes sense, he said it would have more value taking a unit that is free market, and deed restricting that. Councilor Underwood moved to continue Employee Housing Mitigation Plan for McGrady Acres Subdivision to the March 22"d meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 5.5. WORK SESSION: AVON PARKING MANAGEMENT PLAN MOBILITY MANAGER EVA WILSON) Video Start Time: 03:01:20 The meeting was very behind schedule, so Town Manager Eric Heil suggested to move on to item 5.6. as the presenter Ruth Borne had been waiting for a long time. Video Start Time: 03:09:05 After item 5.6 was discussed, Town Manger Eric Heil suggested to move this item to the March 22"d agenda along with item 5.7. Council agreed on moving item 5.6 but wanted to discuss item 5.7 tonight. Councilor Prince suggested to schedule this item early in the agenda, so Mobility Manager Eva Wilson does not have to wait long at the next meeting. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.6. APPROVAL OF ASSIGNMENT AND ASSUMPTION OF RESTATED DEVELOPMENT AGREEMENT FOR LOT 3, MOUNTAIN VISTA (INTERIM TOWN ATTORNEY KARL HANLON) Video Start Time: 03:01:49 Interim Town Attorney Karl Hanlon introduced the topic and recommended to move on in this assignment. Ruth Borne was present in person and she explained Tract C is the vacant land between the Town Hall building and Sheraton Mountain Vista building. Councilor Underwood asked if there are any expiring or vested rights, which Ruth Borne said already expired. Town Manager Eric Heil explained that the 2016 restated Development Agreement addresses water rights, parking, employee housing mitigation, the recreational amenities fee, and other issues. He said that the proposed assignment and assumption is for all rights and obligations. Councilor Andrade moved to approve the Assignment and Assumption of Restated Development Agreement for Tract C from Points of Colorado, Inc., to Lot 3 Mountain Vista LLC. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.7. RESOLUTION 22-05: AMENDING RESOLUTION 20-17 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS (CULTURE, ARTS & SPECIAL EVENTS MANAGER DANITA DEMPSEY) Video Start Time: 03:11:05 Town Manager Eric Heil presented Resolution 22-05 for Council consideration. He explained that staff is recommending having only one food truck in location #1 by the park and to work with SUP Co concessionaire to have beverages and snacks to serve the beach area. Councilor Thuon said a food truck there would be a good idea and he is proactive for it and said it does not have to be an existing business and this will be enabling somebody that could not afford a restaurant to get into a new business. He supported Councilor's Hardy comments from the last meeting on doing it maybe once a month. He said that restaurants did well during COVID-19. Mayor Smith Hymes asked if food trucks will have to comply with packaging regulations, Town Manager Eric Heil confirmed they will. Councilor Prince was in support with having out-of-town businesses also, not only local. Mayor Pro Tern Phillips suggested to review this in a year, but said that as it is proposed tonight, which is more limited than what was presented the last time, she can get behind the limited number of stations, which is helpful that they are not directly in front of any restaurant. She said it is fine limiting it to the concessions at the SUP Co plus one food truck. Councilor Underwood clarified that the three summer locations will be one at the time and agreed with the SUP Co area. She said it is a good idea to have the winter location by the gondolas. Councilor Andrade agrees with the grab -and -go by the SUP Co area only. Mayor Smith Hymes called for public comments and Ruth Stanley commented by zoom. She said she is not sure why the Town would not do this if it will bring money to the Town, and that it would be nice to have a food truck at the park and on Sunset Live events. Councilor Hardy moved to approve Resolution 22-05 Establishing the Location and Maximum Number of Food Trucks removing the restriction that "...such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon". Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade voted no. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.8. APPROVAL OF 2021 AUDIT ENGAGEMENT LETTER WITH MCMAHAN AND ASSOCIATES, L.L.C., CERTIFIED PUBLIC ACCOUNTANTS (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 03:24:30 Town Manager Eric Heil explained this is as straight forward as it can be. Finance Director Scott Wright was present via zoom. Councilor Underwood clarified this is a one calendar year commitment. Councilor Prince moved to approve the audit engagement letter with McMahan and Associates, located in Avon, CO, for the 2021 calendar year independent audit. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF FEBRUARY 22, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 03:27:17 Councilor Underwood moved to approve the February 22, 2022 as presented. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 7. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:27:43 Councilor Underwood shared a piece of Avon pride, an Avon postcard from the Westin Riverfront, one of the Town's largest tax -paying entities. She said she is so grateful to people giving their all like Pedro Campos. Councilor Hardy supported that comment and added that he has such passion for this town. Councilor Thuon mentioned the community lost a great member, Gary Shimanowitz, one of the managers of Beaver Creek and that he will be missed. Mayor Smith Hymes said she and Town Manager Eric Heil went to the quarterly Climate Action Collaborative meeting, and they met with the new Colorado Parks and Wildlife person who covers District 8; they also went to the annual Colorado Ski Association and got updates, and said if anyone is interested, she will be happy to share the link to see that information. She asked how Councilors would feel about putting the Ukrainian flag up in sign of support, all members supported that idea. Town Manager Eric Heil suggested to display it for one month and come along with a press release to announce to the public the reason why and for how long. Mayor Pro Tern wanted to make sure to get one big enough and to start counting the month from the moment it is put up. 8. EXECUTIVE SESSION Video Start Time: 01:33:44 8.1. AN EXECUTIVE SESSION PURSUANT TO COLORADO REVISED STATUTE 24-6-402(4)(B) AND (E)(1) FOR A CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSES OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS AND FOR DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS SPECIFICALLY RELATING TO A REQUEST TO RECONSIDER WATER TAP FEES AND KAYAK CROSSING AFFORDABLE HOUSING. Mayor Smith Hymes requested a motion to proceed into Executive Session for the purpose outlined on the agenda. Mayor Pro Tem Phillips moved and Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. The time was 8:36 p.m. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO At the roll call, all members of Council were present in person. Also present were Town Manager Eric Heil, Interim Town Attorney Karl Hanlon, and Deputy Town Clerk Brenda Torres. The Executive Session started at 8:44 p.m. Councilor Prince left the meeting at 9:11 p.m. The Executive Session ended at 9:36 p.m. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:36 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: nI--- y %Z6 Brenda Torres, Deputy Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade