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TC Minutes 02-22-2022AVON REGULAR MEETING MINUTES avon TUESDAY FEBRUARY 22, 2022 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, and Tamra Underwood. Councilor Chico Thuon was present via Zoom. Also present were Planning Director Matt Pielsticker, Engineering Manager Justin Hildreth, Detective Alan Hernandez, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:28 Councilor Underwood moved to approve the agenda as presented. Councilor Prince 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: 00:00:56 Councilor Andrade asked Interim Town Attorney Karl Hanlon about the food trucks item in the agenda tonight. He disclosed that he has a financial interest in a local restaurant in town and although that restaurant has no food truck nor any plans to operate a food truck that could always change in the future. Interim Town Attorney Karl Hanlon confirmed there is no current conflict of interest of his participation in agenda item 5.9. 4. PUBLIC COMMENT Video Start Time: 00:01:43 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. PROCLAMATION: ONE BOOK ONE VALLEY (OBOV) 2022 (LORI A. BARNES, DIRECTOR OF LIBRARY SERVICES FOR TOWN OF VAIL) Video Start Time: 00:02:27 Lori Barnes, Director of Library Services for the Vail Library, presented this year's book for the One Book One Valley program "Tallgrass" by Sandra Dallas. Mayor Smith Hymes referred anyone interested to the website onebookonevalley.com to learn more about this program. She then read the proclamation into the record and Lori Barnes took some photos with Council. 5.2. MUD FLOW FUTURE MITIGATION ACTIONS (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:11:22 Interim Town Attorney Karl Hanlon expressed that Council received a confidential memo from him outlining some potential litigation issues related to this agenda item. He advised Council to stay out of discussions of causes, responsibilities, etc. AVON REGULAR MEETING MINUTES Avon TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Engineering Manager Justin Hildreth provided a brief update on the status of research and analysis of the events in July 2021. Town Manager Eric Heil confirmed that staff will bring back a report on drainage maintenance in one of the March meetings. Councilor Hardy suggested to educate residents on mitigation factors to help them in the future. Mayor Pro Tem Phillips supported her comment. Mayor Smith Hymes called for public comments and Josh Hall, an Avon Resident since 1998, commented in person. He said that his home has been destroyed and rebuilt twice. He was present as a homeowner to proactively find out what happened. He would like to know exactly what TetraTech is doing and when he can expect more information and what mitigation actions are being taken. He urged Council to stay on top of this. Town Manager Eric Heil said that the report will be shared with all property owners and the HOA in that area as soon as it is ready and available. He mentioned that this is an active plan, and that Engineering Manager Justin Hildreth is looking for a potential federal grant funds. Mayor Smith Hymes suggested this information to be posted on the website as well. 5.3. FIRST 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: 00:26:46 Town Prosecutor Elizabeth Pierce -Durance presented Ordinance 22-02 and she explained the two changes suggested to be changed, first to amend Sec 9.12.080(c)(3) to include "special events" along with "private events" and the second is to eliminate the words "bring and" on Sec 9.12.080(c)(4) to avoid confusion whether the source of publicly consumed alcohol matters. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve on First 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. 5.4. RESOLUTION 22-03 APPROVING 2022 SPECIAL EVENTS Video Start Time: 00:30:51 CASE Manager Danita Dempsey presented Resolution 22-03 and answered Council questions about which events fall inside and outside parameters for administrative approval. Mayor Smith Hymes and Town Manager Eric Heil clarified that the Town Clerk will administratively approve the alcohol permits and CASE Manager Danita Dempsey will approve the sound permits. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve Resolution 22-03 Approving 2022 Special Events. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 A n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.5. SWIFT GULCH HOUSING PROJECT: CONCEPT PLAN PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:34:22 Town Manager Eric Heil mentioned that four Council members and staff had a sidewalk tour today and said that at this level it is just a concept plan. He said he feels confident that option 1C of 3 buildings and potential 45 units is the best configuration. Planning Director Matt Pielsticker took Council through a PPT presentation and introduced Patrick Rawley and Erica Golden with the Design team, who were present in person. He explained this is a review of the concept plan and no action by Council is needed this evening. Councilor Hardy said she, Councilor Andrade and Mayor Pro Tern Phillips have been attending the design meetings and said she feels very comfortable and excited on how the process is going. Councilor Underwood asked about the units for rent and who the tenants would be. Town Manager Eric Heil responded that the priority will be to Town of Avon full-time employees, then part-time employees, and if any vacancy, then other agencies transit system staff. Councilor Thuon left the meeting at 5:52 p.m. Mayor Smith Hymes called for public comments and Jena Skinner, Minturn resident, commented. She talked about the lighting and how excited she is about joining the Town as a senior planner in the Community Development team next week. Town Manager Eric Heil said more design meetings and work sessions will follow in this process. 5.6. WORK SESSION: UPDATE ON THE REGIONAL TRANSIT AUTHORITY (TOWN MANAGER ERIC HEIL) Video Start Time: 01:00:06 Town Manager Eric Heil provided an update on the RTA formation and an overview of actions, goals, timelines, and the adoption process. He mentioned the first transit meeting was back in January 2020 in Beaver Creek, but with the pandemic this was put on pause. Council discussed the RTA Service Goals for Avon, split between primary and secondary goals. Council thanked Town Manager Eric Heil for taking the lead on the formation of the RTA and this important asset. Mayor Pro Tern Phillips mentioned that one of the things EGE Air Alliance is focused on is getting more connectivity particularly over the summer, which was accomplished by the addition of more new flights, providing services that residents would use. Councilor Andrade asked if Avon would be able to change anything without the approval of the Authority. Councilor Prince asked what the negative impact to the Town's budget is as the in - town service would still be maintained. Town Manager Eric Heil answered to both questions saying nothing of this would affect current Avon's transit system or budget. He said this is intended to be intra-jurisdictional. Councilor Prince asked to educate and inform the voters. Councilor Underwood mentioned that on her opinion, the First and Last Mile Improvements goal should be moved up from secondary to primary goals as it is more or as important as the EGE Air Alliance goal. Town Manager Eric Heil said that the intent is to do all of those goals. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Smith Hymes said that there are residents who would not ride the bus but would absolutely like to fly out of EGE airport. Mayor Pro Tern Phillips said that enhancing the park - and -ride options would be very helpful, specifically the location in Minturn. Councilor Hardy said that making this free would make it easier for people to make the right choices whether be climate action goals, personal decisions on getting behind the wheel, etc., and that this is a very valuable asset for the community to have in the future. She agreed with Councilor Prince's comments to educate the public on this issue. Councilor Andrade suggested to not call it "free transit" when it is not free. Mayor Smith Hymes called for public comments and no public comments were made. 5.7. RESOLUTION 22-02: EXTENDING THE HEALTH & RECREATION COMMITTEE (RECREATION DIRECTOR MICHAEL LABAGH) Video Start Time: 01:59:19 Recreation Director Michael Labagh presented Resolution 22-02 and expressed this resolution is presented tonight based on Council direction at the February 8th Council meeting. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips moved to approve Resolution 22-02 Extending Resolution 19-16 Approving an Ad Hoc Health and Recreation Committee. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.8. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-03 AMENDING AVON MUNICIPAL CODE SECTION 15.08.160 REGARDING GRADING (TOWN ATTORNEY KARL HANLON) Video Start Time: 02:01:27 Interim Town Attorney Karl Hanlon expressed staff would like to continue this to the second meeting in March as a public comment was received. Town Manager Eric Heil explained that Traer Creek sent a letter to request more time to look into this and how it might impact their future plans and that as a courtesy it is appropriate to extend it to the March 22"d meeting as it is not holding up any current projects. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips moved to continue the second reading of Ordinance 22-03 Amending Section 15.08.160 of the Avon Municipal Code to Prohibit the Issuance of a Grading Permit Without the Contemporaneous Issuance of a Building Permit to the second meeting in March which is on March 22"d Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.9. 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: 02:05:37 CASE Manager Danita Dempsey presented Resolution 22-05 for Council consideration. She explained this is a small amendment to the current resolution which would allow for food purveyors from AVON REGULAR MEETING MINUTES Avon TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO outside of Avon to offer food truck services in town on Town -owned property in designated locations approved by the Town Manager. She clarified that this resolution is separate from Special Events. Councilor Andrade, Councilor Underwood and Mayor Pro Tern Phillips were not supportive to open this opportunity up to businesses outside Avon and expressed they wanted to support the brick -and - mortar establishments that operate year-round, including off seasons, and did not want to add competition. Councilor Hardy, Councilor Prince and Mayor Smith Hymes were supportive to give this a try for two years and to then re -assess, they liked the idea that this could add vibrancy and offer another option for quick and easy grab -and -go that does not necessarily compete with a sit-down lunch at a local restaurant. Mayor Pro Tem Phillips expressed she may reconsider in one year once restaurants have had more time to recover from COVID-19. Councilor Hardy suggested to consider allowing the food trucks maybe once a month or so. Mayor Smith Hymes expressed that in terms of permitted locations, she would not like to see them take up parking spaces and would not like to see them near a brick -and -mortar Avon restaurant. Town Manager Eric Heil suggested to continue this to a future meeting so that councilor Thuon could be present as there is a clear 3/3 split among Council. Council agreed and no motion was needed. Staff will present some ideas to Council. Mayor Smith Hymes called for public comments and no public comments were made. 5.10. APPOINTMENT OF TOWN MANAGER ERIC HEIL TO THE HOUSING NON-PROFIT BOARDS (TOWN MANAGER ERIC HEIL) Video Start Time: 02:34:21 Town Manager Eric Heil explained that Mayor Smith Hymes does not want to resign but will do so as it is in the best interest of the Town. Mayor Smith Hymes mentioned that she is currently sitting in the citizen seat which Councilor Underwood held for many years before coming to Council and became Avon's official appointed representative. With this appointment, Councilor Underwood will resume her citizen seat so that the Town Manager can take Avon's appointed seat. Councilor Hardy moved to appoint Town Manager Eric Heil as the representative of the Town of Avon on the Board of Directors for the Eaglebend Affordable Housing Corporation, Buffalo Ridge Affordable Housing Corporation and Eaglebend Dowd Affordable Housing Corporation. Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.11. WORK SESSION: 2022 DEPARTMENT GOALS (TOWN MANAGER ERIC HEIL) Video Start Time: 02:36:35 Town Manager Eric Heil took Council through the revised and updated 2022 department goals department by department. Council provided comments and directions, including: AVON REGULAR MEETING MINUTES Avon TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO General Government: Mayor Smith Hymes expressed she fully recognizes our staffing challenges but wants the climate action items for all departments to be a tier 1 priority. She would like the visioning process to be a tier 2 goal and tackled in 2023. She offered to personally manage goal #18. Councilor Hardy and Mayor Pro Tern Phillips agreed that the climate action goals should be in the top of tier 2 priorities. Finance, Human Resources, Community Development, Recreation, Police, Engineering, Public Operations: No comments. Mobility: Councilor Underwood commented on the signs on Hurd Lane and the sign for no left turns out of Riverfront Lane and to get this addressed soon. Fleet: No comments. Town Manager Eric Heil expressed that as a solution the Town could redefine the grants administer role/position to a climate action/sustainability coordinator role. He said that position would still apply for grants but could focus on moving the needle with these goals. Mayor Smith Hymes acknowledged that Mobility Director Eva Wilson does an amazing job with grant writing for the Mobility Department. Town Manager Eric Heil acknowledged that she does and pointed out that Avon PD is also successful in applying and administering for many grants. 6. MINUTES 6.1. APPROVAL OF FEBRUARY 8, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:57:52 Councilor Underwood moved to approve the February 8, 2022 as presented. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 7. WRITTEN REPORTS 7.1. February 15, 2022 PZC Meeting Abstract (Planning Director Matt Pielsticker) 7.2. Financial Report (Finance Manager Joel McCracken) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:58:28 Mayor Smith Hymes expressed she and Mayor Pro Tern Phillips attended a meeting arranged by Senator Michael Bennet's Office to talk about issues with the US Postal Service. She said the meeting was attended by representatives from many mountain town communities and they discussed challenges with COVID-19, housing, staffing/hiring, etc. She was informed there is a handout for residents on "how to address" their parcels, however this explanation is not allowed to be posted inside the post office, but they promised they will put notices in everyone's PO Boxes. She said there was a space constraints study and the results showed Avon's post office has no space constraints. She was informed that if someone has a customer concern, to contact USPS and log the complaint online and to not contact the local postmaster and that according to another USPS study, there are an ample number of PO Boxes available in Avon. AVON REGULAR MEETING MINUTES avon TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Smith Hymes and Mayor Pro Tern Phillips brough forth communications with the local post office, pushing for home delivery options, the terrible delays, and refusing service to cluster boxes and the impacts to local businesses with lost mail. Mayor Pro Tern Phillips asked Town Manager Eric Heil to please check with Community Development Department if the Piedmont ever requested cluster boxes or if she misremembered. Mayor Smith Hymes expressed she parked at the bottom of Road 779 last week to go walk the dogs and said the signs are very confusing and asked if the new signs are up yet. She closed her comments saying there are containers, but no dog waste bags dispensers, and suggested to install a sign to read "please clean up after your pet" at the trailhead. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:12 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, Deputy Town Clerk APPROVED: r Sarah Smith Hymes Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade