TC Minutes 12-14-2021AVON REGULAR MEETING MINUTES Avon
TUESDAY DECEMBER 14, 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 5:02 p.m. A roll call was taken, and Council
members present in person were Amy Phillips, Scott Prince, RJ Andrade, Chico Thuon, Lindsay Hardy, and
Tamra Underwood. Also present were Planning Director Matt Pielsticker, Chief of Police Greg Daly,
Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Intern Emily Myler,
and Town Clerk Brenda Torres.
EXECUTIVE SESSION PURSUANT TO CRS 24-6-402(4)(B) AND (E) TO RECEIVE LEGAL ADVICE ON SPECIFIC LEGAL ISSUES AND
TO DEVELOP STRATEGY FOR NEGOTIATIONS AND INSTRUCT NEGOTIATORS RELATED TO THE LEGACY MOUNTAIN
DEVELOPMENT TRACT Y FUNDING COMMITMENT AND TERMS OF FUNDING INTERIM TOWN ATTORNEY KARL HANLON)
Mayor Smith Hymes called the meeting to order at 4:00 p.m. All members of Council were present in -
person in the Mount Holy Cross meeting room. Also present in person were Town Manager Eric Heil,
Interim Town Attorney Karl Hanlon, and Town Clerk Brenda Torres. Mayor Pro Tern moved to proceed
into Executive Session for the purpose outlined on the agenda. Councilor Andrade seconded the motion
and the motion passed with a vote of 7 to 0.
The Executive Session started at 4:00 p.m.
The Executive Session ended at 4:50 p.m.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:30
Councilor Prince pulled agenda item 7.6 E-bike incentive program. Mayor Smith Hymes moved it to be
discussed after item 5.3.
Councilor Underwood moved to approve the agenda as amended. 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: 00:01:23
For agenda item 5.3, Consideration of Professional Service Agreement for Zehren and Associates Design
Work for East Nottingham Park Restroom, Concession and Park Improvements, Councilor Hardy
disclosed that she works for Zehren and Associates. Mayor Smith Hymes said Council has discussed this
disclosure before, therefore no motion to recuse Councilor Hardy is needed tonight.
4. PUBLIC COMMENT
Video Start Time: 00:01:44
Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via
Zoom. She also 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.
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 14, 2021 Avon
SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
5. BUSINESS ITEMS
5.1. RESOLUTION NO. 21-23 APPROVING TAX AND FEE WAIVERS FOR COMMUNITY HOUSING DEVELOPMENT ON TRACT Y
(TOWN MANAGER ERIC HEIL)
Video Start Time: 00:02:30
Town Manager Eric Heil presented and mentioned that materials are included in the packet
following the discussion from the November 161h meeting and expressed that he would like this
item to be treated as a work session to define more details. He said he is proposing taking out
the reference of Mi Casa in the deed restriction and mentioned that in the materials added
there is a pledge of $1.7 million over 52-54 units being approximately 1/3rd with the
expectation of Avon pursuing partnerships with Town of Vail and Eagle County to secure pledges
for the other 2/3rds of funding. He also mentioned having a development agreement to specify
more details. Developers with Legacy Mountain Development joined the meeting.
Councilor Underwood proposed to call this "Mi Casa on Track Y" and adopt basically everything
within the Mi Casa program. She went through some details that she suggested adding in the
development agreement such as timeframes, HCAs, price cap, and other details she will pass
to the Interim Town Attorney Karl Hanlon.
Councilor Thuon thanked the Developers and talked about affordability.
Councilor Andrade expressed that he is less concerned about the price as he trusts the free market
will set it, but his main question is whether Legacy Mountain Development has a plan B if Council
does not agree and says no.
Councilor Prince talked about a scenario using Mi Casa guidelines and the definition of Eagle County
employee.
Councilor Hardy said she prefers phasing and that she would not like to see anything above $1
million. She asked to give priority to Avon residents but also Avon workers living in another area of
the valley. She encouraged the developers to add diversification in price points on 2, 3 and 4
bedroom units.
Mayor Smith Himes asked about the infrastructure and inquired about the water rights. Town
Manager Eric Heil said he will come back with the details.
Mayor Pro Tern Phillips requested that for the next meeting in January, this Resolution will
address issues such as the tax waiver fees, the Town's financial commitment into infrastructure,
and include a different document as the development agreement that will take care of all the
other details including the deed restriction.
Council thanked developer Steve MacDonald for bringing this project into Town.
Mayor Smith Hymes called for public comments and no public comments were made.
AVON REGULAR MEETING MINUTES
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TUESDAY DECEMBER 14, 2021
SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
This item will be presented in the agenda of January 111h, 2022. This item was handled as a work
session and no motion was made.
5.2. PUBLIC HEARING FOR THE ADOPTION OF THE 2021 FINAL REVISED BUDGETS, 2022 OPERATING BUDGET, 2022
CAPITAL PROJECTS FUND BUDGET & LONG-RANGE CAPITAL PROGRAM AND TAX LEVIES (FINANCE DIRECTOR SCOTT
WRIGHT)
Video Start Time: 00:50:44
Finance Director Scott Wright introduced the topic and said changes made to the final revised
budgets since the budget retreat in October are included in resolutions 21-25 and 21-26. Town
Manager Eric Heil mentioned the new items added to the 2022 proposed budgets since the
budget retreat, including a Planner I/Climate Action Administrator position under Community
Development department budget, an Operator II position under Public Operations budget, and
leadership team training under Human Resources department budget. Finance Director Scott
Wright presented the snowplow replacement schedule. Councilor Underwood asked about the
EV chargers. Town Manager Eric Heil said he will meet with Mobility Director Eva Wilson to
collect data.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Thuon moved to approve Resolutions 21-25 through 21-30 as listed on the Town
Council meeting agenda for December 14, 2021, adopting the final revised 2021 operating funds
and capital projects fund budgets, adopting the proposed 2022 operating funds and capital
projects fund budgets and long-range capital improvements program, and levying property
taxes for the Avon General Improvement District No.1 and for Town of Avon general operation
purposes. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7
to 0.
RECESS to allow Avon Town Council to Convene as the Avon Urban Renewal Authority Board
Video Start Time: 01:18:32
Mayor Smith Hymes moved to recess the Regular Town Council Meeting to convene as the Avon Urban
Renewal Authority and call to order the URA meeting.
URA meeting started at 6:21 p.m. and ended at 6:32 p.m.
RECONVENE the Avon Town Council Meeting
Video Start Time: 01:29:30
5.3. CONSIDERATION OF PROFESSIONAL SERVICE AGREEMENT FOR ZEHREN AND ASSOCIATES DESIGN WORK FOR
EAST NOTTINGHAM PARK RESTROOM, CONCESSION AND PARK IMPROVEMENTS (TOWN ENGINEER JUSTIN
HILDRETH)
Video Start Time: 01:29:39
Councilor Hardy was recused and left the room at 6:32 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 14, 2021 Avon
SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
Town Engineer Justin Hildreth presented this agreement to design the East Nottingham Park
improvements, at the former Town Hall site, which includes restrooms to accommodate events up
to 3,000 people, concession stands, picnic area, retaining walls, special event support facilities, and
utilities.
Councilor Underwood thanked him and his team for having the old TH project completed. Mayor
Smith Hymes expressed that this has been a long process and it is very exciting to see this place with
this project.
Mayor Pro Tem Phillips moved to approve the Professional Services Agreements with Zehren and
Associates to complete Architectural, Engineering, and Cost Estimating services for the Harry A.
Nottingham Park — East Park Improvements Project. Councilor Prince seconded the motion and
the motion passed with a vote of 6 to 0. Councilor Hardy recused.
Councilor Hardy returned to the room at 6:36 p.m.
5.4. MOVED ITEM: 7.6. E-BIKE INCENTIVE PROGRAM UPDATE (COMMUNICATIONS MANAGER LIZ WOOD)
Video Start Time: 01:33:42
Councilor Prince expressed his concern about the language in the program regarding keeping
the business local, countywide.
Councilor Andrade mentioned the safety education issue again, and he suggested perhaps
making a pamphlet with the rules and/or an educational video clip.
Town Manager Eric Heil said staff will present a list of all the departments' goals in January but
expressed how his hesitation is that there are too many details to produce the educational
video, such as who is going to do what, timeframes, support from High Five Access Media, etc.
and that the focus has been filling out the Town's vacancies.
He said this is an online submission, and the rebate rules are in the information packet that is
available on the website, however, he suggested the rules be added at the beginning of the
packet, not at the end.
6. MINUTES
6.1. APPROVAL OF NOVEMBER 16, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 01:44:35
Councilor Thuon moved to approve the minutes from the November 16th regular meeting as
presented. Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0.
Councilor Underwood abstained as she was not present in that meeting.
7. WRITTEN REPORTS
7.1. Planning and Zoning Commission December 7, 2021 Meeting Abstract (Planning Director Matt
Pielsticker)
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 14, 2021 Avon
SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
7.2. Draft November 161h Health & Recreation Committee Meeting Minutes (General Government
Intern Emily Myler)
7.3. Monthly Financials (Senior Accountant Joel McCracken)
7.4. Upper Eagle Regional Water Authority November 18, 2021 Meeting Summary (Mayor Smith
Hymes)
7.5. Eagle County Regional Transportation Authority November 10, 2021 Meeting Minutes (Mayor Pro
Tern Amy Phillips)
76 C_Rake Incentive DrOgram Update Manager Liz Weed)
7.7. Bang The Table Community Engagement Update (Communications Manager Liz Wood)
7.8. 2021 Election Results Update (Town Clerk Brenda Torres)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 01:33:44
Councilor Hardy asked Town Manager Eric Heil for an update on Short -Term Rental regulations and
licensing cap. He said he informed Council that more information on regulations and other projects will
be presented in the first 2022 quarter. She said that the Recreation Center sale message in the electronic
board is so obnoxious as it has been there for many days and encouraged staff to rotate messages. She
asked if when the snowplows plow all the snow into the sidewalks, either Avon's Public Works or the
County's staff plow the sidewalks. Mayor Pro Tern Phillips asked Town Manager Eric Heil if this would be
also part of HOAs' responsibilities. He said that this is a topic he will bring back to Council, but as of right
now, the Town clears the sidewalks. Councilor Hardy mentioned that the big dig is still moving forward
and suggested having a sign to inform the public what is going on. She said that the language about
lighting in our Town Code seems to be antiquated at this point and the Town needs to re-evaluate
specifications with developers. Town Manager Eric Heil said this is going to be a Community Development
Department 2022 goal.
Councilor Thuon said he hopes to see a pride flag next summer as it pleases a majority of our community.
He asked if there is a time limit for the art displayed in the roundabout. Town Manager Eric Heil said it
changes every year (end of May) and that there will be more detailed specifications regarding the
minimum size for the next piece.
Mayor Pro Tern passed along words from three members of the community who appreciated walking to
town from Nottingham Road without having snow plowed on their heads and she said although it was
an expensive project, it is working. Mayor Smith Hymes agreed and said she received a comment that
the Town should do the other side as well.
Councilor Andrade announced that today is his first anniversary in Council and thanked all and each of
his fellow Councilors for their support.
AVON REGULAR MEETING MINUTES
TUESDAY DECEMBER 14, 2021 Avon
SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 7:04 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.highfivemedic.org.
RESPECTFULLY SUBMITTED:
41)
Bre da Torres, Town Clerk
APPROVED:
Sarah Smith Hymes /
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade