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TC Minutes 04-12-2022AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 . v o n 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 Part One The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Liquor Authority meeting to order at 5:00 p.m. and the Council regular meeting to order at 5:08 p.m. A roll call was taken, and Council members present in person were Amy Phillips, RJ Andrade, Lindsay Hardy, Tamra Underwood, and Chico Thuon. Councilor Scott Prince was absent. Also present in person were Planning Director Matt Pielsticker, Recreation Director Michael Labagh, 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: 00:08:14 Part One Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:08:33 Part One Councilor Underwood disclosed she holds a short-term rental license for a guest suite that she operates and that is relevant to item 5.6. She also mentioned that for item 5.1, she mentioned she saw other members gave references to the applicants and when she was asked by some of those applicants to give references, but she said she could not do so as she would like to vote on their nomination, and said that, for future references, the best practice should be to not do it. 4. PUBLIC COMMENT Video Start Time: 00:12:15 Part One 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. Josh Hall, Avon Resident since 1998, commented in person. He talked about the flood mitigation and asked if they can request sandbags or any kind of barriers while recommendations get implemented. No virtual comments were made. S. BUSINESS ITEMS 5.1. HEALTH AND RECREATION COMMITTEE APPOINTMENTS (RECREATION DIRECTOR MICHAEL LABAGH) Video Start Time: 00:18:43 Part One Recreation Director Michael Labagh presented the four candidates for the five vacancies. Mayor Pro Tern suggested to appoint the four candidates first then talk to them for introductions and thank all of them. Mayor Pro Tern moved to appoint Nancy Tashman, Lisa Post, Kevin Hyatt and Jose Chavez to the Avon Health and Recreation Committee. Councilor Hardy seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Applicants Nancy, Kevin, and Jose were present in person and Lisa joined via Zoom. Applicants introduced themselves and answered questions from Council. 5.2. PUBLIC HEARING: ORD NO. 22-04 CONSOLIDATION OF GENERAL GOVERNMENT, HUMAN RESOURCES AND FINANCE DEPARTMENTS (TOWN MANAGER ERIC HEIL) Video Start Time: 00:33:35 Part One Town Manager Eric Heil presented and mentioned if this get approved tonight, he will work with staff to develop a page for each of these five departments, where hierarchies will be listed. Councilor Thuon thanked him and said he did a great job describing the chart/positions. Mayor Smith Hymes asked Town Manager Eric Heil if he expects to meet with department directors once a month as explained in the engagement diagram as she thinks they meet more often than that, and if he expects directors to attend/watch Council meetings. Mayor Pro Tern Phillips asked him if Leadership Team meetings will continue and requested him to add a note in the chart of who belongs to the Leadership Team. Town Manager Eric Heil confirmed. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips noted an error on the ordinance, Town Manager Eric Heil will update. Councilor Thuon moved to approve Ordinance 22-04 Amending Avon Municipal Code Section 2.02.010 — Departments Enumerated on second and final reading. Mayor Pro Tern Phillips seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.3. PRATER LANE LICENSE AGREEMENT AMENDMENT REQUEST (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:46:23 Part One Planning Director Matt Pielsticker presented and thanked Council for attending the walk site earlier today. He said this is time sensitive as the lease expires in October. He mentioned that since the last Council meeting, they had put a RFQ out to plan the program and design the extension. Council discussed about specifications in the agreement, the configuration of the space, and the square footage. Town Manager Eric Heil suggested to table this item to look at the site plan and get more information on the square footage. Mayor Smith Hymes called for public comments and no public comments were made. 5.4. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-03 AMENDING AVON MUNICIPAL CODE SECTION 15.08.160 REGARDING GRADING AND RESOLUTION 22-06 APPROVING FORM OF SECURITY AGREEMENT FOR GRADING PERMITS (TOWN ATTORNEY KARL HANLON) Video Start Time: 01:11:11 Part One Interim Town Attorney Karl Hanlon presented, he said since first reading changes were made to the ordinance to both meet the needs of the Town and the desire of the development community. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO He explained that the proposal in the first reading was that no grading permit shall be issued unless a Public Improvement Agreement is approved by Town Council, a Site Restoration Security Agreement and Grading Plan is approved by Town Council, or less than 100-cubic yards of material is excavated. He said that in terms of maintaining the workflow due to the delays of Council meetings twice or even once a month, the significant change was to remove the requirement that each Security Agreement needs to be approved by Council, and instead Council approve the form of agreement that is used similar to how other standard contracts are handled. The form of Security Agreement is presented as Resolution 22-06. Mayor Smith Hymes called for public comments and Sean Reynolds, Avon resident, commented in person. He said it might be worth having multiple tiers as that would be helpful on certain projects and would give them the freedom to work as needed. No virtual comments were made. Interim Town Attorney Karl Hanlon recommended to continue this item to the May 10th meeting. Councilor Underwood moved to continue second reading of Ordinance 22-04 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 and Resolution 22-06 Approving the Form of Security Agreement for Grading Permits to the May 10th meeting. Mayor Pro Tern Phillips seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.5. RESOLUTION 22-07 APPROVING TRACT Y DEVELOPMENT AGREEMENT TOWN MANAGER ERIC HEIL) Video Start Time: 01:33:11 Part One Town Manager Eric Heil presented and said the agreement would be for 10.5 years and that $600,000 would be appropriated to support the construction of six residential units and that would be included in the next budget amendment. He explained the water rights and said that Tract Y has now 5.7 SFEs allocated to the property. Greg Perkins, attorney of the applicants, and applicant Sean Reynolds were present in person and answered Council questions. Councilor Underwood asked about the completion date and tax and fee waivers. Councilor Thuon asked what price point is considered affordable housing. Mayor Smith Hymes said the Town has the Climate Action plan and building electrification has been identified as one of the critical areas where carbon -footprints can be reduced, and she wanted to point to this project as a model project for future developments in town complying with every possible green -house gas reduction measure. She asked if a traffic study would be needed. Mayor Pro Tern Phillips said this area would be an opportunity to perhaps have solar panels and that the Town could co -support with the development a federal grant funding as this would meet the Town's goals and it would help to reduce the living costs for the future homeowners. Town Manager Eric Heil suggested to table this item. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tem Phillips moved to table Resolution 22-07 Approving a Development Agreement with Legacy Mountain Development, LLC, for Approximately 52 Community Housing Units at Tract Y and table the Approval of the Tax and Fee Waivers Pursuant to Chapter 3.14 of the Avon Municipal Code. Councilor Thuon seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.6. WORK SESSION: SHORT-TERM RENTALS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:00:01 Part Two Planning Director Matt Pielsticker introduced the new Town Planner Max Morgan, who presented a PPT with short-term rental data, regulations, and restrictions; licensing fees were also discussed. Councilor Hardy reiterated that she is the only non -homeowner in Council, and she has seen the struggles of the housing crisis firsthand. She expressed that people moving down valley and having to drive to Vail or Beaver Creek to work is not meeting the Town's green initiatives and they are not having the community feeling. She said for her short-term rentals are the housing crisis and that she is in favor of putting a moratorium until Council decides what to do next and new constructions are made from any other entities. Councilor Andrade said he did some research on other towns and said they are all doing different things, but nothing seems to be working, some towns did put a moratorium, but Glenwood Springs caught his attention. Councilor Thuon said he wants to know causes and effects and that he is not positive on a year moratorium, but maybe on a six-month moratorium and handle it very quickly. Mayor Pro Tem Phillips asked if it would be possible to do limits type by type, meaning having a certain number of owner -occupied units and a certain number of licenses for owner -occupied units, and a different number of units that do short-term rentals certain number of days a year. Interim Town Attorney Karl Hanlon said it is possible. Councilor Underwood expressed she is not sure that the moratorium would be the answer and proposed to cap short-term rentals licenses and asked for an ordinance for that effect for the next meeting. Council discussed the tiers of the maps presented. Councilor Underwood proposed to staff to present an ordinance at the next meeting of April 26th to take the orange parts which are zoning of the overlay map to the two -tiered overlap map pink zone (tier 2) to be only owner- occupied after 30 days after the second reading, and the rest to be grandfathered. Mayor Smith Hymes asked if the same can be applied to the PUDs. Town Manager Eric Heil said the fee structure will be a separate ordinance from the zoning map. Both will be presented on April 26th 5.7. NORTHSIDE KITCHEN LICENSE AGREEMENT EXTENSION (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:18:40 Part Two Planning Director Matt Pielsticker presented and said the improvements include paved parking, landscaping, and a dumpster enclosure and that the agreement is set to expire in May, and the extension requests an additional five-year time period. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Smith Hymes would like to address the water rights and landscaping and asked to add some provisions. Town Manager Eric Heil suggested to add landscaping needs to comply with the Town's directions. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips moved to approve the Encroachment Agreement extension for Northside Coffee and Kitchen with the modification regarding the landscaping being at the discretion of the Town. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.8. ORDINANCE 22-05 OFFROAD HIGHWAY VEHICLE SPEED LIMIT (POLICE CHIEF GREG DALY) Video Start Time: 01:27:25 Part Two Chief Daly presented and said the 15 mph was adopted based on Eagle and Gypsum's ordinances at that time and the suggestion tonight is to increase the speeding from 15 mph to 25 mph. Councilor Underwood clarified HOVs are allowed to be operated by any licensed person as long as they are older than 10 years old with an adult and asked Chief Daly if he has any concern about a 10- year-old going now at 25 mph. He answered that no because they will be with their parents and the parents will be responsible that the child goes at that speed. Councilor Andrade asked Chief Daly what his experience with the speed enforcement is. Chief Daly said they intend to have as much presence as possible to remark the speed and the stop signs, and that they have had only a few complaints that specifically live near the 779 Road entrance. Councilor Thuon suggested to add more signs. Mayor Smith Hymes called for public comments and Jack Gardner, Avon resident, commented via Zoom. He said he previously sent his comment via email and suggested the Police Department to enforce the speed more consistently by installing several more radar speed monitors as most vehicles go over 25 mph. Councilor Thuon moved to approve Ordinance 22-05 Amending the Avon Municipal Code to Establish the Speed Limit for Off -Highway Vehicles on Wildridge Roads as 25 Miles Per Hour. Councilor Hardy seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.9. ORD 22-06 EXTENSION OF RENEWABLE ENERGY TAX CREDIT (TOWN MANAGER ERIC HEIL) Video Start Time: 01:40:23 Part Two Town Manager Eric Heil presented and said this is another extension of the Renewable Energy Tax Credit for another three years and that this still meets the Town's Climate Action goals. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Hardy moved to approve Ordinance 22-06 Amending Section 3.08.037 of the Avon Municipal Code to Extend a Temporary Sales Tax Credit for the Installation of Renewable Energy Production Components. Councilor Thuon seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. AVON REGULAR MEETING MINUTES Avon TUESDAY APRIL 12, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.10. CIP UPDATE PRESENTATION (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:42:18 Part Two Town Engineer Justin Hildreth presented a PPT with a Capital Improvement Plan update on different projects including the Recreation Center, Harry A. Nottingham Park, street improvements, electrical vehicle chargers, and additional or recently discussed projects. Councilor Thuon talked the road between City Market and Walmart. He said it is a black eye for the Town as a section of that road gets ripped out and requested to be repaired. He commented about the two signs at Mountain Vista Park, both say "future development" and asked if the public is informed that they are for the siren, and that the one on Wildridge Road the residents say the property is owned by the Town, but it is an open space and it will be developed into a buildable lot, but he wants to know what the truth is. Town Engineer Justin Hildreth said that there are four signs for the sirens and that the contact information to reach out to the Community Development Department with any questions is in the signs. Councilor Underwood asked if there is anything the Town can do now regarding the flood issue on the corridor, understanding CDOT is not going to do anything. Town Engineer Justin Hildreth responded yes, that he met with the HOA last week to discuss this. Mayor Pro Tem Phillips clarified that after the flood last year, those areas have been cleaned out, even no improvements have been made yet, but some of the drainage areas have been restored to a better state than they were before the flood. Town Engineer Justin Hildreth said that another drainage on Nottingham Road will be repaired this summer. 6. MINUTES 6.1. APPROVAL OF MARCH 22, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:05:08 Part Two On item 5.3 Councilor Hardy changed the word "staircase" to "unit". Councilor Andrade moved to approve the March 22, 2022 as amended. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 7. WRITTEN REPORTS 7.1. Idling Policy for Town Vehicles (Sustainability Coordinator Charlotte Lin) 7.2. Art -Around -Avon Update (CASE Director Danita Dempsey) 7.3. Health and Recreation Committee Minutes 7.4. Avon Planning and Zoning Commission Abstract 7.5. United States Postal Service Meeting Update (Council member Amy Phillips) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:06:27 Part Two Councilor Andrade said that CASE Manager Danita Dempsey's report, item 7.2, is awesome and encouraged the public to read it. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 neon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tern Phillips said she met with the Eagle Air Alliance and said that we will not be seeing the Chicago or Atlanta flights coming back this summer, but they will still maintain the year-round service to Denver and Dallas, and they are still trying to find some additional summer flights. She announced there will be a $100 certificate incentive program available in late August. She said if anyone has questions or comments on her USPS report just let her know. Councilor Hardy talked about signs and parking funds. She said she unfortunately witnessed a pedestrian accident in front of Vin 48 and talked about safety in the roundabouts as this town is more walkable, but it is not necessarily safer. She thanked her fellow Council members for listening at her and considering her input. Mayor Smith Hymes talked about the elections for four open director seats for the ERWSD and encouraged people to vote. She said if someone is not available to vote in person on May 3d, please visit www.ERWSD.org to request an absentee ballot by email before April 261h. She said she testified for housing funds and climate action items. She thanked CCFCA and CAST for getting all this organized. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:15 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, Deputy Town Clerk APPROVED: r Sarah Smith Hymes Amy Phillips Chico Thuon Tamra Underwood Lindsay Hardy RJ Andrade