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TC Minutes 04-26-2022AVON REGULAR MEETING MINUTES TUESDAY APRIL 26, 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 Part One The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Pro Tern Phillips called the Council regular meeting to order at 5:02 p.m. A roll call was taken, and Council members present in person were RJ Andrade, Lindsay Hardy, Chico Thuon, and Scott Prince. Councilor Tamra Underwood and Mayor Smith Hymes were virtually present via Zoom. Also present in person were Planning Director Matt Pielsticker, Marketing and Communications Manager Liz Wood, 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: 00:00:55 Part One Town Manager Eric Heil requested to remove agenda item 7.5 under written reports as it is not a completed document and bring it back in the next meeting. Councilor Andrade moved to approve the agenda as amended. Councilor Hardy 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: 00:02:10 Part One Councilor Underwood disclosed again that she holds a short-term rental license for a guest suite that she operates in her home, relevant to agenda item 5.3. She clarified it is not a conflict of interest, but she wanted to make this disclosure. 4. PUBLIC COMMENT Video Start Time: 00:03:00 Part One Mayor Pro Tern Phillips 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: REGIONAL TRANSIT AUTHORITY (TOWN MANAGER ERIC HEIL AND CHIEF MOBILITY OFFICER EVA WILSON) Video Start Time: 00:03:41 Part One Town Manager Eric Heil presented an update on the Regional Transit Authority (RTA) formation effort. He explained that, as a statutory requirement, two public hearings must be held before it gets presented to the Colorado Department of Transportation, and that the proposal of the RTA agreement includes an IGA, a map that shows the boundaries, and the proposed funding. Councilor Underwood asked if the bus barn transit facility in Avon would be the only place that would be able to expand to accommodate for the RTA operations or if there are any other locations besides Avon. She proposed for the IGA that most actions, except for some of the major actions, for example, budget approval or putting something in the ballot, should be ruled by a majority of members who are in attendance at a quorum meeting. AVON REGULAR MEETING MINUTES TUESDAY APRIL 26, 2022 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Smith Hymes explained this has been discussed in the formation committee meetings, and the consensus of the group was as it is drafted in the IGA at this moment. Councilor Underwood suggested that at least one sentence saying members are required to attend the meetings should be in the IGA then. Mayor Pro Tern Phillips called for public comments and Kathleen Walsh, Avon resident, commented in person. She mentioned that she would like to see the biggest employers benefiting from this like Vail Resorts or the hospital to kick in some funding. She talked about school buses for high school, smaller buses, bus stop shelters and the schedules. Charlie Sherwood, Avon resident, commented via Zoom. He asked if the bike share program is part of this multi -modal service. Town Manager Eric Heil reminded Council that this is the first hearing, and no action is required tonight, and that the second hearing for the approval of the IGA by resolution is scheduled for the May 101h Council meeting. 5.2. APPOINTMENT OF PLANNING AND ZONING COMMISSION MEMBERS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:00:04 Part One Planning Director Matt Pielsticker presented and clarified there are four open seats, three of those are for 2-year term and one for 1-year term. He said that at the time he drafted the report, he recommended to downside the board from seven to five as they had only three applicants, but now that there are seven applicants, he requested to table that discussion and do four appointments tonight. Applicants interviewed via Zoom were Donna Lang and Tom Schaefer. Applicants interviewed in person were Kenneth Howell, Kevin Hyatt, and Bill Glaner. Applicants Olivia Cook and Jason DeKowzan were not present. Ballots were distributed to Councilors in the room and Councilors present virtually submitted their vote by texting Interim Town Attorney Karl Hanlon. Council members voted and Mayor Pro Tern Phillips thanked all the applicants and announced that the top three to get the 2-year term seats were Glaner, Hyatt, and Schaefer and Lang got the 1- year term seat. 5.3. FIRST READING ORD 22-08 ADOPTING SHORT TERM RENTALS LICENSES (TOWN MANAGER ERIC HEIL) Video Start Time: 00:00:00 Part Two Town Manager Eric Heil introduced the topic and said staff would like to get Council's input, get some revisions, and present the first reading in the first or second meeting in May; then allow two meetings before the second reading to allow public input and mail notices to all STIR license holders. He said November 1" would be a good effective date. Town Planner Morgan presented a PPT presentation with a recap of the last meeting's discussion, existing regulations, current licenses statistics, proposed revisions, process and schedules, fee structure, and other policy considerations that are not included in the ordinance. AVON REGULAR MEETING MINUTES TUESDAY APRIL 26, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Town Manager Eric Heil mentioned that staff needs more time to discuss how to address complaints with other departments involved as there are many layers to consider and to see what other communities are doing. Councilor Underwood said November 1st is late as it is too close to the ski season, budget, and elections; she proposed implementation date of September 15Y. Councilor Prince wants notices to be sent out even before the first reading. Mayor Pro Tern Phillips wanted to add $500 to the fee structure for RO-STR and said the maximum occupancy should be as follows: 1-bedroom: 4 people; 2-bedroom: 6 people; 3-bedroom: 10 people; and 4-bedroom or larger: 2 people/bedroom +4. Mayor Pro Tern Phillips called for public comments and Jeff O'Brien, Eagle resident, commented in person. He agreed with Town Manager Eric Heil's comment that there are many layers of details as there are many different situations. He is in favor of the professional management as we all represent the community, and expressed it looks terrible when places are not well managed. He said paying business license per rental unit is fair. Graham Frank, Edwards resident, commented in person. He said that, as developer, he supports the comment above about having a license per unit. He recommended to continue the approach staff is getting such the great data that has been presented tonight. No virtual comments were made. This was handled as a work session, not as the first reading. No action was taken tonight. Council provided several suggestions and agreed with staff to present the first reading on the May 241n Council meeting. 5.4. FIRST READING ORD 22-09 AMENDING THE SHORT-TERM RENTAL OVERLAY DISTRICT AND CREATING A RESIDENT OCCUPIED SHORT TERM RENTAL OVERLAY DISTRICT SENIOR PLANNER JENA SKINNER) Video Start Time: 01:21:21 Part Two Senior Planner Jena Skinner presented the zoning overlay district modifications. Councilor Thuon asked if existing licenses will be grandfathered. She confirmed and said it has been incorporated in the ordinance and clarified the ability of having a license is grandfathered but the rate will not, and licensees might fit better the new program and switch. Town Manager Eric Heil suggested Council to direct staff tonight to be the applicant and prepare the full application for the zoning changing code text amendment, present to the Planning and Zoning Commission, do the mail notices to all these property owners and to not have the first reading of the ordinance until PZC has done their hearings and provide their recommendations back to Council. Councilor Prince asked what would happen if for example a minority member of an LLC ownership transfers. Councilor Andrade said he would like to see an option at least without any zoning changes, just license changes and a certain number of each as he does not support the difference of the zoning. Mayor Pro Tern Phillips and Councilor Prince supported his comment. She said she is interested in learning about what would be the appropriate caps, but she wants to make sure that RO-STR do not have a cap as this probably is the best interest of the Town. She believes AVON REGULAR MEETING MINUTES TUESDAY APRIL 26, 2022 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO this map is not ready to be sent to the PZC and she is fine if the overlay takes a little longer as the fee structure will be moving quicker. She is also in support of exploring the right starting date. Councilor Thuon suggested to pay locals to not do short -terms and do long -terms instead and let's see how it works. Councilor Hardy does not agree as she thinks that paying people is putting the Town's money in the wrong hands. She expressed that her concern with drawing a cap is that the number will have to go up and up every time a new development builds a short-term rental. She said she believes in a diverse community and that the Town is desperately in need of workers and professionals but there are no options for these people to where to live in the town they work, pushing them to live down valley, which is not good for the Town's green initiative either. Councilor Underwood asked about The Aspens area and why it is not within the pink area in the overlay map. Mayor Smith Hymes said the point in not to capitalize the short-term rental but help people to afford their rent or mortgage. Mayor Pro Tern Phillips called for public comments and no public comments were made. Mayor Pro Tern Phillips said that the information coming from Ordinance 22-08 in four weeks will help to have a clear vision on how and what mitigate within the existing short-term rental overlay district and then perhaps have something to review and refer to the PZC for review. 5.5. PUBLIC HEARING: SECOND READING ORD 22-05 SPEED LIMIT FOR OFF HIGHWAY VEHICLES (OHV) IN THE WILDRIDGE SUBDIVISION POLICE CHIEF GREG DALY) Video Start Time: 02:06:48 Part Two Chief Daly presented and said the 15 mph was adopted based on the Town of Eagle's ordinance and that per a discussion with Chief Staufer, Town of Eagle has experienced similar issues with their 15 mph limit and they are also reviewing their ordinance. He said that more radar signs will be installed. Councilor Prince is not in favor of adding more illuminated speed signs as he thinks they are not effective, and he supports the dark sky. Mayor Smith Hymes supported his comment. Councilor Thuon suggested to be turn-off at dusk. Chief Daly said he will do some research on this. Mayor Pro Tem Phillips called for public comments and no public comments were made. 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 on second and final reading. Councilor Prince seconded that motion and the motion passed with a vote of 7 to 0. 5.6. PUBLIC HEARING: SECOND READING ORD 22-06 EXTENSION OF RENEWABLE ENERGY TAX CREDIT (TOWN MANAGER ERIC HEIL) Video Start Time: 02:14:58 Part Two Town Manager Eric Heil presented and recognized that the third "whereas" had an incomplete thought, but it has been updated. Mayor Pro Tern Phillips called for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY APRIL 26, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Thuon moved to approve Ordinance 22-06 Amending Section 3.08.037 to Extend a Temporary Sales Tax Credit for the Installation of Renewable Energy Production Components. Councilor Underwood seconded that motion and the motion passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF APRIL 12, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:17:00 Part Two Councilor Underwood made an edit on the last paragraph of item 5.6. to read "Town Manager Eric Heil said the fee structure will be a separate ordinance from the zoning map." Councilor Thuon moved to approve the April 12, 2022 as amended. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent that meeting and did not vote. 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. 1st Quarter RETT Report (Finance Manager Joel McCracken) 7.3. E-Bike Share (Chief Mobility Officer Eva Wilson) 7.4. Colorado Child Care Stabilization Grant (Recreation Director Michael Labagh) 7.5. First Quarter Update en Department Goals (T-E) R nn-,R- geF EFie Heel) 7.6. iMi Casa Avon! Update (Intern Emily Myler) 7.7. Quarterly Update on E-Bike Incentive Program (Communications Manager Liz Wood) 7.8. April 19, 2022 Planning and Zoning Commission Meeting Abstract (Planner 1+ Max Morgan) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:19:15 Part Two Councilor Thuon commented that he drives by the underpass of 1-70 and the lights are always on and requested the Town consider how to limit the energy waste. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:16 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. AVON REGULAR MEETING MINUTES TUESDAY APRIL 26, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO RESPECTFULLY SUBMITTED: roq Brenda Torres, Deputy Town Clerk APPROVED: Amy Phillips Sarah Smith H� Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy R1 Andrade