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TC Minutes 05-24-2022AVON REGULAR MEETING MINUTES Avon TUESDAY MAY 24, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM C 0 L 0 R A D 0 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 Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present in person were Lindsay Hardy, Chico Thuon, Tamra Underwood, Scott Prince, RJ Andrade, and Amy Phillips. Also present in person were Public Works Operations Manager Gary Padilla, Recreation Director Michael Labagh, Chief of Police Greg Daly, CASE Manager Danita Dempsey, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:34 Part One No changes were made to the agenda. Mayor Pro Tern Phillips moved to approve the agenda as presented. Councilor Underwood 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: 00:00:50 Part One Councilor Underwood disclosed that she holds a short-term rental license, relevant to items 5.5 and 5.6. as she has disclosed before. Councilor Thuon disclosed he works for a company that is in the short-term rental industry. Councilor Andrade disclosed he is property owner within the proposed overlay zone. They all clarified it is not a conflict of interest, only a disclosure. 4. PUBLIC COMMENT Video Start Time: 00:02:02 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. Eagle River Fire Protection District Fire Chief Karl Bauer was present in person and gave an update on the wildfire conditions. He recommended to do not proceed with the fireworks given the potential danger. He said besides fireworks, other potential fire starters are lightning and wind. He encouraged everyone to sign up for the Eagle County alerts notifications at ECalert.org. Kathleen Walsh, Avon resident, commented in person. She talked about her concern on the East Beaver Creek Boulevard river track area that has become very pedestrian, and it has been trashed with cigarette butts, and it is concerning with the fire conditions. She said even campfires happen in there and suggested to patrol this area. AVON REGULAR MEETING MINUTES Avon TUESDAY MAY 24, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Taylor Gardarian, Eagle resident, commented in person. He talked about his non-profit organization, that he founded in 2015, and constitutional oaths. Mayor Smith Hymes asked him to send an email to her and Town Manager Heil to request time to talk about this topic in a future agenda and they will consider if it is appropriate to be added. No virtual comments were made. 5. BUSINESS ITEMS 5.1. ART AROUND AVON UPDATE (CASE MANAGER DANITA DEMPSEY) Video Start Time: 00:35:25 Part One CASE Manager Danita Dempsey presented a PPT presentation with the different art pieces that will be displayed around town. Mayor Smith Hymes asked if there was any piece sold, CASE Manager Danita Dempsey said no. She reminded the public about the Art -walk, happening on June 10th starting with an artist reception from 5:00 pm-6:00 pm then a self -guided walking tour from 6:00 pm-7:30 pm. She said there will be printed and a digital map as well. 5.2. OVERVIEW OF SUMMER EVENTS (CASE MANAGER DANITA DEMPSEY) Video Start Time: 00:49:25 Part One CASE Manager Danita Dempsey presented a PPT presentation on the 2022 special events. For the Salute to the USA event, she echoed Chief Bauer's recommendation and said staff does not currently plan to include fireworks display in this event and staff is looking at some alternatives such as a laser show and said that the main performer will be announced on June 3'd. She mentioned the Town Clean Up Day event coming up in June 4th 10:00 am-1:30 pm, including free food and live music. 5.3. Toss BOX PROPOSAL (TOWN MANAGER ERIC HEIL) Video Start Time: 01:08:36 Part One Town Manager Heil introduced the topic and Matt Donovan, present in person, talked about his proposal and answered questions from Council. He said this is an affordable way to dispose trash and mentioned Avon will be the first community partner. Council discussed this is not a revenue share but still paying sales taxes a community amenity. Town Manager Heil suggested to do a one- year license agreement and revisit how it worked. Councilor Prince moved to approve the Toss Box proposal and direct Staff to prepare a license agreement with Toss Box to allow Toss Box to operate at the Lot 5 Recycle Center. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.4. PUBLIC HEARING: RESOLUTION 22-09 ADOPTING REGIONAL TRANSIT AUTHORITY INTERGOVERNMENTAL AGREEMENT (TOWN MANAGER ERIC HEIL AND CHIEF MOBILITY OFFICER EVA WILSON) Video Start Time: 01:31:21 Part One Town Manager Heil presented and clarified to Council that they are not approving to sign the Regional Transit Authority IGA, just approving the draft to go to CDOT. He explained the tax rates. AVON REGULAR MEETING MINUTES Avon TUESDAY MAY 24, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 22-09 Approving the Draft Regional Transit Authority Intergovernmental Agreement. Councilor Andrade seconded the motion and the motion passed with a vote of 6-0. Councilor Prince was away. 5.5. ORD 22-08 SHORT TERM RENTAL LICENSING (PLANNER MAX MORGAN) Video Start Time: 01:41:15 Part One Town Planner Max Morgan presented a short-term rental update and a recap of Ordinance 22- 08, which he said it has not changed since the last discussion. He answered several questions from Council. Councilor Thuon does not see how creating new rules that are probably not even be enforced, will solve the problem of lacking long-term housing, and asked what the real mission is. Councilor Andrade would like to keep the fee at $75. Councilor Hardy supported his comment. Councilor Underwood said she would like to see an intention mission, focus on the life safety issues that Fire Marshal Woodworth talked about, have a much better application to use for data gathering, and learn whether they are allowed with the HOAs. Mayor Smith Hymes called for public comments and Fire Marshal Mick Woodworth commented in person. He talked about occupancy use and the fire code. Rick Reiter, Avon resident, commented in person. He said he owns two units, one in Liftview and one in Sunridge, being the second one an investment unit, and he and his partner were debating whether to keep it long-term rental as it currently is or make it short-term rental. He said he got his short-term rental license this week. Al Bonneau, Avon resident, commented via Zoom. He said he is a second homeowner and he talked about fees and taxes and said they seemed overly punitive and the mission seems unclear Councilor Andrade moved to continue Ordinance 22-08 to the June 14`h Council meeting. Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was away. 5.6. ORD 22-09 SHORT TERM RENTAL OVERLAY ZONE DISTRICT (PLANNER JENA SKINNER) Video Start Time: 00:00:01 Part Two Town Planner Jena Skinner presented a PPT presentation including the town core map area and answered several questions from Council. Mayor Pro Tem Phillips requested staff to amend the application and start using it without having to bring it to Council to be approved, just send to Council for review/comments. Town Manager Heil said the application is very doable but working on information about water conservation strategies, landscaping regulations, public operations, etc. will have to be deferred and asked the Council retreat on June 3rd to be canceled to give time to the Community Development Department to work on Ordinance 22-09. AVON REGULAR MEETING MINUTES TUESDAY MAY 24, 2022 /.v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM C 0 L 0 P t D 0 Councilor Prince asked about the notification letter he requested to be sent out the last meeting, and he requested to be mailed to all residents. Town Manager Heil confirmed it will be sent out by Friday. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Andrade moved to continue Ordinance 22-09 to the June 141h Council meeting. Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was away. 5.7. PUBLIC HEARING: EMERGENCY NOTIFICATION SYSTEM SIRENS FOR NORTHERN HILLSIDE COMMUNITIES OF WILDRIDGE, WILDWOOD, AND MOUNTAIN STAR PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:2S:S4 Part Two Planning Director Pielsticker presented via Zoom and summarized the locations for the new four sirens. Councilor Underwood asked about the battery power of the sirens. He confirmed they are battery powered and there is electricity running to keep them always charged and in case of an emergency and they shut down, they have a 30-minute life span. Councilor Andrade asked if they are still planned to be tested once a month. Chief Daly confirmed, once a month for 7 seconds. Councilor Prince asked if all at once. Chief Daly confirmed and explained how they get initiated. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve Case #MNR22009 an emergency notification system for the northern hillside communities, together with the findings as recommended by the Planning and Zoning Commission. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.8. HOLY CROSS AGREEMENTS TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:40:27 Part Two Town Engineer Hildreth presented and explained the project. Mayor Pro Tern Phillips asked if all the lines will be underground. He confirmed they are not. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Thuon moved to approve Resolution 22-12 approving Holy Cross Energy Underground Right -Of -Way Easement and Trench, Conduit, and Vault Agreement for the East Harry A. Nottingham Park Improvements Project and direct the Town Attorney to finalize easement language with Holy Cross. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Prince voted no. AVON REGULAR MEETING MINUTES TUESDAY MAY 24, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.9. NOTICE OF AWARD FOR METCALF CULVERT REPAIR (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:42:40 Part Two Town Engineer Hildreth presented and said there will be traffic impacts during construction for about 3-4 weeks. Councilor Thuon asked about the life span of the other side of the pipe and if it has been considered to change the whole pipe. Town Engineer Hildreth said it is in a good shape. Councilor Prince confirmed this company is based in Denver and asked about housing plan for their employees. He requested to make it conditional as part of the motion. Councilor Underwood asked about the retaining wall. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Prince moved to authorize issuance of Notice of Award for the Metcalf Road Culvert Repair Project contract to American West Construction, LLC in the amount of $566,400 and additional submission of a satisfactory housing and transportation plan for workers. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.10. NOTICE OF AWARD FOR AVON ROAD TRAFFIC OPERATIONS ASSESSMENT (CHIEF MOBILITY OPERATIONS EVA WILSON) Video Start Time: 01:53:04 Part Two Chief Mobility Operations Wilson presented and answered questions from Council. Mayor Smith Hymes mentioned she has heard there are many accidents in that area. Mayor Pro Tem Phillips asked if this would change the island as drivers keep illegally turning left from the Riverfront Lane. Chief Mobility Operations Wilson explained and showed a diagram of the delineators. Councilor Underwood said it is not only drivers turning left but speeding also. Councilor Prince expressed his concern regarding the budget as there are other priorities such as housing and the park improvements project. Councilor Thuon supported this and said is money well spent as it is a safety issue. Councilor Underwood said she supports but insisted to Chief Mobility Operations Wilson to add to work element 5 their alternative developments in the evaluation, specifically add the roadway between roundabout 4 and 5 as a delivery goal, they have to provide at least three alternatives and help to solve this problem. Councilor Thuon moved to authorize the issuance of the Notice of Award for the Avon Road Multimodal Operations Assessment project to Stolfus and Associates in the amount of $109,365 as approved by the Town of Avon Capital Projects Fund. Councilor Underwood seconded the motion and the motion passed with a vote of 5 to 2. Councilor Prince and Councilor Andrade voted no. 5.11. RES 22-07 ADA COORDINATOR (TOWN MANAGER ERIC HEIL) Video Start Time: 02:11:24 Part Two Town Manager Heil presented and said the only correction is that it will be Resolution 22-13 and not Resolution 22-07. AVON REGULAR MEETING MINUTES Avon TUESDAY MAY 24, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM C 0 L 0 R A C 0 Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 22-07 (Resolution 22-13) Restating and Reaffirming the Town's Commitment to the Americans with Disabilities Act. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF MAY 10, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:13:04 Part Two Councilor Hardy corrected some grammar. Councilor Thuon moved to approve the May 10, 2022 as amended. Councilor Thuon seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent in that meeting and did not vote. 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Kayak Crossing Update (Eaglebend Dowd Housing Corporation) 7.3. May 3rd PZC (Planning Director Matt Pielsticker) 7.4. O'Neal Spur Park Reservations (Recreation Director Michael Labagh) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:14:13 Part Two Mayor Smith Hymes talked about Pegasus services, for more details review the January 11th Council packet. She said that on June 1st at 11:00 a.m. it will be the launch of the e-bike sharing at the Vail Library, for more details review the April 26th Council packet. Councilor Thuon requested a minute to reflect and say prayers for 18 children and the teacher that we lost this morning in Texas. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 10:25 p.m. AVON REGULAR MEETING MINUTES Avon TUESDAY MAY 24, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 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: &.MA;9M renda Torres, Deputy Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade