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TC Minutes 07-26-2022AVON REGULAR MEETING MINUTES TUESDAY JULY 26, 2022 Avon 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 Pro Tern Phillips 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, Tamra Underwood, Scott Prince, and RJ Andrade. Council member Chico Thuon and Mayor Smith Hymes were present via Zoom. Also present in person were Deputy Town Manager Patty McKenny, Public Works Director Eva Wilson, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Deputy Town Clerk Brenda Torres. EXECUTIVE SESSION PURSUANT TO CRS 24-6-402(4)(B) FOR THE PURPOSES OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS MORE SPECIFICALLY RELATED TO POTENTIAL LIABILITY RELATED TO DEBRIS FLOW AND STORM EVENTS Council members present in person were Lindsay Hardy, Tamra Underwood, Scott Prince, and RJ Andrade. Council member Chico Thuon and Mayor Smith Hymes were present via Zoom. Also present in person were Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, Deputy Town Manager Patty McKenny, and General Government Manager Ineke de Jong. Councilor Prince moved to go into Executive Session pursuant to CRS 24-6-402(4)(b) for the purposes of receiving legal advice on specific legal questions more specifically related to potential liability related to debris flow and storm events. Councilor Andrade seconded the motion and the motion passed with a vote of 7 to 0. The time was 4:03 p.m. The Executive Session started at 4:05 p.m. The Executive Session ended at 4:51 p.m. 2. APPROVAL OF AGENDA Video Start Time: 00:01:08 Part One Councilor Prince requested to pull off agenda item 7.10 Parking Management Program Update report. Mayor Pro Tem Phillips added it after item 6.1. Councilor Underwood moved to approve the agenda as amended. 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: 00:02:09 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. She clarified it is not a conflict of interest, only a disclosure. 4. PUBLIC COMMENT Video Start Time: 00:02:49 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. AVON REGULAR MEETING MINUTES �` v,O TUESDAY JULY 26, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Jennifer Lance, Avon resident, commented in person. She talked about the mudslide and relief funding. She said her condo was damaged, almost 1 year has passed and it has not been back to normal yet. She mentioned they have sandbags, but that is not a permanent or sustainable solution and urged Council to consider approving grand funding for Beaver Bench projects. Sarah Will, Avon resident, commented in person. She talked about ADA parking difficulties she has found in businesses on Metcalf Road. She said she is looking for sustainability in the community. Ruth Stanley, Avon resident, commented via Zoom. She talked about the mudslide and said that the bus stop on West Beaver Creek Boulevard still has around 5" of mud and asked if that will be cleaned up as every time it rains it might come back to their driveway. S. BUSINESS ITEMS 5.1. PRESENTATION: NOVEMBER 8, 2022 GENERAL ELECTION UPDATES: COORDINATED ELECTION, DESIGNATE ELECTION OFFICIAL, TIMEFRAME FOR CIRCULATING NOMINATION PETITIONS, PREVIEW ELECTION CALENDAR DATES AND TASKS (DEPUTY TOWN MANAGER PATTY MCKENNY) Video Start Time: 00:16:17 Part One Deputy Town Manager McKenny presented and provided an update on the November 81h election. She talked about general information for candidates looking to run for one of the four open seats. She said candidate packets will be available at the Town Clerk's Office starting August 91h, and the due date to be submitted is August 291h Councilor Underwood asked to double check the dates in the press release as they seemed to be mixed up. Mayor Sarah Smith Hymes clarified that people in the community cannot sign more than four different candidate petitions. A motion to designate Deputy Town Manager Patty McKenny as the Designated Elections Official as proposed in the packet was no longer needed as she was officially given the Town Clerk title today. 5.2. PRESENTATION: RESULTS AVON VOTER POLLING ON USE TAX, MARIJUANA TAX, AND REGIONAL TRANSPORTATION AUTHORITY TAX QUESTIONS (GENERAL GOVERNMENT MANAGER INEKE DE JONG AND TOWN MANAGER ERIC HEIL) Video Start Time: 00:26:35 Part One General Government Manager de Jong presented the results as outlined in the packet and Ryan Winger with Magellan Strategies joined the meeting to answer Council questions. Councilor Underwood asked about the lodging tax. Town Manager Eric Heil said that the lodging tax is supported by the voters but will not be considered by the RTA as the County wants to ask a lodging tax question for housing. Councilor Andrade asked if the RTA draft ballot question would be the same for all jurisdictions. Town Manager Eric Heil confirmed. Mayor Smith Hymes asked via Zoom if the RTA polling was presented to Council. Mayor Pro Tern Phillips pointed out that this poll results are highly weighted to Wildridge, and she presumes that people who voted are people who stay at home and are available and people who work 2-3 jobs and take the bus were too busy to participate in the poll. AVON REGULAR MEETING MINUTES TUESDAY JULY 26, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Town Manager Eric Heil suggested scheduling a special meeting in the first Tuesday in September to know then what the County and Town of Vail have decided about moving forward with referring the RTA to the ballot or not. Staff will schedule a special meeting on Tuesday September 6th via Zoom, which will be cancelled if it is not needed but for now it will be on everyone's calendar. 5.3. FIRST READING: ORDINANCE 22-10 COUNCIL COMPENSATION (TOWN MANAGER ERIC HEIL) Video Start Time: 00:48:50 Part One Town Manager Eric Heil presented the topic and explained that compensation has not been raised since 1996 and the proposed raise would go into effect for future Councilors in December 2024 to apply to the seven Council members at the same time. He explained the current and proposed amounts. Councilor Prince supported the increase for future Council members, but not the payment per committee. He said that it is important that anyone running for Council they can afford to be here and take the time necessary to perform the job. Councilor Hardy also supported the increase and said she would like to have more demographics. Councilor Underwood supported to implement the increase in 2024 to put everybody on even playing field. She agreed with Councilor Prince and said it would be very difficult to administer the extracurricular activity. Councilor Andrade would like increases to be more gradually, instead of a big jump of doubling after 20 years. He suggested to re- evaluate every 5 years. Councilor Thuon agreed with Councilor Andrade's comment. Mayor Smith Hymes agreed committee compensation is cumbersome and did not agree to do it, but this is a job, and being paid a reasonable amount of money sends a message to Councilors that their time and expertise are valued, and it also sets an expectation about commitments. She talked about getting an extra credit in lieu of getting health insurance benefits through the Town. Mayor Pro Tem Phillips called for public comments and no public comments were made. Mayor Pro Tem asked if it would be possible to redo the ordinance to add some triggers to activate an automatic raise every 6 years due to inflation, etc. Councilor Prince also asked about the opting - out from the health insurance option. Councilor Underwood moved to continue first reading of ordinance 22-10 and asked the Town Manager and the Interim Town Attorney to bring back the ordinance with committee compensation, bumping down the first step up from doubling it and addressing the possibility of providing a credit for Councilors that decline health insurance benefits edits. Councilor Andrade seconded the motion and the motion passed with a vote of 7 to 0. 5.4. PRESENTATION HOUSING UPDATES (TOWN MANAGER ERIC HEIL AND PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:11:38 Part One Town Manager Eric Heil and Planning Director Pielsticker presented the housing updates. They thanked Councilor Andrade and Councilor Hardy for being involved in the process of interviews. AVON REGULAR MEETING MINUTES TUESDAY JULY 26, 2022 4mon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Council appreciated that staff is being so proactive in the Mi Casa program and exploring all options. Mayor Pro Tern Phillips asked to revisit the 12% flat of the cap to increase if it is included in the overlay short term rental area. Mayor Sarah Smith Hymes asked when will the inventory be done and Planning Director Matt Pielsticker said it should be done by the end of August. 5.5. PUBLIC HEARING - SECOND READING: ORDINANCE 22-08 SHORT TERM RENTAL LICENSING (PLANNER 1+ MAX MORGAN) Video Start Time: 01:27:18 Part One Town Manager Eric Heil presented and said that the redline strikeout in page 72 in the packet shows the revisions Councilor Underwood suggested in the first reading. There was a lengthy discussion and several edits to the language, including definitions as "front desk", "consecutive days", and "time share". He made revisions as Council commented. Mayor Pro Tem Phillips called for public comments and Scott Puzmar, Avon resident, commented in person about re -renting other people short term rentals. No virtual comments were made. Mayor Pro Tern Phillips suggested to go through the rest of the meeting and get back to this item later tonight. Councilor Underwood moved to continue this item to be discussed tonight after item 7.10. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.6. FIRST READING: ORDINANCE 22-09 SHORT TERM RENTAL CODE TEXT AMENDMENTS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:11:49 Part One Town Planner 1+ Morgan presented a PPT presentation with the analysis and proposed town core map. Councilor Underwood clarified the overlay map and the different types of licenses inside and outside the town core. Council discussed the minimum of three Short -Term Rental licenses per complex, some Councilors thought this may not help the goal of limiting Short -Term Rentals for the smaller complexes and others thought it was okay to leave that minimum in place. Councilor Andrade asked to make licenses transferrable, and staff explained it would be complicated. Councilor Underwood asked if there could be transfer exemptions just like the Real Estate Transfer Tax exemption, for instance when the title of a property changes hands when gifted to a family member, etc. AVON REGULAR MEETING MINUTES TUESDAYJULY 26, 2022 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tern Phillips called for public comments and no public comments were made. Councilor Underwood moved to continue first reading of ordinance 22-09 to the August 9`h meeting and asked staff to elaborate on education of different Short -Term Rental licenses, improve the overlay map, take off the three Short -Term Rental licenses per complex minimum. Mayor Smith Hymes seconded the motion and the motion passed with a vote of 4 to 3. Councilor Prince, Councilor Andrade, and Councilor Thuon voted no as they supported keeping the three Short -Term Rental licenses per complex minimum. Council took a 5-minute recess. 5.7. LOT B/LOT 3 URA DEVELOPMENT CONCEPT (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:00:01 Part Two Town Manager Eric Heil introduced the topic and Planning Director Pielsticker presented the project. All Council members were very excited about this development and especially the 50% deed restricted units. They all supported these two projects to move forward. Councilor Hardy expressed that in eight years in the Planning and Zoning Commission and two in Council, this is the best solution she has seen, and she supported it as it is now. Councilor Thuon said this is a great use of land. Mayor Pro Tern Phillips mentioned that a heat -pump generated snow melt would be appropriate for this area and requested this option and HOAs to be explored. 5.8. PUBLIC HEARING - SECOND READING: ORDINANCE 22-11 RECALL REGULATIONS (TOWN MANAGER ERIC HEIL) Video Start Time: 00:21:29 Part Two Interim Town Attorney Hanlon presented two alternatives to count the votes: alternative one, total votes for all candidates + total votes cast for no candidate (i.e. undervotes) X 0.25/number of Council seats to be filled in the preceding regular Town election, and alternative two, total votes for all candidates X 0.25/number of Council seats to be filled in the last preceding regular Town election. He expressed this is a political decision for Council, more than a legal decision and expressed he cannot advice which one is the better legal decision, but mathematically alternative two is the safer choice. Councilor Underwood asked to add language about the U.S. Constitution and supported alternative one. Councilor Hardy also supported alternative one and said every voter has to be counted even they do not intent to vote. Councilor Prince supported alternative one or go with "ballots cast" which is equivalent to alternative one but uses different words and takes away the interpretation of "total vote cast". Mayor Smith Hymes agreed with Councilor Prince's comments and said she is fully support of the right to recall. Mayor Pro Tem supported alternative one and going with the "ballots cast". Mayor Pro Tern Phillips called for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY JULY 26, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Prince motioned to continue second reading of ordinance 22-11 to the August 911 meeting. Councilor Andrade seconded the motion and the motion passed with a vote of 7 to 0. 5.9. ACCEPTANCE OF THE 2021 ANNUAL COMPREHENSIVE FINANCE REPORT (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:48:06 Part Two Finance Director Scott Wright introduced Paul Backes with McMahon & Associates, the Town's independent auditing firm, who joined via Zoom and presented the 2021 audit results. He expressed that the Town received a clean opinion and two recommendations. Councilor Prince moved to accept the 2021 Annual Comprehensive Financial report. Councilor Andrade seconded the motion and the motion passed with a vote of 7 to 0. 5.10. WORK SESSION: RECYCLING (SUSTAINABILITY COORDINATOR CHARLOTTE LIN) Video Start Time: 00:53:00 Part Two Sustainability Coordinator Lin presented the recycling work session and took Council through a PPT on recycling ordinances analysis. She expressed that the goal is to get Council direction on the draft ordinance, and to schedule first reading. Town Manager Eric Heil mentioned this draft of the first reading ordinance mimics what Vail has already in place. Councilor Underwood said she is supportive of this and asked about the hauler requirements. Mayor Pro Tern asked about the grinder in Eagle County. Councilor Andrade said he is very prepared for this as he has a business also in Vail and suggested to give plenty of education and lead time to roll this out to commercial businesses. Councilor Prince would like to see financial impact information from the haulers. Mayor Smith Hymes and Mayor Pro Tern Phillips asked about the difference of size containers. Mayor Pro Tern Phillips called for public comments and no public comments were made. Councilor Underwood expressed she would like the ordinance to apply to all residents, not just multi -family, if this will be drafted with a year -in -advance implementation timeline. Majority of Council members agreed. 6. MINUTES 6.1. APPROVAL OF JUNE 28, 2022 REGULAR COUNCIL MEETING MINUTES (GENERAL GOVERNMENT INTERN EMILY MYLER) Video Start Time: 01:26:08 Part Two Councilor Andrade moved to approve the June 28, 2022 as presented. Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood abstained from the vote. 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Quarterly RETT Report (Accountant I Carly Fackler) 7.3. E-Bike Incentive Program Update (General Government Intern Emily Myler) AVON REGULAR MEETING MINUTES TUESDAY JULY 26, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 7.4. Quarterly Mi Casa Program Update (Senior Planner Jena Skinner) 7.5. Green House Gas Matrix (Planner 1+ Max Morgan) 7.6. Building Electrification Data Collection (Planner 1+ Max Morgan) 7.7. Community Swim Program — 5-year Review (Recreation Director Michael Labagh) 7.8. Update on East Nottingham Park Improvement Bid Results (Town Engineer Justin Hildreth) 7.9. Planning and Zoning Commission Abstract (Planner 1+ Max Morgan) 7.10. ITEM MOVED Parking Management Program Update (Public Works Director Eva Wilson) Video Start Time: 01:27:40 Part Two Acting Mobility Manager Jim Shoun was present in person and answered Council questions. Councilor Prince wondered what the goal of this program is if this paid parking program will provide parking turnover, or this program will displace local workers from parking. He expressed he is strongly against this program and said it is taxing on the locals. He questioned the financial side and said this will be a burden for locals when in April the ski season is over and the town is empty, he suggested to limit it to a 4-month season. Councilor Andrade said that charging for parking anytime is a horrible idea. Councilor Hardy is also against. Councilor Thuon agreed with Councilor Prince's comments to keep it as a seasonal activity. Mayor Smith Hymes clarified this is seasonal. Public Works Director Wilson joined in person and added that this is for managed parking not just for paid parking and that the free parking for the first three hours has not changed. Town Manager Eric Heil proposed to add this item on a future agenda for discussion as four Councilors expressed concern on this program this evening. Mayor Pro Tern Phillips said there is the choice of paying for parking or park free of charge by walking just a few blocks further. Councilor Thuon questioned VIP parking at Avon LIVE! and the 15 points turn he had to make to get out of the old Town Hall parking lot. Councilor Underwood said that parking management is needed, and this is just a start. 5.5. ITEM CONTINUED PUBLIC HEARING - SECOND READING: ORDINANCE 22-08 SHORT TERM RENTAL LICENSING (PLANNER 1+ MAX MORGAN) Video Start Time: 01:48:48 Part Two Town Manager Eric Heil presented the ordinance with the redline corrections requested earlier in the evening. Councilor Underwood moved to approve on second reading Ordinance 22-08 Amending Sections 3.12.020, 5.04.050, and 5.04.110 of the Avon Municipal Code concerning Short Term Rental Licenses with all the redline changes, extracting subsection G and instead header G needs to follow by the word "reserved" (for when Ord 22-09 passes). Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon got disconnected at 10:07 p.m. and was not present at the time of the vote. AVON REGULAR MEETING MINUTES TUESDAY JULY 26, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:53:15 Part Two Councilor Andrade commented that the pickleball courts are starting to look great. Councilor Prince thanked staff for a great July 3rd Salute to the USA event and said that logistically it was all really great. Councilor Hardy wanted to chime in and offered her gratitude to Town staff for this event but expressed the lasers were not as expected/hoped and would like to re -think about this for 2023 as she heard a lot of complaints about the lasers. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 10:10 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: Amy Phillips Sarah Smith Hy s Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade