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TC Minutes 06-28-2022AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 VIRTUAL ZOOM MEETING 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 Avon COLORADO 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, Scott Prince, RJ Andrade, and Amy Phillips. Councilor Tamra Underwood was absent. Also present in person were Recreation Director Michael Labagh, CASE Manager Danita Dempsey, Planning Director Matt Pielsticker, Senior Planner Jena Skinner, Planner 1+ Max Morgan, Town Engineer Justin Hildreth, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong and General Government Intern Emily Myler. 2. APPROVAL OF AGENDA Video Start Time: 00:00:34 Councilor Prince requested to add written report 7.3 to the agenda as business item 5.6 Councilor Prince moved to approve the agenda as amended. Mayor Pro Tem 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: 00:01:44 Part One No disclosures were made. 4. PUBLIC COMMENT Video Start Time: 00:01:55 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. No public comments were made. 5. BUSINESS ITEMS 5.1. OVERVIEW XTERRA USA CHAMPIONSHIPS EVENT AVON (XTERRA US TOUR MANAGER STEVE ANDRUS) Video Start Time: 00:02:43 Andrus thanked the Council for hosting the event in Avon and letting him speak today. He said this year will be a little different from the past 12 years because it's a USA championship. It will also tie in some family -oriented events with the race with two concerts on Saturday. They've also tied Town of Avon events in with theirs including Lakeside Cinema and SunsetSUP the night before. He talked about how the event will focus on showcasing Avon around the world through their marketing and following. He thanked CASE Manager Dempsey for helping him move the USA Championships to Avon. Mayor Smith Hymes expressed that the Council is excited that XTERRA has chosen Avon for their national championships this year. Councilor Prince asked why Avon was the top pick and if they plan to return in coming years. Andrus said that Avon's community, focus on sustainability and access to a beautiful race venue were main factors. Avon will always be the host of a major XTERRA event as long as they are welcome. AVON REGULAR MEETING MINUTES ` ,O TUESDAY JUNE 28, 2022 V n VIRTUAL ZOOM MEETING COLORADO 5.2. PUBLIC HEARING: RESOLUTION 22-15, MCGRADY ACRES FINAL SUBDIVISION PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:14:50 Planning director Matt Pielsticker described the McGrady Acres site and final development plan. He said tonight council will consider final subdivision, which will include plots and open space as well as creation of an HOA. He showed the Council six conditions for approval and recommended a modification to condition #2. Mayor Smith Hymes asked where the commitment to serve letter will go and Planning Director Pielsticker said it is being drafted and can be referenced as an additional condition in this document but as a formality. Mayor Smith Hymes asked if there is bluegrass in the landscaping and Planning Director Pielsticker said only in some minimal areas and future changes in the landscape Code will not impact this project. Mayor Smith Hymes asked if HOA fees will be limited for the deed restricted unit and Mayor Pro Tern Phillips said yes they will. Councilor Hardy asked if the floorplans are final and remarked that the deed restricted unit doesn't seem to be the best floorplan, especially at the cost. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips motioned to approve Resolution 22-15, McGrady Acres Final Subdivision with attachments B through F including the changes to the conditions as outlined by Planning Director Pielsticker. Councilor Andrade seconded the motion and the motion passed with a vote of 5 to 1. Councilor Underwood was absent. 5.3. LA ZONA PROJECT AND RECREATION SURVEY RESULTS PLANNING DIRECTOR MATT PIELSTICKER AND RECREATION DIRECTOR MICHAEL LABAGH) Video Start Time: 00:33:00 Planning Director Pielsticker described the La Zona area and special analysis and programming project. It will consider expansion of the Rec Center and how the old Firehouse and Main Street Mall could fit in. Norris Design Group has been selected to work on this project. They are looking at the Rec Center Survey results and are considering dates to host open houses for public engagement. Concept planning is scheduled later this year. Recreation Director Labagh presented the results of the Rec Center Survey which launched in the Spring. Five hundred and forty-five people responded and he went over trends in the responses. The community seems to want more of everything, and the La Zona project should consider how to add programming, facilities and staff within the budget allowed Councilor Andrade asked how Norris Design reacted to the Daycare Center obstacle. Planning Director Pielsticker said it is one of the front end operating considerations and he has spoken with them about it. Town Manager Heil said it is still on the task list to consider how the Daycare could be moved around and should come before Council in July or August. Mayor Smith Hymes said the timing of the survey was sort of off season, but the response rate was excellent. She asked what AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 neon VIRTUAL ZOOM MEETING COLORADO the scope of Norris Design's work be and if they will be involved in gathering community input. Town Manager Heil said not so much, the Town has already given them direction to get started ad right now it's too open ended to do engagement. The consultants will provide design expertise and technical knowledge to narrow down ideas to take to the public and provide an idea of cost options Mayor Pro Tern Phillips asked who will attend the first meeting with the consultants. Town Manager Heil said it will be structured as an open house with the Health and Recreation Committee and Culture, Arts and Special Events Committee, Planning and Zoning Commission as well as Council and the general public will be invited on September 15. Mayor Smith Hymes called for public comments and no public comments were made. 5.4.j CIP UPDATE TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:51:13 Town Engineer Hildreth presented on 22 projects the Town is working on. He said it's been a difficult and expensive building environment but he is hoping for a slower economy soon. Major projects include updates to the Recreation Center, flood mitigation, Harry A. Nottingham Park improvements, various street improvements, electric vehicle chargers and others. Regarding the flood mitigation, Council discussed supporting Beaver Bench and Sonnen-Halde in fixing damage from recent flooding events. Councilors Hardy and Thuon said the Town should help out members of the community who are dealing with natural disasters. Councilors Andrade and Prince cautioned showing preferential treatment to some HOAs and setting a precedent. Councilor Andrade suggested a no -interest loan. Councilor Phillips said she is okay with splitting the cost or providing a loan for the full amount. Mayor Smith Hymes also cautioned about setting a precedent, but said the Town needs to support the community. It would depend on whether the Town is at fault for the damage. She asked if FEMA or insurance will help with the cost and Town Manager Heil said no. Councilor Hardy said there may be a non -permitted building on the property which increased the damage and the Town should consider how to rectify that. She would rather spend money helping people in this situation than some other things on the budget. Town Attorney Hanlon said generally municipalities shouldn't be loaning money and recommended providing funds as a grant instead. He cautioned further discussion about liability. Councilor Prince initiated a vote to hold an executive session during the next Council meeting to discuss further and the vote passed 6 to 0. Councilor Underwood was absent. Mayor Smith Hymes called for public comment and Michael Hall, Avon resident commented that he understands the position that Council is in but he's been a resident of Beaver Bench since the 1990's. He and his neighbors didn't think they'd need flood insurance and FEMA wouldn't cover this. They had a flood and fire in the A building and the grading of these buildings sent the water right into the building. The Town has helped a lot, but the financing is important. This kind of event will happen more often and there's a reason why Beaver Bench was impacted, and it has to do with its location and the Town's water drainage. AVON REGULAR MEETING MINUTES TUESDAYJUNE 28, 2022 VIRTUAL ZOOM MEETING Avon COLORADO On street improvements, Mayor Pro Tern Phillips said she thinks the metal on the underpass shelters looks cool as is. Councilor Thuon said that the Town's landscaping should hide the ugly electrical panels. He also suggested keeping a file on the Town's experiences with different contractors to prevent further mistakes and wastes of money. Councilor Prince said he would support painting the shelters to match other structures in Town. Councilor Hardy said the project needs to be finished to match the plans. Councilor Andrade agreed. Based on council consensus, Mayor Smith Hymes gave direction to go ahead with painting the shelters. 5.5. FIRST READING ORDINANCE 22-08 SHORT TERM RENTAL LICENSING PLANNER 1+ MAX MORGAN) Video Start Time: 01:34:28 Town Manager Heil said staff has heavily revised the ordinance based on suggested changes from Council including defining and making terms more consistent, adding a maximum occupancy limit. Language regarding caps has been referred to PZC. He recommended that Council pass the ordinance on first reading and staff can begin to conduct outreach before second reading. Councilor Prince asked if there is there anything else our peer communities have considered that might be worth while to consider. Town Manager Heil said he thinks this is a complete and reasonable list based on peer communities. Planner 1+ Morgan added that some communities require a resident spend a minimum number of years living at the property before they can STR. He's not sure if that achieves Avon's purpose. Town Manager Heil said most of the safety and nuisance rules are straightforward. STIR owners should accurately represent their properties to renters. Councilor Prince asked if Vail considered about having STRs post emergency exit signs and what the regulations will be on smoking. Town Manager Heil said yes, but emergency signs can be required administratively, nuisance responses will be the same as for residents per Town Code. Councilor Prince asked if there are any recourses towards an STIR owner if their guests are breaking nuisance laws regularly and said there should be a mechanism to revoke a license after multiple complaints. Town Manager Heil said Staff could look at how to add more stringent requirements to the STIR license rules. Mayor Smith Hymes said the method to make complaints should be accessible and tracked. Town Manager Heil said it would be treated similarly to business licenses and work with STIR license holders on a case -by -case basis. Mayor Smith Hymes commented that she no longer thinks Avon needs to allow ROSTRs to be able to have their place rented without them being there for some nights of the year because that's not something people are likely to do. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Andrade moved to approve the first reading of Ordinance 22-08 as drafted and set a public hearing for second reading on July 26, 2022. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 5.6. PUBLIC WAY PERMIT EXTENSION FOR WYNDHAM PUBLIC WORK DIRECTOR EVA WILSON) Video Start Time: 02:05:15 AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 VIRTUAL ZOOM MEETING ,ovo n COLORADO Councilor Prince said he was quite surprised the trailer is still there. Council can't extend the right of way permit beyond Sept 30th. Their problems with their insurance company is not our problem. Public Works Director Wilson said that was the purpose of the written report, and she supports what Councilor Prince said. They have a contractor and repair plan and have inspected the trailer. 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 Mayor Pro Tem Phillips moved to approve the June 14, 2022 as drafted. Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Quarterly Update on 2022 Department Goals (Town Manager Eric Heil) 7.3. Public Way Permit Extension for Wyndham (Mobility Director Eva Wilson) 7.4. Summer Programming Update (Recreation Director Michael Labagh) 7.5. Overview of 2022 construction permit activity (Planning Director Matt Pielsticker) 7.6. June 21, PZC Abstract (Planner 1+ Max Morgan) 7.7. June Creek Emergency Egress (Planning Director Matt Pielsticker) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:14:13 Part Two Councilor Prince gave a shout out to Public Operations for getting rid of ground squirrels. Mayor Pro Tem Phillips responded that the improvement is great to hear, however the continued population along Eagle Bend and at the rodeo lot is worse. Mayor Smith Hymes told the Council about Water Education Colorado (WECO) education opportunities which she participated in. She encouraged the Council to get a membership if they're interested in water. Councilor Hardy Congratulated Mountain Pride and their success with Pride in the Park. She thanked to CASE Manager Dempsey and her crew for their help. She said the Town benefitted from the event through increased tourism 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 7:17 p.m. AVON REGULAR MEETING MINUTES TUESDAY JUNE 28, 2022 AV O n VIRTUAL ZOOM MEETING 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: �7< Emily Myler, General Government Intern APPROVED: ^ Sarah Smith Hymes W�/J Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade