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TC Minutes 08-09-2022AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 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 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, and Amy Phillips. Council member RJ Andrade was present via Zoom and Council member Scott Prince was absent. Also present in person were Deputy Town Manager Patty McKenny, Public Works Director Eva Wilson, Deputy Chief of Police Coby Cosper, Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:35 Mayor Pro Tem Phillips requested to move the work session item 5.9 from the regular agenda and consider it a written report as it will be reviewed at the next meeting, and hopefully it will contain more information then. Town Manager Eric Heil requested to remove agenda item 5.6 and to bring it back after more staff discussion. Mayor Pro Tern Phillips moved to approve the agenda as amended. Councilor Hardy seconded the motion and the motion passed with a vote of 5 to 0. Councilor Thuon was out of the room and Councilor Prince was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:36 Councilor Underwood disclosed that she holds a short-term rental license, relevant to item 5.3 as she has disclosed before. She clarified it is not a conflict of interest, only a disclosure. 4. PUBLIC COMMENT Video Start Time: 00:03:17 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. Nathan Steel commented in person. He said he works for Xcel Energy and introduced himself as a liaison between Council and the company. He provided his email and phone number. Mindy Feldman commented in person. She introduced herself as a pickleball representative and thanked Council for the amazing new pickleball courts. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 . v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Calyn Rieger, Avon Resident, commented in person. He introduced himself as a candidate running for Avon Council. No virtual comments were made. 5. BUSINESS ITEMS 5.1. EAGLE VALLEY COMMUNITY FOUNDATION PRESENTATION (MELINA VALSECIA AND DAN GODEC, EXECUTIVE DIRECTOR AND CHAIRMAN OF THE BOARD OF DIRECTORS) Video Start Time: 00:10:41 Melina Valsecia and Dan Godec, Executive Director and Chairman of the Board of Directors for the EVCF introduced themselves and presented the PPT included in the packet. Melina Valsecia expressed that about 15% of all customers that visit the MIRA bus every month are Avon residents. They answered Council questions and requested the Town's support. Dan Godec said they are hopeful to get financial support again from Avon in 2023 to continue supporting the community, especially with inflation the last 6 months. He said EVCF paid off all lunch debts for kids at school so they could keep receiving free lunch. He mentioned and thanked donors supporting this community foundation. General Government Manager Ineke de Jong provided information on the Avon Community Grants funding program. Councilor Underwood thanked the Eagle Valley Community Foundation for leading the way and supporting the community specially during the COVID-19 pandemic. Councilor Thuon also thanked them and said it is very professionally run and that they are amazing. Councilor Hardy said she encourages people to not think about their social status as it does not feel like that when they go there and said that the community is very thankful for all the work they do and the passion they put on this. 5.2. EAGLE VALLEY TRAIL COMPLETION UPDATE (KEVIN SHARKEY EAGLE COUNTY TRAILS MANAGER AND ROBIN THOMPSON, ECO TRAILS COMMITTEE MEMBER) Video Start Time: 00:24:36 Kevin Sharkey Eagle County Trails Manager and Robin Thompson, ECO Trails Committee member introduced themselves and presented the PPT included in the packet. He said they are here tonight for awareness and asking for a letter of support to go after GOCO and other grants and expressed they will be applying for 2023 Avon Community Grant funding. Mayor Pro Tern Phillips said she would like them to work with the Town's staff to add some Eagle Valley Trail signs. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Prince joined in person at 5:34 p.m. Mayor Smith Hymes asked Council if they have any objection on sending a letter of support for this organization. All Council members agreed. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Thuon mentioned a Bike-A-Thon would be a great idea to raise money. 5.3. FIRST READING: ORDINANCE 22-09 SHORT TERM RENTAL CODE TEXT AMENDMENTS (PLANNER 1+ MAX MORGAN) Video Start Time: 00:35:34 Senior Planner Jena Skinner presented and mentioned that changes recommended by Council at the last meeting are included in this first reading. Councilor Underwood made several language adjustments and requested to clarify many definitions. Councilor Thuon mentioned property rights and expressed one of his concerns is how to maintain this. Councilor Hardy responded on the property rights comment and questioned again if we want this to be a community or a resort community. She expressed she wants to do everything possible to retain a community and she is extremely in favor of this, but she is open to discuss the 42-days and the minimum of multifamily units. Mayor Smith Hymes suggested more language to be cleaned up in the ordinance. There was a lengthy discussion on the short-term and long-term rental and many Council members agreed that long-time renters cannot sub -rent to short-term renters. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve first reading of ordinance 22-09 Short Term Rental Code Text Amendments with modification as discussed tonight, to Title 5 and Title 7 of the Avon Municipal Code concerning short-term rental licenses, as well as the updated town core map and the updated short-term rental overlay map and to schedule a second reading. Councilor Hardy seconded the motion and the motion passed with a vote of 5 to 2. Councilor Prince and Councilor Thuon voted no. 5.4. FIRST READING ORDINANCE 22-10 COUNCIL COMPENSATION (TOWN MANAGER ERIC HEIL) Video Start Time: 01:33:53 Town Manager Eric Heil introduced the topic and said that Council had asked to gradually phase in the compensation increases. Deputy Town Manager Patty McKenny outlined the timeline with increases in 2024, 2026 and 2028. She then highlighted the three options for health insurance credit. Councilor Thuon expressed he as a single dad appreciates the insurance benefit for his family. Mayor Pro Tern Phillips said that the +1 and the +Family should be treated the same and that she agrees with some sort of credit for someone who does not need the insurance and saves the Town a little money. AVON REGULAR MEETING MINUTES ��O TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Underwood suggested to leave the insurance as it is as it would be best as the credit gets complicated and as a self -insured Town, the more people on the plan, the better, and she is in favor of the ordinance as written. Councilor Hardy, Councilor Andrade, and Mayor Smith Hymes supported her comments. Councilor Prince said he is in favor of the proposed increases but to strike -off the increases for 2028 column as the Town's finances are unknown and he would rather leave that to future Council to decide. Mayor Pro Tern Phillips said she is in favor of the 2028 increases column. Councilor Underwood questioned if other Town's employees have the same accommodation of declining the insurance if getting it through their spouse. Mayor Smith Hymes confirmed there is no accommodation for other employees. Councilor Prince asked if it is required for employees declining health insurance to show proof of other insurance and recommended that, if it not, the Human Resources Department incorporates this in the employee handbook. Councilor Thuon moved to approve the Ordinance 22-10 Amending Avon Municipal Code Chapter 2.04 Compensation of Council on first reading (as written, which excludes health insurance credit). Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Prince voted no and expressed he supports the increases in 2024 and 2026 but opposes the increase in 2028. 5.5. PUBLIC HEARING - SECOND READING: ORDINANCE 22-11 RECALL REGULATIONS (TOWN ATTORNEY KARL HANLON) Video Start Time: 01:54:45 Town Attorney Karl Hanlon expressed this only has a minor change in 2.9.020, where language was changed to "total ballots cast". Councilor Underwood said she requested two changes at the last meeting and those have not been incorporated and suggested more language changes and clarifications. Mayor Smith Hymes pointed out a typo and would like to give further thoughts about reimbursement of expenses, not just for those that are not recalled but also for those that are recalled, according to criminal behavior. She questioned what if a Councilor cannot defend themselves and just gives up because they do not have the money. Councilor Underwood agreed with her comment. Mayor Pro Tern Phillips mentioned that in the Municipal Code there are currently no reasons for removal of a Council member and suggested to consider adding reasons where a Council member could be asked to resign due to illegal behavior. Councilor Underwood suggested to pass this as it is written now and giving more thought and work with the Town Attorney regarding the conditions for a removal of a Councilor, and then present these two suggestions as an amendment. Mayor Smith Hymes called for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 4kvon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Underwood moved to approve Ordinance 22-11 Enacting Chapter 2.29 Recall Procedures of the Avon Municipal Code with the aforementioned changes. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. 5.6. u" Video Start Time: 02:13:51 This item was removed from the agenda. 5.7. PEER COMMUNITY COMPARISON OF REVENUES, BUDGETS AND SERVICES AND ASSESSMENTS OF REAL ESTATE COST OF OWNERSHIP (TOWN MANAGER ERIC HEIL) Video Start Time: 02:13:58 Town Manager Eric Heil presented the highlights of the fiscal analysis study update, performed by EPS (Economic & Planning Systems Inc). Councilor Underwood asked to add footnotes that some of the graphs need. Councilor Prince and Mayor Pro Tern Phillips agreed. Mayor Smith Hymes encouraged Council to think this over so they can ask the consultant when they present this again in September. Councilor Underwood said it is very confusing that the Village (at Avon) is separated from the rest of Avon and said this needs more explanation. Under the real estate transfer tax charts, Mayor Pro Tern Phillips would like to add "real estate transfer tax/real estate transfer assessment (RETA) rate" and add a separate line for "Town of Avon Primary Resident" to show how the real estate transfer tax primary residence exemption makes Avon more affordable. Town Manager Eric Heil welcomed Council to send him further comments and questions and expressed staff is targeting to meet with EPS this fall to finalize the study. 5.8. WORK SESSION: PARKING MANAGEMENT PROGRAM (PUBLIC WORKS DIRECTOR EVA WILSON) Video Start Time: 02:47:38 Public Works Director Eva Wilson took Council through the parking management work session, summarizing discussions and directions provided in past Council meetings and outlined 3 suggested options: 1) no changes to current parking 2) implement parking plan as proposed on July 261h packet or 3) implement parking plan with changes/modifications. Council had a lengthy discussion on impacts to businesses, local employees, Recreation Center patrons, park users, special events, etc. Councilor Thuon said he does not want paid parking, but he does agree with managed parking. Councilor Hardy echoed Councilor Thuon's comments and said she is against hiring additional employees for this. Councilor Thuon suggested to put a bus stop in front to the Sun & Ski store at the Traer Creek parking lot for the direct bus going to Vail in the morning for locals to park there and ride the bus which currently is not allowed. Mayor Pro Tern Phillips said that needs to be addressed as it is public parking that was built with public money. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Andrade agrees with parking management but with the resources the Town currently has and not by charging people. Mayor Pro Tern Phillips requested to do the signage consistent and expressed she is glad that there is a recognition that management is needed. She suggested giving parking passes to Westin's employees and manage the 3-hour parking. Councilor Thuon mentioned a license plate reader software, Public Works Director Eva Wilson talked about this software. Councilor Prince said that in reality, the parking issue is seasonal, and he does not agree with the personnel and the license plate reader costs, and he thinks it is not needed for the Recreation Center parking lot. He mentioned that better ideas need to be presented to address specifically the Recreation Center parking itself. Mayor Smith Hymes called for public comments and Kim Saalfeld with the Avon Library commented in person. She talked about the parking availability at the library and mentioned they monitor statistics, and about 8,000 people visit the library per month, but there are only 25 parking spaces. Mayor Pro Tern Phillips said not making changes to the current situation is not doing their job. Councilor Underwood supported option 3. Mayor Smith Hymes was in favor of the software but doing it at the minimum cost, without additional staff, if possible, at least for the first year. After Council discussion, there was a poll of 4 to 3, Councilor Prince, Councilor Andrade, Councilor Thuon, and Councilor Hardy supported option 1, no changes to current parking. 5.9. WRY Sf SSIE)N: GREFpi Hello ! S M T-RIX /Di AN R 1 i MAX IVIGR soil � ivooE vn� ivini icucTr�ra r x Video Start Time: 03:55:48 This item was removed from the agenda. 5.10. APPROVAL IGA EAGLE COUNTY FOR MUNICIPAL ELECTIONS (DEPUTY TOWN MANAGER PATTY MCKENNY) Video Start Time: 03:55:49 Deputy Town Manager Patty McKenny explained the IGA can be found in the packet and that the agreement maps out the roles and arrangements, and that this is a pretty standard agreement from election to election. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Thuon moved to approve the Eagle County Intergovernmental Agreement for the November 8, 2022 Eagle County Coordinated Election. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF JULY 26, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDATORRES) Video Start Time: 03:57:43 Mayor Pro Tem Phillips requested a change to agenda item 4 and check the tape whether the public used the word "mudslide" or "debris flow" in their comments. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 9, 2022 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Underwood moved to approve the minutes from July 26" with direction to staff to watch the tape and make that correction, if needed. Mayor Pro Tem Phillips seconded the motion. Then Councilor Prince asked under agenda item 5.3, he would like the tape reviewed to "afford living here" to see what he said exactly about Council members running for Council. The motion was adjusted to approve the minutes with direction to staff to watch the tape for both item 4 and item 5.3 and make those corrections, if needed. The motion passed with a vote of 7 to 0. 7. WRITTEN REPORTS 7.1. Draft July 19 Health & Rec Committee Meeting Minutes (General Government Intern Emily Myler) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:00:48 Councilor Andrade left the meeting at 9:01 p.m. Councilor Thuon commented on the sign on the beach that says "reserved for SUP" and said the sign needs to be moved to leave more room for general beach users. He then announced his candidacy for Town Council for 2023. Mayor Pro Tern Phillips commented that the Eagle Air Alliance met yesterday and that there is now an Austin flight in the winter. She said the EGE airport has been awarded a federal grant to bring in a low- cost carrier by next winter, and that EGE will launch the $100 rebate program again for the fall, an announcement will follow in next 8 days or so. Councilor Underwood thanked Special Events CASE Committee Danita Dempsey, Events Coordinator Chelsea Van Winkle, and the Vail Valley Foundation for Dancing in the Park last Thursday and said it was really excellent and the best event she has seen. Councilor Hardy commented that Building Official Derek Place is an excellent inspector that delivers quality work for Avon and that she has received incredible compliments. She expressed that in her job, she experiences that Avon Staff is doing a great job and making it much easier to work with the Town than in surrounding Towns. She complimented the Police Department for their personable and professional work and ended saying Avon is lucky with so many incredible employees. She said CASE Manager Danita Dempsey and her crew work so hard and last weeks' SUnsetLIVE! was awesome and that the Town's bus drivers are awesome. Mayor Smith Hymes reminded everyone that Council petition packets are available at the Avon Town Hall today through August 291h. She mentioned she saw Public Operations cleaning the culverts in Wildridge with a big machine, which was great. Councilor Thuon ended by mentioning a safety concern up on Wildridge Road. AVON REGULAR MEETING MINUTES ��O TUESDAY AUGUST 9, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:13 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.highfivemedia.org. RESPECTFULLY SUBMITTED: — b &Wf4J z o rf:A Brenda Torres, Deputy Town Clerk APPROVED: Sarah Smith Hymes Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade