TC Minutes 09-27-2022AVON REGULAR MEETING MINUTES ,avon
TUESDAY SEPTEMBER 27, 2022
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
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 Tamra Underwood, RJ Andrade, Scott Prince, Lindsay Hardy, Chico
Thuon, and Amy Phillips. Also present in person were Public Works Director Eva Wilson, Chief of Police
Greg Daly, Town Attorney Karl Hanlon, Town Manager Eric Heil, Deputy Town Manager/Town Clerk Patty
McKenny, General Government Manager Ineke de Jong, and Deputy Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:39
Town Manager Eric Heil requested to continue the public hearing for agenda item 5.5 as the price was
not ready yet. Councilor Underwood pulled agenda item 7.2 to be discussed, which Mayor Smith Hymes
added it after agenda item 5.8.
Councilor Thuon moved to approve the agenda as amended. 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: 00:02:02
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:02:22
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.
Ruth Stanley, Avon Resident, commented in person. She introduced herself and said she is running for
Council for the upcoming election on November 8th.
No virtual comments were made.
5. BUSINESS ITEMS
5.1. PUBLIC HEARING: SECOND READING ORDINANCE 22-13 ENACTING TITLE 8, CHAPTER 6 RECYCLING REQUIREMENTS
(SUSTAINABILITY COORDINATOR CHARLOTTE LIN)
Video Start Time: 00:03:37
Sustainability Coordinator Charlotte Lin presented a PPT presentation and gave a recap of the
edits requested by Council to be included in the ordinance.
Mayor Smith Hymes clarified that the current version should say "at least biweekly" frequency
and not "same as trash" as it was presented before. Councilor Underwood asked to make the
word "biweekly" clear, which means "every other week." Councilor Thuon suggested to change
the wording to "every other week." Councilor Prince asked to not use the term "cart."
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 27, 2022 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
Sustainability Coordinator Charlotte Lin mentioned that, according to the haulers, 90% of Avon
households are currently enrolled for recycling, and clarified this is only registration but it is
unknown how well people registered are recycling. Council suggested several edits and
clarifications on the language.
Mayor Smith Hymes called for public comments and Heather O'Donnell, with Waste
Management, commented virtually. She said she has been working on this ordinance with
Sustainability Coordinator Charlotte Lin and other communities. She expressed every
community has unique needs and she encouraged Council to revisit the invoicing piece. She
spoke about the hauler challenges with supplies, drivers and finding housing for those drivers.
She said the 13-month rollout is not just needed for education but also to work on supply chain
and manpower issues.
Councilor Thuon moved to approve second reading of Ordinance 22-13 thereby adopting a new
Chapter 6 of Title 8 of the Avon Municipal Code establishing recycling requirements, including
hauler reporting and universal recycling in Avon, with the changes discussed. Mayor Pro Tem
Phillips seconded the motion. Councilor Andrade wanted to note that where the Town is at now
compared to what the Town will achieve with this ordinance, is not worth the staff time. The
motion passed with a vote of 6 to 1. Councilor Andrade voted no.
5.2. WORK SESSION: HOUSING, LAND INVENTORY, ACQUISITION OF RESIDENCES SENIOR PLANNER JENA SKINNER)
Video Start Time: 00:54:12
Senior Planner Jena Skinner presented the work session and recommended to pursue all four
of the Other Potential Housing Projects as well as continue to support and advance the Pending
Community Housing Projects. Council thanked the Community Development Department for
proactively pursuing all housing initiatives.
Mayor Smith Hymes expressed she would not support expanding the Mi Casa program to
existing homeowners and mentioned the that the old fire station could be of a great use for
housing. Councilor Prince supported her comment regarding the Mi Casa program and said the
money could be spent on other housing initiatives.
5.3. WORK SESSION: LANDSCAPE REGULATIONS PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 01:33:25
Planning Director Matt Pielsticker presented a PPT presentation including water related projects,
current landscaping regulations, goals, and water budgeting. He expressed staff recommends that
the Town pursue code text amendment to modify Avon's landscaping regulations. Town Manager
Eric Heil explained that if there is an interest by Council tonight to direct staff to submit an application
to the Planning Commission, staff will then present their recommendations to Council on a first
reading of an ordinance.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 27, 2022
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
Councilor Thuon mentioned dry landscaping. Councilor Hardy requested staff to review the
regulation on section (G)(4). Councilor Underwood talked about water in Nottingham Park and
suggested the Town to get registered and perhaps get a membership at the Colorado Native Plant
Society. Mayor Smith Hymes said it is a priority to address existing development more than future
development and asked to also address turf.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Thuon moved to initiate Code Text Amendments for the purpose of updating the Town's
Landscaping Standards, as outlined by staff and the changes recommended by Council. Mayor Pro
Tern Phillips seconded the motion and the motion passed with a vote of 7 to 0.
5.4. FRONTGATE DEED RESTRICTION APPROVAL (PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 02:04:52
Planning Director Matt Pielsticker presented the deed restriction agreement for approval.
Councilor Andrade commented on Section (C)(ii), he said he would like the 90 days limit to seek
reemployment after loss of full-time employment to be changed to 180 days with a review option.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Thuon moved to approve the Deed Restriction Agreement for two (2) units in the Frontgate
project as presented with changes. Councilor Andrade seconded the motion and the motion passed
with a vote of 7 to 0.
5.5. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-14 AUTHORIZING THE PURCHASE OF SHERWOOD
MEADOWS UNIT 1B (TOWN MANAGER ERIC HEIL)
Video Start Time: 02:09:45
This agenda item was not ready for discussion tonight and it was continued, but Mayor Smith
Hymes opened the public comment since this item had been noticed as a Public Hearing.
Mayor Smith Hymes called for public comments and no public comments were made.
Mayor Pro Tern Phillips moved to continue second reading of Ordinance 22-14 to the October
111h Council meeting. Councilor Andrade seconded the motion and the motion passed with a
vote of 7 to 0.
5.6. HARRY A. NOTTINGHAM PARK SUMMER ACTIVITIES (RECREATION DIRECTOR MICHAEL LABAGH)
Video Start Time: 02:10:52
Recreation Director Michael Labagh presented a PPT presentation included in the packet with
a reflection and summary of the Recreation Department programs and summer activities.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 27, 2022 Av O n
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
Councilor Andrade talked about the dogs off -leash area and dog signage. Mayor Pro Tem Phillips
mentioned the safety of the detention pond informal path. Mayor Smith Hymes suggested to
close it, but Councilor Hardy expressed that there could be a very cool element to be added in
here, considering people safety and ADA, as it is a very interesting unique area. Mayor Pro Tem
Phillips said it just does not work as it is now and it is unsafe. Councilor Thuon suggested to
build an inexpensive bridge similar to one in Beaver Creek, with very low maintenance and cost
with the Town's own equipment and staff labor.
Mayor Pro Tem Phillips expressed this report presented tonight is great and that she really
appreciates the cross -departmental collaboration. She said the fitness court should be
maintained where it is for now. Councilor Underwood supported her comment on the
departments collaboration and talked about pedestrian connection paths to Lift View and the
water treatment plant and the south lake landscaping. Councilor Thuon suggested to add
benches throughout the park.
5.7. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-15 ENACTING DEVELOPMENT BONUS REGULATIONS
(PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 02:49:42
Planning Director Matt Pielsticker presented second reading of Ordinance 22-15.
Councilor Underwood thanked him for all the changes and expressed it looks terrific.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Thuon moved to approve second reading of Ordinance 22-15 approving Code Text
Amendments for Development Bonuses. Mayor Pro Tem Phillips seconded the motion and the
motion passed with a vote of 7 to 0.
5.8. NOTICE OF AWARD FOR Bus SHELTER PAD CONSTRUCTION (PROJECT ENGINEER Tim THOMPSON)
Video Start Time: 02:51:51
Project Engineer Tim Thompson presented the Notice of Award for 6 Bus Shelter Pads and
explained the map with the bus shelters' locations.
Councilor Hardy expressed her concern with the $20K for the design of the concrete pads.
Councilor Prince supported her comment. Mayor Smith Hymes asked if there was any grant
available for this project. Public Works Director Eva Wilson said the Town applied last year but
did not get this grant.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Thuon moved to authorize issuance of the Notice of Award for the bus shelters pads
construction to the low bidder, Hess Contracting, in the amount of $203,969 and adjust the
project budget to $462,550. Mayor Pro Tem Phillips seconded the motion and the motion
passed with a vote of 7 to 0.
AVON REGULAR MEETING MINUTES Avo n
TUESDAY SEPTEMBER 27, 2022
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
7.2. PULLED WRITTEN REPORT: SHORT TERM RENTAL (STR) UPDATE (PLANNER 1+ MAX MORGAN)
Video Start Time: 03:01:58
Councilor Underwood mentioned she is an amateur user of MuniRevs when she has to pay for
her STR license fee and expressed concern for the rollout of this program as this is not a good
platform to do something so sensitive.
Senior Planner Jena Skinner explained there will be more personal touches with Planner 1+ Max
Morgan and Senior Accountant Dean Stockdale before the user goes to the portal. Town
Manager Eric Heil said that staff has been working with the MuniRevs team to be the best it can
be, and that staff is committed to taking feedback and helping homeowners on a one-on-one
basis.
Mayor Pro Tern Phillips requested to use "no cap" to make it less confusing for the number of
licenses available in the Short -Term Rental Overlay and Town Core Map captions. She also
requested to sort the Short -Term Rental License Report by property address and add a column
to say the maximum number of STR licenses available. Councilor Hardy pointed out again that
it should say "an STR" instead of "a STR." Councilor Prince asked why the date of birth is
required in the application. He asked to clarify that the number of 42 nights are per calendar
year on page 184 #2 and to reword the next two bullets down.
6. MINUTES
6.1. APPROVAL OF SEPTEMBER 13, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES)
Video Start Time: 03:13:41
Councilor Underwood moved to approve the minutes from September 13, 2022 as presented.
Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 0.
Councilor Thuon abstained as he was absent in that meeting.
7. WRITTEN REPORTS
7.1. Monthly Financial Report (Finance Manager Joel McCracken)
7.2. Sher+ Term Dental ICTQ1 Update (Planner 1+ MaX ME)FgaR)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:14:11
Councilor Thuon asked to repaint the white lines up to Wildridge before the winter. He said the truck
turnaround sign is really beat up and having better signage would solve a lot of issues, he asked to solve
this before the next construction starts this fall. He questioned if the Town should have a plan for
migrants and have that on the radar. Lastly, he said hello to Rich Carroll and Ruth Stanley, who are
running for Council, and both were present in person.
Councilor Hardy has also thought whether the Town would get a busload of migrants and have a plan in
place. She said the Avon Police Station should consider a safe meetup space to purchase classifieds item,
similar to Vail's.
AVON REGULAR MEETING MINUTES
TUESDAY SEPTEMBER 27, 2022 . v o n
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
She mentioned she visited the climate solutions summit in Breckenridge last week, there were many of
Eagle County representatives, and that she learned a lot and it was a great event. She said her biggest
takeaway were some quotes she wanted to share: "hope has to be earned" and "Rivers work better when
they are wet" and how to behave in delicate environment like the coral reef could be applied here. She
said that South Lake Tahoe banned plastic water bottles.
Mayor Pro Tern Phillips asked if our health wellness day on October 27th can include an offer for both flu
shots and Covid-19 boosters.
Mayor Smith Hymes said she attended the Colorado Water District annual meeting, and the conclusion
is that the trajectory is the worst -case scenario is most likely to happen for the different water crisis
scenarios that were outlined. She said that it was very sobering, and that the water crisis is not potential
but upon us and we all have to work h rd on water. She agreed with Councilor Hardy that there were
tons of important information atNW*t-mg, and she learned an interesting message, that the focus
should be on the convenience for the visitors more than telling them to be a good visitor and climate
conscious messaging. She said that this past Saturday was Public Lands Day, and she attended the
speeches at Camp Hale. She closed her comments reminding everyone about the Council budget retreat.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 8:27 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:
6 JAA
d �w,
Brenda Torres, Deputy Town Clerk
APPROVED:
Sarah Smith Hymes lY�/
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade