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TC Minutes 11-15-2022AVON REGULAR MEETING MINUTES Avon TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:01:15 The meeting was hosted in person, at Avon Town Hall Council Chambers. Mayor Smith Hymes called the November 15, 2022 Council regular meeting to order at 5 p.m. A roll call was taken, and Council members present were Sarah Smith Hymes, Tamra Underwood, RJ Andrade, Lindsay Hardy, Amy Phillips, Scott Prince and Chico Thuon. Also present in person were: Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief of Police Greg Daly, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Deputy Town Clerk Brenda Torres, Finance Director Scott Wright, Town Engineer Justin Hildreth, John Weiss, Eagle County Gives Collaborative, and Town Planner Max Morgan. 2. APPROVAL OF AGENDA Video Start Time: 1:35 Mayor Smith Hymes initiated the meeting with the Agenda approval process. Councilor Underwood requested a change in the Agenda to move Item 7.1 after Item 5.3. Mayor Pro Tern Phillips moved to approve the Agenda with the change requested. Councilor Hardy seconded the motion to Approve the agenda. It was approved with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 2:14 Mayor Smith Hymes asked if there were any conflicts of interest related to the Agenda and no conflicts of interest were discussed or disclosed by Councilors. 4. PUBLIC COMMENT Video Start Time: 2:27 Mayor Smith Hymes explained how to participate in the meeting via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda. She added participation by members of the public is limited to 3 minutes. Mayor Smith Hymes called for public comments and Linn Brooks, outgoing General Manager of the Eagle River Water and Sanitation District spoke to Council and introduced her successor, Siri Roman. Roman stated that she's excited to represent ERWSD and has worked on the Avon wastewater treatment project. She added she looks forward to inviting Council for a tour of the new facility. Linn took the podium for an additional minute to read a letter from ERWASD in support of the new Avon landscaping standards, a copy of which was added to the record. Page 1 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM c 0 L 0 r A D 0 On Zoom, there were no public comments. This concluded public comment. 5. BUSINESS ITEMS 5.1. PROCLAMATION EAGLE COUNTY GIVES DAY 2022 (JOHN WEISS, EAGLE COUNTY GIVES COLLABORATIVE) Video Start Time: 7:57 Avon resident Michelle Stecher took the podium with other non-profit organization representatives to share that since 2010 Eagle Valley Gives has given support to different nonprofits local to the Valley. She stated contributions will benefit over 60 different organizations and the 24-hour event connects donors with organizations. She concluded by sharing the Eagle Valley Gives website which is eaglecountycoloradogives.org or coloradogives.org Councilor Underwood asked those at the podium to introduce themselves. Stecher stated she works with Mountain Youth, Christine Homberg with Foresight Ski Guides, Tsu Wolin -Brown with the Salvation Army, and Jen Rogus with Bright Future Foundation. Mayor Smith Hymes read the Eagle County Gives Day Proclamation into the record, and proclaimed Tuesday December 6, 2022 as Colorado Gives Day. 5.2. RESOLUTION 22-24 SUPPORT SUBMITTAL OF THE BENCHMARK RESERVOIR CONSERVATION AND OUTREACH PROJECT APPLICATION FOR THE GRANT PROGRAM OFFERED BY THE COLORADO WATER CONSERVATION BOARD'S COLORADO WATER PLAN PROGRAM (TOWN MANAGER ERIC HEIL) Video Start Time: 14:34 Town Manager Eric Heil presented Resolution No. 22-24 for the approval of the grant application for submittal to the Colorado Water Conservation Board (CWCB), which if awarded, would help fund the design component of the replacement of Avon's current irrigation system. Town Manager Heil asked that if Council approve this Resolution, they do so allowing him discretion for the Mayor and he to file the grant application with any changes needed on or before December 15Y, 2022. He added that the purpose of the grant is to improve irrigation systems and diminish water consumption for better water conservation. Councilor Underwood said she is in favor of the grant and asked for caution on the correct use of the name of the reservoir, since there is some naming confusion in different materials. Town Manager Heil stated that there is a disconnect between what the State calls the reservoir and what the Town calls it. He stated he will ensure that there's no confusion when applying for the grant. Mayor Smith Hymes stated that in reading through the irrigation report, she is happy that the GIS position is being created to locate where all water lines and irrigation systems are. Councilor Andrade stated he felt it was put in the report to sway his vote against the new GIS position. Mayor Smith Hymes asked if the grant application consultant will be used for this application and Town Manager Heil answered no, the consultant will focus on big ticket grants. Page 2 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 ' HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM C 0 L 0 R A o 0 Mayor Smith Hymes called for public comments and none were made. After deliberations and public comments, Town Council took a vote on the adoption of Resolution No. 22-24 which authorizes and supports the application process for the Benchmark Reservoir Conservation and Outreach Project. Councilor Thuon moved to approve the Resolution. Mayor Pro Tern Phillips seconded the approval of the Resolution. The Resolution was approved with a vote of 7-0. 5.3. Public Hearing: Proposed 2023 Budget (Finance Director Scott Wright and Town Engineer Justin Hildreth) Video Start Time: 23:17 Town Manager Heil stated Finance Director Wright was at a conference and that he would present on his behalf. He walked Council through the 2023 proposed budget presentation. Town Engineer Justin Hildreth then presented the 2023 capital projects section of the presentation. Town Manager Heil detailed the status of funding the US6 Pedestrian Safety Project (Stonebridge Roundabout) and discussed Avon's match that was increased by $600,000 and the anticipated shortfall which he would expect Eagle County would pay. He explained the project has grown in expenses mostly due to CDOT's statutory constraints that they won't allow pedestrian crossings without going through the regulatory process of reducing the speed limit first. Deliberations from Council began with Mayor Smith Hymes asking if CDOT can pay for the increase they are causing. Town Manager Heil clarified that the addition of the roundabout is what increases the cost of the project. Councilor Phillips asked Eva Wilson which grants are being used for this project. After she explained grants available for the project and how the Town intends to mitigate the shortfall, she explained the rationale behind the design used for the project. Councilors continued discussion by analyzing which properties this project would benefit and whether they were in or out of the Town's boundaries. Councilor Underwood stated that if Eagle County won't match Town contributions the cover the shortfall, she believes the project shouldn't continue forward. Councilor Andrade suggested the Town explore an appeal process with CDOT. Town Manager Heil explained that the CDOT process is unreasonable. He said the Town will explore a solution with Colorado State Representative Dylan Roberts, whom he believes may be able to intercede on the matter. Heil added that CDOT won't reduce the speed limit from 45 to 35 mph until such time as it has verified that motorists travel at 35 mph. Councilor Thuon reflected on the cost of a life should there be an accident for lack of a crosswalk. He added that it is essential to have a crosswalk and Council should have foresight to move forward with the project because it will only get more expensive down the road. Page 3 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Andrade supported moving forward with the project and asked the Town continue to explore how to mitigate the shortfall. Mayor Pro Tern said crosswalks are important and that speed limits needs to be lowered for crosswalks to be implemented by CDOT. She added there are many who benefit from the project outside Town boundaries so County needs to step up their contributions. Town Manager Heil added there's no intention to stop the project and will explore funding options with CDOT, by asking CDOT to give a variance on existing rules to add crosswalks. Underwood said she would like all those who benefit from the project to pay their fair share. Prince said he supports staying on course, regardless of the shortfall, because pedestrian safety is a priority and there has been a death due to the existing design. That concluded the USIS Pedestrian Safety Project, and Town Manager Heil moved deliberations to capital improvements, their public bidding process, and future decisions around large and small scope projects. Mayor Pro Tern Phillips recommended local contractors be used for small scope projects to try and lessen costs. Councilor Hardy reflected on the merit of the Town waiting for the economy to slow in the hope construction costs will lower. She inquired on the Eagle River Bridge improvement project's scope and objectives. Hildreth explained improvements within the scope of the project, including drainage work for the Bridge and a storm water quality vault, replacing concrete at bus pullouts, rebuilding the sidewalk by elementary school and 8 ramp replacements, which is typical of paving projects. Councilor Hardy asked Wilson and Hildreth which measures will be taken to ensure quality control and budget management of capital improvements projects. Wilson said her philosophy is to update the public on any project change, to ensure it is transparent, accountable, and communicated. Councilor Andrade asked how many water fountains will be added for $75,000. Hildreth answered 4, but stated there are additional benefits in adding them, including rebuilding of paths and sidewalks. He then asked what $75,000 for Nottingham Park Wi-Fi covers. Hildreth answered it is to improve Wi-Fi for special events and town purposes and not for public Wi-Fi. Council asked Town Manager Heil to provide more information on the Wi-Fi project for the following council session on December 13, 2022. At the conclusion of the Capital Improvements discussion, Mayor Smith Hymes asked if the Rec Trail improvement project's costs includes construction which Hildreth confirmed it does. She closed her statement encouraging the incoming Council to find a way to build bathrooms at Nottingham beach. Mayor Smith Hymes called for public comments. There were none in person or virtually, which ended the public hearing on the 2023 budget. Page 4 AVON REGULAR MEETING MINUTES Avon TUESDAY NOVEMBER 15, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 7.1 Construction and Road Closure Update Video Start Time: 1:05:41 Based on the approved change to the Agenda, Item 7.1 Construction and Road Closure Written Report Update was opened for discussion. Councilor Underwood thanked Hildreth for the report, which she expressed was helpful. She asked if developers of projects, such as the one on Stonebridge Dr., can leave them incomplete without any consequence, even when it is an inconvenience to the neighborhood. Hildreth said the consequence is that they have to pay a new application fee. Public Operations Manager Gary Padilla came to the podium on behalf of Hildreth and stated that there are a few fees that need to get paid for a project such as that and estimated they collected approximately $7,000 for that project. He added he too was unhappy with the results and clarified there will be a better strategy to complete the project next year. Mayor Pro Tem Phillips asked if the Town could require them to complete the project before they restart it, and Padilla said that is the intent and there will be a better game plan. She then asked about the status of the pocket park at end of cul-de-sac on Eagle Bend, where the swing set was removed for utilities. Hildreth stated the park equipment will be replaced by the contractor responsible. Councilor Prince closed the discussion by asking that the Capital Improvement Projects updates include the need and rationale behind each project, and Hildreth agreed to include that information. 5.4. Town of Avon Employee Housing Policy Discussion (Town Manager Eric Heil) Video Start Time: 1:13:52 Town Manager Eric Heil stated that Councilor Andrade asked for the policy for employee housing at the Town, and that the Town did not have one yet due to the small inventory the Town owns. Town Manager Heil said he was working on some guidelines, including rentals and ownership options. He added he would like feedback from Staff to complete a proposed policy. Councilor Underwood asked that the Town policy with respect to community housing become an appendix to the broader Avon Community Housing Plan. Councilor Andrade asked for guidelines to be created hat would address "when" the Town would buy a property. He is concerned the Town is snatching up homeownership opportunities from locals. Councilor Prince stated buying units for essential workers such as police should be a priority. Mayor Pro Tem Phillips also asked for these guidelines to be formalized and was interested in Page 5 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 15, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO knowing what other local communities include in these guidelines. Councilor Thuon asked for a matrix to be created where a percentage of essential employees have access to live in town by 2026, as an example of something to work for. Heil said housing is an issue that is not going away and suggested a number of 50% for staff is appropriate for not just town staff but all employees. In response to Mayor Smith Hymes' question, Heil said this policy will prioritize housing allocation to employees based on years of service with the Town, not whether they have a family or not. 6. MINUTES 6.1. APPROVAL OF NOVEMBER 8, 2022, REGULAR COUNCIL MEETING MINUTES TOWN CLERK MIGUEL 1AUREGUI CASANUEVA) Video Start Time: 1:24:48 pm Town Clerk Miguel lauregui Casanueva presented the Regular Council Meeting Minutes dated November 8, 2022. Councilor Hardy asked that 3 typos to the Mayor's last name be corrected in the Minutes. She also expressed the need to add the Fire Marshall's nickname "Mick" when referring to him in the Minutes. She also added that "local resident" be added to Dave Dantas's introduction. Councilor Hardy said it is helpful to know if someone is a local resident and that any time there's public input, the Minutes should reflect when they are locals. After deliberations, Town Council took a vote on their approval, with the 5 corrections from Councilor Hardy. Councilor Thuon moved to approve the Minutes, as amended. Mayor Pro Tern Phillips seconded the motion for approval of the Minutes, as amended. The Minutes were approved as amended with a vote of [7-0]. 7. WRITTEN REPORTS [Agenda amended and 7.1 moved after 5.3] 7.2. Short Term Rental Re -Registration Update (Planner 1+ Max Morgan) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 1:27:06 Mayor Smith Hymes asked Council if there were any comments or meeting updates from other Councilors. Councilor Hardy spoke positively about the Town's pumpkin composting after Halloween, then asked for information on the sustainability event at the Net Zero Building Expo, which is free to the public. Page 6 AVON REGULAR MEETING MINUTES ` TUESDAY NOVEMBER 15, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM c o L o R A c 0 Town Manager Heil spoke to the details of the event. Councilor Hardy requested a group picture with outgoing council. Councilor Underwood highlighted the positive feedback on the mobility partnership between the Town and Beaver Creek related transporting skiers and restaurant workers in shuttles. Mayor Smith Hymes thanked Town staff for putting out idling education. She then celebrated the passing of the Eagle County Regional Transportation Authority. Councilor Underwood thanked Mayor Smith Hymes and Town Manager Heil for their leadership on the ECRTA. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 6:34 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: Miguel Jauregu' C anueva, Town Clerk APPROVED: Sarah Smith Hymes ��" `► \ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade Page 7