TC Minutes 05-10-2022AVON REGULAR MEETING MINUTES
TUESDAY MAY 10, 2022 ,avon
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 Liquor Authority meeting to order at 5:00 p.m. and the Council regular meeting to order
at 5:28 p.m. A roll call was taken, and Council members present in person were Lindsay Hardy, Chico
Thuon, Tamra Underwood, Scott Prince, and Amy Phillips. Councilor RJ Andrade was absent. Also present
in person were Planning Director Matt Pielsticker, Marketing and Communications Manager Liz Wood,
Sargent Jeremy Holmstrom, Recreation Director Michael Labagh, CASE Manager Danita Dempsey, Interim
Town Attorney Karl Hanlon, Town Manager Eric Heil, and Deputy Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:28:00 Part One
No changes were made to the agenda.
Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tern Phillips seconded the
motion and the motion passed with a vote of 6 to 0. Board member Andrade was absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:28:18 Part One
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:28:26 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.
Drew Dodd, Avon resident, commented in person about the pride flag. He requested to be flown for the
entire month.
Taylor Joseph Gardarian, Eagle resident, commented in person about citizen inputs and constitutional
oaths. He provided a website to visit for more information and see his oath: citizencontrol.org.
Kathy Ryan, Avon resident, commented in person. She thanked Taylor Gardarian for his previous
comments and addressing that the government is there to protect us. She talked about the situation on
Beaver Bench and how the government has not protected this property. She reminded Council that mud
season is coming up and that there is a possibility of another microburst.
5. BUSINESS ITEMS
5.1. PUBLIC HEARING: RESOLUTION 22-09ADOPTING REGIONALTRANSIT AUTHORITY INTERGOVERNMENTAL AGREEMENT
(TOWN MANAGER ERIC HEIL AND CHIEF MOBILITY OFFICER EVA WILSON)
Video Start Time: 00:43:05 Part One
Town Manager Heil presented an update on the Regional Transit Authority (RTA) formation
effort and explained that this is the second of two required public hearings and recommended
to continue this item to the May 24`h meeting as some items in the IGA are still under discussion.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 10, 2022 o n
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
He said this is a work session and no motion, only Council direction, is requested tonight. He
mentioned they just finished doing a voter polling and there is slightly over 50% in support of
sales tax and around mid-60% in support for the idea of the visitor benefit tax. Councilor
Underwood reminded staff about the changes she suggested in the first reading.
Mayor Smith Hymes called for public comments and Taylor Joseph Gardarian, Eagle resident,
commented in person. He talked about the costs of the infrastructure of a tunnel from Avon to
East Vail and real estate.
Councilor Underwood moved to continue Resolution 22-09 Adopting Regional Authority
Intergovernmental Agreement to the May 24th meeting. Mayor Pro Tem Phillips seconded that
motion and the motion passed with a vote of 5 to 0. Councilor Andrade was absent and
Councilor Thuon had stepped out of the room.
5.2. RESOLUTIONS 22-10 AND 22-11: RESTATING PUBLIC -POLICE PENSIONS (FINANCE DIRECTOR SCOTT WRIGHT)
Video Start Time: 01:15:08 Part One
Finance Director Scott Wright presented and explained the two existing boards. The Retirement
Board Attorney Kevin Paul joined in person and explained the resolutions and answered questions
from Council. He mentioned the Board met this morning and these resolutions were passed by the
Board.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Underwood moved that the Town of Avon Public Employees Money Purchase Pension Plan
be amended and restated not later than July 31, 2022, as set forth in Resolution No. 22-10. Mayor
Pro Tem Phillips seconded that motion and the motion passed with a vote of 6 to 0. Board member
Andrade was absent.
Mayor Pro Tem Phillips moved that the Town of Avon Police Officers Money Purchase Pension Plan
be amended and restated not later than July 31, 2022, as set forth in Resolution No. 22-11. Councilor
Hardy seconded that motion and the motion passed with a vote of 6 to 0. Board member Andrade
was absent.
5.3. TRACT Y DEVELOPMENT AGREEMENT (TOWN MANAGER ERIC HEIL)
Video Start Time: 01:26:45 Part One
Town Manager Heil presented and said there are some revisions followed from a previous Council
meeting in the agreement. Developer Steve MacDonald was present in person and answered several
questions from Council.
Town Manager Heil explained a revision for paragraph 5.2 in the Deed Restriction section. Councilor
Underwood requested several language changes in section 7. Councilor Prince presented different
possible scenarios. Mayor Smith Hymes expressed her concern about the Eagle County employee
definition. Town Manager Heil suggested to adjust the wording to "each unrelated adult."
AVON REGULAR MEETING MINUTES
TUESDAY MAY 10, 2022 . v O n
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
Staff will amend residency occupancy requirements to include that the resident has to meet the Eagle
County employee and other unrelated adults have to have some employment in Eagle County, some
revisions on Exhibit B and Exhibit C, and include Councilor Underwood's language requests.
Mayor Smith Hymes called for public comments and no public comments were made.
Mayor Pro Tem Phillips moved to approve Resolution 22-07 Approving a Development Agreement
with Legacy Mountain Development, LLC, for Approximately 52 Community Housing Units at Tract Y
and Approving Tax and Fee Waivers Pursuant to Chapter 3.14 of the Avon Municipal Code. Councilor
Hardy seconded that motion and the motion passed with a vote of 6 to 0. Board member Andrade
was absent.
5.4. WORK SESSION: USE TAX AND MARIJUANA TAX (FINANCE DIRECTOR SCOTT WRIGHT, FINANCE MANAGER JOEL
MCCRACKEN, PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 00:00:01 Part Two
Finance Director Scott Wright presented a PPT on use tax and answered questions from Council.
Mayor Smith Hymes polled Council and in support of proceeding with the construction materials use
tax, including a voter polling, were Mayor Pro Tern Phillips, Councilor Underwood, Councilor Hardy,
and herself. Not in support was Councilor Prince. Councilor Andrade was absent.
Planning Director Matt Pielsticker then talked about marijuana tax and showed a buffer analysis map,
which he mentioned it has been updated since November when it was first presented. He said the
schedule is similar to the use tax. He explained there are some towns that allow sale only and others
that allow sell, cultivation, and consumption.
Council consensus was to move forward, including a voter polling. Councilor Prince said this should
go straight to the ballot as his guess is that it will pass and there is no need to poll. He said he wants
to hear from the businesses in Chapel Square.
5.5. PUBLIC HEARING: RESOLUTION NO.22-08 1ST BUDGET AMENDMENT
Video Start Time: 00:51:04 Part Two
Finance Director Scott Wright presented a summary of the proposed budget revisions and the
estimated impacts to fund balances. Under the capital projects fund, Councilor Hardy asked
staff to explain the $175,810 debris flow project expense as it is not clear, and the community
constantly asks about what the Town has been doing to help with the mitigation. Councilor
Prince asked about the $50,000 for the underpass project painting as he thought it was
included. Councilor Thuon mentioned the comment he made in the last meeting about the
lighting staying on all day in the underpass. Under the mobility fund, Councilor Prince said he
does not support the parking management plan, so he does not support this resolution for that
reason.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 10, 2022 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
Mayor Pro Tern Phillips moved to approve Resolution No. 22-08 Amending the 2022 Town of
Avon Budget with the removal of the $50,000 for painting the underpass protection walkways
and the commitment that Council will receive a written report in the next packet regarding the
debris mitigation. Councilor Thuon seconded that motion and the motion passed with a vote of
5 to 1. Councilor Andrade was absent and Councilor Prince voted no.
5.6. PUBLIC HEARING: 2ND READING OF ORD 22-03 AMENDING TITLE 15 OF AVON MUNICIPAL CODE, GRADING
REVISIONS (TOWN ATTORNEY KARL HANLON)
Video Start Time: 01:12:13 Part Two
Interim Town Attorney Karl Hanlon suggested to continue this item to the first meeting in June.
Cherry Creek Manager Marcus Lindholm joined virtually and said that more specific language
will be provided.
Mayor Pro Tern Phillips moved to continue second reading of Ordinance 22 -03 Amending
Section 15.08.160 of the Avon Municipal Code Regarding Issuance of Grading Permits to the
June 141h Council meeting. Councilor Underwood seconded that motion and the motion passed
with a vote of 6 to 0. Councilor Andrade was absent.
5.7. WORK SESSION: CLIMATE ACTION STRATEGIES AND PARTNERS (SUSTAINABILITY COORDINATOR CHARLOTTE LIN)
Video Start Time: 01:15:58 Part Two
Sustainability Coordinator Charlotte Lin presented a PPT about climate actions strategies and
latest updates, including the Eagle County climate action plan timeline. Council was very
pleased with the information and suggestions she provided. Mayor Pro Tern Phillips said that
#1 priority is to get a composting grinding machinery in the Eagle County landfill. Councilor
Hardy supported her comment. Mayor Smith Hymes said that the goal would be for the Town
to have its own inventory. Councilor Underwood said that education on composting should be
included in the strategies.
5.8. NOTICE OF AWARD OF ELECTRIC VEHICLE CHARGING STATIONS (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 02:01:00 Part Two
Town Manager Heil presented and said this is one of the implementation strategies for the
climate action plan.
Councilor Underwood moved to authorize issuance of the Notice of Award for the installation
of the electric vehicle charging stations contract to the low bidder, Tri-Phase Electric, in the
amount of $136,002. Councilor Hardy seconded that motion and the motion passed with a vote
of 6 to 0. Councilor Andrade was absent.
6. MINUTES
6.1. APPROVAL OF APRIL 26, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDATORRES)
Video Start Time: 02:02:30 Part Two
Mayor Pro Tern Phillips mentioned the name of Kathy was changed to Kathleen in the public
comments section per her request. Councilor Prince pointed out a misspelling.
AVON REGULAR MEETING MINUTES
TUESDAY MAY 10, 2022
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
Councilor Underwood moved to approve the April 26, 2022 as amended. Councilor Thuon seconded
the motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent.
7. WRITTEN REPORTS
7.1. FSR 779 Grant Application Update (General Government Intern Emily Myler)
7.2. Update on East Beaver Creek Blvd in the Village (at Avon) (Town Engineer Justin Hildreth)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:03:25 Part Two
Mayor Pro Tern Phillips talked about the pride flag and messages received by Council, and she requested
to fly the flag for the entire month of June. Council agreed. Councilor Hardy mentioned that many of
those messages of support were beautiful and that she is proud and happy to live in an inclusive and
accepting community. She said that the local LGBTQ community Mountain Pride supports SURO as well
and mentioned SURO will have an event in June.
Councilor Thuon talked about the blank signs in Wildridge Road he mentioned in the last meeting. He
suggested to add a QR code to scan and direct people to see the information. He talked about the spring
clean-up and picking up landscape debris. Council talked about what items are and are not picked up.
Councilor Prince talked about the E-bike program, and he mentioned he has been following and
supporting the ban of the flavored tobacco, which failed today at the Senate. He supported posting the
pride flag.
Mayor Smith Hymes discussed about Council compensation. She explained the reasons why she wants
this to be considered and the minimum pay to be raised to reflect the amount of work all they do.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:44 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.
AVON REGULAR MEETING MINUTES Avon
TUESDAY MAY 10, 2022
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
RESPECTFULLY SUBMITTED:
Brenda Torres, Deputy Town Clerk
APPROVED:
Sarah Smith Hymes
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
DID