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TC Minutes 08-23-2023AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Avon 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 Regular Avon Town Council Meeting to order at 5:00 p.m. A roll call was taken, and all council members were present in person, Lindsay Hardy, Scott Prince, RJ Andrade, Tamra Underwood, Amy Phillips, and Chico Thuon. Also present in person were Public Works Director Eva Wilson, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker, Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Deputy Town Manager/Town Clerk Patty McKenny. 2. APPROVAL OF AGENDA Video Start Time: 00:00:28 Councilor Underwood moved to approve the agenda with no changes and Mayor Pro Tern Phillips seconded the motion and it passed unanimously (7-0). 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:00:47 Councilor Underwood disclosed she is an STR license holder which is not a conflict, just a disclosure. 4. PUBLIC COMMENT Video Start Time: 00:01:12 There were no in -person or virtual public comments. 5. BUSINESS ITEMS 5.2. Resolution 22-19: Referring Ballot Question(s) to the November 8, 2022 Ballot (Town Manager Eric Heil) Video Start Time: 00:01:44 (this item was considered before 5.1) Resolution 22-19 was presented as a council referred ballot question to the Avon voters for consideration of the formation and funding of the Eagle Valley Transportation Authority ("Transit Authority'). The ballot question combines both the formation of the Transit Authority along with a TABOR tax increase question to impose a % cent sales tax to support expanded transit service. Heil presented highlights about the formation group process with a presentation addressing the background, the purpose of the authority and enhanced services, the components and some details of the IGA, the membership required, the funding question for a sales tax increase (1/2 cent) and the two- year transition plan from ECO to EVTA. He noted the survey results from additional polling by the RTA group (New Bridge Strategy) supported the funding question. There was reference to the Fair Campaign Practices Act and what action would be allowed by elected officials and the town and what is not allowed. It was noted the town is not allowed to use town resources or funds to advocate for a ballot question. It was noted Bill Rey, consultant for the formation group, and local business community would be active with the campaign efforts. Public input was provided by several community members who supported the proposal. Chris Romer, VVP, spoke about their role as one of the stakeholders in the effort and thanked Avon for their support and participation. It was noted the regional government partners have expressed support for the ballot questions at recent meetings. Romer spoke about the education and campaign strategy which would include valley wide social media, ads, lawn signs, radio and print with Spanish emphasis, and an effort Page 1 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO to mobilize other stakeholders such as the climate action group. Mike Brown, Alpine Bank and EGE Air Alliance Board member, also expressed support for the EVTA and proposed ballot question and thanked Avon for their leadership in moving the discussions forward to hopefully what would be regional success. There was some discussion about the town's polling which supported the use of the lodging tax as the funding source for regional transit. The formation group decided to focus on the sales tax in light of the revenue it would generate which was more than a lodging tax. In addition, Eagle County would be proposing a ballot question that would use lodging tax to fund childcare. The discussion also addressed the multiple funding questions the town council considered earlier this year and it was noted there was hesitancy to send all three tax questions to the voters with preference to let voters decide on the sales tax for regional transit this November. The council also contemplated having further discussion about placing a marijuana tax question on the ballot, however, there was consensus to move forward with one question funding regional transit. There was agreement to hold a special meeting on Sept. 7 for further discussion about the topic. Mayor Pro Tern Phillips moved to approve Resolution 22-09 Referring a Ballot Question for the Formation of the Eagle Valley Transit Authority to an Election of the Town of Avon; Councilor Thuon seconded the motion and it passed unanimously (7-0). 5.1. Work Session: Early Childhood Education (Town Manager Eric Heil and Mike Imhof, Vail Valley Foundation) (15 minutes) 5:15 Video Start Time: 00:46:50 The report presented an update about the town's collaboration with the Vail Valley Foundation to develop new or expanded early childhood education facilities and programs. The packet materials included a map depicting Planning Area E, a letter from the Vail Valley Foundation, and a letter of support for the grant application from the town manager. There was council support for proceeding in partnership with Vail Valley Foundation to research and prepare conceptual designs for an Early Childhood Education facility on Planning Area E, Village (at Avon). Mike Imhof, VVF, addressed town council with comments about how the early childhood learning effort was launched by the VVF to improve the community and their desire to partner with the town would be important since Avon is the selected location for a new facility. He spoke about the business model structure and hoped that, if successful, they would launch other childcare facility / program initiatives throughout the county. Johannes Faessler, local resident, Vail business owner, and VVF Board member, spoke on behalf of the VVF noting the partnership with Avon would be necessary in order to secure the land. He spoke about collaborating regionally with governments, business community and nonprofits to help bring the project to fruition. Town Manager Heil suggested two council members serve as liaisons for the project and noted staff would be spending time on this project. Town Council supported proceeding in the planning process with VVF. There was consensus about the following comments: ■ There would be some utility challenges on the site that would need to be resolved ■ There was support to include employee housing on the site ■ There was some concern about the competition the project would create with other childcare providers however it was noted that these stakeholder groups have been involved and are supportive Page 2 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO ■ There was interest that the Village at Avon representatives be involved; it was noted that the DRB has already been made aware of the project There was no formal action required at this time. 5.3. Work Session: Business Survey Results (General Government Intern Emily Myler) Video Start Time: 01:15:52 The results of the Avon business survey was presented, a survey which was conducted from the Communications Office to gauge attitudes about community issues that impact them and their businesses. They survey contained 13 questions regarding special events, tourism, community values and climate action and was open from June 1 to June 30 with 72 business owners responding as reported by Myler. In general, the responses were very positive, and the summary of trends and data was part of the council packet materials. There was recognition for both Liz Wood and Emily Myler for initiating, launching, and analyzing the survey. The Mayor requested additional follow-up with the business community to occur mid -November. 5.4. Public Hearing: Second Reading Ordinance 22-10 Council Compensation (Deputy Town Manager Patty McKenny) Video Start Time: 01:40:48 Ordinance 22-10 increasing elected official's compensation was presented to Council on second reading; Council approved first reading of Ordinance No, 22-10 at the August 9 meeting. The ordinance addressed Council compensation increases over a period of time that would apply to future Council members. There was some concern expressed about an increase in 2028. The public hearing was opened, no comments were made, the hearing was closed. Mayor Pro Tern Phillips moved to approve Ordinance 22-10, Amending Avon Municipal Code Chapter 2.04 — Compensation of Council on second reading; Councilor Hardy seconded the motion and it passed 5 to 2 (Andrade and Prince voted no). Prince noted his opposition was around the 2028 increase to compensation. 5.5. Public Hearing: Second Reading Ordinance 22-09 Short Term Rental Code Text Amendments (Senior Planner Jena Skinner) Video Start Time: 01:46:10 The report presented the Town of Avon's application to amend the Avon Development Code and related business licensing requirements for Short Term Rentals to establish a cap on short-term rental licenses for properties within the Short Term Rental Overlay ("STRO") zone district, and outside the Town Core. There were a number of updated changes and clarifications to Ordinance 22-09 outlined, as follows: • The ordinance language now reflects the findings as found in Staff's report for Ordinance 22-09 • Other changes to the Ordinance language includes the addition of clarifying definitions pertaining to license types • Cross references have been added to the text via hyperlinks for ease of the reader, knowing that our code is an online resource • Title 5 now includes a reference to the Town Core Map as found in Title 7 Page 3 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 ayon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM c OLORADO • Specific clarifications have been added to the definitions in Title 7 including that for Property and "primary resident" references match that found for Real Estate Transfer Tax ("RETT") There was discussion about whether a renter or owner would have authority to short-term rent the unit; currently the language allows both the owner and renter the ability to apply for the STR license. It was noted there is not good data that shows the frequency of this happening, however, licensing and forms should help administer the program accordingly and begin to show actual rentals. There was support to allow renters to obtain a license and to exempt duplex units from the cap. The public hearing was opened, no comments were made, the hearing was closed. Councilor Underwood moved to approve second reading of Ordinance No. 22-09, Amending Titles 5 and 7 of the Avon Municipal Code and Town Core Map, with findings outlined in the staff memo and with modifications to to 5.04.050(g)(1) to include the term "multi family" and in 7.20.90(b)(1) eliminate the words "...outside and...; Mayor Pro Tern Phillips seconded the motion and it passed (6 -1; Prince voted no). 5.6. Work Session I: Capital Projects (Town Engineer Justin Hildreth) Video Start Time: 02:25:59 A review of the long-range Capital Improvements Projects Plan ("CIP Plan") was presented with highlights about 1) available revenues and year-end fund balances, 2) CIP Plan policies, scheduling and prioritization, 3) proposed projects (non -discretionary include projects that are required to maintain existing facilities and discretionary projects include new facilities and improvements that expand existing facilities and programs) and 4) options for Council consideration. The changes in recommended projects from 2022 to 2023 and the non -discretionary projects was the focus of the discussion. A summary of the 2024- 2027 longer range recommended projects was included with the materials as well. It was suggested to keep a fund balance in the CIP fund at $1M which required the long-range projects to remain unfunded at this time. Some comments and questions are outlined below: ■ There was support to address the bridge at West Beaver Creek Blvd. ■ There was support for maintenance along a number of trails through Avon, especially along Hurd Lane ■ There interest in better understanding the funding request for the Eagle Valley Trail, specifically a request from the county from Avon to support the final trail construction work with a $300K contribution (over two years) ■ There was support to address the old town hall site and surrounding area for some improvements ■ There were questions about the park wi-fi and why the need to budget for the program; it was note an update about broadband would be presented in the near future ■ There was not initial support for purchasing art pieces ■ There were comments about why the old firehouse structure was not repurposed to housing and it was noted that the required costs for improvements were extremely high ■ There was not support for reroofing the parks maintenance building at the park ■ There was a question about the best timing to release construction bid requests for construction companies It was noted the input would help to revise the list and another review of the CIP budget would be scheduled in the near future. Page 4 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.7. Resolution 22-16 Easement and Deed Agreement, Emergency Notification Siren located at Upper Eagle Regional Water Authority Mountain Star Water Tank property (Town Engineer Justin Hildreth) Video Start Time: 03:20:00 The agenda report addressed Resolution No. 22-16, approving an easement with the Upper Eagle Regional Water Authority for an emergency notification siren at 1875 Paintbrush, near the upper water tank in Mountain Star subdivision. There was no public comment. Councilor Thuon moved to approve Resolution No. 22-16; Mayor Pro Tern Phillips seconded the motion and it passed unanimously (7-0). 5.8. Resolution 22-17 Participating in the Eagle County 2021 International Energy Conservation Code Cohort (Sustainability Coordinator Charlotte Lin) Video Start Time: 03:25:52 The report for Resolution 22-17 establishes the Town of Avon's intent to participate in the Eagle County 2021 International Energy Conservation Code (IECC) Cohort. It was noted the purpose of adopting the Resolution were two -fold: (1) to allow the Town of Avon to receive free state -sponsored consultation to adopt the latest building codes and (2) to demonstrate Avon's commitment to the Climate Action Collaborative as a participating municipality in Eagle County. There was no public comment. Councilor Thuon moved to approve the Resolution 22-17, Participating in the Eagle County 2021 International Energy Conservation Code Cohort; Mayor Pro Tern Phillips seconded that motion and it passed unanimously (7-0). 5.9. Work Session: Development Bonus Code Text Changes (Planning Director Matt Pielsticker) Video Start Time: 03:35:25 This report suggested a review of the town's development code with some possible changes which would help create a more flexible development review process. There would be discussion about how to allow additional development rights when a project provides meaningful community benefits. Pielsticker noted earlier versions of a Development Bonus process were presented to the Town Council in 2010 during the unified land use code adoption, and again in 2019 when Inclusionary Zoning was reintroduced. However, both times these incentives were removed from consideration based on Town Council direction. With the housing crisis looming, it seemed the discussion might help foster some support for create more community housing units as part of a flexible review process. He requested a future work session to solicit input and dialogue on the draft regulations. Councilor Underwood suggested creating a different tone to the requirements that would have a focus on improving and providing benefits for the community. In addition, there was support to add revisions that would address and align with the town's comp plan and other long term goals and objectives. Councilor Hardy moved to initiate the code text amendments; Councilor Prince seconded the motion and it passed unanimously (7-0). 6. MINUTES 6.1. Approval of August 9, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) Video Start Time: 03:46:37 Mayor Pro Tern Phillips moved to approve the minutes with one correction to strike the word "interm" used before Town Attorney; Councilor Hardy seconded the motion and it passed unanimously (7-0). Page 5 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 AVon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Draft July 20 Finance Committee Meeting Minutes (Deputy Town Manager Patty McKenny) 7.3. Salute to the USA Update (CASE Manager Danita Dempsey) 7.4. Open Water Swim Meet Update (Recreation Director Michael Labagh) 7.5. 2023 Community Grant Funding Recommendation (General Government Manager Ineke de Jong) ** Indicates topic will be discussed at future agenda's MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:00 Video Start Time: 03:47:58 Mayor Pro Tern Phillips expressed she would not support a special meeting on Sept. 7 to continue discussions about referring a marijuana tax question to the ballot because she changed her mind about supporting a ballot measure for marijuana tax. Mayor Pro Tern Phillips moved to not have a special meeting on Sept. 7; Councilor Prince seconded the motion and it passed (Phillips; Prince, Underwood, Smith Hymes supported the motion; Andrade, Hardy and Thuon opposed the motion). The special meeting slated for Sept. 7 would not be scheduled. Councilor Thuon asked when the Town would make a statement about water conservation and drought. Heil noted the town defers to the water authority for guidance and regulations and town staff will review and draft best practices guidelines for water irrigation and conservation for council consideration in the future. 9. EXECUTIVE SESSION Video Start Time: 03:59:50 9.1.Councilor Underwood moved to convene to an executive session pursuant to CRS 24-6-402(4)(a) and (e)regarding the purchase, acquisition, lease, transfer, or sale of any property interest and for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; more specifically regarding the acquisition of employee housing; Councilor Andrade seconded the motion and it passed unanimously (7-0). Others present included: Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong and Deputy Town Manager/Town Clerk Patty McKenny. The session was held in the Holy Cross meeting room beginning at 9:05 pm and ending at 9:24 pm. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting at 9:24 p.m. Page 6 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 23, 2022 &von HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM cOLORACO 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. APPROVED: fAA aq A Sar4iSmith Hymes, Mayor Avon Council Members: Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade RESPECTFULLY SUBMITTED BY: ,�" C_ Patty McK ny, Town Clerk I Deputy Town Manager Page 7