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TC Minutes 03-28-2023A R M M VON EGULAR FETING INUTES Avon TUESDAY MARCH 28, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in -person at Avon Town Hall and using zoom. us. Mayor Amy Phillips called the March 28, 2023 Council regular meeting to order at 5:00 p.m. A roll call was taken, and present were Councilors Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tem Tamra Underwood, and absent was Councilor Chico Thuon. Also present in person were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Recreation Director Michael Labagh, Public Works Director Eva Wilson, Sustainability Coordinators Charlotte Lin and Sarah Smith Hymes, and Human Resources Manager Karyne Spadi, and present by zoom was Richard J. Peterson-Cremer, Esq. on behalf of Town Attorney Karl Hanlon. Before the approval of the agenda, a moment of silence was requested by Councilor Stanley in memory of the tragedy that occurred at the Covenant School shooting that took place on March 27, 2023. 2. APPROVAL OF AGENDA Video Start Time: 00:02:30 Mayor Phillips initiated the meeting with the Agenda approval process. With no changes to Agenda discussed, Mayor Pro Tern Underwood presented a motion to approve the Agenda. Councilor Andrade seconded the motion. It was approved with a 6-0 unanimous vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:10 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:25 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom's video/audio, via telephone, or via email. This public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or on Zoom. Sarah Smith Hymes, resident of Wildridge, took the podium to announce to Council and the public that she is running to fill the Eagle River Water and Sanitation District (ERWSD) District 4 seat pertaining to Wildridge and Singletree. She provided information on the process of the election and the mechanics to request a ballot and vote before or on May 2"d, 2023 which can be found on the website https://www.erwsd.org/may-2-board-of-directors-election/. Josh Hall, resident of Beaver Bench Condos, took to the podium to speak of the flooding and damage the Beaver Bench Condos sustained in the mudslide that occurred in August of 2021. He urged Council to put it at the top of their list and take action to mitigate future floods. When asked by Council, Town Manager Eric Heil stated he did not have an update for Council at this time, but that he and Public Works Director Eva Wilson would work on a written report for this topic, which would be presented to Council at the April 11, 2023 Council Meeting. No further public comment was made in person or on Zoom. AVON REGULAR MEETING MINUTES TUESDAY MARCH 28, 2023 ,ovo n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLYTHROUGH ZOOM COLORADO 5. BUSINESS ITEMS 5.1. Mini presentation: Ice Skate Update (Recreation Director Michael Labagh) Video Start Time: 00:13:45 Michael Labagh delivered his presentation on ice operations at Nottingham Park for the 2023 season. Mayor Pro Tem Underwood thanked him and those involved for making this initiative a success. Councilor Stanley asked if Rec has considered offering ice skating lessons, which Labagh answered that they had explored it and did not because of the difficulty to offer lessons when weather and ice conditions can be unpredictable. No additional questions were raised, there was no public comment, and there were no further deliberations. 5.2. Mini presentation: Sustainability Videos (Sustainability Coordinator Charlotte Lin) Video Start Time: 00:20:00 Sustainability Coordinator Charlotte Lin delivered her presentation and presented sustainability videos to Councilors. No questions were raised, there was no public comment, and there were no further deliberations. 5.3. The electric grid in 2030 (Holy Cross Energy's CEO Bryan Hannegan) Video Start Time: 00:25:10 Holy Cross Energy's CEO Bryan Hannegan delivered his presentation on the ability of the electric grid to handle future electrification in Eagle County. He stated that at the end of 2022, 50% of energy provided in Eagle County came from carbon free sources. He added by the end of 2024, that number will rise to the low 90% thanks to new supply of wind and solar. He explained the last 8-10% is the hardest part, because every location of the grid needs to be able to satisfy demand that is less predictable in electrification. He alluded to smart electrification of homes and vehicles in a way that spreads energy consumption throughout the day and lessens demand when availability is limited. He advised it is best to avoid electricity consumption when market prices for electricity are high. He stated his company's goal is to accelerate climate action goals in the County as much as possible. He spoke of two 120 megawatt lines of power that run along the Valley and advised that Holy Cross Energy has been working for 7 years on getting a third 120 megawatt line to gain redundancy and avoid potential failures. This line would run from Gillman and connect to Avon through the south to have a second route of redundant electrification. Councilor Andrade asked about the timeline for this line and Hannegan stated he expects this new line will come into service in approximately 3 years once negotiations conclude with Minturn and it gets installed. He added it is typical for the process to take approximately 10 years total. Mayor Pro Tern Underwood also asked Hannegan for more background information about the redundant line project. Mayor Phillips noted there is bad press from garage fires due to installation of energy storage batteries in garages and asked if it is real problem. Hannegan stated he compares its recurrence to that of a car fire in a gas station. He spoke of runaway reactions of batteries and detailed that new batteries have cooling mechanisms that regulate charging. He suggested homeowners should err on the side of caution and obtain homeowner's insurance for storage batteries. No additional questions were raised, there was no public comment, and there were no further deliberations. 2 AVON REGULAR MEETING MINUTES TUESDAY MARCH 28, 2023 . vo n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.4. Resolution 23-05, Approving a Temporary Construction Easement Agreement for the Nottingham- Puder Ditch Repair Project (Project Engineer Tim Thompson) Video Start Time: 00:47:40 Project Engineer Tim Thompson delivered his presentation related to Resolution 23-05. Mayor Pro Tern Underwood thanked the Eagle River Presbyterian Church for being good neighbors. Councilor Carroll asked who will make sure the restoration is completed under the terms of the Agreement. Thompson stated it is his project to supervise and he is working with the Church's Building and Grounds Committee to ensure completion, noting the Chairman of the Church Committee is an architect and has the understanding and ability to sign -off on and approve the restoration on behalf of the Church. No public comment was made. Councilor Carroll presented a motion to approve the resolution. Councilor Stanley seconded the motion. It was approved with a 6-0 unanimous vote of those present. 5.5. Discussion of Senate Bill 23-213 (Town Manager Eric Heil) Video Start Time: 00:51:46 Mayor Phillips introduced the topic of discussion of SB 23-213 and said the Colorado Association of Ski Towns (CAST) are taking this to their respective Councils for discussion and feel it is important to speak in a unified voice if at all possible. Town Manager Eric Heil delivered his presentation on the topic and added it was foreseen from the Governor's office and is very front - range heavy. He characterized it as one of the most invasive and intrusive bills on local control that he has ever seen, adding Colorado typically allowed local control of construction regulations but that this is in reaction to the housing crisis. Mayor Phillips stated home rule municipality rights may very well be infringed upon. Richard J. Peterson-Cremer stated this has been a core power of municipalities in the state of Colorado. and a bill like this coming from the legislature is novel in land use, in an existing tradition of local control, but his firm will have to analyze if there can be a legal challenge. Mayor Phillips asked if the Town of Avon can react to the bill both through CAST and directly and Peterson-Cremer said the Town could engage in both. Councilor Stanley stated she is shocked that they included allowance of short term rentals which Heil stated are disallowed in ADUs. Mayor Pro Tem thanked Mayor Phillips for her work at CAST and asked if the Colorado Municipal League (CIVIL) will also have a call to action, which Heil answered in the affirmative stating CIVIL has strong position but there is limited dialogue in the Governor's office with CIVIL because they are strictly opposed to the passing of the bill so there is no middle ground to negotiate through that group. Heil added the only outspoken individual in support of the bill so far is the Mayor of Boulder. Councilor Carroll asked if there were opponents and Heil answered almost all others were opposed. Councilor Andrade asked if after the bill gets passed, the Towns would have ability to 3 AVON REGULAR MEETING MINUTES TUESDAY MARCH 28, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO amend it. Heil said if it were passed, when the model code gets debated, there could be an opportunity for input. Mayor Phillips explained her takeaway is that the best alternative is to ask the Governor to slow down the task of passing the bill so that there is opportunity for feedback from mountain communities. She said this would take the form of a carefully crafted amendment. Councilor Andrade added the optics of attempting to stall a housing bill are bad, which Heil agreed with but added this bill has glaring errors, focused on the front range and does not recognize the sophisticated approach that mountain towns have implemented to solve housing issues in resort towns. Mayor Pro Tern Underwood agreed with the bad optics raised by Councilor Andrade and said there needs to be a PR strategy in place with any attempt at crafting an amendment. Councilor Carroll stated his agreement with Councilor Andrade and Mayor Pro Tern Underwood and added his concern for water allocations in the community. Consensus was that the bill cannot be supported as presented. Mayor Phillips said there needs to be careful coordination between Councilors on who will reach out to our State Representatives to voice concerns tactically and effectively. With no further deliberations, Heil stated his desire for a motion approving him and Mayor Phillips to act as needed on behalf of Council in matters related to this bill and its amendment proposals, both at CAST and elsewhere. No public comment was made. Mayor Pro Tern Underwood presented a motion in the terms outlined in the paragraph above. Councilor Hardy seconded the motion and public comment was announced. During Public Comment, Sarah Smith Hymes took the podium and wondered why there is certainty that the bill is going to pass. Heil answered it is based on his legislative experience and understanding that there is a lot of pressure for the Governor to act boldly to solve the housing crisis in Colorado, but that he feels like they're jumping off a cliff in doing so. He summarized why the bill is out of touch with ski resort towns and their efforts to solve the housing crisis but added that he and Mayor Phillips will do what they can, and the Governor and legislature may or may not listen. Councilor Carroll asked if front range lobbyists could help educate the public on the bill's errors in Denver papers and news stations. Heil explained that it depends on what CAST decides to do but front range news stations may be happy to cover the issue in the news. 4 AVON REGULAR MEETING MINUTES TUESDAY MARCH 28, 2023 AV %M.A n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO At 6:35 p.m., it was noted that there were zoom connectivity issues and no public comment could be made from that point forward but that there had been no public participation on zoom since the start of the meeting. With consensus from Council, the regular meeting proceeded without public participation by zoom and without attendance by zoom of Richard J. Peterson-Cremer, Esq., delegate of Town Attorney Karl Hanlon. Note was made that Council would reconnect with Peterson-Cremer by video during executive session. With no further discussion, the motion was approved with a 6-0 unanimous vote of those present. 6. MINUTES Approval of February 28, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:36:55 pm With no discussion or correction, Councilor Carroll moved to approve the Minutes from March 14, 2023, as presented. Mayor Pro Tem Underwood seconded the motion. They were approved with a 5-0 vote of those present with Councilor Andrade abstaining. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission March 21 Abstract (Senior Planner Jena Skinner) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Community Water Plan Grant Awarded March 16, 2023 to Town of Avon for Benchmark Reservoir Conservation Project (Irrigation improvements and demonstration gardens) (Deputy Town Manager Patty McKenny) 7.4. Draft March 21 Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) ** Indicates topic will be discussed atfuture agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:37:43 Councilor Andrade brought up his attendance to the Health and Rec meeting along with the Planning and Zoning Commission meeting and noted it had the same content presented in Business Item 5.1 so there was no more update to share with his fellow Councilors. Mayor Pro Tem Underwood stated that last Thursday was the Upper Eagle Regional Water Authority (UERWA) Meeting where Town of Avon also has seat on the Joint Water Conservation Committee. She added the water authority published their biennial water report which contains everything you need to know about the Valley's water and said she is happy to email it to Councilors. 5 AVON REGULAR MEETING MINUTES TUESDAY MARCH 28, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O P A D o Councilor Stanley invited the public to attend the "Ultimate Apres Avon Beer Festival" on April 1st, and the "Mikaela87" celebration to be held in honor of Mikaela Shiffrin's 87th Alpine Ski World Cup victory on April 2nd. Councilor Hardy spoke of her excitement to represent Avon at CAST, and spoke of her meeting with the Village at Avon adding the relationship with them is very valuable, close, and as good as can be thanks to Eric Heil. At Councilor Hardy's request, Town Manager Eric Heil updated Council on Village at Avon related topics such as hotel development, an apartment project adjacent to Piedmont Apartments that will be a little bigger, and a Rec trail that needs to be built by the developer there, citing logistical challenges, meters on irrigation pumps to monitor water usage, reservoir planning, and state land board issues, among others. Mayor Phillips mentioned the upcoming April 4th PZC joint meeting, walked through the Agenda and invited her fellow Councilors to attend. She thanked Councilors and Staff for the last public meeting for La Zona where many with the PZC gave valuable input. Here, Heil stated the overall goal of the project is to figure out consensus of what Avon wants to see and what it can afford to do. He added the mission is to figure out something reasonable that makes sense, is affordable, and can be presented to PZC for approval before going to Council. When asked, he said the old fire station is currently used as storage for snowplows, but the Town is working on a concurrent plan for a PW facility to be in place and allow storage of those plows late in fall of 2024. He then spoke of the Lot 5 housing design and the preliminary designs for the Swift Gulch project that will be presented. 9. EXECUTIVE SESSION 9.1. An Executive Session pursuant to C.R.S. 24-6-402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiation; develop strategies for negotiation; instructing negotiators. More specifically, relating to State Land Board lands, Lot B and the Purchase of Bronze Art Statues. Video Start Time: 01:51:13 pm With no further discussion, at 6:52 p.m. Councilor Carroll moved to enter Council's executive session and relocate to the Holy Cross meeting room. Mayor Pro Tern Underwood seconded the motion. It was approved with a 6-0 unanimous vote of those present. The recording concluded with Mayor Phillips advising the public that no further action will be taken after executive session. In addition to all Councilors present at roll call, present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, and General Government Manager Ineke de Jong, and present by zoom was Richard J. Peterson-Cremer, Esq. on behalf of Town Attorney Karl Hanlon. The session was held in the Holy Cross meeting room beginning at 7:02 p.m. and ending at 8:01 p.m. AVON REGULAR MEETING MINUTES ��O TUESDAY MARCH 28, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:08 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.highfivemedic.org. t APPROVED: Mayor Amy Phillips _ Tamra Underwood RJ Andrade Lindsay Hardy Ruth Stanley Rich Carroll Absent: Chico Thuon 7 ESPECTFUL UBM ITTED: Miguel Jauregui as nueva, Town Clerk