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TC Minutes 09-26-2023AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 26, 2023 . v o n 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 virtually using Zoom.us. Mayor Pro Tem Tamra Underwood called the September 26, 2023, Council regular meeting to order at 5:00 p.m. A roll call was taken, and present were Councilors Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, and Mayor Pro Tem Tamra Underwood. Mayor Amy Phillips was absent at roll call and joined the meeting in person at approximately 5:22 p.m. Councilor RJ Andrade was absent from the meeting. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Community Development Director Matt Pielsticker, Public Works Director Eva Wilson, Avon Rec Director Michael Labagh, and Mobility Manager Jim Shoun. 2. APPROVAL OF AGENDA Video Start Time: 00:00:53 Mayor Pro Tem Underwood initiated the meeting with the Agenda approval process. There were no requested changes to the Agenda. Without further discussion, Councilor Carroll made a motion to approve the Agenda. Councilor Hardy seconded the motion. It was approved with a 5-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:25 Mayor Pro Tem Underwood asked if there were any conflicts of interest related to the Agenda, and none were disclosed. At the direction of Mayor Pro Tem Underwood, Town Attorney Karl Hanlon explained how Conflicts of Interest are interpreted, dispelling a concern for a potential conflict from Councilor Carroll. 4. PUBLIC COMMENT Video Start Time: 00:02:25 Mayor Pro Tem Underwood explained that public comment can be made by participating in the meeting in person, via zoom's video/audio, via telephone, or via email. She then clarified that the 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, and no public comment was made in person nor on Zoom. 5. BUSINESS ITEMS 5.1.Presentation: Eagle Valley Community Foundation Update (Jen Beckley, Office Manager Eagle Valley Community Foundation) Video Start Time: 00:03:36 Melina Valsecia, Executive Director of the Eagle Valley Community Foundation delivered the presentation prepared by Jen Beckley related to the Eagle Valley Community Foundation's 1 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 26, 2023 A Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO update of operations and programs for the community. She noted an increase in demand of services offered and received many thanks from Council for what they do. She was joined by Luz Rios, a resident of Avon who now collaborates with the EVCF and spoke of the impact the programs from EVCF had in her life, particularly during the pandemic. No public comment was made in person nor on Zoom. 5.2.Presentation: Eagle Valley Transportation Authority Update (EVTA Director Tanya Allen) Video Start Time: 00:35:22 Tanya Allen, Director of the Eagle Valley Transportation Authority delivered her presentation related to an Eagle Valley Transportation Authority update. Council thanked Ms. Allen for all her work on the EVTA, noting how much effort has been put in place to move it forward. Ms. Allen also indicated that the EVTA is hiring administrative and driver positions and directed listeners to visit www.eaglevalleyrta.org/job-postings for more information. No public comment was made in person nor on Zoom. 5.3.Vail Valley Art Guild Rent Support Agreement (Town Manager Eric Heil) Video Start Time: 00:51:58 Town Manager Eric Heil presented an update to Council related to the Vail Valley Art Guild Rent Support Agreement. Vail Valley Art Guild Board Members were present to answer questions. Councilor Hardy expressed support for this initiative, deliberated on historical rent relief support in Avon, and reflected on the impact of this support on future Councils. Town Manager Heil reminded Council of CASE support for this strategic agreement. Melissa Nelson, president of the Board of the VVAG took the podium to indicate she is excited for the support and spoke of upcoming programs at the VVAG to those present. No public comment was made in person nor on Zoom. Councilor Thuon made a motion to approve the Support Agreement. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present. SADowntown Development Authority Candidate Interviews and Appointments to the DDA Board (Town Manager Eric Heil and Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:01:S5 Town Manager Eric Heil and Town Clerk Miguel Jauregui Casanueva introduced the topic of the formation of the Downtown Development Authority (DDA). Mayor Pro Tem Underwood presented the proposed process for interviewing the 12 candidates aspiring to fill 10 Avon DDA Board of Directors vacant seats. Before the interview process began, Mayor Pro Tern Underwood asked if there was any public comment from those in the room or virtually, and there was none. Council conducted interviews in the alphabetical order presented in the packet. After the 12-candidate interview process, Council cast the following votes: • Councilor Thuon voted yes/no as follows: Daniel Altman (No); Gregg Cooper (Yes); Tony Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (No); Wayne Hanson (Yes); Doug AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 26, 2023 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (Yes); Scott Tarbet (Yes); and, Rob Tartre (Yes). • Councilor Carroll voted yes/no as follows: Daniel Altman (No); Gregg Cooper (Yes); Tony Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (Yes); Wayne Hanson (Yes); Doug Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (No); Scott Tarbet (Yes); and, Rob Tartre (Yes). • Councilor Hardy voted yes/no as follows: Daniel Altman (No); Gregg Cooper (Yes); Tony Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (Yes); Wayne Hanson (Yes); Doug Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (Yes); Scott Tarbet (No); and, Rob Tartre (Yes). • Councilor Stanley voted yes/no as follows: Daniel Altman (Yes); Gregg Cooper (No); Tony Emrick (Yes); Matthew Fitzgerald (No); Bill Glaner (Yes); Wayne Hanson (Yes); Doug Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (Yes); Scott Tarbet (Yes); and, Rob Tartre (Yes). • Mayor Pro Tern Underwood voted yes/no as follows: Daniel Altman (No); Gregg Cooper (Yes); Tony Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (Yes); Wayne Hanson (No); Doug Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (Yes); Scott Tarbet (Yes); and, Rob Tartre (Yes). • Mayor Phillips voted yes/no as follows: Daniel Altman (No); Gregg Cooper (No); Tony Emrick (Yes); Matthew Fitzgerald (Yes); Bill Glaner (Yes); Wayne Hanson (Yes); Doug Jimenez (Yes); Marcus Lindholm (Yes); Brandt Marott (Yes); Chris Neuswanger (Yes); Scott Tarbet (Yes); and, Rob Tartre (Yes). While Deputy Town Manager Patty McKenny and Town Clerk Miguel Jauregui Casanueva tallied the results of the votes taken by Council to appoint 10 Board Members to the Avon DDA Board of Directors, Council continued with the process of nominating themselves and each other to fill the primary and alternate seats to the Board of Directors of the Avon DDA, and Councilors Thuon and Carroll self -nominated. After their vote, at approximately 6:50 p.m., Council declared a 5-minute recess for General Government Manager Ineke de Jong to tally those votes as well. This recess concluded at approximately 6:55 p.m. Once Council reconvened, the tally by Ms. De Jong noted that Councilor Carroll's nomination received 4 votes in support from Councilors Carroll, Hardy, Stanley, and Mayor Phillips, and Councilor Thuon's nomination received 2 votes in support from Councilor Thuon and Mayor Pro Tern Underwood. Once the Primary and Alternate Council seats were appointed through the tally of votes above, the Deputy Town Manager and Town Clerk brought in the tally of votes from Council to fill the 10 board seats as follows: Daniel Altman received 1 vote, Gregg Cooper received 4 votes, Tony Emrick received 6 votes, Matthew Fitzgerald received 5 votes, Bill Glaner received 5 votes, 3 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 26, 2023 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Wayne Hanson received 5 votes, Doug Jimenez received 6 votes, Marcus Lindholm received 6 votes, Brandt Marott received 6 votes, Chris Neuswanger received 5 votes, Scott Tarbet received 5 votes, and Rob Tartre received 6 votes, which totaled the 60 total votes cast by 6 Councilors present for 10 vacant seats. The names of Messrs. Tony Emrick, Matthew Fitzgerald, Bill Glaner, Wayne Hanson, Doug Jimenez, Marcus Lindholm, Brandt Marott, Chris Neuswanger, Scott Tarbet, and Rob Tartre were added to a hat for the drawing to appoint terms to these 10 candidates. Mayor Pro Tem Underwood indicated that the first 4 names drawn received a 4-year appointment, the following 2 names drawn received a 3-year appointment, the following 2 names drawn received a 2-year appointment, and the last 2 names drawn received a 1-year appointment. Mayor Phillips carried out the hat -drawing and at the conclusion, the following composition resulted from the process of appointing Board Members to the Avon DDA Board of Directors: COUNCIL TERM TROUGH JANUARY 2025 Councilor Carroll, Primary. Councilor Thuon, Alternate. TWO (2) TERMS THROUGH JUNE 30, 2024 — ONE (1) year: Name Profession DDA Terms/Notes Marcus Lindholm Finance/Real-estate Landowner First Term, 1-year Rob Tartre Sales/Supply Chain Landowner First Term, 1-year TWO (2) TERMS THROUGH JUNE 30, 2025 — TWO (2) years: Name Profession DDA Terms/Notes Doug Jimenez Finance/Real-estate Landowner First Term, 2-year Tony Emrick Sales/Technology Landowner First Term, 2-year TWO (2) TERMS THROUGH JUNE 30, 2026 — THREE (3) years: Name Profession DDA Terms/Notes Bill Glaner Landscape Architect Landowner First Term, 3-year Scott Tarbet Finance/Real-estate Landowner First Term, 3-year FOUR (4) TERMS THROUGH JUNE 30.2027 — FOUR (4) vears: Name Profession DDA Terms/Notes Wayne Hanson Data Architect Landowner First Term, 4-year Matthew Fitzgerald Real-estate Lessee First Term, 4-year Chris Neuswanger Finance/Lending Landowner First Term, 4-year Brandt Marott Hospitality Lessee First Term, 4-year 4 AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 26, 2023 4von HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Phillips made a motion to appoint to the Avon DDA Board of Directors Messrs. Lindholm and Tartre for a period to end on June 30, 2024, Jimenez and Emrick for a period to end on June 30, 2025, Glaner and Tarbet for a period to end on June 30, 2026, and Hanson, Fitzgerald, Neuswanger, and Marott for a period to end on June 30, 2027, and Councilor Carroll as primary Director and Councilor Thuon as alternate Director of the Avon DDA Board for a period to end in January, 2025. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present. At the direction of Mayor Pro Tem Underwood, Town Clerk Miguel Jauregui Casanueva swore - in the new members of the Board of Directors of the Avon DDA who recited and signed their Oath of Office. It was noted Mr. Tarbet was no longer participating on Zoom and will be sworn in later. Town Clerk Jauregui advised Mayor Pro Tem Underwood he will send the Oath by email to Messrs. Lindholm and Tarbet to formalize the process of their swearing -in. S.S.Work Session: Harry A. Nottingham Park Improvements Follow Up (Recreation Director Michael Labagh) Video Start Time: 01:58:15 Recreation Director Michael Labagh delivered a presentation related to Harry A. Nottingham Park Improvements. Mayor Phillips asked Mr. Labagh to remind the public where to take the survey related to the plan to transform the Eaglebend Pocket Park which can be found at www.avon.org/eaglebendpark. Councilors had ample discussion on a -bike use at the park, including seasonal signage and education. Mayor Pro Tem Underwood asked for Mr. Labagh's insights on a -bikes and to remind the public that Class I and II a -bikes are permitted in Nottingham Park and Class III are not permitted. Council direction to Mr. Labagh was to explore maintaining existing dismount zones at the park and adding dismount proposals for Council's review. Councilor Thuon asked Mr. Labagh to explore what policies could be put in place to impose a speed limit in the bike paths at the park, which received support from Mayor Phillips and Mayor Pro Tem Underwood. Councilor Thuon asked Avon Police Chief Greg Daly to educate the public on rules of the road for cyclists and noted he would be willing to spearhead an education project such as this. During public comment, Wayne Hanson, resident of Avon took the podium and asked if e-bikes have speedometers and was advised they do. He added when he was growing up, Police Departments gave out classes on rules of the road for cyclists that came with a certificate. No other public comment was made in person nor on Zoom. Additional discussion was had around lake aeration and whether it is routine maintenance or an expense of CIP, which consensus was it is routine maintenance to maintain the lives of fish in the lake. Councilor Hardy closed remarks with a request for more seating and benches at the park which would be useful during for Sunset Live along with manicuring some bushes next to the boat -ramp that appear neglected. 5 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 26, 2023 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.6.Work Session: EV Charging Update (Mobility Manager Jim Shoun) Video Start Time: 02:28:16 Mobility Manager Jim Shoun delivered a presentation related to EV Charging at the Town of Avon. Mayor Pro Tem Underwood asked if end -users would pay same price per kilowatt, regardless of speed of charging and was advised that this is staff recommendation. Councilor Carroll asked about downtime EV Chargers experienced and Mr. Shoun noted that Lake Street chargers experienced downtime due to an electrical issue in the street. Councilor Carroll asked additional questions on data that can be produced by using EV Charging stations. Town Manager Heil indicated rationale behind the pricing strategy, including charging incentives. No public comment was made in person nor on Zoom. Council deliberated on the pros and cons of options A, B and C. Councilor Carroll proposed a new option D, free charging all day and paid during peak times once these come into effect by Holy Cross Energy. Councilors Hardy, Thuon, Mayor Pro Tem Underwood and Mayor Phillips spoke in support of Option A. Councilor Stanley did not favor any option. Mayor Pro Tem Underwood made a motion to adopt staff recommendation under Option A, starting November 1, 2023, which refers to raising the fee to $0.17/kWh off-peak and $0.35/kWh peak. Councilor Hardy seconded the motion. It was approved with a 5-1 vote of those present with Councilor Carroll voting nay. 5.7.First Reading of Ordinance 23-05: Amending the Avon Municipal Code to Adopt Parking Regulations (Chief of Police Greg Daly) Video Start Time: 02:52:22 Chief Greg Daly delivered a presentation related to the First Reading of Ordinance 23-05, seeking to amend the Avon Municipal Code to adopt parking regulations. Council inquired on issues of free parking, 3-hour time limited free parking at certain locations, future parking enforcement, and the communication strategy for the public to get educated by these changes. Mayor Pro Tem Underwood asked the Town Attorney to amend the ordinance to include the cost of collections on unpaid fines. She noted in the last paragraph of the ordinance, the word 'excess' should be deleted. Councilor Carroll encouraged Police Chief Daly to issue warnings first before tickets. Town Manager Heil indicated the intention is to commence enforcement when the ski season starts. Public comment included that of Mr. Wayne Hanson, Avon Resident, who asked if locals could get warnings and non -locals could get ticketed. Town Manager Heil noted this violates the equal protection clause of the Constitution and was not possible. No other public comment was made in person nor on Zoom. Mayor Pro Tem indicated she will send her written corrections to the first reading of the Ordinance to the Town Attorney Karl Hanlon and Police Chief Greg Daly so that they get M AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 26, 2023 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO included in the second reading. These included extending a certain period to 45 days, adding recovery of cost of collection through an agency, renumbering certain paragraphs, editing the last paragraph to read 'Avon Police Officer, Code Enforcement Officer, or Parking Enforcement Officer' and continue with existing text. Councilor Thuon made a motion to approve Ordinance 23-05 on first reading, with the addition of the corrections indicated by Mayor Pro Tern Underwood. Mayor Pro Tern Underwood seconded the motion. It was approved with a 6-0 vote of those present. 6. MINUTES 6.1.Approval of Sept 12, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 03:18:26 With no discussion or correction, Councilor Thuon moved to approve the Minutes from September 12, 2023, as presented. Councilor Hardy seconded the motion. They were approved with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1.Planning & Zoning Commission September 19th Abstract (Planner 1+ Max Morgan) 7.2.Monthly Financials (Senior Accountant Dean Stockdale) 7.3.Draft September 12 Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) 7.4.Appointing former Finance Director Scott Wright to serve on the Colotrust board (Finance Director Paul Redmond) 7.5.Gift Reporting for Vail Valley Brew -Au Tickets (Town Clerk Miguel Jauregui Casanueva) * * Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:19:05 Mayor Phillips reminded the public of the Budget Retreat to be held on Tuesday, October 17, 2023. Councilor Stanley shared she attended a CASE the week prior and believes marketing for special events at the Town is not adequate. She noted that CASE is considering an intern to handle social media for the Town next summer but will continue as is through Winter. Town Manager Eric Heil mentioned there will be a joint CASE -Council meeting on October 24th, 2023, which will be a good opportunity to address this topic. Councilor Thuon noted how moved he was by the EVCF presentation and stated the price of food will go up 10-15% in the coming year. He highlighted the importance of donating as much as possible to the EVCF. Mayor Phillips added that there's an upcoming review of AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 26, 2023 4von HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO grants by Council and that will be factored in. Mayor Pro Tern Underwood suggested that the Town could explore a challenge campaign and contribute by matching those donations. She encouraged the Town Manager to explore the establishment of such a program. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:33 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.hiqhflvemedia.org. RESPECTFULLY SUBMITTED: Miguel Jaur&ui f-asanueva, Town Clerk v APPROVED: Mayor Pro Tern Tamra Underwood k4j Mayor Phillips —V Ruth Stanley Lindsay Hardy Ri ARdFade (cL� s-tA i Vl ed) Rich Carroll Chico Thuon (k6 s-e, a