TC Minutes 10-10-2023AVON REGULAR MEETING MINUTES A
TUESDAY OCTOBER 10, 2023 avon
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 Amy Phillips called the October 10, 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, Mayor Pro Tern Tamra Underwood, and Mayor Phillips. Present via Zoom was Councilor
Ruth Stanley. Absent was Councilor Chico Thuon. Also present were Planning and Zoning
Commissioners Olivia Cook, William Glaner, Brad Christianson, and Kevin Hyatt. Absent at roll
call were Commissioners Thomas Schaefer and Anthony Sekinger. Commissioner Sekinger joined
the meeting at 5:15 p.m. They were joined by Town Manager Eric Heil, Town Attorney Karl
Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva,
Police Chief Greg Daly, Human Resources Manager Karyne Spadi, Community Development
Director Matt Pielsticker, and Senior Planner Jena Skinner.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:53
Mayor Phillips initiated the meeting with the Agenda approval process. There were no
requested changes to the Agenda. Without further discussion, Mayor Pro Tern Underwood
made a motion to approve the Agenda. Councilor Andrade seconded the motion. It was
approved with a 6-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:38
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:56
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. 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 Ms. Chris Ekrem took the Podium. She stated she is a
longtime resident of Avon at Eaglebend Drive and spoke of the Eaglebend Pocket Park
improvement project. She asked that instead of making improvements to the park itself, the
Town consider adding public lighting and a sidewalk to get to the park, which she thinks is a
more important priority. Ms. Ekrem stated the absence of lighting and the sidewalk make it
dangerous for pedestrians who must walk on the street to get to the park. She then spoke of
an article in the paper related to 700 new homes to be built on the east end of Avon and asked
for maps of the project. Mayor Phillips indicated these maps will be discussed during Business
Item 5.1. of this Council Meeting. No other comment was made in person nor on Zoom.
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HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
5. BUSINESS ITEMS
5.1.Joint Work Session with PZC: Introduction of State Land Board Project (Planning Director Matt
Pielsticker)
Video Start Time: 00:07:26
After a roll call of PZC Commissioners in attendance, Planning Director Matt Pielsticker and
Town Manager Eric Heil introduced Messrs. Greg Ochis and Pedro Campos with the State Land
Board, who delivered a presentation on the State Land Board's Project. Councilor Andrade
asked if there have been any traffic studies for this Project and was advised by Mr. Campos that
they are in the process of obtaining them. Commissioner Glaner asked if the Land Board has
looked at incorporating the railroad railway and was advised no, the railroads do not want to
give back their right of way. Councilor Hardy asked if plans include housing such as row houses,
and suggested housing like that of Miller Ranch be favored, if possible, instead of just more
apartment complexes.
Councilor Carroll asked who will define the deed restrictions for the project and the design of
the project itself. Town Manager Eric Heil answered that the Town will define the deed
restrictions and the Town will want a mix of types of homes. He added the rezoning aspect will
be the easier part of the process of this project.
Mayor Pro Tern Underwood asked if the project could exceed two hundred units and was
advised by Town Manager Heil that it cannot due to existing fire code regulations. Mayor
Phillips shared her angst surrounding pedestrian walkways on U.S. Route 6 to access bus stops
for the project. She suggested that the building design embrace the outdoors, have step backs,
and have the deck face the river instead of the parking lot, all of which could enhance user
experience.
At the conclusion of the Land Board presentation, Town Manager Heil delivered his and
Planning Director Pielsticker's presentation to Councilors on the process of annexation.
Commissioner Cook noted that she is an employee of the State and stated that the State of
Colorado may have the ability to pay for some of the fees listed as waived under the Project.
Public comment included a letter in support of the project and annexation sent to Councilors,
PZC Commissioners, and State Land Board Commissioners by Mr. Craig Cohn, Chief Real Estate
Development Officer & SVP of Vail Health who noted this will be a hugely beneficial project for
the community and will support the housing needs they have as a large employer of the County.
Mr. Steve Coyer, resident of Mountain Star, took the podium through Zoom and voiced his
support for the annexation and the project.
Ms. Alex Gove, a business owner in Eagle Vail, took the podium and asked if the project will
impact or sever commercial leases early. She also asked for the timelines of the annexation.
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Mr. Ochis with the State Land Board said their intent is to let all existing leases run through
their full terms without them getting them severed or terminated early. She also asked if there
would be opportunities to give feedback on the project and was advised it is still too early but
there will be opportunities later.
Tim McGuire, representing Eagle Vail Metro District Board, took the podium and spoke in favor
of the project but expressed concern on the building height proposed of up to 60 feet when
existing limitations are 35 feet. He stated that 4 stories are probably more appropriate and in
keeping with the existing area and surrounding construction.
Mr. Jeff Shroll, Eagle County Manager, took the podium to speak in favor of the project. He
noted the Board of County Commissioners also supports the annexation and looks forward to
the details of the process.
No other public comment was made in person nor on Zoom.
Mayor Pro Tern Underwood shared her comments with Staff which included that this is an
ambitious project, and the Town needs to race to catch up to where the rest of the group are
with the State Land Board. She asked that Staff consider a new definition of residential high,
mid, and low -density community housing designations to update the existing zoning code so
that the project is not constrained by existing definitions. She asked her fellow Councilors and
PZC to accelerate the Town of Avon 3 Mile Plan in place for 2024 so that the long-range vision
is in place before approving the annexation.
Councilor Hardy asked if PZC Commissioners are in favor of the annexation and plan. Consensus
from the Commissioners was to support it as an overall concept, while noting the application
will get reviewed by PZC in the future. She spoke in favor of this project and the Development
Agreement's review. She also expressed agreement with Mayor Pro Tem Underwood's
comments.
Councilor Carroll asked for community engagement to keep the conversation flowing. He stated
that it is important to get it done right, not just quickly under the proposed timeline.
Councilor Stanley expressed concern about pedestrian access to Highway 6, and asked for
constant communication with the Eagle Vail Metro District to make sure information is flowing
in both directions.
No action was requested or required, and feedback was noted by Town Staff for the
preparation of the application for the annexation and project development approval with the
State Land Board.
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At 6:52 p.m. Mayor Phillips declared a 5-minute recess to allow PZC Commissioners to exit the
meeting. Council reconvened at 7.00 p.m.
S.2.Public Hearing: First Reading of Ordinance 23-06: Rezoning Slopeside to High Density
Residential (Senior Planner Jena Skinner)
Video Start Time: 01:52:24
Senior Planner Jena Skinner delivered her presentation of the First Reading of Ordinance 23-06
related to rezoning Benchmark Subdivision Tract to Residential High Density for the Slopeside
Community Housing Project. Councilor Hardy asked if there is a possibility to sell the land or go
into partnership with private entities. Town Manager Heil answered in the affirmative, but
noted building -to -sell may not be ideal for this project. He stated he believes this is a better
long-term asset to be managed under the Housing Authority. She asked if this site could be
used for anything else other than housing, to which Heil responded by noting there is no other
use yet identified by staff. Councilor Andrade asked if Staff is proposing to rezone it now to
keep all options open or if it is possible to rezone later, once there is a development concept in
place, and was advised rezoning is necessary to approach partners and apply for grants.
Mayor Pro Tern Underwood expressed that she would like to get this Ordinance tabled to an
undefined future date, and asked the Town Attorney to clarify if a public hearing was needed,
which he advised it would not be based on this item getting tabled to an undefined future date.
She agreed with Councilor Andrade that it is premature to rezone the parcel to high density
now and she requested that Council slow this proposal heavily. She said high density zoning
may be necessary in the future but not today. She requested an update to District 6's plan since
there is no contemplation that people would live in this parcel under the existing
comprehensive plan. She highlighted this parcel is a gateway to the Town and there is an
unnecessary risk that the rezoning could be misused in the future.
Mayor Pro Tern Underwood made a motion to table Ordinance 23-06 on first reading to an
undefined future date. Councilor Hardy seconded the motion. It was approved with a 6-0 vote
of those present. No public hearing or public comment was received in person nor on Zoom
based on the tabling of Ordinance 23-06 to an undefined future date.
Town Manager Eric Heil noted that Council is asking staff to update the Comp Plan and add new
definitions to the zoning code. He asked Council for a motion to direct staff to work toward that
goal, including creating community housing zone district(s) to bring back to Council that could
be more appropriate for this parcel and others such as the State Land Board's. Mayor Phillips
asked for transportation to be at the forethought of any new development, comp plan,
transportation plan, and new zoning definitions.
Mayor Pro Tern Underwood also asked staff to explore the use of mixed -use community
housing, which received support from Mayor Phillips.
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Town Manager Eric Heil indicated that they would comeback to Council with a menu of options
from the long-range housing project that will include mixed -use, low, medium, and high -density
community housing. He forecasted a conflict between maximizing density and lowering
maximum height. He mentioned 25 units per acre as a healthy goal. He proposed a timeline to
get together with PZC and work on these new definitions to get back to Council in January of
2024. Mayor Pro Tern Underwood also directed staff to explore if they can build density
bonuses into these concepts.
Mayor Pro Tern Underwood made a motion to direct staff to come back to Council, no later
than January 24, 2024, with new zone districts proposals in the Development Code of the Town,
with respect to housing, including commercial and residential mixed -use zoning, low, medium,
and high -density community housing zoning, and further directing staff to propose
amendments to the Comp Plan to address new housing areas to be rezoned. Councilor Carroll
seconded the motion. It was approved with a 6-0 vote of those present.
5.3. Work Session: Council Direction to submit Rezoning Application for East Avon Preserve (Senior
Planner Jena Skinner)
Video Start Time: 02:35:20
Senior Planner Jena Skinner delivered her presentation related to the rezoning application for
East Avon Preserve, to rezone an existing parcel of land owned by Avon from 'Public Facilities'
to 'Residential High Density' zoning. She noted it is a work session to obtain feedback from
Council. Town Manager Eric Heil added rezoning triggers the ability to request water
allocations. He added this project exceeds capacity of the water pressure service line and will
be dependent on the construction of an additional water storage tank and will need to have
conversations with the State Land Board. He suggested Council amended the motion presented
to include the new housing zone districts to be defined, and not include the definition of
residential high density as presented in the motion on the packet.
Mayor Pro Tern Underwood noted this is a small 4-acre plot. Senior Planner Skinner added that
high density is especially important for this plot and project. Councilor Hardy said she is worried
about too much high density throughout the town. She added that apartments aren't ideal,
and she wants to ensure there are a lot of different options made available to the community.
No public comment was made in person nor on Zoom. As this was a work session, no action
was taken by Council other than giving staff direction to delay rezoning until new zoning
definitions are approved by Council.
AVON REGULAR MEETING MINUTES
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HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
5.4.Work Session: Avondale Apartments Cost Comparison (Planning Director Matt Pielsticker and
Town Manager Eric Heil)
Video Start Time: 02:48:45
Planning Director Matt Pielsticker and Town Manager Eric Heil delivered their presentation
related to the Avondale Apartments cost comparison between modular construction and
panelized site -built methods for delivering the project, noting that Staff preference is to
proceed with modular construction for this project. Evan Walton with FCI Construction joined
them at the podium to answer why he believes modular construction is more favorable for this
project. He noted from a cost, quality, and scheduling standpoint, it makes more sense, adding
that the pricing for stick -built construction was more economical in the past but in the past two
years, the trend has changed, and it seems like it is comparable cost but modular has
sometimes become more cost effective.
Councilor Carroll asked why prefabricated construction costs have gone down and stick built
costs gone up, and Mr. Walton advised it is because of the labor market costs that are rising.
Councilor Andrade asked if there is a lead-time for prefab and was told 5 companies can
respond in the timeframe required for this project. Councilor Andrade expressed concerns
about the cash -up -front requirement of the prefabricated option.
No public comment was made in person nor on Zoom. All six Councilors individually voiced their
support for the Town to proceed with modular construction for this project.
5.5.Public Hearing: Second Reading of Ordinance 23-05: Amending the Avon Municipal Code to
Adopt Parking Regulations (Chief of Police Greg Daly)
Video Start Time: 03:10:01
Chief of Police Greg Daly introduced Mr. Clinton Sparks with T2 Systems who is the vendor
selected to provide a parking management system at the Town of Avon. Mr. Sparks delivered
a presentation to Council, including a demo of the T2 system. Councilor Hardy asked if signage
would include Spanish instructions for the Spanish speakers of Avon. She asked if there can be
a Spanish QR for a Spanish accessibility and asked that the language menu be made obvious.
Councilor Carroll asked if a phone number could be placed on the sign, so it is easier for those
who are less well versed with online processes. He asked whether the system would create
analytics that can be reviewed, and Bric Fraser advised yes, and they indicated 70% of users
prefer to text -to -pay over QR-to-pay. Mayor Phillips noted that there will be signs added and
she suggested there be Spanish only signs considered by Staff upon implementation.
Chief Daly fielded numerous questions from Mayor Pro Tem Underwood on the
implementation of the T2 system and enforcement plans in place around Town. Chief Daly then
delivered his presentation related to the Second Reading of Ordinance 23-05 Amending the
Avon Municipal Code to Adopt Parking Regulations. Mayor Phillips opened the public hearing
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portion of the meeting, and no public comment was made in person nor on Zoom. Councilor
Hardy noted she thinks one dollar is too low of an hourly amount to pay for parking.
After deliberations, Councilor Andrade made a motion to approve Ordinance 23-05, on second
reading. Councilor Carroll seconded the motion. It was approved with a 6-0 vote of those
present.
6. MINUTES
6.1.Approval of the September 26, 2023, Regular Council Meeting Minutes (Town Clerk Miguel
Jauregui Casanueva)
Video Start Time: 03:33:07
With no discussion or correction, Councilor Carroll moved to approve the Minutes from
September 26, 2023, as presented. Councilor Hardy seconded the motion. They were
approved with a 5-0 vote of those present, with Councilor Andrade abstaining from voting
based on his absence at that Council Meeting.
7. WRITTEN REPORTS
7.1.Construction Updates (Development Coordinator Emily Block)
* * Indicates topic will be discussed at future agenda's
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:34:18
Councilor Carroll shared that Sunday October 15Y, 2023, he went on a tour with the
Wildridge Trail Coalition up Forest Road 779 and to other locations on June Creek, and he
noted it was very educational. He stated it is unbelievable to see how many dead trees are
there. Councilor Stanley added it is frightening to see the dead trees and she would like to
engage the community on the idea of cutting down and removing those dead trees in the
area. Mayor Pro Tern Underwood added she has been in conversations with Planning
Director Matt Pielsticker about that issue and they have been in contact with the Forest
Service who is aware and ready to partner with the community to address it. Councilor
Carroll then asked for a reminder of how trail access is regulated to enter those trails in
the wintertime, which Chief Daly responded by noting access is restricted during winter.
Councilor Carroll added that the Avon DDA had its initial meeting on Monday, October 2,
2023. He detailed that Mr. Tony Emrick was voted Chairperson, Mr. Brandt Marrott was
voted Vice -Chairperson, Mr. Chris Neuswanger was voted Secretary, and the next Avon
DDA meetings have been scheduled at 3:00 PM on Monday, December 4th, 2023, and 3:00
PM on Monday, February 5th, 2024, both as hybrid meetings.
Councilor Hardy pointed out that the Construction Reports from Town Staff are valuable,
and she suggested the public catches up on Council Packets that are posted to review
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AVON REGULAR MEETING MINUTES
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them. She asked if the construction update could also include Village at Avon. General
Government Manager Ineke de Jong shared that access to the Construction Reports can
be found on avon.org by clicking the word 'Construction' on the top blue banner.
Mayor Phillips stated the Eagle Valley Transportation Authority which she chairs will meet
tomorrow, October 11, 2023, at noon, 12:00 p.m. in Avon Council Chambers for their
meeting, and she expects more public participation and is excited for that.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the
regular meeting. The time was 08:50 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.
APPROVED:
Mayor Amy Phillips
Tamra Underwood
Ruth Stanley
Lindsay Hardy
RJ Andrade
Rich Carroll
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Miguel Jauregui Casof eva, Town Clerk
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