TC Minutes 01-23-2024AVON REGULAR MEETING MINUTES
TUESDAY JANUARY 23, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in -person at Avon Town Hall and virtually via
Zoom.us. Mayor Amy Phillips called the January 23, 2024, Council regular meeting to order at
5:02 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll,
Lindsay Hardy, Ruth Stanley, Mayor Pro Tern Tamra Underwood, and Mayor Amy Phillips.
Councilor RJ Andrade joined the meeting in person at 5:22 p.m. They were joined by Town
Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke
de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Avon Rec
Director Michael Labagh, Planning Manager Jena Skinner, Housing Long Range Planner Patti
Liermann, and Avon Police Chief Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:50
Mayor Phillips initiated the meeting with the Agenda approval process. Without further
discussion, Mayor Pro Tern Underwood motioned to approve the Agenda, as presented.
Councilor Thuon 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: 00:01:07
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:23
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 virtually.
Kim Schlaepfer, resident of unincorporated Eagle County neighboring Avon, took the podium
to provide feedback to Council on the stop light approved on Highway 6 at the Stonebridge
Intersection. She stated she is an advocate of pedestrian infrastructure and safety but is
disappointed in the decision from Council to support the addition of the stop light which she
sees as a backward solution. She highlighted that at the community meetings held around this
topic, consensus was against having a stop light, and she explained the reasons why she and
her neighbors opposed it. She closed her remarks asking Council to reconsider their decision.
Tom Boyd, resident of Edwards, took the podium to advise Council and the public that he is
running for County Commissioner District 2. He mentioned ongoing projects in Avon and the
use of public -private partnerships and gave a brief synopsis of his professional experience.
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Seth Levy, resident of Eagle, took the podium to ask why the flag policy issue is not on the
Agenda now that the Town has an Interim Town Attorney. He reiterated concerns over the
issue and asked Council to get it added soon to an upcoming Agenda.
Jenny Hetei, owner of the Portofino Jewelry Store in Avon, took the podium to speak of her
concerns of the three grills, lack of ventilation, and mismanaged grease traps at Nozawa
Restaurant. She asked that her concern be put on record and addressed by the Town.
Tim McMahon, resident of Avon, took the podium to speak of the Colorado Sunshine Law and
ask the minutes of the recent Council Meetings be made public asap. He then spoke of the flag
policy issue and asked that Council make it a priority to address it.
No other public comment was made in person nor virtually.
5. BUSINESS ITEMS
5.1.PUBLIC HEARING: Second Reading Ordinance 24-01 Adopting Code Text Amendments to
Adopt Community Housing Zone Districts (Planning Manager Jena Skinner)
Video Start Time: 00:18:40
Planning Manager Jena Skinner delivered a presentation related to Ordinance 24-01 which
adopts and amends zoning districts. She described the new community housing zoning districts
proposed by staff and noted there is a language change included for the Intent language, under
Section 6 of the amendment which she delivered by hand to Councilors and read into the
record. Town Manager Heil also added a proposed change to amend the footnotes of 7.20-9
and 7.20-10.
Mayor Phillips opened the floor to the public hearing, and Tim McMahon, resident of Avon,
took the podium and asked if under zoning proposals the 1st floor is reserved for commercial
use and the 2nd floor is reserved for offices, if doctor's offices would be relegated to a 2nd floor
making it harder to access them. No other public comment was made in person nor virtually
which concluded the public hearing.
Mayor Pro Tern Underwood read into the record three requested amendments to Ordinance
24-02 on second reading, which staff noted as follows:
a) Under the purposes statement: in electronic page 13 of the packet, under 7.20.075 — in the
second sentence on the third line, add the words capitalized to the paragraph as follows:
"A Community Housing zone district intends to provide adequate sites for dedicated
WORKFORCE housing, which, because of the nature and characteristics of Community
Housing design and need, cannot TYPICALLY be adequately regulated by the development
standards prescribed by other standard residential zone districts, PROVIDED HOWEVER
THAT, LIKE OTHER RESIDENTIAL ZONE DISTRICTS, except that adequate light, air, PRIVACY,
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open spaces, and other amenities SUCHASACCESS TO PUBLIC TRANSIT, SCHOOLS, ETC., are
considered appropriate for this use."
b) At the end of 7.20.075 (a), subsection 4, the word "and" needs to be struck and converted
to a semicolon.
c) At the end of 7.20.075 (a), subsection 5, add the word "and" after the semicolon, and then
end subsection 6 with a period.
After deliberations, Mayor Pro Tern Underwood motioned to approve the second reading of
Ordinance 24-02, with the suggested language proposed to be added by Planning Manager Jena
Skinner relative to Subsection (a) Intent, the two changes provided by Town Manager Eric Heil
to the footnotes of 7.20-9 and 7.20-10, and the three requested changes to the general
purposes clause indicated to staff in paragraphs a), b) and c) above. Councilor Hardy seconded
the motion. It was approved unanimously with a 7-0 vote.
5.2.PUBLIC HEARING: First Reading Ordinance No. 24-02 Adopting Amendments to Avon
Comprehensive Plan to Designate Town Properties for Community Housing Use in the Future
Land Use Map (Planning Manager Jena Skinner)
Video Start Time: 00:36:30
Planning Manager Jena Skinner delivered a presentation related to Ordinance 24-02 which
updates the Avon Comprehensive Plan.
Questions from Council included Councilor Hardy asking why the proposed FLUM still has a
color scheme which she and other Councilors previously asked staff to correct. Town Manager
Eric Heil noted changing the colors in the plan in the time frame allotted would be challenging
and suggested to Councilors that they give staff leeway to adjust the colors later, when
finalizing the map with added clarity. Councilor Andrade asked a question related to the
reduction of parking. Mayor Pro Tem Underwood asked a question related to the creation of
District 12 for a small parcel of land owned by the Town. Councilor Hardy inquired on changes
to District 6 and asked if mentioning the landscape plan would be useful. Mayor Pro Tern
Underwood asked if the document could include the definition of Community Housing.
Mayor Phillips opened the floor to the public hearing and no public comment was made in
person nor virtually which concluded the public hearing.
Mayor Pro Tern Underwood provided a list of edits for Planning Manager Skinner to include in
the text of the Comprehensive Plan, ahead of a second reading of Ordinance 24-02, as follows:
a) under the future land use plan language, electronic page 32 of the packet, she would add
in the second sentence of the paragraph related to community housing the following
additions in capitalized italics and strikethroughs: "AT THAT TIME, Tthe application of
Community Housing as a use har, been WAS applied to Town -owned lands only; however,
in all zone districts, except for PUDs, Community Housing is a permitted use and is strongly
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encouraged for any residential or mixed -use developments. The specific Community
Housing Zone Districts (i.e., CHMD, CHHD 1 and 2, CHMU 1 and 21 have purposefully not
been designated in the FLUM with the intention that the appropriate SPECIFIC Community
Housing Zone District necessary for implementation will occur at the time of zoning
approval."
b) Add a footnote to bottom of electronic page 32 sending readers to the definition of
Community Housing
c) In electronic page 35, add Policy E.1.7: Encourage Community Housing Development on
non -Town -owned lands.
d) She agreed to defer the railroad corridor issue to another year.
e) In electronic page 39, relative to District 6, in the introductory paragraph where it talks
about "The area's high visibility from 1-70 makes it important to the Town's image" add ",
INCLUDING PARTICULARLY THE NORTH SIDE OF 1-70 EXIT 167 AS THE TOWNS 1-70
GATEWAY (SEE FURTHER BELOW)".
f) In electronic page 39, at the end of the last paragraph where it states ", efforts have been
made to screen the existing buildings and facilities and ensure that they blend into the
surrounding environment." add language that indicates in a professional way that "future
developments should do something similar or identical."
g) In electronic page 41, make it clear that it is District 6's Gateway Parcel to make sure the
reader knows it still refers to District 6's section and principals.
h) In electronic page 41, in the first paragraph under the diagram amend the text to state:
"„^�Cnerzlp VEHICULAR primary entrance to Avon for RESIDENTS AND visitors".
i) In electronic page 41, in the second paragraph relative to Gateway Design Principles, add a
bullet in professional language to indicate that massing of buildings should be appropriate
for the existing neighborhood which needs to be considered.
j) She asked for additional language to be added to the District 12 residential area on the
north side of 1-70 relative to the height of the construction. She asked that staff look to
Nottingham Road language for inspiration on adding requirements for this section of
District 12.
After deliberations, Mayor Pro Tern Underwood motioned to approve the first reading of
Ordinance 24-02, with the amendments she provided in paragraphs a) to j) above. Councilor
Hardy seconded the motion. It was approved unanimously with a 7-0 vote.
S.3.Work Session: Discussion with Traer Creek representatives regarding Potential Amendments
to Village (at Avon) Planned Unit Development Guide (Town Manager Eric Heil)
Video Start Time: 01:03:33
Town Manager Eric Heil introduced the topic of potential amendments to the Village (at Avon)
Planned Unit Development Guide and introduced Community Development Director Matt
Pielsticker. They were joined in person by representatives of Traer Creek which included
Dominick Mauriello of Mauriello Planning Group, Richard Gollis of the Concord Group, and
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Michael Lindholm on behalf of the ownership group. Pielsticker delivered a presentation to
Councilors related to the PUD plan and amendments to the Village (at Avon), which Mauriello
supplemented with additional information. He added that Traer Creek owners are supportive
of the updates included in the presentation presented to Council.
Mayor Pro Tern Underwood asked for the development time frame of Avondale apartments
and Tract E which are in the area, and Heil responded that Avondale hinges on the amendment
to the PUD, and hiring of an architectural firm, so that a better time frame can be provided but
he estimates approximately 3 months for architectural design, and grading and some site work
in fall of 2024, with the hope that the project can begin in spring of 2025. He added Tract E is
similar in timeframe. Councilor Hardy asked how Town tax credits would be impacted by the
PUD amendment, which Heil explained.
Mayor Phillips opened the floor to public comment, and Mike Imhof with the Vail Valley
Foundation took the podium to speak of workforce housing issues and in support of the PUD
amendments proposed. Elyse Howard with Habitat for Humanity Vail Valley took the podium
and spoke in support of initiatives that add affordable housing in the Town of Avon.
Enmanuel Benavides, resident of Avon, spoke virtually to inquire on property taxes that the
PUD amendment might have on residents, as well as impacts of more housing on a deficient
postal service in Avon. No other public comment was made in person nor virtually.
After public comment, Councilor Andrade agreed with the concept of directing staff to work on
a PUD update and amendment and noted he wants something specific to look at.
Councilor Carroll moved to authorize Staff to prepare and submit a Major PUD Amendment to
the Village (at Avon) PUD Guide as co -applicants with Traer Creek LLC. Councilor Stanley
seconded the motion. It was approved unanimously with a 7-0 vote.
5.4.Work Session: Comprehensive Review of Potential Community Housing Projects (Town
Manager Eric Heil and Planning Director Matt Pielsticker)
Video Start Time: 02:13:10
Town Manager Eric Heil and Planning Director Matt Pielsticker delivered a presentation related
to a comprehensive Review of Potential Community Housing Projects. He explained that this is
a 20 to 30-year vision of housing needs and strategies. He fielded questions from Councilors on
the components of the presentation, and correlated availability of lot inventory with water
rights. A healthy discussion among Councilors and staff ensued, including its impact on postal
service.
Mayor Phillips opened the floor to public comment, and Steve Coyer, resident of Avon, took
the podium to encourage council to proceed with this initiative. He added context and
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information on water rights, water impacts and the need for housing for the water authority.
Chris Jarnot with the Vail Valley Foundation took the podium to state that they too are
interested in more housing for the community and echoed thanks for the amount of work Avon
Staff has put in to identify where housing opportunities exist.
Emily Peyton with Habitat for Humanity Vail Valley took the podium to convey the sense of
desperation from community members she interacts with to get access to inclusive housing
alternatives in the Valley.
No other public comment was made in person nor virtually.
Mayor Phillips stated she agrees with the priorities included in the materials and the table.
Mayor Pro Tern Underwood stated the table format is very useful for people and she
encouraged that time be spent refining information in the table. She also appreciated the 20-
year time frame used. She added that the use of the concept of "opportunity" is better than
calling it a plan, noting that pursuing opportunities in the table should not distress landowners
and neighbors included in the table. Town Manager Heil highlighted that this study is
conceptual and looks at everything possible and that staff worked with landowners included in
the table so that they were not unnecessarily distressed, thus concluding the work session.
5.5.Work Session: Hoffmann Commercial Parking Management (Interim Town Attorney Nina
Williams)
Video Start Time: 02:53:45
Interim Town Attorney Nina P. Williams moderated the work session related to Hoffman
Commercial Parking Management. Alberto Castellon, Senior Vice President with 5-Star Valet,
and John Conway, Executive Vice President with Parking Revenue Recovery Services (PRRS)
took the podium to engage in the discussion. Discussions included glitches in the system that
monitors private parking, bilingual signage at more regular intervals, ease of use of the QR code
and parking system on the back end. During the meeting, Councilor Thuon attempted to use
the system and it caused a 15-minute max allowance of parking while Councilor Stanley was
able to select a free 3-hour allowance as indicated by Castellon. Additional deliberations ensued
related to communication and roll -out of the system by Hoffman properties.
Mayor Phillips opened the floor to public comment, and Patty Sommerville -Cony, business
owner of Nest Furnishings in Avon, took the podium and noted that the communication with
local business owners that Castellon and Conway described as excellent has been everything
but excellent. She asked that they do away with the $87 dollar fee. She highlighted that the
original intention she remembers was to mirror parking fees that the Town of Avon managed
parking was implementing but then they did not and added more fees.
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Seth Levy, consultant of local business owners impacted, stated that the $87 fee has been
issued in error numerous times. He questioned the veracity of how many people have parked
in Avon under the parking studies. He highlighted the importance of guarantying drunk drivers
the ability to park their vehicles overnight. He closed his remarks by asking if Hoffman owns
any of these parking companies.
Carl Foster, resident of Avon, took the podium to highlight that it is a new concept for everyone,
and it is a matter of education and signage, because no one wants to pay for parking.
Donna Lang, owner of Home Outfitters in Avon, took the podium to state that her conversations
and interactions with Castellon have been wonderful. She also said that she does not remember
Castellon's team meeting with her and her staff to educate them on how the system would
work. She asked that they meet with her and her staff. She said artificial intelligence isn't
infallible and it goes back to people using it correctly. She asked for a ticket booth at Hoffman,
and 2-3-hour complimentary parking for customers. She highlighted there wasn't enough
communication during the rollout and there needs to be better communication because
ultimately, they will go out of business with these bad practices.
Jeni Hetti, owner of Portofino Jewelers, said she is done with Avon and will close her business
in April because Hoffman has raised her rent by $1,800 and parking management is very badly
handled. She wondered how much stake in these parking companies Hoffman has. She said the
system in place is very complicated compared to a gate and physical machines to pay for
parking with your card.
Joe Peplinski, owner of P. Furniture and Design in Avon, took the podium to state that he does
not believe it is necessary yet to pay for parking. He noted the system that was set up does not
protect users from abuse. He highlighted there are limited legal recourses against managed
parking on private property. He concluded his remarks stating that managed parking companies
can't succeed without going after their customers.
Tim McMahon, resident of Avon, took the podium and cursed at and insulted the
representatives of the managed parking companies. Given that he had previously cursed from
the back of the Council Chambers twice at the representatives of the managed parking
companies and had already been warned by Police Chief Daly to maintain decorum on two
separate occasions, he was pulled aside by Chief Daly a third time and was given a third warning
to maintain decorum and avoid disrupting the meeting with profanity when giving public
comment to Council. At that time, Councilor Andrade stepped away from his seat to speak to
McMahon separately and they both walked back to the podium together with assurances from
Councilor Andrade to his fellow Councilors that because he was McMahon's old boss, Councilor
Andrade would try to help ensure that McMahon maintained order and decorum in addressing
Council.
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When McMahon took the podium for a second attempt at providing public comment, in
reference to managed parking representatives in the room, he stated that they don't live here,
they are from Aurora which is not even Denver, and this has affected of lot of people's lives
here, and they are presenting BS numbers, and that doesn't matter, what matters is the human
element, and he asked if any of them came up to Avon and chilled for a week to see how these
business run or if they stayed in Naples working on their tan because they look darker than
him. Councilors exclaimed distaste for this remark and Councilor Andrade asked him to focus.
McMahon then added this was not meant to be racist while Mayor Phillips asked that
McMahon listen to Councilor Andrade or that he will be removed from Council Chambers by
Chief Daly. McMahon then stated it is ridiculous how this has come around and been
communicated to a community they are coming into. He stated he cannot give the rest of his
message because Councilor Andrade will interject, thus concluding his public comment.
Brian Nolan, local business owner in Avon, stated the system stinks as does the signage around
it. He said communication has not been great. He thanked Castellon for every contact Castellon
has dealt with, highlighting that every person Nolan referred to Castellon was handled well. He
noted that sports games take more than 120 minutes and parking is impacting all his
restaurants. He asked that they take that into consideration and make 3 hours free parking and
come up with a more welcoming system. He closed remarks highlighting that all ski towns have
free evening parking and Hoffman properties are the only ones going against that which will kill
bars and restaurants on their properties.
Cassidy Kodas, partner of Southside Benderz, stated her appreciation for Castellon and what
he has put up with so far. She said there has been negligence in contacting local businesses to
ensure that managed parking is rolled out successfully. She highlighted the importance of
catering to locals and ski -resort -related tourism. She noted that her business partners have not
been able to contact Castellon with ease. She closed her remarks stating that managed parking
via cellphone only is not how most places in Colorado work, let alone Avon.
Enmanuel Benavides, resident of Avon, took the podium virtually to state that this is a
predatory situation happening with parking in Avon and it is not helping local businesses nor
the community. He said the system is as inconvenient as possible so that guests will have to
pay the $87 parking fee, and rents are high enough as it is to have to deal with parking lot fees.
No other public comment was made in person nor virtually.
After being prompted by Councilor Thuon, Conway stated that Hoffman has no participation or
ownership interest in Parking Revenue Recovery Services, and he is willing to provide evidence
to that effect.
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Town Manager Heil stated to Councilors that Town Staff will work with 5-Star Valet to ensure
that community concerns are addressed with a comprehensive approach from different
departments. Mayor Pro Tern Underwood asked Heil for additional information and details on
Staff members who will work on this task which included the Director of Community
Development, the Chief of Police, the Town Manager and the Town Attorney, which concluded
the work session.
6. MINUTES
6.1.Approval of January 9, 2024, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
Video Start Time: 04:45:05
Councilor Thuon presented a motion to approve the Minutes from January 9, 2024.
Councilor Hardy seconded the motion. They were approved unanimously with a 7-0 vote.
6.2.Approval of January 16, 2024, Special Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
Councilor Thuon presented a motion to approve the Minutes from January 16, 2024.
Councilor Hardy seconded the motion. They were approved unanimously with a 7-0 vote.
7. WRITTEN REPORTS
7.1.January 16th Planning and Zoning Commission Meeting Abstract (Planner II Max Morgan)
7.2.Fourth Quarter 2023 Department Goal Update (Town Manager Eric Heil)
7.3.Monthly Financials (Senior Accountant Dean Stockdale)
7.4.E-Bike Rebate 2023 Program Update (Communications Manager Liz Wood)
7.5.2024 Construction Activity Update (Development Coordinator Emily Block)
7.6.Planning Updates (Planner II Max Morgan)
** Indicates topic will be discussed at future agenda's
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 04:46:18
Mayor Pro Tern Underwood reminded the public that the Eaglebend Pocket Park
Redevelopment second community meeting will be held on Wednesday, January 31, 2024,
from 5 to 7 p.m. and dinner will be provided at 5:30 p.m. at the Eaglebend Apartments
Community Room.
Councilor Stanley reported back to Council on her attendance to the latest CASE
Committee. She mentioned Avon does not have an entry monument sign, and asked if
there is a sign for the stage yet. She then asked if this could be something the Town could
explore, and Town Manager Heil noted it opens a discussion that could take place during
quarterly department goals and budgets to address this task.
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Councilor Thuon highlighted that there is an upcoming meeting on January 30, 2024, at 5
p.m. between Avon Staff and all business owners from the land to be annexed in Eagle Vail
which seeks to address concerns from that neighborhood and will take place at Town Hall.
Councilor Carroll asked for plow drivers to be advised that they have been doing a good
job plowing streets during the last storm cycle.
Mayor Phillips stated she likes the quarterly updates and wants to make sure the 2024
quarterly update will be sent, and General Government Manager de Jong advised these
quarterly updates will take place in a February Regular Council Meeting.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the
regular meeting. The time was 9:53 p.m.
These minutes ore 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
Chico Thuon
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RESPECTFULLY SUBMITTED:
nueva, Town Clerk