Loading...
TC Minutes 04-09-2024AVON REGULAR MEETING MINUTES A TUESDAY APRIL 09, 2024 ,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 via Zoom.us. Mayor Amy Phillips called the April 9, 2024, Council regular meeting to order at 5:36 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Amy Phillips. Mayor Pro Tern Tamra Underwood joined the meeting virtually and signed -off at 7:55 p.m. They were joined by 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, Finance Director Paul Redmond, Community Development Director Matt Pielsticker, Planning Manager Jenna Skinner, Development Coordinator Emily Block, Special Events Coordinator Chelsea Van Winkle, Building Official Derek Place, CASE Manager Danita Dempsey, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:36:04 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Andrade asked for written report 6.1. Food Truck Program to be removed from Written Reports and added as Business Item 5.10. in the Agenda. Without further discussion, Councilor Thuon motioned to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED To AGENDA ITEMS Video Start Time: 00:37:25 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:37:44 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom's video/audio, via telephone, orvia email. She added 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 and Tim McMahon, resident of Avon, took the podium in person to speak of the future of pedestrian safety on U.S. Highway 6 and his conversation with CDOT representatives on solutions that can be accomplished in 6-9 months to make that roadway safer for pedestrians. Mr. McMahon asked that based on his recent exchanges, Councilors consider having the Town of Avon take over that section of U.S. Highway 6 so that the Town of Avon can gain control speed limits on that stretch of roadway. Councilor Thuon read a public comment text into the record received from Ms. Devon DeCrausaz, resident of Avon and President of the Wildridge Trail Coalition, who stated that 1 AVON REGULAR MEETING MINUTES TUESDAY APRIL 09, 2024 neon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Robbie and the crew of RPM Construction are as solid and trustworthy as they come. Through Councilor Thuon, Ms. DeCrausaz exemplified the many successes of RPM Construction in the area related to public projects. No other public comment was made in person nor virtually. 5. BUSINESS ITEMS 5.1.Presentation: Holy Cross Energy update on Clean Energy Journey and New Rate Structure (HCE President and CEO Bryan Hannegan) Video Start Time: 00:41:38 HCE President and CEO Bryan Hannegan delivered his presentation related to a Holy Cross Energy update on Clean Energy Journey and New Rate Structure. Councilor Thuon asked Mr. Hannegan if our Valley is an anomaly because of its focus of renewable energy use, and Mr. Hannegan answered it is one of the more innovative communities that is focusing on aggressive renewable energy goals, and he hopes other communities will work in a similar direction. No public comment was made in person nor virtually. As this was a presentation to Council, no motion was made. 5.2. Presentation: Eagle County Conservation District Update (Laura Bohannon, District Manager of ECCD) Video Start Time: 01:07:57 Laura Bohannon, District Manager of the Eagle County Conservation District (ECCD) delivered a presentation on the Eagle County Conservation District's latest activities. Councilor Thuon asked if Bair Ranch was an ECCD project. Councilor Stanley asked for information about ECCD demonstration gardens and other ECCD projects. Mayor Phillips asked for Town Staff to work with ECCD on the demonstration gardens being rolled out by the Town. No public comment was made in person nor virtually. As this was a presentation to Council, no motion was made. 5.3. PUBLIC HEARING: First Reading of Ordinance 24-07 Amending Chapter 27 of Title 15 the Avon Municipal Code to Update the Exterior Energy Offset Program (Building Official Derek Place) Video Start Time: 01:29:17 Building Official Derek Place delivered a presentation related to the First Reading of Ordinance 24-07 Amending Chapter 27 of Title 15 the Avon Municipal Code to Update the Exterior Energy Offset Program (EEOP). He explained it refers to exterior items of a home, and nothing interior, for commercial construction, above 6,000 square feet. He fielded questions from Council on the ordinance, including the fee structure. Mayor Phillips opened the floor to the public hearing and Bryan Hannegan with Holy Cross Energy took the podium in person and asked for Council to consider mandatory battery storage when adding photovoltaic to make it more impactful. Ms. Gina McCrackin with the Climate Action Collaborative took the podium in person to remind Council of the 2030 collective climate action goals for Eagle County and the importance of EEOP regulations. AVON REGULAR MEETING MINUTES A TUESDAY APRIL 09, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Ms. Kim Schlaepfer with the Climate Action Collaborative took the podium in person to speak of the ambitious goal of 50% reduction of emissions by 2030 and noted this ordinance is essential to move it forward. She added it will be hard to meet this target even with the Ordinance's passage. Tim McMahon, resident of Avon, took the podium in person and asked questions about fees related to the Ordinance. He asked if there is a way to find out which companies will be out of compliance in future developments. August Hasz, technical consultant for this project, took the podium virtually to speak of fees related to the Ordinance and make himself available to answer any technical questions from Council. No other public comment was made in person nor virtually. Councilor Andrade inquired on maintenance costs and lifespan of photovoltaic systems. He further asked what the consequence is if the photovoltaic systems fail, and if there should be a replacement requirement for failures. Councilor Thuon suggested mandatory photovoltaic requirements for new builds with battery storage fire mitigation strategies. Councilor Stanley asked the difference between photovoltaic installation and the fees charged under the calculator. She also asked questions related to snowmelts in Avon and noted that efficient designs can make this program less costly. Mayor Pro Tern Underwood wondered if mandatory photovoltaic solutions with storage might limit future creativity to reduce energy consumption. She added that goals in the ordinance should be more aggressive than 50% reduction. Mayor Phillips suggested that staff create an example for Councilors of how this ordinance would impact a project to better understand its function and cost. After deliberations, Councilor Carroll motioned to continue the first reading of Ordinance 24- 07 to May 28, 2024, directing staff to update the report to include a hardship clause, EEOP of 50%, 75% and 100%, battery storage requirements, and more incentives instead of fees in lieu. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. Mayor Phillips declared a 5-minute break from 7.55 p.m. to 8:00 p.m., at which time Mayor Pro Tem Underwood ended her virtual attendance to the meeting. The meeting was reconvened at 8:01 p.m. 5.4.PUBLIC HEARING: Second Reading of Ordinance 24-05 Amending Section 15.08.140 of the Avon Municipal Code Regarding issuance of Grading Permits (Community Development Director Matt Pielsticker) Video Start Time: 02:55:35 Community Development Director Matt Pielsticker delivered a presentation related to the Second Reading of Ordinance 24-05 Amending Section 15.08.140 of the Avon Municipal Code 3 Jt AVON REGULAR MEETING MINUTES TUESDAY APRIL 09, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C o L v P A D O Regarding issuance of Grading Permits. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Without deliberations, Councilor Carroll motioned to approve the second reading of Ordinance 24-07. Councilor Hardy seconded the motion. It was approved with a 5-0 vote of those present, with Councilor Stanley outside of the room at the time of voting. 5.5.PUBLIC HEARING: Second Reading of Ordinance 24-06 Sales Tax Exemption on Hygiene Products (Chief Financial Officer Paul Redmond) Video Start Time: 02:57:25 Chief Financial Officer Paul Redmond introduced the topic of the Second Reading of Ordinance 24-06 Sales Tax Exemption on Hygiene Products. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Without deliberations, Councilor Hardy motioned to approve the second reading of Ordinance 24-06. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present. 5.6. PUBLIC HEARING: Resolution 24-14 Approving First Amendment to 2024 Budget (Chief Finance Officer Paul Redmond) Video Start Time: 02:59:07 Chief Financial Officer Paul Redmond introduced the topic of Resolution 24-14 Approving First Amendment to 2024 Budget. Councilor Hardy asked questions related to the elevated cost of police furniture, particularly office chair costs. Chief Daly took the podium to add context to this cost and noted that the furniture recently purchased matches cost of old furniture acquired 5 years ago. Councilor Thuon inquired on the cost of the cameras added to the recycling space, and cost of camera upgrades to Nottingham Park's stage. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Without further deliberations, Councilor Thuon motioned to approve Resolution 24-14. Councilor Carroll seconded the motion. It was approved with a 6-0 vote of those present. 5.7.Notice of Award June Creek Emergency Access project (Public Works Director Eva Wilson) Video Start Time: 03:12:32 Public Works Director Eva Wilson first introduced the new staff members in the Engineering Department, including Lorette Ulasich, Engineering Technician, and Nicole Mosby, Town Engineer. She then presented information related to the June Creek Emergency Access Project Notice of Award. She noted that the project is overbudget because the estimate is now two years old, and the scope of the award has grown. Councilor Carroll asked questions related to the schedule and the permit needed by the Forest Service to complete this project. Mayor Phillips opened the floor to public comment and Councilor Thuon repeated the text he received from Ms. Devon DeCrausaz in support of the contactor. Tim McMahon, resident of Avon, took the podium in person to ask which types of vehicles will be able to travel on the trail and how shuttle use will take place during emergencies. No other public comment was made in person nor virtually. 4 AVON REGULAR MEETING MINUTES A TUESDAY APRIL 09, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Stanley asked questions related to the duration of the project, use of the trail by different types of vehicles, including dirt bikes, and the ability to unlock gates by emergency services. After deliberations, Councilor Thuon motioned to authorize the issuance of a Notice of Award for the construction of the June Creek Emergency Access to H&L Concrete in the amount of $285.902 as approved in the Town of Avon 2024 Capital Projects Fund and increase the June Creek Emergency Access CIP project budget to $327,325. Councilor Hardy seconded the motion. It was approved with a 6-0 vote of those present. 5.8.Work Session: Performance Pavilion Name & Sign (CASE Manager Danita Dempsey) Video Start Time: 03:44:19 CASE Manager Danita Dempsey introduced the discussion related to the Performance Pavilion Name & Sign Work Session. There were no questions from Council. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Councilor Stanley added feedback from CASE Committee Members on the preferred signage. Consensus from Councilors was in favor of Option 2 included in the Report. After deliberations, Councilor Stanley motioned to approve the official name of the Avon Pavilion as presented in Option 2 of the Report. Councilor Thuon seconded the motion. It was approved with a 6-0 vote of those present. 5.9.Work Session: Eaglebend Pocket Park Redevelopment Project Update (Recreation Director Michael Labagh) Video Start Time: 03:50:11 Recreation Director Michael Labagh delivered a presentation related to the Eaglebend Pocket Park Redevelopment Project Update. Councilor Andrade asked questions about the park's path and parking alternatives which he favored, with the support of Councilors Hardy, Stanley, Thuon and Carroll. Mayor Phillips opened the floor to public comment and Guy Erickson, resident of Avon, took the virtual podium to state that public meetings for the park were very well handled, and he is in support of parking being added to the park. He requested that a screen be used to reduce the view of the portable toilet and suggested that grills be removed due to the risk of fire dangers. No other public comment was made in person nor virtually. Mayor Phillips asked if electricity was available for use at the park and was advised the plan was not to use it but there is an electrical line onsite. Council unanimously directed Staff to proceed with Option A in the Report. 5.10. Food Truck Program (Special Events Coordinator Chelsea Van Winkle) Video Start Time: 04:09:39 Special Events Coordinator Chelsea Van Winkle introduced the topic of the Food Truck Program at the request of Councilor Andrade. Councilor Andrade asked if the County Health Inspector has inspected any food trucks while they are serving food in Avon. Ms. Van Winkle added they are permitted through the County, and she does not know if they have been inspected. He 5 t AVON REGULAR MEETING MINUTES TUESDAY APRIL 09, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO asked under which terms Rocky Mountain Taco is grandfathered-in and asked if the Town could add more food stands to that area. Ms. Danita Dempsey took the virtual podium and stated if Council would like to convert that area to an outdoor eating space with more food stands, they would research that matter. Councilor Hardy also stated it would be good to have more options in that area. Councilor Thuon added that food trucks can cannibalize clientele from restaurants, exemplifying when Bob's Place lost revenue to the fish and chips food truck. With the support of her fellow Councilors, Mayor Phillips directed Staff to investigate having semi -permanent food trailers added to the area of Rocky Mountain Tacos, but not food trucks, perhaps with a rotating schedule. No public comment was made in person nor virtually. As this was a written report to Council, no motion was made. 6. CONSENT AGENDA Video Start Time: 04:22:17 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 6.1 Approval of March 26, 2024 Regular Council Meeting Minutes Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Without further deliberations, Councilor Thuon presented a motion to approve the Consent Agenda. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1.March 25th Planning and Zoning Commission Abstract (Planner II Max Morgan) rr2e [ v vd T a c k o r vSr a iiw(Spc c i a Ii Events c A- A- Fa oi nateir Chelsea VaR wrW'ilrdrc) 7.3.Upper Eagle Regional Water Authority February 22, 2024 Meeting Summary (Mayor Pro Tern Tamra Underwood) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:20:14 Councilor Hardy stated that quasi-judicial meeting protocols are a pet peeve of hers. She highlighted that it is important for Councilors to not offer conclusions in public meetings before receiving public comment. She also asked Councilors to avoid any ex-parte comments among themselves. Mayor Phillips added context on the fact that not all Council meetings are quasi-judicial. Town Attorney Nina Williams suggested offering training for Councilors on this topic. Councilor Thuon agreed based on the importance of this topic. Councilor Stanley raised the issue of missing minutes from CASE, Health and Rec and the Finance Committee. She added that the Art Guild at Avon will have their grand opening on June 14, 2024. Councilor Carroll spoke favorably of the Net Zero Expo hosted in Town. AVON REGULAR MEETING MINUTES FAI TUESDAY APRIL 09, 2024 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Phillips asked her fellow Councilors to respond to the Town Manager annual review online questionnaire. She also asked the public to respond to the Community Housing Needs Survey that is available online and thanked the Sustainability Department for winning the grant that will fund the purchase of the Styrofoam recycling machine. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 9:37 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 Chico Thuon 7 RESPECTFULLY SUBMITTED: Miguel Jauregui s nueva, Town Clerk