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TC Minutes 06-11-2024AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 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 June 11, 2024, Council regular meeting to order at 5:07 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Absent was Councilor RJ Andrade. 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, Chief Financial Officer Paul Redmond, Financial Analyst Chase Simmons, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Sustainability Coordinator Sarah Smith Hymes and Avon Police Sergeant John Mackey. 2. APPROVAL OF AGENDA Video Start Time: 00:07:01 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tern Underwood requested that Business Item 6.2. be removed from the consent agenda because she is helping prepare a performance review for the Town Manager, and the approval of an amendment to the Town Manager Employment Agreement under Business item 6.2. should only be signed after the performance evaluation process is completed. She also asked Staff that Business Item 6.2. be added to the Consent Agenda for the Regular Council Meeting scheduled for July 91h, 2024. Councilor Stanley motioned to approve the Agenda, as amended by Mayor Pro Tern Underwood. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:08:37 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:08:50 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 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 Mr. Charlie Sherwood, resident of Avon, took the podium in person and stated that he had been a resident of Avon for 15 years. He added there is a new speeding sign installed on the street of his residence at Wildridge and indicated he considers the sign obnoxious for his home's view. He stated he finds it unnecessary and ugly and nobody at any time alerted him prior that the sign would be installed. He mentioned he noticed the footprint for it was laid a year ago, but he did not receive a notification from the Town prior to its installation and would have appreciated notice to give feedback. No other public comment was made in person nor virtually. 1 AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5. BUSINESS ITEMS 5.1.Presentation: Castle Peak Senior Life And Rehab Update (Castle Peak Executive Director And Administrator, Shelly Cornish) Video Start Time: 00:11:40 Castle Peak Executive Director And Administrator Shelly Cornish delivered a presentation to Council related to an update on the status of the Castle Peak Senior Life and Rehab facility. She was thanked by Council for the services they provide to the community. Councilor Carroll inquired on Eagle County's financial support to Castle Peak Senior Life and was advised they were granted a donation of $750,000 for 2023 and $850,00 for 2024 from the County. Mayor Pro Tem Underwood mentioned a senior family member of hers that resides at Castle Peak, and offered her appreciation and recognition that they accept Medicaid as form of payment. She asked for ways in which the Town of Avon can contribute to the Castle Peak Senior Life and Rehab Center. 5.2.Resolution 24-18: Adopting the Eagle River Community Water Plan (Sustainability Coordinator Sarah Smith Hymes and Eagle River Coalition Executive Director James Dilzell) Video Start Time: 00:27:07 Sustainability Coordinator Sarah Smith Hymes and Eagle River Coalition Executive Director James Dilzell took the podium to deliver a presentation related to the adoption of Resolution 24-18 which seeks to adopt the Eagle River Community Water Plan. Mayor Pro Tem Underwood asked Ms. Smith Hymes what goals could be added to the Sustainability Department for 2025 with this Resolution and was advised that Staff would work on a draft list of goals to be presented to Council in October of 2024 for 2025 Goals. Councilor Hardy asked Mr. Dilzell to speak of transcontinental water diversion that is affecting the Eagle River. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Mayor Pro Tem Underwood motioned to approve Resolution 24-18. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.3. PUBLIC HEARING: First Reading Ordinance 24-09: REZ24001; Rezoning of the East Avon Preserve to Community Housing (Planning Manager Jena Skinner) Video Start Time: 00:55:30 Mayor Phillips stated for the record that there was a site tour of the East Avon Preserve earlier that day, and Staff made a recording of all Council discussion from the walk through. Planning Manager Jena Skinner took the podium and delivered a presentation related to the first reading of Ordinance 24-09. Council reviewed the zoning map proposed and discussed density allowances for specific zonings. They also reviewed the eligibility criteria to be used in the analysis of this rezoning application and had ample discussions on the potential development areas in the East Avon Preserve, to include a memorial garden. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Consensus from Council reflected their hope that a higher density be preferred for this space, rather than the medium density presented. It also included a list of additional information needed to move forward, including future use of a memorial garden location, water tank costs for medium vs high density projects, hydrology needs for the neighborhood, the position from the County on acreage and density, and Council asked Staff to produce these answers to reconsider this Ordinance in a future reading. Councilor Hardy was supportive of preferring medium density over high density so that the Town's offerings are more diversified, but stated she would keep an open mind on how this 2 AVON REGULAR MEETING MINUTES A TUESDAYJUNE 11, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO location's use can be maximized. Town Manager Heil observed that there were a lot of questions for additional specific information. He stated that the feedback gave guidance on what Staff should focus on to present this before Council in the future. He added that he can envision 10 homes per acre but perhaps not 25 due to increase in construction costs it would entail and noted that preferring high -density zoning might give future Councils greater flexibility. He suggested this Ordinance be tabled to a future date to answer the long list of questions, obtain background information on Title, and approach the County in adjusting total surface of the East Avon Preserve. Mr. Heil then recapped the new potential zoning options for Council and asked Council to allow him to retract the application and amend it with the direction received today. After ample deliberations, Councilor Thuon motioned to withdraw the application included in the first reading of Ordinance 24-09. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 6-0 vote of those present. Councilor Thuon also made a motion to direct staff to resubmit an updated application later with the supplemental information discussed during the meeting, with the map shown, community housing high density 1, the public facilities remaining as existing, and including the park zone district. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.4. Work Session: Use Tax Voter Polling questions (Chief Financial Officer Paul Redmond) Video Start Time: 02:11:55 Chief Financial Officer Paul Redmond led the work session related to the Construction Use Tax's polling questions. He highlighted that there would be a $50,000 annual allowance exempted for smaller projects, and all revenues from the Tax would be reserved for Community Housing. Councilor Carroll asked that Staff highlight that there is an option for deferred payment of single family and duplex homes until certificate of occupancy is obtained. Councilor Carroll suggested removing Question T-5 from the questionnaire, for various reasons, and reiterate the information as needed in T-12. Council deliberated on this proposal and was divided but voted to keep T-5 with a 4-2 vote, with Councilors Thuon and Carroll voting against keeping T-5. Councilor Hardy highlighted the importance of educating voters on the importance of this use tax, as well as educating builders with the option for deferred payment for single family and duplex homes until certificate of occupancy is obtained. Mayor Pro Tern Underwood highlighted that the use tax alleviates some aspects of monitoring sales tax on construction materials, but TABOR regulations limit the ability to explain this to the public, so the public can understand it won't cause a big tax increase for most citizens. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a work session, staff received feedback and no motion was requested. 5.5. PUBLIC HEARING: Second Reading Ordinance 24-10 Elections Code Update (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 02:36:25 Town Clerk Miguel Jauregui delivered a presentation related to the second reading of Ordinance 24-10. Mayor Pro Tern Underwood thanked staff for the nuanced approach taken for the passing of this Ordinance. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. After brief deliberations, Councilor Thuon motioned to approve the second reading 3 AVON REGULAR MEETING MINUTES TUESDAYJUNE 11, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO of Ordinance 24-10. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.6.First Reading Ordinance 24-11: Amendments to Town Code on Primary Residence RETT Exemptions (Financial Analyst Chase Simmons) Video Start Time: 02:39:01 Financial Analyst Chase Simmons delivered a presentation related to the first reading of Ordinance 24- 11. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Councilor Carroll noted this exemption is being used less and less and he suggested the exemption should be revisited every 2 years and added he feels the numbers are too low and should be higher, further proposing that after a financial analysis from the Finance Department: under Section 1. amount should be raised from $160,000 to $500,000; under Section 2. $240,000 raised to $750,000; and under Section 3. raised to $1,800,000 which he remembers is the median price of a home in Eagle County. He received support from Councilors Thuon, Stanley, and Hardy, with Councilor Hardy asking that he lower Section 3. to $1,400,000. After deliberations, Councilor Thuon motioned to approve the first reading of Ordinance 24-11, with the inclusion of the amendment suggested by Councilor Carroll, as adjusted by Councilor Hardy, and the request that an analysis of the impact of the revised numbers be provided during Second Reading. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.7.Work Session: Sun Rd / East Avon Redevelopment Plans (Community Development Director Matt Pielsticker) Video Start Time: 02:48:59 Community Development Director Matt Pielsticker led the work session related to the Sun Rd / East Avon Redevelopment Plans. Consensus from Council indicated that Staff should add Avon Station (Burger King and Simply Massage parcels) to the Main Street Plaza's concept, noting it will increase costs from the service provider helping on those plans. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a work session, staff received feedback and no motion was requested. 5.8. Work Session: Old Town Hall Site Update (Town Manager Eric Heil) Video Start Time: 03:08:05 Town Manager Eric Heil led the work session related to an update of the Old Town Hall Site. He updated Council on the loss of funding for the skate plaza, and the intention to continue with the construction of the bathrooms for the park under Option 1. He added the plan from the Town is to find DOLA and GOCO grants that could help fund the skate plaza project, but he anticipates it would add a year's delay to construct the skate plaza in 2026 or 2027, depending on grants. Of the 3 options presented, Councilor Hardy stated that she favors Option 3. Councilor Stanley favored Option 1 and suggested getting an estimate to grade and seed before pursuing more grants. Councilor Underwood favored Option 1 and stated that the project brought many diversity and inclusion benefits that are being lost so she requested the Town should diligently pursue grant funding that has the same diversity and inclusion benefits. Councilor Carroll noted the cost of filling the hole at that sight is very great. Councilor Thuon stated the dream should be kept alive for the skate plaza, but the onus should be on them to find funding. He added that filling it in and seeding it is too costly and the Town should take time to analyze 4 AVON REGULAR MEETING MINUTES A TUESDAYJUNE 11, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO the future of the site. Town Manager Eric Heil stated that irrigation and sodding should not be overly costly. He added that irrigation for grass is ok in a public park used for recreation, and the worry is different than that of sodding a large home which few use. He recommended sodding the skate plaza surface to embellish it for public use. Mayor Pro Tem Underwood stood against the proposal to fill the space with grass. Mayor Phillips asked if the Town could use zero scaping in lieu of sod and was advised it would increase cost. Town Manager Heil noted there is consensus on the bathroom but not on the backfill of the skate plaza. Mayor Phillips stated she favors Option 1 because it represents the most consensus among Council and directed Staff to pursue Option 1. Due to lack of consensus on other uses for the Old Town Hall Site, there was no specific direction for staff to continue pursuing grants for the Skate Plaza. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. 6. CONSENT AGENDA Video Start Time: 03:38:27 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 6.1 Approval of Intergovernmental Agreement with Colorado Department of Transportation for bus lift grant (Mobility Manager James Shoun) 6.3 Approval of May 28, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 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 Carroll seconded the motion. It was approved unanimously with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1. Draft May 20 Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.2.Draft May 21 Health & Recreation Committee Meeting Minutes (Recreation Aquatics Superintendent Kacy Carmichael) 7.3.Grants Update (Deputy Town Manager Patty McKenny) 7.4.Colorado Creative Industries 2024 Summit Update (CASE Manager Danita Dempsey) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:38:50 Councilor Stanley reminded the public that Avon Live Battle of the Bands will take place tomorrow, June 12, 2024 at 5:30 p.m. She also reminded the public of the opening of the grand opening of the Art Guild on Friday, June 14, 2024. She also invited the public to attend Avon Live and access information on all summer events. Councilor Carroll mentioned that Sunset Live will have Radio Fluke playing, and they are a local band out of Denver with members of the band being local to the area. He invited the public to attend the concert. AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 2024 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L 0 P A 0 0 Councilor Thuon reminded the public of the importance of wearing lifejackets near bodies of water, including next to Nottingham Lake. Mayor Phillips asked for a fellow Councilor to join her for a visit at Mountain Family Health Center. Councilors Carroll and Stanley stated they are both open to joining her. She added that the Eagle Valley Transit Authority will have a meeting tomorrow, June 12, 2024, at Council Chambers and will be transitioning to a new name in July of 2024. Mayor Pro Tem Underwood and Town Manager Heil exchanged thoughts on the speed sign monitors installed and mentioned during public comment. Councilor Thuon asked that staff look at those speed sign monitors to make sure they are fully operational. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:48 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 R' ARdr;;de Rich Carroll Chico Thuon 11 RESPECTFULLY SUBMITTED: Miguel Jauregui CaAnJeva,—Town Clerk