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TC Minutes 05-28-2024AVON REGULAR MEETING MINUTES A TUESDAY MAY 28, 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 May 28, 2024, Council regular meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, Mayor Pro Tern Tamra Underwood, and Mayor Amy Phillips. Councilor Thuon left the meeting in person at 5:58 p.m. and rejoined the meeting virtually at 6:11 p.m., and rejoined the meeting in person at 7:53 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, Community Development Director Matt Pielsticker, Planner II Max Morgan, Public Works Director Eva Wilson, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:01:47 Before the approval of the Agenda, Councilor Carroll offered remarks related to the symbolism of Memorial Day, asking those present for a moment of silence in remembrance of the fallen service members in the Military. 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 Carroll 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: 00:02:07 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:23 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 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 no public comment was made in person nor virtually. 5. BUSINESS ITEMS 5.1.Swearing In And Pinning Ceremony And Police Presentations (Chief Of Police Greg Daly) Video Start Time: 00:03:35 Chief of Police Greg Daly covered the topics of: (i) the swearing -in and pinning ceremony for Officer Trevor Roszczewski, (ii) the CALEA reaccreditation certificate presentation by Colonel Matthew Packard, Chief of the Colorado State Patrol, (iii) a presentation of the Avon Police Department Annual Awards, and (iv) the Avon Police Department 2023 Annual report. No public comment was made in person nor virtually. 1 AVON REGULAR MEETING MINUTES TUESDAY MAY 28, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C a L C R A D U Councilor Thuon left the meeting in person at 5:58 p.m. and advised Town Staff that he would rejoin the meeting virtually later. Councilor Thuon rejoined the meeting virtually at 6:11 p.m. and in person at 7:53 p.m. Town Attorney Nina P. Williams advised Council and Councilor Thuon that because he was unable to be present for the totality of the public hearing under Business Item 5.2., he should abstain from voting on that Business Item. 5.2.PUBLIC HEARING: Resolution 24-15 Approving a Wildridge Lot Split Planned Unit Development Amendment for Lot 66, Block 1, Wildridge (Planner II Max Morgan) Video Start Time: 00:58:17 Planner II Max Morgan introduced the topic of Resolution 24-15 which seeks to approve a Wildridge Lot Split Planned Unit Development Amendment for Lot 66, Block 1 in Wildridge. He also delivered a staff presentation related to the lot split. He was joined by Architect Bobby Ladd who delivered a presentation to Council on behalf of the Applicant requesting the Lot Split. Councilor Andrade asked if the lot split allows for a future duplex and was advised it does not and precludes any future duplex. Mayor Pro Tern Underwood asked questions related to Planner Morgan's presentation on Section 7.16.060(e)(4) review criteria and asked Town Attorney Williams to confirm which romanettes can be disregarded from the slides and criteria and which romanettes need to be used in the analysis. Councilor Carroll asked clarifying questions on maximum height of the structures. Councilor Hardy asked for historical lot splits approved since 2015 and was advised there have been 8 or 9 and all have been approved in the past. Mayor Phillips opened the floor to the public hearing comment and Jenny Wahrer, resident of Wildridge, took the podium in person and stated that she resides west of the proposed lot split and believes that there should be a duplex built under existing rules, but she does not support a lot split. She added she believes splitting the lot will impede transit of wildlife on the lot further than a single duplex structure would, which she favors. She added she doesn't believe that there are any savings accomplished by building under a lot split as opposed to building a duplex on the site. Robert Pfaff, resident of Wildridge, took the podium in person to ask if the property boundaries of these lots will be staked to indicate which trees belong to whom in the hope that accidental tree felling of neighbors will be prevented. Jim Yager, resident of Wildridge, took the podium in person to speak of his concern for the Aspen Grove located on Fox Ln and its potential for endangerment with the projected lot split and tree felling. Jodie Edders, resident of Wildridge, took the podium in person to speak of her belief that this lot split will have a negative effect on the neighborhood and highlighted that her home's views would be most impacted by the proposed lot split. AVON REGULAR MEETING MINUTES TUESDAY MAY 28, 2024 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mike Chadwell, resident of Wildridge, took the podium in person to state his belief that building these types of homes does not alleviate the housing deficit in Avon. He indicated that there are also some discrepancies in square footage indicated in the packet and asked questions related to the width of the utility and drainage easement on the properties. Nicole Garnsey, resident of Avon and owner of the lot under consideration for a split, took the podium in person to state they are very excited for the potential of building their forever home on - site and understands that any change to a large vacant lot will have an impact on the neighborhood and she stands behind the belief that the lot split and two separate smaller homes are better for the neighborhood than a large duplex structure which would take up more room and views. Bobby Ladd, on behalf of the development group, asked for the best opportunity for them to speak and reply to some of the concerns raised during the public hearing. No other public comment was made in person nor virtually. Mr. Ladd took the podium to clarify and rebut some of the negative feedback given and was joined by Sean Reynolds as a part of the development group who stated that they the project will not fell any tree that is not essential to allow for the construction, and added that cutting down one Aspen tree is considered like branch pruning for the Aspen Grove and does not destroy the entirety of the Aspen Grove or endangers it. He added that any home built will help alleviate the housing shortage in Avon and disputed any statement to the contrary. Mr. Ladd added that there will be a construction fence put up to alleviate any concern over property boundary issues and tree felling. They were also joined by Steve McDonald who is part of the developing Team and added that they are all residents of Wildridge and that a lot split does indeed alleviate wildlife traffic as compared to a much larger duplex by adding an additional corridor for wildlife travel. Town Attorney Williams and Mayor Phillips and Mayor Pro Tem Underwood clarified which PUD review criteria will apply to their analysis under Town Code Section 7.16.060(e)(4). Councilor Hardy stated that she believes this Resolution for a Lot Split meets the statutory eligibility criteria and she agrees with the conclusions contained in the Report. She added that smaller structures do allow for more wildlife flow, and the precedent of 8 favorable lot splits makes it consistent with others in the neighborhood. She added that she is not factoring in cost of development as part of her analysis as it is not required for the review criteria. Mayor Pro Tern Underwood asked Town Attorney Williams and Town Staff for guidance on the best way to draft conditions to ensure that the project does not deviate from what was presented at the meeting, particularly as it refers to grading and height of the ceiling, which she received from Town Manager Heil. Councilor Carroll noted he is in favor of the lot split with the conditions being discussed by Council. Councilor Andrade agreed that the lot split would be more beneficial in the long term, including 9 AVON REGULAR MEETING MINUTES TUESDAY MAY 28, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO preserving views and wildlife corridors. Councilor Stanley added that the developer hit every mark as far as PZC is concerned and meets the statutory requirements. She acknowledged the hopes and desires of the neighbors and noted that the lot split does appear more favorable by all accounts. However, she stated that she feels compelled to stand with the neighbors and will not support the lot split because of their concerns. Mayor Pro Tern Underwood stated that she would support the lot split with the conditions that she would include during her motion. Mayor Phillips stated that she understands a feeling of nostalgia from looking at an old vacant lot in the old neighborhood but also needs to balance it with the fact that this lot split is important to developing this property in more cohesive way with the neighborhood. She noted it is hard to appreciate the value of the lot split if you don't want to see anything built on that lot and commended the developer for their work on this project. After deliberations, Mayor Pro Tern Underwood motioned to approve Resolution 24-15 with the conditions that: (i) there be an access and maintenance agreement for the shared driveway and storage area to be recorded prior to signature of the minor subdivision plat; (ii) the limits of disturbance are assigned to the north portion of the lot or restricted envelope and designated on the plat prior to signature and recording; (iii) the findings and minutes of the PZC meeting of May 13, 2023, are approved as presented; (iv) the structure's design as presented in this public hearing will not exceed the represented heights; and, (v) the plat will contain a note prior to signing and recording that there will only be one curb cut allowed for the lot split on Fox Lane. Councilor Hardy seconded the motion. It was approved with a 5-1 vote, with Councilor Stanley voting nay and Councilor Thuon abstaining due to his partial absence from the public hearing. Mayor Phillips declared a 4-minute recess at 8 pm and reconvened the meeting with a 5-minute delay at 8:09 p.m. 5.3.FIRST READING: Ordinance 24-10 Elections Code Update (Deputy Town Manager Patty McKenny and Town Clerk Miguel Jauregui Casanueva) Video Start Time: 02:59:20 Town Clerk Miguel Jauregui Casanueva delivered a presentation related to the need for an Elections Code Update in Avon to align write-in candidate deadlines and make them uniform with the County. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Mayor Pro Tern Underwood asked that this Code Amendment apply to coordinated elections but exempt recall elections and keep in the write-in candidate opportunity as stated in the old code but for Recall elections specifically. After brief deliberations, Mayor Pro Tern Underwood motioned to approve the first reading of Ordinance 24-10 with the condition that the Second Reading of the Ordinance be amended to contemplate write-in candidates in recall elections. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 4 AVON REGULAR MEETING MINUTES TUESDAY MAY 28, 2024 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.4. Notice of Award: Public Works Garage (Public Works Director Eva Wilson) Video Start Time: 03:03:10 Public Works Director Eva Wilson delivered a presentation related to the Notice of Award for the Public Works Garage. Town Manager Eric Heil added information related to the project's costs with gas vs. all electric boilers. Mayor Pro Tem Underwood deliberated on the pros and cons of a gas vs electric boilers. Councilor Hardy asked if this is an essential facility for public works to house vehicles, and Town Manager Eric Heil noted that it is a high priority structure overdue by several years. She noted she needs to be convinced of the justification of this elevated cost. Public Works Director Eva Wilson noted that construction costs remain high, even though this is a custom prefab structure designed to save as much as possible on construction costs. She added the most efficient form of heating for the structure is radiant concrete heated floors. Councilor Carroll asked questions on the solar panels included in this structure. Town Manager Heil noted that the photovoltaic offset included in the structure is hard to quantify and he would appreciate the direction from Council to contract a specialist to prepare a study on that topic and the benefits of a larger electric storage facility to satisfy energy needs of the Public Works Garage and other adjacent public structures. Councilor Carroll wondered if the Town should 'walk the walk' relative to choosing electric solutions by choosing the costlier electric boilers. Town Manager Eric Heil noted that this is an industrial structure and residential all -electric heating alternatives are ineffective. Councilor Stanley noted that she better understands why gas is more convenient than electric for this project. Councilor Andrade stated he feels uncomfortable with the pivot to gas for this project given that electric is an imposition made to other stakeholders in Avon. Councilor Thuon said this pivot to gas over electric seems a little hypocritical. Councilor Stanley stated that the money spent on this project is from the community for the community and cost efficiency in gas boilers are passed along but she is torn on the decision as well. No public comment was made in person nor virtually. After deliberations, Councilor Thuon motioned to authorize the issuance of a Notice of Award for the construction of the Public Works Garage in the amount of $3,964.038 and fund the project budget of $4,164,038 with $1,600,000 ARPA funds and $2,564,038 Reserve funds. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 5.5. Work Session: Council Rules of Procedure and Group Expectations (Town Attorney Nina Williams) Video Start Time: 03:35:33 Town Attorney Nina Williams introduced the topic of the Work Session related to Council Rules of Procedure and Group Expectations. There were ample deliberations on the issues of mandatory attendance, remote attendance allowable absences in a calendar year, and removal from office. Councilors asked for a specific proposal on these topics to be brought forth in a future meeting. On the topic of Public Conduct of Council Members, Council supported the preparation and adoption of a Council Handbook by Resolution. As this was a work session, staff received feedback and no motion was requested. 5 AVON REGULAR MEETING MINUTES TUESDAY MAY 28, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLOPACO 6. CONSENT AGENDA Video Start Time: 04:23:27 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 6.1 Resolution 24-16 Supporting Grant Application to Department of Local Affairs (Town Manager Eric Heil) 6.2 Approval of Intergovernmental Agreement with Eagle River Fire Protection District Wildfire Mitigation for Wildland Fire Mitigation (Public Operations Manager Gary Padilla) 6.3 Approval of May 14, 2024 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) 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 unanimously with a 7-0 vote. 7. WRITTEN REPORTS 7.1. May 13th Planning and Zoning Commission Abstract (Planner II Max Morgan) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3.School Mural Project Update (Special Events Coordinator Chelsea Van Winkle and Michael Pasquarella, Special Events Coordinator) 7.4. Draft April 18 Culture, Arts & Special Events Committee Meeting Minutes (Michael Pasquarella, Special Events Coordinator) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:24:01 Councilor Thuon asked for the next generation of Avon stakeholders to involve themselves in the politics of municipal government. Councilor Hardy reminded the public of the Pride in the Park event taking place this Saturday, June 1st, 2024. Councilor Stanley reminded the public of the Art Guild Grand Opening on June 14th, 2024, and added that Sunset Live Series has kicked -off in Avon. She also asked for a report from staff updating Council on budget cuts to special events that were reallocated for special event marketing. Mayor Pro Tern Underwood reminded the public that tomorrow, May 291h, 2024, from 6 to 8 p.m. is the Eagle River Valley State of the River Talk with free food starting at 5:15 at Colorado Mountain College in Edwards. 0 AVON REGULAR MEETING MINUTES A TUESDAY MAY 28, 2024 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 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.highfivemedia.org. APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon RESPECTFULLY SUBMITTED: Miguel Jauregui CasAnVeva, Town Clerk 7