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TC Minutes 07-09-2024AVON REGULAR MEETING MINUTES A TUESDAY JULY 9, 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 July 9, 2024, Council regular meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Rich Carroll, Lindsay Hardy, Ruth Stanley, RJ Andrade, Mayor Pro Tern Tamra Underwood, and Mayor Amy Phillips. Councilor Chico Thuon was absent at time of roll call and joined the meeting in person at 5:19 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, Chief Financial Officer Paul Redmond, Financial Analyst Chase Simmons, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Housing Coordinator Patti Liermann, Planner II Max Morgan, General Government Intern Arnell Wade, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:01:30 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Carroll asked to pull Written Report 7.3 for discussion among Councilors as Business Item 5.0. Mayor Pro Tern Underwood motioned to approve the Agenda, as amended by Councilor Carroll. 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: 00:03:17 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:30 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. Tim Drescher, resident of Avon, who is the Avon Wastewater Treatment Plant Supervisor with the Eagle River Water and Sanitation District took the podium in person and stated that after 41 months of capital improvements and $57 Million in spending, they have concluded upgrades to the Avon Waste Water Treatment Plant. He invited the public to join him at their Open House on July 241h, 2024, from 10 to 11:30 a.m. He also thanked the public and staff in Avon for their support on this capital improvement project. He was joined by Mr. Jeff Schneider with Eagle River Water and Sanitation who took the podium in person to speak of the impact of this project on environmental health in the community and thanked Avon for being good neighbors throughout the project. No other public comment was made in person nor virtually. 1 AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM L c F o S. BUSINESS ITEMS 5.0. Written Report 7.3. Monthly Financials (Senior Accountant Dean Stockdale) Video Start Time: 00:09:04 Councilor Carroll asked for dialogue and discussion on the trends presented in this Report, asking when staff should begin paying attention to them. Town Manager Eric Heil indicated this is the same financial snapshot he gets to analyze the Town's financial condition and it gets closely monitored. Mr. Heil added the historical context of this Report and its contents. He noted accommodations revenue is down and impacting sales tax from seeing less visitors staying in Town and confirmed that Town Staff is paying close attention and have begun adjusting their thinking on budgeting and spending in the two months preceding. He added that Staff is preparing the 2025 budget with a focus on keeping expenses flat, yet without panicking over these trends which can vary over the course of months. Mr. Heil added that there is a big variable in trends that is impacted by revenue in December, and that December revenue is wholly dependent on snowfall which directly impacts income and the financial close to the year. He closed remarks by stating that most mountain towns are seeing a decrease in visitors as compared to the end of the pandemic. Mayor Pro Tern Underwood added anecdotal evidence from her short-term rental which in summer of 2024 has seen very low occupancy compared to Summer of 2021. She asked Town Manager Heil to also speak of the use of DestiMetrics. Town Manager Heil indicated that in the past, only 4 properties were reporting occupancy to DestiMetrics but there are now considerably more hotels that could report to DestiMetrics so in 2024, the Town is looking at reactivating DestiMetrics and collecting data to track the performance of the lodging community. He added the Town would be paying for the cost of DestiMetrics and would consider an ordinance in fall of 2024 that would force the lodging community to report occupancy to DestiMetrics over winter. Mayor Phillips asked for the summer and winter occupancy trends to be measured separately, and added she feels that occupancy is now also up in summer months. Councilor Thuon joined the meeting in person at 5:19 p.m., before beginning Business Item 5.1. 5.1. Work Session: Quasi -Judicial Hearings Workshop (Town Attorney Nina Williams) Video Start Time: 00:18:20 Town Attorney Nina Williams delivered a presentation and workshop related to Quasi -Judicial Hearings. She discussed the difference between quasi-judicial hearings, legislative hearings, public hearings, the need for impartiality in all hearings, cures and remedies for conflicts, ex-parte issues, the open meetings law, and fielded questions from Councilors on these topics. Additional deliberations from Council included the retention and publicity of public comments and feedback received ahead of Council Meetings by text and/or email. Councilor Carroll asked staff to label hearings that are Quasi -Judicial as such in the Agenda, which Town Manager Heil agreed to by stating that future agendas that contain public hearings will also include quasi-judicial in parenthesis when applicable. No public comment was made in person nor virtually. As this was a work session, staff received feedback and no motion was requested. 5.2. PUBLIC HEARING: Resolution 24-19: Lot Split in Wildridge (Planner II Max Morgan) Video Start Time: 00:57:11 Planner II Max Morgan delivered a presentation related to Resolution 24-19: Lot Split in Wildridge. Councilor Carroll asked Staff to clarify if you can build a single-family home in a duplex lot, and was 2 AVON REGULAR MEETING MINUTES A TUESDAY JULY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO advised it is an option. He referred to page 26 in the spreadsheet and asked if there is evidence to back up the hypotheticals it contains. Councilor Andrade asked a question of curb cuts. Mayor Pro Tem Underwood asked Staff for more detailed information on undevelopable land on the lot and to speak in more detail of romanette vii. relative to scale and square footage of neighboring properties. She also asked questions related to setbacks and the inexistence of envelopes for the PUD. Mayor Phillips asked questions about the grid included on page 26 and asked if the addresses at 2730 and 4691 were originally lot splits. Mayor Pro Tem Underwood mentioned that lot splits are listed in Table 1-1 in page 23. Councilor Carroll asked questions related to the Glass Ceiling of 8608 feet that was proposed by the developer. Architect Bobby Ladd took the podium in person to deliver a presentation on behalf of the developer which covered the architectural project, design guidelines, glass ceiling of 8608 feet proposed as an area of reduced building height for future development to lessen impacts to Lot 51. Mayor Phillips opened the floor to public comment and Mr. Colin Meiring, resident of Avon, took the podium in person to state he opposes the lot split based on his understanding of Wildridge covenants. He indicated he believes the split has negative impact to neighbors, wildlife and property boundaries on the basis that the structure of a duplex would have been centered on the lot. He added that if the lot split is approved, he would appreciate a notice from the developer on when construction will begin given the congestion impacts it will cause to the neighborhood. Mayor Phillips acknowledged that Council also received an email from him in support of rejecting the split which Councilors took note of. Ms. Carol Hahn, resident of Avon, took the podium in person to state that she owns the duplex south of the project and she is the owner -applicant. She indicated she has lived there for 10 years and has been visiting Avon for 20 years. She added they would like to build a house for their expanding family and closed remarks stating she wants to be a good neighbor. No other public comment was made in person nor virtually. Councilor Thuon stated the owner could have built a structure 'coast to coast' and fill the lot and other things that would be more intrusive and egregious that what was presented by the applicant, and his personal view is that this project has gone above and beyond to mitigate impacts to view corridors and view ceilings and advised the developers they did a good job in spite of disagreement from others in the room, closing with the thought that this is a good plan. Councilor Andrade stated he is glad he is looking at this plan in lieu of a huge structure placed in the middle of the lot. Councilor Thuon highlighted that design would not have come before Council and could've simply been approved at the Planning and Zoning Commission level which would have been worse. Councilor Carroll agreed with Councilors Thuon and Andrade. Councilor Hardy stated that there is some congruency in the variety of housing afforded by this type of lot split, which she believes is consistent with the style of homes in Wildridge. She added she agrees with Staff findings in the report and believes this meets the criteria for the lot split. Councilor Stanley stated that the developer checked all the boxes and agreed with the statements of Councilor Andrade, acknowledging this is esthetically positive and she approves. Mayor Pro Tem Underwood stated that she is interested in the mitigations included at the end of the review criteria for lot splits in Avon and she believes that Council should tie them to the plat notes. She 3 AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C I, L C F ' highlighted that there should be plat notes for one curb cut, the glass ceiling of 8608, and the building envelope presented during the meeting so that she can approve of the findings. Councilor Carroll agreed with Mayor Pro Tern Underwood that plat notes should be a condition of the approval. Architect Bobby Ladd indicated that he would be happy for these conditions to be a part of the approval process. Councilor Carroll questioned Staff Recommended Findings Paragraph 3 which indicates that this project could help alleviate available local workforce housing, stating he doubts homes of this size would be used by local workforce. Councilor Thuon noted that the owner -developer will be moving out and selling their smaller home to move into this larger home and that the smaller home might benefit local workforce and the After deliberations, Mayor Pro Tern Underwood motioned to approve Resolution 24-19 based on the findings presented in the staff report, amending Paragraph 3 of the Staff Recommended Findings to read "the lot split amendment promotes public safety and general welfare by promoting two residences on these lots, and furthermore, based on the following conditions: (i) access and maintenance agreement for the shared driveway and snow storage area to be recorded prior to signature of the minor Subdivision plat, (ii) the plat will include that there shall only be one curb cut off of North Point Road, (iii) there shall be a plat note that the design is not to exceed the building height as represented made during the hearing tonight, and (iv) the plat shall show the building envelopes as represented at the hearing tonight. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 5.3. PUBLIC HEARING: Second Reading Ordinance 24-11: Amendments to Town Code on Primary Residence RETT Exemptions (Financial Analyst Chase Simmons) Video Start Time: 02:21:24 Financial Analyst Chase Simmons delivered a presentation related to the Second Reading of Ordinance 24-11, including a note that they adjusted the changes requested from Council during First Reading. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Councilor Carroll thanked Mr. Simmons for making these adjustments at his request. He added he understands that there could be a recession that lowers home prices in the future, but he is comfortable with the numbers included in this packet. Councilor Andrade stated that case -by -case, it's a greater benefit to the purchase than the 0.8% difference, and Councilor Hardy noted that this will help full-time locals. After deliberations, Councilor Thuon motioned to approve the second reading of Ordinance 24-11. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 5.4.Presentation: Regional Housing Needs Assessment Update (Housing Planner Patti Liermann) Video Start Time: 02:27:10 Housing Planner Patti Liermann delivered a presentation and update related to Regional Housing Needs in Avon. Town Manager Eric Heil announced that Staff applied for a $160k grant as the next step in creating a multijurisdictional housing authority, and it was granted, adding an additional source of funding which will bring forth a lot of conversation to determine where consensus lies and how Avon will participate. He reminded Council that this project involved Vail, Avon and Eagle County to match $160k. Town Manager Heil indicated this process will be very analogous to the creation of the Eagle Valley Transportation Authority. As this was a presentation, staff received feedback and no motion was requested. 4 AVON REGULAR MEETING MINUTES A TUESDAY JULY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.5.Review: draft of a Request for Proposal Slopeside Community Housing Project (Housing Planner Patti Liermann) Video Start Time: 02:44:15 Housing Planner Patti Liermann delivered a presentation and reviewed the draft of a Request for Proposal of the Slopeside Community Housing Project. Consensus from Council indicated Housing Planner Liermann can move forward with the 'Request for Qualifications' or RFQ to seek developer partners for Benchmark at Beaver Creek Tract Y "Slopeside". Councilors Stanley and Hardy volunteered to review the respondents to the RFQ. As this was a presentation, staff received feedback and no motion was requested. 5.6.First Reading Ordinance 24-08: Amendments to Town Code for Removal of Council Members (Town Attorney Nina Williams) Video Start Time: 02:56:10 Town Attorney Nina Williams delivered a presentation related to the first reading of Ordinance 24-08 and explained the types of offenses that would trigger the process of removal of a Council Member. Councilor Andrade asked how Councilors would initiate the process. Town Manager Eric Heil added the suggestion that the Ordinance should be updated on second reading to include that it will occur "upon a concurring vote of 5 members of Council" and should remove the reference to a Calendar Year. They fielded questions and entertained deliberations from Councilors. Mayor Phillips indicated that Councilors would receive a copy of an updated Council Handbook during second reading. Councilor Andrade asked about the use of conviction in present tense, and asked if it should be convicted while serving in office or anytime in the past. Town Attorney Nina Williams indicated that the changes brought up by Council included: 2.05.03(a) add at a regular or special meeting, 2.05.04(a) upon a concurring vote of 5 members of Council, 2.05.04(c) delete 'in the same calendar year', 2.05.04(d) delete this subsection, and in 2.05.50 delete (b). Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Thuon motioned to approve the first reading of Ordinance 24-08 with the amendments summarized by Town Attorney Williams. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 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 June 11, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 6.2 Approval of Easements with Holy Cross Energy for Underground Electric Conversion at the Harry A. Nottingham East Park (Town Engineer Nicole Mosby) 6.3 Resolution 24-20 Approving the Expenditure of Community Enhancement Funds (Chief Administrative Officer Ineke de Jong) 6.4 Notice of Award: Swift Gulch Overlay Project (Town Engineer Nicole Mosby) 6.5 Change Order for Subgrade Replacement on Trail Project (Town Engineer Nicole Mosby and Town Manager Eric Heil) 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 5 AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM - a 7-0 vote. 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority May 23, 2024 Meeting Summary (Mayor Pro Tern Tamra Underwood) 7.2.June 10th Planning & Zoning commissions Meeting Abstract (Planner II Max Morgan) 7.4.Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin) 7.S.Special Events Marketing Update (CASE Manager Danita Dempsey) * * Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:20:17 Councilors Carroll and Thuon congratulated staff on their work during Salute to the USA on July 3'd, highlighting the success brough by the musical act of Melissa Etheridge and the fireworks show. Councilor Stanley mentioned that she was present at the last board meeting of the Vail Valley Art Guild and delivered a summary of the meeting to her fellow Councilors. She also invited the public to visit the guild at their website at www.vvagco.org. She also invited the public to participate in the Community Survey that went live on Monday, July 8, 2024. Mayor Phillips reminded the public that the Eagle Valley Transit Authority will have a meeting tomorrow, July 10, 2024, at Council Chambers at 12:30 p.m. She noted the new name for this organization will be announced in the next week or so. She also thanked staff for the Salute to the USA event. She continued by stating she is sensitive to the speed of e-bikes on paths, and cyclists knocking down signage and being rude to pedestrians, so a more robust signage may be necessary to remind cyclists that it is a shared space with pedestrians. She added that Councilors received a note from an Avon Resident who is disabled that was asking for more care of pedestrian paths in the area and asked for staff to begin talking about bike regulations ahead of the results of the community survey. Town Manager Heil indicated that more signage will be placed at Nottingham Park to raise awareness and there will be a debrief of improvements needed, increased regulations for the use of e-bikes in the park, and dismount zones may make sense going forward. Mayor Phillips asked that REC staff ensure that signs are visible at the park, perhaps throughout the day. Councilor Thuon added that the Town of Eagle also passed some regulations on e-bikes recently. Mayor Pro Tern Underwood attended a special tour with the Vail Symposium of the National Renewable Energy Lab in Golden compliments of Avon constituent Bill Ferris. On Thursday, July 11, 2024, as Avon's representative of the Upper Eagle Regional Water Authority, she will attend a tour of the Eagle Mine with the Eagle River Coalition. As a result of an invitation received last month, Mayor Phillips and she will attend a tour of the Mountain Family Health Center and invited her fellow Councilors to attend. She added she has received compliments on the repairs of the paved trails in Avon. She also congratulated staff on Salute to the USA. She closed remarks stating that she and Amy have completed the Town Manager's review and will circulate it to fellow Councilors tomorrow, July 10, 2024. C: AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 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 8:32 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. RESPECTFULLY SUBMITTED: Miguel Jaureguktar, Town Clerk APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon