TC Minutes 08-13-2024AVON REGULAR MEETING MINUTES A
TUESDAY AUGUST 13, 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 August 13, 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,
Lindsay Hardy, Ruth Stanley, RJ Andrade, Mayor Pro Tern Tamra Underwood, and Mayor Amy
Phillips. They were joined by Town Manager Eric Heil, 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, Public Works Director Eva
Wilson, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner,
Sustainability Coordinator Charlote Lin, Communication Manager Liz Wood, and Avon Police
Chief Greg Daly.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:41
Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tern
Underwood motioned to approve the Agenda, as presented. Councilor Thuon 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: 00:01:04
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:01:19
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. CONSENT AGENDA
Video Start Time: 00:01:56
Mayor Phillips introduced the approval of the Consent Agenda to include the following:
5.1.Approval of July 23, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2.Approval of Intergovernmental Agreement (IGA) for an Amendment of the CDOT Grant for
the Avon Road Flashing Beacons (Town Engineer Nicole Mosby)
5.3.Appointing Avon's Designated Election Official and Authorizing the Execution of the
Intergovernmental Agreement (IGA) related to the 2024 Coordinated Mail -Ballot Election
(Town Clerk Miguel Jauregui Casanueva)
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AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 13, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
5.4.Approval of Intergovernmental Agreement (IGA) for DC Fast Chargers Plazas Grant (Mobility
Manager Jim Shoun)
5.5. Resolution 24-21: Ratifying Approval of National Opioid Settlement with Kroger (Town
Attorney Nina Williams)
Mayor Phillips opened the floor to public comment and no public comment was made in person
nor virtually. Without further deliberations, Councilor Stanley presented a motion to
approve the Consent Agenda. Councilor Hardy seconded the motion. It was approved
unanimously with a 7-0 vote.
6. BUSINESS ITEMS
6.1.Presentation: SpeakUp ReachOut Update (SpeakUp ReachOut Awareness & Brand Manager
Leslie Robertson)
Video Start Time: 00:02:25
SpeakUp ReachOut Awareness & Brand Manager Leslie Robertson delivered a presentation
updating Councilors on the most recent programs and activities at SpeakUp ReachOut. No
public comment was made in person nor virtually. As this was a presentation to Council, no
motion was requested.
6.2.Presentation: Core Transit (Eagle Valley Transportation Authority) Progress Update (Core
Transit Deputy Director Scott Robinson)
Video Start Time: 00:17:20
Core Transit Director Tanya Allen delivered a presentation on behalf of Core Transit Deputy
Director Scott Robinson updating Councilors on the most recent programs and activities at Core
Transit. No public comment was made in person nor virtually. As this was a presentation to
Council, no motion was requested.
6.3. Presentation: Update on Early Childhood Education School (Town Manager Eric Heil and Vail
Valley Foundation Vice President Mike Imhof)
Video Start Time: 00:29:30
Town Manager Eric Heil and Vail Valley Foundation Vice President Mike Imhof delivered a
presentation updating Councilors on the Early Childhood Education School, to be built in
Planning Area E at the Village at Avon. This included a discussion on the approval process and
next steps. No public comment was made in person nor virtually. As this was a presentation to
Council, no motion was requested.
6.4.Appeal to Council - Primary Residence Real Estate Transfer Tax Exemption (Chief Financial
Officer Paul Redmond)
Video Start Time: 00:50:07
Chief Financial Officer Paul Redmond delivered a presentation related to the request for a
Primary Residence Real Estate Transfer Tax Exemption for the residences located at 38460 US
Hwy 6 Unit 306, Avon CO 81620; 38460 US Hwy 6 Unit 402, Avon CO 81620; 38460 US Hwy 6
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AVON REGULAR MEETING MINUTES A
TUESDAY AUGUST 13, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
Unit 411, Avon CO 81620; and, 126 Riverfront Lane #450, Avon CO 81620. It was highlighted
that Town Council's granting of this appeal will likely result in an exemption for each of the four
primary residences in the amount of $3,200, which would have been approved had they been
filed timely with the Town.
Council consensus expressed frustration that licensed realtors and title companies are not
explaining to residents the existence of this RETT exemption. Councilor Andrade asked if these
homeowners were contacted in any way to advise them of the RETT exemption, and Chief
Administrative Officer Ineke de Jong advised that Deputy Town Clerk Brenda Torres sends a
welcome letter to new homeowners of Avon, advising them of the RETT exemption but it is not
sent through certified mail and is directed to the address provided to the County Clerk and
Recorder at time of recording, all of which does not guarantee receipt by the purchaser.
Mayor Phillips opened the floor to public comment and Ms. Sandy Gaffner, resident of 126
Riverfront Lane #450, took the podium in person to state that she was advised at closing of the
purchase of her home that she had 1 year to apply for the RETT exemption and only found out
later the window had closed. She asked for Council to consider approving the extension to file
the RETT exemption so she can receive the tax benefit. No other public comment was made in
person nor virtually.
After deliberations, Councilor Carroll motioned to approve the appeal for an extension of time
to file an application for primary residence exemption for the property located at 38460 US
Hwy 6 Unit 306, Unit 402, Unit 411 and 126 Riverfront Lane Unit 450. Councilor Hardy seconded
the motion. It was approved with a 6-1 vote, with Councilor Andrade voting nay.
6.5.Work Session: US6 Pedestrian Safety Design Update (Public Works Director Eva Wilson)
Video Start Time: 01:08:00
Public Works Director Eva Wilson delivered a presentation and update to Councilors related to
the US6 Pedestrian Safety Design. Council questions included those on cost increases for curb
cuts, inlets and culverts. Councilor Carroll asked that whatever option the Town negotiates with
CDOT, it is documented in writing and made legally binding. He asked if there was a deadline
to spend the money from the grants and was advised if the project shows progress, the grants
will stay in place.
Councilor Andrade asked if removing the traffic signal will still reduce pedestrian safety. Town
Manager Heil stated that the lowered speed limit and signalized pedestrian crossing will make
the intersection safer, but likely not as safe as with a stop light. Mayor Pro Tern Underwood
asked Ms. Wilson for an update on communication with the neighborhood around the change
in the traffic calming plan. Ms. Wilson advised that she has reached out to them, and most are
awaiting to hear from Council's discussion of the topic before expressing their position.
AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 13, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
Mayor Phillips opened the floor to public comment and Mr. Michael Pascal, resident of Avon,
took the podium in person to ask how the drainage will work, with concern for filtration of
water before it re-enters the river. He also expressed concern over snow plowing operations
worsening with medians in place. He noted he speaks for himself because the residents Of River
Forge are torn on which project they favor. He stated he is personally against the stop light
because of the impact it would have on exiting the River Forge property.
Mr. Randy Mans, resident of Avon, took the podium in person to state that he is a pedestrian
and uses the bus service to get around, specifically in this area. He noted his concerns for
pedestrian safety without adequate lighting. He also added that he is not in favor of the stop
light because it will slow the process of exiting the River Forge property.
Ms. Jean Klein, resident of Avon, took the podium virtually to state that she is a routine bus
system user and when she gets offloads at the Stone Bridge Bus Stop at night, it is very dark
and on the opposite side of her home on Highway 6. She asked for improvement for pedestrians
and was unsure if the stop light was necessary but that reduced 35 MPH speeds would be very
helpful if speeding enforcement also takes place.
Ms. Kathleen Walsh, resident of Avon, took the podium virtually to state she opposes the stop
light given that the new 35 MPH lowered speed limit should provide a sufficient traffic calming
effect. She then spoke of the need for bus shelters along Route 6 that should be put back in
place to increase pedestrian safety and comfort. No other public comment was made in person
nor virtually.
Mayor Pro Tern Underwood asked Ms. Wilson to confirm how water would be filtered before
being sent to the river and was advised through new water vaults that would remove pollutants
from the water before water reaches the river.
Mayor Phillips asked Ms. Wilson to speak of lighting that will be added to the crosswalks. She
also asked Ms. Wilson to speak of new stop lights that have active and programable traffic
monitoring. She noted that the purpose of the now 10-year long project is to get pedestrians
across the highway as safely as possible, which is increased by a stoplight versus a crosswalk
light.
Councilor Thuon spoke of the cost of a life and added that the traffic light's primary focus was
to increase pedestrian safety as much as possible, although an inconvenience to some. He
added that saving money should not be put ahead of pedestrian safety in the area.
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AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 13, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
Councilor Stanley stated that she was and still is in favor of the stop light since it is the safest
option. Councilor Hardy spoke of the curb and drainage and asked staff to contact Vail resorts
to help with lighting of pedestrian crossings near them. She stated she was torn on the issue of
the stoplight because of the pros and cons it brings.
Councilor Andrade stated that he is in favor of the stoplight. Councilor Carroll spoke of being
torn on the stop light and asked to get CDOT's position in writing. Mayor Pro Tern Underwood
said she too was torn on the stoplight solution given that it may not be the best alternative and
said she would vote with the majority. Mayor Phillips stated she is in favor of the stoplight
based on the many benefits she described it would bring.
After ample deliberations, Councilor Thuon motioned to support and move forward with
revised Option 1: [Continue with the traffic signal and add drainage infrastructure. Increase
project cost upwards of $450K (+$1.5M drainage + $250k design - $1.3M CEI). Total projected
project cost: $5.65M. Anticipated shortfall: $3.15M]. Councilor Stanley seconded the motion.
It was approved unanimously with a 7-0 vote.
6.6.PUBLIC HEARING (QUASI-JUDICIAL): First Reading Ordinance 24-09: REZ24001; Rezoning of
the East Avon Preserve to Community Housing (Planning Manager Jena Skinner)
Video Start Time: 02:21:17
Planning Manager Jena Skinner delivered a presentation related to the second reading of
Ordinance 24-09. Mayor Pro Tern Underwood asked for Town Manager Heil to elaborate on
the planning and design work of the water tank that would be paid for by Traer Creek. Ms.
Skinner stated that Planning and Zoning Commission is in favor of the rezoning. Mayor Phillips
opened the floor to public hearing and no public comment was made in person nor virtually.
Councilor Carroll asked if the Ordinance should refer to Community Housing High Density-1 and
was advised the correction was already made. After ample deliberations, Councilor Carroll
motioned to approve the second reading of Ordinance 24-09. Councilor Hardy seconded the
motion. It was approved unanimously with a 7-0 vote.
6.7. First Reading Ordinance 24-12: Use Tax Ballot Question (Chief Financial Officer Paul Redmond)
Video Start Time: 02:44:30
Chief Financial Officer Paul Redmond delivered a presentation related to the first reading of
Ordinance 24-12. Director Redmond fielded questions from Council on neighboring
communities' construction use tax exemptions, whether $100,000 is a large enough exemption,
and if the title could be improved by explaining that Community Housing in the ballot title could
be expanded to explain that it encompasses different kinds of housing.
Mayor Phillips opened the floor to public comment and no public comment was made in person
nor virtually.
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AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 13, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
Councilor Carroll commented that this construction use tax home improvement exemption
should be increased to $125,000 based on the median. Councilor Hardy agreed. Mayor Pro Tern
Underwood agreed and wondered how to include a method applicable to the $125,000
exemption to prevent it from getting stale and increase through time without having to pass
an ordinance. Councilor Andrade wondered if it is the right time to try and push this initiative
forward again at the ballot this year. Mayor Pro Tern Underwood asked staff to include an
exception for single family and duplex home builders to have the option to pay this tax at time
of receiving certificate of occupancy.
After deliberations, Mayor Pro Tern Underwood motioned to approve the first reading of
Ordinance 24-14, as written in the packet but changing the exemption level to $125,000 in the
ballot language and in addition, escalation of the exemption threshold over time to the extent
recommended by the Town Attorney and with a revised ballot title, and including an allowance
to defer its payment generated by single family and duplexes until Temporary Certificate of
Occupancy or Certificate of Occupancy is obtained. Councilor Hardy seconded the motion. It
was approved with a 6-1 vote, with Councilor Andrade voting nay.
6.8.First reading of Ordinance 24-14: Approving Xcel Franchise Agreement (Town Manager Eric
Heil)
Video Start Time: 03:17:57
Town Manager Eric Heil introduced the topic of the first reading of Ordinance 24-14. He was
joined virtually by Mr. Ken Fellman of the Law Firm Wilson, Williams, Fellman and Dittman who
provided a summary of his memo to Council. Mayor Phillips opened the floor to public
comment and Ms. Blair McGary, new area representative for Xcel Energy, took the podium in
person to thank Council for their partnership with the 20-year franchise agreement that just
expired and made herself available to Council by offering her business card in the back of the
room. No other public comment was made in person nor virtually. After deliberations, Mayor
Pro Tern Underwood motioned to approve the first reading of Ordinance 24-14. Councilor
Stanley seconded the motion. It was approved unanimously with a 7-0 vote.
6.9. Resolution 24-17 Amending the Simplified Rules of Order for Avon Town Council Meetings and
Adopting Amended Town Council Handbook (Town Attorney Nina Williams)
Video Start Time: 03:27:45
Town Attorney Nina Williams delivered a presentation related to Resolution 24-17. She was
joined by Chief Administrative Officer Ineke de Jong who summarized the contents of the
report to introduce this topic. 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 Resolution 24-17, with an amendment to Section V of the simplified rules of procedure
to limit four remote attendances to council meetings "in a calendar year excluding virtual only
meetings". Councilor Stanley seconded the motion. It was approved unanimously with a 7-0
vote.
AVON REGULAR MEETING MINUTES A
TUESDAY AUGUST 13, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O
7. WRITTEN REPORTS
7.1.JUly 16th Health & Recreation Committee Meeting Minutes (Recreation Aquatics
Superintendent Kacy Carmichael)
7.2.August 5th Avon DDA Board Meeting Minutes (Chief Administrative Officer Ineke de Jong)
7.3.2025 Community Grants Program (Communications Manager Elizabeth Wood)
** Indicates topic will be discussed at future agenda's
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:40:30
Councilor Stanley shared that the High Five Access Media summer camp was a big success,
and attendance more than doubled from last year. She added that students created four
short films. She invited the public to visit: www.highfivemedia.org to view them.
Mayor Pro Tern Underwood stated the Town had a fantastic Dancing in the Park show and
thanked those involved in the production. She added that the mural at Avon Elementary is
now finished and fantastic and she invited the public to go see it.
Mayor Phillips reminded the public that Core Transit, formerly the Eagle Valley Transit
Authority, will have their monthly meeting tomorrow, August 14, 2024, at Council
Chambers at Avon Town Hall at noon, 12:00 p.m. She added more than half the fleet now
have the new logo on them. She added that on August 24th, 2024, 10 am to 4pm at
Nottingham Park, there will be a car show which this year will include a Mayor's Choice
Award. She noted that she intends for her fellow Councilor to participate in casting a vote
alongside her and she will cast a vote based on majority from her fellow Councilors to
determine who should win the Mayor's Choice Award.
9. EXECUTIVE SESSION
Video Start Time: 03:45:50
Mayor Phillips requested a motion from her fellow councilors to proceed into Executive
Session. Mayor Pro Tern Underwood motioned to retire into Executive Session for the purpose
of conferencing with the Town Attorney for the purpose of receiving legal advice on specific
legal questions under C.R.S Section 24-6-402(4)(b), and for the purpose of determining
positions relative to matters that may be subject to negotiation, developing strategy for
negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e), and the
following additional details are provided for identification purposes: Legal advice and potential
negotiating parameters concerning State Land Board annexation and other related matters.
Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. The time
was 8:46 p.m.
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AVON REGULAR MEETING MINUTES
TUESDAY AUGUST 13, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C 0 L 0 R n o 0
At the roll call, all members of Council were present. Also present were Town Manager Eric
Heil, Deputy Town Manager Patty McKenny, Town Attorney Nina Williams, Chief Administrative
Officer Ineke de Jong, Chief of Police Greg Daly, Deputy Chief of Police Coby Cosper, Finance
Director Paul Redmond, and Planning Director Matt Pielsticker. The Executive Session started
at 8:54 p.m. The Executive Session ended at 9:37 p.m.
10. 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.highfivemedic.org.
APPROVED:
Mayor Amy Phiâ–ºlips
Tamra Underwood
Ruth Stanley
Lindsay Hardy
RJ Andrade
Rich Carroll
Chico Thuon
s
RESPECTFULLY SUBMITTED:
Miguel Jau
Casanueva, Town Clerk