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TC Minutes 08-27-2024AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 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 August 27, 2024, Council regular meeting to order at 5:10 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tern Tamra Underwood, and Mayor Amy Phillips. Councilor RJ Andrade was absent. They were joined in person by Town Manager Eric Heil, General Government Manager Ineke de Jong, 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, Sustainability Coordinator Sarah Smith Hymes, and Avon Police Chief Greg Daly. Town Attorney Nina P. Williams joined the meeting virtually. 2. APPROVAL OF AGENDA Video Start Time: 00:10:26 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Thuon motioned to approve the Agenda, as presented. Councilor Stanley 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: 00:10:51 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:11:05 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 McMahon, resident of Avon, took the podium in person to state that the new Avon Elementary speed signs need improvements and appear inconsistent on opposite sides of the roadway. He also spoke of the high rate of suicide in the County and his request for Council to contact CDOT to ask for the installation of suicide netting or fencing at the green bridge in Red Cliff to prevent future suicides in the Valley. Mr. JK Perry with High Five Access Media took the podium in person to update Council on their recent programs and events, including their summer camp in Avon, the recently launched closed captioning service for recordings of Council Meetings, an $80,000 NPI DOLA grant that they recently received which will help with infrastructure and fundraising, an electoral Council candidate forum coming up soon, and plans to celebrate their 40th-year anniversary in 2025. No other public comment was made in person nor virtually. 1 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c 6 L 0 r n D v 5. CONSENT AGENDA Video Start Time: 00:22:19 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 5.1.Approval of August 13, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2.Resolution 24-22: Approving a Grant of PEG Funds (Chief Financial Officer Paul Redmond) Without further deliberations, Councilor Stanley presented a motion to approve the Consent Agenda. Councilor Thuon seconded the motion. It was approved unanimously with a 5-0 vote of those present, with Councilor Hardy briefly stepping out of the room at the time of voting. 6. BUSINESS ITEMS 6.1. Presentation: Eagle Valley Community Foundation Update (EVCF Director of Development and Marketing Grace Anschutz) Video Start Time: 00:23:25 Eagle Valley Community Foundation Director of Development and Marketing Grace Anschutz and Annual Giving Manager Alex Kandalaft delivered a presentation updating Councilors on the most recent programs and activities at the Eagle Valley Community Foundation (EVCF). As this was a presentation to Council, no motion was requested. 6.2.PUBLIC HEARING: Second Reading Ordinance 24-12: Use Tax Ballot Question (Chief Financial Officer Paul Redmond) Video Start Time: 00:41:57 Chief Financial Officer Paul Redmond delivered a presentation related to the second reading of Ordinance 24-12. Town Manager Eric Heil asked that the ballot language included in the report relative to the $125k materials exemption be amended to remove "a calendar year" and replace it with "construction materials". Mayor Phillips opened the floor to public hearing and no public comment was made in person nor virtually. Councilor Carroll asked Town Manager Heil to explain how the Fair Campaign Practices Act comes into play after this Ordinance gets approved. After deliberations, Councilor Stanley motioned to approve the second reading of Ordinance 24-12. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.3.PUBLIC HEARING: Second Reading Ordinance 24-14: Approving Excel Franchise Agreement (Town Manager Eric Heil) Video Start Time: 00:58:14 Town Manager Eric Heil introduced the topic of the second reading of Ordinance 24-14. Mayor Phillips opened the floor to public hearing and no public comment was made in person nor virtually. After brief deliberations, Mayor Pro Tern Underwood motioned to approve the second reading of Ordinance 24-14. Councilor Stanley seconded the motion. It was approved 2 AVON REGULAR MEETING MINUTES A TUESDAY AUGUST 27, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO unanimously with a 6-0 vote of those present. 6.4.Approval of Cost Sharing Agreement with Traer Apartments for Construction of Recreation Trail (Town Manager Eric Heil) Video Start Time: 01:00:55 Town Manager Eric Heil delivered a presentation related to the approval of a Cost Sharing Agreement with Traer Apartments for the construction of a recreation trail. Mayor Pro Tern Underwood asked if this form of Cost Sharing Agreement has been used successfully in the past and was advised the Town has not, but it was put together by Town Attorney Nina P. Williams and Town Manager Heil is satisfied with its form, albeit a new form of cost -sharing agreement for the Town's future use. He highlighted that the Town will not be responsible for maintaining retaining walls in this trail which will produce future savings. Councilor Carroll asked questions around paragraph 6 of this agreement. Councilor Stanley asked if this type of cost sharing agreement is common and was advised this is the first of its kind for Avon but there will be more like it as Avon continues to expand and partner in new projects such as the one for the new water tank. Town Manager Heil added this is not a form of contract and each situation will receive a more tailored agreement. Mayor Phillips asked that this project be completed prior to issuing any temporary certificate of occupancy or certificate of occupancy for the apartments. 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 signing of a Cost Sharing Agreement with Traer Apartments for the construction of a recreation trail. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.5.Work Session: Donorship to Support the MT2030 Foundation Community Campaign (Sustainability Coordinator Sarah Smith Hymes) Video Start Time: 01:09:31 Sustainability Coordinator Sarah Smith Hymes delivered a presentation related to the request for a donorship to support the MT2030 Foundation Community Campaign. She asked for Council to consider a contribution of $5,000 to join the inaugural Mountain Town 2030 Foundation Community Campaign. She summarized that MT2030 was founded on the principle that mountain communities can be powerful drivers of real climate action. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Thuon motioned to support the inaugural MT2030 Foundation Community Campaign with funds coming from the Sustainability Budget. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6.6.Approval of All -Electric Public Works Garage and update on Photovoltaics and Battery Storage for Swift Gulch (Town Manager Eric Heil and Public Works Director Eva Wilson) Video Start Time: 01:19:10 Town Manager Eric Heil introduced the topic of the all -electric Public Works Garage, and updated Council on the use of photovoltaics and battery storage for Swift Gulch. He summarized the financial impacts and implications of an all -electric facility. Councilor Thuon spoke in favor of the proposal even if it brings unknown costs and requires a lot of estimating and was joined by Councilor Stanley who also asked what could go wrong. She was advised that Mayor Phillips opened the floor to public comment and Ms. Kim Schlaepfer, resident of Avon, took the podium virtually to thank Council and Staff for working hard finding the right solution for electrification of this facility to address climate change and asked Council to support this change. She stated it is well proven that natural gas is no longer essential, and it demonstrates Avon's commitment to the environment by building sustainable public facilities. No other public comment was made in person nor virtually. After deliberations, Councilor Hardy motioned to approve switching the construction of the Public Works Garage to an all -electric heating system. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.7.Approval of Avondale Design Work (Community Development Director Matt Pielsticker) Video Start Time: 01:34:52 Community Development Director Matt Pielsticker delivered a presentation related to the approval of the Avondale design work. He provided a historical recap of the project to Council. Town Manager Eric Heil explained how this process works in tandem with the PUD amendment to shorten the time frame to complete this development. Mayor Pro Tern Underwood asked if this project was designed to allow for prefab and stick built and was advised it was. She added that the design example in packet page 235, it showcases white as a preferred color and received confirmation that the Town will not pursue white exteriors for this project. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Stanley motioned to approve Amendment No. 5 with Site Architects to proceed to Preliminary Design in amount not to exceed $41,000. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.8.Work Session: Homelessness / Unhoused (Town Attorney Nina Williams) Video Start Time: 01:44:21 Town Attorney Nina Williams introduced the topic of current Code regulations applicable to homelessness in Avon. Councilor Stanley asked what prompted this work session, and was advised it is a hot topic based on a recent Supreme Court resolution related to the unhoused. Councilor Thuon reflected on the fact that people don't choose to be homeless and wondered if the Town could be a trendsetter in adding a compassionate statement in the ordinance. 4 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 A Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Town Manager Eric Heil summarized the resources being used by the Avon Police Department to tackle the issue with empathy and positive long -term solutions. Mayor Pro Tern Underwood asked for a compassionate tone in the recitals of any ordinance addressing this issue. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Consensus from Council was to move forward with Option 3 presented in the packet. 6.9. First reading of Ordinance 24-13: Amending the Avon Municipal Code Regarding Dogs at Events (General Government Fellow Arnell Wade) Video Start Time: 02:00:40 Town Manager Eric Heil introduced the topic of the first reading of Ordinance 24-13. General Government Fellow Arnell Wade delivered a presentation related to Ordinance 24-13. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Stanley motioned to approve the second reading of Ordinance 24-13. Councilor Thuon seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.10. Fitness Court Update (Recreation Director Michael Labagh) Video Start Time: 02:06:15 Recreation Director Michael Labagh delivered an update on the status of the Fitness Court. Town Manager Heil noted it is almost impossible to keep kids away and the Town and CIRSA are exploring different alternatives to minimize the Town's risk and exposure. Mayor Phillips asked that the Town try one last time to find a way to donate this athletic equipment to a community that may want it. Councilor Thuon asked how long it would take to dispose of this equipment and was advised Staff is exploring how to most effectively dispose of this equipment. Councilor Hardy reminded staff this was originally planned to be a picnic pavilion and encouraged staff to go back and explore that use. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a presentation to Council, no motion was requested. 7. WRITTEN REPORTS 7.1.Monthly Financials (Senior Accountant Dean Stockdale) 7.2. Monthly Public Operations Update (Operations Manager Gary Padilla) 7.3. Bi-Monthly Sustainability Update (Sustainability Manager Charlotte Lin) 7.4. Upper Eagle Regional Water Authority July 25, 2024 Meeting Summary (Mayor Pro Tern Tamra Underwood) 7.5.Council Chambers Audio Visual Upgrade Project (Chief Information Officer Robert McKenner) ** Indicates topic will be discussed at future agenda's AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:21:07 Councilor Stanley stated that tomorrow, August 28, 2024 is the last AvonLive! and invited the public to attend from 6:00 p.m. to 9:45 p.m. She also reminded the public that this is the last week for SunsetLlVE! and Lakeside Cinema. Councilor Carroll asked Town Clerk Jauregui when the Town will send out a press release announcing the Council candidates that will be on the ballot and was advised it will take place this week. He also thanked the organizers in Town for the annual Cars in the Park event. Councilor Thuon wished everyone a happy end of summer. Mayor Phillips stated that Councilor RJ Andrade is her alternate at CORE Transit and she as primary and he as alternate will be both be ending their tenure on that Board in December. She asked staff to facilitate that Councilor Carroll become her new alternate so that the Town receives continuity of representation at the CORE Transit Board. Mayor Pro Tern Underwood invited the public to attend the community picnic on Thursday, September 12, 2024, from 5:30 to 7:30 p.m. at Nottingham Park. 9. EXECUTIVE SESSION Video Start Time: 02:28:55 Mayor Phillips requested a motion from her fellow councilors to proceed into Executive Session. Mayor Pro Tem 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 6-0 vote of those present. The time was 7:30 p.m. 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 7:38 p.m. The Executive Session ended at 8:22 p.m. 6 AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:22 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 Jauregui APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy D1 Rich Carroll Chico Thuon eva, Town Clerk