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TC Minutes 09-10-2024AVON REGULAR MEETING MINUTES A TUESDAYSEPTEMBER 10, 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 September 10, 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, Mayor Pro Tern Tamra Underwood, and Mayor Amy Phillips. Councilor RJ Andrade joined the meeting virtually at 5:00 p.m., and in person at 5:22 p.m. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Nina P. Williams, 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, Planning Manager Jena Skinner, Planner II Max Morgan, Long Range Housing Planner Patti Lierman, Public Works Director Eva Wilson, Town Engineer Nicole Mosby, General Government Intern Arnell Wade, and Avon Deputy Police Chief Colby Cosper. 2. APPROVAL OF AGENDA Video Start Time: 00:00:43 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tern Underwood motioned to approve the Agenda, as presented. Councilor Stanley 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: 00:01:22 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:40 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. S. CONSENT AGENDA Video Start Time: 00:02:15 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 5.1.Approval of August 27, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Resolution 24-23: Appointing Nina Williams as Town Attorney (Town Clerk Miguel Jauregui Casanueva) 5.3.Action on Trench, Conduit, and Vault (TCV) Agreement for Transformer Relocation at Nottingham Lower Athletic Field (Town Engineer Nicole Mosby) AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Without further deliberations, Councilor Hardy presented a motion to approve the Consent Agenda. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 6. BUSINESS ITEMS 6.1.PUBLIC HEARING: Second reading of Ordinance 24-13: Amending the Avon Municipal Code Regarding Dogs at Events (General Government Fellow Arnell Wade) Video Start Time: 00:03:00 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 brief deliberations, Councilor Carroll motioned to approve the second reading of Ordinance 24-13. Councilor Hardy seconded the motion. It was approved unanimously with a 7- 0 vote. 6.2.PUBLIC HEARING (QUASI-JUDICIAL): Major Development Plan Approval Harry A. Nottingham Park project (Community Development Director Matt Pielsticker) Video Start Time: 00:05:23 Planner II Max Morgan delivered a presentation on behalf of Community Development Director Matt Pielsticker related to the Major Development Plan Approval Harry A. Nottingham Park project. Planner II Morgan presented the two applications related to MJR24005 and AEC24005. Landscape Architect Pedro Campos with Zehren Architects joined Planner II Morgan at the podium to add his opinion on the landscaping proposal included in the materials. Planner II Max Morgan reviewed the design criteria applicable to the two applications with Councilors, noting it meets review criteria for approval. Questions from Council included inquiries on roof pitch, snow fencing/shedding, use of heated snow -gutters, design guidelines within the construction code, use of hard and soft materials that could match the stage, size of new walls consistent with the existing venue's design, electric vehicle parking allocations and electric ready infrastructure, parking and vehicle staging for load -in at the park and around the stage, and plantings on the south and west side. Councilor Hardy asked for Page 55 of the packet to be presented and requested that the word Men's on the north elevation of the building be moved. Additional deliberations included a discussion on the removal of a large cotton wood tree. Planner II Morgan presented a specific slide related to landscaping to explain the enhancement this tree removal will bring to the Park. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Councilor Thuon asked for camera surveillance to be installed with high quality state of the art cameras based on his note that the investigation into his son's attack at the stage was negatively impacted by low resolution cameras. Town Manager Heil added that the Engineering Department and Avon Police are working on camera upgrades Town wide and specifically at the stage. z AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A n O Town Manager Eric Heil thanked Council for their comments and added that there are plantings and landscaping on the south side, but the west side does present difficulties in adding more landscaping based on the skate plaza area which would impact that area. He added staff will revisit architectural design to add some windows on the south side and west side and indicated that they will investigate the use of native seeds in lieu of the proposed grass. Councilors debated how best to move the project forward while giving staff flexibility to make decisions to complete the project. Mayor Phillips recommended that the proposed motion be amended to include the following suggestions which Town Manager Heil summarized: (i) turf grass be replaced with drought tolerant grass or native grass, (ii) add landscaping on the south side of the building, and (iii) revisit south and west side to add architectural elements, perhaps windows or other design opportunities, to give it foresight of better design elements. After deliberations, Councilor Thuon motioned to approve AEC24005 based on the findings outlined by staff and including the summary of amendments presented by Town Manager Heil. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. Councilor Thuon also motioned to approve MJR24005 based on the findings outlined by staff and including the summary of amendments presented by Town Manager Heil. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 6.3. Presentation: Recreation Department Updates & Park Improvements (Recreation Director Michael Labagh) Video Start Time: 01:09:05 Recreation Director Michael Labagh delivered a presentation related to the Recreation Department & Park Improvements. Council consensus was to thank Rec Director Labagh for his hard work and that of his team for the Rec Dept programs. Rec Director Labagh asked for direction on dismount zone designations at the Park, and speed signs and center line striping at the Eagle Valley regional trail. Councilor Thuon asked for baffles to be added on the path to slow cyclists down, as well as simple and direct signage. Councilor Stanley asked for signage that prohibits Class II assisted bicycles. Mayor Pro Tern Underwood added that speed limits and mandatory pedaling requirements may be the best option to slow down cyclists on the path. Councilor Carroll wondered how best to educate cyclists that include children, teens and parents, along with the proposal to draft an Ordinance to regulate cyclist behavior in that area. Councilor Carroll added that the mural at Avon Elementary looks beautiful and asked to receive an update on whether it is maintenance heavy or not. Mayor Phillips opened the floor to public comment and Ms. Kathy Ryan, resident of Avon, took the podium in person to state that a -bikes don't accurately encapsulate the problem she deals with which is that 8-year-olds are riding around the path on small four -wheeled electric scooters. She added that children on class I electric bikes ride too fast and have no idea of how their potential actions could affect older adults and people with canes, baby carriages and dogs on leashes. She 3 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O n A c o added she feels there should be a minimum age regulation for the use of electric scooters and electric bicycles on the path. No other public comment was made in person nor virtually. As this was a work session, no motion was made and staff received Council feedback and direction. 6.4.Notice of Award: Avon Regional Transportation Facility (ARTF) HVAC Improvement Project (Public Works Director Eva Wilson) Video Start Time: 01:43:30 Public Works Director Eva Wilson introduced the topic of the Avon Regional Transportation Facility (ARTF) HVAC Improvement Project to address air pollution within the administrative offices of the facility and the notice of award associated with that improvement project. Councilor Andrade made inquiries on cost of the project and noted the great differences between the cost estimated and the bids received from contractors. Councilor Hardy asked why the budget is misaligned with actual construction costs and wondered what could be done for CIP budgeting to try and better prepare budgets and bid estimates. Councilor Carroll added that the use of subcontractors is likely increasing the cost of the project. Mayor Pro Tern Underwood noted this is a necessary repair for the health and safety of staff, but it is disappointing that it was not properly done in the first place. She asked for Director Wilson to update Council on who Baker Constructors are and why she believes they are best qualified to execute this necessary repair. Councilor Thuon noted that since this is necessary, he is in support of it. Councilor Carroll also added that as painful as this type of repair is, it is necessary, and he is in support of the lesser expensive of the bids. Councilor Andrade expressed concern about being so far off from the original budget, which Councilor Hardy also echoed. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Mayor Pro Tern Underwood motioned to approve the Avon Regional Transportation Facility (ARTF) HVAC Improvement Project. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 6.5.Work Session: Introduction to Avon Housing Authority and Community Housing Financing (Town Manager Eric Heil and Chief Financial Officer Paul Redmond) Video Start Time: 01:56:56 Chief Financial Officer Paul Redmond delivered a presentation related to the topic of Avon Housing Authority and Community Housing Financing which included a historical recap of the housing authority in Avon. Questions from Council included the reasoning for favoring private financing for these projects, understanding when the Town needs to ask its residents for permission to spend public funds, multi -year debt financing, alternative funding methods and their higher interest rates, status of revenue and debt of the housing authority, credit rating of the housing authority and of the Town, and a clarification from the Town Manager that it is not mandatory but preferred and traditional to give housing formality through such an authority in charge of housing in lieu of handling it directly through the Town's general government authority. Town Manager Heil added that the Town's most expensive project thus far was involved in the purchase of the Avon Police 4 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Department building, but housing developments that are coming will far exceed this cost and will require a financially conservative approach. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a work session, no motion was made and staff received Council feedback and direction. 7. WRITTEN REPORTS 7.1.August 26th Planning & Zoning commissions Meeting Abstract (Planner II Max Morgan) 7.2. Planning & Zoning Commission Vacancy Update (Planner II Max Morgan and Community Development Director Matt Pielsticker) 7.3.Abandoned Construction Remedy (Community Development Director Matt Pielsticker) 7.4.Salute to the USA 2024 Recap (CASE Manager Danita Dempsey) 7.5. Update on 3 Mile Planning Process (Community Development Director Matt Pielsticker) 7.6. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:16:25 Councilor Hardy mentioned there is a Planning and Zoning Commission vacancy and invited the public to apply. Councilor Thuon reminded the public that tomorrow is 9/11 and invited the public to remember those who lost their lives on that day and the families impacted. Mayor Pro Tern Underwood reminded the public about the community picnic that takes Thursday, September 12, 2024, from 5:30 to 7:30 p.m. at Nottingham Park. Mayor Phillips closed remarks by reminding the public that tomorrow, September 11, 2024, from 12:00 to 2:00 p.m., Avon Town Hall will host the CORE Transit meeting in which the winter proposed scheduled will be discussed that will include many new free routes. She highlighted that ridership is up 60% in July and August of this year. 9. EXECUTIVE SESSION Video Start Time: 02:18:45 Mayor Phillips requested a motion from her fellow councilors to proceed into Executive Session. Councilor Hardy motioned to retire into Executive Session (9.1.) 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 discussion of potential updates to certain deed restriction agreements; and, (9.2.)' 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 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 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: agreements with and potential claims against Freeman Signs, Inc., and discussion of next steps and negotiation parameters. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. The time was 7:21 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 7:28 p.m. The Executive Session ended at 8:35 p.m. 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:35 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. hiphfivemedio. orcp. RESPECTFULLY SUBMITTED: Miguel Jaureg/ui Casa eva, Town Clerk V APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon