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TC Minutes 09-24-2024AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 24, 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 September 24, 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 was absent at time of roll call and joined the meeting in person at 5:31 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, Long Range Housing Planner Patti Lierman, Senior Accountant Chase Simmons, Town Engineer Nicole Mosby, General Government Intern Arnell Wade, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:43 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Stanley asked for Consent Agenda Item 5.2 to be pulled from the Consent Agenda and added to the Business Item Agenda as Business Item 6.0. Councilor Thuon motioned to approve the Agenda, as amended. 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: 00:01:40 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:55 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 congratulate the Town on the success of its community picnic. He also asked for future Council Candidates to be required to attend Council Meetings in the year preceding their candidacy before they can run for a Council seat, and closed remarks by speaking of suicide awareness month. Ms. Liz Wood, Communications and Marketing Manager for the Town of Avon, took the podium in person and stated she looks forward to presenting Council with the results of the community AVON REGULAR MEETING MINUTES avon TUESDAY SEPTEMBER 24, 2024 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L 0 R A o 0 survey and noted she received 1,021 responses which exceeded her minimum target of 1,000. She also asked for Mayor Phillips to participate in a lottery drawing that included the names of all participants of the community survey. Mayor Phillips drew the name Mike Retzke who was the winner of the e-bike for taking the survey. No other public comment was made in person nor virtually. 5. CONSENT AGENDA Video Start Time: 00:07:40 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 5.1 Approval of September 10, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2 5.3 Notice of Award: Design Amendment for the US6 Safety and Mobility Project (Public Works Director Eva Wilson) Councilor Stanley motioned to approve the Consent Agenda, as amended. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6. BUSINESS ITEMS 6.0.[Formerly Consent Agenda Item 5.2.] Notice of Award: Council Chambers Audio Visual Replacement (Chief Information Officer Robert McKenner) Video Start Time: 00:08:05 Councilor Stanley asked if High Five Media will still be included as part of future operations for Council Meetings and was advised by Town Manager Eric Heil that they will and there is no plan to change their use at Council Meetings. She also asked if the proposal would reuse any old A/V equipment and was advised that it would not. She also asked when the project would be completed, and was advised it would be completed in December of 2024. After brief deliberations, Mayor Pro Tern Underwood motioned to approve the Notice of Award related to the Council Chambers Audio Visual Replacement. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.1.Resolution 24-24: Supporting Town of Avon Ballot Issue 2C - Use Tax on New Construction to Fund Community Housing (Chief Financial Officer Paul Redmond) Video Start Time: 00:11:26 Chief Financial Officer Paul Redmond delivered a presentation related to Resolution 24-24. Mayor Pro Tern Underwood asked for Town Attorney Nina Williams to explain when Councilors may express their personal and in -office opinions on this matter. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Mayor Pro Tern Underwood spoke in favor of the use tax given that it will wholly benefit Community Housing, and spoke of the exemption for home remodels, differed payment for large scale remodels until certificate of occupancy is obtained, and other terms related to the Use Tax. E AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 24, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Stanley expressed support for Mayor Pro Tem Underwood's statements. Councilor Carroll spoke of the $125,000 exemption for home renovations as compared to the $10,000 exemption offered in Town of Vail. Councilor Thuon asked staff to send Council a copy of the Blue Book related to the November 5, 2024, election. After deliberations, Mayor Pro Tem Underwood motioned to approve Resolution 24-24. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.2.Resolution 24-25: Supporting Eagle County Conservation District Ballot Issue 7C (Eagle County Conservation District Executive Director Laura Bohannon) Video Start Time: 00:21:45 Eagle County Conservation District Executive Director Laura Bohannon delivered a presentation related to Resolution 24-25. Mayor Pro Tem Underwood asked Ms. Bohannon to speak of their wildfire mitigation and virtual fence cattle programs that are helping reduce wildfires. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Councilor Carroll stated it is never a good time for a tax increase but looking at the value these programs bring, he finds it an amazing resource, and he encourages the public to read up on the measure and educate themselves on the low-cost high impact of this tax. After brief deliberations, Councilor Carroll motioned to approve Resolution 24-25. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. At 5:31p.m., Councilor RJ Andrade joined the meeting in person. 6.3.Council Action: Price Capped Deed Restriction Replacement (Housing Planner Patti Liermann) Video Start Time: 00:31:01 Long Range Housing Planner Patti Liermann introduced the topic of the replacement Price Capped Deed Restriction forms. Mayor Pro Tem Underwood asked Ms. Liermann where she can find the updated language for the initial purchase price adjustment in Attachment B and was advised that the recitals for Attachment B will be updated to include the initial purchase price adjustment, but this amendment was not included in the draft in the packet. Mayor Pro Tem Underwood suggested it also be added to the definition of Initial Sales Price. Mayor Phillips asked if the Units transferred in the 1990s will also be resetting to a new minimum valuation and was shown a table in Ms. Liermann's presentation which included adjustments to purchase price values. Mayor Phillips asked that the proposed base price reset for future special assessments to incentivize healthy reserves for a well -run homeowners' association. She added that this is part of the problem and needs to be tackled in the effort of updating deed restrictions. Town Attorney Nina Williams clarified that this issue needs to be included in the Avon Community Housing Policies and not the deed restriction documents. Mayor Pro Tem Underwood noted that Section 6.5(b) of the deed restriction refers to the Avon Community Housing Policies. 3 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 24, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c 0 L 0 RA o 0 Councilor Hardy asked if these new values would allow existing homeowners to access more equity in their homes and was advised that as a price capped unit it is still harder to use the home itself to access equity through debt with a mortgage guarantee. Mayor Pro Tern Underwood asked that on page 64 of the packet, the definition of eligible household remove the words 'remote workers', and replace i.e. with e.g. In page 70, Section A, Mayor Pro Tern Underwood asked for EHOP Guidelines to be stricken since they are not a defined term, along with any other references to it in the document. In Page 72, Paragraph 11.6. and E., Mayor Pro Tem Underwood asked the reference to be corrected to 'Eligible Household' in lieu of 'Avon Employee Household' and to make sure all references such as this also get replaced. In Page 73, Section 13.A., Mayor Pro Tern Underwood asked that staff review and decide if they should strike this paragraph. Mayor Phillips asked for Exhibit C in page 82 of the packet to have a reference to ACHP on the respective whereas. Mayor Philips also asked for these changes to be made in Attachments A and B given that the only difference between the documents refers to the compound interest factor. Mayor Phillips opened the floor to public comment and Ms. Maria DeSimone, resident of Avon, took the podium in person to state that she is addressing Council as a resident of the Wildwood Townhomes and in representation of all her neighbors. She expressed gratitude for prioritizing this deed restriction's historical issues but also stated that she does not agree with the proposal from the Town of Avon because of the low base resale values that were chosen. She also noted her disagreement to disallow rental of these deed restricted units, the addition of new inspections, the addition of adding the lottery, and stated they do not feel their concerns have been addressed by Town Officials. She thanked Council for their time and asked for the opportunity to be heard as a unified homeowners association on the concerns she raised for the proposed new deed restriction. Mr. Dick Hoene, resident of Avon, took the podium in person and stated most owners have owned their homes for more than 30 years, and they need to be rebuilt due to lack of maintenance. He stated the financial solutions offered are very complicated and he thinks a solution that would satisfy them would be that when these deed restriction units get to the end of their useful life, they should be converted through the valuation process used in MiCasa, where the pool of buyers bid on whatever unit they can afford. He believes that would be a simpler than the current solution of updating the deed restriction applicable to them. Ms. Robin Sifers, resident of Avon, took the podium in person to state that some things in the deed restriction were not factored in, including the ability for their children to enjoy ownership of their property. Additionally, that there are no considerations for those of retirement age. She highlighted that the market value is so low that they still can't afford to fix their homes. 4 AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 24, 2024 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mr. Edward Elder, resident of Avon, took the podium in person to state that he agrees on the deed restriction needing changes, but the financial end of the current agreement does not look good. No other public comment was made in person nor virtually. Mayor Phillips asked Ms. Liermann to explain how retirement is addressed in the Deed Restriction proposal, and she explained you can retire in your home without issue. Ms. Liermann asked Ms. Sifers what she meant by transferring titles to her children and clarified the contents of the policy which includes the rights of survivorship. Ms. Maria DeSimone, resident of Avon, was allowed to take the podium a second time to speak of her concerns about transferring titles to family members and express that in her opinion, the conversation with Town Officials has been one-sided. She added she does not believe her homeowner rights have been respected. Councilor Hardy asked Ms. Liermann to detail how many public meetings she held with deed restriction homeowners to get owner feedback and was advised of the meetings hosted and communication efforts she had for deed restriction homeowners. Mayor Philips also asked that she explain the different types of deed restrictions, including resident occupied deed restrictions. Councilor Hardy wondered how stripping deed restriction appreciation caps can be fair given that they would give away equity for the benefit of specific homeowners. Councilor Thuon noted there is a lot of emotion on the topic and he hopes it will be tabled to give more time for staff to work with those involved and impacted by the new deed restriction provisions. Councilor Carroll also acknowledged the emotions surrounding this topic and reminded homeowners present in the room that they don't have to accept the newly restated deed restriction and can simply choose to stay where and as they are with their existing deed restrictions. He also highlighted there is value in the new deed restriction proposal, including an adjusted increased value and compound interest appreciation, and hoped that homeowners can work with Town Staff on their disconnect in this conversation. Councilor Hardy agreed this topic should be tabled to get it right for the Town and homeowners of deed restricted homes. She added the price cap creates attainable housing and is necessary, but also recognized that there are opportunities to clean up the language in the materials. Mayor Pro Tern Underwood added that getting it right for everyone might mean not being able to get it perfectly for every specific homeowner involved. 5 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 24, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o F k c o After deliberations, Mayor Pro Tern Underwood motioned to table the approval of the Price Capped Deed Restriction Replacement to one of the Council Meetings in the month of November of 2024, and directed Staff to work on incorporating the feedback given during this session in the deed restriction materials. She also asked for Town Staff to meet with deed restriction homeowners once again sometime in the month October of 2024, and work with them to make sure the replacement documents are made as correct as possible. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. Mayor Phillips asked fora recess from 7:19 p.m. to 7:30 p.m., at which time the meeting resumed. 6.4.PUBLIC HEARING: Resolution 24-26 Approving 2nd Amendment to 2024 Budget (Chief Financial Officer Paul Redmond) Video Start Time: 02:19:20 Chief Financial Officer Paul Redmond delivered a presentation related to Resolution 24-26. Councilor Carroll requested that Page 111 of the packet be brought up and asked if the Sherwood Meadows special assessment of $51,000 listed there was a surprise to the Town, which Mr. Redmond answered in the affirmative. Mayor Phillips opened the floor of the public hearing, and no public comment was made in person nor virtually. After deliberations, Councilor Thuon motioned to approve Resolution 24-26. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 6.5.Work Session: Review of Draft Revenues (Chief Financial Officer Paul Redmond and Town Manager Eric Heil) Video Start Time: 02:29:38 Chief Financial Officer Paul Redmond and Town Manager Eric Heil introduced the topic of reviewing draft revenues for the 2025 proposed budget. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Councilor Carroll thanked Finance Director Redmond for listening to the Finance Committee on its contributions. Mayor Phillips stated that on the Real Estate Transfer Tax, it would be helpful to see resale transfer tax values too, which have almost doubled in the last 8 years and are a good barometer to start long term planning with capital improvements. As this was a work session with Council, no motion was requested. At 8:00 p.m., Town Manager Eric Heil asked Council to consider addressing Business Items 6.7. and 6.8. ahead of 6.6. for better time management. This received the full support of all Councilors. DereeteF Eva This work session was moved after Business Item 6.8. f AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 24, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6.7.Notice of Award: East Nottingham Park (Restrooms) Improvements Project (Town Engineer Nicole Mosby) Video Start Time: 02:50:18 Town Engineer Nicole Mosby delivered a presentation related to the Notice of Award of the East Nottingham Park (Restrooms) Improvements Project. Councilor Carroll expressed gratitude for the quality of her report, including its historical components. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Councilor Hardy highlighted that the cost of these bathrooms is astronomical but necessary and clarified she still does not favor the Skate Plaza to be located where it is proposed. After deliberations, Councilor Carroll motioned to authorize the issuance of a Notice of Award to Baker Constructors for the construction of the East Nottingham Park Improvements in the amount of $3,940,836, to approve the Independent Contractor Service Agreement with Green Flush Technologies in the estimated amount of $933,671, to increase the project budget to $5,586,466 including $1,000,000 of DOLA funds and $1,736,466 Reserve funds, and to increase the project budget to $481,972 including authorizing Staff to request $361,972 from the Holy Cross Community Enhancement Fund. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 6.8.Notice of Award: Lot 5 Recycling Center Upgrade Project (Public Works Director Eva Wilson) Video Start Time: 03:09:50 Public Works Director Eva Wilson delivered a presentation related to the Notice of Award of the Lot 5 Recycling Center Upgrade Project. Councilor Carroll asked for ongoing maintenance costs to be added to this project's cost estimate. Mayor Pro Tern Underwood congratulated staff for a good collaboration with County partners, and Councilor Carroll joined her and asked for Staff to extend a thank you to them. 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 authorize the issuance of a Notice of Award for the construction of the Avon Recycling Center Improvements to GM Asphalt Repair in the amount of $273,492 as approved in the Town of Avon 2024 Capital Improvement Projects Fund and increase the Avon Recycling Center CIP project budget to $336,500 with the understanding that Eagle County will contribute $118,250 in cash for the project. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 6.6.Work Session: 2025 Proposed and Long -Range Capital Improvement Plan (Public Works Director Eva Wilson) Video Start Time: 03:17:50 Public Works Director Eva Wilson delivered presentation of the 2025 Proposed and Long - Range Capital Improvement Plan and was joined at the podium by Chief Financial Officer Paul Redmond who also detailed the contents of the budgetary elements related to the plan. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 24, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o R n ; o Council and Staff discussed selected slides and asked questions and gave feedback as needed on each slide. Town Manager Eric Heil noted the next step after the review of these slides is to meet with Staff to decide priority projects and secondary projects and decide the most effective route forward. Mayor Pro Tern Underwood thanked Public Works Director Wilson for the time she spent assembling these materials. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a work session with Council, no motion was requested. 7. WRITTEN REPORTS 7.0.August 15th Draft CASE Committee Meeting Minutes (Special Events Coordinator Mike Pasquarella) 7.1.August 23 Planning & Zoning Commission Abstract (Planner II Max Morgan) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Monthly Public Operations Update (Operations Manager Gary Padilla) 7A.September 16th Draft Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.S.September 16th Draft Avon Downtown Development Authority Meeting Minutes (Chief Administrative Officer Ineke de Jong) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:09:35 Mayor Pro Tern Underwood thanked everyone for the community picnic and said it was good food, short lines, free beer, great local music and it was fun. Councilor Stanley also mentioned the unique appearance of a bear at the picnic grounds. Councilor Stanley added that on Monday October 7th, 2024, at 5 p.m. High Five Media will host a Councilor Candidate Forum for Avon Town Council Candidates, and the public is invited to send questions to ask the candidates at avonforum2024@highfivemedia.org. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 9:21 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.highfivemedio.org. P. AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 24, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO [Signature Page for Council Meeting Minutes dated September 24, 2024] RESPECTFULLY SUBMITTED: Miguel Jauregu APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon