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TC Minutes 01-28-2025AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2025 . v O n 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 Tamra N. Underwood called the January 28, 2025, Council Regular Meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Gary Brooks, Ruth Stanley, Lindsay Hardy, Mayor Pro Tem Richard Carroll, and Mayor Tamra N. Underwood. Present virtually was Town Attorney Nina P. Williams. Absent was Councilor Kevin Hyatt. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Chief Financial Officer Paul Redmond, Recreation Director Michael Labagh, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:10:05 Mayor Underwood initiated the meeting with the Agenda approval process. Mayor Underwood noted Council wished to remove Business Item 6.3. from the Agenda and only entertain it after the Avon Community Housing Policies are approved by Council. At the request of Mayor Underwood, Town Manager Eric Heil indicated that the Avon Community Housing Policies will be brought back to Council during an upcoming Council meeting in February 2025. Mayor Pro Tem Carroll motioned to approve the Agenda, as amended to remove Business Item 6.3. Councilor Stanley seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:12:49 Mayor Underwood asked if there were any conflicts of interest related to the Agenda, and no conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:13:03 Mayor Underwood 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 Gary Hill, Resident of Avon and local homebuilder, took the podium in person to express concern about new Avon regulations related to snowmelts. He mentioned his understanding of the incoming external energy use rules and hoped Town officials would consider exempting solar powered snow melts, calling these regulations a tariff that would increase snowplow pollution and decrease safety. 1 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2025 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C o L o R A L3 o Mr. Tim McMahon, resident of Avon, took the podium in person to speak of the flooding that occurred at the entrance to the Sunridge apartments due to improper excavation and damage of a watermain by a ground boring company permitted by the Town, where those residents were inconvenienced with reduced access and parking to their homes. He asked if the Town could contact the ground boring company to obtain financial compensation for the Sunridge HOA due to the inconvenience they experienced. No other public comment was made in person nor virtually. Mayor Pro Tem Carroll directed Staff to respond to public comment from Gary Hill and Town Manager Eric Heil asked for Building Official Derek Place to reach out to Mr. Hill to give him more detailed information related to snowmelt regulations than that reported by the local newspaper. Mayor Underwood asked Town Manager Heil to respond to Mr. McMahon's inquiry. Mr. Heil stated that Holy Cross Energy hired the ground boring company directly for that project which was not a Town of Avon Project, and the Town will review the permit, but his understanding is that there is very little property owners at Sunridge can do to be compensated for the inconvenience of reduced access to their driveway and reduced parking, given that the permit granted by the Town for this excavation by the utility company's subcontractor did not include a security deposit to compensate them, even though the incident occurred within the Town's right of way. Mayor Underwood called for Town Staff to consider requiring such a bond to compensate for any future incident such as this and called the damage and impact by the ground boring company egregious given that the Town's permit only called for digging 18 inches deep and the ground boring company dug 7 feet deep without the required watcher. 5. CONSENT AGENDA Video Start Time: 00:22:55 Mayor Underwood introduced the approval of the Consent Agenda to include the following: 5.1 Approval of January 14, 2025, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2 Letter of Support for Climate Action Collaborative's Grant Application to Advance Energy Codes and Collaboration Across the Eagle River Valley (Sustainability Manager Charlotte Lin) 5.3 Resolution 25-02 Authorizing the Adoption of the 2025 Eagle County, Co Hazard Mitigation Plan (Planning Manager Jena Skinner) 5.4 Resolution 25-03 Designating the Eagle River Fire Protection District as the Designated Emergency Response Authority for Hazardous Substance Incidents Occurring within the Corporate Limits of the Town of Avon (Chief of Police Greg Daly) 5.5 Resolution 25-04 Approving Expenditures from the Community Enhancement Fund (Chief Administrative Officer Ineke de Jong) Councilor Stanley motioned to approve the Consent Agenda. Councilor Hardy seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 2 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2025 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 6. BUSINESS ITEMS 6.1.Presentation: Eagle Valley Land Trust Updates (Eagle Valley Land Trust Community Engagement Manager Keri Inouye) Video Start Time: 00:23:39 Eagle Valley Land Trust Community Engagement Manager Keri Inouye delivered a presentation related to Eagle Valley Land Trust updates. As this was a presentation to Council, no public comment was received, and no motion was required. 6.2.Planning & Zoning Commission Interviews & Appointments (Planning Manager Jena Skinner) Video Start Time: 00:31:20 Planning Manager Jena Skinner delivered a presentation related to the Planning & Zoning Commission Interviews & Appointments. Council interviewed the following applicants in the order their application was received: Nancy Beerman Tashman, Gregg Cooper, and Charles "Chuq" Yang. Ms. Nayely Rincon was absent from the meeting. Councilor Thuon voted for Charles "Chuq" Yang. Mayor Pro Tern Carroll voted for Nancy Beerman Tashman. Mayor Underwood voted for Nancy Beerman Tashman. Councilor Brooks voted for Gregg Cooper. Councilor Stanley voted for Nancy Beerman Tashman. Councilor Hardy voted for Nancy Beerman Tashman. Nancy Beerman Tashman received a total of 4 votes. Gregg Cooper received a total of 1 vote. Charles "Chuq" Yang received a total of 1 vote. Nayely Rincon received no votes. No public comment was received in person nor virtually. Councilor Stanley motioned to appoint Nancy Beerman Tashman to immediately fill out the vacancy of a term expiring May 2026, on the Town of Avon Planning and Zoning Commission. Councilor Hardy seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 6.4.PUBLIC HEARING: First reading of Ordinance 25-04 Adoption of Sun Road Redevelopment Plan (Planning Manager Jena Skinner and Town Manager Eric Heil) Video Start Time: 00:55:43 Planning Manager Jena Skinner and Town Manager Eric Heil delivered a presentation related to the First reading of Ordinance 25-04: Adoption of Sun Road Redevelopment Plan. Mayor Underwood opened the floor to public hearing, and no public comment was received in person nor virtually. Council asked questions and offered comments to Ms. Skinner on this first reading, which she was directed to incorporate ahead of the second reading of the Ordinance. Mayor Pro Tern Carroll motioned to approve the first reading of Ordinance 25-04. Councilor Hardy seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 6.5.First Reading of Ordinance 25-01 to adopt by reference the 2024 Model Traffic Code (Chief of 3 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2025 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Police Greg Daly) Video Start Time: 01:44:00 Chief of Police Greg Daly delivered a presentation related to the First reading of Ordinance 25- 01: adopting by reference the 2024 Model Traffic Code. Mayor Underwood opened the floor to public comment, and no public comment was received in person nor virtually. Councilor Stanley motioned to approve the first reading of Ordinance 25-01. Councilor Brooks seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 6.6.First Reading of Ordinance 25-02 Amending Avon Municipal Code Section 9.20.060 Regarding Camping on Town Property (Town Attorney Nina Williams) Video Start Time: 01:48:55 Town Attorney Nina Williams delivered a presentation related to the First reading of Ordinance 25-02: Amending Avon Municipal Code Section 9.20.060 Regarding Camping on Town Property. Mayor Underwood asked if Section 9.20.070(a) was missing the word'or', which Town Attorney Williams confirmed she would correct ahead of the second reading of the Ordinance. Councilor Hardy asked Chief Daly to speak about the history of camping on public property in Avon. Deliberations from Council included whether the ordinance should allow camping on private property two nights a month versus two consecutive nights a month, and Town Manager Eric Heil indicated that Avon has not had issues with camping on private property in the past. Mayor Underwood opened the floor to public comment and Mr. Tim McMahon, resident of Avon, took the podium in person to speak of an unhoused person in Avon by Starbucks, lack of affordable housing in the Valley, existing strategies to relocate the unhoused to Denver, and the intrinsic value of those unhoused or living out of their vehicles in the area to serve those who are privileged and affluent in Avon. No other public comment was received in person nor virtually. Councilor Thuon motioned to approve the first reading of Ordinance 25-02. Councilor Stanley seconded the motion. The motion carried unanimously with a 6-0 vote. 6.7. First Reading of Ordinance 25-03 Guns in Sensitive Government Spaces and Concealed Firearms (Town Attorney Nina Wiliams) Video Start Time: 02:07:15 Town Attorney Nina Williams delivered a presentation related to the First reading of Ordinance 25-03: Guns in Sensitive Government Spaces and Concealed Firearms. She indicated this Ordinance is in response to State legislation that became effective July 1, 2024, related to a ban on all firearms in government buildings. She added this Ordinance reallows those permitted by the Town to carry guns in these buildings, including law enforcement. She noted that she will expand the Ordinance ahead of the second reading to allow those permitted to carry not only in Town Hall but also in all other Town buildings and spaces and will correct one header. Mayor Underwood opened the floor to public comment, and no public comment was received in person nor virtually. al AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Thuon motioned to approve the first reading of Ordinance 25-02. Councilor Stanley seconded the motion. The motion carried unanimously with a 6-0 vote. 6.8.First Reading of Ordinance 25-OS Amending Avon Municipal Code Section 2.02.010 — Departments Enumerated (Town Manager Eric Heil) Video Start Time: 02:10:55 Town Manager Eric Heil delivered a presentation related to the First reading of Ordinance 25- 05: Amending Avon Municipal Code Section 2.02.010 — Departments Enumerated. Mayor Underwood opened the floor to public comment and no public comment was received in person nor virtually. Councilor Brooks motioned to approve the first reading of Ordinance 25- 05. Councilor Stanley seconded the motion. The motion carried unanimously with a 6-0 vote. 7. WRITTEN REPORTS 7.1.Upper Eagle Regional Water Authority December 5, 2024 Meeting Summary (Mayor Tamra Underwood) 7.2.January 13th Planning & Zoning Commission Abstract (Planner II Max Morgan) 7.3.January 16th Draft CASE Committee Meeting Minutes (Special Events Coordinator Emily Dennis) 7.4.Monthly Financials (Senior Accountant Dean Stockdale) 7.5.Monthly Public Operations Report (Public Operations Manager Gary Padilla) 7.6.Three-Mile Plan Update (Community Development Director Matt Pielsticker) 7.7.Regional Housing Needs Assessment Update (Housing Planner Patti Liermann) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:16:08 Councilor Carroll presented selected CORE Transit slides and spoke of the status and project timeline of the CORE Transit 10-year plan. He also offered information on ridership data and milestones, as well as migrating to cashless payment on buses. Councilor Stanley wished Chief Administrative Officer Ineke de Jong a happy birthday. Mayor Underwood reminded her fellow Councilors about the Council retreat to be held on February 4th, 2025, and asked every Councilor to be prepared to have a conversation about their vision for Avon and their goals for the next 2 years. She added there are two Council Retreats and the one scheduled for February covers several different topics while the one in October centers on the Town Budget only. 9. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 7:24 p.m. 5 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2025 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o R A c o 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: APPROVED: Mayor Underwood Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary Brooks Miguel Jauregu nueva, Town Clerk N.