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TC Minutes 05-27-2025AVON REGULAR MEETING MINUTES TUESDAY MAY 27, 2025 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 Tamra N. Underwood called the May 27, 2025, Council Regular Meeting to order at 5:21 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Lindsay Hardy, Ruth Stanley, Mayor Pro Tern Richard Carroll, and Mayor Tamra N. Underwood. Present virtually was Councilor Kevin Hyatt who joined the meeting at 5:27 p.m. Absent from the meeting was Councilor Gary Brooks. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Clerk Miguel Jauregui Casanueva, Deputy Town Clerk Brenda Torres, Chief Financial Officer Paul Redmond, Rec Director Michael Labagh, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Development Coordinator Emily Block, Engineering Director Eva Wilson, General Government Intern Arnell Wade, and Avon Police Chief Greg Daly. Town Attorney Nina P. Williams joined the meeting virtually. 2. APPROVAL OF AGENDA Video Start Time: 22:20 Mayor Underwood initiated the meeting with the Agenda approval process. Town Manager Eric Heil requested that Council remove the Executive Session from the Agenda. Councilor Stanley motioned to approve the Agenda, as amended. Councilor Hardy 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: 22:28 Mayor Underwood asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 22:55 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 will be limited to 3 minutes, with an additional minute that may be granted at Council's discretion. She added that members of the public should address Council directly and should not expect a response as it is only intended as an opportunity and space for the public to provide input to Council. She asked if there was any public comment from those present in the room or virtually and requested that they spell their name and mention the neighborhood they reside in if they so choose to upon taking the podium. Sviatlana Masenzhuk, resident of Avon, took the podium in person to state that she volunteers at the Links for Liberty organization which invites injured soldiers from Ukraine to visit Vail and receive different treatments for PTSD, including recreational activities that included a rafting AVON REGULAR MEETING MINUTES A TUESDAY MAY 27, 2025 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O trip, and thanked Council for their support of their initiative. She invited the public to attend a fundraiser in Vail at Coldwell Banker later this evening. She also encouraged the public to familiarize themselves with the Links for Liberty organization and consider donating by visiting linksforliberty.com. She asked Ukrainian soldiers Tsymbal 'Misha' Artem and Mykhailo Vernigora who joined her at the podium to speak of their positive experiences visiting Vail and expressed appreciation to Council and gratitude to the Links for Liberty organization for their support. No other public comment was received in person nor virtually. Councilor Hyatt joined the meeting virtually at 5:27 p.m. S. CONSENT AGENDA Video Start Time: 29:54 Mayor Underwood introduced the approval of the Consent Agenda to include the following: 5.1 Approval of May 13, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Councilor Thuon motioned to approve the Consent Agenda. Councilor Hardy seconded the motion. The motion carried unanimously with a 5-0 vote of those present, with Councilor Hyatt abstaining due to technical difficulties in casting a vote virtually. 6. BUSINESS ITEMS 6.1.Presentation: Fire Mitigation & Fire Evacuation Drill Updates and Town of Avon Wildland Fire Preparedness Month Proclamation (Chief of Police Greg Daly and Fire Chief Karl Bauer and Wildland Coordinator Hugh Fairfield -Smith) Video Start Time: 32:27 Chief of Police Greg Daly and Fire Chief Karl Bauer and Wildland Coordinator Hugh Fairfield - Smith delivered a presentation related to Fire Mitigation & Fire Evacuation Drill Updates and Town of Avon Wildland Fire Preparedness Month Proclamation. They provided an overview of the Town's evacuation preparation efforts, including a scheduled evacuation exercise on May 24, 2025. Chief Karl Bauer and Division Chief Mick Woodworth (incoming Fire Chief) also presented on the Eagle River Fire Protection District's wildfire readiness initiatives. Additionally, Division Chief Hugh Fairfield -Smith, Wildland Coordinator for Eagle Valley Wildland, updated Council on ongoing and upcoming fire mitigation projects in Avon and neighboring areas, with a focus on plans for Spring/Summer 2025, and responded to Council questions. At the request of Councilor Stanley, Mayor Underwood requested that Deputy Chief Cosper provide his presentation to Council in a written report for the next council meeting. As this was discussed as a presentation, no motion was requested, and no public comment was received in person nor virtually. 6.2. Presentation: Police Presentations & Awards (Chief of Police Greg Daly) Video Start Time: 1:06:33 Chief of Police Greg Daly delivered a presentation related to Police Department Annual Awards K AVON REGULAR MEETING MINUTES TUESDAY MAY 27, 2025 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO and the Police Department 2024 Annual report. He was joined at the podium by Deputy Chief Coby Cosper. The Avon Police Department Awards for 2024 and the first half of 2025 recognized staff members who have made exceptional and valiant individual contributions above and beyond their normal duties with the Avon Police Department and recognized other town employees and community members for their contributions to the Town of Avon's citizens, residents, and guests. Officers Trevor Roszczewski, Andres Sandoval, and Chief of Police Greg Daly received a letter of commendation. Sergeant Tyler Churches, Officers Cirilo Zarate, Andres Sandoval, Eagle County Sheriff's Office Sergeant Alex lacovetto and Deputy Greg Lovegren received a Department Teamwork Citation. Detective Sergeant Balmore Herrera, Sergeant John Mackey, Detectives Alan Hernandez and Theresa Reno, Vail Police Detectives Angela Sommer and Robert Genno, and Vail Police Detective Sergeant Marc Antonio also received a Department Teamwork Citation. Officer Michael Carlton and Sergeant John Mackey received a Lifesaving Medal. They received recognition and an expression of gratitude from Council, including a request for a standing ovation in the room. Photographs memorializing the occasion were captured. As this was discussed as a presentation, no motion was requested, and no public comment was received in person nor virtually. Mayor Underwood declared a brief recess from 7.20 p.m. to 7:23 p.m. and reconvened the meeting at 7.24 p.m. 6.3.PUBLIC HEARING (QUASI-JUDICIAL): Second Reading of Ordinance 25-10: REZ24002 Amendment to the Short -Term Rental Overlay Zone District Amendment (Planning Manager Jena Skinner) Video Start Time: 2:19:29 Planning Manager Jena Skinner delivered a presentation related to the Second Reading of Ordinance 25-10. Andrea McMillan, the applicant, joined Planning Manager Skinner at the podium in person. Mayor Pro Tern Carroll asked how the Kestrel could mitigate traffic, noise, health, and safety, etc. as indicated in Page 63, paragraph 2 of the packet, and was advised it can do so as part of the development's new design. Councilor Hardy asked Chief Financial Officer Paul Redmond if the total number of short-term rental licenses is still 408, and Mayor Underwood asked that his response by email be added to this Business Item as part of an updated packet. Councilor Stanley asked if Short -Term Rental Licenses require the approval from the Kestrel's Homeowners Association, which the applicant confirmed. Mayor Underwood asked how the Kestrel will assign the 3 Short Term Rental Licenses and was advised they will be assigned on a first -come, first -served basis. Councilor Hyatt asked if it is 3 or 4 licenses that they are asking for, and Town Manager Eric Heil stated the Avo Code is specific about rounding up when the Kestrel qualifies for more than 3 which results in them having a right to 4 licenses, so his recommendation is to follow the Town Code and approve 4 licenses. 3 AVON REGULAR MEETING MINUTES A TUESDAY MAY 27, 2025 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A O O Mayor Underwood opened the floor of the public hearing to public comment, and no public comment was received in person nor virtually. Mayor Pro Tern Carroll thanked staff and the applicant for including the Kestrel Homeowners Association documents for second reading. Councilor Hardy stated that her goal is to prioritize the people who live and work in Avon year- round while protecting the vibrancy of the neighborhood and not just favor short term gains. She stated there is no lodging shortage but a housing shortage that is made worse by an increase in short term rentals. She stated she believes this update in the overlay sets a negative precedent for developers and added her analysis of how each review criteria's staff response in pages 62 to 64 she considers to be flawed. She read the record remarks on why she considers that locals drive the economy and not just tourism. Councilor Hyatt stated he agrees with Councilor Hardy in many ways, but specifically for the Kestrel, these units are overpriced for most locals and an exception that can be approved as an outlier. Councilor Hardy wondered at what point this outlier will become the norm, and added she does not believe this development to be contiguous to the overlay. Councilor Stanley added she too does not believe this type of development is suited for locals, and Councilor Hardy stated that this type of precedent will incentivize more developers to continue to build luxury housing that is unattainable. Councilor Thuon added his thoughts on the complexity of the issue and thanked the developer for building such nice units. Mayor Underwood acknowledged that the concerns from Councilor Hardy's and Hyatt' concerns could be better addressed by reviewing the formula for updating the overlay at a later time. After deliberations, Councilor Carroll motioned to approve the second reading of Ordinance 25-10, including the findings outlined in the Report. Councilor Thuon seconded the motion. The motion was carried with a 5-1 vote of those present, with Councilor Hardy voting against. 6.4.First Reading of Ordinance 25-11: Updates to Avon Municipal Code Chapter 5: Contractor Licensing (Development Coordinator Emily Block) Video Start Time: 2:52:16 Development Coordinator Emily Block delivered a presentation related to the First Reading of Ordinance 25-11: Updates to Avon Municipal Code Chapter 5: Contractor Licensing. Councilor Thuon asked if Development Coordinator Block can speak of licensing requirements with the State, and she advised plumbers and electricians are licensed by the State and do not require a contractor license but still require a $25 dollar business license to perform work in Avon. Mayor Pro Tern Carroll asked questions around Section 5.18.050 and the inclusion of the words suspension and revocation and was advised by Town Manager Heil that he would like to keep the word suspension in this section of the Code amendment. He also asked questions about the appeal periods and timeframes. Mayor Underwood opened the floor of the public hearing to public comment, and no public comment was received in person nor virtually. Councilor Hardy commented that in her 4 AVON REGULAR MEETING MINUTES A TUESDAY MAY 27, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO professional experience, Avon's website and how to get a contractor license is one of the easiest and she supports this Ordinance. Mayor Pro Tern Carroll asked that 15.18.050 title should change to 'Suspension and Revocation.' He added that the appeal periods of 90 days total are quite long for a contractor to be on hold. He encouraged staff to take a second look at the total days in these periods and also asked them to fine tune the language in Section 5.18.050 B)1.(v). Mayor Underwood asked that the second reading include a definition of Subcontractor and make sure it is a capitalized define term in the entirety of the document, correct a typo for Contractor Business Licenses, sole proprietor exemption. After deliberations, Mayor Pro Tern Carroll motioned to approve the first reading of Ordinance 25-11. Councilor Hardy seconded the motion. The motion carried unanimously with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1. May 5th Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.2.Monthly Financials (Senior Accountant Dean Stockdale) 7.3. Food Truck Updates (Case Senior Coordinator Chelsea Van Winkle) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 3:12:02 Councilor Thuon stated that one of his crews was going on the highway traveling westbound and saw a vehicle entering the highway going in the wrong direction which resulted in a terrible accident and was reminded of the importance of driving carefully. Mayor Pro Tern Carroll spoke of Core on 05/14 and there are now smart cards that are free to reload money, but replacement will cost $6. Also, the meetings will continue on at 12 pm. Councilor Hardy invited the public to attend Pride in the Park on 06/14, as hosted by Mountain Pride, and read remarks into the record on the event's importance, including a summary of the itinerary of events. Mayor Underwood stated 05/29 is the State of the River at CIVIC dinner at 5:15 hosted by ERWSD. Councilor Stanley stated she has had an abundance of meetings on her committees. Vail Valley Art Guild next Friday at 5pm at Seasons. Case Committee last week and art around Avon installed by 06/03. Health and Rec summer camps start 06/09 including field trips and invite the public to go to learn of activities offered by the Rec by visiting their website. 5 AVON REGULAR MEETING MINUTES TUESDAY MAY 27, 2025 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 9. EXECUTIVE SESSION The Agenda was amended to remove the Executive Session from the Regular Council Meeting. SesSien. Ceuneiler metIeRed to FetoFe iRt9 €xeeut+aeSesli—. 10. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 8:24 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. RESPECTFULLY SUB APPROVED: Mayor Underwood Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary 6F69iK