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TC Minutes 04-08-2025AVON REGULAR MEETING MINUTES A TUESDAY APRIL 08, 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 April 08, 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, Kevin Hyatt, and Mayor Tamra N. Underwood. Mayor Pro Tern Richard Carroll was present virtually. They were joined in person by Town Manager Eric Heil, Chief Administrative Officer Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Chief Financial Officer Paul Redmond, Rec Director Michael Labagh, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Housing Planner Patti Liermann, Engineering Director Eva Wilson, Marketing & Communications Manager Elizabeth Wood, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:52 Mayor Underwood initiated the meeting with the Agenda approval process. Mayor Pro Tern Carroll requested that Consent Agenda Item 5.2. be discussed as Business Item 6.a. Councilor Brooks Requested that Written Report Item 7.4. be discussed as Business Item 6.b. Town Manager Eric Heil requested that for Business Item 6.3., Councilors defer their consideration of the Wildwood deed restriction forms to a later Council Meeting in the month of May or June. Councilor Stanley motioned to approve the Agenda, as amended. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:06:02 Mayor Underwood asked if there were any conflicts of interest related to the Agenda, and Councilor Hardy disclosed that she works for R.A. Nelson, the Contractor selected to work on the construction of the Vail Valley Foundation Early Childhood Education Center, but Business Item 6.4 refers to the land lease with the Vail Valley Foundation and not the construction, so she was unsure if this could be a conflict. Town Manager Eric Heil suggested that Council wait for Town Attorney Williams to come back into the chambers to make that determination, and that a vote be taken on the potential of a conflict when Council addresses Business Item 6.4. Additionally, Mayor Underwood disclosed that Business Item 6.5 related to Budget Amendments, in page 222 of the packet, includes the funding of the Exterior Energy Offset Fund, and she is trained as Energy Analyst under the Town's program to execute energy audits, and while she doesn't believe it is a conflict, she preferred for her fellow Councilors to decide, at which point they unanimously agreed it was not a conflict and Mayor Underwood should be allowed to vote on Business Item 6.5. 1 AVON REGULAR MEETING MINUTES A TUESDAY APRIL 08, 2025 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 4. PUBLIC COMMENT Video Start Time: 00:08:40 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. Tim McMahon, resident of Avon, took the podium in person to state that the current camping regulations for the Town of Avon only allow for 2 nights of camping on private property, which would disallow children from camping in their own yards for the 3 nights of memorial day weekend. He asked Council to reconsider revising these regulations to allow for 3 nights of camping on private property. Ken Marchetti, resident of Eagle County, took the podium in person to announce he is running for a seat on the 2025 Board of Directors of the Eagle County Paramedic District Election. He indicated there is a polling place election to be held on May 6, 2025, between the hours of 7 a.m. and 7 p.m. at the Edwards Field House in Edwards, CO and the Gypsum Recreation Center in Gypsum, CO. He also invited residents to request an absentee ballot to facilitate the process of casting a vote. Steve Coyer, resident of Avon at Mountain Star, took the podium virtually to celebrate the opening of the Styrofoam recycling center in Avon. Mayor Underwood pointed out that May 6, 2025, is an important electoral date for special districts such as Eagle River Water & Sanitation District and Eagle River Fire Protection District, and highlighted that while it is too late to get your name on those ballots, it is not too late to vote and request an absentee ballot for each of those districts by following their instructions online to obtain an absentee ballot. No other public comment was received in person nor virtually. S. CONSENT AGENDA Video Start Time: 00:17:30 Mayor Underwood introduced the approval of the Consent Agenda to include the following: 5.1 Approval of March 25, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) AVON REGULAR MEETING MINUTES A TUESDAY APRIL 08, 2025 . v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO DIaRRiRg RegieR (EROiReeFiR - DiFeGteF EVa `44sw Agenda amended to move this item under Business Item 6.a. 5.3 Action Item: Approval of Amendment to CDOT Contract for the Bridge Repair Grant for the West Beaver Creek Boulevard Bridge (Engineering Director Eva Wilson) Councilor Stanley motioned to approve the Consent Agenda. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. 6. BUSINESS ITEMS 6.a. Action Item: Approval of Intergovernmental Agreement (IGA) Intermountain Transportation Planning Region (Engineering Director Eva Wilson) Video Start Time: 00:18:40 Engineering Director Eva Wilson took the podium in person to answer questions related to the approval of the Intergovernmental Agreement (IGA) Intermountain Transportation Planning Region. Mayor Pro Tem Carroll highlighted that on page 14 of the packet, under paragraph B. it allows the Commission to request financial support from its membership, and he asked if she's ever seen that occur. Ms. Wilson indicated she has not seen that discussed ever and does not anticipate it. No public comment was received. Mayor Pro Tem Carroll motioned to approve the Intergovernmental Agreement (IGA) Intermountain Transportation Planning Region. Councilor Stanley seconded the motion. The motion carried unanimously with a 7-0 vote. 6.b. Quarterly Update on 2025 Department Goals (Town Manager Eric Heil) Video Start Time: 00:21:20 Councilor Brooks proposed a discussion of the Eagle River Water quality improvements portion of the Quarterly Update on 2025 Department Goals that is under the purview of the Engineering Department and noted that the statement in the quarterly update is that staff is working with a water resource consultant to obtain a feasibility assessment of the Town's stormwater system. He added the topic of storm water issues are a high priority for him. He invited Engineering Director Wilson to take the podium in person and asked if the Engineering Department has hired a consultant for the project already. He was advised that Wright Water Engineering are already on a retainer with the Town. He asked when this will be implemented, and Ms. Wilson indicated that the Town would issue a task work order with Wright Water Engineering once GIS mapping is completed with all stormwater system attributes, after assessing the existing drainage system. Councilor Brooks stated that it is critical, and he asked if deliverables on the back end will move their way into the 2026 budget, and she answered in the affirmative. 6.1. Presentation: Parking Survey Results (Marketing & Communications Manager Elizabeth Wood) Video Start Time: 00:24:50 Marketing & Communications Manager Elizabeth Wood delivered a presentation related to Parking Survey Results. Mayor Underwood asked if Council were going to be presented and review any specific contents of the 800 responses that Zen City Al considered to be 75% 3 AVON REGULAR MEETING MINUTES A TUESDAY APRIL 08, 2025 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO negative, and was advised that it was not the plan but Ms. Wood could prepare a summary for Council if they so desired. Mayor Underwood opened the floor to public comment and Mr. Tim McMahon, resident of Avon, took podium in person to ask what type of person received and participated in this survey. At the behest of Council, Ms. Wood advised the survey was communicated by way of social media and advertising on the Vail Daily to all Eagle County residents, but anyone with access to the internet could respond. Mayor Underwood indicated she has noticed that out-of-towners are generally more upset by parking issues in Avon than Avon locals themselves. She added that in Executive Session tonight, Council will discuss Council's private parking regulatory authority, but nothing will be decided during the Executive Session. Councilor Hardy asked if this topic would be further discussed in the future and Mayor Underwood indicated yes, to address 75% negative feedback from the survey results. Mayor Pro Tern Carroll agreed that 75% of unhappy responses is a huge red flag and highlighted that in terms of parking enforcement activity, 95% of citations were just warnings so it is clear the Avon Police Department is trying to educate the community with warnings rather than tickets. Chief Daly noted that Avon Police does not enforce parking on private property, which is where most parking tickets are being issued. Councilor Hardy asked for metrics on how full public parking lots are, and what percentage of compliance on time limits are, to better understand how much parking management has resolved parking issues. Mayor Underwood added Council will tackle this topic again in the future and asked Chief Daly for more parking enforcement data in the future. As this was discussed as a presentation to Council, no motion was requested, and staff received feedback and direction to continue their work as indicated. 6.2.Resolution 25-01: Adopting the 2025 Avon Community Housing Policies (Housing Planner Patti Liermann) Video Start Time: 00:39:20 Housing Planner Patti Liermann delivered a presentation related to Resolution 25-01: Adopting the 2025 Avon Community Housing Policies. She received several corrections to the Policies from Council, which she agreed to incorporate in the final version. Mayor Underwood opened the floor to public comment, and former Mayor Amy Phillips, resident of Avon, took the podium in person to thank everyone who has worked on the Policies, and recommended that Council approve this Resolution. She added she thinks a good project for next year is to update definitions in the Town Code to state that remote workers need to be producing work that directly benefits Eagle County to occupy deed restricted homes. No other public comment was received in person nor virtually. Councilor Thuon suggested the Resolution be adopted with sufficient room to allow staff to iron out minor corrections that were discussed in the meeting. Councilor Hardy also supported this approach and indicated the Policies need to be copacetic with Avon's Comprehensive Plan. 4 AVON REGULAR MEETING MINUTES TUESDAY APRIL 08, 2025 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Council unanimously directed staff to work with Mayor Pro Tern Carroll on ensuring that trusts are regulated appropriately in the Policies. Councilor Hardy motioned to approve Resolution 25-01, with the corrections requested during Council's discussion. Councilor Stanley seconded the motion. The motion carried unanimously with a 7-0 vote. 6.3.Action Item: Adopting Form of Price Capped Deed Restriction (Housing Planner Patti Liermann) Video Start Time: 01:09:55 Housing Planner Patti Liermann delivered a presentation related to the adoption of a Form of Price Capped Deed Restriction. She fielded questions from Council on the forms and their applicability to Chappel Square, Lodge at Brookside, Grandview, and Sheraton Mountain Vista where the Town has price capped deed restrictions, but noted the Wildwood deed restriction will not be in tonight's motion, even if there is discussion and public comment on it, and Wildwood forms will get addressed at a future Council meeting. In response to a question from Mayor Underwood, Town Manager Eric Heil noted these deed restrictions are subordinate to mortgages so adopting them should not impact any mortgage. Mayor Underwood opened the floor to public comment, and former Mayor Amy Phillips, resident of Avon, took the podium in person to state that she personally wishes that the delay on Wildwood forms was not occurring tonight. She added that in representation of the roughly 750-1000 voters that voted for her in the past, she wants to see Council continue to work on addressing the capital improvement issue that should have been fixed 20 years ago at Wildwood. No other public comment was received in person nor virtually. Councilor Hardy asked Ms. Liermann how many public meetings with Wildwood owners she's hosted, and she responded there have been three since November of 2023. Councilor Hardy also asked that the Wildwood deed restriction be brought back as soon as possible in front of Council. Councilor Thuon motioned to approve the adoption of a Form of Price Capped Deed Restriction in Attachment A, as presented, while carving out the Wildwood deed restriction form in Attachment B. Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. 6.4.Action Item: Approval of Vail Valley Foundation Early Childhood Education Center Land Lease Agreement (Town Manager Eric Heil) Video Start Time: 01:33:55 Councilor Hardy again brought up the potential for a conflict of interest which she had indicated in Section 3 above, and Town Attorney Williams invited Council to vote on it even though she does not believe it to be a conflict. After brief discussion, Councilor Thuon motioned that this is not a conflict for Councilor Hardy. Councilor Hyatt seconded the motion. The motion carried unanimously with a 6-0 vote, and an abstention from Councilor Hardy. AVON REGULAR MEETING MINUTES A TUESDAY APRIL 08, 2025 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Underwood discussed if the contribution of $400,000 coming from the Avon DDA indicates that the Avon DDA has $800,000 accumulated given that at least half of its spending needs to be spent on housing, and was advised by Town Manager Heil that the $400,000 of contributions will be disbursed over the course of two years, once the money becomes available, and the Avon DDA will comply with the 50% requirement, and that the contribution itself is still subject to approval of Avon DDA. Town Manager Eric Heil invited Vail Valley Foundation President Mike Imhoff to take the podium in person to answer questions from Council on the Vail Valley Foundation Early Childhood Education Center Land Lease Agreement and project. Mayor Underwood opened the floor to public comment, and Steve Coyer, resident of Avon, took the podium virtually to state that he is on the Board of Vail Valley Foundation and urges Council to support this initiative. No other public comment was received in person nor virtually. Councilor Stanley expressed her excitement at this opportunity, which Councilor Hardy and Mayor Pro Tern Carroll also applauded. Mayor Underwood noted the quick construction schedule is thrilling and also expressed excitement for the reserved spots for children of Town of Avon employees and local businesses. Councilor Thuon motioned to approve the adoption of the Vail Valley Foundation Early Childhood Education Center Land Lease. Councilor Hyatt seconded the motion. The motion carried unanimously with a 7-0 vote. 6.5.PUBLIC HEARING: Resolution 25-09: Budget Amendments (Chief Finance Officer Paul Redmond) Video Start Time: 02:03:00 Chief Finance Officer Paul Redmond delivered a presentation related to Resolution 25-09. There were no questions from Council. Mayor Underwood opened the floor of the public hearing to public comment, and no public comment was received in person nor virtually. After deliberations, Councilor Hyatt motioned to approve Resolution 25-09. Councilor Thuon seconded the motion. The motion carried unanimously with a 7-0 vote. 7. WRITTEN REPORTS 7.1.February 27th Upper Eagle Regional Water Authority Summary (Mayor Underwood) 7.2.March 24th Planning & Zoning Commission Abstract (Development Coordinator Emily Block) 7.3.Signed Letters of Support Summary (Chief Administrative Officer Ineke de Jong) Q u-,.-f, Fly Update en 2025 n,,paF*-..,,,. t- r.,-,is (T-e n nn.,.,- geF EF66 Hei Agenda amended to move this item under Business Item 6.b. * * Indicates topic will be discussed at future agenda's AVON REGULAR MEETING MINUTES TUESDAY APRIL 08, 2025 . v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:11:15 Councilor Thuon stated his concern that this coming year might bring economic challenges to Avon's community, adding that some citizens in Town may need financial assistance such as the food programs and assistance such as that which was given during the pandemic. He wondered if Avon should be preparing to open a soup kitchen if things get tough. He said not many are ready for a downturn of the economy and he considers that the Town of Avon should be proactive and not reactive in talking openly about it. Councilor Hardy stated that the topic is important since the Town already donates to the Eagle Valley Community Fund's Community Market and MIRA Bus and reminded the public that Avon already contributes to those institutional initiatives. Councilor Thuon added that even dual -income homes with a total income of $120,000 may yet struggle and everything will go up in cost, so he again invited the Town to be proactive and work with a focus on what was done during the pandemic, adding there is not a big middle or working class and it needs protection. Councilor Brooks updated Council and the public on his attendance to the Northwest Colorado Council of Governments (NWCCOG) Water Quality/Quantity Committee (QQ) which is the water policy arm of NWCCOG. He added it was held in Granby at their new headquarters to discuss how wildfires affected watersheds, and the ability to provide water to constituents which was sobering. He mentioned that QQ also gave a legislative update on impacts to Members on water quality and quantity. He closed remarks by stating that Congressman Joe Neguse and Senator Michael Bennet attended and suggested that if Avon has federal grants as part of any funding mechanism, they compile a list and get it to them so they know which Avon projects could have potential funding freezes if the Federal government suspends funding to municipal projects. Mayor Underwood suggested that when Deputy Town Manager Patty McKenny returns from her time -off, she work with the Finance Department on a list of federal grant funding and sends it to Congressman Joe Neguse, Senator Michael Bennet, and Hilary Henry who is Senator Bennet's Northwest Regional Director. Mayor Underwood also added she had the pleasure of touring the Precourt Healing Center, and she feels very lucky to have it in community to provide 24-hour behavioral health care to serve adults and adolescents in crisis (ages 12 and older). Mayor Underwood also invited the community to attend the V Annual Net Zero Building Expo on Friday, April 18, 2025, starting at 12:30 p.m. by registering at www.avon.org/buildingexpo 7 AVON REGULAR MEETING MINUTES A TUESDAY APRIL 08, 2025 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 9. EXECUTIVE SESSION Video Start Time: 02:21:55 Mayor Underwood requested a motion from her fellow councilors to proceed into Executive Session. Councilor Thuon motioned to retire into Executive Session: 9.1. For the purpose of: Legal advice pursuant to CRS §24-6-402(4)(b) regarding private parking regulatory authority (Town Attorney Nina Williams) 9.2. For the purpose of: Legal advice pursuant to CRS §24-6-402(4)(b) and determining positions relative to negotiations and instructing negotiators pursuant to CRS §24-6-402(4)(e)(i) regarding potential tax rebate agreement for prospective retailer (Town Manager Eric Heil and Town Attorney Nina Williams) Councilor Hardy seconded the motion. The motion carried unanimously with a 7-0 vote. The time was 7:24 p.m. At the roll call, all members of Council were present as indicated at the start of this meeting. Also present were Town Manager Eric Heil, Chief Administrative Officer Ineke de Jong, and Town Attorney Nina Williams. The Executive Session commenced at 7:31 p.m. The Executive Session adjourned at 8:15 p.m. 10. ADJOURN There being no further business before Council, Mayor Underwood moved to adjourn the regular meeting. The time was 8:15 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.hiqhflvemedia.org. RESPECTFULLY SUBMITTED: Miguel Ja APPROVED: Mayor Underwood V `d� Rich Carroll Ruth Stanley Lindsay Hardy Chico Thuon Kevin Hyatt Gary Brooks ueva, Town Clerk 8