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TC Packet 07-23-2024 (2) _____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, July 23, 2024 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom Zoom registration is on the header at Avon.org AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. CONSENT AGENDA 5.1. Approval of July 9, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Approval of Amendment to the Town Manager Employment Agreement (Mayor Amy Phillips) 5.3. Approval of Easements with Holy Cross Energy for Relocation of Electric Transformer to Accommodate New Trail Section connecting to West Beaver Creek Blvd (Town Engineer Nicole Mosby) 5.4. Approval of Notice of Award: Fleet Bus Lift contract (Mobility Manager Jim Shoun) 5.5. First Amendment to IGA between Town of Avon and Eagle County for Avon Station Bus Shelter (Town Attorney Nina Williams) 5.6. Assignment of the IGA, as amended for Avon Station Bus Shelter (Town Attorney Nina Williams) 5.7. Assignment of the Walmart Bus Shelter IGA (Town Attorney Nina Williams) 6. BUSINESS ITEMS 6.1. Work Session: Use Tax Voter Opinion Results (Chief Financial Officer Paul Redmond and Town Manager Eric Heil) 6.2. Presentation and Acceptance of 2023 Annual Comprehensive Financial Report (Chief Financial Officer Paul Redmond) 6.3. Work Session: Capital Improvement Plan Program Updates on Design & Construction (Public Works Director Eva Wilson) 6.4. Work Session: Review of the amended Town Council Handbook (Town Attorney Nina Williams) 6.5. PUBLIC HEARING: Second Reading Ordinance 24-08: Amendments to Town Code for Removal of Council Members (Town Attorney Nina Williams) 7. WRITTEN REPORTS 7.1. Draft June 18 CASE Committee Meeting Minutes (Special Events Coordinator Mike Pasquarella) 7.2. July 8th Planning & Zoning commissions Meeting Abstract (Planner II Max Morgan) 7.3. Draft July 15 Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.4. Monthly Financials (Senior Accountant Dean Stockdale) 7.5. Quarterly RETT Report (Financial Analyst Chase Simmons) 7.6. Quarterly ¡Mi Casa Avon! Program Update (Housing – Long Range Planner Patti Liermann) 7.7. Second Quarter 2024 Department Goal Update (Town Manager Eric Heil) _____________________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. 7.8. Summary of Signed Letters of Support (Town Manager Eric Heil) 7.9. Digital Accessibility Compliance Update (Marketing & Communications Manager Elizabeth Wood) 7.10. Transit Ridership Update (Mobility Manager Jim Shoun) 7.11. Upper Eagle Regional Water Authority June 27, 2024 Meeting Summary (Mayor Pro Tem Tamra Underwood) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The May or shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minut es per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 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 July 9, 2024, Council regular meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Rich Carroll, Lindsay Hardy, Ruth Stanley, RJ Andrade, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilor Chico Thuon was absent at time of roll call and joined the meeting in person at 5:19 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Avon Rec Director Michael Labagh, Chief Financial Officer Paul Redmond, Financial Analyst Chase Simmons, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Housing Coordinator Patti Liermann, Planner II Max Morgan, General Government Intern Arnell Wade, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:01:30 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Carroll asked to pull Written Report 7.3 for discussion among Councilors as Business Item 5.0. Mayor Pro Tem Underwood motioned to approve the Agenda, as amended by Councilor Carroll. Councilor Hardy 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: 00:03:17 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:03:30 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 Drescher, resident of Avon, who is the Avon Wastewater Treatment Plant Supervisor with the Eagle River Water and Sanitation District took the podium in person and stated that after 41 months of capital improvements and $57 Million in spending, they have concluded upgrades to the Avon Waste Water Treatment Plant. He invited the public to join him at their Open House on July 24th, 2024, from 10 to 11:30 a.m. He also thanked the public and staff in Avon for their support on this capital improvement project. He was joined by Mr. Jeff Schneider with Eagle River Water and Sanitation who took the podium in person to speak of the impact of this project on environmental health in the community and thanked Avon for being good neighbors throughout the project. No other public comment was made in person nor virtually. AVON REGULAR MEETING MINUTES TUESDAY JULY 9, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5. BUSINESS ITEMS 5.0. Written Report 7.3. Monthly Financials (Senior Accountant Dean Stockdale) Video Start Time: 00:09:04 Councilor Carroll asked for dialogue and discussion on the trends presented in this Report, asking when staff should begin paying attention to them. Town Manager Eric Heil indicated this is the same financial snapshot he gets to analyze the Town’s financial condition and it gets closely monitored. Mr. Heil added the historical context of this Report and its contents. He noted accommodations revenue is down and impacting sales tax from seeing less visitors staying in Town and confirmed that Town Staff is paying close attention and have begun adjusting their thinking on budgeting and spending in the two months preceding. He added that Staff is preparing the 2025 budget with a focus on keeping expenses flat, yet without panicking over these trends which can vary over the course of months. Mr. Heil added that there is a big variable in trends that is impacted by revenue in December, and that December revenue is wholly dependent on snowfall which directly impacts income and the financial close to the year. He closed remarks by stating that most mountain towns are seeing a decrease in visitors as compared to the end of the pandemic. Mayor Pro Tem Underwood added anecdotal evidence from her short-term rental which in summer of 2024 has seen very low occupancy compared to Summer of 2021. She asked Town Manager Heil to also speak of the use of DestiMetrics. Town Manager Heil indicated that in the past, only 4 properties were reporting occupancy to DestiMetrics but there are now considerably more hotels that could report to DestiMetrics so in 2024, the Town is looking at reactivating DestiMetrics and collecting data to track the performance of the lodging community. He added the Town would be paying for the cost of DestiMetrics and would consider an ordinance in fall of 2024 that would force the lodging community to report occupancy to DestiMetrics over winter. Mayor Phillips asked for the summer and winter occupancy trends to be measured separately, and added she feels that occupancy is now also up in summer months. Councilor Thuon joined the meeting in person at 5:19 p.m., before beginning Business Item 5.1. 5.1. Work Session: Quasi-Judicial Hearings Workshop (Town Attorney Nina Williams) Video Start Time: 00:18:20 Town Attorney Nina Williams delivered a presentation and workshop related to Quasi-Judicial Hearings. She discussed the difference between quasi-judicial hearings, legislative hearings, public hearings, the need for impartiality in all hearings, cures and remedies for conflicts, ex-parte issues, the open meetings law, and fielded questions from Councilors on these topics. Additional deliberations from Council included the retention and publicity of public comments and feedback received ahead of Council Meetings by text and/or email. Councilor Carroll asked staff to label hearings that are Quasi-Judicial as such in the Agenda, which Town Manager Heil agreed to by stating that future agendas that contain public hearings will also include quasi-judicial in parenthesis when applicable. No public comment was made in person nor virtually. As this was a work session, staff received feedback and no motion was requested. 5.2. PUBLIC HEARING: Resolution 24-19: Lot Split in Wildridge (Planner II Max Morgan) Video Start Time: 00:57:11 Planner II Max Morgan delivered a presentation related to Resolution 24-19: Lot Split in Wildridge. Councilor Carroll asked Staff to clarify if you can build a single-family home in a duplex lot, and was