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TC Minutes 01-14-2020AVON REGULAR MEETING MINUTES TUESDAY JANUARY 14, 2020 avon AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 1. CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 4:01 p.m. A roll call was taken, and Council members present were Amy Phillips, Tamra Underwood, Scott Prince, and Jennie Fancher. Councilors Chico Thuon and Jake Wolf were absent. Also present were Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Finance Director Scott Wright, Town Manager Eric Heil, and Town Clerk Brenda Torres. TUTORIAL: ANNUAL OVERVIEW OF ETHICS CODE, EX PARTE CONTACT, AND SIMPLIFIED COUNCIL MEETING RULES. Town Attorney Paul Wisor presented. Councilor Thuon arrived at 4:16 p.m. Recess 4:50 pm — 5:05 p.m. 2. APPROVAL OF AGENDA Start Time: 00:48:04 Part One Councilor Wolf arrived at 5:05 p.m. Mayor Smith Hymes added 2 executive sessions. One on the potential community housing project on Tract Y (8.1) and one on the closure of Pier 1 Imports (8.3). Executive Session 8.1 was moved to become 8.2. Mayor Smith Hymes added item 4.1 for an update on the third annual post -holiday recycling event. Councilor Underwood would like the Town Attorney Paul Wisor to continue with the Simplified Council Meeting Rules Tutorial as item 7.1. Mayor Pro Tem Phillips moved to approve the revised agenda as requested. Councilor Underwood seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Start Time: 00:51:43 Part One Town Attorney Paul Wisor explained he will recuse himself from agenda item 5.6 Deed Restriction Agreement for two units in Riverfront Subdivision due to a conflict of interest with his firm. 4. PUBLIC COMMENT Start Time: 00:52:21 Part One Taylor Seaton, an Avon professional free -style skier, requested to Council to consider a sponsorship of $1,000 for him to represent Town of Avon at the Aspen X -Games. Councilor Underwood suggested to please request sponsorships with more time in advance next year, to consider these requests in October before budget process starts. Branding was also suggested by Taylor and discussed by Council. Communications and Marketing Manager Elizabeth Wood and Town Manager Eric Heil will discuss this proposal. Councilor Wolf moved to support the requested sponsorship. Councilor Thuon seconded the motion and the motion passed unanimously by those present. Mayor Pro Tem Phillips stepped out of the room. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 14, 2020 A O n AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 4.1 ADDED ITEM: UPDATE ON POST -HOLIDAY RECYCLING EVENT Start Time: 01:00:20 Part One Executive Assistant Ineke de Jong gave a brief presentation to council on estimated volume of recycled materials collected during the event on Saturday, January 11, 2020: E -waste: 5,459 lbs, paper shredding: 1,159 lbs, styrofoam (EPS): 140 lbs, Christmas lights: 80 lbs, clothing: 185 lbs, soft plastics: 34.5 lbs, ink cartridges: 3.41 lbs. Total: 7,061 lbs. Councilor Fancher asked if community members were informed about recycling during the event and requested to have an update about recycling in general. Executive Assistant Ineke de Jong mentioned that volunteers were able to educate people that had questions. Mayor Smith Hymes reminded Council about the tour to the Recycled Materials Recovery Facility next Wednesday and extended the invitation to the public. 5. BUSINESS ITEMS 5.1. PRESENTATION: COLUMBUS DAY (EXECUTIVE ASSISTANT TO THE TOWN MANAGER INEKE DE JONG) Start Time: 01:07:38 Part One Executive Assistant Ineke de Jong presented on Columbus Day renaming. Councilor Fancher said Council was not elected to rename Holidays and if Council would like to go forward with the name change, they should write a letter to the State. Councilor Wolf and Councilor Thuon agreed. Councilor Underwood, Mayor Pro Tem Phillips, Councilor Prince, and Mayor Smith Hymes agreed with the Town Manager's recommendation of keeping Avon Town Hall open on that Monday and adopting a 'floating holiday day' for Town Staff. No motion was made. 5.2. RESOLUTION 20-02 DESIGNATING PUBLIC PLACES OF POSTING (TOWN CLERK BRENDA TORRES) Start Time: 01:18:11 Part One Councilor Underwood moved to approve Res 20-02, designating public places of posting. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.3. ADOPTION OF 2020 REGULAR MEETING SCHEDULE (EXECUTIVE ASSISTANT TO THE TOWN MANAGER INEKE DE JONG) Start Time: 01:21:43 Part One Executive Assistant Ineke de Jong went through the proposed schedule. After Council discussion, Councilor Underwood moved to approve, including changes discussed, the 2020 Regular Meeting Schedule. Mayor Pro Tem Phillips seconded and the motion passed 6 to 1. Councilor Wolf voted no. 5.4. PUBLIC HEARING: FIRST READING ORDINANCE 20-01 ADDING CHAPTER 6.05 OF TITLE 6 OF THE AVON MUNICIPAL CODE PERTAINING TO THE SALE OF DOGS AND CATS BORN OR RAISED IN INHUMANE BREEDING FACILITIES (EXECUTIVE ASSISTANT TO THE TOWN MANAGER INEKE DE JONG) Start Time: 01:32:44 Part One Executive Assistant Ineke de Jong gave a presentation on Ord 20-01. Mayor Smith Hymes opened the Public Hearing. Joyce Cohen provided further background on what happened since she brought this to council's attention back in October 2019. Mayor Pro Tem Phillips moved to continue the First reading of Ord 20-01, no date certain, with direction to staff to make the ordinance more explicit. Councilor Fancher seconded the motion. Councilor Prince said they have not given the opportunity to the other side to give their opinion. The motion passed on a vote of 5 to 2. Councilor Prince and Councilor Wolf voted no. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 14, 2020 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 5.5. RESOLUTION 20-01, APPROVING FEES IN LIEU CALCULATION FOR FRACTIONAL REMAINDER OF THE EMPLOYEE MITIGATION REQUIREMENTS FROM CHAPTER 7.20.100, EMPLOYEE HOUSING MITIGATION (PLANNING DIRECTOR MATT PIELSTICKER) Start Time: 00:00:03 Part Two Planning Director Matt Pielsticker presented. Mayor Smith Hymes opened the public hearing and no comments were made. Council asked for more clarification. Councilor Underwood moved to ask staff to address all Council concerns and bring back to Council when ready. Councilor Prince seconded the motion and the motion passed unanimously by Council members present. 5.6. APPROVAL OF DEED RESTRICTION AGREEMENT FOR TWO (2) UNITS IN RIVERFRONT LODGE ON LOT 4, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Start Time: 00:13:50 Part Two Town Attorney Paul Wisor left the room. Councilor Prince also recused himself from this item and stepped out of the room. Planning Director Matt Pielsticker gave a presentation. Mayor Pro Tem Phillips moved to continue the finalization of this deed restriction to the January 28th meeting. Councilor Fancher seconded the motion and the motion passed on a vote of 6 to 0. 5.7. APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE TOWN OF AVON CONCERNING THE COLLECTION OF SALES TAXES OF THE SALE OF CIGARETTES (TOWN ATTORNEY PAUL WISOR) Start Time: 00:35:08 Part Two Town Attorney Paul Wisor presented this item to Council. Mayor Smith Hymes opened the public hearing and no public comments were made. After Council discussion, Councilor Prince moved to approve the Intergovernmental Agreement between Eagle County and the Town of Avon concerning the collection of sales taxes from the sale of cigarettes. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.8. WORK SESSION: AVON WATER TAP FEES (TOWN ENGINEER JUSTIN HILDRETH) Start Time: 00:47:58 Part Two Town Engineer Justin Hildreth presented and answered questions from Council. Councilor Prince moved to move forward with the Avon Water Tap Fees as presented. Councilor Underwood seconded the motion and it passed on a vote of 6 to 1. Mayor Smith Hymes voted no. 5.9. WORK SESSION: AVON MARKETING AND BRANDING (MARKETING AND COMMUNITY RELATIONS Liz WOOD) Start Time: 01:21:33 Part Two Marketing and Community Relations Liz Wood presented. Council gave various directions on Avon branding, including adding sustainability/climate action back into the brand platform and bringing the "Heart of the Valley" tagline back and removing "Endless Possibilities". Liz will prepare suggestions for Council consideration. Council discussed about exterior bus wraps and opinions were divided on continuing with third party advertising. Staff will come back with ideas (paint, wrap, partial wrap), designs, and cost estimates for council consideration and further discussion. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 14, 2020 avon AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 5.10. APPROVAL OF MINUTES FROM DECEMBER 10, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Start Time: 02:08:30 Part Two Councilor Prince made a couple of corrections. Councilor Fancher moved to approve the Minutes from December 10`h, 2019 Regular meeting with corrections made. Mayor Pro Tem Phillips seconded the motion and it passed on a vote of 6 to 1. Councilor Wolf voted no. 6. WRITTEN REPORTS 6.1. CONSTRUCTION PROJECT BID PROCESS (TOWN ENGINEER JUSTIN HILDRETH) 6.2. UPPER EAGLE REGIONAL WATER AUTHORITY DECEMBER 19, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 6.3. JANUARY 7TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) 6.4. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT JOEL MCCRACKEN) 6.5. TOWN MANAGER REPORT (TOWN MANAGER ERIC HEIL) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start Time: 02:09:53 Part Two Councilor Wolf inquired about the new "pod hotel". Staff explained this hotel did not require Council approval as it was already commercial space. Councilor Wolf talked about a member of the public crying out for help and requested to not forget the incident that happened in the Sand Bar and to be aware of red flags. Councilor Wolf explained he was on CPR (Colorado Public Radio) today to talk about vacancy tax. He discussed ideas of grandfathering in current residences. He raised this as things to think about. Councilor Wolf raised an idea to turn the Pier 1 Imports building into a teen/community center. Councilor Thuon requested to consider signs to mark crosswalks and promoting a safe pedestrian community. Councilor Thuon went ice fishing and commented he would drive the Zamboni if needed for ice skating on the lake. Mayor Smith Hymes reminded the public about the "Getting to Zero" event at Battle Mountain High School on January 22, starting at 5:30 p.m. She invites everyone interested to RSVP and attend. 7.1. ADDED ITEM: CONTINUATION OF TUTORIAL: SIMPLIFIED COUNCIL MEETING RULES Start Time: 02:23:37 Part Two Town Attorney Paul Wisor continued his presentation on this tutorial. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 14, 2020 ,avon AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO COLORADO 8. EXECUTIVE SESSION Start Time: 02:31:39 Part Two Mayor Smith Hymes requested a motion to move into executive session for 3 purposes: 8.1. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS; DEVELOPING STRATEGY FOR NEGOTIATIONS; AND INSTRUCTING NEGOTIATORS PURSUANT TO C.R.S. SECTION 24-6-402(2)(E)(I) CONCERNING POTENTIAL COMMUNITY HOUSING PROJECT ON TRACT Y, AVON, CO. 8.2. EXECUTIVE SESSION WITH TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE AND FOR THE PURPOSE OF DISCUSSING SECURITY ARRANGEMENTS PURSUANT TO CRS §§24-6-402(2)(6) AND (D). 8.3. EXECUTIVE SESSION WITH TOWN ATTORNEY FOR THE PURPOSES OF RECEIVING LEGAL ADVICE PURSUANT TO C.R.S. SECTION 24-6-402(B) CONCERNING THE CLOSURE OF PIER 1 IMPORTS. Councilor Prince recused himself from item 8.1. Executive Session For the Purpose of Determining Positions Relative to Matters that may be Subject to Negotiations; Developing Strategy for Negotiations; and Instructing Negotiators Pursuant to C.R.S. Section 24-6-402(2)(E)(1) concerning potential Community Housing project on Tract Y, Avon, CO. Councilor Underwood moved to approve this motion. Councilor Fancher seconded the motion and the motion passed unanimously. The time was 9:04 p.m. Executive Session started at 9:12 p.m. Executive Session ended at 10:23 p.m. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 10:23 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. APPROVED: Sarah Smith Hymes Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood RES ECTFULLY SUBMITTED: Brenda Torres, Town Clerk