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TC Minutes 02-09-2021 AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Lindsay Hardy, Scott Prince, Tamra Underwood, RJ Andrade, and Amy Phillips. Councilor Thuon was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Town Engineer Justin Hildreth, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:41 Mayor Smith Hymes mentioned Council meeting is Live on Channel Five and Facebook and explained how to participate and provide public comments through Zoom, phone or email. She reiterated that Councilors cannot check their digital devices during the meeting and asked the public to provide public comments by Zoom, phone, or email. She also mentioned the very difficult week for our County as we lost some very important people. She said they were a tremendous asset and they will be missed. Mayor Pro Tem Phillips took over the meeting for a few minutes. Town Manager Eric Heil asked to remove agenda item 9.3, Review of Annual Performance Process, and asked to reschedule this topic to the next meeting. Mayor Smith Hymes took charge of the meeting again. Councilor Underwood moved to approve the agenda removing item 9.3. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:04:33 Councilor Hardy explained she is recommending Caroline Shoeller on item 5.3. She said she is not biased but wanted to disclose this. She recused herself from agenda item 5.4 as it is a discussion about her work with her firm and Council. Council discussed that Councilor Hardy has no monetary stake in recommending anyone to apply for PZC. Councilor Underwood moved to find that Councilor Hardy has no conflict of interest for item 5.3. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Hardy abstained from the vote and Councilor Thuon was absent. Councilor Underwood moved to recuse Councilor Hardy from agenda item 5.4 due to a clear conflict of interest. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Hardy abstained from the vote and Councilor Thuon was absent. Mayor Smith Hymes asked Town Attorney Paul Wisor to address if Councilors living in Eaglebend Drive, would have a conflict of interest with agenda item 5.2 which he explained is not the case this evening as no Council members live within the neighboring property definition. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes introduced and welcomed Emily Myler, our General Government Intern, who joined the Town at the start of the year and thanked her for the excellent Citizen Committee meeting minutes included in tonight's packet. 4. PUBLIC COMMENT Video Start Time: 00:11:25 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. No public comments were made. 5. BUSINESS ITEMS 5.1. NOTICE OF AWARD OF FORMER TOWN HALL DEMOLITION (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:11:59 Town Manager Eric Heil clarified a small typo in the packet on page 3 which was supposed to read "not unusual" but read "not usual". Town Engineer Justin Hildreth joined the meeting and explained this item was continued from the January 26th meeting. Michael Lindstrom joined the meeting with 2 colleagues and introduced his team, Ish Robles and Jon Morgan. He spoke about his company's experience with asbestos removal and their awareness of the scheduling constraints and expressed he is confident his company will meet all the milestones. Council asked questions about the milestones and expressed concern to not block any parking until the work actually starts and not a day earlier. Council thanked Michael Lindstrom for recognizing the liquidated damages and importance of meeting deadlines. Councilor Thuon joined the meeting at 5:22 p.m. Michael Lindstrom spoke about weather conditions and mentioned the asbestos will be disposed of safely in Denver, the non-toxic construction debris will go to the local landfill and the recyclable materials will go to Frisco. He said that the biggest concern in terms of weather is transportation, not the abatement itself. Jon Morgan explained timelines on the abatement side, starting March 1 or a week before, if agreed in the contract. Approximately 5 weeks for abatement, including a float week which includes erection of the scaffolding and excavating soils to expose asbestos-containing membrane. Then 3 weeks for the demo. He explained there are 2 weeks of "float" and the project timeline will be anywhere from 9 weeks to 12 weeks. Michael Lindstrom explained a big job they are working in is nearly finished, so they will have all the resources available to apply to Avon's project. He expressed no concern about capacity to start and execute. He confirmed that the final surface reclamation is part of the scope of work. Mayor Smith Hymes asked for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Pro Tem Phillips moved to authorize issuance of Notice of Award for the Former Town Hall Demolition Project contract to the low bidder, Tasman Geosciences Inc. in the amount of $571,235 as approved in the Town of Avon 2021 Capital Projects Fund and direct Staff to increase the project budget to $643,359. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 1. Councilor Thuon voted no. 5.2. PUBLIC HEARING: RESOLUTION 21-02 A RESOLUTION APPROVING FILE #PUD20002, A MINOR PUD AMENDMENT TO LOT 1 AND TRACT A, BLOCK 1, FILING 2 EAGLEBEND SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS) Video Start Time: 00 :40:32 Town Planner David McWilliams joined the virtual meeting, presented Resolution 21-02 and explained the modification will allow for more land in Lot 1 therefore allowing a bigger building. The applicant’s representative Jena Skinner joined the meeting with Angelo Veraldi, owner of the property. He explained this minor PUD request is not for monetary gain, he is not a developer but a 31-year long local family who wants to make the most use of their property. Jena Skinner showed a brief PowerPoint with maps & photos. Councilor Underwood clarified the setback measurements of the future addition, from 4.4’ to 4.0’. Councilor Hardy expressed concern on the setback measurements of 4.4’ on the proposal diagram as well and asked about the PZC approval. Jena Skinner clarified 4.0 is recorded in the minutes and this plat is not finalized and it will be corrected. Councilor Thuon expressed 4” is not a big difference and that Council should help people in our community and get this approved tonight. Councilor Andrade agreed. Mayor Pro Tem Phillips said she has no concern whether the setback is 4.4’ or 4.0’ and she is in full support of this addition. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 21-02 for Case #PUD20002, an application for a Minor PUD Amendment for Lot 1 and Tract A, Block 1, Filing 2 Eaglebend Subdivision, with the change that the rear setback in the minor PUD amendment is not 4.4’ but 4.0’. Councilor Hardy seconded the motion and the motion passed unanimously. 5.3. PLANNING AND ZONING COMMISSION APPOINTMENTS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:15:52 Mayor Smith Hymes said there are four applicants to fill out 3 seats tonight. She mentioned there will be another opening in a couple of months and encouraged applicants to re-apply if not appointed tonight. Planning Director Matt Pielsticker joined the meeting and explained the process for Council to vote in this virtual format. He said each applicant will get a few minutes, then Council will have the opportunity to ask questions. At the conclusion, each Councilor will email Town Clerk Brenda Torres and Town Attorney Paul Wisor their votes, then the results will be read aloud into the record. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Frist to be interviewed was Marty Golembiewski, who currently works in construction and previously served on PZC. Council thanked him for reapplying. He said he would prefer the shorter term and can easily jump in quickly as he has served before. Next was Caroline Shoeller. She is a landscape designer at Zehren & Associates who recently relocated to Avon from Crested Butte. She mentioned she has previously worked in some projects around the Town. She would prefer the shorter term as she applied for grad school and would potentially start next fall. Next was Trevor MacAllister, who is a Wildridge resident and a superintendent for R.A. Nelson. He expressed he prefers the longer term. Last up was Anthony Sekinger who is an Avon Resident. He expressed he has a variety of experience and is delighted to serve the Town he loves. He likes working in teams and listening to different opinions. He expressed he is interested in the longer term. Council voted via email to Town Clerk Brenda Torres and Town Attorney Paul Wisor. In the meantime, Council discussed items 6.1 and 8.0. Then resumed to item 5.3. Council returned to this item at video start time: 02:30:28 Town Clerk Brenda Torres read the votes out loud. The Final votes are: Marty Golembiewski, short term with 7 votes Anthony Sekinger, short term with 3 votes Trevor MacAllister, long term with 4 votes. Mayor Smith Hymes congratulated the new commissioners and welcomed them to PZC, and hopes Caroline Shoeller will reapply in the future. 5.4. RESOLUTION 21-03 CONFIRMING THE ELIGIBILITY OF ZEHREN & ASSOCIATES TO CONTINUE TO PROVIDE DESIGN SERVICES TO THE TOWN OF AVON (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:32:56 Councilor Hardy had a conflict of interest with this item and shut off her audio/video at 7:33 p.m. Town Attorney Paul Wisor explained the intention of this Resolution. He said this is a good practice for the Town and for Zehren & Associates and he explained that any conflicts of interest for Councilor Hardy with certain agenda items will still have to be assessed on a case by case basis. Town Attorney Paul Wisor explained it was his choice to proactively put this Resolution on the agenda for discussion. Mayor Smith Hymes asked for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve Resolution 21-03 Confirming Zehren & Associates eligibility to provide architectural, planning, interior design, landscape architecture and related services to the Town of Avon. Councilor Prince seconded th e motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused and away . Councilor Hardy returned to the meeting after the voting at 7:40 p.m. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 6. MINUTES 6.1. APPROVAL OF JANUARY 26, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 02:20:00 This item was discussed while waiting for final votes of item 5.3. Mayor Pro Tem Phillips moved to approve the January 26, 2021 Regular Meeting Minutes as presented. Councilor Hardy seconded the motion and the motion passed unanimously. 7. WRITTEN REPORTS 7.1. January 19th Planning and Zoning Commission Meeting Abstract (Town Planner David McWilliams) 7.2. Draft January 19th Health & Recreation Committee Meeting Minutes (General Government Intern Emily Myler) 7.3. Draft January 21st CASE Committee Meeting Minutes (General Government Intern Emily Myler) 7.4. Draft January 28th Finance Committee Meeting Minutes (General Government Intern Emily Myler) 7.5. Report on Individually Assigned Take-Home Vehicles in Avon Police Department (Police Chief Greg Daly) 8. MAYOR AND COUNCIL MOMENTS & MEETING UPDATES Video Start Time: 02:21:39 This item was discussed while waiting for final votes of item 5.3. Councilor Underwood reported that she attended her first Northwest Colorado Council of Governments meeting since she was appointed as Avon's representative in January. She informed Council that the mountain migration report is and will be an enhanced report from the last copy of the NWCCOG second homes report in 2008. A collaboration between NWCCOG and CAST will produce this report and an upcoming survey will be a huge data source. She informed Council that Avon will have a hand in the survey, which is being developed now and is scheduled to be published in early March. If Councilors have any requests for survey questions, please email her that question or just the data point / topic to be addressed, please email her this week so she can relay the information as Avon's representative. She suggested when the survey gets published, perhaps Avon can use the Engage Avon platform to do so. Secondly, she said that they have also published a very full childcare report and she is happy to provide Councilors a copy upon request. Lastly, she received an Eagle County Comprehensive plan update and the Vista Project is a part of this. She requested that Mayor Pro Tem Phillips, as Avon's Vista liaison, be cognizant of involving our LatinX neighbors in this project. Mayor Smith Hymes spoke about the interest and concern about what is happening with the rail line. She said we will put documents, updates, and communications on www.engage.avon.org. There will be a section for the Tennessee Pass Rail Line. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Thuon wanted to clarify for the record that we as the Town are not supporting or opposing the rail line, but we are gathering information and exploring what the impacts would be. Mayor Smith Hymes said we will explain the process on engage.avon.org. We have an obligation and need to gather info, not have an opinion. Our current step is to understand the issue and communicate that to the community. 9. EXECUTIVE SESSION Video Start Time: 01:53:09 Part Two 9.1.For the purpose of receiving legal advice pursuant to Sec. 24-6-402(4)(b) and for the purpose of determining negotiating positions pursuant to Sec. 24-6-402(4)(e)(I) regarding a potential water storage agreement of the Upper Eagle River Water Authority. 9.2.For the purpose of receiving legal advice pursuant to Sec. 24-6-402(4)(b) and for the purpose of determining negotiating positions pursuant to Sec. 24-6-402(4)(e)(I) regarding a potential affordable housing project. (10 Minutes) 7:50 9.3.For personnel matters pursuant to Sec. 24-6-402(4)(f) regarding the annual Town Manager performance evaluation process Mayor Smith Hymes explained that the Executive Session is up next, this will be informational updates from Town Attorney Paul Wisor and no decisions will be made. He requested a motion to move into Executive Session for the purposes outlined in agenda items 9.1 and 9.2. Mayor Pro Tem Phillips moved that motion. Councilor Underwood seconded the motion and the motion passed with a vote of 7 to 0. The time was 7:42 p.m. The Executive Session started at 7:44 p.m. The Executive Session ended at 9:03 p.m. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:03 p.m. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade