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TC Minutes 03-09-2021 AVON REGULAR MEETING MINUTES TUESDAY MARCH 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 Sarah 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, Amy Phillips, and Chico Thuon. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Assistant Town Manager and Finance Director Scott Wright, Mobility Director Eva Wilson, Human Resources Director Lance Richards, Planning Director Matt Pielsticker, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. Mayor Smith Hymes wanted to start the meeting reading a message about Mike Trujillo: “I have some very sad news to report. We recently learned that Mike Trujillo passed away. Mike worked for the Avon Public Works Department for 35 years. He was a dedicated employee, revered by his co-workers and an integral member of the Avon community for over three decades. He recently retired in August from the Town. During his short period of retirement, Mike enjoyed the outdoors, fishing, hunting and riding his bike. Mike’s loving, caring, generous and humorous nature will be greatly missed by all. Let us observe a moment of silence in his honor.” There was 60 seconds of silence. 2. APPROVAL OF AGENDA Video Start Time: 00:03:11 Part One Mayor Smith Hymes made a couple comments about the written reports in the meeting packet, which were very robust. She said there is never any action taken on written reports and these reports are intended to get info out to Council and the public as soon as it is ready, so people have time to digest it. She mentioned some of the written reports are scheduled as a work session or for Council action on a future agenda and Council can decide to pull a written report off and add it to the agenda during approval of the agenda as they are not part of the regular agenda for discussion, so any public comments on reports can be done during the public comments at the beginning of the meeting. However, she explained if Council takes off a report and puts it on the agenda for discussion, then comments will be taken when that agenda item gets discussed. Mayor Smith Hymes clarified which written reports are already scheduled for future meetings. She requested to pull written report item 7.8 off, so CASE Manager Danita Dempsey can talk about it as it was covered in the news and she requested to put it on as agenda item 5.0. Secondly, to allow time to tabulate the votes for the CASE Committee appointments, she suggested to move item 5.4 after item 5.1 so Town Attorney Paul Wisor and Town Clerk Brenda Torres have time to work on the votes. Mayor Pro Tem Phillips moved to approve the agenda as amended. Councilor Underwood seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:10:18 Part One Councilor Underwood requested to recuse herself from 5.3 as she will appear as the applicant for this item. She explained that she will leave as a Councilor/panelist and re-enter as an applicant and once 5.3 is finished, she will do the reverse. Town Attorney Paul Wisor explained how this relates to the ethics code. There were no Council objections. AVON REGULAR MEETING MINUTES TUESDAY MARCH 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Prince disclosed that he is a neighbor, regarding item 5.2. He does not feel he has a conflict but wanted to disclose he is a neighbor to the applicant. Mayor Smith Hymes disclosed she lives on the same street but also feels she can review this objectively. Town Attorney Paul Wisor explained the code focuses on financial interests and those issues are not relevant, but disclosure by both Councilors is appropriate. There were no Council objections. 4. PUBLIC COMMENT Video Start Time: 00:14:12 Part One 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 5.0. PULLED ITEM: WRITTEN REPORT 7.8. SPECIAL EVENTS MILESTONES (CASE MANAGER DANITA DEMPSEY) Video Start Time: 00:15:13 Part One General Government Manager de Jong showed Monday's CBS News Media Coverage. CASE Manager Dempsey explained that more discussion around the event milestone dates is scheduled for the next Council meeting on March 23rd. Mayor Smith Hymes asked for public comments and no public comments were made. 5.1. CULTURE, ARTS & SPECIAL EVENTS (CASE) COMMITTEE APPOINTMENTS (CASE MANAGER DANITA DEMPSEY) Video Start Time: 00:20:58 Part One CASE Manager Dempsey explained the process for these interviews. She gave a shoutout and a big thank you to those who served over the last two years and said that out of the four open seats, three members re-applied. She said there are nine amazing applicants who are all excited to join and bring their insight. Applicants were Justin Chesney, Tom Butz, Timothy Haley, Kristy Slack, Lisa Mattis, Ryan Silvers, Thomas Walsh, Krista Benedetti, and Ruth Stanley. CASE Manager Danita Dempsey tied up the interviews and said Council will have a tough choice with so many amazing applicants. She reiterated the recommendation in the packet, one person in the hospitality/hotel field, one person in the mixed-media marketing field and one person in the arts field as that has taken a lot more focus in recent months. Mayor Pro Tem Phillips expressed that getting input from a younger demographic would be very beneficial. Councilor Thuon asked applicants to please reapply if not voted on tonight. RESULTS OF VOTES: Video Start Time: 01:50:08 Part One Town Attorney Paul Wisor announced the first 3 seats taken and asked Council to vote again to break a tie for the fourth seat. AVON REGULAR MEETING MINUTES TUESDAY MARCH 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Video Start Time: 02:06:00 Part One Town Clerk Brenda Torres read the votes into the record. First place Ruth Stanley, second place Lisa Mattis, and third place Thomas Walsh. She announced there was a tie between Justin Chesney and Ryan Silvers. During the tie-off vote, there were 4 votes for Justin Chesney and 3 for Ryan Silvers, with Justin Chesney taking the fourth seat. 5.4. MOVED ITEM: RESOLUTION 21-07 DECLARING TOWN OF AVON A GOEV TOWN (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 0 1:44:52 Part One Mobility Director Eva Wilson joined the meeting and explained the recommendation to declare Avon as a “GoEV” town as outlined in Resolution 21 -07. She expressed the Town has two electric transit busses coming this year, has installed two EV charging stations last year and a ll passenger vehicles up for replacement get Electric substitutes. She said the Town is looking at EV options for PD cars and heavy equipment like snowplows. She expressed that , based on research, our new electric busses could run from 6 :30 a.m. to 6:00 p.m. without charging and these buses are scheduled to run in -town and not up to B eaver Creek. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 21-07, thereby declaring the Town of Avon a GoEV Town. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 1. Councilor Andrade voted against the motion. 5.2. PUBLIC HEARING: RESOLUTION 21-05 WILDRIDGE LOT SPLIT PUD AMENDMENT FOR 5150 LONGSUN LANE, WILDRIDGE (TOWN PLANNER DAVID MCWILLIAMS) Video Start Time: 00 :00:10 Part Two Town Planner McWilliams presented a PPT with maps and graphics for this lot split. He mentioned they did not receive any public comment on this topic. The applicant, Jeff Manley, also joined to clarify a few points and answer Council questions. Councilor Hardy expressed this meets the review criteria and that the Planning and Zoning Commission has reviewed it. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Prince moved to approve Resolution 21-05 for Case #PUD21001, an application for a Minor PUD Amendment for Lot 61, Block 4 Wildridge Subdivision. Councilor Hardy seconded the motion and the motion passed unanimously. 5.3. PUBLIC HEARING: RESOLUTION 21-06 MINOR PUD AMENDMENT FOR SHORT-TERM RENTAL ON LOT 5A AND 5B, NOTTINGHAM STATION (TOWN PLANNER DAVID MCWILLIAMS) Video Start Time: 00:34:10 Part Two Councilor Underwood was recused from this agenda item and left the meeting as a Councilor. The time was 7:43 p.m., she then rejoined as an applicant at 7:46 p.m. Town Planner David McWilliams presented a PPT with maps for Lots 5A and 5B. He mentioned this application was approved unanimously by the Planning and Zoning Commission last week. The applicant, Tamra Underwood, clarified and explained the application. AVON REGULAR MEETING MINUTES TUESDAY MARCH 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes asked for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve Resolution 21-06 for Case #PUD21002, an application for a Minor PUD Amendment for Lot 5A and 5B Nottingham Station PUD. Councilor Hardy seconded the motion and the motion passed 6 to 0. Councilor Underwood was recused. 5.5. RESOLUTION 21-04 APPROVING ERWSD EASEMENT AGREEMENT – NOTTINGHAM PARK UTILITY UPGRADES P ROJECT (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:49:24 Part Two Councilor Underwood rejoined the meeting as a Councilor. The time was 7:58 p.m. Justin Hildreth joined the meeting and explained the easement agreement as outlined in the packet. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 21 -04 Approving Bill of Sale and Conveyance of Water Easement to UERWA . Mayor Pro Tem Phillips seconded th e motion and the motion passed unanimously. 5.6. LED MESSAGE BOARDS: REVIEW OF PROPOSED LED MESSAGE BOARD LOCATIONS , DESIGN AND COSTS AND POTENTIAL ACTION TO APPROVE CONTRACT (TOWN MANAGER ERIC HEIL AND TOWN ENGINEER JUSTIN HILDRETH ) Video Start Time: 00:57:43 Part Two Mayor Smith Hymes pointed out that Council could discuss the railroad signs and the neighborhood signs as two separate discussions and motions. Council discussion included locations, real purpose of these boards, and display specifications. Councilor Andrade said the word “need” has been over -used in the discussion, but he thinks these boards are convenient, but not a necessity . Councilor Underwood suggested to proceed with the Metcalf sign as a pilot. Mayor Smith Hymes said she is in support of Councilor Underwood’s suggestion and looking for a partnership with Avon Elementary School . Mayor Pro Tem Phillips moved to approve proceeding with the two railroad signs not to exceed $65K. Councilor Thuon seconded t he motion and the motion passed with a vote of 4 to 3. Councilor s Underwood, Andrade , and Hardy voted against the motion. Councilor Prince mov ed to approve the Metcalf R oad sign but moving it up the road to the Wildridge/Wildwood turn intersection with a budget not to exceed $5 0K. Councilor Thuon seconded th e motion and the motion passed with a vote of 6 to 1. Councilor Andrade voted no. Staff is tasked to re -study the neighborhood signs. AVON REGULAR MEETING MINUTES TUESDAY MARCH 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 6. MINUTES 6.1. APPROVAL OF FEBRUARY 23, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:52:11 Part Two Councilor Underwood moved to approve the February 23, 2021 Regular Meeting Minutes. Councilor Hardy seconded the motion and the motion passed unanimously. 7. WRITTEN REPORTS 7.1. Avon Wastewater Treatment Facility Nutrient Upgrade 1041 Permit | Annual Update Report (Planning Director Matt Pielsticker) 7.2. March 2nd Planning and Zoning Commission Meeting Abstract (Town Planner David McWilliams) 7.3. Monthly Financial Report (Senior Accountant Joel McCracken) 7.4. Amended 2020 RETT Report (Senior Accountant Joel McCracken) 7.5. Overview of East Nottingham Park Improvements Process (Planning Director Matt Pielsticker) 7.6. Update on West Beaver Creek Boulevard Parking Project (Mobility Director Eva Wilson) 7.7. Off Road Vehicle Written Report (Chief of Police Greg Daly) 7.8. Special Events Milestones (CASE Manager Danita Dempsey) 7.9. Draft February 16th Health & Recreation Committee Meeting Minutes (General Government Intern Emily Myler) 7.10. Engage Avon Website Platform (Communications Manager Elizabeth Wood) 7.11. Recreation Department Year End Report (Recreation Director John Curutchet) 7.12. Upper Eagle Regional Water Authority Feb 25, 2021 Meeting Summary (Mayor Smith Hymes) 7.13. Construction Waste Diversion Former Town Hall Demo (Town Engineer Justin Hildreth) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:53:00 Part Two Councilor Thuon commented on 6 quick points: 1) Council received a lot of comments on Road 779 and Council should schedule a meeting on the topic. Mayor Smith Hymes confirmed this is scheduled for April 13. 2) The manhole covers in overlays need attention and he asked staff to please report back. 3) He would like staff to count the number of pedestrian crossings on Hwy 6 in Eagle County compared to Avon. Town Manager Eric Heil confirmed this is in the works and scheduled to come back to Council on April 4) He said there is electricity at our Walmart roundabouts and we should have blinking lights at pedestrian crossings for safety 5) He said that there is an upset family at Old Trail Road with a large amount of cones and that family really needs a speedbump for safety. 6) Lastly, he said not to forget our colleagues in Town of Eagle. Councilor Underwood wanted to bring up a minor issue. She asked staff to be consistent with the language used for the park and always refer to it as Harry A. Nottingham Park and then comma or dash East / West / North / South. Mayor Pro Tem Phillips wanted to provide a quick update on the mural project and said the jury panel is moving their way into making a final decision. She mentioned she is happy to share the options on a zoom call with any Councilors interested one on one. She said it's beautiful and exciting and there were 30+ submissions which the jury have brought down to 3 finalists. AVON REGULAR MEETING MINUTES TUESDAY MARCH 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes reported on last week's Colorado Association of Ski Towns (CAST) meeting during which the association had a brief visit from Senator John Hickenlooper and Senator Michael Bennett. She said the senators are reviewing bills being considered and they spoke of infrastructure and getting forests and watersheds to be considered as infrastructure. She mentioned they got an overview of all bills at Colorado Municipal League. There are 200 pieces of legislation, one of which is another attempt to repeal the local prohibition on banning plastics. Mayor Pro Tem Phillips will testify on Thursday, March 18. She said the historic monuments are coming to fruition soon after working on them for years and that this is another version of art related. She expressed it is very exciting to get this in place after a long process. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:18 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.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade