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TC Minutes 03-23-2021 AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 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, 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, Recreation Director John Curutchet, Town Engineer Justin Hildreth, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. Mayor Smith Hymes talked about the tough day in Boulder yesterday and how powerless we feel about this dangerous trajectory we seem to be on. Her comfort in this situation is that we have a world-class Avon Police Department that is very well trained and will protect our community. 2. APPROVAL OF AGENDA Video Start Time: 00:02:00 Part One Mayor Smith Hymes mentioned this is a revised agenda which has a discussion of Mi Casa deed restriction program as item 5.5. Councilor Underwood pulled item 5.8.1 from the consent agenda for discussion. Mayor Smith Hymes added it as business item 5.9. Councilor Underwood moved to approve the agenda as amended. Mayor Pro Tem Phillips 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: 00:04:11 Part One Councilor Hardy disclosed for item 5.7. that she works for Zehren & Associates. She clarified she has no financial interest in the notice of award up for discussion on tonight's agenda, but she wanted to disclose the connection. Also, now that item 5.8.1. has been pulled out from the consent agenda, part of Zehren & Associates staff is involved in this project as well. Town Attorney Paul Wisor reminded Council about a recently approved Resolution 21-03 and these kinds of participations are not a conflict as they have no financial interest. Councilor Prince moved to clear Councilor Hardy from a conflict of interest in the items pointed above. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy abstained from the vote. 4. PUBLIC COMMENT Video Start Time: 00:07:22 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. AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5. BUSINESS ITEMS 5.1. WINTER ICE UPDATE (RECREATION DIRECTOR JOHN CURUTCHET) Video Start Time: 00:08:28 Part One Recreation Director John Curutchet joined the virtual meeting and presented the PPT included in the Council Packet. He mentioned no new equipment was purchased for this project. Mayor Smith Hymes mentioned she received many positive comments on the condition of the ice and the great service provided by the Recreation Center. Council congratulated him, his team, and the Public Works team on the big success of the ice-skating fun this winter. 5.2. WORK SESSION: ENGAGE AVON WEBSITE (MARKETING & COMMUNICATIONS MANAGER LIZ WOOD) Video Start Time: 00 :22:55 Part One Marketing & Communications Manager Liz Wood joined the virtual meeting and shared her screen to show the Engage Avon Website. She explained how to access it, how to register and what current registrations look like and the participation levels in different projects. She also mentioned the website is available in Spanish with just one click, however, feedback is not available in Spanish yet. Mayor Smith Hymes expressed this website is very exciting and it is great to have one place with a lot of information that we can direct members of the public to for information and to get their input on projects and initiatives. Mayor Smith Hymes asked for public comments and no public comments were made. 5.3. DRAWING OF THE FINAL NAMES FOR “NAME THE SNOWPLOW’ PROJECT (MARKETING & COMMUNICATIONS MANAGER LIZ WOOD) Video Start Time: 00:38:06 Part One Marketing & Communications Manager Liz Wood introduced this item. She mentioned the contest will close on March 31st and winners will be announced on April 2nd. Mayor Smith Hymes announced that one snowplow will be named 'Mikey T' after Mike Trujillo, a long-time Town of Avon employee who recently retired and a few months later passed away. She announced that instead of 3, there will be 5 snowplows to be named. One is Mikey T and there are 12 names that the public can vote on, and the 4 names with the most votes will be chosen for the other 4 Avon snowplows. Mayor Smith Hymes read the names that everyone can vote on through Engage Avon starting tomorrow and encouraged the public to please go and vote. The names are: Champagne Plowder, Heart of the Valley Sally, Plowabunga Dude!, Plowder Day, Powder Patrol, Plowy McPOWFace, Rocky Plowboa, Slush Puppy, Snow Bully, Sprinkles, Street Farmer, and The Big Leplowski. Councilor Thuon suggested to give the name Mikey T to the snowplow that Mike Trujillo used to drive. AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.4. PRESENTATION: WATER SUPPLY MASTER PLANNING #1 (LINN BROOKS, GENERAL MANAGER AT THE ERWSD) Video Start Time: 00:43:05 Part One Jason Cowles, Linn Brooks and Diane Johnson with the Eagle River Water and Sanitation District joined the meeting , showed a PPT presentation explaining a water supply master planning introduction and answered several questions from Council. Council expressed this was a great presentation and very helpful insight on the background of the master planning that is scheduled for a presentation at the second meeting in April. Council discussed landscaping and irrigation best practices and recommendations. Mayor Smith Hymes asked for public comments and no public comments were made. The second presentation will come before Council in April. 5.5. PRESENTATION : MI CASA AVON P ROGRAM (TOWN MANAGER ERIC HEIL ) Video Start Time: 01:38:55 Part One Town Manager Eric Heil explained it is time to revisit the Mi Casa Avon program, the Town's deed restricted housing program that launched in June 2020. He explained that the inventory has been very low in the last 6 months and the prices are increasing. For those reasons, he said, staff asks Council to consider increasing the max cap from $75,000 to $100,000 per transaction. Mayor Smith Hymes asked for public comments and no public comments were made. After Council discussion on this cap and the market , Mayor Pro Tem Philips moved to direct staff to increase the Mi Casa Avon cap to $100K while maintaining the percentage cap at 12%. Councilor Hardy seconded th e motion and the motion passed with a vote of 5 to 2. Councilors Prince and Andrade voted no. 5.6. PRESENTATION : SPECIAL EVENTS MILESTONES (CASE MANAGER DANITA DEMPSEY) Video Start Time: 01:58:11 Part One CASE Manager Danita Dempsey joined the virtual meeting and presented the proposed events for this summer with the anticipation for Public Health Orders (PHO) to change soon. She expressed that she is in close communication with the Eagle County to be able to pull the t rigger on a health order variance should that be needed. She then took Council through the milestone dates and explained that if we wait, it will be too late to do anything. She mentioned that all contracts will have PHO clauses so the Town is not at risk if any event cannot take place. Councilor Underwood expressed that Salute to the USA in 2021 will be a new opportunity to promote public transportation to get to the event from different points, including Freedom Park in Edwards. Councilor Thuon wondered if drought anticipated for this summer will affect the fireworks show and to consider alternatives like a laser show. Councilor Prince said he made a 180-degree switch from where he was 12 months ago, and he is fully supportive of funding events instead o f the putting a break on events like 12 months ago. He believes it is going to be a record year and he is all in. The majority of Council was supportive to move forward and have a busy 2021 events season . AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.7. NOTICE OF AWARD: AVON ROAD PEDESTRIAN IMPROVEMENTS BETWEEN ROUNDABOUTS 1 AND 2 (TOWN ENGINEER , JUSTIN HILDRETH) Video Start Time: 00:00:05 Part Two Town Engineer Justin Hildreth took Council through the project, the history, and a comparison with photos of other underpasses from Ed wards to East Vail. Councilor Thuon asked staff if we asked CDOT to pay for this project. Staff explained CDOT does not have funding available for this project but there is a grant cycle every couple of years that could potentially work to pay for a part of the project. Councilor Thuon expressed that he favors a temporary solution for now and to wait for the next grant cyc le and have the State chip in. He strongly disagrees and said he finds this a very irresponsible decision if approved tonight. Councilor Hardy expressed the situation is really dangerous and if people felt safe to walk/bike that area, it would be such a gr eat improvement to Town. She suggested we apply for this grant once we are ready to do the other side of the road. Councilor Thuon left after his disagreement at 8:09 p.m. Councilor Thuon rejoined the meeting at 8:13 p.m. Councilor Underwood expressed full support to improve this area. Councilor Andrade felt the project should not be split and the 2 sides should be done at the same times, so the public sees the "true" cost to do both sides. He also wondered if staff has considered metal side protectors. Mayor Pro Tem Phillips said she agreed with Councilor Andrade on not splitting the project and looking at both sides is a good idea but said at the same time logistically you need to close part of the road to get the project underway on one side at a time. She wanted to clear up that CDOT does not care about our pedestrian safety and grants are unlikely to be awarded for this. She has heard residents ask for these improvements for years and said this is about pedestrian safety. Councilor Prince felt the snowmelt is not in line with the Town’s climate action plans and are yearly added costs, he also expressed concerns about the proposed landscaping. He suggests taking this out to a vote of the public. Mayor Smith Hymes sai d she is also bothered by the cost of this project but believes it is a necessary expenditure and it has been delayed for many years. She said the Town should try to get money from CDOT but agrees with Mayor Pro Tem Phillips this may not happen. Mayor Smith Hymes asked for public comments and there were two public comments: Ruth Stanley, Avon Resident, said she has walked the underpass many times and understands the cost is high, but the situation is very dangerous and she supports the improvement. Jake Wolf, Avon Resident and former Councilor , agrees with Councilor Prince to get a vote of the people to see who wants to spend this kind of money. Councilor Prince moved to direct staff to prepare a n informal vote on this matter and send it out to the people immediately. Councilor Thuon seconded the motion. There was further Council discussion. There was a roll call and the motion failed with a vote of 2 to 5. Councilors Andrade, Hardy, Underwood, Mayor Pro Tem Phillips, and Mayor Smith Hymes voted no. AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Underwood then moved to authorize the awarding of the Underpass Project Phase I to the low bidder, Gould Construction in the amount of $956,214 and adjust the project budget to $1,051,835 to fund a project contingency, inspections and construction administration within the Capital Improvement Project line item . Mayor Pro Tem Phillips seconded th e motion. There was further Council discussion. There was a roll call and the motion passed with a vote of 4 to 3. Councilors Prince, Andrade and Thuon voted no. 5.9. ADDED ITEM: NOTICE OF AWARD: HARRY A. NOTTINGHAM PARK, WEST IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH ) Video Start Time: 01:17:14 Part Two This item was pulled from the consent agenda. Town Engineer Justin Hildreth answered several questions from Council, including topics like the soccer fields , a porta potty enclosure, Trash & Recycle receptacles , and the chain-link fencing which is bent and worn. He explained this is a landscaping project and benches and trash/recycle containers will be added, but a porta potty enclosure is not included, and a new chain -link fence is not part of the scope of work either. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to authorize issuance of the Notice of Award for the Harry A. Nottingham Park West Landscape Improvements Project contract to the low bidder, Rocky Mountain Custom Landscapes, in the amount of $271,017 and in the next budget amendment appropriate an additional $38,000 from the Capital Projects Fund for this project and direct staff to work on the other expense items discussed tonight . Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.8. CONSENT AGENDA Video Start Time: 01:35:27 Part Two 5.8.1. NOTICE OF AWARD: HARRY A. NOTTINGHAM PARK, WEST IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH ) 5.8.2. NOTICE OF AWARD: RECREATION CENTER LOCKER ROOM REMODEL PROJECT (TOWN ENGINEER JUSTIN HILDRETH AND RECREATION DIRECTOR JOHN CURUTCHET ) 5.8.3. APPROVAL OF MARCH 9, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Mayor Pro Tem Phillips mov ed to approve the consent agenda consisting of items 5.8.2. and 5.8.3. Councilor Andrade seconded th e motion and the motion passed unanimously. 6. WRITTEN REPORTS 6.1. March 16th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 6.2. Monthly Financial Report (Senior Accountant Joel McCracken) 6.3. Mountain Health Care Coalition (Manager of Human Resources, Safety & Risk Management Karyne Spadi) AVON REGULAR MEETING MINUTES TUESDAY MARCH 23, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 7. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:36:13 Part Two Councilor Hardy reported that she attended a meeting of the committee that organized the Pride in the Park event in Avon. She said she learned a lot and she is planning to be involved and helpful as best as she can in the planning of their next event. Councilor Thuon asked about the new snowplows, the rings for the road, and yield signs across the tracks. Town Manager Eric Heil explained the Town is not purchasing new ones right now, just naming 5 of them. Town Engineer Justin Hildreth said that when overlays are done, the rings get adjusted as best as possible, and sometimes the Town will have to partner with Holy Cross Electric to get it done. Mayor Smith Hymes reminded Councilors to complete the survey for the Town Manager Evaluation by April 2nd. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:26 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