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TC Minutes 05-11-2021 AVON REGULAR MEETING MINUTES TUESDAY MAY 11, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 Part One 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 Engineer Justin Hildreth, Planning Director Matt Pielsticker, Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:25 Part One Mayor Smith Hymes asked to move agenda item 5.2 down to follow agenda item 5.8. 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: 00:01:32 Part One Town Attorney Paul Wisor recused from agenda item 5.1. as his parents live in Wildridge and have commented on this item. His colleague Andrea Bryan will be present. Councilor Hardy recused from agenda item 5.3. as she is directly involved in the design of this project. Councilor Underwood moved to approve allowing Councilor Hardy to recuse from item 5.3, the Riverfront lodge project. Councilor Prince seconded that motion and the motion passed with a vote of 6 to 0. Councilor Hardy abstained from the vote. 4. PUBLIC COMMENT Video Start Time: 00:03:37 Part One Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Ruth Stanley commented. She asked about the survey stakes on West Beaver Creek Boulevard. Dave Dantas commented. He announced the "Climb for Hope" benefit event that is coming up on June 19th 2:30 p.m.-6:00 p.m. for SpeakUp ReachOut. 5. BUSINESS ITEMS 5.1. FIRST READING OF ORDINANCE 21-07: AN ORDINANCE PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 10.40, OFF-HIGHWAY VEHICLES (CHIEF OF POLICE DALY) Video Start Time: 00:07:14 Part One AVON REGULAR MEETING MINUTES TUESDAY MAY 11, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes made a comment acknowledging all of the comments received from 109 different constituents. She said tonight's discussion will be focused on OHV only and not USFS Road 779. She said Council received many well written and well-reasoned comments by both supporters and opponents. After the staff presentation, Council will discuss and then take public comments. She said that due to the volume of comments expected, we will limit all comments to 3 minutes. She encouraged the public not to be repetitive and to keep in mind that all comments have been read by Councilors. She finished her statement saying it is a very passionate topic for many residents in the community and it has been great to receive so much input. Chief Daly joined the meeting and presented this topic. He took Council through the PPT presentation included in the packet and answered Council questions. Councilor Underwood shared a list of revisions she would like to see in the ordinance regarding definitions, insurance certificates, model traffic codes, enforcement mechanism, etc. General Government Manager Ineke de Jong mentioned that there were 70 public comments in support, and 47 public comments opposed. Mayor Smith Hymes asked for public comments and several public comments were made. Mark Kogan, President of the Mountain Star Board, commented that he is worried about fires, noise and trespassing. He said this ordinance will lead to more traffic and enforcement will be difficult. He said some homeowners have difficulties getting insured. He would rather see a timeframe to test this and have it sunset, instead of having this in place indefinitely. Peter Copses, Mountain Star Resident, expressed that he opposes passing this ordinance. Craig Lathram, Wildridge Road Resident, expressed that this ordinance is just for Wildridge residents getting from their home to the trailhead and will not impact Metcalf Road, Mountain Star etc. and that he would like Council to focus on the Wildridge Residents. Councilor Thuon had technical difficulties and got disconnected at 5:32 p.m. He rejoined at 5:35 p.m. Patricia Plavec, Wildridge Resident, expressed that she wanted to comment on the parking and said that current parking by hikers and bikers is tolerated and there are no complaints. She said that parking by OHV users is being targeted and asked for equality and equity for all recreation users. Pam Warren, Wildridge Resident, expressed that she wanted to echo a lot of concerns that were raised and said passing this ordinance has the potential to change the feel of the neighborhood. She said it will invite abuses and there will be unintended consequences by passing this ordinance. She finished by thanking Council for considering all points of view. Rick Smith, Wildridge Road Resident, expressed how he lives next to the Red & White entrance. He said the concerns about fires and the nature of the neighborhood are unwarranted and wanted to remind everyone this has been happening, so history is the best predictor of the future. The Towns of Eagle and Gypsum have this ordinance in place and do not have any issues. AVON REGULAR MEETING MINUTES TUESDAY MAY 11, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Jody Morgan, Wildridge Road Resident, thanked Council for their time and consideration. She is in support and wanted to reiterate the good points made by her neighbors and said that comments made by people outside the Wildridge neighborhood should not be considered. Peter Warren, Wildridge Resident, expressed concerns with the increase in traffic and involvement of the Rocky Mountain Riders Association, which is an indication that more traffic will be expected. Devon DeCrausaz, Wildridge Road Resident, expressed that she lives adjacent to the trailhead. She is very supportive of the ordinance and believes in access to public lands, which she started a non- profit for. Dave Dantas, Wildridge Road Resident, expressed that he lives in front of the trailhead and supports this ordinance. Haley Plavec, Wildridge Road Resident, expressed that if she cannot access the trailhead on OHV, she will drive there and that would be the same fire risk. She said that 95% of people have spark arresters. Councilor Thuon asked to pass the ordinance to second reading. Councilor Andrade liked the idea of sunsetting it after one year and assessing how it goes before it gets extended. Councilor Prince said an ordinance can always be amended over time. Councilor Underwood said based on her revisions requested earlier, she did not think this ordinance is ready for second reading and it needs to be flushed out further. Councilor Hardy said she agrees with seeing how it goes and evolving with the evolving community. Councilor Prince said he looked at the survey and counts of emails in favor and opposed. He does not think noise is a real concern from his own experience of OHV noise compared to noise from trash trucks, cars, construction trucks etc. He said this has been happening for years, so it is not changing the feel of the neighborhood, it is simply legalizing what has already been happening. He said other communities have passed this ordinance and successfully manage it. He is not supportive to sunset it and would rather amend the ordinance in future if needed. Mayor Pro Tem Phillips commented on comparison to Town of Gypsum. Mayor Smith Hymes had some suggestions for revisions before second reading but supports the ordinance. After Council discussion, Councilor Prince moved to approve First Reading of Ordinance 21-07 Providing for the Adoption of a New Chapter 10.40 Off-highway Vehicles as presented, and requested to come back with the changes requested tonight. Councilor Hardy seconded the motion and the motion passed with a vote of 5 to 2. Mayor Pro Tem Phillips and Councilor Underwood voted no. Mayor Pro Tem Phillips commented that sunsetting the ordinance and signage needs to really be considered. 5.3. PUBLIC HEARING: MAJOR DEVELOPMENT PLAN FOR RIVERFRONT LOT 1 - PHASE II CONDOMINIUM BUILDING / 42 RIVERFRONT LANE (PLANNER DAVID MCWILLIAMS) Video Start Time: 00:00:01 Part Two Councilor Hardy left the meeting at 7:09 p.m. as she recused herself from this item. Town Planner McWilliams and Jim Tell ing joined the meeting and presented. AVON REGULAR MEETING MINUTES TUESDAY MAY 11, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Council had several questions, mainly about the rooftop bar and parking for employees. Mobility Director Eva Wilson and Town Engineer Justin Hildreth joined to answer Council questions about the pedestrian crossing of Avon R oad with more residents in that area. Mayor Smith Hymes asked for public comments. Ruth Stanley commented and asked about parking to visit the rooftop bar. Jim Telling confirmed that the bar will be operated by the hotel and may not be open to the public. He said the project is complying with code requirements under commercial. She then asked about parking for owners, and Jim Telling confirmed it is one space per unit. Mayor Pro Tem moved to approve Case #MJR21004, an application for Major Design and Development Plan for Lot 1 Riverfront Subdivision, based upon the Findings of Fact and subject to Conditions as set forth in David McWilliams Staff Report dated May 5, 2021. Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused. 5.4. WORK SESSION: COMMUNITY SURVEY (COMMUNICATIONS MANAGER ELIZABETH WOOD) Video Start Time: 00:36:14 Part Two Councilor Hardy rejoined the meeting at 7:45 p.m. Communications Manager Elizabeth Wood joined the meeting and presented a brief update from the last work session. She took Council through each section of the survey and took feedback from Council on questions section by section. She said she will cr eate a final draft based on this feedback and that draft is s cheduled to launch on Monday May 17 and will be live until June 21, 2021. 5.5. RESOLUTION 21-11: SUPPORT OF P AUSE ON OIL & GAS LEASING ON FEDERAL PUBLIC LANDS (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 01:20:10 Part Two General Government Manager Ineke de Jong presented this item to Council. She explained that this Resolution declares the Town of Avon’s support of President Biden’s Pause on New Oil & Gas Leasing on Federal Public Lands, and said that many other Towns in The Mountain Pact network have passed the oil and gas resolution as well. Mayor Pro Tem Phillips moved to approve Resolution 21 -11 thereby declaring the Town of Avon’s support of President Biden’s Pause on New Oil & Gas Leasing on Federal Public Lands. Councilor Prince seconded the motion and the motion passed with a vote of 6 to 1. Councilor Andrade voted no and said he did not want to take away potential work opportuni ties from other jurisdictions. 5.6. PUBLIC HEARING: OUTDOOR USE OF AMPLIFIED SOUND APPLICATION (CASE MANAGER DANITA DEMPSEY | DARREN SKANSON CCM EVENTS) Video Start Time: 01:34:02 Part Two CASE Manager Danita Dempsey presented on applications to host acoustic and minimally amplified music at the Pop Up Music weekly event located on the Main Street Mall this summer. AVON REGULAR MEETING MINUTES TUESDAY MAY 11, 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 the Outdoor Use of Amplified Sound Application for the Avon Pop Up Music performances at the Main Street Mall. Councilor Hardy seconded the motion and the motion passed unanimously. Darren Skanson with CMM joined the meeting and spoke about the Weekly Art Expo, which in 2021 will be enhanced with some music on the Main Street Mall. Councilor Prince moved to approve the Outdoor Use of Amplified Sound Application for the Avon Art Expo music performances on the Main Street Mall, modifying the cutoff time from 4:00 p.m. to 7:00 p.m. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.7. WORK SESSION: WEST BEAVER CREEK BOULEVARD PARKING (MOBILITY DIRECTOR EVA WILSON & RECREATION DIRECTOR JOHN CURUTCHET) Video Start Time: 01:50:05 Part Two Town Manager Eric Heil, Mobility Director Eva Wilson and Recreation Director John Curutchet joined the meeting and presented. Councilor Hardy wanted to discuss the shipping container and the SUP rental location, which is blocking part of the beach, and all the views for those sitting behind the container. She said that the increase in revenues is a result of the increase in park use. Several Councilors had questions about the direction/location of the shipping container and warning the owner, Javier Placer, that Council may want to move the SUP rental to the other side of the lake near the dock in 2022. Council asked staff to send them the cost share and other terms of the SUP contract. Councilor Prince wondered if an extra Community Resource Officer (CRO) was necessary. Mayor Smith Hymes and Councilor Underwood were in favor of a second CRO. Mayor Pro Tem Phillips and Councilors Hardy and Andrade all agreed. Mayor Smith Hymes suggested the CRO should not be in Police uniform and be more of an ambassador, facilitator, and educator. Councilor Underwood asked Town Engineer Justin Hildreth to comment on Ruth Stanley's question from earlier and clarified that the stakes at West Beaver Creek Boulevard point out the I-70 right-of-way and will be removed due to the parking project not moving forward. 5.8. APPROVAL OF TALENT AGREEMENT FOR 2021 AVONLIVE! CONCERT SERIES (CASE MANAGER DANITA DEMPSEY) Video Start Time: 02:21:40 Part Two Town Manager Eric Heil talked about this item. He explained that this agreement is with Mike O'Brien with Peak Performances. Collectively the contract is over $100K and therefore before Council per procurement code. Council asked about Force Majeure Clauses. Mayor Pro Tem Phillips moved to approve the Talent Agreement with Peak Performances, Inc. for the 2021 AvonLIVE! concert series. Councilor Hardy seconded the motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY MAY 11, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.2. MOVED ITEM: PUBLIC HEARING: SECOND READING OF ORDINANCE 21-06 AMENDING CHAPTER 13.04 OF THE AVON MUNICIPAL CODE PERTAINING TO WATER USE RESTRICTIONS (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:26:52 Part Two Town Attorney Paul Wisor presented. He explained that this ordinance will allow the Town Manager, Eric Heil, to have the power to take action if someone violates water restrictions put in place by the Water Authority. Paul clarified that the water authority has updated their restrictions since the last meeting, when this item got continued to give them time to do so. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve Second Reading of Ordinance 21-06 Amending certain portions of Chapter 13.04. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 6. MINUTES 6.1. APPROVAL OF APRIL 27, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 02:31:26 Part Two Councilor Prince requested one change to agenda item 5.7, to change the word 'trolley' to 'cart'. Councilor Prince moved to approve the minutes from the April 27, 2021 regular meeting with the recommendation provided by him. Councilor Underwood seconded the motion and the motion passed unanimously. 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority Apr 22, 2021 Meeting Summary (Mayor Smith Hymes) 7.2. Art Installations Update: Art Around Avon (CASE Manager Danita Dempsey) 7.3. Contract Archive Procedures (Town Clerk Brenda Torres) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:32:47 Part Two Mayor Smith Hymes wanted to talk briefly about Council interaction with each other as Councilors. She asked everyone to do their best to disagree respectfully and be careful not to be demeaning. Councilor Thuon apologized to Councilor Prince for interrupting him earlier and Councilor Prince responded saying apology is not needed but accepted. Councilor Thuon pointed out how the whole Council and Community came together on agenda item 5.1 and that Mayor Smith Hymes showed great leadership. He suggested an attractive surround for the old newspaper boxes at the bottom of Wildwood. Councilor Hardy commented. She talked about the Pride in the Park event that is happening on June 12th. She asked if the Town would consider flying an LGBTQ Pride flag along with the Avon flag the week of the event. Several Councilors liked that idea. AVON REGULAR MEETING MINUTES TUESDAY MAY 11, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Prince made a comment that the West Avon Preserve is open, and it is the time of year that it is packed. He reported that the trails that had to be rebuilt are 99% done and he encouraged everyone to go see it. Mayor Pro Tem Phillips reported that she attended the High Five Board Meeting and mentioned that any interested community members are welcome to apply for an open seat and should contact her if interested. She will attend the ECO transit board meeting tomorrow and will make a request for support with transportation on July 3rd. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:56 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