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TC Minutes 06-22-2021 AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Liquor Authority meeting to order at 5:00 p.m. and the Council regular meeting to order at 5:07 p.m. A roll call was taken, and Council members present in person were Lindsay Hardy, Scott Prince, Amy Phillips, Chico Thuon, and RJ Andrade. Councilor Tamra Underwood joined virtually via Zoom. Also present were Planning Director Matt Pielsticker, Chief of Police Greg Daily, Town Manager Eric Heil, Town Attorney Paul Wisor, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING SPECIALIZED DETAILS OF SECURITY ARRANGEMENTS RELATED TO TOWN HALL PURSUANT TO SECTION 24-6-402(3)(A)(IV), C.R.S. A roll call was taken for Executive Session, and Council members present in person were Mayor Smith Hymes, Lindsay Hardy, and RJ Andrade. Councilor Tamra Underwood joined virtually via Zoom, and Councilors Scott Prince, Chico Thuon, and Amy Phillips were absent. The time was 4:01 p.m. Councilor Prince joined the Executive Session at 4:03 p.m. Councilor Andrade moved to move to the Executive Session for the Purpose of discussing specialized details of security arrangements related to Town Hall pursuant to Section 24-6-402(3)(a)(IV), C.R.S. Councilor Hardy seconded the motion and the motion passed with a vote of 4 to 0. Councilor Underwood could not hear the roll call motion and did not vote. Councilor Thuon joined the Executive Session at 4:04 p.m. Mayor Pro Tem Phillips joined the Executive Session at 4:12 p.m. The Executive Session started at 4:04 p.m. The Executive Session ended at 4:50 p.m. 2. APPROVAL OF AGENDA Video Start Time: 00:07:15 Councilor Prince moved to approve the agenda as presented. Councilor Hardy seconded the motion and the motion passed unanimously. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:08:22 No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:08:35 Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via Zoom. AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Kathleen Walsh, Eagle Bend Drive resident, commented. She asked about the Avon Dark Sky Building initiative and particularly the Traer Creek Development and the outside lighting on that building and if it can be looked at as it is a lot of light. She mentioned it is bright over in that area and the building lights are on 24/7 in an unoccupied building. Krista Keiser, Eagle-Vail resident, commented. She said she sent an appreciation email to Council about removing the Pride Flags and that she got a polite response, but her friend did not. She quoted appropriate appointed official behaviors in Avon Code and the email her friend had sent. Andrew Keiser, Eagle-Vail resident, followed up Krista Keiser’s comment by reading out loud the email response from Mayor Pro Tem Phillips sent on Sunday to Heather Bergquist regarding the Pride Flags. Madison Partridge, part of the organizing committee of Pride in the Park, thanked Council in name of the LGBQ Community, and expressed her sincere gratitude for allowing the Pride Flag to be flown earlier this week. She expressed how it saves lives through feeling accepted and she hopes that Council's inboxes have been filled with love and gratitude emails from the attendees. She cannot stress enough how this has made impact on youth, families and individuals in the community and she hopes that flying the flag continues next year to promote inclusion. Jordan Lyles, Avon resident, was also very thankful to Council for saving lives through their support, specially to Mayor Pro Tem Phillips and Councilor Hardy. He said kids might not see support from their parents, but they saw it from this Council. Mayor Smith Hymes expressed that Council received an overwhelming number of emails from the community in response to this issue and said Council will craft a response to be sent out by email tomorrow to everyone that sent a comment. No virtual comments were made. 5. BUSINESS ITEMS 5.1. AVON POLICE DEPARTMENT ANNUAL PRESENTATION (POLICE CHIEF GREG DALY) Video Start Time: 00:21:20 Chief of Police Greg Daly presented the highlights of the annual Police Department update, including the department’s overview, statistics, community outreach, and accreditations. He thanked Council for approving their proposed 2020 budget, making it possible for them to keep up with technology gadgets and trainings. Council asked a few questions and thanked Chief Daly for the great information included in the update report and for protecting the community. 5.2. SUPPORT LETTER FOR SHRED ACT (TOWN MANAGER ERIC HEIL) Video Start Time: 00:54:19 Town Manager Eric Heil introduced the topic and mentioned that this letter is in support of the SHRED Act to keep ski area permit fees local, support winter recreation and address broad recreation needs. AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Thuon moved to approve the Letter of Support for the SHRED Act. Councilor Hardy seconded the motion and the motion passed unanimously. 5.3. PRESENTATION: RECREATION UPDATE (INTERIM RECREATION DIRECTOR MICHAEL LABAGH) Video Start Time: 00:56:43 Interim Recreation Director Michael Labagh presented a Rec Center Update and took Council through the highlights of the PPT presentation as included in the Council packet, including operations, programs, COVID-19 regulations, park improvements and personnel analysis. He expressed that all reservations have been phased out, although it is still possible to reserve lap lanes, and that a big percentage of staff that was laid off due to the pandemic has been rehired in the past couple of months. He and Town Manager Eric Heil answered questions about the process to potentially raise minimum wages for lifeguards. Councilor Thuon asked to check the safety of a rope next to the zipline at the playground. Council thanked Michael Labagh for stepping in as Interim Recreation Director. 5.4. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING: CLIMATE ACTION COLLABORATIVE GOVERNING BOARD (TOWN MANAGER ERIC HEIL) Video Start Time: 01:22:58 Town Manager Eric Heil explained that this is a MOU to create a governing body for the Climate Action Collaborative Board and there are two proposed motions, the first one to approve the MOU and the second one to designate Mayor Smith Hymes as the primary and himself as alternate representative for the Town. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Hardy moved to approve the Memorandum of Understanding by the Local Government Members of the Climate Action Collaborative for the Eagle County Community. Councilor Prince seconded the motion and the motion passed unanimously. Mayor Pro Tem Phillips moved to designate Mayor Sarah Smith Hymes as the primary representative and Town Manager Eric Heil as the designated alternate for the Town of Avon on the CAC Governing Board. Councilor Hardy seconded the motion and the motion passed unanimously. 5.5. PUBLIC HEARING: SECOND READING OF ORDINANCE 21-08 MODEL TRAFFIC CODE (TOWN PROSECUTOR ELIZABETH PIERCE-DURANCE) Video Start Time: 01:29:35 Town Prosecutor Elizabeth Pierce-Durance presented the ordinance for second reading and confirmed there were no changes from the first reading. Mayor Smith Hymes asked for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Hardy moved to approve on Second Reading Ordinance 21-08 Adopting the 2020 Model Traffic Code by reference for use within the Town of Avon. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.6. FIRST READING ORDINANCE 21-05 CONCERNING THE MANAGEMENT OF PLASTIC PRODUCTS (TOWN ATTORNEY PAUL WISOR) Video Start Time: 01:32:27 Town Attorney Paul Wisor introduced the ordinance and explained this ordinance seeks to further enhance efforts to manage plastic products in Town including plastic bags. He said this ban on expanded polystyrene takes effect January 1, 2024, and that beginning July 1, 2024, the Town may impose more stringent restrictions than set forth in HB 21-1162. Mayor Smith Hymes called out General Government Intern Emily Myler for her excellent work on the plastic bag report. Mayor Smith Hymes asked for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve on First Reading Ordinance 21-05 Amending certain portions of Section 8.38.020 of the Code, enacting Chapter 8.50 – Prohibition On Use of Expanded Polystyrene Food Containers, and setting a public hearing for second reading on July 13, 2021. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 1. Councilor Andrade voted no. 5.7. FIRST READING OF ORDINANCE 21-09 APPROVING CODE TEXT AMENDMENTS TO CHAPTER 7 OF THE AVON MUNICIPAL CODE (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:47:42 Planning Director Matt Pielsticker presented and thanked Town Planner David McWilliams for putting the Avon Development Code amendments together. Councilor Prince asked questions regarding fencing and said he does not support this, as each case should be reviewed case by case instead of a blanket approval. Councilor Hardy asked to add fencing language changes to the code now that the code language is being discussed. Council also emphasized the lighting language. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Thuon moved to approve on First Reading Ordinance 21-09 Approving Code Text Amendments to Chapter 7 of the Avon Municipal Code and setting a public hearing for second reading on July 13, 2021, with the direction to staff to add the discussed changes to the fencing language. Councilor Prince seconded the motion and the motion passed with a vote of 5 to 2. Councilor Underwood and Mayor Pro Tem Phillips voted no. 5.8. PRESENTATION: DIGITAL MESSAGING SIGNS (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 02:18:44 Town Engineer Justin Hildreth highlighted the proposed locations. Council discussed the disconnect when PZC only looks at design and does not take cost into account or safety per location. Councilor Thuon said he is more into the safety issue and suggested to put it on the straight road instead of the corner where cars shift next to the bike line. AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Prince mentioned that vehicle accidents on Wildwood Road may hit/damage the sign. The Majority of Council was in favor of a cheaper option, and it was suggested that Avon Elementary School would be a great location. Council asked staff to stake out the different areas. 5.9. PUBLIC HEARING: OUTDOOR USE OF AMPLIFIED SOUND PERMIT APPLICATION (CASE MANAGER DANITA DEMPSEY) Video Start Time: 02:45:52 Town Manager Eric Heil presented the sound permit application. Town Attorney Paul Wisor confirmed that the Town has not received any complaints in the past. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Prince moved to approve the Outdoor Use of Amplified Sound Application for the XTERRA Mountain Championships at Harry A. Nottingham Lake boat ramp. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.10. RESOLUTION 21-15 AMENDING AND RE-ADOPTING THE SIMPLIFIED RULES OF ORDER FOR AVON TOWN COUNCIL MEETINGS TO REFLECT REMOTE ATTENDANCE POLICY (TOWN ATTORNEY PAUL WISOR AND TOWN MANAGER ERIC HEIL) Video Start Time: 02:49:00 Town Attorney Paul Wisor presented this topic and explained that this resolution outlines the rules and clarifies under what circumstances a Council member can attend remotely. He explained that the revised draft being presented includes suggestions from Councilor Underwood and some other changes, including that all requests to attend remotely should be in writing, when a Council member participates remotely a roll call should be taken for every vote, and that the presiding officer should designate someone to be the contact person in case of technical difficulties. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Thuon moved to approve Resolution 21-15 Adopting an Amended and Restated Simplified Rules of Order for Avon Town Council Meetings to Reflect a Remote Attendance Policy, including Town Attorney Paul Wisor's proposed changes. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.11. ELECTRIC BUS PURCHASE AGREEMENT (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 02:53:30 Mobility Director Eva Wilson joined the meeting to answer Council questions. She clarified that this is a direct swap and that the grant goal is to remove the old diesel buses off the road permanently. She mentioned the expected time to receive these buses is February 2022. Mayor Pro Tem Phillips moved to accept the FTA grant funds for the purchase of two electric vehicles. Councilor Hardy seconded the motion and the motion passed unanimously. Mayor Pro Tem Philips then moved to accept the Proterra Purchase Agreement. Councilor Hardy seconded that motion and the motion passed unanimously. AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5.12. DIESEL BUS PURCHASE AGREEMENT (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 03:01:12 Mobility Director Eva Wilson joined the meeting and presented this agreement to Council. She clarified that these are clean diesel buses and very different than the old ones that are need to be destroyed. She mentioned the expected time to receive these buses is August 2021. Mayor Pro Tem Phillips moved to accept the State of Colorado Grant Agreement for the purchase of two new diesel buses. Councilor Hardy seconded the motion and the motion passed unanimously. Mayor Pro Tem Phillips then moved to approve the CMPC Purchase Agreement with Gillig. Councilor Thuon seconded the motion and the motion passed unanimously. 5.13. ACCEPTANCE OF GRANT AWARD – CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATION ACT GRANT (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 03:03:47 Eva Wilson presented the grant award for the Town of Avon for $967,728 dedicated to Transit Operations. Mayor Pro Tem Phillips moved to approve the State of Colorado Subaward Agreement for CRRSAA in the value of $967,728. Councilor Hardy seconded the motion and the motion passed unanimously. 5.14. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING: THE COLORADO EV RENTAL CAR PROGRAM (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 03:05:11 Eva Wilson introduced the MOU. She said this is a state program which encourage EV rentals with the purpose of giving public the opportunity to drive an EV and potentially buy one and to have more EV in the Mountain region. She mentioned how the Avon Recreation Center will offer two one-day passes as an incentive and that this program will start at the Eagle County Regional Airport this fall. Councilor Thuon moved to enter into a Memorandum of Understanding for the Colorado EV Car Program. Councilor Prince seconded the motion and the motion passed unanimously. 5.15. RIVERFRONT LANE REVOCABLE LICENSE AGREEMENT (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 03:08:27 Planning Director Matt Pielsticker presented the license agreement. He mentioned that this agreement is for parking, loading, landscaping improvements, and skier shuttle pull off area. Jim Telling joined virtually to answer Council questions. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Hardy said she had to recuse for this item but forgot to disclose that earlier. Councilor Prince moved to recuse Councilor Hardy. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy then left the room. AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Thuon moved to approve Revocable License Agreement with Riverfront Village Hotel, LLC for Riverfront Lane Right-of-Way improvements. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused. Councilor Hardy returned to the room at 8:14 p.m. after voting. 6. MINUTES 6.1. APPROVAL OF JUNE 8, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 03:13:37 Mayor Pro Tem Phillips moved to approve the minutes from June 8th regular meeting as presented. Councilor Prince seconded the motion and the motion passed unanimously. 7. WRITTEN REPORTS 7.1. Monthly Financials (Senior Accountant Joel McCracken) 7.2. June 15th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.3. Upper Eagle Regional Water Authority May 27, 2021 Meeting Summary (Mayor Smith Hymes) 7.4. Avon Police Department Disposition on Forfeited Properties for 2020 (Police Chief Greg Daly) 7.5. Public Wi-Fi Firewall (IT Manager Robert McKenner) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:14:25 Councilor Thuon had several comments: 1. He thanked Chief Daly and the firemen out there for keeping everyone safe 2. He reminded everyone to sign up for the Eagle County Alerts app 3. He encouraged everyone to get vaccinated 4. He said that in terms of the flag talk, he asked to please have tolerance and kindness 5. He asked Town Manager Eric Heil about Walmart having a restriction to sell alcohol until 10:00 p.m. per a Town ordinance, as he was informed at the store, and asked Town Attorney Paul Wisor to please give them a call to clarify it is per state regulations, not local 6. He raised awareness for E-bikes in the park as some go too fast and scare pedestrians. He suggested to set speed limit or pedal only policies through an ordinance 7. He asked for an update on researching a potential marijuana tax. Town Manager Eric Heil confirmed this is on the 2021 workplan and there will be an update to Council in July 8. He asked if the culvert on Metcalf Road has been repaired 9. He asked for an update on the old Town Hall demo 10. He also asked for a siren generator update 11. Regarding the schedule of the underpass construction, he suggested to have an independent third- party management to oversee line item by line item understanding in the contract and to oversee cost and the timing 12. He closed his comments asking everybody to be kind. AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Pro Tem Phillips expressed that she is upholding the State law and the LBGTQ+ community is part of that and protected under that law, and that if your words are bigoted and discriminatory, no matter how sweet, you are violating the State law. She said that, as a Town Councilor and as a Real Estate Agent, it is her responsibility to uphold the Colorado laws. Councilor Hardy had several comments: 1. She asked for an update on the Pride in the Park event and said it was a beautiful event to celebrate inclusivity. She expressed how it was very moving and that the community is amazing. She said she admires the many incredible emails that Council received and how this is making things better for the youth in the valley 2. She mentioned that she walked the park with Town Manager Eric Heil and staff last week and said the prairie dog situation is outrageous and is causing stress on the HOA's nearby 3. She said in one location in the park near the baseball field the safety needs to be improved to make access easier 4. Lastly, she said after hearing tonight that the Recreation Center’s parking lot is already full currently with only 250 visitors per day (pre-pandemic it was at 500/600 day), Council may need to revisit on-street parking to accommodate all visitors. Councilor Andrade asked the Town to err of side of caution and not have the fireworks on July 3rd. Mayor Pro Tem Phillips suggested to use the fireworks on an event that would stimulate business in the winter, but not on Christmas week. Mayor Smith Hymes had several comments: 1. She wanted to talk about the flag controversy and said that a few years ago Council discussed a detailed Code of Conduct which Council ultimately did not adopt. She said that Council has to be very careful of speaking on behalf of the entire Council versus expressing their personal opinion. She said that because Council does not have a Code of Conduct, they do not know what other Councilors are doing/emailing and until Council agrees on protocols, all Councilors should be clear if responding whether their words express personal or Council opinion 2. She said the inaugural Art Around Avon Walk on June 11th was lovely and it was a beautiful day. She mentioned the artists said that their pieces move around to different communities and one artist suggested that Council purchases one piece every year. Council suggested switching the heart and the sawblade pieces 3. She reminded everyone about AvonLIVE! tomorrow 4. She announced that the MIRA Bus will be present at Salute to the USA event with COVID-19 vaccines 5. She said that SunsetLIVE! last Sunday was so great and so well attended 6. She asked about replacing the plaques for the bronze statues around town as they look very old 7. She then polled Councilors on availability for a second budget retreat on September 24th which is a full day in addition to the half day that is scheduled on October 29th. AVON REGULAR MEETING MINUTES TUESDAY JUNE 22, 2021 SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:59 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