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TC Minutes 10-26-2021AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 26, 2021 Avon SETUP AS A VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Virtual format via Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present were Amy Phillips, Scott Prince, Lindsay Hardy, Tamra Underwood, RJ Andrade, and Chico Thuon. Also present were Town Engineer Justin Hildreth, Human Resources Director Lance Richards, Assistant Town Manager and Finance Director Scott Wright, Interim Recreation Director Michael Labagh, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:51 Mayor Smith Hymes pointed out that for agenda item 5.1 Officer Davidson will not be present and will not be sworn in this evening. There were no changes made to the agenda. Mayor Pro Tern Phillips moved to approve the agenda as presented. Councilor Hardy 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: 00:01:58 No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:21 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. Mayor Smith Hymes said Council would give the public another opportunity after agenda item 5.1 for anyone who was unable to get in virtually at 5:00 p.m. 5. BUSINESS ITEMS 5.1. SWEARING IN OF OFFICER MICHAEL DAVIDSON. PROMOTIONAL BADGE PINNING FOR MASTER SERGEANT KEN DAMMEN. PRESENTATION OF CHIEFS APPRECIATION CERTIFICATES TO BUSINESS SPONSORS OF NATIONAL NIGHT OUT 2021 AND RETIREMENT PROCLAMATION FOR MASTER POLICE OFFICER MIKE LUNDBLADE (CHIEF OF POLICE GREG DALY) Video Start Time: 00:03:44 Mayor Smith Hymes presided the swearing -in and the promotional Badge Pinning for Master Sergeant Ken Dammen. Town Clerk Brenda Torres performed the Oath of Office. Chief Daly then presented the Chief's Appreciation Certificates to business sponsors of National Night Out 2021. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 26, 2021 A" V o n SETUP AS A VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER C o L o R A D o Mayor Smith Hymes read the proclamation for Master Police Officer Michael Lundblade and thanked him for his 22 years of service to the Avon Police Department. He could not attend this evening, but his photo was displayed on the screen. PUBLIC COMMENT Video Start Time: 00:20:30 Mayor Pro Tern Phillips called one more time for public comments and Kathy Ryan commented on the chances to get another mudslide in Avon and expressed there is an opportunity to apply for a grant to assist with mudslide mitigation and she encouraged the Town to apply for this. Anna Menz, an Edwards resident, commented. She asked if the plans for the restrooms, parking and green space are finalized or if there are opportunities for another use of the old Town Hall land. 5.2. PUBLIC HEARING: PROPOSED 2022 BUDGET FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:30:02 Finance Director Scott Wright presented the proposed 2022 budget and the highlights in his memo and said there is an option to have another budget retreat on Friday October 29" if Council feels like more discussion is needed. Town Manager Eric Heil said there will be a few changes to this budget before it gets presented again on the November 91h meeting which includes training and salary budget increases so the Town can stay competitive. He also asked Council to clarify the direction on fireworks for Salute in 2022 as it was not clear after the last meeting where this item was discussed during the joint CASE/Council work session. Councilor Andrade expressed he favors cancelling the fireworks asap and search for other options. Councilor Thuon did not favor cancelling fireworks in 2022, but maybe in future years. Mayor Smith Hymes and Councilor Hardy could see both sides of cancelling or not cancelling the fireworks. Councilor Hardy expressed a concern with events going up by almost $400,000 and asked to see a detailed breakdown of the increase. Councilor Prince commented on the revenue projections. Councilor Hardy commented on the adult programs versus fitness programs at the recreation center and encouraged the Town and Council to increase the budget to support the underserved youth, primarily from low-income families. Interim Recreation Department Director Michael Labagh joined and explained the different programs offered. Councilor Underwood said her takeaway on the outcome was asking the CASE committee to consider moving away from fireworks in future years, not per se 2022 and that the Town should continue to budget at fireworks levels or more in the future. She expressed this is not a budget decision but an environmental decision and mentioned the drone show option. Mayor Pro Tern Phillips expressed she agreed to ask CASE to study fireworks alternatives for future but is not ready to pull the plug in 2022. Mayor Smith Hymes, Councilor Underwood and Mayor Pro Tern Phillips all expressed they would like to keep the budget retreat on Friday to ask further questions. Councilor Andrade and Councilor Thuon wanted to keep their budget comments/questions for Friday's retreat. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 26, 2021 . v O n SETUP AS A VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER COLORADO Mayor Smith Hymes urged her fellow Councilors to consider using the old fire station as there is a critical need for transit drivers and suggested a community space for gatherings in the ground level. She mentioned there was a great no -frills example in Park City, where she attended last week, and it was a great space for people to gather. She said the art guild, seniors and neighbors all need an indoor space to meet and the Town has this functional building in a prime location. Councilor Thuon, Councilor Underwood, Councilor Hardy, and Councilor Prince were on board with her suggestion. Councilor Andrade questioned the roof situation. Council direction to staff was to explore this further as there is a clear interest. Mayor Smith Hymes called for public comments and Anna Menz, an Edwards resident, commented. She said she has many ideas for use of the bottom level space and would love the opportunity to present her ideas for Council consideration. Mayor Smith Hymes closed the public hearing and said Council will continue this discussion on Friday at the budget retreat. 5.3. PUBLIC HEARING: SECOND READING OF ORDINANCE No. 21-11 ADOPTING SHORT-TERM RENTAL TAX REGULATIONS (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 01:26:35 Finance Director Scott Wright presented second reading of the STIR ordinance and explained to Council this was continued to give the new Interim Town Attorney an opportunity to review the details. Councilor Underwood asked Finance Director Scott Wright to clarify how collection of accommodation tax for Online Travel Companies (OTC) would work and how the sales tax of Amazon and Wayfair is different than the accommodation and STIR tax. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve on Second Reading Ordinance 21-11 Amending Chapter 3 of the Avon Municipal Code by the addition of a new Chapter 3.29 implementing voter approval by the Town of Avon electorate of the Community Housing Short-term Rental Tax. Councilor Prince seconded the motion and the motion passed with a vote of 7 to 0. 5.4. APPROVAL OF FRONTGATE CONDOMINIUMS AND TOWNHOMES DEVELOPMENT AGREEMENT (TOWN MANAGER ERIC HEIL) Video Start Time: 01:42:55 Mayor Smith Hymes thanked Councilor Underwood for her diligent review and all her comments and feedback on this item provided to staff offline prior to this meeting and all the extra work she put in. Town Manager Eric Heil introduced the topic as Planning Director Matt Pielsticker was not present. Graham Frank, Chief Real Estate Development Officer with Breckenridge Grand Vacations, virtually joined the meeting and answered questions from Council. AVON REGULAR MEETING MINUTES ��O TUESDAY OCTOBER 26, 2021 SETUP AS A VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER COLORADO Mayor Pro Tern Phillips asked for the HOA declarations to not be silent on supporting deed restricted housing. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips moved to approve the Development Agreement amendments for Frontgate Avon Condominiums and Townhomes. Councilor Prince asked her if any additions. She then amended her motion to approve the Development Agreement amendments for Frontgate Avon Condominiums and Townhomes with the addition that Article X will include definitions and permissions for deed restricted programs, similar to Mi Casa, upon approval in the near future. Councilor Prince seconded the motion and the motion passed with a vote of 7 to 0. 5.5. APPROVING ARCHITECTURAL AND ENGINEERING PROFESSIONAL SERVICE AGREEMENT FOR 2757 DESIGN CO. TO COMPLETE DESIGN PLANS FOR SWIFT GULCH HOUSING PROJECT PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:57:52 Town Manager Eric Heil presented this topic as Planning Director Matt Pielsticker was not present and he asked to bring in Patrick Rawley and Erica Golden. Town Manager Eric Heil explained there were 11 proposals after the RFP and there were 4 interviews with firms. The committee decided that 2757 Design Co. was the preferred firm to take on this project. He mentioned Councilor Hardy had expressed interest in participating in the design process and invited one more Council member who would like to participate in these meetings to join. He will ask Planning Director Matt Pielsticker to extend the invitation to one or two members of the Planning Commission as well. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips asked if Councilor Andrade could volunteer his time to give his input based on his experience and connection with local workers. Councilor Underwood moved to approve the Professional Service Agreement for 2757 Design Co. to complete Architectural, Engineering, and Cost Estimating services for the Swift Gulch Housing Project. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 5.6. PUBLIC HEARING: SECOND READING ORDINANCE 21-13 ADOPTING AVON COMMUNITY HOUSING PLAN UPDATE PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:11:33 Town Manager Eric Heil presented this topic as Planning Director Matt Pielsticker was not present. Councilor Andrade pointed out an error in the median unit price which matched the median condominium price but the overall must be higher than that after considering townhomes, single-family homes are other unit types. Town Manager Eric Heil will confirm this number with Planning Director Matt Pielsticker. AVON REGULAR MEETING MINUTES Avon TUESDAY OCTOBER 26, 2021 SETUP AS A VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER COLORADO Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tern Phillips moved to approve on Second Reading Ordinance 21-13 Adopting Avon Community Housing Plan Update with the correction regarding the median price on all housing units. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.7. PUBLIC HEARING: SECOND READING ORDINANCE 21-12 DEPARTMENT CONSOLIDATION (TOWN MANAGER ERIC HEIL) Video Start Time: 02:15:52 Town Manager Eric Heil mentioned there was a comparison made to other towns and talked about the recruitment process of a Public Works Director. Councilor Underwood asked the lines in the organization chart for General Government on Phase II to be corrected, not in the memo presented, but in the real publication. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve on Second Reading Ordinance No. 21-12 Amending Avon Municipal Code Section 2.02.010 — Departments Enumerated. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.8. WORK SESSION: IDLING (GENERAL GOVERNMENT INTERN EMILY MYLER) Video Start Time: 02:20:35 General Government Intern Emily Myler joined the meeting and highlighted the main points in her memo. Mayor Smith Hymes mentioned that the Town of Minturn and Eagle County have an idling ordinance in place. General Government Intern Emily Myler said she talked to someone in Minturn today and this person thought they are enforcing the State's ordinance, but she will do more research on that. She also said the research she did underlined the importance of preventing idling and the real impacts to the environment. Mayor Smith Hymes said that education is the first step, so people understand the impacts. She stated her opposition to delaying; she wants Council to take action now to pass an ordin)p', which is one of the goals of the new Climate Action Collaborative governing board. Town Manager Eric Heil explained this is brought as a work session so Council can decide if staff should continue to research, craft, and present an ordinance, consistent to the County and the Town of Vail. Councilor Prince asked staff to look at an idling policy for Town staff as a first step. Councilor Underwood would also like to start with a tidy internal policy, good housekeeping and sort out what rules apply to the Police and Mobility Departments. She said step two would be to educate the public and step three would be to then potentially pass an ordinance. She believes a lot of people will comply after being educated. Mayor Pro Tern Phillips, Councilor Andrade, and Councilor Hardy all agreed with Councilor Underwood. AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 26, 2021 . v o n SETUP AS A VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER COLORADO Council direction is for staff to do some research on what the County and the Town of Vail are doing, how the Town can partner with them and with Walking Mountains, clarify the Town's in- house rules, and then potentially craft an ordinance down the road. Councilor Underwood asked where in the 2022 departmental goals will this be presented. Town Manager Eric Heil said probably with the Fleet Department but he will discuss this with the Leadership Team tomorrow. 6. MINUTES 6.1. APPROVAL OF OCTOBER 12, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 02:40:27 Councilor Underwood moved to approve the minutes from the October 12th regular meeting as presented. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was away from his screen and did not vote. 7. WRITTEN REPORTS 7.1. MONTHLY FINANCIALS (SENIOR ACCOUNTANT JOEL MCCRACKEN) 7.2. QUARTERLY RETT REPORT (ACCOUNTANT KRISTIN MARTINEZ) 7.3. QUARTERLY UPDATE ON 2021 DEPARTMENT GOALS (TOWN MANAGER ERIC HEIL) 7.4. METCALF RD CULVERT UPDATE (TOWN ENGINEER JUSTIN HILDRETH) 7.5. METCALF ROAD TRANSIT SERVICE ANALYSIS (MOBILITY DIRECTOR EVA WILSON) 7.6. WILDRIDGE/WILDWOOD/MOUNTAIN STAR EMERGENCY NOTIFICATION SYSTEM PLANNING AND JUNE CREEK EMERGENCY ACCESS UPDATE (PLANNING DIRECTOR MATT PIELSTICKER AND CHIEF OF POLICE GREG DALY) 7.7. 2022 COMMUNITY GRANTS PROGRAM (MARKETING & COMMUNICATIONS MANAGER ELIZABETH WOOD) 7.8. MUD FLOW MITIGATION (TOWN ENGINEER JUSTIN HILDRETH) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:41:36 Councilor Andrade commented on the old Town Hall site and asked if the contractors are not working in that area and if they can tidy up the site as there are broken fences and dust everywhere. Mayor Pro Tern Phillips urged that the parking for the ski season is needed. Mayor Smith Hymes explained she spoke with Project Engineer Jim Horsley yesterday and he said the contractors are having trouble finding the haulers/truckers to come get the concrete and rebar to be recycled. Councilor Underwood reminded everyone about the elections and the voter services available at Avon Town Hall. She mentioned the voter's center schedule and she urged people to please vote and to vote no on Avon recalls on the back of the ballot. Councilor Hardy commented on the $0.10 paper bag fee at City Market. She said the Town may not be collecting all the fees and people may think the fee is still waived due to Covid-19. She said other communities charge more and Avon should educate the public at checkout about what the funds are used for. She said someone at the Piedmont Apartments posted a letter on social media that the Town is banning all holiday lights, this creates a bad relationship and was not the point about the bright lights affecting the neighbors. Staff contacted the Piedmont to clarify we allow holiday lights and requested that they clarify that with their residents. Mayor Smith Hymes asked for a correction letter to be send to AVON REGULAR MEETING MINUTES TUESDAY OCTOBER 26, 2021 Avon SETUP AS A VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER COLORADO all residents. Mayor Pro Tern Phillips said one of the stairwell lights is not protected properly and still very bright. She asked to post the dark sky ordinance and the holiday lights ordinance for the public and said a press release to clarify the misinformation may be helpful. Councilor Hardy then wanted to bring up housing and ADU's in Wildridge and the covenants which are not enforced for other items. She closed her comments saying that the Vail Resorts job fair had very low numbers of attendees and wondered what ski season will look like with the staff shortage. Mayor Pro Tern Phillips reported she will attend the ECO Transit board meeting next week and to let her know if there is anything she needs to bring up. She reported there was a High Five Media board meeting yesterday and they are exploring ideas to archive meetings for more than 1 year. She reported the new community producer is doing a great job. She met with the EGE Air Alliance last week and said things are looking good. She reported the Chicago and Atlanta flights this past summer were both profitable. Councilor Prince had some questions about the RETT report and asked why the number of exemptions is lower than historical and he wondered if the RETT Exemption in Mountain Star for $885K was for lot/land only. He then had a water question which Sarah will inquire about. Councilor Thuon reminded the public to not let your guard down, we are still in a pandemic. He expressed to all be vigilant and get the boosters shots. He asked if there is a slowdown in work at the 1-70 underpass. Mayor Smith Hymes reported on some takeaways from last week's CAST meeting in Park City. She said one of the presenters spoke about "over visitation" and the shift in how they do business, now focusing on local residents first and visitors second. She said there was a presentation about equity and inclusion. She said they have a full-time staff member called the "resident advocate" to assist residents as they work through applications and permits and that there was a historic preservation presentation. She mentioned she and Town Manager Eric Heil met the new General Manager of the Westin, and they also met with Mike Imhof from the Vail Valley Foundation and talked about early childhood education interest on an Avon property. Lastly, she reported she was in the ERWSD meeting and there was a discussion on the fluoridated water and climate action. Councilor Underwood thanked Mayor Smith Hymes for always giving her 4000% on energy and passion to all the work she does for the Town and asked her to clarify what site was she talking about in her comment above regarding the early childhood education proposal. Mayor Smith Hymes said it is the school site on the Avon Village at Avon across the Piedmont, potentially. She reminded the public about the budget retreat on Friday. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:16 p.m. AVON REGULAR MEETING MINUTES avon TUESDAY OCTOBER 26, 2021 SETUP AS A VIRTUAL ONLY MEETING AS TOWN HALL IS OCCUPIED AS A VOTING CENTER COLORADO 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: P,Maell--0rf4z6 Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes C (� Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy R1 Andrade