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TC Minutes 11-16-2021AVON REGULAR MEETING MINUTES Avon TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 Part One The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes delayed the start time of the meeting by 15 minutes due to technical difficulties with the server that is needed to run the hybrid Zoom meeting format. She called the Council regular meeting to order at 5:15 p.m. A roll call was taken, and Council members present in person were Amy Phillips, Scott Prince, RJ Andrade, Chico Thuon, and Lindsay Hardy. Councilor Tamra Underwood was absent. Also present were Planning Director Matt Pielsticker, 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: 00:01:29 Part One There were no changes made to the agenda. Councilor Thuon moved to approve the agenda as presented. Mayor Pro Tern Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:47 Part One For agenda item 5.2, work session on the East Harry A. Nottingham Park Improvements, Councilor Hardy disclosed that she works for Zehren and Associates. Mayor Smith Hymes said Council has voted on that before, therefore no motion to recuse Councilor Hardy is needed again tonight. 4. PUBLIC COMMENT Video Start Time: 00:02:09 Part One Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via Zoom. She also explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1. JOINT WORK SESSION WITH PZC, MARIJUANA BUSINESSES (TOWN PLANNER DAVID MCWILLIAMS) Video Start Time: 00:03:34 Part One Planning and Zoning Committee Commissioners introduced themselves, and those present in person were Anthony Sekinger, Marty Golembiewsky, and Jared Barnes. Commissioner Steven Nusbaum was present virtually via Zoom. Town Planner David McWilliams presented a PPT presentation on the marijuana business and expressed that staff is soliciting direction which can include doing nothing, conducting further research, doing public outreach and/or proceeding with potential ballot measure(s) in 2022. Commissioner Golembiewsky said that not selling marijuana would be a loss in revenue for the town, but cultivation and location/signage should be considered. Commissioner Sekinger agreed and said that a few licenses could go a long way. Commissioner Barnes pointed out that people already see AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 Av O n SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO the retail stores in Eagle -Vail as part of Avon so why not capitalize that revenue. Commissioner Nusbaum also agreed with all his fellow Commissioners' comments and supports moving forward. Councilor Thuon agreed with Commissioner Golembiewsky's comments on the revenue and signage. He talked about the cultivation and the smell and said that it needs to be regulated to be enforced. He is a proponent of doing it correctly, not rushing it. Mayor Pro Tern Phillips thanked the PZC Commissioners for their observations and said that staff needs to study the issue, consider rules and regulations and do community outreach Councilor Andrade is in favor with the retail, and he does not see signage as an issue, but his concern is the smell from cultivation. Councilor Prince said this would have been a great question to be added in the community survey. He supports community outreach. Councilor Hardy is in favor with the retail store and agreed with being thoughtful with the signage and green lights and having a few licenses. She said this should go to the ballot in 2022 and that she is in favor of moving forward. Mayor Smith Hymes expressed to absolutely cap it and suggested having only a couple of licenses, to study, do community outreach, not only to the public but also to businesses to get their input, and potentially go on the ballot in 2022. She said her concern is any sort of cultivation issue in terms of the water resources/treatment. Town Manager Eric Heil said more information will be presented after doing community outreach. He expressed cultivation is not workable for Avon. Mayor Smith Hymes called for public comments and no public comments were made. 5.2. WORK SESSION: EAST HARRY A. NOTTINGHAM PARK IMPROVEMENTS (PLANNING DIRECTOR MATT PIELSTICKER AND PEDRO CAMPOS, ZEHREN AND ASSOCIATES) Video Start Time: 00:32:30 Part One Councilor Hardy was recused and left the room at 5:48 p.m. Planning Director Matt Pielsticker presented. He was joined by Pedro Campos and Tim Losa from Zehren and Associates, who presented the design and graphics for the restrooms and concessions area. Mayor Pro Tern Phillips asked about existing trees, the garden, electrical boxes, ramp, and the grading. She supports the concessions stand. AVON REGULAR MEETING MINUTES Avon TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Prince said he is generally not in favor of the concessions, that it seems to work just fine as it is now, and that it is not too big of an issue if it is well managed, and it would be okay to set up the bones. He said he would probably leave it out and preserve the character of the park without the commercial nature. Councilor Andrade said he is in favor of the concession storage but not concession vending, and he also commented on the mural. Councilor Thuon is in favor, and he proposed Pedro Campos to give Council other ideas such as a cafeteria plan. Pedro Campos said this area would be multiuse, not only serve as concessions but also, for example, as a check-in/registration area for tournaments, etc. Councilor Thuon reminded to keep in mind to utilize the hot water that is available just across the street via the Heat Recovery System. Mayor Smith Hymes said she wants to keep the overhangs for architectural visuals and to provide shade and she also commented on the pathways. Councilor Prince strongly supports having a larger overhang than the current one by the concessions area. Mayor Smith Hymes called for public comments and no public comments were made. Town Manager Eric Heil recapped: 3 Councilors favored adding concessions, 1 was not opinionated, and 1 was opposed, therefore, moving forward with the concessions, and to increase the overhang. Councilor Prince asked him to reach out to Councilor Underwood to get her opinion. Councilor Hardy returned to the room at 6:31 p.m. 5.3. WORK SESSION: WILDRIDGE OFF HIGHWAY VEHICLE (OHV) ORDINANCE FOLLOW UP (CHIEF OF POLICE GREG DALY) Video Start Time: 01:15:04 Part One Chief Daly presented and recapped his memo on OHV use on public roads in Wildridge this summer since the ordinance was passed in June 2021. He then opened it up to Council questions. Councilor Andrade asked if any injuries were reported. Chief Daly said no accidents were reported. Mayor Smith Hymes called for public comments and several comments were made. Comments made in -person: -Charlie Sherwood commented about covenants, definitions and who enforces those. He also talked about parking. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO -Craig Lathram commented that he supports OHV and said it is working pretty well but expressed the 15MPH speed limit is an issue. He said he got passed by an e-biker up the hill which does not help with safety. -Dave Dantas commented he supports OHV and said it is working well. He agreed with comments about speed limit and parking. He thanked Council for looking at it. -Rick Smith commented that the Chief's report is spot on and said there is no increase in traffic and the ordinance is working, but said his only concern is the 15MPH speed limit. -Charley Viola complimented Council and commented that he supports OHV. He said it is a huge improvement to keep peace in the neighborhood. He said OHV users are making others aware of the privilege of riding from your house and to behave and be nice to your neighbors. He said it is working and people are slowing down and it has been a great change in the rules. -Patricia Plavec agreed with the support. She said people are not speeding, but people may assume they are as the vehicles tend to be loud. She said not a lot has changed but people are aware and keeping each other responsible to keep the privilege. -Sean Reynolds commented that he echoes all the comments and said everyone cares and goes slow to keep this going and said the Town did the right thing with this ordinance. Comments made via Zoom: -Peter Warren commented about road violence. He voiced concerns about traffic safety in general including but not limited to OHV. He said he has witnessed violations and heard others witness violations. He invited Council to come to his house and observe the speeding from his house. He expressed how he wants to see results and that we can do better. Mayor Smith Hymes said that she does not sense that there is a consensus from Council to change/reverse the ordinance. Councilor Prince expressed how he and his wife have noticed a shift in complying with speed limits, except for an occasional violator. He said passing the ordinance worked and most people are not speeding up or down as they know they can do it legally. He supports leaving the ordinance as it is and raising the 15 MPH limit to keep up with the speed limit for other vehicles for the benefits of public safety. Mayor Pro Tern Phillips asked Chief Daly to look into the speed limit to be more consistent with other vehicles. She said there are other areas in town where the speed limit is an issue, such as on Hurd Lane and Eaglebend Drive. Councilor Thuon believes keeping the speed limits consistent at 25MPH makes sense. Council consensus was that this ordinance was passed for public safety and staff should assess the best speed limit for safety. Mayor Smith Hymes said that staff and Chief Daly can decide if the speed limit needs to be brought back to Council. AVON REGULAR MEETING MINUTES Avo n TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO 5.4. WORK SESSION: METCALF FOREST SERVICE ROAD (FSR) #779 HEAVY MAINTENANCE SUPPORT GRANT (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:49:24 Part One Planning Director Matt Pielsticker presented the grant application and explained that the draft grant application is included in the Council packet. He thanked General Government Intern Emily Myler for putting this all together. He said the proposed maintenance would be maintenance to preserve the status quo as a level 2 road. Councilor Thuon said two of the largest diminishing sports are hunting and fishing and that it is very important to keep some of the roads open, and this is one access point. He said keeping it open on level 2 would be perfect. Councilor Hardy and Councilor Prince also expressed that they support the grant and agreed on keeping it on level 2. Mayor Smith Hymes expressed how she supports the grant but hopes the trail coalition can address the road/social trails that have developed over time. She asked that the grant be rewritten to specify that access to public lands is for everyone, not just Wildridge residents. She hopes Council will entertain a few parking spaces at the trailhead for a few cars. Mayor Pro Tern Phillips and Councilor Prince agreed to rewrite the grant to be inclusive. Mayor Smith Hymes called for public comments and several comments were made. Comments made in -person: -Charlie Sherwood commented and asked Council to proceed and do the work now in order to get the money soon. He said the road as it looks on level 2 is going to be maintainable and that the users are already doing tree cutting down, so it is not going to be expensive. -Rick Smith commented that this is a gold standard on how government can work with local non -profits together and wishes the Federal government would take a look at how this was done. Comments made via Zoom: -Jack Gardner commented that Council needs to consider the information from the community survey conducted in 2020 about support for motorized use on Road 779 and address these issues in the grant application. He said that the budget seems suspect and questioned if the County is really going to contribute $10,000. -Pam Warren commented and encouraged the Wildridge Trail Coalition to apply through the Town's grant application and asked what message would the Town send to other non -profits if it allows one group to receive funding that circumvents the established process. She recommended to just follow the process. More in -person comments followed: -Craig Lathram commented that the road helps with safety concerns as the road is also a way to get down and that the 43% references in the community survey is the total of "no opinion or do not support" looped together as one answer so the question was not specific. He expressed AVON REGULAR MEETING MINUTES Avon TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO this road also supports mountain bikers, hikers, and other recreation users. -Dave Dantas commented that the Town has supported keeping this trail open since 2011 or so. He talked about the "dead zone" and this grant helps get the road maintenance needed to keep it open for fire mitigation access. -Charley Viola commented and expressed how this grant will help to not only keep this road open but also help with safety and maintenance. He said the bid is a well vetted number as the contractor has done a lot of work for the USFS. Councilor Thuon expressed that as a family this is a surreal place. Councilor Prince moved to approve the Colorado Parks and Wildlife CHV Grant application and budget. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 5.5. PUBLIC HEARING: PROPOSED 2022 BUDGET (TOWN MANAGER ERIC HEIL) Video Start Time: 00:00:01 Part Two Town Manager Eric Heil presented this item and the two budget items for follow up, first the public works facility planning and second the four snowplow purchase options. Councilor Hardy asked if there are any green options, Town Manager Eric Heil said he has not seen any green technology on these large pieces of equipment yet. She also asked if any money can be recovered from selling or scrapping the old oneswhich he responded yes to, and he said it is part of the balancing that they get sold before they get too old to get a better price. Mayor Smith Hymes supported option 3 (lease -purchase financing). Councilor Hardy supported option 1 (cash outright) and said to not spend money we do not have. Councilor Andrade also supported option 1 and said to go the safe way. Councilor Prince said he is an advocate for future Councilors and requested staff to always present multiple options and all sides in order to take a decision. Mayor Smith Hymes called for public comments and no public comments were made. Council consensus was to go for option 1 and Council can always revert to option 3 if interest rates are attractive or the future economic climate is different. 5.7. RESOLUTION NO. 21-23 APPROVING TAX AND FEE WAIVERS FOR COMMUNITY HOUSING DEVELOPMENT ON TRACT Y (TOWN MANAGER ERIC HEIL) Video Start Time: 00:23:22 Part Two Mayor Smith Hymes switched the order for items 5.6 and 5.7 to give the opportunity to the public present to comment. Town Manager Eric Heil introduced the topic and explained Resolution 21-23 would approve a waiver of taxes and fees for the development of Community Housing on Tract Y. He was joined by the three developers with the Legacy Mountain Development group, who presented graphics AVON REGULAR MEETING MINUTES avon TUESDAY NOVEMBER 16, 2021 SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO and explained the deed restriction waivers. Councilor Thuon asked if the owner does or does not have to live in Eagle County and he said his concern is that there is no cap for rental. Councilor Hardy said she is in favor but expressed her concern about outsiders taking advantage of what insiders need. Town Manager Eric Heil said the language for the Eagle County Employee in the agreement was already discussed when the Mi Casa program was discussed, to read "OR a person who works for an employer outside Eagle County if that person can demonstrate that the Home is the Primary Residence for that person." Councilor Hardy said that that is exactly her concern. Mayor Smith Hymes said the Town is not looking only for housing, but for affordable options. Councilor Prince said the Mi Casa program helps the very first buyers and not repeated buyers. He said the Town needs to think in different options such a down payment assistance, second mortgage, or similar programs. After a lengthy Council discussion including whether Mi Casa Avon is the right program on this project that is already deed restricted, Council asked for more time to think this over, consult with the Town of Vail and Eagle County to inquire about their investment in this project and consult with Councilor Underwood who could not be here this evening. Mayor Smith Hymes said the intention is to move forward but Council needs to agree with all the details to do it right. Mayor Pro Tern Phillips moved to continue Resolution 21-23 Waiving Real Estate Transfer Tax, Sales Tax, Development Code Fees, and Building Permit Fees for the Development of Community Housing on 382 Metcalf Road to the December 14th meeting. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 5.6. WORK SESSION: UPDATE AND REVIEW OF CAPITAL IMPROVEMENTS PROJECTS (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:19:30 Part Two Town Engineer Justin Hildreth provided an update on CIP projects including the Recreation Center pools, jacuzzi and lockers, the Harry A. Nottingham West Landscape Improvements Project, the courts resurfacing project, the North restrooms, the old Town Hall, the street improvements including the 1-70 underpass, and the digital messaging signs. Councilor Prince asked why the pool deck and the drain replacement were not under the radar at the time the pool was closed in October. Town Engineer Justin Hildreth explained it is a very complex project and an architect was still not on board in the project and needed to present all details to Council first as it is an expensive project. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 Avon SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO Councilor Thuon thanked Town Engineer Justin Hildreth for filling in the manhole cover on Metcalf Road today. 6. MINUTES 6.1. APPROVAL OF NOVEMBER 9, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 01:33:25 Part Two Councilor Thuon moved to approve the minutes from the November 9th regular meeting as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Underwood was absent. 7. WRITTEN REPORTS 7.1. Draft October 21" Culture, Arts & Special Events Committee Meeting Minutes (General Government Intern Emily Myler) 7.2. Upper Eagle Regional Water Authority October 28, 2021 Meeting Summary (Mayor Smith Hymes) 7.3. Update on Inntopia Systems Service Agreement (CASE Manager Danita Dempsey) 7.4. Lot B Hotel Development Plan Expiration (Planning Director Matt Pielsticker) 7.5. Monthly Financials (Senior Accountant Joel McCracken) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:33:44 Part Two Councilor Hardy expressed the bridge between Liftview and Sunridge has a lot of ice damming and is very unsafe, she said there were cars splashing pedestrians and that the mini culvert was clogged with leaves, and she would like Council to address this on a future agenda as it is very trafficked, and it is a hazard. She said the architects working on the Swift Gulch planning process are doing great job and expressed it is very exciting to see the potential. She mentioned that the Town Manager Eric Heil is doing also a great Job facilitating and navigating the process. Mayor Pro Tern Phillips commented that the light fixtures on the Stone Bridge Road bridge are all burned out. Town Manager Eric Heil confirmed they got vandalized years ago and they have not been fixed yet. Councilor Andrade said he has had residents complaining on the size of the print on the digital signs, saying they do not feel safe trying to read the sign while driving. He suggested to keep the messages within two lines. Councilor Hardy agreed and said she has mentioned before to lower the brightness at night. Councilor Thuon said to pray for snow as Beaver Creek is opening November 24th. He announced that free vaccines and boosters are available in front of the Sun & Ski store, and they are accepting walk-ins for sure on Saturdays, and people can also get the flu shot the same day. Mayor Smith Hymes commented that Lt. Governor Dianne Primavera came out to Avon today to talk about Mental Health in Eagle County. She said she met with Chief Daly before the meeting and expressed that the list of things that Avon PD, under the leadership of Chief Daly does to assist with behavioral health in our community is very remarkable, and that our Town is taking the lead and we are so fortunate AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 16, 2021 Avon SETUP AS A HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO to have our Avon Police Department. She learned that there is a lot of grant money available as this is a huge issue. She closed her comments complimenting Chief Daly. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:25 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.hiahfivemedia.ora. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes �/il'VG✓1\/ VK2-7 Amy Phillips Chico Thuon Scott Prince Lindsay Hardy RJ Andrade