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TC Minutes 02-28-2023AVON REGULAR MEETING MINUTES Avon TUESDAY FEBRUARY 28, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:32 The meeting was hosted in a Hybrid format, in -person at Avon Town Hall and using Zoom.us. Mayor Amy Phillips called the February 28, 2023 Council regular meeting to order at 5:00 p.m. A roll call was taken and present were Councilors Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tern Tamra Underwood. Also present in person were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Planning Director Matt Pielsticker, Town Engineer Justin Hildreth, Finance Director Scott Wright, Recreation Director Michael Labagh, Senior Planner Jena Skinner, Cultural Arts and Special Events Manager Danita Dempsey, and Human Resources Manager Karyne Spadi. 2. APPROVAL OF AGENDA Video Start Time: 00:00:58 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Carroll requested that Written Report 7.1 be pulled from the Agenda for discussion after Item 5.11 of the Agenda, as new Agenda Item 5.12. With no additional changes discussed, Mayor Pro Tern Underwood presented a motion to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved with a 7-0 unanimous vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:40 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:02:00 Public comment can be made by participating in the meeting in person, via zoom's video/audio, via telephone, or via email. This public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. Mayor Phillips asked if there was any public comment from those present in the room or on Zoom, and there were none. She then reminded participants that public comment may also be given on each Business Item of the Agenda. 5. BUSINESS ITEMS 5.1.Appointment of Taggart Howard as Municipal Prosecutor (Town Manager Eric Heil) Video Start Time: 00:02:52 Town Manager Eric Heil introduced Mr. Taggart Howard, Esq. who gave a brief synopsis of his credentials and professional trajectory. No public comment was made. Councilor Andrade presented a motion to approve his appointment as Municipal Prosecutor. Councilor Hardy seconded the motion. It was approved with a 7-0 unanimous vote. 5.2. Public Hearing: Second Reading Ordinance 23-01 Amending Landscape Regulations (Senior Planner Jena Skinner Video Start Time: 00:05:20 1 AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 28, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM c o L o R A D. o Senior Planner Jena Skinner delivered her presentation related to the Second Reading of Ordinance 23-01 Amending Landscape Regulations. Mayor Pro Tem Underwood thanked her for improving the chokecherry language. She asked if Eagle River Water and Sanitation District input was included, which Skinner responded in the affirmative. She then asked which reference guide the Town will be selecting, Plant Select or Colorado Native Plant Society. Skinner explained this reference will be included in the Town's guide but not in the Ordinance itself. Skinner added that it will be Colorado Native Plant Society because it has specific content for these mountains. Councilor Thuon asked if there has been any public input and Skinner answered not much, other than some positive responses. Councilor Thuon added he is surprised that no negative feedback was received, and Mayor Pro Tem explained it is likely because this Ordinance only applies to new construction. No public comments were made during the public hearing. Mayor Pro Tem Underwood presented a motion to approve Ordinance 23-01. Councilor Hardy seconded the motion. It was approved with a 7-0 unanimous vote. 5.3. Resolution 23-01 Approving 2023 Special Events for Administrative Approval (CASE Manager Danita Dempsey Video Start Time: 00:18:58 Cultural Arts and Special Events Manager Danita Dempsey delivered her presentation related to the approval of Resolution 23-01. Councilor Hardy asked how often noise complaints come from special events. Dempsey said not often, and she can only think of maybe two. Town Manager Heil stated he can only think of one, a resident of Nottingham lake who complains of noise often over the course of the summer. Councilor Andrade asked logistical questions related to retaining special events approval in the hands of Council instead of relinquishing it to administrative approval. He added he prefers to give approval separately to each individual event, to allow for the public to be aware and voice their opinions on special events. Heil explained that individual approvals would be labor intensive. Councilor Andrade said he is sometimes bothered by sound from special events. Councilor Hardy said she is not. Mayor Pro Tem Underwood said she understands Councilor Andrade's point of view. She then said these approvals are for recurring special events. Mayor Phillips asked if decibel readings have been taken at these events. Heil responded that a decibel reader has now been purchased but not yet used at these events. Heil added that based on the number of residents that surround the space for these special events, complaints have not been an issue. There were further deliberations related to damage deposits for special events, past and projected attendance numbers, costs, profits, impacts to the neighborhood, in -kind services, economic impact measurement, and use of intercept surveys and neighborhood surveys. Councilor Carroll suggested there be a local's discount for tickets to promote their attendance. Councilor Stanley added that these recurring special events are what the town has been working toward and waiting for. She added it is a great opportunity even though she understands the concerns raised. She asked what attendance and complaints the Winter Wonder Grass festival brought. Dempsey said attendance was approximately 4,200 for the largest day (Saturday), and complaints were related to snowfall in early in September that inconvenienced attendants. 2 AVON REGULAR MEETING MINUTES Avon TUESDAY FEBRUARY 28, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Stanley asked if there is a possibility that tickets won't sell out, and Dempsey responded that it is highly unlikely based on the talent involved in these productions. Councilor Stanley expressed her support. Councilor Andrade added to his concern that the Town is not thinking things through. Councilor Hardy expressed support and excitement for the public's and talent's interest in this Town. Councilor Thuon voiced his support and suggested doing it for not one or the other but for a couple of weekends in a row. Mayor Phillips said all these events can be executed well and echoed support for Councilor Carroll's request that there be a discounted ticket price for locals, because events this big in the park intrude on locals. She added that she thinks two nights in a row of concerts would really help the economy and occupancy of hotels stating this will bring a big boom. No public comments were made. Councilor Carroll presented a motion to approve Resolution 23- 01. Councilor Hardy seconded the motion. It was approved with a 6-1 vote, with Councilor Andrade voting nay. 5.4. Resolution 23-02 Supporting the grant application for the completion of the Eaglebend Pocket Park (Deputy Town Manager Patty McKenny) Video Start Time: 00:56:50 Deputy Town Manager McKenny delivered her presentation related to Resolution 23-02. Additional discussion ensued related to adjusting figures in the Resolution. McKenny explained if Council is supportive of the Resolution, they may consider including an amendment to it with two changes: to increase GOCO Funding Level at $375,000 (an increase of $50,000) and increase Town Contributions to $175,000 cash and $45,000 in -kind contributions (an increase of $25,000), based on the encouragement of the GOCO rep. Town Manager Heil added it represents a focused strategy to become more aggressive at applying for grants. He explained there is a need to redo this park, with or without a grant, stating both McKenny and Recreation Director Michael Labagh made a competitive application. He ended his remarks explaining that the increase in numbers originates from the concern of the GOCO rep to ensure that if the grant is awarded, the project will be completed and have a successful outcome. Councilor Stanley thanked them for their work, as did Councilor Andrade who expressed agreement on this topic. Mayor Pro Tem Underwood referred staff to page 114 and a picture of daffodils and a town sign, saying the picture is of the railroad corridor and not the park expansion and needs a correction. Councilor Thuon stated the numbers looked lean and he supported the increase in funding for this project and thanked McKenny for her work. No public comments were made. Councilor Stanley presented a motion to approve this Resolution, as amended. Mayor Pro Tem Underwood seconded the motion. It was approved with a 7-0 unanimous vote. 5.5. Update to January Appointments to Boards and Commissions (General Government Manager Ineke de Jong and Town Manager Eric Heil) Video Start Time: 01:08:30 General Government Manager Ineke de Jong delivered her presentation and guided Council through 3 AVON REGULAR MEETING MINUTES Avon TUESDAY FEBRUARY 28, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO requested updates to the January Appointments to Avon's Boards and Commissions. Among the updates discussed, Mayor Pro Tern Underwood proposed that Mayor Phillips be the primary member of CAST. For Health and Rec, there was no alternate who volunteered and Councilor Andrade remained primary in this position without an alternate. Forthe 1-70 Coalition, Public Works Director Eva Wilson was designated primary and Town Manager Eric Heil her alternate. For NWCCOG, Councilor Thuon replaced Mayor Pro Tern Underwood as primary and Senior Planner Jenna Skinner his alternate. For UERWA, Heil was designated first alternate, and Councilor Carroll was designated second alternate. For the EGE Air Alliance, Mayor Phillips became primary and Councilor Carroll her alternate. No public comments were made. Mayor Pro Tern Underwood presented a motion to approve these updated appointments. Councilor Hardy seconded the motion. It was approved with a 7-0 unanimous vote. 5.6.Approval of 2022 Audit Engagement Letter with McMahan and Associates, L.L.C., Certified Public Accountants (Finance Director Scott Wright) Video Start Time: 01:25:25 Finance Director Scott Wright delivered his presentation. There was no discussion among Councilors nor public comment. Councilor Andrade presented a motion to approve the engagement. Councilor Thuon seconded the motion. It was approved with a 7-0 unanimous vote. 5.7. Discussion on Council Support for Colorado Bureau of Land Management Sign -On Letter (General Government Manager Ineke de Jong) Video Start Time: 01:28:00 Town Manager Eric Heil delivered an introduction to the discussion. Councilor Carroll said he has concerns and lacks understanding to support the letter he is being asked to vote on and would like more information. Councilor Andrade expressed the same concern, as did Councilors Thuon and Stanley. Heil suggested this discussion be continued to invite BLM to answer Council questions. 5.8. Work Session: Capital Improvement Plan (Town Engineer Justin Hildreth) Video Start Time: 01:39:00 Town Engineer Justin Hildreth delivered his presentation. After deliberations, Town Manager Heil stated the list included in the CIP presentation has many unknowns on figures because estimates will vary greatly. He added all items won't fit in the budget so more discussions will be needed on the long-term vision of the Town's expenditure. He encouraged Council to study this topic ahead of the June retreat that will focus on long term planning, adding there are challenges for understanding the needs of the coming decade and how they get financed. Mayor Phillips asked if Council wants to edit the list. Mayor Pro Tern Underwood stated her preference is for the list to conform with the priorities list, with community housing at the top instead of the bottom. Councilor Andrade raised questions related to the roundabout's funding. Councilor Carroll raised questions related to the lake liner's 20-year replacement schedule and added that he would like the Finance Committee to get involved in it all. Heil detailed that Hildreth has worked carefully to create an inventory of Town infrastructure and a replacement schedule for it. Councilor Carroll asked questions related to how the Town obtains bids and estimates, and Heil suggested this topic be included in a work session. 4 AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 28, 2023 &Av O" HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tern Underwood asked questions related to the CIP presentation. Councilor Thuon wondered at which point it makes sense for the Town to invest in its own paving equipment. He added he has placed sets of plans for the park bathrooms in the hands of some contractors and he thinks something positive may come from that. No public comment was made which concluded deliberations. 5.9. Large Ticketed Event Opportunity (CASE Manager Danita Dempsey and Town Manager Eric Heil) Video Start Time: 02:15:05 Councilor Hardy asked Mayor Phillips to remind the public that ample discussion on special events was had during deliberations for Item 5.3. related to Resolution 23-01. Thereafter, Councilor Stanley presented a motion in support of this opportunity. Councilor Hardy seconded the motion. It was approved with a 6-1 vote, with Councilor Andrade voting nay because the promoter for the event was not present to discuss it. 5.10. Waiver Conflict of Interest Employment with the Town (Town Manager Eric Heil) Video Start Time: 02:17:51 Town Manager Eric Heil delivered his presentation on the topic. Councilor Andrade expressed concern on the waiver and added it sets bad precedent. Councilor Stanley asked if former Mayor Sarah Smith Hymes reached out to the Town, and Heil explained on the contrary, he did because of her knowledge and experience which are valuable to the Town. A recess took place at 7:23 p.m. due to technical difficulties and the internet being down, disallowing broadcast and public comment. Broadcast issues resolved at 7:38 p.m. (Video Start Time 2:22:45) at which time Council reconvened. Zoom did not work at this time, precluding additional public comment by Zoom. Councilor Hardy asked if former Mayor Smith Hymes wanted to work alongside Sustainability Coordinator Charlotte Lin. Heil answered in the affirmative and added both would be direct reports to General Government Manager Ineke de Jong. She then stated she understands the views of Councilor Andrade but is torn in her decision because 6 months aren't a long wait. She also added there's not a lot of financial gain for the former Mayor and the work -load is important. Mayor Pro Tern Underwood asked the Town Attorney to read the provisions related to Councilor conflicts of interest. She then added she doesn't think this sets bad precedent. Councilor Carroll agreed with Tamra that in this instance, it doesn't set a bad precedent because it's good for the Town and waiting 3 more months to hire her doesn't make sense. Mayor Phillips added the reason for this exception is because it is mutually beneficial as opposed to different situations in the past where the only benefit was for a former councilor and not the Town, so she expressed support for the waiver. Councilor Thuon also expressed his support. Councilor Thuon presented a motion in support of this waiver. Councilor Carroll seconded the motion. It was approved with a 6-1 vote, with Councilor Andrade voting nay. 5.11. Public Finance Authority Release - Eaglebend Dowd Affordable Housing Corporation (Town Attorney Karl Hanlon) Video Start Time: 02:31:40 5 AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 28, 2023 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Town Attorney Karl Hanlon delivered his presentation to Council and recommended they approve the release. Mayor Pro Tern Underwood reminded Councilors that the Town was the sponsor of the initial bonds for Eaglebend Dowd to do business as Kayak Crossing, which is why it has a role in this process given that the sponsor has to approve the refinancing. She then asked that the motion specify it refers to Eaglebend Dowd. With no public comment, Councilor Thuon presented a motion to approve the release. Mayor Pro Tern Underwood seconded the motion. It was approved with a 7-0 unanimous vote. 5.12 Monthly Financials (Senior Accountant Dean Stockdale) [Formerly Written Report 7.1.] Video Start Time: 02:34:33 Councilor Carroll noted the accommodations tax included in the financials for 2022 is down. He asked if 2021 was anomaly. Town Manager Eric Heil expressed what 2021 saw a huge return to traveling so accommodations were busting at the seams. He added revenue for businesses was better than ever, but brought more anxiety than ever and overwhelmed some. He explained that this demand has tapered off or disbursed to other locations so the accommodations tax reduction is to be expected. Councilor Andrade added that international travel opened up around the world which has also caused this reduction. Councilor Andrade noted the one consistent increase is in the cigarette tax. Heil noted the increase in Avon residents may be the cause. 6. MINUTES Approval of February 14, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 02:58:55 pm With no discussion or correction, Councilor Thuon moved to approve the Minutes from the February 14, 2023, as presented. Mayor Pro Tem Underwood seconded the motion. Itwas approved with a 7-0 unanimous vote. 7. WRITTEN REPORTS 7.2. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 7.3. Bi-monthly Sustainability Updates (Sustainability Coordinator Charlotte Lin) 7.4. Update about Grant Funding Opportunities (Deputy Town Manager Patty McKenny) * * Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:40:40 Councilor Thuon raised a question related to the HR process to qualify to drive a Town vehicle. He then expressed concern that Eagle is per -capita the leading County for teen suicide. He wondered if there is a way to figure it out and added he was troubled because a friend of his children said they planned to kill themselves. He invited the public to call 988, the suicide prevention hotline, if they feel the need to. Councilor Carroll thanked Public Works Director Eva Wilson, her staff and the contractors involved in the ongoing road work on Metcalf Road because they are putting up road work signs when they are there in the day and putting them away at night so that you can't see them. 6 AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 28, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tern Underwood spoke of the UERWA meeting she attended where the Colorado River District made a presentation on the Colorado River, also known as the big river, and offered to share that outstanding presentation and materials to her fellow Councilors. She then asked her fellow Councilors to think about whether their Town -provided iPads work well for them to use in fulfillment of their duties. She acknowledged iPads can make it hard to navigate materials and added that if anyone wants to trade their iPad for a laptop, they can do so by reaching out to the Town Manger's office. Mayor Phillips stated that the Mayor -Manager meeting on February 17th was positive and brought an interesting discussion about what different Towns are doing about diversity, equity and inclusion. She then added the Town of Vail, Eagle County and Avon are working together to quantify housing stock in construction -phase to get an understanding of all projects and the countywide housing deficit. She then added there are ongoing conversations around mitigating Glenwood Canyon road -closures. Town Attorney Hanlon added that C-DOT will loosen criteria used in preemptive shutdowns related to possible flooding this spring and summer which should lessen closures. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:06 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.highfivemedio.org. APPROVED: C, W�) Mayor Amy Phillips Tamra Underwood Chico Thuon Scott Prince Lindsay Hardy RJ Andrade Ruth Stanley Rich Carroll 7 FULLY SUBMITTED: Miguel JauregLVCfisanueva, Town Clerk