TC Minutes 06-13-2023AVON REGULAR MEETING MINUTES A
TUESDAYJUNE 13, 2023 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:08:32
The meeting was hosted in a Hybrid format, in person at Avon Town Hall and virtually through
Zoom.us. Mayor Amy Phillips called the June 13, 2023 Council regular meeting to order at 5:09 p.m.
A roll call was taken, and present were Councilors Chico Thuon, RJ Andrade, Lindsay Hardy, Ruth
Stanley, and Mayor Pro Tern Underwood and Mayor Phillips. Councilor Rich Carroll was absent at
roll call and joined the meeting at 5:20 p.m. Also present were Town Manager Eric Heil, Deputy
Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke
de Jong, Deputy Town Clerk Brenda Torres, Chief of Police Greg Daly, Public Works Director Eva
Wilson, and Senior Planner Jena Skinner.
2. APPROVAL OF AGENDA
Video Start Time: 00:09:02
Mayor Phillips initiated the meeting with the Agenda approval process. Without deliberations or
changes, Mayor Pro Tern Underwood moved to approve the Agenda presented. Councilor Andrade
seconded the motion. It was approved with a 6-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:10:28
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:10:43
Mayor Phillips explained that public comment can be made by participating in the meeting in
person, online via Zoom, by telephone, or by email. She then clarified that the public comment
section is intended for items not listed in the Agenda, and participation by members of the public
is limited to 3 minutes. She asked if there was any public comment from those present in the room
or virtually through Zoom and none was made.
S. BUSINESS ITEMS
5.1. PRESENTATION: ANNUAL POLICE REPORT AND ANNUAL POLICE AWARDS (CHIEF OF POLICE
GREG DALY)
Video Start Time: 00:11:25
Avon Police Chief Greg Daly delivered his presentation related to the Annual Police Report
and Awards. He mentioned the Awards recognize staff and community members who have
made exceptional and valiant contributions to the Town of Avon and the Report includes a
brief department overview, statistics, highlights, and staffing changes. Council thanked him
for the presentation and expressed gratitude to the members of the Avon Police
Department.
AVON REGULAR MEETING MINUTES A
TUESDAY JUNE 13, 2023 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
Councilor Carroll joined the meeting in person at 5:20 p.m.
5.2. PRESENTATION: FACIAL RECOGNITION ACCOUNTABILITY REPORT (CHIEF OF POLICE GREG
DALY)
Video Start Time: 00:55:59
Avon Police Chief Greg Daly delivered his Facial Recognition Accountability Report. He gave
an update of the status of legislative requirements which included initial notice of intent,
three public meetings, and public comment on Avon's website. He noted this is the last step
in the process and there was extensive digital advertising in English and Spanish and he
received few negative comments and mostly positive feedback during outreach efforts.
Mayor Phillips asked for public comment and there was no public comment made in person
nor on Zoom.
Mayor Pro Tern Underwood presented a motion to approve Avon Police Department's use
of facial recognition/facial identification services, as a crime solving tool, in the
understanding that the Avon Police Department will ensure legal use, adherence to policy
and proper training, including production of a biannual accountability report, as required
by law. Councilor Hardy seconded that motion. It was approved with a 7-0 unanimous vote.
5.3. FIRST READING ORDINANCE 23-02: REFERRING THE ESTABLISHMENT OF A DOWNTOWN
DEVELOPMENT AUTHORITY TO A SPECIAL ELECTION AND AMENDING THE AVON
MUNICIPAL CODE TO ADOPT TITLE 4 — AVON DOWNTOWN DEVELOPMENT AUTHORITY
(TOWN MANAGER ERIC HEIL)
Video Start Time: 01:04:35
Town Manager Eric Heil delivered a presentation on the formation of a Downtown
Development Authority (DDA) and provided its general overview and financial
considerations. Town Attorney Karl Hanlon explained the composition of eligible electors,
which includes registered voters, property owners, and business lessees within the
proposed DDA boundary. He clarified that if one person owns multiple properties within
the boundary, that person may only cast one vote. He explained the Fair Campaign Act to
Councilors.
Mayor Phillips asked for public comment and Doug Jimenez, a resident of Avon, took the
podium to express support for the DDA. He stated he is a commercial property manager
and is excited about the 50% allocation to workforce housing and potential future parking
structure. No other public comment was made in person nor on Zoom.
Kristin Kenney Williams, DDA Consultant for the Town of Avon was present and took the
podium to update Councilors on her community outreach strategies and efforts. She noted
the top two matters that have come up in outreach are understanding voter eligibility and
support for the DDA's primary purpose to build Community Housing.
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HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
Ms. Williams invited those eligible among the public to respond to the Avon Employer
Workforce Housing Questionnaire online at avon.org and mentioned the results will be
included in the DDA Plan. Town Manager Eric Heil noted the deadline to participate in the
questionnaire will be mid -July to present the results in the July 251h Council Meeting.
Deliberations included Mayor Pro Tem Underwood's request for an amendment of the DDA
Plan, in section 6.1, to read: "at least" 50% of the funding of the DDA revenues over the life
of the DDA shall be allocated to support the development of new Community Housing.
With no further discussion, Councilor Carroll presented a motion to approve the first
reading of Ordinance No. 23-02. Councilor Stanley seconded the motion. It was approved
with a 7-0 unanimous vote.
5.4. PUBLIC HEARING: LOT 3, MOUNTAIN VISTA RESORT CONSIDERATION OF MAJOR
DEVELOPMENT PLAN AND DEVELOPMENT BONUS (SENIOR PLANNER JENA SKINNER)
Video Start Time: 02:09:34
Senior Planner Jena Skinner delivered a presentation related to the Lot 3 Development
Bonus for Mountain Vista Resort. She was joined by Stonebridge Development Director
Mark Lionberger and Project Architect Benton Grismer who spoke of the project's design,
goals, and challenges in greater detail. Public Works Director Eva Wilson spoke of the
development's traffic impact on surrounding areas.
Deliberations included a compliment on the development plan's design by Councilor Hardy.
Councilors Stanley, Andrade and Thuon, and Mayor Pro Tern Underwood raised concerns
about the parking plan and valet operations, which the Town Manager addressed. Councilor
Carroll inquired on lighting and "nuisance" lighting. Mayor Phillips inquired on ADA
compliance of the pedestrian path.
As part of the public hearing, Mayor Phillips asked for public comment and Robert Tartre,
president of the Lodge at Avon homeowners association, took the podium in support of the
development, highlighting his interest in ensuring that ingress and egress for Lodge at Avon
is carefully preserved. No other public comment was made in person nor on Zoom.
Mayor Pro Tern Underwood expressed her discomfort in approving the development plan
as proposed and disclosed a list of items and conditions for staff review and amendment of
development materials before coming back to Council. She then made a motion to continue
this Public Hearing to the Council Meeting dated June 27th, 2023. Councilor Thuon seconded
the motion. It was approved with a 7-0 unanimous vote.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 13, 2023 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
5.5. WORK SESSION: CONSTRUCTION MATERIALS USE TAX & MARIJUANA TAX (TOWN
MANAGER ERIC HEIL)
Video Start Time: 03:55:29
Town Manager Eric Heil requested that Councilors delay deliberations around this business
item until after they review Business Item 5.6. and then come back to 5.5, as he needed to
step away from the room for a moment.
5.6. FINDINGS OF FACT AND RECORD OF DECISION SUB23001 HIDDEN VALLEY ESTATES
COMMUNITY HOUSING PROJECT (SENIOR PLANNER JENA SKINNER)
Video Start Time: 03:55:43
Senior Planner Jena Skinner delivered her presentation on findings of fact and record.
Mayor Pro Tern Underwood clarified that Council is not amending the terms of the
Development Agreement and simply finalizing it. She then made a motion to approve the
findings of fact and record of decision SUB23001 Hidden Valley Estates Community Housing
Project. Councilor Carroll seconded the motion. It was approved with a 5-0 of those present,
with Councilors Hardy and Stanley stepping out of the Council Meeting prior to the vote.
Councilors Thuon, Hardy and Stanley stepped out of the Council Meeting for a break during
Business Item 5.6. Mayor Phillips declared a five-minute recess. After the 5-minute recess, at
approximately 9 p.m., Council reconvened with all 7 Councilors present and accounted for.
S.S. WORK SESSION: CONSTRUCTION MATERIALS USE TAX & MARIJUANA TAX (TOWN
MANAGER ERIC HEIL)
Video Start Time: 03:59:54
Town Manager Eric Heil delivered his presentation and noted past voter survey results in
support of these taxes. He added he would like to present to Council a first reading of an
ordinance in July to potentially submit these questions to a vote on the November ballot,
and mentioned materials are ready to start community outreach and education. After
deliberations, Council's unanimous direction supported the recommendation of Town
Manager Heil to present the first reading of an ordinance at the July 251h Council Meeting.
6. MINUTES
6.1. APPROVAL OF MAY 23, 2023 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK MIGUEL
JAUREGUI CASANUEVA)
Video Start Time: 04:13:39
With no discussion or correction, Councilor Thuon moved to approve the Minutes from May
23, 2023, as presented. Councilor Stanley seconded the motion. They were approved with
a 6-0 vote, with an abstention from Councilor Carroll who was not present at that meeting.
AVON REGULAR MEETING MINUTES A
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HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission June 6 Abstract (Planner 1+ Max Morgan)
7.2. Avon Police Department Disposition on Forfeited Properties for 2022 (Chief of Police Greg
Daly)
7.3. 2023 Recycling Award for Outstanding Outreach (Sustainability Coordinator Charlotte Lin)
7.4. Website Analytics (Communications & Marketing Manager Liz Wood)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 04:14:18
Councilor Hardy provided an update on her attendance at the Colorado Communities for Climate
Action meeting and noted the impact of Sustainability Coordinators Charlotte Lin and Sarah Smith-
Hymes. She then highlighted that the Pride in the Park Event at Nottingham Park was incredible
and tasteful, and she is looking forward to Battle of the Bands tomorrow.
Councilor Stanley shared her concern that roadworks affect roundabout 4 and turn it into a one
lane. She added the risk to cyclists on West Beaver Creek Boulevard due to a narrow lane. Town
Manager Eric Heil noted her concern and added staff will explore options to improve the bike lane
in the 2024 Capital Improvement Plan.
Mayor Phillips provided an update on her attendance at the 2023 Colorado Creative Industries
Summit. She too agreed that the Pride in the Park Event at Nottingham Park was a success and
there was nothing inappropriate for families and children.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 9:31 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.
RESPECTFULLY SUBMITTED:
Brenda Torres, Deputy Town Clerk
APPROVED:
Mayor Amy Phillips
AVON REGULAR MEETING MINUTES
TUESDAYJUNE 13, 2023
A
Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO
Tamra Underwood
RJ Andrade
Lindsay Hardy
Ruth Stanley
Chico Thuon
Rich Carroll