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TC Minutes 05-23-2023AVON REGULAR MEETING MINUTES TUESDAY MAY 23, 2023 Av o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in -person at Avon Town Hall and using zoom.us. Mayor Amy Phillips called the May 23, 2023 Council regular meeting to order at 5:11 p.m. A roll call was taken, and present were Councilors Chico Thuon, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tem Tamra Underwood. Councilor RJ Andrade joined the meeting at 5:51 p.m. Councilor Rich Carroll was absent. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Community Development Director Matt Pielsticker, Recreation Director Michael Labagh, Finance Director Scott Wright and incoming Finance Director Paul Redmond, Cultural Arts and Special Events Manager Danita Dempsey, Public Works Director Eva Wilson, Public Operations Manager Gary Padilla, Senior Planner Jena Skinner, and Master Gardener Jessie Sipkovsky. 2. APPROVAL OF AGENDA Video Start Time: 00:11:55 Mayor Phillips initiated the meeting with the Agenda approval process and requested that two items be added after public comment and before business item 5.1. The first was a proclamation for years of service for Joye Gelo, Town of Avon Payroll Administrator. The second was the viewing of the Avon 2022 Year in Review video. With no further discussion, Councilor Thuon presented a motion to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved with a 5-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:12:52 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:13:02 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom's video/audio, via telephone, or via 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 on Zoom. Krista Keiser, resident of Eagle Vail, took the podium to thank Councilor Andrade for his vote against the flying of the Pride Flag. She referenced a Vail Daily article that covered Council's vote over the Pride Flag. She stated disappointment to those Councilors present over the 6-1 vote that she believes doesn't represent the Valley and noted it is a good reminder that every vote counts and Council races are important. She said she is a frequent shopper and diner in Avon, and she finds it difficult to see the Pride Flag as a representation of her so she will try very hard not to spend her money in Avon when during its display. She closed her remarks offering a prayer for elected officials to vote differently next year. Kelly Ricca, resident Eagle Vail, took the podium and read excerpts of a text she attributed to Gays Against Groomers. Highlights from those excerpts included that years ago Pride was about LGBTQ people stepping out to show the world they are normal people deserving of equality and marriage AVON REGULAR MEETING MINUTES TUESDAY MAY 23, 2023 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O rights, but as the years have gone by, the celebration has morphed from one of love and equality to a raunchy display of overt sexuality and debauchery. She continued to highlight excerpts which included concern that children are being brought to parades where grown adults are selling sex toys, inappropriately dressed, and displaying inappropriate behavior. She cautioned that it is not empowerment and sex positivity, and it is the destruction of innocence. She noted appalment at half - naked performers taking money from young children like strippers, as kids are being taught how to pole dance while they are indoctrinated and sexualized in the name of LGBTQ acceptance. She closed remarks stating that the phenomenon of Pride is on a dark road to legal pedophilia. She then thanked Councilor Andrade for his vote against displaying the Pride Flag. Julie Morahan, resident of Eagle, took the podium to thank Councilor Andrade and state the Pride Flag is political and divisive. Laurie Diversey, resident of Eagle, took the podium and thanked Councilor Andrade for his commonsense vote since she believes the Pride Flag is divisive and unfair. She noted it would be nice to see a heterosexual flag occasionally but is happy to just stick to the American Flag, the Colorado Flag and the Avon Flag. Pat Hite, resident from Gypsum, took the podium and thanked Councilor Andrade for voting against the Pride Flag, noting it shows his great courage and character as a man, to stand up for what he believes in when the odds are against him. No other public comment was made in person nor on Zoom. 5. AMENDED BUSINESS ITEMS 5.1. Proclamation for Joye Gelo, Town of Avon Payroll Administrator, for her years of service. Video Start Time: 00:23:25 Mayor Phillips read a Proclamation for years of service for Joye Gelo, Town of Avon Payroll Administrator. Mayor Pro Tern Underwood made a motion to approve the Proclamation. Councilor Hardy seconded the motion. It was approved with a 5-0 vote of those present. 5.2. Viewing of the Avon 2022 Year in Review Video Video Start Time: 00:27:45 Mayor Phillips directed staff to project the Avon 2022 Year in Review Video for Council. Deputy Town Manager delivered a brief presentation on the origin of the video, thanking those involved. 6. BUSINESS ITEMS 6.1.Resolution 23-09 Approving USDA Composting Grant Application (Sustainability Coordinator Charlotte Lin and Deputy Town Manager Patty McKenny) Video Start Time: 00:31:43 Deputy Town Manager Patty McKenny delivered a presentation related to the USDA Composting Grant Application. Councilor Stanley asked where compost goes after it is picked up, and Sustainability Coordinator Sarah Smith Hymes joined the podium to explain composting destination and opportunities to contract composting in Avon while highlighting climate action impacts. 7 AVON REGULAR MEETING MINUTES TUESDAY MAY 23, 2023 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO There was no public comment in person nor on Zoom. Councilor Hardy made a motion to approve the Proclamation. Councilor Stanley seconded the motion. It was approved with a 5-0 vote of those present. 6.2.Work Session: Water Service SFE Assignments and Future Development (Town Manager Eric Heil and Planning Director Matt Pielsticker) Video Start Time: 00:41:22 Town Manager Eric Heil delivered a presentation on Water Service SFE Assignments and Future Development, accompanied by Planning Director Matt Pielsticker. Heil noted that Steve Coyer and Sarah Smith-Hymes are both present in the room and Eagle River Water and Sanitation District Board Member and could also be valuable resources for the work session. Discussion included that land use and future developments should match water availability, with a comprehensive view on sustainable growth and with priority for community housing. It also included the value of moving away from water fees based on the SFE multipliers, and the value of use data to understand baseline measures and areas where water conservation can be achieved. Mayor Pro Tern Underwood suggested to staff that the Town begin exploring how best to institutionalize the principle that housing, and water should go together and requested policy that community housing receive priority access to water allocations. At 5:51 p.m., Councilor Andrade joined the Council Meeting for its remainder. After deliberations concluded, Councilors unanimously directed Town Manager Eric Heil to proceed on Item #1 and request additional SFEs service guarantees and an amendment to the water lease agreement with the Authority in order to serve two housing projects in the Village (at Avon), and Item #2 to review Avon's existing estimates of SFEs to serve current zoning and explore potential policies that may allocate or prioritize a portion of the remaining available SFEs to Community Housing. 6.3.Public Hearing: Resolution 23-10 Tract Y Subdivision Review and Approval (Planning Director Matt Pielsticker) Video Start Time: 01:13:50 Senior Planner Jena Skinner delivered a presentation on the proposal to approve Resolution 23-10 on behalf of Planning Director Matt Pielsticker. Mayor Phillips highlighted that this is the only public hearing to be had in the approval process of the Resolution. Deliberations from Councilors included the assurance that all 53 units that are part of the project will be part of deed restricted housing, as documented in the Development Agreement, the Public Improvement Agreement, in individualized covenants for each unit, in the plat and zoning restrictions. Additional topics covered included concerns on flooding and the 100-year flood standard, drainage, the feasibility of expanding or modifying the Metcalf ditch, snow accumulation and snow plowing, and use of the conservation easement. Bobby Ladd, project architect took the podium in representation of Hidden Valley Development, LLC to answer additional questions from Council and gave a brief historical review of this Development. Mayor Phillips asked Town staff to explore the addition of pedestrian friendly access to a new bus stop. Consensus among Councilors indicated support to move forward with the Development. As part of the public hearing, Mayor Phillips asked for public comment and there was no public comment made in person nor on Zoom. 3 AVON REGULAR MEETING MINUTES Avon TUESDAY MAY 23, 2023 HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Mayor Pro Tem Underwood noted some inconsistencies between the conditions for the development included in the memo (page 40 of the packet) and in the Resolution (page 143 of the packet), and asked for the following amendments to the conditions of Resolution 23-10: 1. Engineering approval for the site access, installation of utilities, snow storage plan, flood plain analysis, debris flow and drainage structures shall be required prior to the issuance of a building permit. 6. W,4 Site Improvement Agreement and final Development Agreement shall be finalized prior to recording the Final Plat. 9. ILCs are required for all structures as required by the Avon Municipal Code Section 15.10.060. With no further discussion, Mayor Pro Tern Underwood presented a motion to approve Resolution 23- 10, as amended. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present. 6.4. Work Session: Review of Trees on Avon Road (Public Works Director Eva Wilson and Master Gardener Jessie Sipkovsky) Video Start Time: 02:48:46 Public Operations Manager Gary Padilla delivered a presentation related to the review of trees on Avon Road on behalf of Town Arborist Joe Gilles. Master Gardener Jessie Sipkovsky delivered a presentation on the demonstration garden to be deployed at the front of the municipal building, outside the western facing windows of the Council Chambers. Deliberations included the pros and cons of using service berries, which feed small animals and do not attract bears, as well as limited use of Hollyhocks which can become invasive. Additionally, they included the use of trees to hang holiday lights, suggestions from Councilor Thuon to improve holiday light esthetics at roundabouts, and a strategy to deal with beaver kill and beavers on the river. Padilla added that CPW and he are exploring alternatives to relocate the beavers. Mayor Pro Tern Underwood reminded staff that the electrical transformer at the entrance to the municipal building is unsightly and was advised that the Town is exploring strategies to get it painted by a local artist. Deliberations also covered the topic of a $60k award of a grant that will cover 75% of the cost of the demonstration gardens to be installed in spring of 2024. 6.5.Resolution 23-11 approving the Easement Agreement for Westgate Plaza (Public Works Director Eva Wilson) Video Start Time: 03:12:05 Public Works Director Eva Wilson delivered a presentation on Resolution 23-11 for the approval of the Easement Agreement for Westgate Plaza. Deliberations included the process of inventorying improvements in the GIS system where Wilson added that GIS data already contains approximately 75% of drainage assets. No public comment was made in person nor on Zoom. After deliberations, Councilor Thuon moved to approve Resolution 23-11. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present. W AVON REGULAR MEETING MINUTES TUESDAY MAY 23, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COL 0 R A D O 6. MINUTES 6.1.Approval of May 09, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 03:16:40 With no discussion or correction, Councilor Stanley moved to approve the Minutes from May 09, 2023, as presented. Councilor Thuon seconded the motion. They were approved with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission May 16 Abstract (Planner 1+ Max Morgan) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) 7.3.Year in Review Video (Marketing & Communications Manager Elizabeth Wood) 7.4.Food Truck Program Update (Special Events Coordinator Chelsea Van Winkle) 7.S.CC4CA Policy Update (Sustainability Coordinator Sarah Smith Hymes) 7.6.Construction Activity Report (Development Coordinator Emily Block) 7.7. Draft May 3rd Finance Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7.8.Draft May 16th Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:17:10 Councilor Thuon challenged his fellow Councilors and Town Staff to come up and see the beautiful views of Wildridge and reminded those present that Wildridge is actually part of Avon's community, but its little park is not on par with other parks in Town. He asked that there be strategic planning on how to improve that park going forward and hoped this remark will ignite conversation between Public Works Director Eva Wilson and himself on the matter. He then cautioned that Old Trail Road has excessive speeding of vehicles travelling 40-50 MPH on a small road, and he worries there will be a deadly statistic. He asked for speed humps and writing tickets. He mentioned stop signs that existed on that road under Police Chief Bob Ticer that were taken down. Deliberations included his worry that fellow councilors and the Town Manager don't go visit that park, which Mayor Pro Tern Underwood and Councilor Andrade mentioned they do. Councilor Stanley thanked those public commentators who joined the start of the meeting to voice their concerns over the display of the Pride Flag. She highlighted that people should attend public meetings and that she was saddened that they were not present during the deliberations regarding the Pride Flag. She added that in 2024 she will be asking for Saint Patrick's flag to be flown on Saint Patrick's Day. Mayor Phillips mentioned that the Council Retreat scheduled for June 20 did not yet have a topic. With no objections from her fellow Councilors, that retreat was cancelled. She then referenced the Employer's Council Report that her fellow Councilors will receive on the Town Manager's performance and 360 evaluations. Mayor Pro Tern Underwood asked that Council be presented with a packet containing the previous year's Town Manager evaluation materials along with these years, to facilitate their review during the June 6 executive session to be held for that purpose. 5 AVON REGULAR MEETING MINUTES TUESDAY MAY 23, 2023 Av O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Councilor Hardy asked General Government Manager Ineke de Jong to remind Council and the public about the Town Clean Up and Sustainability Fair to take place at 1 Lake Street on Wednesday, May 24, 4:30-7:30 p.m. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:24 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: Mayor Amy Phillips Tamra Underwood RJ Andrade Lindsay Hardy Ruth Stanley Chico Thuon 6 RESPECTFULLY SUBMITTED: Miguel Jaureg sanueva, Town Clerk