TC Minutes 06-27-2023AVON REGULAR MEETING MINUTES
TUESDAY JUNE 27, 2023 . v 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 June 27, 2023 Council regular meeting to order at 5:00 p.m. A roll
call was taken, and present were Councilors Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth
Stanley, and Mayor Phillips and Mayor Pro Tern Tamra Underwood. Councilor RJ Andrade was
absent. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, General
Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Community
Development Director Matt Pielsticker, Finance Director Scott Wright and incoming Finance
Director Paul Redmond, Human Resources Manager Karyne Spadi, Public Works Director Eva
Wilson, Senior Planner Jena Skinner, and Planner I+ Max Morgan.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:02
Mayor Phillips initiated the meeting with the Agenda approval process and requested that
Business Item 5.5. relative to Resolution 23-11 (Housing Guidelines) be tabled for the July 25,
2023 Council Meeting. There were no other requested changes to the Agenda. With no further
discussion, Mayor Pro Tern Underwood presented a motion to approve the Agenda, as
amended. Councilor Hardy 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: 00:02:10
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none
were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:02:20
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, and no public comment was made in person nor on Zoom.
5. BUSINESS ITEMS
5.1.Presentation and Acceptance of 2022 Annual Comprehensive Financial Report (Finance
Director Scott Wright)
Video Start Time: 00:03:05
Finance Director Scott Wright delivered his presentation to Council related to the 2022 Annual
Comprehensive Financial Report. He was joined by Mr. Paul Backes, CPA of McMahan and
Associates who presented Council with the contents of his Auditor's letter and expressed that
historically, Avon's audit has been very clean and this is true again in 2022. He expressed to
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Council that the Town is very fortunate to have had Finance Director Scott Wright at the helm
of the Finance team for the last 30 audits. After deliberations, Mayor Pro Tern Underwood
made a motion to approve the Financial Report. Councilor Stanley seconded the motion. It was
approved with a 6-0 vote of those present.
5.2.Public Hearing: Second 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: 00:15:35
Town Manager Eric Heil delivered his presentation to Council related to the formation of the
Downtown Development Authority (DDA), including financial projections and impact of the
authority. He was joined by Town Attorney Karl Hanlon who explained to Council the
composition of eligible voters. Mayor Pro Tern Underwood raised a point of order to request
that Mayor Phillips ask for public comment before Council deliberations.
Mayor Phillips opened the floor to public comment and Robert Tartre took the podium and
stated he is the President of the Lodge at Avon Center Homeowners Association. He
congratulated Town staff on their hard work on the DDA which he called innovative, forward
thinking and game changing. He added he thinks this will fuel momentum to get more housing
and parking available in Avon.
He was followed by Mr. Mike Imhof who is a resident of Wolcott and Vice President of the Vail
Valley Foundation. Mr. Imhoff spoke in support of the DDA, calling it a critical initiative and a
great solution. No other public comment was made in person nor on zoom.
Mayor Pro Tern Underwood requested that staff make an amendment to the second sentence
of Section 6.1. to add the words "at least" before "50%" of the revenues going to housing. With
no further discussion, Councilor Carroll made a motion to approve the second reading of
Ordinance 23-02 with the addition of the words "at least" before "50%" in the second sentence
of Section 6.1. Councilor Hardy seconded the motion. It was approved with a 6-0 vote of those
present.
5.3.Resolution 23-12: Appointing the Town Clerk as the Designated Election Official, and
Delegating the Authority and Responsibility of Appointing Election Judges for the Town of
Avon's Special Election on August 29, 2023 (Town Clerk Miguel Jauregui Casanueva)
Video Start Time: 00:36:35
Town Attorney Karl Hanlon delivered a brief synopsis of Resolution 23-12 to Council. There was
no public comment made in person nor on Zoom. Without further discussion, Councilor Thuon
made a motion to approve Resolution 23-12. Councilor Hardy seconded the motion. It was
approved with a 6-0 vote of those present.
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5.4.Continued Public Hearing: Lot 3, Mountain Vista Resort, Stonebridge Hotel Major Development
Plan and Development Bonus (Senior Planner Jena Skinner)
Video Start Time: 00:38:16
Senior Planner Jena Skinner delivered her presentation related to the Stonebridge Hotel Major
Development Plan and Development Bonus. She was joined by Town Attorney Karl Hanlon who
walked Council through the documentation related to the development bonus and highlighted
the changes to the documents which now reflect prior Council feedback. She was joined by
Benton Grismer, Development Architect who delivered additional information on the
Development Plan and Bonus and answered sundry questions from Councilor Hardy and Mayor
Pro Tern Underwood. After the presentation, Mayor Pro Tern Underwood requested several
amendments to the text of the development bonus, including the addition of two public
pedestrian easements to the development plan providing connectivity from West Beaver Creek
Boulevard to the Pedestrian Mall and on the south side from West Beaver Creek Boulevard
through the pedestrian mall and into Mikaela Way. She noted if in the future there is better
pedestrian access, these public easements may be vacated at that point in time but noted she
believes it is essential to have these easements on both pedestrian routes. Town Attorney Karl
Hanlon made note of this requested change. Town Manager Eric Heil highlighted the
development plan also intends to use the public sidewalk adjacent to the Municipal Building
for pedestrian access.
There was no public comment made in person nor on Zoom. Without further discussion, Mayor
Pro Tern Underwood made a motion to approve the development plan and bonus, as amended
by 5 conditions she noted to include: in Section 4.1.c), reference to the pedestrian easement
from north to south; in Section 4.1.d), bilateral cooperation with respect to interface with the
Town Hall; in Section 4.3., reference to the temporary or final certificate of occupancy and
assurance that there is not only pedestrian a easement but a restrictive covenant with respect
to valet parking and 2 workforce housing units; and in section 5.1., striking the irrigated acreage
requirement. Councilor Thuon seconded the motion. It was approved with a 6-0 vote of those
present.
5.5.Resolution 23-11: Housing Guidelines (Senior Planner Jena Skinner)
Video Start Time: 01:24:50
Mayor Phillips noted that this Business Item was tabled for the July 25, 2023 Council Meeting.
5.6.Letter of Agreement with Education Foundation of Eagle County for Skatepark use in Harry A.
Nottingham Park (Planning Director Matt Pielsticker)
Video Start Time: 01:26:57
Planning Director Matt Pielsticker delivered his presentation related to the Letter of
Agreement. Councilors Carroll and Hardy inquired on the sources of funding of the bathrooms
for the project. Amy Lewis with EFEC took the podium and noted she is the sponsor of the
project and spoke of funding issues and different grant opportunities. There was no other
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public input in person nor on Zoom. Councilor Thuon suggested the project get an additional
review by the Planning and Zoning Commission, which Mayor Phillips agreed with. Councilor
Hardy noted she doesn't believe the current location is the appropriate location for the skate
park and noted it should be located by the tennis courts. She then noted she does not believe
the skate park is multi -use and the current proposed location isn't getting the highest and best
use out of it.
Councilor Carroll raised some questions on the Letter of Agreement including the terms and
conditions contained in Sections 3 and 5. Mayor Pro Tern Underwood noted a typo in the Letter
that states that the Term does not commence but ends in 2030. A spirited debate among
Councilors ensued related to the best location for the skate plaza.
After deliberations, Councilor Carroll made a motion to approve the Letter of Agreement,
amending the second Whereas in the Letter so that the location states "or such other location
as determined appropriate by the Town", striking the word commencing and replacing it with
ending in 2030, striking paragraph 8, and amending the signature line with the name of Avon
Skate Coalition in lieu of EFEC. Councilor Thuon seconded the motion. It was approved with a
6-0 vote of those present.
5.7.Work Session: Regional Housing Action Plan (Town Manager Eric Heil)
Video Start Time: 02:03:35
Town Manager Eric Heil delivered his presentation related to the Regional Housing Action Plan
and noted that Town Attorney Karl Hanlon attended a CIVIL Conference where he recently
learned that the Governor Polis intends to bring back another housing bill soon. Council gave a
thumbs up to Town Manager Heil, thanked him for his work on housing, and encouraged him
to continue being a leader in regional housing such as he's been in regional transit.
5.8.Work Session: Rezone Slope Side Open Space to High Density Residential for Community
Housing (Town Manager Eric Heil)
Video Start Time: 02:16:31
Town Manager Eric Heil delivered his presentation on the rezoning of the Slope Side Open
Space. There was no public comment made in person nor on Zoom. Deliberations from Council
included the note that this would be a good location for modular stackable units that could be
put in place quickly and meet future demand, that this is very viable, and that a public facility
site should be included. Councilor Stanley made a motion to rezone this lot and the adjacent
lot for community housing. Councilor Hardy seconded the motion. It was approved with a 6-0
vote of those present.
5.9.Work Session: Housing -Long Range Planner (Planning Director Matt Pielsticker)
Video Start Time: 02:24:18
Town Manager Eric Heil delivered a brief presentation related to this newly created position
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and noted that 6 months of salary for this position are already included in the 2023 budget and
approving this position does not trigger any budget amendment. Council gave him 6 thumbs
up indicating to him Council's support to fill the vacancy.
5.10. Approval of Amendment to the Town Manager Employment Agreement (Mayor Amy Phillips)
Video Start Time: 02:29:07
Mayor Amy Phillips introduced the topic of the approval of an Amendment to the Town
Manager Employment Agreement and explained that the agreement in the packet has not
substantially changed and only received minor edits. Councilor Hardy highlighted that he is an
asset to Avon and the Valley and appreciated from every point of view, which was echoed by
other Councilors. Councilor Stanley made a motion to approve the amendment of the
Agreement. Mayor Pro Tern Underwood seconded the motion. It was approved with a 6-0 vote
of those present.
6. MINUTES
6.1.Approval of June 13, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
Video Start Time: 02:32:02
With no discussion or correction, Mayor Pro Tern Underwood moved to approve the
Minutes from June 13, 2023, as presented. Councilor Stanley seconded the motion. They
were approved with a 6-0 vote of those present.
7. WRITTEN REPORTS
7.1.Draft May 18 Culture, Arts & Special Events Committee Meeting Minutes (Special Events
Coordinator Chelsea Van Winkle)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3.Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin)
7.4.Grant Summary Update (Deputy Town Manager Patty McKenny)
7.5.Comcast Franchise Agreement Renewal Update (Deputy Town Manager Patty McKenny)
7.6.Draft June 19 Finance Committee Meeting Minutes (Town Clerk Miguel Jauregui Casanueva)
7.7.Capital Improvements Plan Update (Public Works Director Eva Wilson)
* * Indicates topic will be discussed at future agenda's
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:32:52
Councilor Thuon noted he met with Public Works Director Eva Wilson and Public Works
Operations Manager Gary Padilla about O'Neil Spur Pocket Park, and he considered it a
great meeting, adding it was thorough and felt open minded to get this park back into
shape. He added there were good ideas for budgeting expenses and maintenance on a
schedule that makes sense.
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Councilor Carroll spoke of an online article in the Vail Daily related to the ease of building
in the Town of Avon, noting the article stated customer service is fantastic and thanked
staff for facilitating community housing projects. He added he also met with Pat Nolan of
Eagle County Healthy Aging and asked how Avon can help better serve seniors and met
with Avon Rec Director Michael Labagh to come up with ideas on how Avon Rec can help
serve the elderly.
Mayor Pro Tern Underwood reminded the public that Council will not reconvene until July
25, 2023 due to the Salute to the USA festivities on July 3d and Independence Day
festivities on July 4th. She then complimented Town Manager Eric Heil and staff for their
hard work on Salute to the USA. She also asked if the Financial Report that routinely gets
presented before Council could get posted in the Town's website.
Councilor Stanley thanked Eric for his hard work.
Mayor Phillips noted that there will be no Sunset live and Avon Live the week of Salute to
the USA and added at 4 p.m. there will be free transportation through ECO to attend the
Salute to the USA event to avoid traffic and parking issues.
Town Manager Eric Heil closed remarks by noting that Salute to the USA will have a
fireworks show this year.
9. EXECUTIVE SESSION
9.1. An Executive Session pursuant to 24-6-402(4)(e) for the purpose of determining positions
relative to matters that may be subject to negotiation; develop strategies for negotiation;
instructing negotiators. More specifically, relating to Lot B and relating to housing at Sheraton
Mountain Vista (Town Manager Eric Heil)
Video Start Time: 02:44:35 pm
With no further discussion, at 7:46 p.m. Mayor Pro Tern Underwood moved to enter Council's
executive session and relocate to the Holy Cross meeting room. Councilor Carroll seconded the
motion. It was approved with a 6-0 unanimous vote of those present. The recording concluded
with Mayor Phillips advising the public that no further action will be taken after the executive
session. In addition to all Councilors present at roll call, present were Town Manager Eric Heil,
Town Attorney Karl Hanlon, and General Government Manager Ineke de Jong. The session was
held in the Holy Cross meeting room beginning at 7:53 p.m. and ending at 8:15 p.m.
10. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the
regular meeting. The time was 08:15 p.m.
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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.
APPROVED:
Mayor Amy Phillips
Tamra Underwood
Lindsay Hardy
Ruth Stanley
Rich Carroll
Chico Thuon
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RESPECTFULLY SUBMITTED:
Miguel Jauregui C, Aueva, Town Clerk