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TC Minutes 08-08-2023AVON REGULAR MEETING MINUTES A TUESDAY AUGUST 8, 2023 4von HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O 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 August 8, 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, Mayor Pro Tern Tamra Underwood, and Mayor Phillips. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Wilton E. Anderson on behalf of Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Community Development Director Matt Pielsticker, Finance Director Scott Wright and incoming Finance Director Paul Redmond, Public Works Director Eva Wilson, and Special Events Manager Danita Dempsey. 2. APPROVAL OF AGENDA Video Start Time: 00:01:08 Mayor Phillips initiated the meeting with the Agenda approval process. There were no requested changes to the Agenda. Without further discussion, Mayor Pro Tern Underwood made a motion to approve the Agenda. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. During the Agenda Approval process, Mayor Phillips asked for the record to show that Councilor Andrade was present at the start of the Agenda approval process and stepped out of the room briefly at approximately 5:02 p.m. while the vote to approve the Agenda occurred. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:32 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed by those present. 4. PUBLIC COMMENT Video Start Time: 00:01:54 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. Carlo Persichetti with the Lodge at Avon Center took the podium to state that the Lodge at Avon Center has been working on an electrical infrastructure project to upsize the transformer in front of their building in order to futureproof EV Charging, including the installation of a fast charger. He asked Council to make projects such as that at the Lodge at Avon Center have access to grant funding by the Town. 1 AVON REGULAR MEETING MINUTES A TUESDAY AUGUST 8, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Councilor Andrade returned to the meeting at approximately 5:07 pm while Mr. Persichetti was speaking. At Council request, Town Manager Eric Heil updated Council on grant plans for EV stations to be added to public spaces and public property, and noted there are no plans at this time for the Town to offer grants for EV stations to be added on private property. He noted there are approximately 30 to 40 multifamily buildings such as the Lodge at Avon Center that will likely look at adding EV Charging Stations soon and the Town will explore access to grants to satisfy this type of need. No other public comment was made in person nor on Zoom. 5. BUSINESS ITEMS 5.1.Public Hearing: Second Reading of Ordinance 23-04: Construction Materials Use Tax (Finance Director Scott Wright and Town Manager Eric Heil) Video Start Time: 00:11:36 Town Manager Eric Heil delivered the presentation related to the second reading of Ordinance 23-04 on behalf of Finance Director Scott Wright and himself. He noted that during first reading, Council requested an accommodation for those building single-family homes or duplexes to be able to defer payment of the tax until the certificate of occupancy is issued. He specified this was added to the second reading of the Ordinance. Mayor Phillips opened the public hearing, and no public comment was made in person nor on Zoom. Mayor Pro Tern Underwood stated the Ordinance is well thought out and the amendment from first to second reading on deferral for single family and duplexes is good. She added this ordinance helps organize collection efforts for moneys the Town has been owed, making it feasible to collect them. She added she hopes that voters will vote yes on the ballot once the issue is referred to the November election. Mr. Heil noted that the Town will issue a pro -con statement when the time comes for that election. Councilor Thuon made a motion to approve the second reading of Ordinance 23-04. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 5.2.Resolution 23-17 Approving a Tax and Fee Waiver for Community Housing at Walking Mountains (Planning Director Matt Pielsticker) Video Start Time: 00:17:15 Community Development Director Matt Pielsticker delivered his presentation related to Resolution 23-17 and the approval of a fee waiver for community housing at Walking Mountains. He introduced Markian Feduschak, president of the Walking Mountains Science Center, who gave a detailed updated on the staff housing project and donor program. Deliberations from Council included discussion of how many teachers these buildings can 2 AVON REGULAR MEETING MINUTES A TUESDAY AUGUST 8, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO house, assurances that deed restrictions are properly attached to all the buildings and a request that a final memo should be produced by staff documenting monetary contributions to the project by the Town, including how much staff time was dedicated to this project. The Town Attorney noted that there were inconsistencies in lot descriptions in the Resolution and the Deed which needed to be corrected. No public comment was made in person nor on Zoom. Councilor Thuon made a motion to approve Resolution 23-17, subject to the amendment of the lot description in its text to match the lot description on the deed restriction. Councilor Stanley seconded the motion, as amended. It was approved unanimously with a 7-0 vote. 5.3.Intergovernmental Agreement with Eagle County Clerk for Coordinated Election (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 00:30:15 Town Clerk Miguel Jauregui Casanueva delivered his presentation related to approving the Intergovernmental Agreement with Eagle County Clerk for the November 7, 2023 Coordinated Election. Mayor Pro Tern Underwood indicated that it is better to use the term of art Election Season than Election Day given that there are so many stages to any election in addition to Election Day. No public comment was made in person nor on Zoom. After deliberations, Councilor Thuon made a motion to approve that the Town Clerk enter into the Intergovernmental Agreement with Eagle County for the November 7, 2023 Coordinated election. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 5.4.Vail Valley Art Guild Seasons Rent Proposal (Town Manager Eric Heil) Video Start Time: 00:35:04 Town Manager Eric Heil introduced the Vail Valley Art Guild Seasons Rent Proposal. He was joined by Tara Novak with the Vail Valley Art Guild who walked council through a presentation from the Vail Valley Art Guild on their Art Guild and the Seasons Rent Proposal. Ample discussion was had among Councilors related to how the Art Guild solicits donations from private donors in the Valley, if the lease comes with designated parking for staff and guests during for special events, if support for the Rent Proposal is strategic for the Town to accomplish its goals, if Councilors will have the ability to see the lease terms once they become available, and an estimate of how many guests the space might receive on a daily basis depending on classes and special events. Consensus from Council was for the Art Guild to negotiate as aggressively as possible to secure ample parking. Council made note there is a typo in the rent escalation percentage in the rent proposal that states 103.5% instead of 3.5% for 4 years. Council asked to have seat on the Art Guild Board based on this contribution, which Ms. Novak spoke saw favorably, with additional requests to rebrand the Art Guild's materials with mentions of the Town of Avon in lieu of Eagle, as the Guild moves up the Valley. 3 AVON REGULAR MEETING MINUTES A TUESDAY AUGUST 8, 2023 4von HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O During public comment, Christine Sena and Rick Spitzer took the podium and stated they are Board Members of the Art Guild. They spoke of the Art Guild's non-profit status and facilitated pamphlets and materials related to the Guild's operations to Councilors. Melissa Nelson made public comment via Zoom, stating she is the President of the Art Guild and highlighted her experience with non -profits for very many years. She noted her background in finance and explained how she was drafted to become the President of the Art Guild. She stated the Art Guild is in good hands in relation to budgeting and that she intends to apply for grants and leverage the Art Guild's Tax -Exempt status. When asked, Town Manager Eric Heil stated he had ample direction from Council on how to move forward in supporting the Art Guild with the Seasons Rent Proposal and noted he would bring the topic back in greater detail for further discussion during the September 12, 2023 Council Meeting. 6. MINUTES 6.1.Approval of the June 27, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:20:30 With no discussion or correction, Councilor Carroll moved to approve the Minutes from June 27, 2023, as presented. Mayor Pro Tern Underwood seconded the motion. They were approved with a 6-0 vote, with Councilor Andrade abstaining due to his absence at that Council Meeting. 6.2.Approval of the July 25, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 01:21:10 With no discussion or correction, Councilor Thuon moved to approve the Minutes from July 25, 2023, as presented. Councilor Stanley seconded the motion. They were approved unanimously with a 7-0 vote. 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority June 22, 2023 Meeting Summary (Mayor Pro Tern Tamra Underwood) 7.2.Planning & Zoning Commission August 1st Abstract (Planner 1+ Max Morgan) 7.3.CO Childcare Sustainability Bonus Grant (Recreation Director Michael Labagh) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 01:21:53 Mayor Pro Tern Underwood noted that Dancing in the Park was one of the summer's 4 AVON REGULAR MEETING MINUTES A TUESDAY AUGUST 8, 2023 . v O n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O outstanding events with a huge public turnout and thanked Council for funding it. Councilor Stanley highlighted the free concert series and funk band playing at the park and invited the community to please go. Mayor Amy Phillips noted that the Eagle Valley Transportation Authority will hold its meeting at Avon Council Chambers tomorrow, August 9, 2023 at 12:30. She also thanked Public Works Staff for their support and help in resolving an incident that occurred while she was attending Celebrate the Beat, where she and Mayor Pro Tern Underwood received texts from the public of a fell tree by the Sunridge bike path and were able to have it removed and the path cleared within the hour. 9. EXECUTIVE SESSION 9.1. An executive session pursuant to CRS 24-6-402(4)(b) and (e) for the purposes of receiving legal advice from the Town Attorney on specific legal questions and for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators more specifically related to: 1) Early Childhood Development on Planning Area E; 2) State Land Board Annexation; and 3) Upper Eagle River Water Authority Unallocated Water Video Start Time: 01:24:20 pm With no further discussion, at 6:25 p.m. Mayor Phillips moved to enter Council's executive session and relocate to the Holy Cross meeting room. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. 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, Deputy Town Manager Patty McKenny, Town Attorney Wilton E. Anderson on behalf of Karl Hanlon, and General Government Manager Ineke de Jong. The session was held in the Holy Cross meeting room beginning at 6:34 p.m. and ending at 8:32 p.m. 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:32 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. 5 AVON REGULAR MEETING MINUTES A TUESDAY AUGUST 8, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O RESPECTFULLY SUBMITTED: Miguel Jaureg sanueva, Town Clerk APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon