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.
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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
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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.
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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
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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.
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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