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TC Minutes 09-12-2023AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 12, 2023 A neon 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 September 12, 2023, Council regular meeting to order at 5:00 p.m. A roll call was taken, and present in person were Councilors Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, Mayor Pro Tern Tamra Underwood, and Mayor Phillips. Present via Zoom was Councilor Chico Thuon who joined the meeting virtually at 5:01 p.m. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Finance Director Paul Redmond, Avon Rec Director Michael Labagh, Public Works Director Eva Wilson, Community Development Senior Planner Jena Skinner, and Police Detective Alan Hernandez. 2. APPROVAL OF AGENDA Video Start Time: 00:00:50 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Carroll requested the Agenda be amended to include a moment of silence in memory of the victims of the September 11, 2001, terrorist attack. After a point of order at the 00:19:11 mark, Mayor Pro Tern Underwood made a motion to approve the Agenda, as amended by Councilor Carroll's moment of silence. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:58 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. At 5:03 p.m., Councilor Carroll introduced a moment of silence taken in memory of the victims of the September 11, 2001, terrorist attack. 4. PUBLIC COMMENT Video Start Time: 00:03:07 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 person or virtually on Zoom, and Mr. Wayne Hanson, resident of Avon, took the podium to ask that Council put on the ballot a measure to allow for marijuana dispensaries to operate in Avon, noting there are none walking distance from his home in Avon. He also requested more landscape be added based on landscape that was removed prior. Town Manager Eric Heil gave feedback that marijuana issues cannot be added to the ballot at this time since the deadline has already passed but may in the future and noted his landscaping suggestions. No other public comment was made person nor on Zoom. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 12, 2023 avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5. BUSINESS ITEMS 5.1.Presentation: SpeakUp ReachOut Update (SpeakUp ReachOut Hispanic and Youth Program Specialist Elian Marquez) Video Start Time: 00:07:55 SpeakUp ReachOut Hispanic and Youth Program Specialist Elian Marquez delivered his presentation and update on SpeakUp ReachOut's efforts in the County related to suicide prevention. Questions from Council included for Mr. Marquez to further explain how the community can get involved in upcoming trainings and events at SpeakUp ReachOut. No public comment was made in person nor on Zoom. 5.2.Presentation: Downtown Development Authority Election Update and Next Steps (Town Manager Eric Heil) Video Start Time: 00:20:23 Town Manager Eric Heil delivered his presentation related to Downtown Development Authority Election, election results and updated Councilors on next steps. Questions from Council included how many applications to sit on the DDA have been received. DDA boundaries were displayed for the public to be reminded of the DDA surface coverage, along with mention of the deadline to receive applications to the DDA on September 20, 2023, so that Council may review candidates during the September 26, 2023, Council Meeting. During Public Comment, Wayne Hanson took the podium to mention that he'll fill out an application to become a member of the DDA. No other public comment was made in person nor on Zoom. 5.3.Work Session: Capital Project Fund and First Draft Long -Range CIP (Public Works Director Eva Wilson) Video Start Time: 00:28:15 Public Works Director Eva Wilson delivered her presentation on the Capital Project Fund and First Draft Long -Range CIP. Deliberations from Council covered the topics of the Nottingham Park Rec Improvements Grant applications for the Skate Coalition, and potential for an additional DOLA Grant for the Skate Park. Here, Councilor Hardy expressed she still objects to the placement of the skate park at the old Town Hall location, and said it is manipulation to use the DOLA grant to tie it to that location. Mayor Pro Tern Underwood noted she does not see manipulation since adding a skate park is a social element required essential to the application of that DOLA Grant. Town Manager Eric Heil reminded Council the budget includes the ability to build prefabricated bathrooms and more park space at the old Town Hall location, while the skate coalition grant can be used elsewhere and securing the award of the DOLA grant is not guaranteed. Comments from Councilors on discretionary projects included those from Councilor Carroll who noted this is an ambitious workload. He asked staff to add the presentation to the Town's website and to email it to Councilors. There were deliberations of what is covered here versus the budget retreat. Councilors Hardy and Thuon inquired on the status of Project Thor's broadband connectivity. Direction from Council was to move forward with the First Draft Long -Range CIP as presented. No public comment was made in person nor on Zoom. 2 AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 12, 2023 . v o n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.4.Public Hearing: Resolution 23-19 Approving 2nd Amendment to 2023 Budget (Incoming Finance Director Paul Redmond) Video Start Time: 01:55:55 Finance Director Paul Redmond delivered his presentation related to Resolution 23-19 approving the 2nd amendment to the 2023 Budget. Questions from Council included a note that the paper bag fund could help alleviate the cost of recycling containers Avon will be purchasing, and a conversation around Avon's sponsorship of the Mountain Towns 2030 Conference. Mayor Pro Tern Underwood noted nothing was a surprise and it works well to make these budget amendments that are transparent and well communicated, adding the Town stays on budget quite well and thanked staff. Mayor Philips opened the Public Hearing, and no public comment was made in person nor on Zoom. After deliberations, Councilor Stanley made a motion to approve Resolution 23-19. Councilor Andrade seconded the motion. It was approved unanimously with a 7-0 vote. 5.5.Resolution 23-11: Housing Guidelines (Senior Planner Jena Skinner) Video Start Time: 02:10:15 Community Development Senior Planner Jena Skinner delivered a presentation related to a proposal for revised Housing Guidelines. Questions from Council included discussion on the forms to be approved by Council as part of the guidelines. Councilor Carroll noted that under the definitions section, it is unclear if income refers to gross income. He further inquired on the objective behind allowing trusts to hold this type of housing and was advised it is to mitigate capital gains and be more efficient in estate planning situations, adding that eligibility requirements and deed restrictions do not change even if property is put in a trust. Mayoral comments included that all topics covered under Chapter 4, Section D will be addressed in a separate work session. Deliberations among Councilors also included the topic of requiring inspectors to be licensed. Additionally, the pros and cons for Council to review appeals, which they elected not to based on the administrative nature of this process. During public comment, Maria de Simone, resident of Wildwood Townhomes North, a Deed Restricted property, took the podium. She was joined by her neighbor Genie Le Sasso. They stated that valuations of Wildwood Townhomes are low, and the price cap makes ordinary maintenance and repairs for the property almost impossible to keep up with. Senior Planner Skinner noted she is aware of this type of ongoing issue with existing deed restricted programs where there are challenges of maintenance and upkeep versus property values. Town Manager Eric Heil proposed for the Town to work on a voluntary deed replacement for old deed restrictions, where they need to be willing to apply for the replacement deed restriction. He stated this is a next step which can be included in future conversations and added the form of deed restriction needs to get approved first, before the Town can revisit existing deed restrictions that need updating. 3 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 12, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Ms. Kathleen Garcia, resident of Wildwood Townhomes South, took the podium and said that her home's value is less than the cost to maintain it and asked that the value get updated. Ms. Robyn Syphers, resident of Wildwood Townhomes North, took the podium and said she cannot move because value of her home is so low. She asked for something to change in her home's valuation to stay comparable to other newer deed restricted properties. Mayor Pro Tern Underwood asked for a self-imposed deadline to review Chapter 4, Section D, and asked staff to bring a form proposal back to the October 24 Council Meeting. She noted this is a complex policy decision and they need to weigh different options. Mr. Dick Hanney, resident of Wildwood Townhomes North, asked who he can give his suggestions to on how to address the deed restrictions at his HOA, and was directed to Senior Planner Skinner to communicate his suggestions. Councilor Carroll noted there are 21 owners at Wildwood Townhomes and asked Town staff to work together with them to receive their valuable input. No other public comment was made in person nor on Zoom. After deliberations, Councilor Carroll made a motion to approve Resolution 23-19, with the exclusion of Chapter 4, Section D, Page 14 of the Housing Guidelines which will get further reviewed by Council during the October 24, 2023 Council Meeting. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 6. MINUTES 6.1.Approval of the August 22, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 03:07:20 With no discussion or correction, Councilor Carroll moved to approve the Minutes from August 22, 2023, as presented. Councilor Stanley seconded the motion. They were approved unanimously with a 7-0 vote. 7. WRITTEN REPORTS 7.1.Salute to the USA 2023 Update (CASE Manager Danita Dempsey) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:08:07 Councilor Thuon thanked Town staff for their work at the O'Neal Spur Pocket Park, and indicated that tree trimming may be needed around the horse statues in roundabout 2 so they are more visible. 4 AVON REGULAR MEETING MINUTES A TUESDAY SEPTEMBER 12, 2023 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Councilor Stanley thanked CASE staff and volunteers for their work with races, concerts and a multitude of activities, noting park use was amazing this summer. She also reminded the public of Avon's community picnic to take place on Thursday, September 14, 2023 at 5:30 pm. Mayor Phillips reminded the public that Avon will be hosting the Eagle Valley Transportation Authority Meeting tomorrow, September 13, 2023 at 12:00 p.m. with exciting conversations around planning ahead for transportation during the 2023-2024 ski season. Deputy Town Manager Patty McKenny reminded those in attendance of the open house at Eagle Bend Apartments' pocket park tomorrow, September 13, 2023 at 5:30 p.m. She added Avon Rec Director Michael Labagh will be present, with some catering provided by Rocky Mountain Taco. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 08:13 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.highfivemedia.org. APPROVED: Mayor Amy Phillips Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon RESPECTFULLY SUBMITTED: Miguel Jauregui Cas4huiva, Town Clerk 5