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TC Minutes 11-14-2023AVON REGULAR MEETING MINUTES A TUESDAY NOVEMBER 14, 2023 avon IN -PERSON MEETING AT AVON TOWN HALL C O L O R A D O NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in -person at Avon Town Hall but not virtually nor Zoom.us due to technical difficulties experienced at Avon Town Hall. Mayor Amy Phillips called the November 14, 2023, Council regular meeting to order at 5:13 p.m. A roll call was taken, and Councilors present were Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tern Tamra Underwood, and Mayor Phillips. Councilor RJ Andrade joined the meeting at 5:36 p.m. Councilor Chico Thuon joined the meeting at 6:30 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Avon Police Chief Greg Daly, Finance Director Paul Redmond, Public Works Director Eva Wilson, Avon Rec Director Michael Labagh, Planning Director Matt Pielsticker, Planner 1+ Max Morgan, and Transportation Operations Superintendent Jim Shoun. 2. APPROVAL OF AGENDA Video Start Time: 00:14:00 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Phillips asked that Written Report 7.2 (2024 Community Grants Update) be added for discussion after Business Item 5.9 of the Agenda, and Written Report 7.3 (Wildridge Skier Shuttle Pilot Program Update) be added for discussion after Business Item 5.1. Town Manager Eric Heil requested that Business Item 5.6 (Work Session: Village (at Avon) PUD Amendment for Avondale Apartments and Planning Area E Early Childhood Education & Community Housing) and Business Item 5.8 (Contract for Professional Design Services: Avondale Apartments) be removed from today's Agenda for future discussion. Without further discussion, Councilor Stanley 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: 00:15:44 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:15:56 Mayor Phillips explained that public comment can be made by participating in the meeting in person but not via zoom's video/audio or telephone due to technical difficulties. 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. Mr. Frank Pittser took the podium and stated he is a resident of Avon and a supporter of First Responders and the US Military and its veterans. He wondered if the old firehouse in Avon could be repurposed to host first responders and veterans and asked for Council's help with this project. No other public comment was made in person nor virtually. 1 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 Avon IN -PERSON MEETING AT AVON TOWN HALL COLORADO NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 5. BUSINESS ITEMS 5.1.Proclamation: Colorado Gives Day 2023 (John Weiss, Eagle County Gives Collaborative) Video Start Time: 00:22:40 John Weiss with the Eagle County Gives Collaborative delivered a presentation related to Colorado Gives Day. No public comment was made in person. Mayor Phillips read the proclamation into the record declaring Tuesday, December 5, 2023 as Colorado Gives Day. New Business Item included after 5.1. (formerly Written Report 7.3. Wildridge Skier Shuttle Pilot Program Update (Transportation Operations Superintendent Jim Shoun)] Video Start Time: 00:29:24 Transportation Operations Superintendent Jim Shoun took to the podium to update Council on the Skier Shuttle Pilot Program that will be running while the mountain is open, during peak times. He answered service -related questions from Councilors, including bus stops, dates and times included in the new shuttle pilot program. Councilor Carroll asked how this new shuttle pilot program will be communicated to the community and he was advised it will be through Wildridge neighborhood email group, on the town website, social media and in the local paper. Mayor Phillips suggested to staff that it be called the 'Wildridge Weekend Skier Shuttle Program' so that the title includes 'weekend' in it. Additional deliberations included future ridership goals and past successes and failures. No public comment was made. At 5:36 p.m., Councilor RJ Andrade joined the meeting in person. 5.2.Resolution 23-21: Receiving Annexation Petition and Setting Public Hearing (Town Manager Eric Heil) Video Start Time: 00:41:30 Town Manager Eric Heil delivered a presentation related to the receipt of an official petition for annexation submitted by the State Land Board and recommended to Councilors the approval of Resolution 23-21 for the purpose of setting a public hearing to determine if the property is eligible for annexation. He added that there would be a public hearing on January 9, 2023 which notice must be published in the Vail Daily once a week for four consecutive weeks prior to the hearing. At the request of Mayor Pro Tern Underwood, Town Manager Heil noted that there needs to be an Ordinance approving the Annexation after the Public Hearing deems the parcel is eligible for annexation. No public comment was made in person. After deliberations, Mayor Pro Tern Underwood made a motion to approve Resolution 23-21, amending a typo in the packet that designates it Resolution 23-09 and correcting it to Resolution 23-21. Councilor Ruth Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.3.Work Session: Eagle River Water and Sanitation District Wate and Wastewater Rate Presentation (General Manager Siri Roman, Director of Business Administration David Norris) Video Start Time: 00:46:19 General Manager Siri Roman and Director of Business Administration David Norris took the podium 2 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 Avon IN -PERSON MEETING AT AVON TOWN HALL COLORADO NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES to deliver their presentation related to Water Rights and existing and future water rates. She spoke of the wastewater treatment Facility in Avon and noted that Council will be invited to walk the site in spring of 2024. She spoke of the construction of a new historic reservoir South of Minturn to be called Bolts Lake at a cost of approximately $100 Million which will likely come online in 2029. They fielded questions from Councilor Carroll about the number of individual subscribers, number of Tier 5+ consumers, and the 2024 lawn transformation program. Mayor Pro Tern Underwood asked if the water rate increase will cover debt service for the wastewater treatment project, which Ms. Roman confirmed. During public comment, Steve Coyer, resident of Mountain Star, took the podium to speak of how price increases will work for end users, and used himself as an example at Mountain Star. No other public comment was made in person. As this was a work session, no action was taken by Council. 5.4.Work Session: Skate Plaza Concept Review (Planning Manager Matt Pielsticker, Planner Max Morgan) Video Start Time: 01:17:45 Planner Max Morgan delivered his presentation related to the Skate Plaza Concept. He was joined by Mr. Canton Russel, Director of Design with NewLine SkateParks, who worked on the design of the Avon Skate Plaza and who guided Council in a walkthrough of the Avon Skate Plaza design. They were also joined by Mr. Andy Stone, Director of Engineering for NewLine SkateParks who also presented design considerations for the Avon Skate Plaza. Max Morgan noted that the Planning and Zoning Commission recommended that Council favor Avon Skate Plaza Concept 2 from the Packet. At 6:30 p.m., Councilor Thuon joined the meeting in person. Ample deliberations between Councilors ensued. They discussed how this project coexists with the La Zona project, how it will be managed during special events with temporary fencing, parking considerations, whether the skate park component is sufficient and balanced within the plaza component, and what the highest and best use is for this parcel. Councilor Thuon asked if this location is being imposed by Town Staff. Councilor Hardy noted that Council did not chose this location. Town Manager Eric Heil provided Council a historical recap of Council feedback which led to favoring this site. Councilors Thuon and Hardy questioned if this is the highest and best use for this land. Town Manager Heil indicated that Town Staff also considered the old firehouse, but this was earmarked for a civic center and is a better location for a structure than the old Town Hall site. Mayor Pro Tern Underwood asked for Town Manager Heil to expand on the urgency of bathrooms in the area that accompany the Skate Plaza project, and he noted the Town is ready to install modular bathrooms along with this or any project but the plan is to start construction in May of 2024. Councilor Hardy asked if the bathrooms can be built without the Plaza and Mr. Heil noted 3 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 Avon IN -PERSON MEETING AT AVON TOWN HALL COLORADO NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES that they are interconnected but the bathrooms can be built without the Skate Plaza. Councilor Stanley expressed concern at hundreds of skateboarders skating on the bike paths leading to the Skate Plaza and noted skateboarders may have to be banned from skateboarding in bike paths around the park. During public comment, Pedro Campos, a member of the CASE Committee, took the podium and spoke of his recollection of many discussions over the years around the highest best use for this parcel. He recapped the projects considered for that location since 2004. He added that he led the project in Telluride for a Skate Plaza, and highlighted they coexist very well. He noted CASE was excited for the space, and there could even be space specific events for the plaza which was an exciting opportunity for CASE Committee Members. Mayor Pro Tern Underwood asked the record to reflect that she received a text message from former Councilor Scott Prince at 7:44 p.m. which she read into the record and spoke against the Skate Plaza being built at that location. Champ McNair, resident of Avon, spoke of his and his dad's shared enjoyment of skateboarding. He spoke in favor of the Skate Plaza as presented in the center of town. He said he enjoyed the Edwards skate park and hopes that Avon can have the same opportunity. William Golacki, a resident of Edwards, said the Edwards Skate Park created a community space for him to relate locally, noting the Avon Skate Plaza will add to Avon's experience. He added the location proposed in the middle of town is desirable to facilitate access to the Plaza. Jason Fines, a resident of Avon, spoke in favor of the Skate Plaza. He said his son would benefit greatly from the Plaza, as would the Community. He added that he considers this won't become a novelty and will have continuous use and will be an attraction for the community long-term. Joe Otremba, resident of Avon, said he has 2 sons who like to skateboard and having this Skate Plaza in Avon would be nice for them to start skateboarding locally. He said he likes the location proposed and it would be helpful to add it to spaces where children can recreate. Rachel Stroker, resident of Miller Ranch, who lives next to the Edwards skate park said there is so much growth in use that there needs to be more places for kids to go skateboard, and having a Skate Plaza close to Edwards would help provide more exterior safe spaces in the Valley. She said the proposed location for the Avon Skate Plaza is easily accessible on the bus for kids in the area. She also advocated that Minturn and Eagle should also add skate parks. Nico Otremba, resident of Avon, spoke in favor of having a skate plaza in Avon where he resides so that he doesn't have to commute to other places to skateboard. He added the smaller Gypsum skate park is sufficient and having one bigger in Avon would be amazing. 4 AVON REGULAR MEETING MINUTES A TUESDAY NOVEMBER 14, 2023 Avon IN -PERSON MEETING AT AVON TOWN HALL COLORADO NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES Clare Alteneau, resident of Avon, and Executive Director of a local non-profit that runs skateboarding camps in the summer, spoke in favor of the Skate Plaza. She added the skateboarding camps are crowded and are getting overbooked. She highlighted Avon needs to add a Skate Plaza and she already has programming that will help maximize use of the space. She said that skateboarding is a sport that has a low barrier of entry compared to other local sports. Ben McNair, resident of Avon, spoke in favor of the Skate Plaza and addressed the stigmas around skateboarding. He said no one would demand fencing around the Park if this was another sport such as volleyball. He highlighted that Avon needs a Skate Plaza in the location proposed where its accessibility is key and the best use for the space. He encouraged Council to listen to the community and their feedback. Amy Lewis, resident of Eagle Vail and a member of the Avon Skate Coalition, spoke in favor of this community -driven project. She noted it is grass roots and she has been working on it for 4 years with strong community support. She asked Council to hear the community and consider this initiative and said a Skate Plaza deserves that view and is the best spot for this project. No other public comment was made in person. After additional questions, Councilor Stanley noted that she hears public comment and will support this location for the Skate Plaza. Councilor Hardy thanked public input and said that she does not believe this is the best location for a Skate Plaza. She added she is blown away by the passion of those involved. She said she wished there was a skate park in Eagle or Eagle Vail or Minturn in lieu of this proposal in Avon which would use a tiny piece of land with huge value. She said she is not against the skate park itself but against this location. She said she is worried about parking issues and rogue skateboards. She said she prefers to finish La Zona first and wants to see the Skate Plaza located by the Tennis Courts instead. She closed remarks saying it is a land use planning mistake. Councilor Andrade stated he was initially opposed to this location but only because he wanted the best skate park possible. He added that the assurances of the Skate Plaza designers that this will be an excellent skate park within the Skate Plaza makes him fully in favor now at this location. Mayor Pro Tern Underwood spoke of the grass roots effort to raise funds and make this project happen. She noted there is stigma associated with skateboarding and highlighted it brings equity, diversity, inclusion, and positive mental health impacts. She supports it and this location. Councilor Carroll thanked everyone who came to the meeting and voiced their opinions. He said this could be a great gathering place for the youths in the community. He used the West Avon Preserve as an example of a space where some did not want bike and hike trails but ultimately they t AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 ,avon IN -PERSON MEETING AT AVON TOWN HALL COLORADO NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES had a positive impact. He spoke in support of this location and this design. Councilor Thuon said he does not think it is highest and best use for this location. He said he does not want a concrete jungle in the park and has had horrific to awful experiences in other skate parks because of foul mouths and lack of respect. He said if this proceeds, he wants a mission -vision statement with respect to families and Town. He added he doesn't think Avon does a great job at caring for its parks and has issues with the park near his home. He said there needs to be ownership from the coalition as far as taking care of this thing. He closed remarks stating that his instinct and gut says the Town needs to do this, so let's do it and ended his remark in support of this location. Mayor Phillips noted that the Skate Plaza deserves the million -dollar view that comes with that location, and everyone should be able to enjoy it. She asked for the design to be as non -concrete in appearance as possible. She added the kids who live in Avon will be able to get to it in a free bus without needing to travel 3 miles on a skateboard to the Edwards Skate Park which is not as easy as it sounds. She said this will be an added activity to the park, a homerun, and spoke in support of it. Town Manager Eric Heil noted that majority consensus is to move forward with the final design at this site and heard Council interest in seeing the final design so he will come back to Councilors with an additional presentation sometime between January and February of 2024. As this was a work session, no action was taken by Council other than giving staff direction, as indicated. At 8.28 p.m., Mayor Phillips declared a brief recess and Council reconvened at 8:40 p.m. Upon reconvening, Councilor Andrade noted he will need to leave to go back to work at 9:00 p.m. and apologized to his fellow Councilors for his early departure from the Meeting. 5.5. Work Session: Operations Garage Design (Senior Project Engineer Drew Stewart) Video Start Time: 03:28:20 Public Works Director Eva Wilson delivered a presentation related to the Operations Garage Design as it relates to the Public Works Complex. Councilor Hardy asked questions related to costs and was advised the biggest cost is the foundation and prefabricated elements. She said she had sticker shock from the cost. No public comment was made in person. As this was a work session, no action was taken by Council other than giving staff direction, as indicated. 5.6.Work Session: Village (at Avon) PUD Amendment for Avondale Apartments and Planning Area E Early Childhood Education & Community Housing (Town Manager Eric Heil) This business item was removed from the Agenda for this meeting. 5.7.Public Hearing: Proposed 2024 Budget (Finance Director Paul Redmond) Video Start Time: 03:34:45 AVON REGULAR MEETING MINUTES A TUESDAY NOVEMBER 14, 2023 avon IN -PERSON MEETING AT AVON TOWN HALL COLORADO NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES Finance Director Paul Redmond delivered his presentation related to the adoption of the proposed 2024 Budget. He was joined by Rec Director Michael Labagh who fielded questions related to the adjustment in Rec Fees for out-of-towners and a redefinition of 'older adults' age range. After deliberations, Town Manager Eric Heil recapped that there's room to raise the rate for out- of-town adults from $18 to $22. Also, that staff will adjust other rates accordingly. With a 4-2 vote, Councilors elected to keep the definition of older adult unchanged with Mayor Phillips and Councilor Hardy in the minority. At 8:54 p.m., Councilor Andrade exited the Meeting. Mayor Phillips opened the floor to the public hearing and no public comment was made in person. As this was a Public Hearing to receive feedback on the 2024 Proposed Budget, no action was taken by Council at this time. 5.8.Contract for Professional Design Services: Avondale Apartments (Town Manager Eric Heil) This business item was removed from the Agenda for this meeting. 5.9. DOLA Grant Opportunities Update (Town Manager Eric Heil) Video Start Time: 03:56:21 Town Manager Eric Heil indicated that this item should also have been removed from the Agenda as there is no need to discuss it given that it relates to the Avondale apartments that are on hold, which concluded the discussion. New Business Item included after 5.9. [formerly Written Report 7.2. Community Grants Update (Communications Manager Liz Wood)] Video Start Time: 03:56:51 Councilor Caroll stated that he asked for this item to be added to the Agenda to detail that he is very impressed by the amount of work behind the Community Grants Group and there is a lot of thought and care to how funds are allotted. Councilor Hardy also supported this message. 6. MINUTES 6.1.Approval of the October 24, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 03:58:11 Councilor Stanley moved to approve the Minutes from October 24, 2023. Councilor Hardy seconded the motion. They were approved with a 6-0 vote of those present. 7. WRITTEN REPORTS 7.1. November 7 Planning & Zoning Commission Abstract (Planner I+ Max Morgan) 7 AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 14, 2023 Avon IN -PERSON MEETING AT AVON TOWN HALL COLORADO NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES 7.4. CASE Committee Meeting Minutes Sept 21, 2023 (CASE Manager Danita Dempsey) 7.5. Bi-Monthly Sustainability Updates (Sustainability Coordinator Charlotte Lin) ** Indicates topic will be discussed at future agenda's 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:00:1S Councilor Thuon noted there have been texts and emails going back and forth about utilizing flag poles to fly the Israeli flag in support of Israel and he would like a discussion because he supports the idea, and the town has supported the flag of Ukraine and the flag of LGBTQ. He said the U.S. government supports Israel and the Town needs to be uniform, but he has heard rumors that Avon should separate church and state and he does not see this as a church and state thing, and we need to support our partners around the world. At the direction of Mayor Phillips, Town Manager Karl Hanlon reminded Council that there is no formal policy in place to turn the flagpole into a formal public forum but there were discussions in 2022 and 2023 around it. He added that for it to remain government speech, it needs to come by request of Councilors. Councilor Thuon stated that it is his request that Council consider flying the flag of Israel as government speech on behalf of Avon. Councilor Hardy said she is not prepared to speak on this but worries about flying the flag of Israel given the complexity of the conflict. Councilor Stanley said she is not in favor of any flag being flown and will abstain. Mayor Pro Tern Underwood noted there is a distinction between supporting LGBTQ in the Community and the Pride event Avon hosts. She said she welcomes sincere authentic community -based speech. She added her heart breaks for Ukraine, Israel, and the Palestinian people caught -up in conflict. She stated she voted against flying the Ukrainian flag not because she hates it but because this forum is not the place to speak on massively complicated issues of international relations. She noted she supports democracy and hates that Hammas killed innocent civilians in Israel, but it is different than supporting the Pride flag and she would vote against flying the flag of Israel. Councilor Carroll said this is not the time or place for this type of decision. Mayor Phillips said she understands why some members of the community want to fly the Israeli flag and highlighted there should be a separation between church and state in the context of religious wars. She wondered if flying the Israeli flag would support a state that 8 AVON REGULAR MEETING MINUTES A TUESDAY NOVEMBER 14, 2023 Avon IN -PERSON MEETING AT AVON TOWN HALL COLORADO NOT AVAILABLE VIRTUALLY THROUGH ZOOM DUE TO TECHNICAL DIFFICULTIES does not separate church and state. She said that for this reason, she would not support it. She agreed with Mayor Pro Tern Underwood and said that flying the Pride flag is different. She said that flying the Israeli flag would not produce anything positive in the community. Councilor Thuon closed remarks indicating there was nothing more to say on the topic. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 09:23 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 Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon RESPECTFULLY SUBMITTED: __ /Tal_// Miguel Jaureg I sanueva, Town Clerk 9