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TC Minutes 01-09-2024AVON REGULAR MEETING MINUTES A TUESDAY JANUARY 9, 2024 ,avon 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 virtually via Zoom.us. Mayor Amy Phillips called the January 9, 2024, Council regular meeting to order at 5:10 p.m. A roll call was taken, and Councilors present in person were Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilor Chico Thuon joined the meeting virtually at 5:13 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Planning Manager Jena Skinner, Housing Long Term Planner Patti Liermann, Rec Director Michael Labagh, HR Manager Karyne Spadi, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:10:31 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tern Underwood indicated that Business Item 5.5 was noticed as a public hearing and confirmed with Town Attorney Nina P. Williams that it is not a legal requirement for that business item. Since it is not, Mayor Pro Tern Underwood asked that the public hearing be removed from Business Item 5.5, leaving in an allowance for public comment in lieu of the public hearing. Without further discussion, Councilor Stanley motioned to approve the Agenda, as amended. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present at that time. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:12:16 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:12:50 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 virtually. Tim McMahon, resident of Avon, took the podium to state that Town Council did not hold a council meeting for a month, and he considers they are not working hard enough for their constituency. He noted there are abuses related to parking on private property in Avon and Council can regulate the issue. He invited residents of Avon to run for Council. Jenny Hetei, business owner in Avon, took the podium and stated she is concerned about managed parking at Hoffman Properties and provided an example of a lost customer due to paid parking on private parking. She added it is not conducive to good business practices and Hoffman needs AVON REGULAR MEETING MINUTES TUESDAY JANUARY 9, 2024 Av %J n HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO pressure from Council because she feels it is a disaster. Susan Harding Bryant, business owner in Avon, took the podium and stated that signage is inadequate for managed parking. She added she does not oppose managed parking but believes the roll -out was inadequate and current signage is difficult to see, which has forced her to post unsightly signage inside her business to warn customers of managed parking. She mentioned that conversations at her business now usually revolve around parking instead of pleasantries. She added that Hoffman Properties should put a gate attendant to manage parking correctly and she has been unable to talk to Hoffman and expects Council would be more successful in doing so. Patty Sommerville, business owner in Avon, took the podium and stated the Town receives her small-business tax dollars, and in return she should receive protection for her small business interests by regulating parking on private property. She highlighted an example of a patron who got an $87 dollar ticket. She asked Town Officials for protection because she feels it is out of control. She stated that Hoffman refuses to talk to her and other small business owners. Joe Peplinski, business owner in Avon, took the podium and thanked Avon Council for their proactive efforts in mitigating the impact of Covid on local business owners during the pandemic. He added he is here to speak of parking issues at Hoffman Properties, noting he understands it is an issue occurring on private property. He added examples of complaints of parking and signage at Hoffman, including operations of 5-star valet at the Annex building where his business is a tenant. Virginia Nicolai, resident of Avon, took the podium and noted managed parking is creating problems for everyone in Town, especially her commercial neighbors. She also spoke of others in Town impacted by it who she feels are being preyed upon because of poor signage and bad communication. She stated the immigrant population is most affected by Hoffman's managed parking and this is an unintended consequence that needs to be addressed. She added a personal preference that Avon should revert back to free parking everywhere, because Avon is not like Vail and affects year-round locals. Donna Arenschield, business owner in Avon, took the podium and agreed with what most said before her. She added that although this is an issue on private property, signage is an issue and there is no ticket gate or attendant for parking at Hoffman. She asked for a ticket gate to be required and asked what Council can do for Hoffman tenants other than them retaining legal counsel. Sarah Smith-Hymes, resident of Avon, advised that she is running as Candidate for Eagle County Commissioner for the District 2 seat, as Democrat, vying for Kathy Chandler -Henry's seat. She explained the steps required to get on the ballot to become an Eagle County Commissioner. No other public comment was made in person nor virtually. 2 AVON REGULAR MEETING MINUTES A TUESDAY JANUARY 9, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O 5. BUSINESS ITEMS 5.1.Joint Meeting with Board of County Commissioners of Eagle County (Town Manager Eric Heil) Video Start Time: 00:41:35 Town Manager Eric Heil introduced County Commissioners Matt Scherr, Kathy Chandler -Henry, Jeanne McQueeney, and noted there has not been a joint meeting with Commissioners in some time. He indicated the three topics to be covered at this meeting are water conservation and landscaping regulations, introduction of the idea of a multi -jurisdictional housing authority and pending legislation for the 2024 legislative session. Town Manager Heil introduced Planning Manager Jena Skinner who delivered a presentation related to new landscaping regulations. Emily Seddon, Eagle County Natural Resources Planner joined her at the podium to speak of landscaping regulations at a County level. Commissioner Kathy Chandler -Henry spoke of water conservation under land use codes. Mayor Pro Tern Underwood suggested the launch of an educational campaign from all governmental agencies in collaboration with Eagle County and Eagle River Water and Sanitation targeting landscaping, specifically for landscape transformation to get rid of the Kentucky bluegrass. Councilor Hardy asked Commissioners what the County is doing for water conservation at Golf courses in the County and Commissioner Chandler -Henry stated the County is not working directly with them. Mayor Phillips added the Town will soon put out a mailer related to these topics and thinks it will be a good opportunity to dual brand a message pertaining to noxious weed and landscape transformation. Mayor Pro Tem Underwood and Commissioner Chandler -Henry spoke of Shoshone water rights and the future of the Shoshone Power Plant. No public comment was made in person nor virtually. Town Manager Eric Heil delivered a presentation related to the proposal of a multi -jurisdictional housing authority and referenced the successes of the Eagle Valley Transit Authority. Tori Franks, Eagle County Resiliency Director, took the podium to add that they look forward to the State Land Board Project which will allow Eagle County and Avon to work on a housing project together. County Manager Jeff Shroll noted a multi -jurisdictional housing authoritywould not take away from the local municipalities' ability to regulate their local housing plans and could be an asset. Town Manager Eric Heil delivered a presentation related to the 2024 legislative session and updated Council on legislative plans impacting Avon and its regulatory interests. Councilors and Commissioners asked questions, received answers, and deliberated on the different pieces of legislation coming out in 2024, including those related to short term rental and land use. At 7.10 p.m., Mayor Phillips asked for a brief 5-minute recess. At 7.16 p.m., Mayor Phillips reconvened the Meeting. 3 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 5.2.PUBLIC HEARING: RESOLUTION 24-01 DETERMINING THE STATE LAND BOARD PROPERTY Is ELIGIBLE FOR ANNEXATION PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:09:01 Town Manager Eric Heil delivered a presentation on behalf of Planning Director Matt Pielsticker related to Resolution 24-01 determining the State Land Board Property's eligibility for annexation, and explained this is the second of three administrative steps for the annexation. He explained that this step is intended to officially state that the property is eligible for annexation. Heil then introduced Elliot Hoyt, Pedro Campos, and Kim Martin with the State Land Board who took the podium to greet Council. Councilor Hardy asked Heil what the plan for the annexed land will be in the future, and he responded that Town Staff expect to be reviewing applications for approximately 700 deed restricted items of housing, 60,000 square feet of commercial space and some parks and firefighting infrastructure. Heil noted the timeline for these goals will extend over years of development. Ms. Martin added that the preliminary draft of the annexation agreement is currently being negotiated and Council will see next steps in late February or March, after they have worked on it with Town Staff. Mayor Pro Tern Underwood then exchanged thoughts on the proposed Comprehensive Plan amendment to incorporate new community housing definitions and zoning concepts for the annexed land and its future development. Mayor Phillips opened the floor to the public hearing, and Brian Davis, owner of Pier 13 Liquor located in the area to be annexed, took the podium to speak of a request for Council to hold -off on Avon sales tax collection until after that land gets redeveloped. He also asked the developer and Council to consider first right of refusal for access to the 60,000 square feet of commercial space. Kevin Kelly, owner of Get Hi Gallery in the Area to be annexed, also spoke of the tax measures that will impact his business but not his two direct competitors that are nearby but outside of the annexation boundary. Maxwell Eley, owner of Vail Valley Welding and Fabrication in the Area to be annexed, spoke of his nervousness to be annexed based on the impact to industrial zoning that is as of yet undetermined. Councilor Andrade received and read into the record a public comment from Tim McMahon, resident of Avon, who expressed his concern that the area to be annexed will impact locals who live in the area, and he notes are being forced out to make way for Avon workforce housing. No other public comment was made in person nor virtually. Councilor Hardy highlighted that the state plans to make workforce housing, regardless of the annexation and said the Town is not impacting locals in the way described since that process was already ongoing before the annexation began. 4 AVON REGULAR MEETING MINUTES A TUESDAYJANUARY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Councilor Stanley asked if the Town could reach out to those displaced, and Heil stated they are State Land Board tenants, and the Town will work with them on the issue. Mayor Pro Tern Underwood asked for Town Staff to prepare answers to the questions raised during public comment for Council's review the next time this item is addressed by Council. After deliberations, Councilor Hardy motioned to approve Resolution 24-01. Mayor Pro Tern Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 5.3.PUBLIC HEARING: Ordinance 24-01 Adopting Amendments to Avon Development Code (Planning Manager Jena Skinner) Video Start Time: 02:37:51 Planning Manager Jena Skinner delivered her presentation related to Ordinance 24-01 adopting amendments to Avon's Development Code. She fielded questions from Council related to the Ordinance amendment along with discussions on the amendment from Ordinance 24-02. Council had a detailed discussion with Staff related to Proposed Zone Districts that would be adopted. Mayor Phillips asked if language included in CTA230002 paragraph 4 could be amended to replace "a stable community... young professionals." with "opportunities for families, professionals and retirees." Mayor Phillips opened the floor to the Public Hearing and no public comment was made in person nor virtually. Mayor Pro Tern Underwood highlighted that some words were missing in the Code's amendment and shared those and other requested changes with Senior Planner Jena Skinner to ensure they are incorporated ahead of second reading of Ordinance 24-01. At 8:37 p.m., Councilor Thuon disconnected from the meeting. After deliberations, Mayor Pro Tern Underwood motioned to approve the first reading of Ordinance 24-01, as presented with the understanding that her notes will be added ahead of second reading. Councilor Hardy seconded the motion. It was approved with a 6-0 vote of those present. 5.4.PUBLIC HEARING: Ordinance 24-02 Adopting Amendments to Avon Comprehensive Plan (Planning Manager Jena Skinner) Video Start Time: 02:37:50 Planning Manager Jena Skinner delivered her presentation related to Ordinance 24-02 adopting amendments to Avon's Comprehensive Plan. She fielded questions from Council related to the Ordinance amendment along with discussions on the amendment derived from Ordinance 24-01. 5 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO Mayor Pro Tern Underwood noted pages were missing from the Comprehensive Plan attachment and asked Staff to provide them ahead of second reading. Town Manager Eric Heil noted the issue of the missing pages and recommended that the first reading of Ordinance 24-02 be continued to the January 23, 2023, Regular Council Meeting where the entirety of the necessary materials will be presented to Council in its packet. He added that the missing pages will be sent to Councilors tomorrow, to give them ample time to review them. Mayor Phillips opened the floor to the Public Hearing and no public comment was made in person nor virtually. Mayor Pro Tern Underwood provided additional comments to Senior Planner Jena Skinner on suggested amendments to the Comprehensive Plan, asking that Community Housing be added, and Staff include more aspirational verbiage in the Plan. Councilor Hardy suggested that the FLUM and graphics colors included be fine-tuned to facilitate ease of reading. At approximately 8:50 p.m., Councilor Thuon reconnected to the meeting. At 8:55 p.m., Councilor Stanley stepped away from the meeting. After deliberations, Mayor Pro Tern Underwood motioned to continue the first reading of Ordinance 24-02 to the January 23, 2024, Regular Council Meeting. Councilor Hardy seconded the motion. It was approved with a 6-0 vote of those present. At 8:58 p.m., Councilor Stanley rejoined the meeting. 5.5.a1161 I'' "E^R' Consideration of US6 Safety Improvement Designs (Public Works Director Eva Wilson) Video Start Time: 03:48:42 Public Works Director Eva Wilson delivered her presentation related to US6 Safety Improvement Designs. She detailed Option 1 which would implement a traffic signal and Option 2 which would not require a traffic signal. She noted that Staff recommends Option 2 with no -traffic signal and further explained that Staff requests Council authorization to issue a Notice of Award for the design of the US6 Safety and Mobility Improvements Project as approved in the Town of Avon 2023 Capital Projects Fund. Councilor Thuon noted that they are considering the price of a life in deliberating on these options which is very significant and stressed that there needs to be some pedestrian lights added to the pedestrian crossing. For this reason, he said he supports a traffic signal and Option 1. Councilor Stanley asked the type of light to be added under Option 1, which would be a traditional traffic signal and she added that from the feedback she has received, the public favors Option 1. AVON REGULAR MEETING MINUTES A TUESDAYJANUARY 9, 2024 ,avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM C O L O R A D O Town Manager Eric Heil indicated that if Council favors Option 1, they will find a way to figure out funding sources for this project. Mayor Phillips asked if Wilson was able to find 2022-2023 ridership counts for the two bus stops on either side of the Stonebridge intersection, and Wilson was able to find 2022-2023 ridership counts for the two bus stops on either side of the Stonebridge intersection, and Wilson responded a daily average of 203 bodies for both stops in winter of 2022/23 and 183 bodies for both stops summer of 2023. Mayor Phillips speculated that with the pending conversion to EVTA Fare Free Highway 6 route she believes ridership will increase by approximately 200 people per day for the 2024/2025 ski season. No public comment was made in person nor virtually. During deliberations, Councilor Hardy mentioned she believes the County should help pay for the traffic signal given that Avon helped pay for improvements to the County's bike path that could've been used to fund this project. Mayor Phillips added that the speed limit is already at 35 mph in certain sections of state highway 6 so the Town should soon be able to install a crosswalk at River's Edge. She asked Wilson to work on a project to put in a crosswalk with flashing beacons at that location. She also noted that this project started 12 years ago, 6 years ago there was a meeting with C-DOT where they said there could only be a roundabout and not a traffic signal there, and now they are supporting a traffic signal which shows C-DOT's positions change in time and may facilitate crosswalks in the future. Mayor Pro Tern Underwood motioned to authorize the issuance of Notice of Award for the US 6 Mobility Improvement Project: Task Order 2.6 Final Design to Stolfus and Associates in the amount of $249,500 as approved by the Town of Avon Capital Projects Fund under Option 1 of the packet. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 6. MINUTES 6.1.Approval of December 12, 2023, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 04:27:57 Mayor Pro Tern Underwood presented a motion to approve the Minutes from December 12, 2023. Councilor Stanley seconded the motion. They were approved unanimouslywith a 7-0 vote. 6.2.Approval of December 19, 2023, Special Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Mayor Pro Tern Underwood presented a motion to approve the Minutes from December 19, 2023. Councilor Stanley seconded the motion. They were approved unanimously with a 7-0 vote. 7. WRITTEN REPORTS 7.1. iMi Casa Avon! Program Update (Housing — Long Range Planner Patti Liermann) ** Indicates topic will be discussed at future agenda's AVON REGULAR MEETING MINUTES TUESDAY JANUARY 9, 2024 Avon HYBRID MEETING; IN -PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM COLORADO 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:29:09 Councilor Hardy asked for Council to prioritize the discussion of a flag policy as soon as practicable, along with addressing managed parking issues, regulations and signage on private property. She added that Avon fireworks are back on Saturday, January 13, 2024, and she is excited to share them with the community. She asked that Agendas be more carefully labeled under each business item to specify the form of discussion to take place. Councilor Carroll mentioned that he has received feedback and observed that the Wildridge Skier Shuttle appears to be used well enough and he looks forward to ridership numbers. Mayor Phillips asked for a Construction Update Memo to be added to Written Reports. She echoed support to analyze parking regulations on private property soon. She added she remains neutral on flag policy issues and defers to the Town Attorney on prioritizing it. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 9:44 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: Miguel Jauregui Cas,?(nuVva, Town Clerk s