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TC Packet 05-14-2019 AVON TOWN COUNCIL MEETING AGENDA TUESDAY MAY 14, 2019 MEETING BEGINS AT 4:00 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM 1. CALL TO ORDER AND ROLL CALL 4:00 2. TUTORIAL ON TOWN’S OUTSTANDING DEBT (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT) (40 MINUTES) 4:00 3. APPROVAL OF AGENDA (MAYOR SMITH HYMES) 5:00 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.] 5:05 5. BUSINESS ITEMS 5.1. PRESENTATION: LAW ENFORCEMENT EXECUTIVE CERTIFICATION TO CHIEF GREG DALY (5 MINUTES) 5:10 5.2. PRESENTATION: SWEARING IN AND BADGE PINNING CEREMONY FOR POLICE OFFICERS ZACHARY HAYNES AND REECE ELLSWORTH (10 MINUTES) 5:15 5.3. PRESENTATION: CLIMATE ACTION COLLABORATIVE ANNUAL REPORT (KIM SCHLAEPFER, CLIMATE ACTION COLLABORATIVE) (20 MINUTES) 5:25 5.4. PRESENTATION: DIRECTION REQUESTED: 100% RENEWABLE ENERGY THROUGH THE HOLY CROSS RENEWABLE ENERGY PURCHASE PROGRAM (MIKE STEINER, HOLY CROSS ENERGY) (30 MINUTES) 5:45 5.5. INTERVIEWS OF CULTURAL, ARTS, AND SPECIAL EVENTS COMMITTEE CANDIDATES AND APPOINTMENT OF 7 MEMBERS (DEPUTY TOWN MANAGER PRESTON NEILL) (60 MINUTES) 6:15 5.6. FIRST READING ORDINANCE 19-03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY HOUSING REQUIREMENTS (PLANNING DIRECTOR MATT PIELSTICKER) (45 MINUTES) 7:15 5.7. RESOLUTION 19-11 APPROVING A LEASE AGREEMENT WITH VAIL TENURE, LLC FOR WORKER HOUSING AT THE 351 BENCHMARK BUILDING (OLD FIRE STATION) (DEPUTY TOWN MANAGER PRESTON NEILL) (10 MINUTES) 8:00 5.8. RESOLUTION 19-10 APPROVING A REQUEST FOR ALLOCATION OF PEG FUNDS (10 MINUTES) 8:10 5.9. APPROVAL OF MINUTES FROM APRIL 30, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) (5 MINUTES) 8:20 AVON TOWN COUNCIL MEETING AGENDA TUESDAY MAY 14, 2019 MEETING BEGINS AT 4:00 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 6. WRITTEN REPORTS 6.1. TOWN CLEAN UP DAY UPDATE (DEPUTY TOWN MANAGER PRESTON NEILL) 6.2. BENCHES OF AVON PROJECT UPDATE (DEPUTY TOWN MANAGER PRESTON NEILL) 6.3. AVON SUMMER OUTLOOK MEETING UPDATE (DEPUTY TOWN MANAGER PRESTON NEILL) 6.4. UPPER EAGLE REGIONAL WATER AUTHORITY APRIL 25, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:25 8. ADJOURNMENT 8:40 _________________________________________________________________________________________________________________________________________________________________________________________________________ *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE AGENDAS: May 28, 2019: Community Park Planning Overview Community Housing Effort Overview First Reading of Ordinance No. 19-01 Community Housing Tax and Fee Waiver Executive Session: Review Town Attorney Proposals June 11, 2019: Interviews of Town Attorney Candidates June 25, 2019: Eagle River Water Quality Improvement Effort Overview Discussion of Finance Committee Discussion of Recreation Center Planning Committee Review of 2019 Strategic Plan Review of Styrofoam and Plastic Regulation Town of Avon Debt Management Types of Municipal Debt Unlimited General Obligation Bonds (GO Bonds) State or local government bonds backed by the credit and taxing power of the issuing jurisdiction. Typically used to raise funds for projects that will not provide direct sources of revenue, e.g. roads, municipal facilities, etc. In Colorado, GO debt must be authorized by vote Generally tax exempt with lower interest rates For investors, GO Bonds generally carry the highest credit ratings and lowest investment risk of any debt Types of Municipal Debt Revenue Bonds Municipal bonds secured by specific income or revenue stream of the issuer,e.g. sales tax, utility fees and charges, tax increment. In Colorado, revenue bonds may be issued by a TABOR qualified enterprise without voter approval. Otherwise must be authorized by vote. Inherently carry higher risk. May be required to carry a reserve fund. Credit rating based on issuer’s ability to pay back interest and principal based on the income produced. Types of Municipal Debt Certificates of Participation COPs are financial instruments (a form of financing) evidencing a pro rata share (participation)in a specific pledged revenue stream,usually lease payments,that are typically subject to annual appropriation. In a typical COP financing, the Town enters into a Site Lease and a Lease Purchase Agreement with a Trustee, typically a bank.The Trustee acquires a leasehold interest in the Site (The Leased Property) by leasing the Site from the Town pursuant to the Site Lease.The Trustee then leases the Site back to the Town pursuant to the Lease-Purchase Agreement. The lessor or Trustee,holds title to the property, collects the lease payments from the Town,and makes the payments to the certificate holders. Types of Municipal Debt Certificates of Participation The Colorado Supreme Court has ruled that COPs are not considered a form of long-term debt and thus do not require prior voter approval. The Courts have concluded that lease-purchase agreements for buildings and other improvements in which the parties are not bound to renew the lease annually do create a debt or other financial obligation in the constitutional sense. Town of Avon Debt 2013 Avon URA Tax Increment Revenue Bonds 2017 Avon URA Tax Increment Revenue Bonds 2010 Certificates of Participation 2014B Certificates of Participation 2016 Certificates of Participation Capital Lease Obligations 2013 Avon URA Tax Increment Revenue Bonds Amount Issued -$6,825,000 Interest Rate –3.52% Term –15 years Remaining Balance -$4,985,000 Direct Placement with Branch Bank & Trust Issued on December 2, 2013 to payoff remaining Vectra Bank loan from 2009 of $6,295,000 and to fund the construction of Possibilities Plaza and east end of Main Street. 2017 Avon URA Tax Increment Revenue Bonds Amount Issued -$3,000,000 Interest Rate –2.90% Term –15 years Remaining Balance -$2,664,283 Direct Placement with Alpine Bank Issued on January 5, 2017 to finance tenant improvements at New Town Hall 2010 Certificates of Participation Amount Issued -Refunding $3,680,000, New Money $3,000,000 Interest Rate –2.00% -5.00% Term –20 years Remaining Balance -$4,595,000 Underwritten by Piper Jaffrey Issued on November 16, 2010 to refund outstanding 1998 Certificates and issue $3,000,000 in new money to finance the matching funds for the ARTF building. Fleet Maintenance facility is the security. 2014B Certificates of Participation Amount Issued -$3,800,000 Interest Rate –3.03% Term –15 years Remaining Balance -$2,940,000 Direct Placement with Branch Bank & Trust Issued on January 14, 2015 to finance street improvements. Old Town Hall originally used as security. New Town Hall replaced as security in 2018. 2016 Certificates of Participation Amount Issued -$6,300,000 Interest Rate –2.00% -4.00% Term –19 years Remaining Balance -$6,005,000 Approved by Voters Underwritten by Piper Jaffrey Issued on August 2, 2016 to finance construction of the joint public safety facility. Capital Lease Obligations 2014 Master Lease –US Bancorp Amount Issued -$170,246 for Plow Truck Interest Rate 2.10% Remaining Balance -$76,019 2017 Master Lease –Commerce Bank Amount Issued -$355,818 for Electrician Lift Truck and Plow Truck Interest Rate –2.35% Remaining Balance -$308,460 2018 Master Lease –Commerce Bank Amount Issued -$258,258 for Solar Photovoltaic System Remaining Balance -$241,758 Credit Rating Moody’s Investors Service has issued the Town a Aa2 Rating Credit Overview: The credit position for Avon is very strong, and its Aa2 rating is slightly above the median rating of Aa3 for cities nationwide. The notable credit factors include a robust financial position, no pension liability and a manageable debt burden. The credit position also reflects a sizable tax base and an adequate wealth and income profile. Finances: The Town has a very healthy financial position, which is relatively strong in comparison to the assigned rating of Aa2. Cash balance as a percent of operating revenues (35.1%) approximates the US median. Furthermore, fund balance as a percent of operating revenues (34.9%) is consistent with other cities nationwide. Credit Rating Debt and Pensions: Overall, Avon's debt burden is exceptionally light and is a credit strength in relation to town's Aa2 rating. Net direct debt to full value (1.1%) is consistent with the US median, and rose modestly from 2013 to 2017. The town offers its employees a defined contribution retirement plan and has no unfunded pension liability. Statistical information Legal Debt Limit General Obligation Debt 25% of Assessed Valuation Limit in 2017 -$48,495,645 2017 Debt Per Capita –$3,535 TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: May 14, 2019 Agenda Topic: PRESENTATION OF THE LAW ENFORCEMENT EXECUTIVE CERTIFICATION TO CHIEF GREG DALY SUMMARY During Tuesday’s Council meeting, the Director of the Colorado Bureau of Investigation, John Camper, in his capacity as current president of the Colorado Association of Chiefs of Police, will present Police Chief Greg Daly with the Law Enforcement Executive Certification from the Colorado Association of Chiefs of Police (CACP). Per the CACP website, the Executive Certification through the Colorado Association of Chiefs of Police is acquired through a combination of academic achievement, law enforcement experience at municipal, county, state, or federal level, experience as a Chief of Police, Director of Public Safety or equivalent, continuing education as a student or instructor, the publication of articles relevant to law enforcement, and service as a board member of a law enforcement association. The CACP Executive Certification Program works to acknowledge CACP members who meet these requirements to be formally recognized in a public setting for their commitment to the profession of Colorado law enforcement. There are currently 49 other active Colorado law enforcement executives who hold the Law Enforcement Executive Certification. TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: May 14, 2019 Agenda Topic: SWEARING IN AND BADGE PINNING CEREMONY FOR OFFICER ZACHARY HAYNES AND OFFICER REECE ELLSWORTH Swearing In and Badge Pinning Ceremony Tonight, we will join Officer Zachary Haynes and Officer Reece Ellsworth and their families as they take their oaths as Avon’s newest Police Officers and receive their badges. Officers Haynes and Officer Ellsworth participated in a robust, challenging and comprehensive testing in January 2019. They both attended and recently graduated from the Colorado Law Enforcement Training Academy at Colorado Mountain College, Spring Valley Campus. Officer Haynes previously worked for the Town of Avon as a part time lifeguard. He is a veteran, having served with the U.S. Army National Guard in Alabama. Officer Haynes graduated from the University of Alabama in Birmingham with a Bachelor’s degree in Industrial Distribution. Officer Ellsworth is an Eagle County native, who grew up in Gypsum and attended Eagle Valley High School. He then attended and graduated from the University of Minnesota, Twin Cities with a Bachelor’s degree in Sports Management. Officer Ellsworth previously worked for Nike in Minnesota and in Arizona. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible signs of his or her role, responsibilities, authority and trust with our community. Mayor Smith Hymes will preside over the swearing-in. The Oath of Office will be administered by Town Clerk Brenda Torres. Congratulations to Officers Haynes and Ellsworth. TOWN COUNCIL REPORT To: From: Date: Topic: Honorable Mayor Smith Hymes and Town Council Preston Neill, Deputy Town Manager May 14, 2019 PRESENTATION: CLIMATE ACTION COLLABORATIVE ANNUAL REPORT SUMMARY Kim Schlaepfer, Project Manager for the Climate Action Collaborative (CAC) will attend Tuesday’s Council meeting to update Council on the work of the CAC and to provide highlights from the 2018 Annual Report and 2017 Inventory Update. ATTACHMENTS Attachment 1 – CAC Annual Report & Inventory Update Presentation Attachment 2 – CAC 2018 Annual Report Attachment 3 – Eagle County Energy Inventory 2017 Climate Action Collaborative Annual Report & Inventory Update ATTACHMENT 1 Agenda Review of Annual Report CAP Strategies Update Survey Results 2018 Impact 2017 Inventory Update Key Takeaways 2019 Collaborative Work Building Code Task Force Energy Services Program Behavior Change Campaign REC Calculator Waste Wizard ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 2018 Impact Report ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 Key Takeaways 21% reduction in carbon emissions required between now and 2025 to reach our goals We have a long way to go! ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 Landfill Composition 2017 ATTACHMENT 1 2019 Priorities ATTACHMENT 1 2019 Priorities ATTACHMENT 1 Sustainable Building Code Task Force Architects, Engineers, Building Officials, Energy Service Providers, Solar Installers, Contractors Create a set of recommendations to be adopted with IECC 2018 Energy Specific recommendations Non-Energy recommendations Exterior Offset Program recommendations Recommendations coming summer 2019 ATTACHMENT 1 Vision & Mission Mission Decarbonize the built environment in Eagle County through the use of mandatory and voluntary sustainability criteria and energy efficiency requirements for new construction and existing buildings in order to achieve a 30% reduction in energy use in buildings by 2030 and an overall 80% reduction in carbon emissions in the community by 2050. Vision Create a system of mandatory and voluntary energy efficiency and non-energy sustainability criteria for new construction and existing buildings that is consistent throughout Eagle County. ATTACHMENT 1 Criteria for Recommendations 1.Advances EE/RE through the lens carbon reduction 2.Reflects a favorable cost effectiveness for both construction and operational costs 3.Includes non-energy-related items such as IAQ, water efficiency, materials and resources 4.Supports fuel switching from fossil fuels to electrification (or other?) for heating and transportation 5.Incentivize innovation / above and beyond, EV charging, all electric, data access / measurement, other educational / demonstration projects through code 6.Education, training, coaching should be included 7.Does not place significant additional burden on inspection staff, costs* 8.Is clear, simple to understand / administer *some additional staff time dedicated to education, code updates, training etc. may be required ATTACHMENT 1 CAC Partner Energy Services Program Eagle County + Walking Mountains FREE energy walkthrough of CAC partner buildings Receive a high-level report and additional “coaching” time from Eric to help dial in controls issues Encourage benchmarking Address large existing, publicly-funded buildings Email me kims@walkingmountains.org to get started ATTACHMENT 1 Behavior Change ATTACHMENT 1 Renewable Energy Credit Calculator ATTACHMENT 1 Eagle County Waste Wizard ATTACHMENT 1 Upcoming Events Climate Policy Training –Frisco, May 23rd 9am- 12pm for CC4CA communities and others who are interested ATTACHMENT 1 Thank you! Questions? ATTACHMENT 1 2018 ANNUAL REPORT Energy Grid & Renewable WasteMaterials Management TransportationFuel Emissions Built EnvironmentResidential & Commerical ATTACHMENT 2 2014 First Eagle County GHG Inventory Completed, set baseline for emissions reductions 2017 Recognizing that current eorts will not drive the reductions needed to meet our goals, the stakeholders formed the Climate Action Collab- orative to engage communities, form partnerships, develop projects, and accelerate climate actions in the community 2016 25 local governments & organizations develop the Climate Action Plan for the Eagle County Community 2018 Sector working groups form and begin to tackle emission reductions projects in the 4 sectors, Energy Supply, Buildings, Waste, and Transportation. (updates on page 2-3) Launch of the Climate Action Survey to the community (results on page 6-7) Updating GHG inventory for 2017 to track progress against 2025 goal 2025 Goal: Reduce CO2 emissions 25% from a 2014 baseline by 2025 2050 Goal: Reduce CO2 emissions 80% from a 2014 baseline by 2050 A Collaborative Built for Action. The Climate Action Plan (CAP), formalized in 2016, was the catalyst that brought our community together to look at how we can systematically address the problem of global climate change through local actions and initiatives. Since then, stakeholders from around the community participated in the founding of the Climate Action Collaborative for the Eagle County Community. The Collaborative’s mission is to carry out the carbon pollution reduction goals laid out in the CAP, which calls for a 25% reduction by 2025, and an 80% reduction by 2050. The Collaborative is organized into working groups each focused on a diff erent impact area; energy supply, building energy use, materials and waste, transportation, and community education. In 2018 each working group developed initiatives to reduce climate pollution in their respective sectors. ENERGY SUPPLY Support Holy Cross Energy’s goals to increase renewable electricity developments BUILDINGS Expand the reach of local energy effi ciency and renewable energy programs TRANSPORTATION Install infrastructure for EVs, transit system upgrades, and bike shares WASTE Improve access, education, and infrastructure for recycling and composting in our community EDUCATION Share success stories in our community that support behavior change The engagement and collaboration between businesses, municipalities, and the County, has demonstrated we are better able to leverage collective resources when we work together. Through several successful initiatives, we are moving the needle on local carbon pollution, and have created a climate of excitement and engagement from the community that has been an inspiration to all those involved. TABLE OF CONTENTS � Climate Action Plan overview and status of strategies � Climate Action Survey Results: Learn about your communities attitude on Climate Change � Climate Action Collaborative 2018 Carbon Reduction Results � Highlights from Partners of the Climate Action Collaborative � Climate Action Collaborative 2019 Priorities � Individual Behaviors: What individual actions will have the biggest impact on local carbon emissions? Cover and all photos by Matt Inden Photography 9-12 7-8 6-7 4-5 Pg.25% reduction by 202580% reduction by 2050 REDUCTION25% BY 2025 REDUCTION80% BY 2050 13-14 TIMELINE 15-16 ATTACHMENT 2 25% reduction by 202580% reduction by 2050 REDUCTION25% BY 2025 REDUCTION80% BY 2050 Consider FREE or reduced cost bus service Continue to pursue rail transit or bus rapid transit Expand the network and use of electric vehicles Encourage multi-modal transportation systems Strive for effi cient land use with housing close to workplaces Expand EnergySmart Colorado program & incentives locally Provide support & incentives for energy effi cient upgrades in rentals Adopt “above building code” standards Update Eco-Build fees associated w/exterior energy use Promote & incentivize effi cient use of water Partner with utilities to provide incentives for effi ciency Provide incentives for benchmarking of buildings over 10,000sf Set a waste diversion goal that is above the national average Divert 30% of organics by 2030 Support sustainable purchasing policies and practices Add new programs to increase recycling and composting Address waste diversion in multi-family buildings Add more opportunities for diversion of hard-to-recycle items Expand local exterior off set programs, for example Eco-Build Identify locations for local solar arrays Encourage utilities to set aggressive emission reduction goals Climate Action Plan Strategies To read Climate Action Plan Strategies in full, visit ClimateActionCollaborative.org BUILDINGS TRANSPORTATION MATERIALS MANAGEMENT ENERGY SUPPLY Complete In- process Future ConsiderationsKEY EDUCATION + OUTREACH Establish County-wide climate education team and marketing campaign Use social science research on climate change and education to inform strategies Expand Actively Green, Energy Smart, CMC Sustainability Studies, and k-12 educational opportunities Leverage special event platforms to change behavior Add soil-health education to improve carbon sequestration Create climate action “tool kit” to share throughout community The Climate Action Plan for the Eagle County Community was created based on a 2014 greenhouse gas (GHG) inventory for our community. The GHG inventory is a report detailing the source of all greenhouse gas emissions in our community. The 2014 GHG inventory and Climate Action Plan can be found on ClimateActionCollaborative.org. CARBON EMISSION REDUCTION GOAL The 2014 GHG Inventory gave our community the information it needed to begin to tackle climate change on a local level. Using the inventory as a guide, the Climate Action Plan was written to specifi cally address emissions in the diff erent sectors of our community. The goal in the plan for emissions reductions, is a 25% reduction by 2025 and 80% reduction by 2050. The 2050 target is in alignment with the recent recommendation of the Intergovernmental Panel on Climate Change (IPCC, 2014) which is meant to limit emissions in order to keep the planet’s average global warming below 2 degree Celsius warming. This climate action plan is specifi cally focused on mitigation. Climate mitigation is defi ned as eff orts that reduce or prevent GHG emissions. Climate adaptation is defi ned as eff orts that help the community prepare for and adjust to the current and future impacts of climate change. Although this plan does not specifi cally address climate adaptation, other eff orts are being taken throughout the Eagle County community to prepare for the changing climate. The Climate Action Plan was the cornerstone of the Climate Action Collaborative eff orts in 2018. The strategies outlined below are called out within the Climate Action Plan as the top strategies our community could implement to immediately reduce local carbon emissions. In the fi rst few years of the Climate Action Plan being adopted, we have already completed many of these strategies and are actively working on others. Those highlighted in yellow have not yet started, but are future considerations as the Collaborative as we work towards achieving our emission reduction goals. ““If we achieve a 25% reduction in GHG emissions by 2025, we will retain $60 million annually in the local economy. -Climate Action Plan ATTACHMENT 2 Water sources & rivers 73% 65% 65% 66% 65% Forests Weather Air Quality Wildlife CONCERN FOR RESOURCES? Weather stripped & caulked 21% 44% 58% 75% 53% Changed lights to LEDs Always turn o lights Set Thermostats to 68 degrees Unplugged appliances/ home entertainment SURVEY TAKERS ALWAYS RECYCLE: 71%69%43% Plastics & Metal Paper & Cardboard Compost RECYCLING don’t know how a lot of eort no recycling at apartment no space ENERGY EFFICIENCY someone else is in charge of maintaining the residence and they can’t aord to ﬁx it SURVEY RESPONDERS WERE SUPPORTIVE OF LOCAL EFFORTS TO: promote climate change education and promote sustainable practices in local schools promote sustainable water use in hotels provide incentives to landlords to use more energy ecient appliance engage school children and their families to create future environ- mental stewards WHAT DID YOU DO AT YOUR HOME?CLIMATE CHANGE LOCAL GOVERNMENTS NEED TO ACT ONWHERE DO SURVEY TAKERS LIVE? Eagle 20% Avon 12% Gypsum 16% Edwards 17% Vail 15% Singletree 2%Minturn 3% Eagle-Vail 6% Other 7% Wolcott 1%Beaver Creek 1% Climate Action Community Survey Results In 2018 the Climate Action Collaborative asked the Eagle County community to participate in a Climate Action survey to understand the attitude on climate change locally. The survey asked community members to comment on the sustainability actions they already participate in and what future sustainability eff orts they would be in support of. The results of this survey demonstrate that our community is to act on climate change and is supportive of local eff orts to do so!� �� ATTACHMENT 2 Climate Action Collaborative 2018 Impact Report Achieving our Climate Action Plan goals requires on- going tracking of efforts to reduce local greenhouse gas emissions. In 2018, we tracked the impact of four local sustainability programs and initiatives, Actively Green Business Certification Program, EnergySmart Energy Assistance Program, Sole Power the Green Commuter Challege, and LED Swaps, an initiative through the Collaborative. These four programs are publically available sustainability programs in the Eagle Valley that address sustainability in both residences and businesses. Check out our total impact for 2018! The Climate Action Collaborative Partners launched and or participated in many emission reduction activities throughout the year. A few were tracked for emission reduction reporting, while others impact were not able to be quantified. A few of those efforts that were not able to be quantified have been included here to show the full impact of the Collaboratives’ work in 2018. In addition, the following pages include highlights of other carbon emission reduction work done by Collaborative partners in 2018. In future years, the Climate Action Collaborative will work towards creating a system to monitor year after year emission reductions in order to report on progress against our Climate Action Plan goals. ELECRIC BIKE SHARE SYSTEMe-assist bike demo WASTE WIZARD EAGLE COUNTY RECYCLING APP LAUNCH HOLY CROSS ENERGY COMMITS TO ACHIEVING 70% RENEWABLE ENERGY SOURCES BY 2021 AVAILABLE TO ALL EAGLE COUNTY RESIDENTS TEXTILE RECYCLINGCOMPOSTCONSTRUCTION+ DEMOLITION LOCAL GOVERNMENT ENERGY ACADEMY FROM COLORADO STATE UNIVERSITY HOSTS 2-DAY WORKSHOP IN EAGLE COUNTY US GREEN BUILDING COUNCIL starts new chapter in Eagle Valley to engage local builders in green building best practices. Eagle County hosted a 3-month Electric Vehicle Sales Event with regional partners Rebates for rooftop solar through Walking Mountains Energy Programs DOUBLED Town of AvonBANSplastic bags CARBON REDUCTION AWARD 2018 EAGLE RIVER FOOD BANK Diverts food waste from our local grocery stores, which was headed to the landﬁll. They package the food and bring it to neighborhoods around the valley who are food insecure. They compost whatever they cannot pass out, and therefore save huge amounts of food from going to the landﬁll! SUSTAINABLE BUSINESS CERTIFICATION PROGRAM 61 Certiﬁed Businesses 28 Pursuing Certiﬁcation 46% of waste diverted from landﬁll 17% of total business energy use came from renewable energy All actively green businesses report on energy use, water use, and vehicle mileage, and each has a goal to improve over time. Holy Cross provided FREE EV chargers for homes and businesses COMMUNITY IMPACT HIGHLIGHTS ATTACHMENT 2 2,143.6 TONS of CO2eELIMINATED LED SWAPS The Collaborative partnered with Eagle County and local business to provide 2 free LED bulbs to anyone who brought in an inecient lightbulb to swap. LED Swaps are an initiative of the Climate Action Collaborative for the Eagle County Community to engage resident’s energy eciency in their homes. = 455 cars taken o the road = 257 homes annual energy use Energy Smart Colorado at Walking Mountains Science Center oers home and business energy assessments, expert energy eciency consulting, and rebate assistance to the residents of Eagle County. Free energy assessments and energy assisstance projects are available for income-qualiﬁed households. ENERGY SMART IMPACT IN 2018: - Home energy assessments completed (out of goal): 199/100 - Free energy assessments/energy assistance projects completed: 20/25 - Eciency & Renewable rebates administered: 161/60 - Total Annual Energy Savings: $277,815 - Total Metric Tons of CO2e reduced: 2,108 CO2e LED SWAP IMPACT IN 2018: - Swaps hosted throughout Eagle County: 8 - Decreased local energy costs: $2,377.57 - Total Metric Tons of CO2e reduced: 14.01 CO2e TOTAL CO2 EMISSIONS IMPACT: 2,108 tons of CO2e through Energy Smart 21.5 tons of CO2e through Sole Power 14.10 tons of CO2e through LED Swaps Sole Power is a free green commuting challenge for the Eagle Valley. The challenge runs from Memorial Day through Columbus Day. Members can track their mileage and carbon emissions over the course of the season. Sole Power is a great way to get to work, have fun, save money, and get ﬁt over the summer season. All of that fun stu aside, it helps to reduce carbon emissions! SOLE POWER IMPACT IN 2018: - Number of participants: 268 - Dollars of Fuel Saved in 2018: $6,920 - Miles logged in 2018: 46,892 - Total Metric Tons of CO2e reduced: 21.5 CO2e Community Impact Report (cont.) ATTACHMENT 2 2018 Partner Progress Update EAGLE COUNTY • New Facilities Building in Gypsum completed includes Solar PV that generates enough energy to power the building, and a heating system that runs on used oil collected from county vehicles. • Completed LED lighting upgrades in all County buildings which saves over $65,000 on electricity and eliminates 470 tons of carbon pollution each year. EAGLE COUNTY SOLID WASTE & RECYCLING• Construction and Demolition (C&D) Diversion Site opened to divert concrete and clean wood out of the landfi ll. 3,094 tons of material were diverted through the C&D Site in 2018• Textile recycling being off ered at the Eagle County Landfi ll through USAgain• 2,615.3 tons of recyclables were processed through the Eagle County Materials Recovery Facility (MRF) EAGLE RIVER VALLEY FOOD BANK • Collected grocery rescue donations from 9 stores including Costco, 3 City Markets, Village Market, Ridley’s Market, 2 Starbucks stores and Walmart. • 184,000 pounds of food has come into the Eagle River Valley Food Bank warehouse from grocery rescue and other food donations. A majority of which would have been sent to the land fi ll. • Over 14,000 people served a total of 80,000+ meals. • Diverted 14,700 pounds of compost, 9700 pounds of recycling, 750 pounds of food waste to animal feed. • Only 1.4% of the total food rescued ended up in the landfi ll. • ECO Transit (Eagle County) • Finished Transit Development Plan and commissioned a fi rst/ last mile study to improve connectivity to existing transit routes. • Began Transit Master Plan. • Initiated Transit Coordinating Team including Town of Vail, Town of Avon, Beaver Creek, and Eagle County to launch a coordinated information hub for local transit launching in 2019 • Received $1.3M for the purchase of new Electric Buses in 2019 • Purchased 2 Chevy Volts for fl eet vehicles that saved 35.84 metric tons of CO2. HOLY CROSS ENERGY • Estimated clean and renewable energy supply was 39%. • Established a new energy goal for 2030 called Seventy70Thirty. To achieve this goal, HCE will: • Use clean and renewable resources to supply at least 70% of the annual energy provided, by 2030 • Reduce the greenhouse gas emissions associated with our power supply by 70% from 2014 levels; compared to 25% today; and • Accomplish both of these goals with no additional increase in the cost of power supply. HOLY CROSS ENERGY (cont.) • Signed contracts with Guzman Energy to facilitate Seventy70Thirty, which includes procuring a new 100MW wind farm, expected to begin operating in 2021 • Simplifi ed Renewable Energy Purchasing Program and reduced the costs for members who opt to procure 100% renewable energy. MOUNTAIN REC • Improved recycling eff orts to ensure proper disposal of metals. • Replaced drinking fountains in both the Edwards Field House and Gypsum Recreation Center with drinking fountain/water bottle fi lling stations. The two in Gypsum have already saved the equivalent of 61,964 plastic water bottles from entering the landfi ll. • Worked with Eagle County to adjust controls on HVAC systems to ensure effi cient operation. • Hosted a paint disposal event at the Gypsum Recreation Center in July that was sponsored by the Town of Gypsum. TOWN OF MINTURN • Town Council approval to pursue LED lighting retrofi t for all municipal buildings in line with Community Energy Action Plan. • Worked to establish a compost drop site with Vail Honeywagon to be implemented early 2019. TOWN OF VAIL • Increased in-town bus route ridership from 1.8 million to just over 2 million. Total bus ridership is up to 3.3 million.• Partnered with Energy Programs at Walking Mountains Science Center to complete 40 energy audits and effi ciency projects worth 1.4 million in economic stimulus, and 410 metric tons of CO2.• Diverted 24% of town waste from landfi ll • Reduced summer water use by 50% • Achieved a 34% reduction in electricity use through effi ciency and LED streetlight conversions• Saved 47,000 lbs of CO2 through the Sole Power Challenge with record participation throughout the valley. VAIL VALLEY FOUNDATION • Exploring options to add solar photovoltaics to the roof system at the Gerald R. Ford Amphitheater, and reduce water usage and reduce plastic water bottles usage. • Continued to refi ne Zero Waste eff orts at the GoPro Mountain Games diverting waste from landfi ll. • Moved to re-usable glassware at the Vilar Performing Arts Center and implemented measures to prioritize public transportation to and from the venue. ATTACHMENT 2 EAGLE RIVER WATER & SANITATION DISTRICT (ERWSD) • Approved off setting 100% of annual energy use with wind energy through Renewable Energy Purchasing Program off ered through Holy Cross. • Received the Think Effi ciency grant through Holy Cross to upgrade our Vail and Avon administration and process area lights to LEDs. This project will save an estimated annual 257,776.25 kWh for both our administration buildings and our process areas. Annual estimated savings are $ 29,946.29. • Utilized 2 full electric vehicles and 8 hybrids for management use and pool vehicles;a report compiled by SemaConnect estimated a total electric vehicle savings of 798 gallons of fuel and 15,483 lbs of GHG reductions *Report used kWh usage of charging stations and a formula created by the IT department of SemaConnect TOWN OF AVON • Extended the Town sales tax credit on the sale of components used in the production of renewable electricity, heat, or cooling, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems. The tax credit for the installation of $15,000 in solar panel materials would amount to a savings of $600 for the taxpayer. • Adopted the Plastic Bag Ban resulting in a plastic bag use reduction of over 3,000,000 plastic bags per year in Avon alone. • Completed new Town Hall construction project with LEED Gold Certifi cation. • Extended the Town’s Heat Recovery System to heat the new Town Hall. The Heat Recovery System extracts waste heat from the treated effl uent leaving the Eagle River Water and Sanitation District’s Avon Wastewater Treatment Plant. • Installed CLEER Building Energy Navigator software at several Town facilities including Mobility Center, Fleet Maintenance Building, Police Station, Recreation Center and Town Hall. The Recreation Center saw a 10% decrease in energy use year-over- year. • Installed a 150.15 kW solar panel array at the Avon Regional Transit Facility, also known as the Mobility Center. • Installed a 21.6 kW solar panel array at the new Town Hall. • Expanded the Town’s Bike Share Program. • Held a post-holiday recycling event on January 13, 2018 at which a total of 7,340 pounds of material was collected and diverted from the Eagle County Landfi ll. • Purchased the Town’s fi rst hybrid bus. TOWN OF EAGLE • Preparations to implement Zero Waste Events with Walking Mountains and Vail Honeywagon starting in 2019. • Implemented textile recycling at Eagle Recycle Drop-Off Site. • Increased Yard Waste Facility hours of operation to provide the community more opportunity to drop off yard waste for compost. • Hired a staff member dedicated to Sustainability. TOWN OF EAGLE (cont.) • Public Works facility has reduced energy usage by approximately 60% over the past 10-years. This includes LED replacement, equipment upgrades, behavior change, and other strategies to reduce energy use. VAIL HONEYWAGON • Opened Organics Class III Compost Facility after 4.5 years of planning and accepted 300 yards of material in the fi rst month of operation. The collection program has quadrupled the volume of material collected. • Opened The Vail Community Compost Drop Site doubling participation since opening. VAIL RESORTS (Vail & Beaver Creek Mountains) • Launched fi rst public facing report detailing Commitment to Zero eff orts, community engagement eff orts, and Epic Promise Foundation for employees. • Level I and II ASHRAE Energy Audits completed at all Vail & Beaver Creek facilities. • Invested over $400,000 in energy effi ciency projects at Vail & Beaver Creek, including snowmaking upgrades, refrigeration, LED lighting and more. These projects resulted in a 1.5% increase in effi ciency. • Entered into a long term renewable energy development deal, to procure 310,000 MWh of renewable wind electricity each year beginning in 2020. This will off set 100% of Scope 2 GHG emissions associated with Vail Resorts North American load, which includes Vail & Beaver Creek. • Increased the number of locations and volumes where compost is collected at mountain food and beverage locations. Actively planning for a larger expansion in 2019 at both resorts. • Engaged with Eco-Products as a strategic partner and offi cial Zero Waste Partner. Transitioning all outlets to use compostable single use items as well as shift to durable/re-usable cups where possible. ATTACHMENT 2 1 Sustainable Building Code Task Force created to provide recommendations on building code adoption, exterior offset programs, and Eco-Build updates. 2 Generate Case Studies from around the county on energy efficiency and renewable energy projects and their impact 3 Pilot a benchmarking program for Collaborative partners 4 Continue to expand Actively Green & EnergySmart out reach and partnerships 5 Continue LED Swap partnerships and USGBC group events for green building continuing education BUILDINGS MATERIALS MANAGEMENT TRANSPORTATION Climate Action Collaborative 2019 Priorities The Climate Action Collaborative’s working groups are made up of stakeholders from around the County who are subject matter experts in their respective sectors. The working groups of the Collaborative act as an incubator for ideas on how the community can work together to achieve our greenhouse gas reduction goals, by implementing projects that are above and beyond what a single stakeholder entity could accomplish on its own. Moving into 2019, here are the top priorities of the Collaborative’s five working groups. 1 Finish First/Last Mile Study to identify and address barriers to using the bus. Create capital plan to implement changes. 2 Work with Town of Avon to improve the Zagster Bike Share program 3 Recommend regulations and ordinances for towns to adopt that regulate dockless bike shares and set rules for electric-assist bikes and scooters. 4 Set a goal for bus ridership and utilize ECO Transit upgrades to promote the bus. 1 Promote Construction & Demolition pilot program 2 Increase public area recycling access 3 Develop textiles recycling program 4 Continue education and outreach on recycling and composting 5 Consider materials bans at the landfill (ex, cardboard) 6 Provide yard waste/compost drop sites in each municipality 1 Maintain constant presence in local publications, the Vail Daily, and Vail Valley HOME Magazine 2 Provide stakeholders quarterly updates on Collaborative work through e-newsletters 3 Implement a behavior change campaign on the behavior identified to have the biggest impact on emissions 4 Continue education and outreach in schools and look for meaningful ways to engage the youth in sustainability 5 Continue to engage with the Spanish-speaking population of Eagle County to ensure equity in sustainability opportunities promoted by the Collaborative EDUCATION + OUTREACH ENERGY SUPPLY 1 Continue to promote rooftop solar adoption with the help of Holy Cross 2 Work with Holy Cross to make the Renewable Purchasing Program easier to understand to encourage more local participation in the program 3 Support and provide assistance to Collaborative stakeholders pursuing 100% renewable energy goals 4 Support and expand efforts for decarbonization through electrification of building stock ATTACHMENT 2 High ImpactModerate ImpactLow Impact Annual Carbon Emission Savings Renewable Purchasing Program 51.3lbs Carpool to work twice per week 38.9lbs Rooftop Solar 29.5lbs Air Sealing 10.3lbs Composting 10.5lbs Recycling 3.3lbs Keep Tires Full 2.5lbs Program/Install Thermostats 2lbs No Idling 0.88lbs LED Lighting 0.86lbs Bike to Work 15.1lbs Turn Temp down on Water Heater 0.99lbs Carpooling twice a week and purchasing Renewable Energy Credits were identiﬁed as the top behaviors that would have the largest eect on carbon emissions. * GHG reported in lbs of CO2E per household in Eagle County, per day In 2018 the Collaborative created an impact analysis of sustainability behaviors every Eagle County resident could do that would lower their personal carbon footprint. The pounds of CO2 avoided by each behavior were calculated based on specifi c conditions in Eagle County. In 2019, the Collaborative will begin a Behavior Change Campaign to engage our community in a cultural change around sustainability behaviors. By identifying barriers and benefi ts to each behavior, we can fi nd creative means of incentivizing or encouraging people to adopt diff erent behaviors that will help us signifi cantly reduce emissions. As shown through our community survey, many of our community members think local governments need to act on climate change. However, we can realize that, as individuals, we have a chance to make a diff erence in emissions through small changes in our day-to-day behaviors. Transportation is slowly growing as the biggest source of emissions in Eagle County and will take a huge e ort to change the culture in our community of driving single- occupancy vehicles. Through Stakeholder meetings, the Collaborative decided to focus our eff orts on a large-scale carpooling behavior change campaign. However, changing behavior around carpooling may have ripple eff ects on people’s attitude towards commuting, infl uencing them to try other commuting options such as public transit, biking, and walking. *The graph to the right shows only the carbon emission impact of each behavior and does not include the considerations for penetration, applicability, and probability. Reduce Your Personal Footprint How Do Your Actions Stack Up? The graph below shows the ways in which you can reduce your carbon footprint. ATTACHMENT 2 www.climateactioncollaborative.org#BeBetterTOGETHER For more information please contact: KIMBERLY SCHLAEPFER kims@walkingmountains.org ATTACHMENT 2 Section 1: Overview of EmissionsEmissions in 2017Total carbon dioxide equivalent (CO2e) emissions: 1,288,892 metric tons 3. Emissions by Sector, 2017Metric tons of CO2e 4. Emissions by Source, 2017Metric tons of CO2e 1. Emissions per Capita, 2014 & 2017Metric tons of CO2e 2. Change in Emissions by Sector, 2014 - 2017Metric tons of CO2e Greenhouse gas emissions divided on a percapita basis are higher in Eagle Countythan the U.S. and Colorado. Contributingfactors are transportation, second homesand lodging. See the Appendix in the 2014 Inventory foran explanation of the impact of sporadicallyoccupied second homes on per capitaenergy use. Chart 3 shows emissions by usesector. Chart 4 shows emissions byfuel source. The residential andcommercial-industrial sectorscontribute the largest percentage ofemissions in the county. By fuel,electricity is the largest share ofemissions, followed by gasoline anddiesel fuels for transportation. Eagle County Energy Inventory2017 data on energy use, costs and emissions Greenhouse gas emissions from energy use in EagleCounty in 2017 totaled 1.28 million metric tons of carbondioxide equivalent (CO2e). This is a reduction of 59,900metric tons compared to 2014, a 4% reduction.This reduction in emissions comes primarily in theelectricity sector, which was reduced by 27%. Eagle Countyusers consumed 2% less electricity, and Holy Cross Energyincreased renewables on the grid from 20.3% in 2014 to39% in 2017. Natural gas usage in buildings remained about the sameas 2014. (See note page 4.) As the electricity sector improves, efforts will need to focus onreducing natural gas usage in homes,businesses and governments.Transportation emissions increased and the largest sectoris still passenger vehicles, particularly SUVs and trucks.Reduction efforts need to focus on increased ridership ontransit and increasing the adoption of electric vehicles. Solid waste in Eagle County is currently diverted at a rate of15%, leaving lots of opportunities for increased diversionefforts. In order to reduce emissions at the landfill,diversion efforts need to focus primarily on food waste. Chart 2 showsthe change inemissions ineach sectorbetween 2014and 2017. Thelargest change isin electricityusage. The landfillimplementedcomposting inthis time period,reducingmethaneemissions fromthat source. KEY FINDINGS ATTACHMENT 3 Eagle County Energy Inventory II / 2017 data on energy consumption, spending and emissions / Feb. 2019Section 2: Utility Energy Section 3: Community Energy Emissions 5. Emissions by SectorMetric tons of CO2e 6. Emissions by UtilityMetric tons of CO2e 7. Holy Cross Energy Electricity by SourcesRenewable energy: 39%• Holy Cross Energypurchases power from XcelEnergy, Western Area PowerAdministration (hydropower),and holds power purchaseagreements for coal minemethane, hydropower andwind projects. • Holy Cross Energy provides99% of the electricityconsumed by grid-tiedcustomers in Eagle County. Emissions from electricity consumption dominate the energy used in buildings. 9. Change in Emissions by Community, by Residential and Commercial Sectors, 2014 & 2017Metric tons of CO2e 8. Emissions by Community by Residential and Commercial Sectors, 2017Metric tons of CO2e Notes for Section 3 charts: Edwards:Data for Edwards, anunincorporated community, includes theentire 81632 zip code.Unincorp:Abbreviation for “unincorporated”includes meters in unincorporated EagleCounty other than the Edwards 81632 zipcode. Unincorporated Eagle County has morepopulation and housing units than any of thecounty’s individual municipalities.Commercial:A broad utility designation for ameter serving properties such as hotels, multi-family complexes with one meter, recreationalfacilities (lifts and snow-making equipment),government buildings, schools, retail,industrial and manufacturing facilities. Chart 8 shows emissions in each communityattributed to energy use in the residential andcommercial sectors. Chart 9 shows that the reduction in emissionswas shared across all the communities, exceptfor the Edwards zip code area.Difficulty in obtaining quality natural gasconsumption data from Black Hills Energy mightexplain the increase in the Edwards zip code.Another factor might be additional housing unitsbuilt in that zip code during the time period. / 1% ATTACHMENT 3 Eagle County Energy Inventory II / 2017 data on energy consumption, spending and emissions / Feb. 2019Section 4: Transportation Energy Emissions and Use Section 5: Solid Waste Emissions 10. Eagle County Transportation Emissions, 2017Metric tons of CO2e 12. U.S. Transportation Sector Emissions by Source, 2016Metric tons of CO2e 11. Eagle County Energy Use by Vehicle Class, 2014 & 2017Thousands of Gallons 13. Aggregated Eagle County Solid Waste by Category, 2017 Chart 10. To calculate motor vehicle energy use, theresearch team determined the best available methodwas to use Colorado Department of Transportationtraffic statistics for Eagle County. CDOT data does notinclude county roads or city streets. Because of thismissing information, this inventory’s estimate isinherently conservative and very likely anunderestimate of total transportation energy use. Because of the economic importance of I-70 to theregion for destination traffic, the high percentage oflocal traffic on I-70, and the built-in underestimationdue to missing city street traffic, the research teamchose to include 100 percent of I-70 traffic along withU.S. Highway 6 data to represent the county’s totalvehicle miles traveled. Chart 11.Vehicle milestraveled (VMT)data wascombined witha 2014 surveyfrom Aspen(the nearestregional dataavailable) toestimate milestraveled pervehicle type,including cars,pickups, andmedium andheavy trucks. Chart 12. Eagle County’stransportation emissions and fuel useare consistent with transportationemissions across the U.S. Within the transportation sector, light-duty vehicles (including passengercars and light-duty trucks) are thelargest category, responsible for 60percent of emissions. Medium- andheavy-duty trucks made up the secondlargest category, with 23 percent ofemissions. Between 1990 and 2016, emissionsnationwide in the transportation sectorincreased more in absolute terms thanany other sector (i.e. electricitygeneration, industry, agriculture,residential, or commercial). Chart 13. The Eagle CountyLandfill received 84,022 tons ofdisposed waste in 2017.An audit of incoming wasteconducted in 2017 shows theproportion of waste types. Basedon these percentages, incomingwaste to the landfill produces81,194 tons of CO2e per year.Organic material left todecompose in the landfill is theprimary source of solid wasteemissions. Increased diversion efforts canreduce solid waste emissions. Efforts should focus on reducingfood waste and paper waste. Whencombined, these two sources are55% of the weighted average ofdisposed materials at the landfill.The diversion rate in 2017 was15%. The statewide averagediversion rate is 12%. Someneighboring counties do better.Routt County has a diversion rateof 24%, and Pitkin County diverts40%. ATTACHMENT 3 Eagle County Energy Inventory II / 2017 data on energy consumption, spending and emissions / Feb. 2019 Sources Special thanks to Eagle County Commissioners Jeanne McQueeney, Jill Ryan and Kathy Chandler-Henry for theircontinued leadership on the role local government can take to addressclimate change, and for commissioning this emissions inventory to beused by the Climate Action Collaborative to measure progress towardsits goals. The following individuals provided data, insight, support and expertisefor this report: John Gitchell, Eagle CountyKim Schlaepfer, Walking Mountains Science CenterWayne Alderson, Holy Cross EnergySteve DeGrazio, Xcel EnergyNoelle Hackley, Black Hills Energy Note on natural gas data:New data shows natural gas usage increased slightly in 2017 comparedto 2014. This data is not fully comparable, however, because thedominant natural gas provider in 2014, SourceGas, was acquired byBlack Hills Energy in 2016. Data provided by the two utilities for the twodifferent years was not well aligned. Chart 1U.S Energy Information Administration: Energy-Related CarbonDioxide Emissions by State, 2000-2015. Table 5. Report Release Date: January 22, 2018www.eia.gov/environment/emissions/state/analysis/pdf/table5.pdfU.S. Census Bureau, Quick Facts. Eagle County. www.census.gov/quickfacts/fact/table/eaglecountycolorado,co/PST045218Charts 2 to 6Eagle County Energy Inventory data gathered from Holy CrossEnergy, Xcel Energy, Black Hills Energy, Colorado Departmentof Transportation, Eagle County Airport.Northwest Colorado Waste Diversion Study, April 2018,Souder, Miller & AssociatesChart 7Holy Cross Energy, 2017 CO2 emissions reportCharts 8 and 9Eagle County Energy Inventory data from utilities. Chart 10Colorado Department of Transportation: Vehicles MilesTraveled Statistics, data provided online. Chart 11 Aspen VMT Model 2014 prepared by Charlier Associates(2015) *no other more current VMT models have been performedin the regionChart 12U.S. Environmental Protection Agency: Fast Facts onTransportation Greenhouse Gas Emissionswww.epa.gov/greenvehicles/fast-facts-transportation-greenhouse-gas-emissionsChart: 13Northwest Colorado Waste Diversion Study, April 2018,Souder, Miller & AssociatesData about diversion rates in state and neighboring countiesprovided by LBA Associates. Data collection and analysis by Erica Sparhawk and Karleigh Dean, CLEER. Rick Heede, Climate Mitigation Services, reviewedtransportation data. Kim Schlaepfer, Walking Mountains Science Center, collected landfill data. Sources and Acknowledgements Energy Inventory Protocol The Eagle County Energy Inventory quantifiestotal energy use, costs and carbon emissionsby sector and by fuel and utility source, using2014 as the baseline year and adding newdata from 2017. The inventory’s purpose is to understand howand where energy is used and emissions aregenerated. With this information in hand,each energy-using sectors can identifyopportunities to increase efficiency, reduceemissions and reduce costs. This inventory complies with the U.S.Community Protocol for Accounting andReporting of GHG Emissions (USCP). At leastfive emission-generating activities must beincluded for an inventory to be USCPcompliant. This inventory surveys fiveactivities: residential energy, commercialenergy, vehicles, aviation and the landfill. CLEER: Clean Energy Economy for the RegionP.O. Box 428 / 520 S. Third St., Suite 17, Carbondale, Colorado 81623(970) 704-9200 / CleanEnergyEconomy.net ATTACHMENT 3 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: Preston Neill, Deputy Town Manager Meeting Date: May 14, 2019 Agenda Topic: 100% RENEWABLE ENERGY THROUGH THE HOLY CROSS RENEWABLE ENERGY PURCHASE PROGRAM SUMMARY: Mike Steiner with Holy Cross will attend Tuesday’s meeting to give a presentation on Holy Cross Energy’s Renewable Energy Purchase Program (REPP). Council is asked to provide direction on whether the Town of Avon government should sign-up for 100% of our electricity to be sourced from renewable resources by way of the Holy Cross REPP Program. BACKGROUND: Holy Cross Energy REPP Program Holy Cross Energy’s REPP Program is an easy way for the Town’s municipal operations to go 100% renewable. To be more specific, through Holy Cross Energy, the Town has the option of paying a premium for 100% renewable electricity, which is accounted for by retiring renewable energy certificates (RECs) from solar, wind and hydro-electric projects. The cost for wind power is $0.0076 per kWh, hydro power is $0.0107 per kWh, and solar power is $0.0122 per kWh. This option would make it possible to achieve the goal of 100% renewable electricity for municipal operations without any large upfront costs. If the Town were to move forward with the REPP Program, a twelve-month minimum subscription is requested by Holy Cross Energy. Holy Cross Energy Generation Mix According to Holy Cross Energy’s website, “to balance varying levels of electric demand while ensuring reliability, we need a variety of generation sources.” Approximately 39% of the energy used to meet member load was supplied through clean and renewable resources, such as wind (24%), solar (2%), hydro (3%), biomass (8%), and coal mine methane generation (2%). In addition, about “53% of the energy used to meet member load came from coal, 6% came from gas, and about 2% was from market sources which could not be identified with a high level of certainty.” Recently, Holy Cross Energy unveiled their goal to increase the renewable electricity they provide to their members from 39% to 70% by 2030 (Seventy70Thirty) and reduce their greenhouse gas emissions by 70%. To meet the goal, Holy Cross Energy is asking local governments and other large electricity consumers to participate in renewable energy projects and programs. House Bill 1261 House Bill 1261 was recently passed at the Colorado Legislature, which commits the state of Colorado to achieving a 26 percent cut in carbon emissions by 2025, as well as a 50 percent cut by 2030 and a 90 percent cut by 2050. These statewide goals are based on the levels of GHG emissions that existed in 2005. Climate Action Plan and Strategic Plan The Town’s support and participation in the REPP Program can help meet the shared greenhouse gas (GHG) reduction targets set forth in the Climate Action Plan for the Eagle County Community (CAP). The CAP reduction targets are 25% by 2050 and 80% by 2050, from the 2014 Eagle County baseline inventory. Another aim of the CAP is to collaborate on creating a vibrant, low-carbon regional economy by transforming energy systems, buildings, transportation and waste management, as well as through coordinated education and outreach strategies. The Town is an active member of the Climate Action Collaborative, a group of local governments, businesses, schools, special districts and non-profits tasked to implement the recommendations of the CAP. Council adopted the CAP on December 13, 2016 and followed that up with approval of an Implementation Schedule for the CAP on March 28, 2017. The Implementation Schedule details a goal to “Develop and implement a program to run the Town of Avon – Municipality with 100% renewable energy.” The Strategic Plan, adopted on October 23, 2018, details a “Tier 1 Priority” to “Evaluate ways to achieve the Town’s adopted goal to develop and implement a program to run the Town of Avon – Municipality with 100% renewable energy.” Town Efforts To-Date In 2018, the Town installed the Clean Energy Economy of the Region (CLEER) Building Energy Navigator monitoring system for major buildings of the Town to create a baseline of electric energy use and for daily energy efficiency monitoring. The following Town buildings are monitored: Recreation Center, Mobility Center, Fleet Maintenance Building, Police Station and Town Hall. The Town currently has photovoltaic (solar) arrays on the Police Station (60 kW), Mobility Center (150 kW) and Town Hall (28 kW) as onsite renewable energy sources. Avon Town Hall recently received Leadership in Energy and Environmental Design (LEED) Gold certification from the U.S. Green Building Council. The LEED certification is a globally recognized symbol of sustainability achievement. Several energy saving attributes of Avon Town Hall include, but are not limited to: • A 28.05 kW of photovoltaic (solar) array as an onsite renewable energy source that generates over 50% of the energy used in the building on a clear day. • A 36% lighting power reduction. • A renewable energy contract to supply 100% of the building's electricity from renewable sources for a minimum of two years. BUDGET IMPLICATIONS: The Town used an annual average of 3,200,000 kilowatt hours of electricity, purchased from Holy Cross Energy, for the years 2015 and 2016. That equates to a total electric bill of around $384,000.00 per year for the years 2015 and 2016. In 2018, the Town purchased 2,458 100 kWh wind blocks from Holy Cross Energy for a total of $36,870.00. That was at a rate of $.0125 per kWh. From February 2018 through January 2019, the Town used 3,644,978 kWh of electricity. Through the Holy Cross Energy REPP Program, the annual premium for 100% wind power ($0.0076 per kWh), currently the cheapest of the renewable generation sources, would be $27,792.96. The annual premium for 100% hydro power ($0.0107) would be $38,910.14 and the annual premium for 100% solar power ($0.0122) would be $44,468.73. Opting for 100% renewable through the REPP Program would remove the 100 kWh wind blocks that we currently purchase from Holy Cross Energy. If the Town Council elected to move forward with 100% wind power, the Town would effectively save $9,000 per year in renewable energy generation purchases. ATTACHMENT: Holy Cross Energy Presentation Contribute to a clean energy future by participating in our PuRE -Renewable Energy Program Commitment to Carbon Free Electricity PuRE allows are members to have 100% of their electricity sourced from renewable resources. This program allows members to be net-zero without installing solar or being wait-listed for community solar. How PuRE works Members may purchase energy from multiple clean sources: •Wind @ $.0076 / kWh •Hydro @ $.0107 / kWh •Solar @ $.0122 / kWh The PuRE surcharge will be added as a line item on members’ bills based on their over-all energy usage. A twelve-month minimum subscription is requested. Benefits The PuRE allows members to purchase clean energy from without any contracting agreement. HCE will simply add PuRE as a line item on the monthly bill allowing members to offset 100% of their electric energy usage each month. Holy Cross Energy’s PuRE Commitment Revenues from the PuRE program will be allocated to HCE’s WeCare fund. The WeCare fund contributes to Energy Efficiency and local renewables for the HCE system and its members. Help HCE and local communities reach our sustainability goals! Contact: Mike Steiner Key Accounts Specialist msteiner@holycross. com (p):970-947-5438 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Town Council From: Preston Neill, Deputy Town Manager Date: May 14, 2019 Topic: INTERVIEWS OF CULTURAL, ARTS, AND SPECIAL EVENTS COMMITTEE CANDIDATES AND APPOINTMENT OF 7 MEMBERS ACTION BEFORE COUNCIL: Council is asked to interview and appoint candidates to fill seven spots on the newly founded Cultural, Arts and Special Events (CASE) Committee. PROPOSED MOTION: “I move to appoint [four candidate names] to the CASE Committee, with terms expiring on February 1, 2021. I further move to appoint [three candidate names] to the CASE Committee, with terms expiring on February 1, 2020. Finally, I move to appoint Mayor Pro Tem Amy Phillips and Councilor Jake Wolf as the ex-officio non-voting Council members to the CASE Committee.” SUMMARY: At the Town Council work session held on September 21, 2016, direction was given to create an Ad Hoc Special Events Committee (AHSEC). After a lengthy solicitation period, initial appointment of committee membership took place on January 10, 2017. In November 2017, the AHSEC made a formal recommendation to the Town Council that the AHSEC remain an Ad Hoc Committee for the 2018 calendar year, with not less than seven members, and transition to a standing committee in February 2019. At the January 30, 2019 Council Retreat, Council expressed interest in putting in place the advisory CASE Committee to take the place of the Ad Hoc Special Events Committee. On February 26, 2019, Council adopted Resolution 19-05 approving a CASE Committee. An executed copy of Resolution 19-05 is included as Attachment A. According to Resolution 19-05, the CASE Committee shall be composed of seven (7) voting members and two (2) ex-officio non-voting Council members appointed by Council. It is Council’s prerogative to increase or decrease membership. The term of office for each member shall be two years on an overlapping tenure. During this initial appointment of CASE Committee membership, it will be necessary for Council to appoint staggered terms. More specifically, initial appointment of membership will include appointment of four members to two-year terms and three members for one-year terms. The purposes and duties of the CASE Committee are as follows: • To provide advice concerning the implementation of the Cultural Plan for the Town of Avon, as may be amended from time to time; • To review, research and provide guidance and advice on event programming in the Town of Avon; • To review applications for Town funding allocated for events and provide recommendations to the Avon Town Council, and to develop applications forms and procedures and review criteria related to such funding applications; • To conduct surveys and prepare reports related to special events as appropriate and as directed by Council; • To attend joint meetings with the Avon Town Council to review past, present and future events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support events, and to review policies, procedures and practices for events and the CASE; and, • To perform such other tasks related to special events in or near Avon as the Avon Town Council may direct. Per Section 3 of the CASE Committee Authority and Procedures, “Registered electors residing in Eagle County are eligible for appointment as Voting Members, provided that at least four (4) Voting Members shall be registered electors of the Town or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment to CASE.” All applicants are eligible for appointment as Registered Electors residing in Eagle County. Please note that “persons having experience with special events, event site planning and design, culture, arts or local business which is of particular value to CASE should be preferred over persons who do not.” Officers, meeting schedule and Committee rules will be determined once membership is established and the Committee meets. Resolution 19-05 identifies that the CASE Committee “shall operate in accordance with its own rules of procedure.” Furthermore, the CASE Committee is required to submit to Council, for review and approval, its proposed rules. CANDIDATES AND INTERVIEW PROCESS: The Town received nine applications for seven seats on the CASE Committee. The following individuals have submitted completed CASE Committee Applications: • Arzu Basyildiz • Pedro Campos* • Chris Cofelice* • Jason Denhart • Timothy Haley* • Julie Harris • Lisa Mattis* • Kathy Ryan* • Ruth Stanley* *Denotes service on the sunset Ad Hoc Special Events Committee The information received from applicants is attached to this report for your review as Attachment B. During Tuesday’s meeting, scheduled to begin at approximately 6:15 p.m., Council will interview each applicant for seven minutes. The interview order is organized alphabetically. ATTACHMENTS: Attachment A – Resolution 19-05 Attachment B – Applicant Information RESOLUTION 19-05 APPROVING A CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, the Town Council finds that the Ad Hoc Special Events Committee has provided valuable and important review, research and advisory functions with regard to special event planning and programming for the Avon community and desires to create a permanent standing advisory committee to continue with these efforts; and WHEREAS, Section 11.2 of the Charter states that Council may create any boards or commissions including an advisory committee; and WHEREAS, the Avon Town Council finds that special events promote the local community and character of Avon as well as promote the local economy and that the establishment of a permanent Cultural, Arts and Special Events Committee will promote the health, safety and general welfare of the Avon community; and NOW THEREFORE, the Avon Town Council, hereby RESOLVES to create the Cultural, Arts and Special Events Committee as set forth in Exhibit A: Cultural, Arts and Special Events Committee Authority and Procedures, attached hereto. ADOPTED February 26, 2019 by the AVON TOWN COUNCIL By: 1AAJ19 Attest: Sarah Smith Hymes, M Brenda Torres, Acting Town lerO 4 ATTACHMENT A EXHIBIT A: CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE AUTHORITY AND PROCEDURES 1. Establishment, Purpose and Duties. There is hereby established the Cultural, Arts and Special Events Committee ("CASE") of the Town. The purposes and duties of CASE are as follows: a) To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended from time to time; b) To review, research and provide guidance and advice on culture, arts and special event programming in the Town of Avon; c) To review applications for Town funding allocated for special events and provide recommendations to the Avon Town Council, and to develop applications forms and procedures and review criteria related to such funding applications; d) To conduct surveys and prepare reports related to special events as appropriate and as directed by Council; e) To attend joint meetings with the Avon Town Council to review past, present and future special events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support culture, arts and special events, and to review policies, procedures and practices for culture, arts and special events and CASE; and, f) To perform such other tasks related to culture, arts and special events in or near Avon as the Avon Town Council may direct. 2. Membership. CASE shall be composed of seven (7) Voting Members and two (2) Ex -Officio Non - Voting Council members appointed by Council. 3. Qualification of Voting Members. Registered electors residing in Eagle County shall be eligible for appointment as Voting Members, provided that at least four (4) Voting Members shall be registered electors of the Town or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment to CASE. Persons having experience with special events, event site planning and design, culture, arts or local business which is of particular value to CASE should be preferred over persons who do not. Appointments shall be made by Council in February, or as soon as thereafter as possible, after posting notice to solicit interested persons, Council shall appoint four (4) persons in odd numbered years and three (3) persons in even numbered years to fill Case seats. 4. Qualification of Ex -Officio Non -Voting Members. Council members shall be eligible for appointment to the two (2) Ex -Officio Non -Voting seats. Appointments shall be made by Council in January of odd numbered years after the election and seating of Council members, or as soon thereafter as possible, and shall be made at the same time as appointments of Council members to other committees. The term of office for Ex -Officio Non -Voting Members shall be two (2) years until the bi-annual appointment of Council members to committees. Ex -Officio Non -Voting Members shall Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 1 of 3 ATTACHMENT A have the equal right to participate at CASE meetings and equal right to receive all CASE materials and notices of CASE meetings, but shall not have any right to vote on recommendations, advisory matters, or other actions of CASE. Quorum. Four (4) Voting Members of CASE shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date. In the absence of all Voting Members, any staff member may adjourn any meeting to a later time or date. 6. Term. The term of office for a Voting Member shall be two (2) years on an overlapping tenure. A Voting Member of CASE who ceases to possess the qualifications for office that the Voting Member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the CASE member continues to reside in Eagle County. A member of CASE may be removed by Council pursuant to Section 8 Removal from Office, below. Vacancies. A vacancy on CASE shall occur whenever a member of CASE is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety 90) days, resigns, ceases to meet the qualifications of CASE and is not permitted by Council to serve until the end of the existing term or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy who shall serve the remainder of the term of the former member after posting notice of such vacancy to solicit interest from qualified persons. 8. Removal from Office. Any member of CASE may be removed for just cause at the pleasure of the Town Council by a majority vote of the entire Council in office at the time the vote is taken. Just cause shall include misconduct, conduct unbecoming of a Town official, violation of the Town Code of Ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the CASE member stating the grounds for removal at least three (3) days prior to the hearing. 9. Officers. CASE shall select its own Chairperson and Vice -Chairperson. The Chair or, in the absence of the Chair, the Vice -Chair, shall be the presiding officer of its meetings. In the absence of both the Chair and the Vice -Chair from a meeting, the Voting Members present shall appoint a Voting Member to serve as Acting Chair at the meeting. 10. Compensation. All members of CASE shall serve with compensation and benefits, if any, as may be established by the Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a CASE member. 11. Staff. The Town Manager shall designate Town staff to serve as the staff of CASE and shall provide for the service of a recording secretary who shall act in the capacity of secretary for CASE. 12. Rules and Regulations. CASE shall operate in accordance with its own rules of procedure; provided, however, that CASE shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by CASE or disapprove the proposal with directions for revision and resubmission. The rules shall incorporate and comply with the Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado Municipal Records Retention Schedule as such are adopted and implemented by the Town of Avon. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 2 of 3 ATTACHMENT A subject to public inspection. CASE may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. 13. Meetings. CASE shall meet in accordance with the rules of procedure governing CASE and otherwise upon the call of the Chairperson or, in the absence of the Chair, by the Vice -Chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. 14. Appropriation Authority. CASE shall not have authority to appropriate or spend Town of Avon funds. CASE may provide recommendations to the Events Manager, Town Manager and/or Avon Town Council with regard to any annual budget for special events, expenditures related to the annual applications in response to the special events request for proposal, Town staff support for special events and capital improvements related to events. 15. Council Amendments. Council reserves the right to amend, increase, reduce or change any or all of the powers, duties and procedures of CASE. Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 3 of 3 ATTACHMENT A ATTACHMENT B ATTACHMENT B Professional Resume www.zehren.comMarch 21, 2019 As a State of Colorado licensed landscape architect with twenty two years of diverse professional experience, Pedro is committed to work that applies the principles of sustainability to innovate beyond conventional development and land use planning. Pedro’s professional experience has been extremely diverse in the fields of land planning and landscape architecture. He has significant direct work experience in large scale community planning, site specific detail design, and project implementation. He has particular professional strengths in project management, master planning and visioning, site specific planning , landscape design, public speaking, community facilitation/communication and consensus building. He has specialized in the master planning and execution of resort hospitality and recreation projects working closely with developers, investors, local municipalities, agencies, and districts. He has made several important contributions toward improving the quality of the surrounding human and natural environment with projects that emphasize water conservation, regional appropriateness, driven by a sustainable design approach and underlying ecological principles. PROFESSIONAL EXPERIENCE: Principal Landscape Architect / Land Planner, Zehren and Associates, Inc - January 2015 - Present Landscape Architect / Land Planner, Zehren and Associates, Inc - April 2010 to January 2015 Senior Landscape Architect / Land Planner, VAg, Inc Architects & Planners - July 2004 to April 2010 Associate & Landscape Architect, Design Workshop, Inc - March 1997 to June 2004 Environmental Planner, Sapphos Environmental - Feb. 1996 to Feb. 1997 REPRESENTATIVE PROJECTS INCLUDE: • Town Farm Master Plan, Todos Santos, Baja Sur, Mexico • Gerald R. Ford Amphitheater Renovation, Vail, Colorado • Ford Park Improvements, Vail, Colorado • Hyatt Regency Hotel, Changbaishan, Jilin Province, China • Finca Powers, Medellin, Colombia • The Blake Hotel, Taos Ski Valley, New Mexico • River Edge Colorado Community, Garfield Count , Colorado • Riverfront Lodge and Townhomes, Avon, Colorado • Lake Fork Stream Restoration, Taos, New Mexico • Main Street Pedestrian Mall, Avon, Colorado • Eagle River Park, Eagle, Colorado • Nottingham Park Master Plan, Avon, Colorado • EagleVail Parks Master Plan / Pavilion Park Playground, EagleVail, Colorado • Town Park Master Plan, Dillon, Colorado • Steamboat Springs Sub-Area Mountain Town Plan, Steamboat Springs, CO • Water Conservation and Xeriscape Demonstration Gardens, Eagle, Colorado • Avon Road Landscape and Streetscape Improvements, Avon, Colorado • Okemos Pointe Apartment Community, East Lansing, Michigan • Common Ground Affordable Housing Study, Vail, Colorado • Retreat on the Blue, Silverthorne, Colorado • Drake Landing, Frisco, Colorado • Girdwood Commercial Areas and Transportation Plan, Anchorage, Alaska • Traer Creek Plaza (LEED Certified) Landscape Design, Avon Colorado • Sunset View Cemetery Master Plan, Eagle, Colorado • Freedom Park Recreational Fields Master Plan, Edwards, Colorado EDUCATION Masters of Landscape Architecture, California State Polytechnic University, Pomona, CA 1996 Bachelor of Integrated Arts, Pennsylvania State University, University Park, PA 1993 REGISTRATION Landscape Architect, State of Colorado # 373 AWARDS ASLA Honor Award for Excellence in Landscape Architecture Study Pedro Campos, Principal, Land Planner / Landscape Architect ATTACHMENT B ATTACHMENT B PO Box 754 • EDWARDS, C0 81632 PHONE 407-920-8681 • E-MAIL CCOFELICE@WESTINRIVERFRONT.COM Chris Cofelice Results oriented hotel sales and marketing executive with proven success in top-line revenue growth, implementing and executing group, leisure and revenue management strategies while providing exceptional customer service. Experience Westin Riverfront Resort & Spa Avon, CO AAA 4-diamond, 240 rooms, 7,500 sq. ft. meeting space July 2015-Present  Responsible for event programming within the resort including Nature at Night series with Walking Mountains, special events with Mikaela Shiffrin, Josiah Middaugh, Chris Anthony and Trista Sutter  Led planning and execution of Westin Riverfront’s 10th Anniversary Party (September 2018) and Solar Eclipse viewing (August 2017) party attracting over 1,000 guests at each event  Direct the overall coordination, functional management and leadership of group and leisure sales, marketing, events, reservations, catering sales and revenue strategies  Responsible for over $28m in top line revenue, including room, F&B and spa/athletic club revenues Vail Marriott Mountain Resort Vail, CO AAA 4-diamond, 344 rooms, 25,000 sq. ft. meeting space January 2012-July 2015 Director of Sales and Marketing  Responsible for over $30m in top line revenue, including $25m in room revenue and $5m in banquet F&B  Implemented multiple new revenue streams including mountain view upgrades, cash & point upgrades for Marriott rewards redemptions and year round $35 resort fee  Collaborated with Marriott Western Region Marketing Office in Scottsdale, AZ for comprehensive marketing plan development and execution, with significant quantifiable results Park Hyatt Beaver Creek Resort & Spa Beaver Creek, CO AAA 4-diamond, 190 rooms, 20,000 sq. ft. meeting space June 2008-January 2012 Senior Sales Manager  2011 finalist, Young Professional of the Year, Vail Valley Success Awards  Hyatt Masters in 2010 Beaver Creek Lodge Beaver Creek, CO AAA 4-diamond, 72 guest rooms, 6,000 sq. ft. meeting space May 2007–June 2008 Sales Manager  Territory included all markets in the eastern half of the United States  Achieved over 100% of group sales quota for 3rd and 4th quarter of 2007 Hyatt Regency Savannah Savannah, GA AAA 3-diamond hotel, 351 guest rooms, 33,000 sq. ft. meeting space ATTACHMENT B January 2006–May 2007 Group Sales Manager  Member of Sales Team of the Year (2006) for all North American Hyatt properties  Managed, developed, and acquired corporate Business travel accounts including $700,000 account Education University of Florida Bachelor of Science in Business Administration with a major in Finance Interests and activities Traveling, snowboarding, hiking, fly-fishing and golfing Volunteer experience  Town of Avon Adhoc Special Events Committee, Habitat for Humanity, Highway Cleanup, Eagle River Cleanup ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE DEADLINE FOR APPLICATION: MARCH 25, 2019 Name: ____________________________________________________________________________________ Occupation & Place of Employment: ___________________________________________________________ Mailing Address: ___________________________________________________________________________ Phone: ___________________________________________________________________________________ Email: ____________________________________________________________________________________ Please briefly describe your interest in the Cultural, Arts, and Special Events Committee: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ What background, experience, or special skills would you bring to the Committee? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Is there anything else we should know about you? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Serving as a community leader is an important part of my role as a local business leader. Activating the Culture Plan is significant in building Avon's future and is compelling to me personally . I believe that strong, healthy communities utilize culture, arts and special events to create and sustain economic vitality and a vibrant community experience. I am committed to leading that charge in Avon. 25+ years of leadership of diverse groups of stakeholders in governance, strategy and growth initiatives, strong facilitation and consensus building skills, community engagement and momentum building strengths, and core components of leading people are my specialties. This is an exciting time, full of potential and opportunity to build community and economic development. I'd like to strengthen the relationships between Town Council, the Committee and staff by creating clarity/ agreement on success measures, along with a business plan. ATTACHMENT B LISA MATTIS Chief Executive Officer, Can Do Multiple Sclerosis Lisa Mattis is President & Chief Executive Officer of Can Do Multiple Sclerosis and serves as a Member of the Board of Directors. Can Do MS is a national nonprofit organization that helps families living with MS thrive by delivering health and wellness education programs. Exercise, nutrition, symptom management, communication skills, goal setting, and motivation are core focus areas. Lisa’s single priority is to meet the vision of strengthening every family living with MS by dramatically growing the organization. Mattis spent a decade leading Outward Bound USA National Advancement & Scholarships and led Big City Mountaineers as Executive Director. Her consulting company, Catalyst Philanthropy, continues to transform organizations, build leadership, and strengthen development capacity to enable nonprofits to create momentum and organizational change. Strategic planning, interim executive leadership, board development and training, revenue capacity building, team coaching and organizational alignment are core services. Mattis holds a BA from Fordham University and an MPA from Columbia University’s School of International & Public Affairs. Lisa serves on the National Multiple Sclerosis Society Services Advisory Committee. She chairs the Professional Ski & Snowboard Association (PSIAAASI) Education Foundation Committee and is a member of the Colorado Mountain College Edwards Campus Advisory Committee. She has served on the Board of Directors of the Colorado Fourteeners Initiative and Big City Mountaineers. Lisa is a cyclist, Vail ski instructor, and volunteers extensively across the Vail Valley. ATTACHMENT B ATTACHMENT B ATTACHMENT B APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE Name: Ruth Stanley Occupation & Place of Employment: Real Estate Broker, Vail Property Sales, LLC/KW Mailing Address: P. O. Box 9027, Avon, CO 81620 Phone: 970-390-4725 Email: RuthStanley@kw.com Please briefly describe your interest in the Cultural, Arts, and Special Events Committee: Having served on the AdHoc committee for the past two years, I feel we were on the right path to creating a plan for cultural arts and special event programming within the Town of Avon. What background, experience, or special skills would you bring to the Committee? Two years prior experience with the committee. Experience includes thorough and careful review of applications, surveys, and prior year (s) event success for the Town of Avon providing advice, event and funding recommendations to the Town Council and Staff. Is there anything else we should know about you? Committed to working toward a cultural and a “go to” destination for the Town of Avon with direction from the Avon Town Council and staff. *** ATTACHING PREVIOUS SUBMITTAL *** ATTACHMENT B APPLICATION FOR THE TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE TERM JANUARY 15 – DECEMBER 31, 2017 DEADLINE FOR APPLICATION: DECEMBER 31, 2016 Name: Ruth Stanley Occupation & Place of Employment: Real Estate Broker, Marketing Manager, Event Planner Mailing Address: P. O. Box 9027, Avon, CO 816320 Daytime Phone: 970-390-4725 Email: VailCoLocal@aol.com Please briefly describe below your interest in the Ad Hoc Committee for Special Events. With the new stage and the new committee I believe I could offer some good personal as well as experienced input and insight into assisting with the future of the town events committee through the group planning, solicitation, budgeting and functioning of our town events. More importantly, would like to assist with making our events successful and profitable for all involved. And putting Avon on the map as a “go to” fun destination. What background, experience, or special skills do you think you can bring to the committee? BACKGROUND & EXPERIENCE Having grown up in the Radio Business (father owned a radio station - WEW) I was automatically thrust into working events for my father’s radio station. We were heavily involved with the Community and held constant “promotions” for the station & clients In college, I worked on the Campus activities committee 4 years where we were Involved with hiring musicians, creating, executing and follow through of all Campus Activities. We attended the NECAA, National Entertainment Campus Activity Association conventions every year where we attended seminars, mingled and met and hired talent for our campuses. Example of how large this convention was, Jackson Browne PLAYED for one of the finale nights one year! (We didn’t have a budget to hire him but Washington University did!) After college I sold for my father’s station, moved into Direct Mail Marketing and was finally hired as an Account Executive for Cable AdNet in St. Louis – the ultimate job in media sales - selling advertising for the likes of ESPN, CNN, Lifetime, and Discovery, to name. We held national promotions promoting the Networks in the St. Louis Market. For Example ESPN: St. Louis Blues Night – we held a function for all of our clients over ATTACHMENT B Ruth Stanley – Page Two 500) in the Arena Cub (where the Blues played) with pregame Live Music, Dinner, Gift Bags and treated them to the hockey game (thanks to ESPN) and then mingled with the Hockey Players themselves. I was also involved with conceiving and executing small promotions as well for my invidividual clients (these clients had budgets of $250,000 + /year for advertising – not really “small” clients). VAIL Experience: 1993 – 1996: KZYR Radio Sales and then Sales Manager, KTUN Radio Sales. Continued my experience in sales and promotions with these stations. Executed or assisted with such promotions for the likes of the Eagle County Fair & Rodeo, Ford Park Concerts, anything community related, we were involved in. Since the radio biz, and working for a Developer, I have created a niche in the market planning and executing weddings, milestone birthday parties, Fundraising, VVCF functions, and concierge activities on the side. Anything to stay involved with “people” and planning. SPECIAL SKILLS: I’m an idea person. I come from years of conceiving & executing the ultimate event. Budgeting: I’m meticulous with sticking to the budget Knowledge: I know the valley. I know people. I know how to follow through. Involved: I NEED to be involved with my community. This committee would be an ideal forum for me to put my past experience and skills to their full potential. WHILE working with prospective event planners, concerts, festivals, etc., and building up my Town’s reputation the THE place to be. PRESENTLY: Real Estate Broker for KW Mountain Properties AND… Working part time on starting my own small business in event planning. Alpenglow Planning and Events (Brochure attached) Familiar with negotiating with vendors as well as clients. Any additional information we should know about you? MAINLY: I’m committed to my community and would like to say I’m a part of it’s growth and prosperity; this appears to be the BEST MEDIUM FOR ME to do that based on my skills & previous experience. PREVOIUS AFFILITATIONS: Founding Member: St. Patrick’s Day Parade Committee, 1976–1993 Judevine Center for Autistic Children, St. Louis, Mo, Father was Co-Founder and President of the Board – I worked with the foundation fundraising as well as assisted with center activities 1970 – 1993. Special Events planner and organizer to the Mayor of St. Louis, MO Mayor Vincent Schoemehl, 1982 – 1984. Personal, City and Political events MAINLY: I’m committed to my community and would like to be apart of it’s growth and Prosperity and this appears to be the BEST MEDIUM FOR ME to do that ATTACHMENT B Ordinance 19-03 Inclusionary Housing Page 1 of 5 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Town Council From: Matt Pielsticker, AICP, Planning Director Date: May 14, 2019 Topic: FIRST READING OF ORDINANCE 19-03, APPROVING AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE, FOR INCLUSIONARY HOUSING REGULATIONS ACTION BEFORE COUNCIL Before Council is action on First Reading of Ordinance 19-03, set to approve amendments to Title 7 of the Avon Municipal Code for Inclusionary Housing Regulations. AVAILABLE ACTIONS - Continue 1st Reading of Ordinance 19-03 to a future meeting, pending additional information. - Approve 1st Reading of Ordinance 19-03, thereby setting a public hearing date of July 9, 2019. RECOMMENDED MOTION “I move to approve first reading of Ordinance 19-03, setting a final reading and public hearing date of July 9, 2019.” SUMMARY OF PREVIOUS TOWN COUNCIL MEETING The April 9, 2019 presentation focused on responses to specific elements of the Ordinance that members of Town Council had questions. Items presented, without any update for Council, include: • Difference between Eagle County worker and a Telecommuter • Additional definitions in the code • Government Inclusion in requirements – Who is exempt? • Funds eligible to be returned in 7 years? • Eagle County Affordable Housing Guidelines UPDATES Pursuant to discusses at the last meeting, staff has progressed on several elements of the Ordinance and are ready to move forward to a second reading pending final direction on the Sheraton Mountain Vista credit section. The following bullet points conclude the remaining topics discussed: • Relevance of the 2008 Eagle County Nexus/Proportionality Analysis for Commercial Development/ Workforce Housing Linkage Following Council’s direction from the last meeting, this study is proposed to be updated, and expanded. See attached proposal (ATTACHMENT 4) from RRC Associates. After initial discussions, the consultants mentioned that the commercial development generation rate numbers are only likely to change slightly, as most business types have not fundamentally changed in the last 11 years. Eagle County is eager to partner on the data collection/commercial linkage portion of this updated and expanded study and would like to contribute to that portion of the contract (approximately $4,750). The new portion of the study includes residential linkage rates. Staff has included this line item in the upcoming general fund budget amendment, scheduled for the next Town Council meeting. The total contract, minus Eagle County’s contribution, is expected to be approximately $10,000. Ordinance 19-03 Inclusionary Housing Page 2 of 5 • Single Family and Duplex Regulations Staff still has not included single family and duplex regulations in the proposal and would appreciate some clarity from Town Council whether to include it. No new formulas are proposed at this time because the proposed updated nexus study would calculate size categories for mitigation of single family and duplex houses based on homeowner operations and ongoing maintenance work. That is, the updated nexus study would propose a formula through which Employee Equivalents required for mitigation would be stepped up incrementally based on size of the houses. The fees per employee equivalent would be approved by Council resolution and updated as needed. • Multifamily Employee Generation Rate The currently proposed Multifamily Employee Generation is .33 per dwelling unit, from a Telluride study. This study hypothesized that multifamily units were all subject to short-term rental within their town core. This rate is subject to potential revision with the updated study. The proposed study will not contemplate the short-term rental implications of multifamily developments because of the uncertainty involved (i.e. ratio of units in a rental pool). The Employee Generation number is likely to fall from .33 based upon updated information on straight residential projects. Staff suggests that if the Council choses, short term rental impacts are best handled through a direct tax on short term rentals. • Subdivision regulations Staff is not proposing that these regulations be applicable at the time of property subdivision. This is due in part to the timing of a property subdivision. If a landowner decides to subdivide a large parcel into smaller developable lots the details of the future development would not be available to conjure an accurate Housing Mitigation Plan. The other likely time of property subdivision is during construction, or shortly thereafter, and again this would be an inopportune time to trigger community housing standards because the project would have already gone through a development review. Large, underdeveloped parcels, such as the Village (at Avon) present other unique circumstances that limit implementation of these regulations. The Village (at Avon) has vested property rights until 2039, including a PUD Guide, that outlines the procedure and criteria for review and administrative approval of subdivisions. Therefore, the inclusionary zoning regulations would not be triggered by subdivision unless the property were rezoned to another zone district. The Village (at Avon) has committed to providing 500 employee housing units at full buildout. Today, there are 244 units constructed at Buffalo Ridge. • Sheraton Mountain Vista The Sheraton property was developed as a PUD and the initial phase of the development provided 20 units of employee housing. The undeveloped lots were once part of the PUD that were to be served by those units. Now that those lots are zoned Town Center, the credit earned by those 20 units is subject to debate for future development. Three options are proposed by staff to demonstrate the amount of credit that is available for the undeveloped Sheraton property, which consists of Lots 2A, 2B, 3 and 5, Mountain Vista Resort Subdivision. As drafted in the attached Ordinance, the current Sheraton development would require 14.57 Employee Equivalents, and the reminder of credits available would go to Lots 2A, 2B, 3 and 5. The three credit types are tabulated on the next page. The three methodologies are as follows: o “Bedroom Allocation” would credit the existing 20 employee units based upon bedroom count. The project includes eight (8) studio, eight (8) 1-bedroom, two (2) 2- Ordinance 19-03 Inclusionary Housing Page 3 of 5 bedroom, and two (2) 3-bedroom deed restricted units. Based upon the Ordinance formula for number of employees per unit type, the total credit would be 35.5 employees. This would leave 20.93 employee credits to future Lot C Development. This is the formula presented at the April 9, 2019 meeting, and the feedback received by Council indicated that this credit seemed high based on the smaller constructed unit sizes. o “Bedroom Allocation Accounting for Size Difference” takes the ratio of the total square footage of each unit type provided, and compares that to the square footage required if the 20 employee units were built under the proposed Ordinance (i.e. 8 studios x 500 square feet + 8 1-bdrms x 750 square feet). The Ordinance would require approximately 14,250 square feet of housing, and the existing 20 units total 7,712 square feet of housing. This equals approximately 54% of the “Bedroom Allocation” outlined above and would leave 4.65 employee credits for future Lot C development. This credit could accommodate a 69-room hotel project without triggering any additional mitigation. o “Average of the Two” is the average credit of the two formulas and would result in a credit of approximately 12.79 employee credits for future Lot C development. For perspective, this credit would accommodate a 191-room hotel project. Staff suggests that during this meeting Town Council conclude the credit rationale for Lots 2A, 2B, 3, and 5, Mountain Vista Resort Subdivision (“Lot C” in above chart). Please refer to Section 4 of the Ordinance, Page 7 of attachment 1, to see how the credit would be memorialized. • Historic PUD Approval Employee Offsets In Avon’s history, various PUD negotiations have resulted in the provision of employee dwelling units. Staff was asked to quantify them in accordance to the Employee Equivalents that would have been required. Note that the third column expresses the equivalents due at the PUD process only, and some of these projects evolved to have lower densities (resulting in lower requirements) than the requirement show. Of course, the PUDs may also have provided other types of public benefits not captured by this table. Calculation Type Total PUD Credits Credits Available for Lot C Bedroom Allocation 35.5 20.93 Bedroom Allocation Accounting for Size Difference 19.22 4.65 Average of the Two 27.36 12.79 Sheraton Credit Calculation Ordinance 19-03 Inclusionary Housing Page 4 of 5 • Development Bonus Regulations The Ordinance has been updated to remove the Development Bonus regulations. At the April 9, 2019 meeting it became clear that this section of the Ordinance should not be mixed with the inclusionary zoning regulations. CODE TEXT AMENDMENT PROCESS CODE TEXT AMENDMENT REVIEW CRITERIA The review procedures for this application are governed by the Development Code. According to the AMC §7.16.040(c), Review Criteria, the Town Council shall use the following review criteria as the basis for a decision to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in the Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The amendments are timely in addressing the housing needs of the Town and the greater Eagle County community, a condition that seems to be getting more pressing. They promote the health, safety and welfare of the community by linking new job generation to the provision of housing. They implement the goals and policies of the Comprehensive Plan, specifically “Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population,” “Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families,” and the Avon Community Housing Plan (ACHP). They conform to the Development Code purposes, specifically (n), “Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full-time residential community which is balanced with the visitor economy.” Name Units provided Meet Proposed Size? Emp Equivalents Req at PUD Emp Equivalents Provided by units (or $) Brookside PUD 3 yes 8.27 6 Chapel Square PUD 8 No 23.79 16 WR Gandorph PUD 1 yes 0.11 3 Sheraton PUD 20 No 20.2 35.5 Riverfront Original PUD $846,000 N/A 37.73-22.53 16.09 Riverfront 2018 PUD 2 yes 1.46 4.5 PUDs that Provided Employee Housing Ordinance 19-03 Inclusionary Housing Page 5 of 5 ATTACHMENTS 1: Ordinance 19-03 2: April 9, 2019 Town Council Staff Report 3: March 12, 2019 Town Council Staff Report 4: Nexus Analysis Proposal from RRC Associates, dated 4/15/19 5: Eagle County Housing Tools Matrix 6: Sections from the Town of Avon Community Housing Plan 7: Public Comment LINKS Eagle County Affordable Housing Guidelines https://www.eaglecounty.us/Housing/Documents/2014_Housing_Guidelines_May_13/ Avon Comprehensive Plan Master Appendix Tables http://avon.org/DocumentCenter/View/19348/Comprehensive-Plan-Master-Appendix ATTACHMENT 1 Ord. 19-03 – Amending Avon Municipal Code FIRST READING – May 14, 2019 Page 1 of 8 TOWN OF AVON ORDINANCE 19-03 APPROVING AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE FOR INCLUSIONARY HOUSING REGULATIONS RECITALS WHEREAS, the Avon Town Council (“Town Council”) initiated a code text amendment application (“Application”) to amend the text of the Avon Development Code (“ADC”) in accordance with ADC §7.16.040, Code Text Amendment; WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held public hearings on February 5, 2019 and February 19, 2019, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings to recommend approval of the Application to the Town Council; WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the power to adopt Health and Safety Codes, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the comfort, and convenience of its inhabitants; WHEREAS, the Town Council held public meetings on March 12, 2019, April 9, 2019, and May 14, 2019 to consider the Application and first reading; WHEREAS, the Town Council held a Public Hearing on July 9, 2019, after posting notice as required by law, considered all comments, testimony, evidence, Planning and Zoning Commission recommendations, and staff report prior to taking action on the Application; WHEREAS, the Town Council finds that changes to the Employee Housing Mitigation provides a method of delivering more community housing choices to residents and workers in the Town; WHEREAS, the Application was reviewed with the criteria listed in ADC §7.16.040(c), Review Criteria, and are found to be in substantial compliance; WHEREAS, the Application promotes and implements the goals and policies of the Avon Comprehensive Plan, including but not limited to implementation of the Avon Community Housing Plan by providing inclusionary housing requirements for new development; WHEREAS, former Lot C, Avon Center at Beaver Creek Subdivision, provided twenty (20) community housing units as part of the Sheraton Mountain Vista PUD in 2000 to serve all of former Lot C, and the Town Council desires to acknowledge the previous community housing ATTACHMENT 1 Ord. 19-03 – Amending Avon Municipal Code FIRST READING – May 14, 2019 Page 2 of 8 construction and provide a credit for housing mitigation for additional development on Lots 2A, 2B, 3 and 5 of Mountain Vista Resort Subdivision; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Home Rule Charter and the ADC by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Avon Town Council. Section 2. Amendment to Section 7.08 - Definitions. is hereby amended to read as follows with underline indicating language to be adopted: Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Town’s discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. Eagle Valley means the area between Vail and Dotsero, not including Burns, Bond, or McCoy. Property management means a building containing or intending to contain Condominium-Hotel Rooms, Rooming Houses, Boarding Houses, or Short-term Dwelling Units. Residential use means the use of a building or other structure as a dwelling. Section 3. Amendment to Section 7.20.100 - Employee housing mitigation. is hereby amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted: (a) Purpose. The purpose of this Section is to create housing which is affordable, the need for which is triggered by new development. This is accomplished through the creation of Employee Housing Mitigation units, deed restricting existing housing units, and/or payment of fees based on the number of workers created by the development. (b) Applicability. This Section shall apply to new multi-family residential (3 or more units), commercial, accommodation units, industrial and other non-residential development within the Town. This Section applies to all entities, including private and non-profit entities. (c) Exemptions. (1) Redevelopment of Pre-Existing Use and Change in Use. ATTACHMENT 1 Ord. 19-03 – Amending Avon Municipal Code FIRST READING – May 14, 2019 Page 3 of 8 Redevelopment or remodeling of an existing use or the change from one use to another is exempt from the requirements of this Section, provided such activity does not create additional employment generation as determined by Table 7.20-14, below. Only the uses and floor areas that existed prior to the redevelopment or remodeling shall be exempt from the requirements of this Section. Any new floor area or unit or any change in use which creates additional employee generation as determined by Table 7.20-14 shall be subject to the provisions of this Section. (2) Governmental projects and housing projects constructing Community Housing are exempt from this section. (3) Properties with preexisting vested rights are exempt from these requirements. (d) Employee Housing Mitigation Formulas When applicable, employee housing mitigation shall be provided in accordance with these standards: To determine the number amount of Employee Housing Mitigation units that must be provided, the following job generation, employee generation, and mitigation rate formulas shall be used: Table 7.20-14 Employee Housing Mitigation Formulas Factor Calculation Commercial Size of development Leasable square feet Jobs generated 2.8 per 1,000 sq. ft. Rate x sq. ft./1,000 Employees generated 1.2 jobs per employee Jobs generated/1.2 Households generated 1.8 employees per unit Employees generated/1.8 Units required Required mitigation 10% mitigation Households Jobs generated x 10% Lodging and Property Management Size of development # of rooms or # of units Jobs generated Lodge/hotel - # of rooms x 0.8 0.8/ room; Prop. management - # of units x 0.4 0.4/ unit Employees generated 1.2 jobs per employee Jobs generated/ 1.2 Households generated 1.8 employees per unit Employees generated/ 1.8 Units required Required mitigation 10% mitigation Households Jobs generated x 10% Residential Size of development # of Dwelling Units ATTACHMENT 1 Ord. 19-03 – Amending Avon Municipal Code FIRST READING – May 14, 2019 Page 4 of 8 Jobs generated .33 per dwelling unit # of units x 0.33 Employees generated 1.2 jobs per employee Jobs generated/1.2 Required mitigation 10% mitigation Jobs generated x 10% Note: The required employee housing mitigation shall be rounded to the nearest whole number. (e) Methods of Employee Housing Mitigation. (1) General Requirements. All Employee Housing Mitigation units shall be subject to a deed restriction acceptable to the Town and enforceable by the Town which limits occupancy of Employee Housing Mitigation units to persons with full-time employment in Eagle County. (2) For any of the following methods of producing Employee Housing Mitigation, all proposed units shall comply with the minimum size requirements shown in Table 7.20-15, and all applicable design requirements. TABLE 7.20-15 Minimum Size of Housing Units Type Minimum Size of Unit (Square Footage) Number of Employees Housed Studio 500 1.25 1 bedroom 750 1.75 2 bedroom 900 2.25 3 or more bedroom 1,225 3.5 (3) No Credit Given: If the residential square footage of the proposed Employee Housing Mitigation unit(s) is in excess of the minimum required residential square footage, the additional residential square footage shall not be eligible for use as any form of future credit or for the Employee Housing Mitigation. (f) Priorities for Employee Housing Mitigation: (1) Construction of Employee Housing Mitigation unit(s) on the site on which the development is proposed. (2) Construction of deed restricted Employee Housing Mitigation unit(s) within the Town, provided such land, site or structure has not been previously deed-restricted to employee or affordable housing by any party. (3) Construction of Employee Housing Mitigation unit(s) outside the Town but within the Eagle Valley, provided such land, site or structure has not been previously deed-restricted to employee or affordable housing by any party. Prior to construction of such unit(s), consent of the relevant jurisdiction or homeowner’s association (if required) to placement ATTACHMENT 1 Ord. 19-03 – Amending Avon Municipal Code FIRST READING – May 14, 2019 Page 5 of 8 of a deed restriction on the unit(s) must be obtained, in addition to any required land use approvals. Units outside of the Town must be within the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, within the Up or Mid Valley, as defined by the Eagle River Valley Housing Needs and Solutions plan. Units constructed shall be valued at .75 of the applicable required Employee Mitigation rate. (4) Deed restricting existing free market unit(s) within the Town or the Eagle Valley. i. As a condition of approval when the deed restriction of existing free market unit(s) is proposed, the Applicant must obtain the approval of the Town for the specific unit(s) and the deed restriction agreement language for the unit(s) to be deed restricted. The Applicant must demonstrate to the satisfaction of the Town that: a. the long-term affordability of the proposed Employee Housing Mitigation unit(s) is adequately protected, considering issues including but not limited to long term maintenance and homeowner’s assessments; and b. the affected property does not prohibit the type of housing proposed. The Town may request additional information about the proposed unit(s) as reasonable to make such a determination. Such approval may contain provisions to ensure that any Employee Housing Mitigation unit(s) subject to a deed restriction meets long term standards for maintenance and affordability. ii. Employee Housing Mitigation units outside of the Town must be within the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, within the Up or Mid Valley, as defined by the Eagle River Valley Housing Needs and Solutions plan. iii. Prior to deed restriction of Employee Housing Mitigation unit(s) when located outside the Town, consent of the relevant jurisdiction or homeowner’s association (if required) to placement of a deed restriction on the unit(s) must be obtained, in addition to any required land use approvals. iv. Deed restricted units outside of the Town shall be valued at .75 of the applicable required Employee Housing Mitigation rate. (5) Fees-in-lieu, as defined by Town Council resolution and updated every two years, may be provided only for any fractional remainder of the Employee Mitigation requirement generated under this Section totaling less than 1.0 employee, subject to the following requirements: i. Time of Payment and Use of Funds. Payment of the fee in-lieu shall be made to the Town prior to the issuance of any Certificate of Occupancy or Temporary Certificate of Occupancy for the free market portion of the development. ii. Interest Bearing Account. The Town shall transfer the funds to an interest-bearing account. ATTACHMENT 1 Ord. 19-03 – Amending Avon Municipal Code FIRST READING – May 14, 2019 Page 6 of 8 iii. Authorized Uses of Fees. The funds, and any interest accrued, shall be used only for the purpose of planning for, subsidizing, or developing community housing. (g) Mitigation plan required. The Mitigation plan shall include the following: (1) Calculation and method. The calculation of, and method by which Employee Housing Mitigation units are to be provided, in compliance with Table 7.20-14 and Section 7.20.100(d). (2) Unit Descriptions. If deed restricted Employee Housing Mitigation units are to be developed, a site plan and building floor plans (if applicable), illustrating the number of units proposed, their location, the number of bedrooms, gross floor area of each unit, and the rental/sale mix of the development. (3) Timing of review/amendments. The Employee Housing Mitigation plan shall be submitted to and approved by the Director prior to, or concurrent with, application to the Town for the free market portion of the initial development plan. Review and approval of plans by the Town for construction of Employee Housing Mitigation shall be prior to, or concurrent with, the free market portion of the development plan. Any amendment to the Employee Housing Mitigation plan shall require Director approval. (h) Certification of Action. The Director, or its designee, shall certify the approval, approval with conditions, or denial of the Employee Housing Mitigation plan, or of an amendment thereto. Such approval, approval with conditions, or denial shall be based on compliance with the provisions of this Chapter. (i) Appeal. Upon final approval or denial of the Employee Housing Mitigation plan by the Director an appeal to Town Council may be filed pursuant to Section 7.16.160 - Appeal. (2) Employee housing units shall be located on-site. The applicant may propose alternatives to on-site employee housing mitigation in accordance with the alternative equivalent compliance process set forth in Section 7.16.120. When considering proposals for off-site employee housing, preference shall be given to locations closer to the applicant's property, locations in the Town and locations which are served by mass transit. (3) Employee housing units shall be owned by the owner of the commercial space for which the employee housing units serve and shall be used exclusively by employees of such commercial space; or employee housing units shall be offered for sale subject to a deed restriction that restricts the appreciation of price and which restricts eligible buyers and renters in accordance with the form of price controlled housing deed restriction adopted by the Town. Applicants may voluntarily propose to meet the employee housing units with rent controlled units through the alternative equivalent compliance process. (4) Employee housing mitigation shall be satisfied by providing one (1) residential studio unit, one (1) bedroom in a residential unit or any combination thereof, for each required employee housing unit of mitigation. The minimum size for a studio unit shall be five hundred (500) square ATTACHMENT 1 Ord. 19-03 – Amending Avon Municipal Code FIRST READING – May 14, 2019 Page 7 of 8 feet and the minimum size for a one-bedroom residential unit shall be seven hundred fifty (750) square feet.” Section 4. Sheraton Mountain Vista. Town acknowledges the housing provided previously as part of the Sheraton Mountain Vista Planned Unit Development and adopts the interpretation that previously constructed housing is calculated as providing a total of [35.5 or 19.22 or 27.36] employee housing credits, and that a balance of [20.93 or 4.65 or 12.79] employee housing credits shall be available to be applied to satisfy employee housing mitigation requirements for development of Lots 2A, 2B, 3 and 5, Mountain Vista Resort Subdivision. Section 5. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 6. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 14, 2019 and setting such public hearing for July 9, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. ATTACHMENT 1 Ord. 19-03 – Amending Avon Municipal Code FIRST READING – May 14, 2019 Page 8 of 8 BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on July 9, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Kathryn M Sellers, Town Attorney TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Town Council From: David McWilliams, AICP, Town Planner Matt Pielsticker, AICP, Planning Director Date: April 9, 2019 Topic: FIRST READING OF ORDINANCE 19-03, APPROVING AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE, FOR INCLUSIONARY ZONING AND DEVELOPMENT BONUS REGULATIONS ACTION BEFORE COUNCIL Before Council is action on First Reading of Ordinance 19-03, approving amendments to Title 7 of the Avon Municipal Code for Inclusionary Zoning and Development Bonus Regulations. AVAILABLE ACTIONS - Continue 1st Reading of Ordinance 19-03 to a future meeting, pending additional information. This would allow for a discussion and direction to return with additional information. - Approve 1st Reading of Ordinance 19-03, thereby setting a public hearing date of April 30, 2019. RECOMMENDED MOTION “I move to approve first reading of Ordinance 19-03, setting a final reading and public hearing date of April 30, 2019.” CODE TEXT AMENDMENT PROCESS CODE TEXT AMENDMENT REVIEW CRITERIA The review procedures for this application are governed by the Development Code. According to the AMC §7.16.040(c), Review Criteria, the PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in the Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The amendments are timely in addressing the housing needs of the Town and the greater Eagle County community, a condition that seems to be getting more pressing. They promote the health, safety and welfare of the community by linking new job generation to the provision of housing. They implement the goals and policies of the Comprehensive Plan, specifically “Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population,” “Coordinate with neighboring communities to provide an attainable housing program ATTACHMENT 2 that incorporates both rental and ownership opportunities, affordable for local working families,” and the Avon Community Housing Plan (ACHP). They conform to the Development Code purposes, specifically (n), “Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy.” SUMMARY OF MARCH 12, 2019 TOWN COUNCIL MEETING The March 12, 2019 presentation and meeting materials focused on the background, supporting documents, scope, applicability, and potential impacts. Specific elements of proposed code were highlighted to spur discussion and individual members of Town Council gave feedback for various parts of the proposed language. Below is a list of those points, with staff comments. • Difference between Eagle County worker and a Telecommuter Staff contacted George Ruther, Housing Director with the Town of Vail, to inquire about how the recent Chamonix housing development addressed this question. For that project, Vail enforces employment with a local business. For the rest of Vail, “The Town does permit telecommuting, sort of, but not entirely, yet. We do have residents in deed restricted housing that receive a pay check from an out of town parent company, but all of their work is local and servicing the local community. For example, this exists in Vail in certain health care positions and several technology positions. Again, the pay check may be coming from Atlanta, however, all the service being provided is local. By contrast, we would not permit a hedge fund manager to work in Vail, get a pay check from New York, and provide all their services to a firm on Wall Street.” Staff feels that the regulations as presented would allow the same type of employment profile as Vail uses in their deed restricted housing. In the future, individual housing projects may merit additional considerations that limit or expand allowances for telecommuters. • Additional definitions Staff included the following definitions in the definitions section of Chapter 7: property management; residential use; community housing (Attachment 1). The community housing definition is the same as the one proposed in Ordinance 19-01, Community Housing Incentives. Code currently includes the following definition that would apply to the Jobs Generated portion of Table 7.20-14, Lodge/Hotel of .8 per room: “Hotel, motel and lodge means a building, excluding bed and breakfast, containing any room or group of rooms used primarily for short-term transient lodging for a total continuous duration of less than thirty (30) days and which may include accessory uses, such as offices, laundry facilities, recreational facilities, lobbies, lounges, kitchen and dining facilities, meeting rooms, retail and other similar accessory uses commonly associated with hotels, motels and lodges.” • Subdivision regulations Subdivision regulations are not currently proposed in the Code Text Amendment (CTA) because the proposed language adequately captures the perceived needs of the town, and staff suggests keeping the language as proposed. Development application submittal is the appropriate timing since that is when details of a new development application are finalized for review. • Multifamily Employee Generation Rate Staff proposed a Multifamily Employee Generation Rate of .33 employees per dwelling unit. This was “ripped” from Telluride’s development code. Staff reached out to planning staff in Telluride and learned that the number is based on a 1994 nexus study, similar to the 2008 study conducted in Eagle County. While Telluride has been using this number for 25 years, their planning staff could not find the original document or confirm the exact scope (number of communities sampled) for the study. ATTACHMENT 2 • Relevance of the 2008 Eagle County Nexus/ Proportionality Analysis for Commercial Development/ Workforce Housing Linkage While there are no industry standards on how up-to-date studies must be, in practice they are typically updated when new fees are being significantly altered or when new linkage programs are being enacted. Staff reached out to the Tori Franks (Valley Home Store), Willa Williford (independent consultant), and Melanie Rees (independent consultant), to provide feedback about the current study and the possibility of updating the study. When the Eagle County Housing Needs Assessment was updated last year, 53 local employers responded to the survey questions. Connecting this updated data to the larger data set from the 2008 Eagle County Nexus/Proportionality Analysis for Commercial Development would allow for the team to examine rates by type of employment. A residential rate may also be possible to produce. Eagle County is interested in partnering to update the study if the Council so desires. Staff is still working with the County and the consultants to determine the scope, timeframe (roughly 3 months), and potential costs (roughly $10,000), which could be split 50/50 with Eagle County. Alternatively, staff could spearhead a project that surveys only Town of Avon businesses (instead of an enlarged sample from multiple mountain communities) to get smaller scale estimate of the commercial linkage equivalents but could probably not independently produce an accurate residential rate. • Single Family and Duplex Regulations The current CTA excludes housing developments of less than three (3) dwelling units to limit the impact on the primarily residential neighborhoods. There are few parcels zoned for single family or duplex that have yet to develop in Avon. If desired, staff could present an updated CTA that requires a fee-in-lieu for new development, redevelopment, and additions. Staff analyzed some recently approved developments in the Town of Avon according to Employee Equivalent requirements in Telluride and Aspen (and using the fee-in-lieu potentially to be adopted by Avon, at 100% AMI) to illustrate different options that have been used. Avon’s Equivalent was calculated as if the .33 employees generated per residential dwelling unit applied to single family dwellings, and it would not be possible to account for additions. Telluride calculates an employee equivalent based on a logarithmic scale thus increasing the number of equivalents per square feet as the size increases. That is, a large house is expected to generate more employees per square foot than a small one. Aspen has a mitigation per 1,000 square feet of floor area and the rate rises after 4,500 square feet. With these protocols, building additions could also be subject to inclusionary zoning regulations, as opposed to a simple dwelling unit count. These protocols are not proposed specifically, and staff suggests that if Town Council wishes to include developments with less than three (3) units, a measure thereby exempting houses under a certain size (perhaps 4,000 square feet) from the regulations, and then a scale that imposes fees per square feet should be used. No changes to the Ordinance have been made and staff seeks guidance on these potential changes. Avon Equivalent Telluride Equivalent Aspen Equivalent 2177 Saddle Ridge (3592 SF)1,446$ 32,501$ 30,214$ 465 Paintbrush (10912 SF)1,446$ 186,953$ 159,205$ Bear Trap Remodel (4293 to 5657 SF)-$ 14,216$ 23,638$ ATTACHMENT 2 • Government Inclusion in requirements – Who is exempt? Staff updated the language to represent a more realistic view of valley needs. All government entities are constructing things for a public purpose, and Town should not burden that objective. Community Housing projects are not exempt, because they would presumably have deed restrictions attached to them. • Funds eligible to be returned in 7 years? Staff deleted this language from the CTA and proposes no time limit. There is no obligation to return fees, however, there is an obligation to place fees in separate account for housing specific purpose. • Sheraton Mountain Vista The required housing mitigation for the Sheraton Mountain Vista PUD development on Lot C, Avon Center at Beaver Creek, included 20 units of deed restricted housing, constructed as eight (8) studio, eight (8) 1-bedroom, two (2) 2-bedroom, and two (2) 3-bedroom deed restricted units. The square footage of these units is smaller than the minimum size requirements in the proposed standards. A total of 7,712 square feet of employee housing was constructed. Under the proposed regulations, 14,250 square feet would be required for new housing mitigation. However, staff believes these units are functioning in a manner to provide housing for 35-36 employees. Therefore, staff supports the application of the employee mitigation plan based on the bedroom count rather than the new proposed minimum square footage requirement. Based on the bedroom count, the 20 units of employee housing mitigation constructed by Sheraton Mountain Vista amounts to 35.5 Employee Equivalents under the proposed formulas. The existing Sheraton Mountain Vista Phase 1 timeshare building would have required employee housing mitigation in the amount of 14.57 Employee Equivalents, as demonstrated on the Mitigation Requirement sheet prepared as part of the March 12 staff report, attachment 3. Staff suggests that the balance of 20.93 Employee Equivalents (35.5 - 14.57) could be allocated as a credit for employee housing mitigation for additional development of Sheraton Mountain Vista, Lots 2, 3 and 5 under the proposed inclusionary housing regulations, for a total of 627 timeshare units. Below is a breakdown of the unit types, square footage, and Employee Equivalents. Unit Bedrooms Square Feet Employee Equivalent Square Feet Required by Proposed Code E201 3 849 3.5 1,225 E301 3 807 3.5 1,225 E202 2 497 2.25 900 E302 2 495 2.25 900 E203 1 405 1.75 750 E204 1 405 1.75 750 E205 1 405 1.75 750 E206 1 405 1.75 750 E303 1 405 1.75 750 E304 1 405 1.75 750 E305 1 405 1.75 750 E306 1 405 1.75 750 E207 0 222 1.25 500 E208 0 230 1.25 500 ATTACHMENT 2 E209 0 230 1.25 500 E210 0 230 1.25 500 E307 0 222 1.25 500 E308 0 230 1.25 500 E309 0 230 1.25 500 E310 0 230 1.25 500 TOTAL 18 7712 35.5 14,250 • Eagle County Affordable Housing Guidelines update Eagle County’s guidelines mentioned in the March 12, 2019 staff report deserve a closer look. These guidelines apply for all commercial projects and all residential projects with three (3) or more units, including government non-profit. According to the Eagle County Affordable Housing Guidelines, for residential developments, the mitigation rate: “Is the higher of 1) 25% of the total residential units in a Project or 2) 15% of the total residential Square Footage of a Project… This Inclusionary Housing mitigation rate is substantially below the 61% of residential units in Eagle County that are currently occupied by local residents. As Eagle County is aware that not all local residents desire to live in Affordable Housing, this lower rate is justified.” “…For commercial developments, an applicant should mitigate the impact on Eagle County’s housing stock by building Affordable Housing for at least 45% of the new employees generated by the project that will earn less than 140% of AMI. This 45% mitigation rate is based on the percentage of Cost Burdened Households in Eagle County…Mixed Use Developments Eagle County typically encourages mixed-use developments. If both Commercial Mitigation and Inclusionary Housing requirements apply because the application contains a mix of Commercial Development and Residential Development, then the higher of the Affordable Housing requirement for Commercial Mitigation or Inclusionary Housing will apply. “ Tori Franks states that most properties in unincorporated Eagle County is single-use, or that the residential rates have been applied to mixed use development. Methods of housing mitigation for Eagle County are shown below: 1. Price Capped For Sale Housing with a maximum Initial Sales Price set at or below 100% AMI affordability level will be given full credit. 2. Affordable Rental Housing with a deed restriction requiring rents to be set at or below the 80% AMI affordability level maybe given increased credit if a recent market analysis shows the need for additional Affordable Rental Housing in the rental project’s location. 3. Resident Occupied For Sale Housing, which includes a 2.0% transfer fee on all sales to non-Eligible Households, without regard to AMI, will be given 0.50x credit. 4. A donation of land to ECHDA within a reasonable vicinity of the applicant’s Project will be given 0.50x credit. 5. Off Site Development will be given 0.50x credit. In cases where the off site location has a higher Affordability Gap than the development site, full credit maybe awarded. 6. A Payment in Lieu may be made to ECHDA. 7. An applicant may use Affordable Housing Credits. 8. Other Public Benefits may be provided to offset some portion of Affordable Housing. ATTACHMENT 2 To the right is an estimate of the mitigation based on Eagle County guidelines, next to the proposed Mitigation estimation from this CTA. Note that because there is no Property Management category in the Eagle County guidelines, staff credited that category with the Residential rate for the Eagle County mitigation calculation. Sheraton Mtn Vista USE TOA Mitigation EC Mitigation Lodge/Hotel 12.0 54.0 Prop. Management 0.0 0.0 Commercial SF 2.6 11.5 14.6 65.5 Wyndham USE TOA Mitigation EC Mitigation Lodge/Hotel 4.9 22.2 Prop. Management 0.0 0.0 Commercial SF 0.5 2.1 5.4 24.3 Lot B Hotel USE TOA Mitigation EC Mitigation Lodge/Hotel 9.5 42.6 Prop. Management 0.1 1.0 Commercial SF 0.1 0.6 9.7 44.2 Colorado World Resorts USE TOA Mitigation EC Mitigation Lodge/Hotel 0.0 0.0 Prop. Management 2.7 20.3 Commercial SF 0.0 0.0 2.7 20.3 Town Council Hypothetical USE TOA Mitigation EC Mitigation Lodge/Hotel 6.7 36.0 Prop. Management 0.3 2.5 Commercial SF 1.2 6.3 8.2 44.8 ATTACHMENT 2 ATTACHMENTS ATTACHMENT 1: Ordinance 19-03 ATTACHMENT 2: March 12, 2019 Town Council Staff Report ATTACHMENT 3: Eagle County Housing Tools Matrix ATTACHMENT 4: Sections from the Town of Avon Community Housing Plan ATTACHMENT 5: Public Comment LINKS Eagle County Affordable Housing Guidelines https://www.eaglecounty.us/Housing/Documents/2014_Housing_Guidelines_May_13/ Avon Comprehensive Plan Master Appendix Tables http://avon.org/DocumentCenter/View/19348/Comprehensive-Plan-Master-Appendix ATTACHMENT 2 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Town Council From: David McWilliams, AICP, Town Planner Matt Pielsticker, AICP, Planning Director Date: March 12, 2019 Topic: FIRST READING OF ORDINANCE 19-03, APPROVING AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE, FOR INCLUSIONARY ZONING AND DEVELOPMENT BONUS REGULATIONS ACTION BEFORE COUNCIL Before Council is action on First Reading of Ordinance 19-03, approving amendments to Title 7 of the Avon Municipal Code for Inclusionary Zoning and Development Bonus Regulations AVAILABLE ACTIONS - Continue 1st Reading of Ordinance 19-03 to a future meeting, pending additional information. This would allow for a discussion and direction to return with additional information. - Approve 1st Reading of Ordinance 19-03, thereby setting a public hearing date of April 9, 2019. RECOMMENDED MOTION “I move to approve first reading of Ordinance 19-03, setting a public hearing date of April 9, 2019.” CODE TEXT AMENDMENT PROCESS CODE TEXT AMENDMENT REVIEW CRITERIA The review procedures for this application are governed by the Development Code. According to the AMC §7.16.040(c), Review Criteria, the PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in the Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The amendments are timely in addressing the housing needs of the Town and the greater Eagle County community, a condition seems to only be getting more pressing. They promote the health, safety and welfare of the community by linking jobs generated to the provision of housing. They implement the goals and policies of the Comprehensive Plan, specifically “Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the ATTACHMENT 3 population,” “Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families,” and the ACHP. They conform to the Development Code purposes, specifically (n), “Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy.” SUMMARY OF PROPOSED CHANGES Two code text amendments are proposed for the Avon Development Code (ADC) relating to community housing. Employee Housing Mitigation Staff was directed, through the Avon Community Housing Plan (ACHP sections, Attachment 4; full document linked below), to determine an approach for inclusionary zoning and commercial linkage. Many communities in the valley and the state have these programs in an attempt to offset housing from the production of jobs that a new development generates. Included as Attachment 3 is a matrix, created by the Valley Home Store, of practices in neighboring communities. The proposed strategy does not explicitly meet the ACHP income range goal for Area Median Income (AMI) between 80% -120%, but the many of the units provided are expected to be in the Town Core, and accessible to transit, groceries, and other associated amenities, making them desirable to a wide array of residents. PZC work sessions and public hearings informed staff to include updated criteria defining the affordability range to include the above referenced AMI level, specify the “up or mid valley” (defined by the Eagle River Valley Housing Needs and Solutions plan, linked below) as the required location for the provision of off-site housing, and change the fee-in-lieu requirements. Below is a list of some of the properties that staff imagines may be subject to the inclusionary zoning requirements in the foreseeable future given the underdeveloped (or undeveloped) nature of the properties. It would not apply to properties with vested rights (like the Riverfront or Village at Avon). They are represented visually to the left. PZC’s recommendation to Town Council includes a condition to recognize the contribution of Lot C Avon Center at Beaver Creek subdivision (the Sheraton) for having provided twenty (20) units during the original PUD development. Since then, Lot C rezoned from PUD to Town Center, and would be required to offset employees during any development application. Staff has included language in the draft Ordinance to call out and acknowledge the unique circumstance whereby Lot C provided upfront community housing units that exceed the target goals in the Ordinance. ATTACHMENT 3 Staff investigated where the employee generated number (.8 per room for Lodge / Hotel; .4 per room for property management; 2.8 per 1,000 square feet of commercial; .33 per residential dwelling unit) originated from. These numbers (except for the residential rate) are currently included in the ADC despite there being no offset required. Staff found that these number come from the 2008 Eagle County Nexus/Proportionality Analysis for Commercial Development/Workforce Housing Linkage report generated in January 2008 (included as a link below). The report surveyed 2,169 employers from mountain communities to determine these numbers. This number is used currently in Eagle County to determine mitigation rates for certain development applications. The linkage formulas continue to be used by Eagle County for calculations. The residential rate came from Telluride’s policy. The Mitigation Plan Required is subject to Community Development Director approval and includes five (5) Design Requirement types: (1) on–site construction; (2) off-site construction within Avon; (3) off-site construction outside Avon but in the “Up or Mid Valley”; (4) Deed restricting existing units within or outside of Avon but in the “Up or Mid Valley”; and (5) Fees-in-Lieu to for the fractional remainder. Allowing the provision of mitigation outside of Town boundaries is one of many important policy decisions this Amendment proposes. Also, the proposed language does not prioritize the type of mitigation provision (except for the fee-in-lieu). Instead, staff anticipates that applicants will devise creative methods of mitigation with the options available and does not want to unnecessarily burden development with Design Requirement typology limitations. Town Council should carefully weigh the implications of these measures. The Minimum Size of Housing Units (TABLE 7.20-15) is based in part off current code provisions for employee housing. Staff created the table with the assumption that while not directly tied to the AMI ranges contemplated in the ACHP, the type and location would be attractive. Below is the table, with another column that describes the square footage per employee that code would require. Building or complex name Address Acres Benchmark Shopping Center 82 Beaver Creek Boulevard 2.13 1st Bank 11 West Beaver Creek Boulevard 1.714 Christy Sports 182 Avon Road 0.928 Annex 142 Benchmark 1.496 Nottingham Commercial Lots 121 - 111 Nottingham Road 1.067 Avon Center Lot C 160 West Beaver Creek Boulevard 2.28 160 West Beaver Creek Boulevard 0.583 Nottingham Ranch 68-95 Post Boulevard 3.8 Chapel Square parcels 92 Benchmark 2 140 Benchmark 2.864 230 Benchmark 1.08 Avon Plaza 150 East Beaver Creek Boulevard 1.33 North-71 91 Beaver Creek Place 0.57 ANB Bank 71 Beaver Creek Place 0.76 51 Beaver Creek Place 0.59 ATTACHMENT 3 After some deliberation with PZC, the fees-in-lieu portion of the process is proposed to only be triggered when less than a single unit is required for mitigation. Staff feels that this achieves the intent of the code section by generating units and not money. As written, the code requires Town Council to approve a resolution to determine the fee structure. An example of a proposed fee structure (taken from the Eagle County Affordable Housing Guidelines: Administrative Procedures) is illustrated below, with 80% and 100% AMI levels to illustrate the difference depending or other factors as appropriate. Calculation of Fee in Lieu 80% AMI 100% AMI Area Median Income for Family of 3 $ 62,640 $ 78,300 Maximum Initial Sales Price $ 213,150 $ 266,156 Affordable Price per square Foot $ 189.25 $ 236.31 Market Price per Square foot $ 350.60 $ 350.60 Administrative Fee 15% 15% Payment in Lieu per Square Foot $ 186.55 $ 131.43 Staff estimates the table below to be a fair representation of the current Inclusionary Zoning/ Commercial Linkage requirements of other jurisdictions. Staff does not guarantee these numbers but trusts that they provide a fair estimate of the overall appetite in different mountain communities. Some communities highly value employee housing but use different mechanisms to attain it. Jurisdiction Commercial Rate Residential Rate Eagle County 45% 45% Telluride 40% 60% Vail 20% 10% of GRFA San Jose, CA 20% 20% Basalt 20% 25% San Miguel County 15% 15% Snowmass 60% 60% Aspen/Pitkin 60% 60% Mt. Crested Butte ? 15% Crested Butte none none Frisco none none Silverthorne none none ATTACHMENT 3 Finally, staff put everything together and analyzed the development scenarios for some recent projects to calculate the hypothetical mitigation regime needed. The table on the following page illustrates the estimated “footprint” of various projects and the accompanying number and type of units (and fee-in-lieu) that would be required for compliance with the code. The employee units required could be provided through any of the methods found in section 7.20(d). Note that staff interprets the Colorado World Resorts project to be under the “Property Management” Jobs Generated (.4 jobs per unit) category, as opposed to the other properties that are under “Lodge/ Hotel” (.8 jobs per unit). ATTACHMENT 3 USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Mitigation Rate Emp. Mitigation Required 3br 2 br 1 br Stud. Left Over 80% AMI Fee 100% AMI Fee Lodge/Hotel 190 .8/Rm 144 1.2 120.0 10%12.00 Prop. Management 0 .4/Rm 0 1.2 0.0 10%0.00 Commercial SF 11,000 2.8 30.8 1.2 25.7 10%2.57 14.57 4 0.57 42,009$ 29,756$ Wyndham USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Mitigation Rate Emp. Mitigation Required 3br 2 br 1 br Stud. Left Over 80% AMI Fee 100% AMI Fee Lodge/Hotel 74 .8/Rm 59.2 1.2 49.3 10%4.93 Prop. Management 0 .4/Rm 0 1.2 0.0 10%0.00 Commercial SF 1,956 2.8 5.4768 1.2 4.6 10%0.46 5.39 1 1 0.64 47,481$ 33,632$ USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Mitigation Rate Emp. Mitigation Required 3br 2 br 1 br Stud. Left Over 80% AMI Fee 100% AMI Fee Lodge/Hotel 142 .8/Rm 113.6 1.2 94.7 10%9.47 Prop. Management 4 .4/Rm 1.6 1.2 1.3 10%0.13 Commercial SF 536 2.8 1.5008 1.2 1.3 10%0.13 9.73 2 1 0.98 72,369$ 51,261$ Colorado World Resorts USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Mitigation Rate Emp. Mitigation Required 3br 2 br 1 br Stud. Left Over 80% AMI Fee 100% AMI Fee Lodge/Hotel 0 .8/Rm 0 1.2 0.0 10%0.00 Prop. Management 81 .4/Rm 32.4 1.2 27.0 10%2.70 Commercial SF 0 2.8 0 1.2 0.0 10%0.00 2.70 1 0.95 70,509$ 49,943$ Sheraton Mtn Vista Lot B Hotel ATTACHMENT 3 Development Bonus The Development Bonus section was originally proposed in 2009 as part of the ADC overhaul. Staff decided to propose an updated version of this section as an appropriate method to gain additional employee housing or other public benefits when applicants are seeking certain relief from the ADC. This is a likely alternative to the PUD process (of negotiated zoning) that should still combine public benefits with appropriate design. Benefits to the Town include: • Housing • LEED or similar certification • Public parking or transit contribution • Pedestrian enhancements • Streetscape enhancements • Water rights dedication Where an applicant may be allowed leniency in the following development standards: • Increased building height • Lot coverage (for the Town Center District) • Reduced parking minimums • Reduced building permit fees • Increased residential density (in the Residential High-Density RH district) • Reduced landscape area • Landscape unit requirements The list of benefits and leniency types could be reduced as Town Council finds appropriate. For example, Housing could be the only benefit type, and could only result in an increase of density. This specific example of a narrowed approach is not anticipated to provide for any additional housing in the Town Center Zone district, as there is no density maximum in that zone district. Since the PZC work sessions and public hearings, staff updated the language to include a housing density bonus applicable to the R-H (residential high-density) zone district, where the dimensional standards include a density maximum of dwelling units per acre. An applicant would have the ability to negotiate an increase to the units per acre of the project based on the provision of community housing units, defined as reaching an AMI of 80% -140%. This example came from Frisco, where the bonus is not part of a negotiated process, but by-right in certain zone districts near their core. ATTACHMENTS ATTACHMENT 1: Ordinance 19-03 ATTACHMENT 2: PZC Record of Decision and Recommendation ATTACHMENT 3: Eagle County Housing Tools Matrix ATTACHMENT 4: Sections from the Town of Avon Community Housing Plan ATTACHMENT 5: Public Comment LINKS 2008 Eagle County Nexus/ Proportionality Analysis for Commercial Development/ Workforce Housing Linkage https://www.eaglecounty.us/Housing/Documents/2008_NEXUS_commercial(4)/ Town of Avon Community Housing Plan https://www.avon.org/DocumentCenter/View/18728/Avon-Housing-Plan?bidId= ATTACHMENT 3 Summary of Inclusionary Zoning Practices in Colorado Communities – Chafee County http://www.chaffeehousing.org/EndUserFiles/57044.pdf Eagle River Valley Housing Needs and Solutions http://minturn.org/pdf/PublicNotices/2018%20Eagle%20Valley%20Housing%20Needs%20and%20S olutions%20FINAL.pdf ATTACHMENT 3 Proposal -- Nexus Analysis for Workforce Housing Linkage Programs Submitted to: Kim Willams, Eagle County Housing Department Matt Pielsticker, Town of Avon Submitted by: David Becher, RRC Associates, LLC Melanie Rees, Rees Consulting, Inc. Date: 04/15/2019 This proposal outlines a scope of work, budget and timeline to prepare a nexus study for workforce housing linkage programs. The proposed report will update job generation rates for commercial development last calculated for Eagle County 2008 and provide rates for residential development. Scope of Work 1. Commercial Development – Providing employment generation rates for commercial uses using a database created by RRC and Rees Consulting of employer surveys conducted in a variety of comparable mountain counties. Multiple communities have been added to the dataset since Eagle County’s last next report was prepared in 2008. This work will entail: • Adding data from the 2018 Eagle County employer survey; • Generating overall job generation rates for the database as a whole and for Eagle County; • Providing estimates by 10 use categories and lodging for the merged database. The sample size for Eagle County alone will be too small to provide estimates for all 10 categories; and, • Combining the 10 use categories into three or four use categories depending upon Eagle County sample size. ATTACHMENT 4 2. Residential Development – Providing employment generation rates for residential development using a distinct database created by RRC/Rees using homeowner operations and maintenance surveys conducted in comparable mountain communities starting in 2000. This work will involve: • Determining the size categories for which rates are needed; • Examining the use of a regression formula through which fees could be stepped up incrementally based on size; • Comparing rates for Eagle County from 2002 survey to the merged database; • As an option, estimating construction employment using secondary data sources. 3. Mitigation Formula – Providing the methodology for converting job generation into workforce housing demand using a series of survey-based assumptions including multiple job holding. 4. Fee in Lieu Calculation – Describing the methodology for calculating fees in lieu using a Market-Affordable Cost Gap approach. Eagle County will continue to update the fee annually. Budget We propose a budget in the range of $14,500 to $17,000 depending upon the inclusion of construction estimates in job generation for Residential Development and how we handle job generation for large homes. Estimated Cost Commercial Job Generation $3,500 Residential Job Generation $4,500 - $7,000 Mitigation Formula $2,000 Fee in Lieu Calculation Methodology $500 Database Access $4,000 Total $14,500 - $17,000 Timeline Work on the report will commence by mid May. A draft of the report will be completed no later than Friday, June 14th. ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 5 The Comprehensive Plan: • Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. • Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Goals and Objectives of this Housing Plan are as follows: • Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income - $430,000 for a household of three people in 2018. • Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental housing stock, to create a more balanced portfolio with a long- term goal of 50% rental, 50% ownership. • When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level. • Stabilize or increase the percentage of year-round residents; currently 55% of all dwelling units in Avon are occupied by year-round residents. • Stabilize or increase the percentage of Eagle County working residents Avon. • Seek to add at deed restricted units to the inventory in the short term. • Strengthen regional partnerships with other communities and entities (i.e. Habitat for Humanity, other municipalities, Eagle County) to make projects happen. • As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population. • Re-evaluate goals and objectives on an annual basis, including the ongoing monitoring of new projects and housing stock in the mid-valley; appendices may be updated by Resolution. Strengths and Assets • An inventory of 670 price-controlled housing units, 63 of which are deed restricted for sale units that were a result of successful PUD negotiations; Policy • Update mitigation/linkage policies to be more proactive in addressing housing needs. Current policies are limited to very narrowly defined locations and development requests, and the current mitigation rate is low compared with peer communities. • Consider implementing an inclusionary housing policy. Inclusionary housing was considered in the 2010 code update, but was not adopted at that time. Inclusionary housing is a tool to create housing affordable to locals. It is recommended to look at inclusionary housing and mitigation/linkage at the same time, to better understand how the two tools complement each other, support ATTACHMENT 6 policy goals, and maintain a level playing field for commercial and residential development. Inclusionary Housing A percentage of residential units in new subdivisions/PUDs are workforce housing. Market homes support workforce units. Only effective if new subdivisions/PUDs are developed/ redeveloped. Carbondale, Eagle, Eagle County, San Miguel County Linkage/Mitigation Requiring new residential and/or commercial development to contribute to workforce housing relative to demand generated by the new construction. For residential, mitigation rate often increases with house size, and deed restricted units are typically exempt. Fees in lieu provides revenue stream that fluctuates with building activity. Documented relationship between fee and impact required. Telluride, Aspen, Mt. Crested Butte ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 7 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: Preston Neill, Deputy Town Manager Meeting Date: May 14, 2019 Agenda Topic: RESOLUTION 19-11 APPROVING A LEASE AGREEMENT WITH VAIL TENURE, LLC FOR WORKER HOUSING AT THE 351 BENCHMARK BUILDING (OLD FIRE STATION) ACTION BEFORE COUNCIL Council is asked to review and take action on Resolution 19-11 Approving a Lease Agreement with Vail Tenure, LLC for Worker Housing at the 351 Benchmark Building. PROPOSED MOTION “I move to approve Resolution 19-11 Approving a Lease Agreement with Vail Tenure, LLC for Worker Housing at the 351 Benchmark Building.” SUMMARY In the fall of 2018, the Town entered into a master lease agreement with Richard Wheelock of Agave (Vail Tenure, LLC) for a term of seven months from November 1, 2018 to May 1, 2019. At its highest occupied time last winter, there were 24 individuals living in the 351 Benchmark Building. Last month, Richard approached the Town about entering into a new lease agreement for another year. His interest in continuing to lease the building from the Town to sublet individual bedrooms to workers stems from the fact that he has already put a lot of time, money and energy into getting the building in a state that is appropriate and feasible for renting to local workers. At the April 30, 2019 Council meeting, Council approved a motion to continue leasing the 351 Benchmark Building for use as worker housing for period of one year. Council also approved up to $30,000 from the General Fund Contingency line item to fund the construction of a second means of egress from the upper floor of the 351 Benchmark Building. The lease agreement requires Council approval by way of resolution. Resolution 19-11 and the accompanying lease agreement have been prepared and are attached for Council’s review and consideration. ATTACHMENT Resolution 19-11 RESOLUTION 19-11 APPROVING A LEASE AGREEMENT WITH VAIL TENURE, LLC FOR WORKER HOUSING AT THE 351 BENCHMARK BUILDING WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, Vail Tenure, LLC, (“Lessee”) has proposed to lease from the Town, property owned by the Town located at 351 Benchmark Road in Avon, Colorado, also known as the old fire station; and WHEREAS, Lessee has approved the terms and conditions of the attached Lease Agreement; and WHEREAS, the Avon Town Council has reviewed the attached Lease Agreement and finds that the terms and conditions as defined in the Lease Agreement are reasonable and in the best interests of the Town; and THEREFORE, BE IT RESOLVED by the Avon Town Council that the Lease Agreement between the Town and Vail Tenure, LLC, as set forth in Exhibit A, is hereby approved; and BE IT FURTHER RESOLVED by the Avon Town Council that the Town Manager is hereby authorized to execute the attached Lease Agreement on behalf of the Town and that Town staff are authorized to execute all documents necessary, except those set forth above, to complete the Lease Agreement. ADOPTED May 14, 2019 by the AVON TOWN COUNCIL By:_______________________________ Attest:_________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk EXHIBIT A Page 1 of 8 315 Benchmark Lease Agreement w/ Vail Tenure, LLC May 14, 2019 LEASE AGREEMENT FOR WORKER HOUSING AT THE 351 BENCHMARK BUILDING, AVON, CO 81620 THIS LEASE AGREEMENT (“Lease”) is made and entered into as of May 7, 2019 by and between the Town of Avon, a Colorado home rule municipality (“Lessor”) and Vail Tenure, LLC, (“Lessee”) (collectively, the “Parties”), for the residential occupancy within a defined portion of the 351 Benchmark Building, located at 351 Benchmark Road, Avon, Colorado 81620 (the “351 Benchmark Building”), upon the terms and conditions set forth in this Lease. 1. Premises. In consideration for payment of the Monthly Lease Payment and the performance of the promises by Lessee set forth below, the Lessor leases to Lessee a portion of the 351 Benchmark Building as described in Exhibit A: Premises (“Premises”). The Lessee shall have only limited access to the Premises as defined in Exhibit A, with no access to other portions of the 351 Benchmark Building, including but not limited to the garage bays and eastern office spaces. Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that the Premises is at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. Lessee acknowledges receipt of October 31, 2017 letter from the Eagle River Fire Protection District to the Town of Avon concerning the recommendations. 2. Term. Lessor leases to Lessee and Lessee leases from Lessor the Premises together with any and all appurtenances thereto, for a term of one (1) year (“Term”), such Term beginning at 8 a.m. on May 7, 2019, and ending at 8 a.m. on May 6, 2020. 3. Lease Payment. The Lessee shall pay to the Lessor rent at a total of FIFTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($52,500.00) which shall be payable in the following monthly payment amounts (“Monthly Lease Payment”): three thousand dollars ($3,000.00) for the months of May through October, four thousand five hundred dollars ($4,500.00) for the month of November, and ($6,000.00) for the months of December through April. The Monthly Lease Payment shall be due and payable on the first day of each month commencing on May 7, 2019 and running through April 1, 2020. Payment shall be tendered at the Avon Town Hall, 100 Mikaela Way, Avon, CO 81620, or may be mailed or paid through direct deposit to Town of Avon, P.O. 975, Avon, CO 81620, attention Preston Neill, Deputy Town Manager. 4. Late Payment, Interest. Any Monthly Lease Payment which is not paid prior to or on the date it is due shall be subject to a penalty of Three Hundred Dollars ($300.00) and the delinquent Monthly Lease Payment and penalty shall thereafter bear interest at the rate of eighteen percent (18%) per annum, compounded monthly, from the due date therefor until such sum, with all interest accrued thereon, has been paid in full. 5. Security Deposit. The Lessee shall also pay to Lessor a deposit of Two Thousand Dollars ($2,000.00) (“Security Deposit”). The Security Deposit shall be due and payable upon signing this EXHIBIT A Page 2 of 8 315 Benchmark Lease Agreement w/ Vail Tenure, LLC May 14, 2019 Lease and before taking possession of the Premises. The Security Deposit shall be returned to the Lessee within thirty (30) days following the expiration or termination of this Lease, less the cost of any and all repairs or other maintenance performed by the Lessor, as required, to return the Premises to the condition it was in prior to the commencement date of this Lease. 6. Utility, Operation and On-going Maintenance Expenses. Lessee shall pay for water and sewer service, electric, trash, telephone, and internet (“Utilities”) during the Term of this Lease. Lessee will contact any and all utility providers to arrange for transfer service to Lessee’s name within one (1) week of the commencement of the Lease Term. Lessee shall be responsible for cleaning the Premises. Lessor shall pay for natural gas service to the building, maintain adjacent snow removal, and landscaping maintenance activities. 7. Use; Maximum Occupancy; Maximum Rental Rates for Sub-Leases. Lessee acknowledges and agrees that the Premises may only be used for residential purposes by tenants who have full-time employment in Eagle County (defined as working at least 32 hours per week, not including vacation time or holidays recognized in Colorado). The Lessee agrees that not more than twenty-five (25) occupants may reside on the Premises at any time. Individual occupants may not be charged more than six hundred dollars ($600.00) per month, plus an equal share of utilities. 8. Assignment and Sub-Leasing. Lessee shall not in any manner transfer or assign this Lease without the prior written consent of the Lessor and any attempt to do so without the Lessor's prior written consent shall be null and void and confer no rights on third persons. Notwithstanding the foregoing, Lessee may enter into sub-leases with tenants provided that such sub-leases do not conflict with any term or provision in this Lease. No assignment or sub-lease shall relieve Lessee of Lessee’s obligations under this Lease, including but not limited to the obligation to pay the Monthly Lease Payments, Security Deposit, utilities 9. Alterations and Improvements. Lessee shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Lessor. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, be and become the property of Lessor and remain on the Premises at the expiration or earlier termination of this Lease. 10. Hazardous Materials. Lessee shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 11. Pets. No pets, except licensed service animals, are permitted on the Premises at any time. 12. Maintenance and Repair; Rules. Lessor will, at its sole expense, maintain and repair the Premises and appurtenances in good and sanitary condition during the Term of this Lease and any renewal thereof. This paragraph shall not apply to damage or excessive wear and tear which is caused by negligent acts of Lessee. The Lessee shall contact the Lessee with any notices, concerns or requests related to the Lessor’s obligations under this paragraph. EXHIBIT A Page 3 of 8 315 Benchmark Lease Agreement w/ Vail Tenure, LLC May 14, 2019 13. Inspection of the Premises. Lessor and Lessor’s agents shall have the right at all reasonable times during the Term of this Lease and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon and for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Lessor for the preservation of the Premises or the building. Lessor and its agents shall further have the right to exhibit the Premises and to display the usual “for sale”, “for rent” or “vacancy” signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this Lease or to any restrictions, rules or regulations affecting the Premises. 14. Damage to Premises. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessee, this Lease shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Premises, Lessee paying rentals up to such date and Lessor refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Lessor shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Lessor exercises its right to repair such uninhabitable portion, the rent shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Lessor as speedily as practicable, after which the full rent shall recommence, and the Lease continue according to its terms. 15. Subordination of Lease. This Lease and Lessee’s interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Lessor, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 16. Lessee’s Holdover. If Lessee remains in possession of the Premises with the consent of Lessor after the natural expiration of this Lease, a new tenancy from month-to-month shall be created between Lessor and Lessee which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at THREE THOUSAND DOLLARS ($3,000.00) per month and except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party. 17. Surrender of Premises. Upon the expiration of the Term hereof, Lessee shall surrender the Premises in as good a state and condition as it was at the commencement of this Lease, except reasonable wear and damages by the elements to the Premises. 18. Quiet Enjoyment. Lessee, upon payment of all of the sums referred to herein as being payable by Lessee and Lessee’s performance of all Lessee’s agreements contained herein and Lessee’s observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the Term hereof. 19. Parking. Parking shall be limited to not more than one (1) space per tenant, and parking will EXHIBIT A Page 4 of 8 315 Benchmark Lease Agreement w/ Vail Tenure, LLC May 14, 2019 be assigned in close proximity to the building. Lessee shall use the supplied Town of Avon Police Department parking passes and have visible at all times. The spaces along the Benchmark Road are shared spaces with other uses in the vicinity including the library. No overnight (12:00 a.m. – 6:00 a.m.) storage of vehicles is permitted along Benchmark Road. 20. Default. If Lessee fails to comply with any of the material provisions of this Lease, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Lessor, or materially fails to comply with any duties imposed on Lessee by statute, then Lessor may terminate this Lease no sooner than seven (7) days after delivery of written notice by Lessor specifying the non-compliance and indicating the intention of Lessor to terminate the Lease by reason thereof. If Lessee fails to pay rent when due and the default continues for seven (7) days thereafter, then Lessor may, at Lessor’s option, declare the entire balance of rent payable hereunder to be immediately due and payable; may exercise any and all rights and remedies available to Lessor at law or in equity; may immediately terminate this Lease, provided that all terms concerning amounts due to Lessor and Lessor’s rights to recover such amounts and costs of collection shall survive such termination; and, may seek to relet the Premises to a new tenant provided that Lessee’s rent payment obligations to Lessor may be reduced if the Premises is relet in the same manner as described in Paragraph 21, Abandonment, below. 21. Abandonment. If at any time during the Term of this Lease Lessee abandons the Premises or any part thereof, Lessor may, at Lessor’s option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Lessee for damages or for any payment of any kind whatever. Lessor may, at Lessor’s discretion, as agent for Lessee, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired Term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor’s option, hold Lessee liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired Term, if this Lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor’s right of reentry is exercised following abandonment of the Premises by Lessee, then Lessor shall consider any personal property belonging to Lessee and left on the Premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and Lessor is hereby relieved of all liability for doing so. 22. Premises Owned by the Lessor. The Premises, and any improvements made thereto by the Lessor during the term of this Lease are and shall always remain the sole property of the Lessor, and the Lessee shall have no right, title, or interest therein. 23. Indemnification; Hold Harmless. The Lessee promises and covenants to hold harmless, defend and indemnify the Lessor, its directors, employees, agents, representatives, successors and assigns, from and against any and all liabilities, claims, penalties or damages of any nature, whether present or future (including without limitation damages for personal injury, disease and death; property damage; administrative or judicial penalties or fines; accountants fees, consultants fees and attorney’s fees associated with or necessary for the Lessor’s defense of matters arising under this Lease), arising out of, or related directly or indirectly to the use of the Premises by the Lessee. Use of the Premises by Lessee shall include any use, activity or actions by employees, independent contractors or customers of Lessee. EXHIBIT A Page 5 of 8 315 Benchmark Lease Agreement w/ Vail Tenure, LLC May 14, 2019 24. Recording of Lease Prohibited. Lessee shall not record this Lease on the Public Records of any public office. In the event that Lessee shall record this Lease, this Lease shall, at Lessor’s option, terminate immediately and Lessor shall be entitled to all rights and remedies that it has at law or in equity. 25. Insurance. Lessee shall maintain Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars each occurrence and of One Million Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all operations of Lessee on the Premises. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. Lessee shall provide a copy of the insurance policy naming the Town as additional insured. Lessee shall provide at least thirty (30) days prior written notice to Town of any change in the insurance policy. Any failure of Lessee to maintain the insurance policy or failure to provide the minimum required notice shall be a default of this Lease by Lessee. Lessee is recommended to purchase renter’s insurance. Lessee expressly indemnifies Lessor for damage or loss to any personal property of Lessee or sub-lessee’s that reside at the Premises. 26. Binding Effect. This Lease shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. 27. Severability. If any provision of this Lease or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Lease nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 28. Governing Law; Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Colorado. The Parties agree that venue for any dispute regarding this Lease shall be proper in Eagle County, Colorado. 29. Costs and Attorneys’ Fees. In the event that Lessor has to pursue legal action to collect Monthly Lease Payments or to recover possession of the Premises, Lessor shall be entitled to recover all costs and attorney’s fees incurred in any such legal action. 30. Relationship of the Parties. Nothing contained in this Lease shall be deemed or construed by the Parties hereto or by any third person to create the relationship of employer and employee, principal and agent, or of a partnership or joint venture, or of any association between Lessor and Lessee. 31. Headings for Convenience Only. The headings, captions and titles contained herein are intended for convenience and reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Lease. EXHIBIT A Page 6 of 8 315 Benchmark Lease Agreement w/ Vail Tenure, LLC May 14, 2019 32. Construction. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 33. Non-Waiver. No indulgence, waiver, election or non-election by Lessor under this Lease shall affect Lessee’s duties and liabilities hereunder. 34. Modification. This Lease and its attached exhibits set forth the entire understanding and agreement between the Parties hereto with respect to the Premises. Except as otherwise provided herein, this Lease may be modified, amended, changed, or terminated, in whole or in part, only by an agreement in writing and duly authorized and executed by the Parties hereto. 35. Notice. Any notice, demand, or other communication required or permitted to be given by any provision of this Lease shall be given in writing, delivered personally, send by e-mail, or sent by certified or registered mail, postage prepaid and return receipt requested, or by overnight courier, with shipping charges prepaid, addressed as follows: To the Lessor: Town of Avon Attn: Preston Neill, Deputy Town Manager 100 Mikaela Way P.O. Box 975 Avon, CO 81620 pneill@avon.org To Lessee: Vail Tenure, LLC Attn: Richard Wheelock P.O. Box 6391 Avon, CO 81620 richcardow@yahoo.com All notices, demands, requests or other communications shall be effective upon such personal delivery, upon acknowledgement of receipt of an e-mail, or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. Each party may change its address by providing written notice of such address change to the other party with at least ten (10) days notice. EXHIBIT A Page 7 of 8 315 Benchmark Lease Agreement w/ Vail Tenure, LLC May 14, 2019 READ, UNDERSTOOD AND AGREED: LESSOR: Town of Avon, Colorado By: __________________________________ Attest: _______________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk LESSEE: Vail Tenure, LLC By: __________________________________ Print name: ____________________________ Title: _______________________________ EXHIBIT A Page 8 of 8 315 Benchmark Lease Agreement w/ Vail Tenure, LLC May 14, 2019 EXHIBIT A “Premises” TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Scott Wright, Asst. Town Manager Date: May 14, 2019 Topic: Resolution No. 19-10, Allocation of PEG Funds Action Before Council Resolution No. 19-10 to approve a request for allocation of PEG funds. Proposed Motion " I move to approve Resolution 19-10 approving a request allocating PEG Funds to High Five Access Media." Summary Attached to this memo is a PEG grant request in the amount of $9,000 from J.K Perry, General Manager of High Five Access Media. The funds requested would be used to purchase video production equipment as detailed in the accompanying memo. Financial Implications PEG fees in the amount of $9,000 are estimated to be collected in 2019 years and have been included in General Fund estimated revenues. A budget line item is also included in the 2019 budget for PEG Grants. Attachments: A - Letter of Request from High Five Access Media B - Resolution No. 19-10 High five access media Avon PEG Grant Funds Request 2019 Council and staff, Thank you for the opportunity to present our proposal for PEG Grant funds. Each year, Comcast subscribers in Avon pay a PEG fee that is designated in the Avon/Comcast franchise agreement to be used for capital improvements by the local community access media center. This totals about $10,000 each year for High Five Access Media to purchase equipment. As always, we strive to improve the quality of production and distribution for residents, cable subscribers and internet users. At the same time, we balance our mission to provide the tools and training for the community to produce their own media and express their ideas, advocate for causes and become civically engaged through cable television and the web. The following equipment purchase proposal helps High Five Access Media achieve its mission. First, a quick history of recent PEG Grant purchases. In 2017, the Avon Town Council approved our request to allocate two years of PEG Grant funds up front as a part of the new franchise agreement between the town and Comcast. This amounted to $18,000 for the creation of an Apple TV channel, a wireless communications system for producers, the ability to stream council meetings in high definition, and replace two aging computers. With PEG funds available in 2019, High Five Access Media proposes making the following purchases with a grant of $9,000 from the Town of Avon: Cinema Camera and Lens - $5,000. A camera of this caliber will greatly improve the quality and creativity of projects for both community producers and staff. It allows us to begin offering an advanced camera workshop and answers calls from the community to have a DSLR-like camera with interchangeable lenses. Camera Stabilizer - $1,000. A camera stabilizer allows community producers and staff the ability to create steady moving shots, a must-have tool in video production. Editing Computer - $4,500. This is a computer to edit government proceedings and other video productions. ATTACHMENT A Total $10,500 As always, feel free to contact me if you have any questions or concerns. Thank you, J.K. Perry Executive Director High Five Access Media jk@highfivemedia.org ATTACHMENT A TOWN OF AVON, COLORADO RESOLUTION NO. 19-10 SERIES OF 2019 A RESOLUTION TO APPROVE A REQUEST FOR ALLOCATION OF PEG FUNDS WHEREAS, the Town of Avon's Franchise Agreement with Comcast dated September 8, 2016 provides that Comcast shall collect from subscribers a monthly fee of fifty cents ($0.50) as capital support for PEG access; and WHEREAS, the Town of Avon estimates it will receive approximately $9,000 in PEG fees from cable subscribers in 2019; and WHEREAS, a request has been made to the Town of Avon from the local public access television station High Five Access Media, for an allocation of such funds in the amount of $9,000 for video production equipment, which is an appropriate purpose as set forth in the Town’s cable franchise agreement; and WHEREAS, funds have been appropriated in the 2019 General Fund budget for such a request. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the attached request for allocation of $9,000 of PEG funds is hereby approved. ADOPTED this 14th day of May, 2019. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 30, 2019 AVON TOWN HALL, 100 MIKAELA WAY Page 1 1. CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 4:00 p.m. A roll call was taken, and Council members present were Amy Phillips, Scott Prince, Jennie Fancher. Council members Jake Wolf, Chico Thuon and Tamra Underwood were absent. Also present were Town Manager Eric Heil, Interim Town Attorney Kathryn Sellars, Police Chief Greg Daly, Recreation Director John Curutchet, Public Works Director Gary Padilla, Planning Director Matt Pielsticker, Deputy Town Manager Preston Neill and Town Clerk Brenda Torres. 2. TOUR OF 351 BENCHMARK BUILDING Council toured the 351 Benchmark Building, also known as the old fire station. Councilor Jake Wolf arrived at 4:10 p.m. 3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING (MAYOR SMITH HYMES) 4. ACTION TO RESUME THE COUNCIL PUBLIC MEETING (MAYOR SMITH HYMES) 5. APPROVAL OF AGENDA Council briefly discussed holding off on the "Update on West Benchmark Road On-Street Parking Project" discussion but ultimately decided to keep it on the agenda. 6. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA * AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL. 7. PRESENTATIONS 7.1. PROCLAMATION HONORING THE COMMUNITY SWIM PROGRAM, ITS COACHES, INSTRUCTORS AND SWIMMERS (RECREATION DIRECTOR JOHN CURUTCHET) A video highlighting the Community Swim Program was shown. Mayor Smith Hymes read aloud a proclamation honoring the Avon Community Swim Program. 7.2. SWEARING IN AND BADGE PINNING OF SERGEANT TYLER CHURCHES AND SERGEANT ERIC BENSON (POLICE CHIEF GREG DALY) Tyler Churches and Eric Benson were sworn in as Avon's newest police sergeants. 7.3. AVON POLICE DEPARTMENT PRESENTATION AND 2018 PD AWARDS (POLICE CHIEF GREG DALY) Greg Daly gave his annual Avon Police Department presentation and presented the 2018 Avon Police Department Awards. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 30, 2019 AVON TOWN HALL, 100 MIKAELA WAY Page 2 8. WORK SESSION 8.1. WILDRIDGE SUBDIVISION WILDLAND FIRE MITIGATION AND EMERGENCY PREPAREDNESS WORK SESSION (KARL BAUER, ERFPD FIRE CHIEF) Chief Karl Bauer, Tracy LeClair and Jeff Zechman with the Eagle River Fire Protection District gave a presentation on the summer fire outlook, current threat assessment for wildfire in the Wildridge Subdivision, and general fire mitigation planning. Birch Barron, Eagle County Emergency Manager talked about declaration processes and procedures. Chief Greg Daly and Deputy Chief Coby Cosper talked about evacuation procedures for the Wildridge Subdivision. Paula O'Leary asked a question about fire mitigation efforts and strategies in the Wildridge community. Dave Scherf posed a question about fire evacuation in Wildridge. 8.2. REVIEW AND DIRECTION ON COLORADO CLASSIC HOST CITY AGREEMENT (TOWN MANAGER ERIC HEIL) Councilor Wolf moved to direct Town staff to proceed with the hosting of the Colorado Classic Stage 2: Avon bike race event, including negotiation and execution of the Town Participation Agreement and determining appropriate complimentary events for a total direct cost not to exceed $10,000. Councilor Fancher seconded the motion and the motion passed unanimously by Council members present. Council Thuon and Councilor Underwood were absent. 9. ACTION ITEMS 9.1. INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION MEMBERS (PLANNING DIRECTOR MATT PIELSTICKER) Lindsay Hardy, Steve Nusbaum and Jared Barnes made brief remarks and then answered questions posed by members of Council. Mayor Pro Tem Phillips moved to appoint Jared Barnes, Lindsay Hardy and Steve Nusbaum to the Avon Planning and Zoning Commission, with terms expiring May 1, 2021. She further moved to invite applicant Joe Shankland to a future Council meeting to discuss his interest in serving as a member of the Planning and Zoning Commission. Mayor Smith Hymes seconded the motion. Councilor Prince proposed an amendment to the motion to suggesting that the last opening on the Commission be advertised for a certain period of time to garner more applicants with design and/or architecture background. Then, at a future Council meeting, any new applicants and applicant Joe Shankland could be evaluated by members of Council. Mayor Pro Tem Phillips stated that she was fine with the proposed amendment. Mayor Smith Hymes also agreed to the amendment. Mayor Pro Tem Phillips moved to appoint Jared Barnes, Lindsay Hardy and Steve Nusbaum to the Avon Planning and Zoning Commission, with terms expiring May 1, 2021. She further moved to direct staff to advertise the final opening on the Commission in the hopes of finding candidates with a design and/or architectural background. New candidates, including Joe Shankland will be considered at a future meeting of Council. Mayor Smith Hymes seconded the motion and the motion passed unanimously by Council members present. Council Thuon and Councilor Underwood were absent. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 30, 2019 AVON TOWN HALL, 100 MIKAELA WAY Page 3 9.2. DISCUSSION AND ACTION ON 351 BENCHMARK BUILDING (DEPUTY TOWN MANAGER PRESTON NEILL) Jennifer Bickel commented. Councilor Wolf moved to continue leasing the 351 Benchmark Building for use as worker housing for period of one year. He further moved to approve up to $30,000 from the General Fund Contingency line item to fund the construction of a second means of egress from the upper floor of the 351 Benchmark Building. Mayor Pro Tem Phillips seconded the motion. Mayor Smith Hymes asked that staff consult with the Eagle River Fire Protection District with regard to safety at the 351 Benchmark Building after a second means of egress is constructed from the upper floor. After several minutes of comments and discussion, Councilor Wolf called to question. Councilor Wolf restated his original motion. Mayor Pro Tem Phillips seconded again. Councilor Prince explained why he would be voting no on the stated motion. The motion passed on a vote of 4 to 1. Councilor Prince voted no. Councilor Thuon and Councilor Underwood were absent. 9.5.1. AUTHORIZATION FOR POLICE CHIEF GREG DALY TO SIGN A COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800 MHZ SYSTEM IN THE EAGLE RIVER VALLEY (POLICE CHIEF GREG DALY) Council agreed to pull item 9.5.1 from the Consent Agenda. Mayor Fancher moved to approve the Intergovernmental Agreement between the Town of Town, Eagle County and other Eagle County 800 MHz radio users regarding the governance and operations of the 800 MHz radio system and authorize Chief Greg Daly to sign the IGA on behalf of the Town of Avon. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 0. Councilor Thuon and Councilor Underwood were absent. Mayor Smith Hymes left at 9:07 p.m. Before leaving the meeting, she made several comments on item 10.1 "Update on West Benchmark Road On-Street Parking Project." 9.3. RESOLUTION 19-04 APPROVING 2019 SPECIAL EVENTS (DEPUTY TOWN MANAGER PRESTON NEILL) Councilor Fancher moved to approve Resolution 19‐04 Approving 2019 Special Events. Councilor Prince seconded the motion. The motion passed on a vote of 3 to 1. Councilor Wolf voted no. Mayor Smith Hymes, Councilor Thuon, and Councilor Underwood were absent. 9.4. REVIEW AND APPROVAL OF THE TOWN ATTORNEY REQUEST FOR PROPOSAL (TOWN MANAGER ERIC HEIL) Councilor Prince moved to direct staff to proceed with the Town Attorney request for proposal as outlined in Eric Heil’s memorandum dated April 23, 2019. Councilor Fancher seconded the motion and the motion passed on a vote of 4 to 0. Mayor Smith Hymes, Councilor Thuon, and Councilor Underwood were absent. 9.5. CONSENT AGENDA 9.5.2. APPROVAL OF MINUTES FROM APRIL 9, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Councilor Fancher moved to approve the minutes. Councilor Prince seconded the motion and the motion passed on a vote of 3 to 1. Councilor Wolf voted no. Mayor Smith Hymes, Councilor Thuon, and Councilor Underwood were absent. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 30, 2019 AVON TOWN HALL, 100 MIKAELA WAY Page 4 10. WORK SESSION 10.1. UPDATE ON WEST BENCHMARK ROAD ON-STREET PARKING PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Town Engineer Justin Hildreth gave an update on the West Benchmark Road On-Street Parking Project. Council members present at the meeting were in favor of moving forward with the project. 11. WRITTEN REPORTS 11.1. AVON POLICE DEPARTMENT SIX-MONTH UPDATE (POLICE CHIEF GREG DALY) 11.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS) 12. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Mayor Pro Tem Phillips said the ECRTA Board has a quarterly meeting on Wednesday, May 8th. They will be discussing a bike share program. Mayor Pro Tem Phillips also gave an update on the EGE Air Alliance. 13. ADJOURNMENT There being no further business to come before Council, Councilor Prince moved to adjourn the regular meeting. Councilor Fancher seconded the motion and the motion passed unanimously by Council members present. Mayor Smith Hymes, Councilor Thuon, and Councilor Underwood were absent. The time was 9:31 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. RESPECTFULLY SUBMITTED: ________________________________ Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips ___________________________________ Jake Wolf ________________________________ Chico Thuon ________________________________ Jennie Fancher ________________________________ Scott Prince ________________________________ Tamra N. Underwood ________________________________ WRITTEN REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Preston Neill, Deputy Town Manager Date: May 14, 2019 Topic: TOWN CLEANUP DAY EVENT UPDATE OVERVIEW: The purpose of this memo is to provide Council with details about the Town’s fourth annual Town Cleanup Day event, which will be held on Thursday, May 23rd from 5:30 to 7:00 p.m. The event will take place during the middle of Avon Clean-Up Week, a yearly initiative that gives residents the opportunity to throw away unwanted materials, including large items such as washers, dryers and furniture. During the week, residents may call the Public Works Department to schedule pick-ups. New this year, the Town will pick up yard waste and debris in an effort to help with fire preparedness. TOWN CLEANUP DAY: Town Cleanup Day will begin at 5:30 p.m. and the focus will be on volunteers cleaning up the community. The Town will be divided into the 10 sections below, with members of Town staff captaining each section. Staff will provide volunteers with trash bags, reflective vests and a voucher for free tacos and beer on the Avon Performance Pavilion following the event. Volunteers can report directly to the designated meet up locations listed below or meet at the Avon Performance Pavilion at 5:30 p.m. to be assigned and shuttled to a location. Section 1: Nottingham Park | Meet at Avon Performance Pavilion Stage Section 2: Town Core | Meet at Avon Town Hall (100 Mikaela Way) Section 3: West Beaver Creek Boulevard | Meet at Lot 16 (Beach Parking Lot) Section 4: Hurd Lane/Eaglebend | Meet at Hurd Lane Starbucks (25 Hurd Lane) Section 5: East Beaver Creek Blvd | Meet at Salvation Army (322 E. Beaver Creek Blvd) Section 6: Traer Creek | Meet at Warehouse Wine & Spirits (101 Fawcett Road) Section 7: Nottingham Road | Meet at Northside Kitchen (20 Nottingham Road) Section 8: Swift Gulch Road | Meet at Avon Police Department (60 Buck Creek Road) Section 9: Metcalf Road | Meet at Ruggs Benedict (810 Nottingham Road) Section 10: Wildridge/Wildwood | Meet at Wildridge Fire Station (2120 Saddle Ridge Loop) Throughout the event, volunteers will be able to set full trash bags curbside, as Public Works staff will make periodic loops around Town to retrieve and dispose of the filled bags. Staff will again work with Union Pacific Railroad to seek approval, as was granted last year, to clean-up the railroad right-of-way on May 23rd. After the cleanup at 7:00 p.m., and to thank volunteers for the efforts, volunteers will head to the Pavilion Event Terrace to redeem their voucher for free tacos from Rocky Mountain Taco and free beer, courtesy of Vail Brewing Company. Other event sponsors include the Home Depot and Vail Honeywagon. GETTING THE WORD OUT: A concerted effort has been and will continue to be made to make as many residents as possible aware of Avon Cleanup Week and the Town Cleanup Day event. The event is being promoted in a variety of ways including: • Distribution of an event flyer • Press releases • Social media posts • VMS boards • Population on area website calendars WRITTEN REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Preston Neill, Deputy Town Manager Date: May 14, 2019 Topic: BENCHES OF AVON PROJECT UPDATE SUMMARY: After the success of last summer’s Avon Playhouse Project, the Town has entered into an agreement with Colorado Mountain News Media to bring a similar project, called the “Benches of Avon”, to the Main Street Mall and Possibilities Plaza. Staff is working with the Holli Snyder with the Vail Daily, as well as Krista DeHerrera with Colorado Mountain News Media, to help bring this project to life. Each non-profit organization participating in the project is charged with building a bench that represents what they do for the community. The project, which represents a unique opportunity for the Town to add interest and vibrancy to the Town core and to attract visitors into Avon, will run from June 13th to July 20th. During that time, the benches will be installed along the Main Street Mall and Possibilities Plaza for residents and visitors to view and admire. Staff plans to begin promoting the project through all of the Town’s communication channels in the coming weeks. Additional details about the project are included in Attachment A. FINANCIAL IMPLICATIONS: Council approved funding for community host/title sponsorship of the project when the 2019 Budget was adopted on December 11, 2018. ATTACHMENT: Attachment A – Benches of Avon Project Description The Benches of Avon is a proposed large scale public art exhibit to take place over a six-week period in the Summer of 2019. Dates of the exhibit will be determined by The Town of Avon.. This 6 week art event will incorporate local artists pairing with local nonprofits to produce artistic, functional, benches to be on display as an amenity to guests during our busy summer season. The Cycle Effect might have a bench made entirely out of bicycle tires, the Vail Valley Foundation may have a bench made with skis or a hand crafted wooden chair lift likeness that serves as a bench. The beauty of one of these events is the element of the unknown in terms of how the final display looks. Combine this with the power of the Colorado Mountain News Media group to promote the event across our state and our nation, and we have the opportunity to create a unique event that promotes area nonprofits as well as a potentially enormous marketing campaign for the Town of Avon over a 6 week period. Here’s how it will work; Colorado Mountain News Media’s new event division will facilitate the entire display by first identifying 12-18 non-profits that want the opportunity to take part in the event. We will create an online application process for the nonprofits to apply for their own bench. The nonprofits will be responsible for partnering with an artist, OR we can help them connect to local artists that are looking for exposure. They will submit proposed bench concept and CMNM will have a board of community stakeholders decide which non-profits to choose for the project. Artists will be given a stipend of $750 for materials to produce the bench. We will allow up to 12 weeks for artists to complete benches with a deadline of approximately 2 weeks prior to the debut of the event. Social media promotions will run concurrently to highlight your favorite bench, your favorite charity, or simply show your family enjoying a day relaxing in the most amazing place on earth. CMNM will promote this event through the Vail Daily and regional newspapers, as well as through our ART Magazine publication, social media channels and via a strong digital campaign. The promotion will highlight the artists as well as the non-profits, giving them recognition on a large scale. Social media promotions will run concurrently to highlight your favorite bench, your favorite charity, or simply show your family enjoying a day relaxing in the beautiful surroundings of Avon. The event will culminate in an auction to sell the individual benches, with each individual charity receiving the proceeds from the auction for their benefit. PUBLIC ART EVENT SUMMER OF 2019 ATTACHMENT A PUBLIC ART EVENT SUMMER OF 2019 We will be creating a unique public art display and raising money for our integral nonprofits at the same time! CMNM is requesting partnership funding for the Benches of Avon project as well as selling sponsorships to this event to facilitate production and marketing. The Benches of Avon will accomplish several things throughout its run in the summer of 2019 including; ■Fostering an amenity for guests and locals ■Creating a lasting impact for nonprofits and local artists ■Achieves regional/national recognition and participation ■Maximizes promotional and marketing reach across many avenues ■Lays a foundation for a future Arts District ■Builds the Avon brand ■Delivers fresh content, and an enhanced experience ■Will drive visitors to the Town of Avon to experience the exhibit ■Will promote an atmosphere of vitality, fun and celebration ■Curates a sense of community and pride for our residents and guests The Town of Avon will receive unprecedented marketing exposure as the Community Host Sponsor of the “Benches of Avon.” Your brand will be in every marketing mention in conjunction with this event. Example – “XYZ Company presents the Town of Avon’s Building Benches, building community exhibit” a project of the Vail Daily. Marketing will include daily print ads, editorial coverage, digital media, social media, video coverage, public relations and signage throughout the entire 6 weeks of the exhibit. Value of marketing will exceed $75,000 Community Host Underwriting Sponsorship Cost: $18,000 + some public works support for production (TBD). Produced by Holli Snyder and CMNM, we bring a reputation of quality, knowledge and resources that is unprecedented in the event landscape. WRITTEN REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Preston Neill, Deputy Town Manager Date: May 14, 2019 Topic: AVON SUMMER OUTLOOK MEETING (BUSINESS OUTREACH MEETING) UPDATE SUMMARY: For the last several years, the Town of Avon has hosted annual Business Outreach meetings to update local businesses on Town programs and projects, and to hear from businesses about Town matters such as special events and infrastructure investments. This year, the Town will host a Summer Outlook meeting on Wednesday, May 22nd at 5:30 p.m. at Avon Town Hall. The purpose of the meeting will be to facilitate communication with local businesses and provide an overview of what is to come this summer. Katie Barnes with DestiMetrics will provide a quick overview of the DestiMetrics program, which gathers metrics from all Avon area hotels. She will also review the winter 2018-2019 lodging performance and provide a preview of summer 2019 based on advanced reservations pacing data. Town staff will review upcoming and ongoing construction projects that may affect local businesses and summer travelers. In addition, the upcoming Special Events program will be reviewed, and the Vail Valley Partnership will cover trends and highlights in 2019. Finally, Eric Heil, newly appointed Town Manager, will introduce himself and look to hear from businesses about various Town matters. He will also take questions and suggestions from meeting attendees. The meeting will be held in conjunction with the Vail Valley Partnership on Wednesday, May 22nd from 5:30 to 7:00 p.m. at Avon Town Hall. Light fare and refreshments will be provided. M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: April 30, 2019 RE: Summary of Authority’s April 25, 2019, Board Meeting The following is a summary of items discussed at the April 25, 2019, Authority Board Meeting: Board members present and acting included: Chair George Gregory, Vice Chair Sarah Smith Hymes (via phone), Secretary Kim Bell Williams, Treasurer Geoff Dreyer, directors Mick Woodworth and Pam Elsner. Cash in Lieu of Water Rights Requests The board approved cash in lieu of water rights requests from Colorado World Resorts and the Warner Property CO, LTD for proposed developments in Avon and EagleVail, respectively. Discussion ensued regarding the Authority’s remaining pool of unallocated water. Recruiting.com Video Ali Kelkenberg, Senior HR generalist, and Amy Vogt, Community Relations Specialist, presented information on the District’s recruiting website, including recently completed videos. The videos feature District employees and promote the culture and benefits of working at the District, especially in highly technical roles like water and wastewater operations, which are typically hard to recruit. Stillwater Update James Wilkins briefly updated on the District’s employee housing development, Stillwater, located in west Edwards. The project is slated for completion in mid-July, with employee move-in scheduled for mid-August. He will apprise the board when tours are available for board and community members. Eagle River Valley Mobile Home Park Drinking Water Update Jason Cowles summarized efforts to get the residents of the ERV mobile home park onto the Authority’s water supply system. The park is currently served by a private system that meets state regulations, but has odor and taste issues, so most residents purchase and drink bottled water. District staff was working with Our Community Foundation and Eagle County to come to agreement with the park owner, Ascentia, with each party offering some contribution to the effort. Ascentia recently declined to participate in the deal, saying it was not economically viable. Eagle Park Reservoir Comprehensive Dam Safety Evaluation Jason Cowles and Len Wright discussed a request from the Colorado Division of Water Resources Dam Safety Division to include Eagle Park Reservoir as part of a pilot project regarding a comprehensive dam safety evaluation. There would be no cost to the Reservoir Company, and staff believes it will strengthen the relationship with the state in this area. The board agreed that it was prudent to participate in the pilot project. Lead and Copper Sampling Update Kailey Rosema, Water Quality Operator, presented information regarding the lead and copper sampling requirements set forth by the Environmental Protection Agency (EPA), which the Authority and District must meet. Samples include a target of 30 residences in each the Authority and District. Lead pipes are not known to exist in our area. Sampling will focus on homes built between 1983–1987 that are likely to have lead solder in copper pipes, which could be a source of lead for tap water in individual homes. Outreach efforts will begin soon to find properties to participate, with letters and follow-up phone calls to communicate to property owners whose homes meet the criteria for sampling. Historically, lead Summary of Authority’s April 25, 2019, Board Meeting Page 2 of 2 concentrations in customer tap water have tested below EPA action levels. The board thanked Kailey for her presentation. Snowpack Update Diane Johnson discussed local snowpack and noted the Vail Mountain SNOTEL site peaked a month early in late March at just under 100% of normal snowpack. Copper Mountain also peaked early but above normal snowpack levels, and the Fremont Pass site is expected to follow the same pattern as Copper but has not yet peaked. Discussion ensued regarding conditions at the various SNOTEL sites and how climate change is affecting snowpack and runoff. Colorado River Drought Contingency Plan Diane Johnson discussed the Colorado River Drought Contingency Plan that was agreed upon by the upper and lower basin states and signed into law by President Trump. The Imperial Irrigation District (IID) did not sign the DCP, and the same day that Trump signed the plan, the IID filed suit to stop it. Traer Creek Update Jim Collins noted the Authority’s settlement with Traer Creek was complete. Staff will begin focusing efforts on plans to construct a new tank, which likely won’t be online until 2021. 6 West Development Update Jim Collins reported additional infrastructure issues at the 6 West Development, which are being corrected by the general contractor. Restructuring Update Jim Collins reported that meetings were ongoing about the possibility of restructuring the Authority and District boards. A late-May meeting is scheduled with the board subcommittee and involved staff. Proposed Solar Array at the Biosolids Containment Facility Linn Brooks and Jim Collins updated on a proposed solar array at the District’s BCF near the landfill in Wolcott. The District will need to purchase the land outright, as it currently holds only a patent from the BLM that limits the uses for the land. Discussion ensued regarding how much energy could be produced and possible agreements with Holy Cross regarding any excess energy produced. Water Rights Matters Glenn Porzak noted he filed a motion for entry of decree regarding the Black Lakes Augmentation Plan. There are no remaining opposers and the case is before the water referee; Glenn expects her to sign it. Glenn also noted he filed a diligence application for the portion of the Authority’s Wolford Mountain Reservoir water that is conditional.