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TC Packet 10-06-2020_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, October 6, 2020 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request an additional one (1) minute, which may be approved by a majority of Council. 5. BUSINESS ITEMS 5.1. Joint Meeting of Cultural Arts and Special Events with Council (CASE Manager Danita Dempsey) (60 Minutes) 5:15 5.2. Work Session on Capital Improvements Projects Plan (Assistant Town Manager Scott Wright and Town Engineer Justin Hildreth) (45 Minutes) 6:15 5.3. PUBLIC HEARING for Resolution No. 20-26 Riverfront Final Plat/Major Subdivision for Tract 5D, Riverfront Subdivision (Planning Director Matt Pielsticker) (15 Minutes) 7:00 5.4. Resolution No. 20-27 Supporting Colorado River District Ballot Question (15 Minutes) 7:15 5.5. Work Session: Direction to proceed with Full-Time Permit Technician position in Community Development Department (Town Manager Eric Heil) (15 Minutes) 7:30 5.6. Work Session: Direction on Avon Restaurant Dining Expansion and Tents (Town Manager Eric Heil) (30 Minutes) 7:45 5.7. Work Session: Concessionaire License for Lakeside Terrace (Town Manager Eric Heil) (15 Minutes) 8:15 5.8. Resolution 20-28 Approving Easement with Holy Cross Energy (Town Engineer Justin Hildreth) (10 Minutes) 8:30 6. MINUTES 6.1. Approval of September 22, 2020 Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 8:40 7. WRITTEN REPORTS 7.1. Cabrini Day (Human Resources Director Lance Richards) 7.2. COVID-19 Community Grants Update (Communications Manager Elizabeth Wood) 7.3. Parking Enforcement (Chief of Police Greg Daly) 7.4. Upper Eagle Regional Water Authority Sept 24, 2020 Meeting Summary (Mayor Smith Hymes) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 Minutes) 8:45 9. ADJOURN 9:00 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. _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. Future Agenda Items October 27 Avon Police Department: • CALEA Award presentation- Colonel Matthew Packard (Colorado State Patrol) • Officers Hines swearing in • Officer of the year award • Volunteers of the year award • Master Police Officer Peck retirement proclamation and presentation • BJA Award • Special Olympics award IGA for Animal Services between Eagle County and the Town of Avon Climate Action Collaborative Presentation on Transit Study. Presentation of Oak Village Academy Proposal on Planning Area E Work Session: Holiday Lighting Work Session: Ice Skating Work Session: Annual Work Plan versus Strategic Plan 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager RE: CASE Committee Joint Work Session - 2021 Budget Options DATE: September 25, 2020 SUMMARY: This report provides an overview of two budget options for 2021 Budget for the joint meeting of the Culture, Arts & Special Events (“CASE”) Committee with Council. Due to the existing COVID-19 Public Health Orders and uncertainty of pandemic conditions, availability of a vaccine, and Public Health Orders that may (or may not) be in effect next summer, Staff has prepared two options: Option A which assumes the current Public Health Order conditions and Option B which assumes no Public Health Orders are in effect as we can return to unrestricted public event gatherings. Staff is not requesting Council to select Option A or Option B at this time. Rather, Staff recommends Option B as an appropriate complete calendar of community-based events in a post COVID-19 economy with the acknowledgement that Avon may be limited to the smaller gathering sizes of Option A or some other variation. Staff anticipates under any scenario where Public Health Orders continue; Staff will have to be responsive and nimble to changes in conditions and may need to modify or cancel events as appropriate. MANAGER’S COMMENTS: Option B implements the many ideas and strategies identified by the CASE Committee since early 2019. This includes a diverse and full calendar throughout the summer visitor season with a strong focus on community friendly events. The calendar is strategically arranged to include field rest days between events while providing steady and consistent activation in Nottingham Park for both residents and visitors. The proposed events are intended to keep Avon competitive with the summer season offerings of our peer mountain resort communities. Two new significant events are proposed for 2021 which are intended to be signature events that would frame the summer season, including “Best of the West” in mid-June and the “Heart and Soul Festival” in mid-September. These events are intended to “stake Avon’s claim” to those weekends, develop strong and unique signature identity for Avon, and grow over the course of 3-6 years in a manner similar to Eagle’s Block Party. These two new events along with Salute to the USA and AvonLIVE! may only be permitted if existing Public Health Orders change considerably or terminate. If we can return to a local economy with no business restrictions or gathering restrictions, then the Option B schedule is intended to expedite Avon’s economic recovery. DESCRIPTION OF OPTIONS A & B: Some of the key differences between the Option A and Option B budgets are outlined below and a complete budget comparison is discussed in the Financial Considerations section and attached as Exhibit A 1. Option A Budget a. Assumes that Public Health Order (“PHO”) restrictions will be in place through the summer event season and therefore, large scale events that draw crowds are not planned. And, envisions multiple groups of 175 or more will be allowed. b. The event line up is the same as the 2020 event line up i. No Salute to the USA. ii. Considers AvonLIVE! (11 concerts) and Lakeside Cinema (9 shows) will complete full series. c. Includes contingency funds should new opportunities present themselves. Page 2 of 5 d. Includes temporary and/or permanent art installations. e. Includes one part-time seasonal staff person mid-May through early October for up to 28 hours per week; and, Seating Attendants. Not reflected in number presented in Exhibit A. f. Includes limited revenue projection and net recovery. 2. Option B Budget a. Assumes that there will no longer be PHO restrictions limiting gathering or that the gathering restrictions will allow for multiple groups. b. Envisions a robust event season beginning Memorial Weekend and extending through mid - October consisting mainly of Town produced events. c. Includes contingency funds should new opportunities present themselves. d. Includes funds to support local businesses adding live music and/or sponsorship opportunities e. Includes temporary and/or permanent art installations. f. Includes two full-time season staff mid-May through mid-October up to 40 hours per week; and, part time bar managers and bar tenders. Not reflected in numbers present in Exhibit A. g. Includes optimistic revenue projection and net recovery. BACKGROUND: During the Joint Work Session in January 2020, the CASE Committee supported some additional event concepts believed to fit the Avon community, adopted Avon brand and designed to grow into solid “signature” events uniquely recognized and associated with Avon. As a refresher and update, the events and concepts reviewed are provided below; noting that in 2020 Sunset LIVE! was realized; and, due to the PHO and related restrictions others were not. Additionally, Staff has identified event names replacing the “working title” presented in January 2020. 1. Best of the West Fest: This event concept was proposed in January 2020 as an addition in 2021. a. Concept: Best of the West Fest is intended to support and celebrate up and coming Colorado based bands. A non-ticketed two-day event featuring multiple Colorado based bands on the Pavilion Stage and on a second stage at Possibilities Plaza. The Town would coordinate with local bars to promote and schedule after-hours performances and jams. The Town will establish a process for submissions and band selections process. Bands must feature primarily original works. The event is contemplated to include and accommodate songwriting and musician workshops. The event would include food vendors and kid’s activations. Town would provide alcohol sales. Alma, CO has successfully enjoyed a similar event called “Festival in the Clouds” for over 22 years. b. Dates: Friday and Saturday, June 11th and 12th OR 18th and 19th c. Venue: Avon Performance Pavilion, Possibilities Plaza, and Local Bars for After-Hours d. Time: Friday 4:00 to 9:00 p.m. and Saturday 2:00 to 9:00 p.m. e. Attendance: 2,000 to 3,000 per day f. Budget: $32,571 2. Pose & Paddle Battle (Splash Fest at the Lake was the 2020 working title): a. Concept: In partnership with SUP Colorado, Xterra Mountain Championships and the Xterra SUP brand which would lend credibility to launching a SUP race, increase marketing and Page 3 of 5 promotional reach and potentially support synergies with Beaver Creek Resort Company and the friends/families supporting the Xterra athletes. A fee-based individual and/or team SUP competition, community yoga, kid’s activations, DJ music, food concessions, BYOB, etc. b. Dates: Saturday, July 17th c. Venue: Nottingham Lake, Beach and Terrace d. Time: 3:00 p.m. to 8:30 p.m. e. Attendance: 1,000 f. Budget: $12,445 3. Sunset SUP Race (Splash Fest at the Lake was the 2020 working title): Staff was able to research, speak with subject matter experts and witness this year’s USAT Open Water Swim Championship and has determined that hosting a Stand Up Board (“SUP”) competition on the same day as the USAT Open Water Swim Championship was not the best approach. This decision was made due to the anticipated audience for SUP competitions do not compliment the audience for swim competitions and may detract from the swim competition; and, the required amount of set-up time and logistics for a competitive SUP course are difficult while hosting the USAT. Although Staff does believe hosting a SUP competition with some live music on the Terrace on the Friday evening of the USAT Open Water Championship is ideal. a. Concept: In partnership with SUP Colorado, a fee-based individual and/or team SUP competition partnered with live music on the Event Terrace. b. Dates: Saturday, August 6th c. Venue: Nottingham Lake, Beach and Terrace d. Time: 3:00 p.m. to 8:30 p.m. e. Attendance: 700 f. Budget: $3,820 4. Summer’s End at the Northshore (SUP-BYOB Party on the Lake was the 2020 working title) a. Concept: Live music on the Terrace (primarily local bands), Cardboard Regatta, ambient and kids’ activities (on and off water), food and beverage concessions, etc. b. Dates: Saturday, September 4th or Sunday, September 5th of Labor Day Week-End c. Venue: Nottingham Lake, Beach and Terrace d. Time: noon to 8:00 p.m. e. Attendance: 2,000 to 3,000 f. Budget: $13,689 5. Heart & Soul Festival (Same working title): This event concept was proposed in January 2020 as an addition in 2021 as either a single day ticketed event. Page 4 of 5 a. Concept: Heart and Soul Festival is presented as a ticketed live music event produced by Town that would include a talent budget for 2-3 nationally recognized acts. This event is contemplated to start as a single day ticketed event with the goal that it would expand to two or three days within five years. The event would include food vendors and Town provided alcohol concessions. Talent budget intended to secure a band with strong national name recognition, second headlining mid-tier band also with national name recognition and additional supporting bands with regional appeal and recognition. The intent is to establish a signature event over 3- 5 years to bookend the event season. The timing and band selection are intended to appeal to the community as well as draw festival goers in the region, front-range college students and visitors who are travelling to view the color changes. Another goal of the Heart & Soul Festival is to demonstrate success and functionality of a ticketed event at Nottingham Park with the hope that this will gain the interest of private event producers for other events. b. Date: Saturday, September 11th, 17th or 25th c. Venue: Avon Performance Pavilion d. Time: 2:00 to 10:00 p.m. e. Attendance: 3,000 – 5,000 f. Budget: $228,810 – see the full budget attached as Exhibit B The Special Events Calendar attached as Exhibit C provides a calendar view of both option A (pg.1) and option B (pg. 2) budget scenarios, proposed Recreation Department programming such as Open Water Swim, Dunk-n-Dash, etc.; and proposed field maintenance days. The legend at the top of the calendar provides a visual key as to the type of event (music, arts, athletic, etc.) and assumes the venue is Nottingham Park and/or Lake unless identified in bright pink which indicates the event takes place on the Mains Street Mall (MSM). Additionally, there are many instances where we have multiple events and/or venues activated at the same time. In which case, there are two or more colors with overlapping triangles of colors. An example of which is June 23rd with AvonLIVE! (music = green), Weekly Art Expo (blue triangle = arts; pink = MSM) and Vail Valley Lacrosse Tournament (orange triangle = athletic). It is important to note that this calendar is for internal scheduling purposes and will not be publicly distributed. FINANCIAL CONSIDERATIONS: As detailed on the attached Exhibit A, there is considerable difference in expense and revenue projection between Option A and B. The numbers provided in Exhibit A do not include personnel costs, general operations (cell phones, meeting expense, dues and memberships, etc.) and capital outlay (computers, furniture, etc.) Additionally, both budget options reflect providing cash funding to producers that were granted funding in the 2020 Approved Budget (except for the Beaver Creek Rodeo) should the producers have the desire; ability and the PHO restrictions allow. Staff does not believe there will a need to solicit proposed funding request in the Town’s traditional format. Also, included in both options is a contingency balance of $50,000 should Town Staff be presented with a unique opportunity from a third-party producer and/or identify another Town produced event which is desirable. Option A projected revenues assumes that due to PHO restrictions, we will not offer food and beverage concessions and access to sponsor funding support may be minimal. The net cost of option A is $337,585. Page 5 of 5 Option B projected revenues are nearly 36% of the expense and are optimistic with most of the revenue generated through alcohol sales at approximately 41% of total revenue; and approximately 34% of revenue generated through ticket sales; and, approximately 13% from sponsorship. The remaining 12% in other special event fee’s and/or rentals. The net cost of Option B is $596,240.60, which is $4,714.40 less than the Approved 2020 Budget of $600,955 (not including personnel costs). RECOMMENDATION: Staff believes there is a strong desire in the Avon community for a full and diverse calendar of events which utilize our natural and built resources to engage, entertain and add vibrancy to our community. A well timed, planned and executed strategic line up keeping Avon competitive is critical to our success. The need to begin this work in January of 2021 is real, specifically as it relates to the Option B budget scenario. Since we are budgeting in un-known environment as it relates to the PHO and the live events and entertainment industry, having the funds secured and adopted through the proper budget process to plan and execute option B accordingly, would remove the need to request additional funding and approval from Council and not slow the timeline. Furthermore, should the PHO restrictions continue the Town would realize any savings with event cancellations. Staff recommends approval of the Option B budget. REQUESTED DIRECTION: Council may provide direction to proceed with Option A, Option B, or other variation as deemed appropriate. Thank you, Danita ATTACHMENTS: Exhibit A – 2021 Budget Options Summary Exhibit B – Proposed 2021 Budget Heart & Soul Music Festival Exhibit C – 2021 Events Calendar Option A $338,485.00 Option A $900.00 Option A $337,585.00 Option B $929,540.60 Option B $333,300.00 Option B $596,240.60 Difference $591,055.60 Difference $332,400.00 Difference $258,655.60 TOWN PRODUCED EVENTS TOTALS TOWN PRODUCED EVENTS TOTALS Egg Hunt $14,375.00 Egg Hunt 14,375.00$ Town Clean Up $2,100.00 Town Clean Up 2,100.00$ Avon Live!$50,340.00 Best of the West 32,571.00$ SunsetLIVE! $11,900.00 Avon Live!163,094.00$ Pop Up Music $8,800.00 SunsetLIVE! 19,530.00$ Salute to the USA $0.00 Pop Up Music $ 8,800.00 Lakeside Cinema $11,170.00 Salute to the USA 166,436.60$ Community Picnic $6,300.00 Lakeside Cinema 12,070.00$ Pose & Paddle 12,445.00$ TOWN PRODUCED EVENTS TOTAL:$104,985.00 Sunset SUP Race 3,820.00$ Summer's End 13,689.00$ THIRD PARTY PRODUCED TOTALS Heart & Soul Music Festival 228,810.00$ Vail Valley Lacrosse -$ Community Picnic 6,300.00$ Possibilities in Avon: Weekly Art Market -$ TOWN PRODUCED EVENTS TOTAL:$684,040.60 Vail Valley BrewFest 32,000.00$ Xterra Mtn. Champoinship -$ THIRD PARTY PRODUCED TOTALS Triple Bypass 4,500.00$ Vail Valley Lacrosse -$ Dancing in the Park 30,000.00$ Possibilities in Avon: Weekly Art Market -$ Circus: Flynn Creek 35,000.00$ Vail Valley BrewFest 32,000.00$ Colorado Classic 27,000.00$ Xterra Mtn. Champoinship -$ Avon Art Festival -$ Triple Bypass 4,500.00$ Avon Art Celebration -$ Dancing in the Park 30,000.00$ Vail Valley Soccer Cup -$ Circus: Flynn Creek 35,000.00$ Man of the Cliff 10,000.00$ Colorado Classic 27,000.00$ Contingency 50,000.00$ Avon Art Festival -$ TOTAL THIRD PARTY & CONTINGENCY:188,500.00$ Avon Art Celebration -$ ART INSTALLATIONS TOTALS Vail Valley Soccer Cup -$ Temp. Art Installations*20,000.00$ Man of the Cliff 10,000.00$ Temp. and/or Permanent Art Installation 25,000.00$ Contingency 50,000.00$ TOTAL ART INSTALLATIONS:45,000.00$ Music Activation - Sponsorship $12,000.00 GRAND TOTAL:$338,485.00 TOTAL THIRD PARTY & CONTINGENCY:200,500.00$ * Moved from Econ. Dev. Budget ART INSTALLATIONS TOTALS Temp. Art Installations*20,000.00$ 2021 BUDGET REVENUE: OPTION A Temp. and/or Permanent Art Installation 25,000.00$ EVENT SPONSORSHIP TOTALS TOTAL ART INSTALLATIONS:45,000.00$ Salute to the USA -$ GRAND TOTAL:$929,540.60 Avon Live Series -$ Sub -Total:-$ 2021 BUDGET REVENUE: OPTION B EVENT CONCESSIONS EVENT SPONSORSHIP TOTALS Gross Avon Live -$ Salute to the USA 25,000.00$ Gross Salute to the USA -$ Avon Live Series 9,500.00$ Sub -Total:-$ Best of the West 2,500.00$ TURN-KEY PERMITS Summer's End 2,500.00$ Xterra - Team Unlimited -$ Heart & Soul Fest 5,000.00$ Sub-Total:-$ Sub -Total:44,500.00$ SPECIAL EVENT FEES EVENT CONCESSIONS Vendor Fees: Salute -$ Gross Avon Live 41,400.00$ Vendor Fees: Avon Live -$ Gross Salute to the USA 41,400.00$ Bridge Banner Fees 300.00$ Best of the West 7,000.00$ Sound Permits 100.00$ Summer's End 2,500.00$ Sub-Total:400.00$ Heart & Soul Fest 45,000.00$ SPECIAL EVENT ADMISSION FEES Sub -Total:137,300.00$ Circus Bella -$ TURN-KEY PERMITS Vail Valley Brew Fest -$ Xterra - Team Unlimited 300.00$ Sub-Total:-$ Other TBD 600.00$ MOBILE VENDORS -$ Sub-Total:900.00$ Sub-Total:-$ SPECIAL EVENT FEES PAVILION RENTAL $500 Vendor Fees: Salute 10,000.00$ Sub-Total:$500 Vendor Fees: Avon Live 3,600.00$ FIELD RENTAL $0 Vendor Fees: Best of the West 300.00$ Sub-Total:$0 Vendor Fees: Summer's End 300.00$ TOTAL PROJECTED REVENUE:$900 Vendor Fees: Heart & Soul Fest 1,000.00$ Bridge Banner Fees 300.00$ Sound Permits 100.00$ Ticket Sales: Heart & Sould Music Fesitval 127,000.00$ Sub -Total:142,600.00$ SPECIAL EVENT ADMISSION FEES Circus Bella 4,500.00$ Vail Valley Brew Fest 1,500.00$ Sub-Total:6,000.00$ MOBILE VENDORS -$ Sub-Total:-$ PAVILION RENTAL $2,000 Sub-Total:$2,000 FIELD RENTAL $0 Sub-Total:$0 EXHIBIT A: 2021 BUDGET OPTIONS SUMMARY GROSS EXPENSE GROSS REVENUE 2021 BUDGET EXPENSE: OPTION A 2021 BUDGET EXPENSE: OPTION B NET 2021 BUDGET OPTIONS COMPARISON EXPENSE CATEGORY ITEMIZED CATEGORY SUBTOTAL NOTES TALENT-Saturday Headliner - 7:30pm-9:30pm $85,000.00 Support #3 - 5:30pm-7:00pm $15,000.00 Support #2 - 3:30pm-5:00pm $5,000.00 Support #1 - 2:00pm-3:15pm $2,500.00 $107,500.00 TALENT RELATED EXPENSES Air Transportation $1,200.00 Ground Transportation $500.00 In-venue transportation (Golf Carts & Staff etc.) $0.00 Lodging Saturday (15 rooms at $155 per/night one night)$2,325.00 Artist Hospitality $500.00 Agency fee's 10%$10,750.00 $15,275.00 TALENT TOTAL:$122,775.00 STAGE PRODUCTION Stage Stage / Artist Heating $0.00 Sound / Truss / Rigging $2,500.00 Lights / Truss / Rigging $1,500.00 Backline $1,500.00 Video: Screens $0.00 Backdrop / Side banners $1,500.00 Heavy Equipment: Lift $0.00 TOA in Kind Stage / Production Manager $750.00 Audio Engineer $750.00 Lighting Designer & Engineer $750.00 Stage Hand / Labor $1,500.00 Misc. Contract Labor $300.00 $11,050.00 STAGE PRODUCTION TOTAL:$11,050.00 OPERATIONS & LOGISTICS Infrastructure: Fencing Chain Link Fencing w/ scrim $9,000.00 8ft. Chain link around festival perimeter; approx. 1900 linear feet w/ multiple gates Barricade $0.00 Fill where Town does not have enough or other fencing $9,000.00 Infrastructure: Sanitation & Resource Recovery Portable Restroom $3,500.00 20 units @ $125 + 50 delivery/removal | ADA 5% 2 units Hand Washing $375.00 3-5 units Grey Water Disposal $250.00 One 300 gallon tank Trash / Recycling / Compost - Dumpsters $1,400.00 TOA - Tip fee on one 8-yard = $240; compost bins; 6 = $804 Staffing: see below $5,525.00 Infrastructure: Tenting VIP: 40 x 40 $0.00 Beer Tent: 30 x 30 $3,500.00 GA Bar $1,000.00 Box Office: 20 x 20 $0.00 TOA 2 = 10 x 10 Security / Medical: 20 x 20 $0.00 TOA 2 = 10 x 10 Front of House: 10 x 10 $0.00 TOA - 10 x 10 Sound/Lights tenting $0.00 TOA Pole Structure Tents Family Zone: 10 x 20 $0.00 TOA 2 = 10 x 10 Merch: 10 x 20 $0.00 Other:$1,000.00 $5,500.00 Infrastructure: Power & Lighting Light Towers (3)$2,400.00 For egress lighting; portos EXHIBIT B - 2021 PROPOSED BUDGET OPTION B: Heart & Soul Music Festival Event Date: Saturday, Sept. 11,17 or 25 / 2:00 to 10:00 p.m. SINGLE DAY TICKETED EXPLORATORY BUDGET Exhibit B EXHIBIT B - 2021 PROPOSED BUDGET OPTION B: Heart & Soul Music Festival Event Date: Saturday, Sept. 11,17 or 25 / 2:00 to 10:00 p.m. SINGLE DAY TICKETED EXPLORATORY BUDGETPower Distribution: cable channels, cords, spiders, etc.$4,000.00 TOA Power Distribution Assets Lighting: Inside Tents (VIP, Beer, Merch)$1,250.00 Electrician: see below $7,650.00 Infrastructure: Decoration Fabrics (tension), flagging $0.00 Lighting $1,500.00 Entry Truss $0.00 On-site venue signage (schedule, etc.)$500.00 Fire Pits $0.00 VIP Lounge: see below fulfillment Artist Green Room $250.00 Flowers, wall hanging, rugs, etc. Beer Hall $500.00 Table cards, linens, festune lighting, etc. $2,750.00 Infrastructure: VIP Fulfillment (300 ppl) VIP Restroom Trailer $0.00 Flowers $0.00 Wall / Photography Decorations $0.00 Tables / Chairs $0.00 200 chairs at $3.35 each | 8 cocktails tables at $8.75 each | 24 bar stools at $9.75 | Rounds get from TOA and 100 chairs Linens $0.00 Lanyards / Silkies $0.00 Bar: See below Catering $0.00 300 @ $25 per $0.00 Infrastructure: General Production Office Supplies $0.00 Printers Portable $250.00 Tables $0.00 Chairs $0.00 Catering: All staff $800.00 Staff shirts $800.00 Radios $1,500.00 Staff Lodging Thur. - Sun. (8 rooms at $155 per/night three nights)$3,720.00 Production, stage, box team, etc. Friday - Saturday (5 rooms at $155 per/night one nights)$775.00 $7,845.00 OPERATIONS & LOGISTICS TOTAL:$38,270.00 AMBIANCE & ACTIVATION Performance Artists (in venue)$0.00 Family Zone $1,800.00 Late Night Activation $0.00 Not in first year AMBIANCE & ACTIVATION TOTALS:$1,800.00 TICKETING & BOX OFFICE Creative Design: wristbands, credentials, silkies $1,500.00 2,000 people total Lanyards $0.00 Wristbands $500.00 Tyvek Shipping $35.00 POS Sytems $0.00 Included in ticket platform Printers $150.00 Scanners $0.00 Included in ticket platform Tables/Chairs $125.00 Staffing: see below TICKETING & BOX OFFICE TOTALS:$2,310.00 TRANSPORTATION & PARKING Vehicle/Pedestrian Directional Signage $250.00 Event Shuttle Buses $0.00 TOA In-Kind Traffic / Parking Control: Equipment $0.00 Traffic / Parking: Personnel $0.00 BOH operations EXHIBIT B - 2021 PROPOSED BUDGET OPTION B: Heart & Soul Music Festival Event Date: Saturday, Sept. 11,17 or 25 / 2:00 to 10:00 p.m. SINGLE DAY TICKETED EXPLORATORY BUDGET TRANSPORTATION & PARKING TOTALS:$250.00 BARS & CONSESSIONS Alcoholic Beverages: Cost of Goods (22% of projections)$9,900.00 Non-Alcoholic Beverage: Cost of Goods (hot/cold)$15,000.00 POS Sytems Hardware Included with provider Power - listed above Bars Tables - cocktail and banquet Tenting listed above Linens - cocktail and banquet Cups (hot/cold) Napkins Stir Sticks Mixers Ice Buckets / Tubs Bar Towels Acoutremounts: lemons, limes, olives, etc. Equipment Rental: blenders, coffee makers, hot water, etc. BARS & CONCESSIONS TOTALS:$24,900.00 MERCHANDISE Shirts, Hats, Commerative Cups, Posters, etc.$0.00 MERCHANDISE TOTALS:$0.00 LEGAL, PERMITTING & FINANCE Legal Counsel $0.00 Permitting Environmental Health $100.00 Fire District $100.00 Local Municipality $0.00 Cash Handling: see staffing Cash counting equipment $225.00 Bank bags $50.00 Secure cash bags $50.00 Safe $100.00 Insurance: General Commerical Liability, Liquor, Property, etc.$0.00 LEGAL, PERMITTING & FINANCES TOTALS:$625.00 STAFF Event Director $0.00 Event Coordinator $0.00 Operations & Logistics Coordinator $0.00 TOA Box Office Manager $1,200.00 Box Office Coordinator $500.00 Accountant Assistant (cash handling)$0.00 TOA Security $2,360.00 Ten (10) personnel / 8 man hours each / 80 man hours @$29.50 Medical $750.00 $37.50 per man hour / 8 man hours each / 16 man hours; plus tent @ $150 Green Team $800.00 Artist Relations $0.00 TOA Electrician $0.00 TOA Photographer & Videographer $1,200.00 Merch - Designer, Manager, Coordinator $0.00 Concessions - Alcohol Operations/Sales Staffing $2,160.00 twelve (12) personnel / 9 mans hours each / 108 man hours @ $20/per Concessions - Bar Manager $1,110.00 2 managers at 10 hrs per day for 20 hours total STAFFING TOTALS:$10,080.00 MARKETING & PROMOTIONS Survey data collection $3,500.00 intercept EXHIBIT B - 2021 PROPOSED BUDGET OPTION B: Heart & Soul Music Festival Event Date: Saturday, Sept. 11,17 or 25 / 2:00 to 10:00 p.m. SINGLE DAY TICKETED EXPLORATORY BUDGETArt / Brand Concepts $2,000.00 Logo design, etc. Creative Design $1,500.00 Website - Develop, administer and maintain $0.00 TOA Social $1,000.00 Video, Audio & Digital $2,500.00 Video Production $1,500.00 Print Media $3,000.00 Billboards $0.00 I-70 Street Team $750.00 Radio - Pandora / Spotify / Jambase $1,000.00 MARKETING & PROMOTIONS TOTALS:$16,750.00 TOTAL PROJECTED EXPENSES:$228,810.00 REVENUE ITEMIZED CATEGORY SUBTOTAL Tickets 2,000 - 3,000 people per day Early Bird 1-Day GA (200 @ $35)$7,000 Advance 1-Day GA (600 @ $45)$27,000 Last Chance Saturday GA (600 @ $55)$33,000.00 Day Of Saturday GA (800 @ $75)$60,000 Ticket Sales Total:$127,000.00 Projected Gross Alcohol Sales Day One $45,000.00 $45,000.00 Vending Space Fees $1,000.00 Five vendors at $200 per $1,000.00 Merch 500 people purchase at $20 each $0.00 Sponsorship $5,000.00 $5,000.00 TOTAL PROJECTED REVENUE:$178,000.00 PROJECTED NET PROFIT:($50,810.00) 2021 Events Calendar Option A January February March Legend Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa Music Education 1 2 1 2 3 4 5 6 1 2 3 4 5 6 Recreation Arts & Culinary 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 MSM Activation 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 Participatory & Athletic Field Maintenance 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 Salute 24 25 26 27 28 29 30 28 28 29 30 31 Private Rental / APP 31 Notes April M May June MAY Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa May 29 | Town Clean Up Day May 30 | SunsetLIVE! 1 2 3 1 1 2 3 4 5 JUNE 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 June 3,10,17,24 | OW Swim June 6,13,20,27 | SunsetLIVE! 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 June 20 | Daddy Daughter Tutu 2K June 21,28 | Dunk-N-Dash 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 June 21-23 | Lacrosse** June 23,30 | AvonLIVE! & Weekly Art Expo** 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 June 26 | Vail Valley Brewfest** June 26 | Pop Up Music 30 31 JULY July 1,8,15,22,29 | OW Swim July 3,10,17,24,31 | Pop Up Music July August S September July 7,14,21,28 | AvonLIVE! & Weekly Art Expo** July 9,16,23,30 | LS Cinema Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa July 9-11 Triple Bypass** July 11,18,25 | SunsetLIVE! 1 2 3 1 2 3 4 5 6 7 1 2 3 4 July 12,19,26 | Dunk-N-Dash July 16-18 | Xtrerra** 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 July 23-25 | Avon Arts Celebration 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 AUGUST 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 August 1,8,15,22,29 | SunsetLIVE! August 2 | Dunk-N-Dash 25 26 27 28 29 30 31 29 30 26 27 28 29 30 August 2 or 5 | Dancing in Park** August 4,11,18,35 | AvonLIVE! & Weekly Art Expo** August 5,12 | OW Swim August 6,13,20,274 | LS Cinema August 7&8 | OW Swim Champ’ship August 7,14,21,28 | Pop Up Music October November December August 9-16 | Circus** August 27 | Colorado Classic** Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa SEPTEMBER 1 2 1 2 3 4 5 6 1 2 3 4 September 1 | AvonLIVE! September 1 | Weekly Art Expo** 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 September 3 | LS Cinema September 4 | Pop Up Music 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 September 4-5 | Avon Arts Festival September 5 | SunsetLIVE! 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 October 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 October 2-3 | Vail Valley Soccer**October 8-10 | Man of the Cliff** 31 Legend Music Education Recreation Private Rental / APP Arts & Culinary MSM Activation Participatory & Athletic Field Maintenance Salute 2+ colors for multiple Events/Venues Notes APRIL April 3 | Egg Hunt MAY May 29 | Town Clean Up Day May 30 | SunsetLIVE! JUNE June 3,10,17,24 | OW Swim June 6,13,20,27 | SunsetLIVE! June 20 | Daddy Daughter Tutu 2K June 21,28 | Dunk-N-Dash June 21-23 | Lacrosse** June 23,30 | Weekly Art Expo** June 23,30 | AvonLIVE! June 26 | Pop Up Music June 26 | Vail Valley Brewfest** JULY July 1,8,15,22,29 | OW Swim July 3,10,17,24,31 | Pop Up Music July 7,14,21,28 | AvonLIVE! July 7,14,21,28 | Weekly Art Expo** July 9,16,23,30 | LS Cinema July 9-11 | Triple Bypass** July 11,18,25 | SunsetLIVE! July 12,19,26 | Dunk-N-Dash July 16-18 | Xtrerra** July 23-25 | Avon Arts Celebration AUGUST August 1,8,15,22,29 | SunsetLIVE! August 2 | Dunk-N-Dash August 4,11,18,25 | AvonLIVE! August 4,11,18,25 | Weekly Art Expo** August 5 | Dancing in Park** August 5,12 | OW Swim August 6,13,20,27 | LS Cinema August 6 | SUP Race August 7,14,21,28 | Pop Up Music August 7-8 | OW Swim Champ’ship August 9-16 | Circus** August 27 | Colorado Classic** SEPTEMBER September 1 | AvonLIVE! September 1 | Weekly Art Expo** September 3 | LS Cinema September 4 | Pop Up Music September 4-5 | Avon Arts Festival September 5 | SunsetLIVE! September 16 | Community Picnic OCTOBER October 2-3 | Vail Valley Soccer** October 8-10 | Man of the Cliff** ** Third party produced event dates are subject to change = EXHIBIT C 2021 Events Calendar Option B January February March Legend Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa Music Education 1 2 1 2 3 4 5 6 1 2 3 4 5 6 Recreation Arts & Culinary 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 MSM Activation 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 Participatory & Athletic Field Maintenance 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 Salute 24 25 26 27 28 29 30 28 28 29 30 31 Private Rental / APP 31 Notes April M May June MAY Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa May 29 | Town Clean Up Day May 30 | SunsetLIVE! 1 2 3 1 1 2 3 4 5 JUNE 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 June 3,10,17,24 | OW Swim June 6,13,20,27 | SunsetLIVE! 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 June 20 | Daddy Daughter Tutu 2K June 21,28 | Dunk-N-Dash 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 June 21-23 | Lacrosse** June 23,30 | AvonLIVE! & Weekly Art Expo** 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 June 26 | Vail Valley Brewfest** June 26 | Pop Up Music 30 31 JULY July 1,8,15,22,29 | OW Swim July 3,10,17,24,31 | Pop Up Music July August S September July 7,14,21,28 | AvonLIVE! & Weekly Art Expo** July 9,16,23,30 | LS Cinema Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa July 9-11 Triple Bypass** July 11,18,25 | SunsetLIVE! 1 2 3 1 2 3 4 5 6 7 1 2 3 4 July 12,19,26 | Dunk-N-Dash July 16-18 | Xtrerra** 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 July 23-25 | Avon Arts Celebration 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 AUGUST 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 August 1,8,15,22,29 | SunsetLIVE! August 2 | Dunk-N-Dash 25 26 27 28 29 30 31 29 30 26 27 28 29 30 August 2 or 5 | Dancing in Park** August 4,11,18,35 | AvonLIVE! & Weekly Art Expo** August 5,12 | OW Swim August 6,13,20,274 | LS Cinema August 7&8 | OW Swim Champ’ship August 7,14,21,28 | Pop Up Music October November December August 9-16 | Circus** August 27 | Colorado Classic** Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa SEPTEMBER 1 2 1 2 3 4 5 6 1 2 3 4 September 1 | AvonLIVE! September 1 | Weekly Art Expo** 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 September 3 | LS Cinema September 4 | Pop Up Music 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 September 4-5 | Avon Arts Festival September 5 | SunsetLIVE! 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 October 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 October 2-3 | Vail Valley Soccer** October 8-10 | Man of the Cliff** 31 Legend Music Education Recreation Private Rental / APP Arts & Culinary MSM Activation Participatory & Athletic Field Maintenance Salute 2+ colors for multiple Events/Venues Notes APRIL April 3 | Egg Hunt MAY May 29 | Town Clean Up Day May 30 | SunsetLIVE! JUNE June 3,10,17,24 | OW Swim June 6,13,20,27 | SunsetLIVE! June 20 | Daddy Daughter Tutu 2K June 21,28 | Dunk-N-Dash June 21-23 | Lacrosse** June 23,30 | Weekly Art Expo** June 23,30 | AvonLIVE! June 26 | Pop Up Music June 26 | Vail Valley Brewfest** June 11-12 or 18-19 | Best of the West JULY July 1,8,15,22,29 | OW Swim July 3 | Salute to the USA July 7,14,21,28 | AvonLIVE! July 7,14,21,28 | Weekly Art Expo** July 9,16,23,30 | LS Cinema July 9-11 | Triple Bypass** July 10,17,24,31 | Pop Up Music July 11,18,25 | SunsetLIVE! July 12,19,26 | Dunk-N-Dash July 16-18 | Xtrerra** July 17 | Pose & Paddle Battle July 23-25 | Avon Arts Celebration AUGUST August 1,8,15,22,29 | SunsetLIVE! August 2 | Dunk-N-Dash August 4,11,18,25 | AvonLIVE! August 4,11,18,25 | Weekly Art Expo** August 5 | Dancing in Park** August 5,12 | OW Swim August 6,13,20,27 | LS Cinema August 6 | SUP Race August 7,14,21,28 | Pop Up Music August 7-8 | OW Swim Champ’ship August 9-16 | Circus** August 27 | Colorado Classic** August 28 or Sept 4 | Summer’s End SEPTEMBER September 1 | AvonLIVE! September 1 | Weekly Art Expo** September 3 | LS Cinema September 4 | Pop Up Music September 4-5 | Avon Arts Festival September 5 | SunsetLIVE! September 16 | Community Picnic September 11 or 17 or 25 | Heart & Soul Festival OCTOBER October 2-3 | Vail Valley Soccer** October 8-10 | Man of the Cliff** ** Third party produced event dates are subject to change Bold events are option B only events Special Events Photo Recap 2020 September 29, 2020 Live Events During a Pandemic | Avon Made it Happen! AvonLIVE! (3) Wednesday’s, June 24th July 1st and July 8th Community | Gratitude! Live Events During a Pandemic | Avon Made it Happen! SunsetLIVE! (11) Sunday’s, June 28th; July 5th -26th; Aug. 2nd –30th & Sept. 6th Friends | Family! Live Events During a Pandemic | Avon Made it Happen! Lakeside Cinema (1) July 10th | Virtual Scavenger Hunt | Art Surprise | Delight! Third Party Produced Events Weekly Art Expo (5) | Avon Art Festival Sept. 5th -6th | Avon Arts Celebration Sept. 11th -13th Art | More Art! Thank you! ddempsey@avon.org 970.748.4045 jhildreth@avon.org 970.748.4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Town Engineer Justin Hildreth and Finance Director Scott Wright RE: Capital Improvements Projects DATE: October 1, 2020 SUMMARY: This is the second of two work sessions to review the long-range Capital Improvements Projects Plan (“CIP Plan”). The first work session occurred on September 8, 2020. This report describes the available revenues, CIP Plan policies, proposed projects and options for Council. The draft CIP Plan for this work session shows only projects for 2021 and 2022. The focus of the presentation will be on items either not discussed previously or items for which Council requested additional information. REQUESTED COUNCIL DIRECTION: This is the second work session on updating the Town’s five-year CIP Plan. Council direction, or confirmation, is requested for three proposed project areas in Nottingham Park, including West Nottingham Park Improvements, North Nottingham Park Beach, Parking and Restroom Improvements, and East Nottingham Park Restroom Improvements. Staff presentation will focus on these three project areas. Staff will be prepared to discuss any project on the proposed 2021 CIP Plan list. The five-year CIP Plan will be included in the draft 2021 Budget which is planned to be prepared and made available to Council and public by October 15, 2021. There are many new projects, including several projects that require initial design before there is a more accurate estimate of project costs. Any Council questions or requests for more detail or potential options on projects are welcome. Ultimately, Council direction is desired to prioritize projects in the CIP Plan as part of the complete 2021 Budget. AVAILABLE REVENUE: Council has the following identified revenue sources that can be used for capital improvement projects in 2021: Real Estate Transfer Tax ($2.5M base level less debt service and engineering) $1,203,302 Real Estate Transfer Tax interest earnings $50,000 Avon Urban Renewal Authority $700,000 TOTAL Projected Revenues $2,073,302 Projected Fund Balance (Not Including a $1,000,000 reserve policy) $6,264,983 TOTAL AVAILABLE FUNDS for 2021 $8,218,285 Proposed CIP Expenditures in 2021 $5,674,840 CIP Policies and Restrictions on Various Fund Sources: The following policies have been used for the CIP fund: • Town strives to maintain a minimum $1,000,000 fund balance in the CIP fund for emergencies and unforeseen capital improvement expenditures. Page 2 of 7 • The projected RETT revenue base of $2.5 million is conservative. Revenues which exceed the annual budget projection carry-over in the fund balance to the next budget year. • The additional RETT from initial sales at the Wyndham project are included in the $2.5 million base level for 2021. YTD through July Wyndham has paid $338,306.in RETT and is expected to wind down additional RETT revenues in 2022. • The Avon Urban Renewal Area currently has $700,000 available for capital improvements within the West Avon Investment Plan area (west of Avon Road, north of Eagle River, east of Avon Elementary School, and north to the Medical office building on north side of I-70. The West Avon Urban Renewal Plan broadly authorizes expenditure of URA funds on Town properties and Town public infrastructure in this area. Capital Projects: The cost of capital improvement projects is most effectively reduced with thorough planning and design prior to bidding for construction. Due to the construction season cycles and the high demand for construction work, an effective process to manage costs requires planning and design in the first year for a new project, and then bidding and construction the following year. SPECIFIC CAPITAL IMPROVEMENT PROJECTS: NOTTINGHAM PARK There are numerous park improvements that Staff has broken into 3 areas, west, north, and east. Attachment B includes a park vicinity map and maps of each of the three areas. West Nottingham Park Improvements: Council approved designs for the West Nottingham Park Improvements, which includes a comprehensive approach to landscaping, entry improvements and replacement of the softball field with a soccer field. These improvements tie into the recreation path, which is currently deteriorated. Improvements of the recreation path in this area has been accelerated to 2021 to coordinate with this project. Additional projects include: Nottingham Park Path Replacement: This project is accelerated to 2021 so that it is coordinated with the West Nottingham Park improvements. Nottingham Park Light Upgrade, Phase II: This project will complete upgrades to the lighting in Nottingham Park and will be installed as part of the park path replacement project. Resurface Pickleball and Tennis Courts: This project was deferred to 2021 and includes resurfacing both the pickle ball courts and adjacent tennis courts to address concerns over the current conditions and configuration. West Nottingham Park Improvements $ 280,000 West Nottingham Park Path Replacement $ 520,000 Nottingham Park Light Upgrade, Phase II $ 190,000 Resurface Pickleball and Tennis Courts $ 100,000 TOTAL $ 1,090,000 Page 3 of 7 North Nottingham Park Improvements: Several projects have been discussed for the north shore of the lake to improve the guest experience at the popular beach area. Staff is requesting direction from Council regarding these proposed improvements. West Beaver Creek Blvd. On Street Parking Improvements: Beach guests have been allowed to park in the West Beaver Creek Blvd. bike lane. People have expressed concerns about the safety of families entering and exiting their vehicles and the potential conflicts with bicyclists and vehicles. These options are based on widening 1,600-FT of the Blvd where the vehicles currently park. Further widening is not recommended because the distance to the beach would become longer than the walk from the Recreation Center parking lot which does not fill up in the summer. There are 2 options to improve the guest experience and road safety: a. The north shoulder can be widened 10-FT and pave the surface with asphalt millings (recycled asphalt) allowing vehicles to park outside of the bike lane. This is the most cost-effective solution and preliminary estimated to cost $520,000 and provide 66 parking spaces. b. The north shoulder can be widened by 18-FT and designed similar to the West Benchmark Road parking project with diagonal parking outside of the bike lane. This solution is estimated to cost $1,000,000 and provide 122 parking spaces. Lot 16, Nottingham Beach Restrooms: Public restroom are proposed near the north parking lot, also known as Lot 16. The restroom location is recommended because of the proximity of water and sewer mains. Locations closer to the beach will significantly increase the cost since the utilities will have to be extended from the parking lot. $50,000 is proposed for design in 2021 and $450,000 for construction occurring in 2022. This is a very conceptual estimate and will be refined during the scoping and design process. Beach Expansion and Dock Relocation: Attachment C is a memo from Recreation Director John Curutchet that provides and overview of the need and benefit of expanding the beach area. The existing beach is very popular in the summer and Staff is proposing to expand it to the west. The dock will be moved from the southeast corner, by the stage, to the northside at the beach. Moving the dock includes installing a new anchoring system and 100-FT paved path which is required by the American with Disabilities Act. A new smaller, seasonal dock would be installed on the south side using the existing dock anchors and would be removed during the winter to not conflict with potential Nottingham Lake Ice Skating. West Beaver Creek Blvd. Parking $ 520,000 Nottingham Beach Restrooms $ 500,000 Beach Expansion and Dock Relocation $ 170,000 TOTAL $ 1,190,000 Page 4 of 7 East Nottingham Park Improvements The east Nottingham Park improvements focus on the redevelopment of the former Town Hall site and neighboring facilities. The following projects are envisioned for this area: Old Town Hall Demolition: Council has provided direction to proceed with bidding the demolition of the old Town Hall building which will be bid out later this year. Demolition of the Old Town Hall will allow for the construction of public restrooms and other improvements on the site. New Public Restrooms for Nottingham Park: Council has provided direction that additional public restrooms for Nottingham Park are desired to support events of 1,500 to 2,000 persons. The location of the new public restrooms would be on the old Town Hall site. The public restroom building is expected to include some additional storage space to support special events and may include other uses depending on the community design process and available funds. This project also includes improvements to the existing patio on the east side of the old Town Hall and replacement and upgrade of the retaining/seating wall along the recreation path. The project will be designed in 2021 for 2022 construction. Powerline Undergrounding: The power line on the south side of Nottingham Park is planned to be undergrounded as part of the redevelopment of the old Town Hall site. The project will be funded from the Holy Cross Community Enhancement Fund and will occur in conjunction with the public restroom project in 2022. Old Town Hall Demolition $ 525,000 Public Restrooms/Special Events Storage $ 935,000 Retaining Wall Replacement $ 150,000 Patio landscaping $ 100,000 Powerline Undergrounding $ 120,000 TOTAL $ 1,680,000 Cabin Remodel: This project includes a complete restoration and remodel of the Nottingham Park cabin. The remodel would provide an additional green room for the Avon Performance Pavilion that would include an ADA accessible bathroom with shower and a kitchen sink and refrigerator. The cabin would still be used by the Recreation Center for summer programs. The remodeled cabin would be available as a small community meeting space. The cabin has been modified over the years to the extent that any restoration is not eligible for state or federal historic preservation funds. The extent of deterioration of some logs and posts and general condition of the cabin means that a complete restoration and remodel will be the equivalent cost of building a new Page 5 of 7 structure. Staff believes the current size and location is ideal for a multi-use space for the Recreation Center programs, an additional green room for the Avon pavilion and potential public meeting or private event rental space. At the September 8th Council meeting, there was concern about the cost of the project. Staff is recommending we start with an analysis of the potential uses and remodel costs of the building. An architect will be retained with experience in remodeling historical structures to develop options and costs and then present to Council for direction. Town Hall 2nd and 3rd Floor Wall Changes: Use of Town Hall space and proposed adjustments have been discussed with Town Hall Staff since May 2019. This project was deferred by Council direction last spring; however, Council also provided direction to consider employee spacing for COVID-19 safety. Staff is recommending these adjustments to be completed before May 2021 because they will likely require three weeks of work which can be performed with the least disruption while we have more employees working remotely. The proposed design maximizes the reuse of the existing walls. The cost estimate of $100,000 is a place holder. Public Safety Building Parking Lot Canopy: Design of a canopy for a portion of parking at the public safety building is included. Fleet Facility Roof Membrane Replacement: Staff proposes this project as non-discretionary because the current roof membrane is leaking and has reached its useful life. This project was deferred from 2020 to 2021. Fleet Solar Panels: Staff is researching information on costs and benefits of installing solar panels and will present additional details at a future Council work session. East Beaver Creek Blvd Bus Stop near Piedmont Apartments: The Piedmont Apartment developers did not want a bus stop on the street fronting this apartment project. A permanent bus stop is contemplated to occur immediately to the west when East Beaver Creek Blvd is further improved. The closest bus stop is at Traer Creek Plaza. The buses only travel eastbound and Staff is exploring the placement of signage to the west of Piedmont Apartments to serve this residential population when they move in this fall as shown below. Page 6 of 7 Proposed Bus Stop Location Mobility Center Ice Mitigation Project: The north side of the building collects significant amounts of ice in the winter which blocks the emergency exits creating a safety hazard. Work includes roof modifications to direct the snow away from the exits and repairs roof leaks. Recreation Center HVAC Upgrade: The current HVAC system has reached its useful life and requires replacement. Recreation Center Phase 2 Design: This project as listed as a future effort. The Health and Recreation Committee is intended to provide guidance and assist with providing recommendations on community preferences for improvements and/or expansion of the Avon Recreation Center. Recreation Center ADA Parking: This project will move the location of all ADA parking to the west lot because of the winter icing issues at the current location. The project will require new ramps, sidewalks, pavement markings and signage. Planning West Main Street Mall: This project was deferred from 2019. It is anticipated to coordinate with development of the Lot B hotel site which has not yet pulled a building permit. The development of the Lot B hotel site has been deferred. Staff proposes deferring the planning work to 2021. Wildfire Mitigation: Staff is including a line item to work with private property owners in Wildridge for additional wildfire mitigation. O’Neil Spur Park Parking Lot Rebuild: This is planned for 2021. Staff recommends this project be completed in 2021. Avon Rd./ I-70 Overpass Pedestrian Safety Improvements: Design is currently in progress on this project and is expected to go out to bid in early 2021. Council previously approved this project. Page 7 of 7 Nottingham and Swift Gulch Retaining Wall Repairs: Staff recommends that this project be completed in 2021. Metcalf Road Retaining Wall Stabilization: Staff recommends that this project be completed in 2022. Annual Guard Rail Repair: This is an on-going project to replace guardrails which are 40 years old and do not meet current specifications. Buck Creek Road Repairs: This project has increased from $300,000 to $800,000 due to geotechnical analysis conducted this summer and resulting recommendations. Mikaela Way: Mikaela Way needs to be resurfaced. The deterioration is clearly visible and the project is proposed for 2021. Hurd Lane/Riverfront Lane Intersection Improvements and Study: Staff is researching potential options and developing cost estimates for presentation to Council on. West Beaver Creek Road: Hwy 6 to Avon Elementary: Staff recommends repaving this stretch of road in 2022. US Hwy 6 Crossing: Council has supported pedestrian crossing improvements near the Stone Creek Bridge bus stops on Hwy 6. USFS Road 779 Trailhead: This project is listed as TBD after Council reviews and discusses the Wildridge Community Survey. Project THOR: This project is listed as occurring in the future. Currently, the next round of Project Thor participation is not determined. Fiber – CDOT to Public Safety Facility: This project will improve telecommunications infrastructure that is related to Project Thor capacity and broadband improvements. Rail Road Bridge and Neighborhood LED Message Boards: This project installs LED message boards at various locations in Town. The last Community Survey and the recent Wildridge Community Survey indicate that message boards are the 2nd highest means of the community receiving information (2nd to the Vail Daily). The LED boards allow for greater flexibility than the current variable message boards. REQUESTED DIRECTION: Council direction is requested on this list of Capital Improvements Projects and whether there are other items that should be included on the list. Thank you, Justin and Scott ATTACHMENT A: Capital Improvements Project Long Range Plan ATTACHMENT B: Maps of the proposed Nottingham Park Projects ATTACHMENT C: Memo from Recreation Director John Curutchet Regarding the Beach Expansion and Enhancements CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Revised Proposed Actual Budget Budget Budget 2019 2020 2020 2021 2022 2023 2024 2025 REVENUES Real Estate Transfer Tax: Base Level 4,998,503$ 2,671,000$ 3,000,000$ 2,500,000$ 2,500,000$ 2,500,000$ 2,500,000$ 2,500,000$ Penalties and Interest 2,642 - - - - - - - Interest Earnings 162,316 75,000 90,000 50,000 30,000 30,000 50,000 75,000 Intergovernmental: Federal/State: DOLA - Broadband Grant - 50,000 25,000 - - - - - Level 3 DC Fast EV Charging Station - 30,000 30,000 - - - - - Local Government: Eagle County (Avon Station ECO Transit Shelter project)97,395 - - - - - - - Other Revenues: Project Cost Reimbursements 24,675 - - - - - - - Nonclassified 735 - - - - - - - Total Operating Revenues 5,286,266 2,826,000 3,145,000 2,550,000 2,530,000 2,530,000 2,550,000 2,575,000 Other Sources: Transfer in from General Fund - Assigned to Village at Avon Asphalt Overlays - - - 250,000 250,000 250,000 250,000 250,000 Transfer in from the AURA - Tract G Projects 375,000 700,000 700,000 700,000 700,000 700,000 700,000 700,000 Transfer in from Community Enhancement Fund - Powerline Undergrounding - - - 120,000 - - - - Total Other Sources 375,000 700,000 700,000 1,070,000 950,000 950,000 950,000 950,000 Total Revenues and Sources of Funds 5,661,266$ 3,526,000$ 3,845,000$ 3,620,000$ 3,480,000$ 3,480,000$ 3,500,000$ 3,525,000$ Projected ATTACHMENT A CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Revised Proposed Actual Budget Budget Budget 2019 2020 2020 2021 2022 2023 2024 2025 Projected EXPENDITURES Capital Improvements: Facilities 1,102,773 1,911,881 1,397,756 1,664,840 1,000,000 - 300,000 - Land and Land Improvements 280,654 188,012 97,512 930,000 610,000 40,000 40,000 40,000 Roads and Streets 2,026,158 2,041,858 1,543,999 2,830,000 1,285,000 665,000 1,515,000 1,940,000 Water Fund Projects 122,962 470,697 575,697 - - - - - Communications and Technology - 350,290 350,290 250,000 - - - - Debt Service: Capital Leases - 2012 US Bank, Street Sweeper 16,803 - - - - - - - - 2014 US Bank, Plow Truck 26,279 26,279 26,279 26,279 - - - - - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 55,720 55,720 55,720 - Total Expenditures 3,631,349 5,044,737 4,047,253 5,756,839 2,950,720 760,720 1,910,720 1,980,000 Other Uses: Operating Transfers Out - General Fund: - Engineering Department Salary and Operations 240,111 247,314 247,314 254,733 262,375 270,247 278,354 286,705 Operating Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)239,275 241,600 239,363 - - - - - - 2014B COPS (Street Improvements)320,582 318,613 318,613 322,493 320,069 322,494 319,616 320,587 - 2016 COPS (Public Safety Bldg.)448,075 449,825 449,825 449,375 448,575 447,675 443,675 449,525 - 2020 Refunding COPs - - - 195,517 192,414 194,323 196,183 190,993 Operating Transfers Out - Mobility Fund: - Diesel Buses (2) - - - 200,000 - - - - - Electric Buses (2) - - - 300,000 100,000 - - - Total Other Uses 1,248,043 1,257,352 1,255,115 1,722,118 1,323,433 1,234,739 1,237,828 1,247,810 Total Expenditures and Uses of Funds 4,879,392 6,302,089 5,302,368 7,478,957 4,274,153 1,995,459 3,148,548 3,227,810 Net Source (Use) of Funds 781,874 (2,776,089) (1,457,368) (3,858,957) (794,153) 1,484,541 351,452 297,190 Fund Balance, Beginning of Year 7,940,477 8,722,351 8,722,351 7,264,983 3,406,026 2,611,872 4,096,413 4,447,865 Fund Balance, End of Year 8,722,351$ 5,946,262$ 7,264,983$ 3,406,026$ 2,611,872$ 4,096,413$ 4,447,865$ 4,745,056$ ATTACHMENT A CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Revised Proposed Actual Budget Budget Budget 2019 2020 2020 2021 2022 2023 2024 2025 Projected Fund Balances Restricted For: Asphalt Overlay 658,421$ 108,421$ 108,421$ -$ -$ -$ -$ -$ Assigned For: Asphalt Overlay - - - 358,421 608,421 858,421 1,108,421 (41,579) Tract G/URA Projects 337,048 340,000 475,000 940,000 290,000 815,000 515,000 715,000 Unassigned:. Unreserved 7,726,882 5,497,841 6,681,562 2,107,605 1,713,451 2,422,992 2,824,444 4,071,635 Total Fund Balances 8,722,351$ 5,946,262$ 7,264,983$ 3,406,026$ 2,611,872$ 4,096,413$ 4,447,865$ 4,745,056$ ATTACHMENT A CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2018 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Project #CAPITAL IMPROVEMENT PROJECTS Budget Actuals 2019 2020 2020 2020 2021 2022 2023 2024 2025 Facilities: General Government Facilities: 11009 Town Hall Control System 10,715$ -$ -$ -$ 10,715$ 10,715$ -$ -$ -$ -$ -$ 11012 Tenant Finish Construction - NTH 4,774,516 4,699,516 165,337 8,500 8,500 4,873,353 - - - - - 11020 Fiber - Pavilion to NTH 70,000 - 46,192 23,808 23,808 70,000 - - - - - 11021 Level 2 EV Charging Station - NTH 5,000 - - 5,000 5,000 5,000 - - - - - 11022 New Town Hall Security 125,000 - - 150,000 125,000 125,000 - - - - - 11023 New Town Hall 2nd and 3rd Floor Updates 100,000 - - 100,000 10,000 10,000 100,000 - - - - Old Town Hall Site: 11019 Utility Upgrade 350,000 - 12,833 450,000 450,000 462,833 - - - - - New Asbestos Mitigation/Demolition 525,000 - - - - - 525,000 - - - - New Restrooms - Nottingham Park OTH Site 935,000 - - 85,000 - - 85,000 850,000 - - - New Patio Landscaping at OTH 100,000 - - - - - 100,000 - - - - New Retaining Wall / Seating Replacement OTH 150,000 - - - - - - 150,000 - - - Public Safety Facilities: New PSF Parking Lot Canopy Design 20,000 - - - - - 20,000 - - - - Public Works Facilities 13012 Cinder / De-icer Storage 300,000 - - - - - - - - 300,000 - New Swift Gulch Housing Design 120,000 - - - - - 120,000 - - - - Fleet and Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 300,000 - - 300,000 - - 300,000 - - - - Fleet Solar Panels - - - - - - - - - - - New Bus Shelter - Piedmont Apartments 30,000 - - - - - 30,000 - - - - ARTF Ice Mitigation Project 80,000 80,000 14016 ARTF Solar Panels 258,258 215,750 42,508 - - 258,258 - - - - - 14017 Avon Station ECO Transit Shelter Project 120,000 - 97,395 - - 97,395 - - - - - Cultural and Recreational Facilities: 15018 Pavilion - Retractable Door/Stage Repair 322,928 32,228 219,967 70,733 70,733 322,928 - - - - - 15019 Pavilion - Deck Railing and Floor Replacement 395,000 - - 395,000 395,000 395,000 - - - - - 15020 Recreation Center Weight Room Expansion 500,000 - 456,983 24,000 3,565 460,548 - - - - - 15021 Recreation Center Locker Replacement 200,000 - - 200,000 220,435 220,435 - - - - - New Recreation Center HVAC Upgrade 250,000 - - - - - 250,000 - - - - New Recreation Center ADA Parking 10,000 - - - - - 10,000 - - - - New Metcalf Family Cabin Feasibility Analysis 20,000 - - - - - 20,000 - - - - Other Facilities: 19003 Predesign / Feasibility Study - Hahnewald Barn 135,000 106,015 25,398 - - 131,413 - - - - - 19005 2120 Saddle Ridge Loop (Fire Station) Improve.61,000 - 36,160 24,840 - 36,160 24,840 - - - - 19006 Level 3 DC Fast EV Charging Station - Tract A 75,000 - - 75,000 75,000 75,000 - - - - - Projected ATTACHMENT A CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2018 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Project #CAPITAL IMPROVEMENT PROJECTS Budget Actuals 2019 2020 2020 2020 2021 2022 2023 2024 2025 Projected Land and Land Improvements: H.A. Nottingham Park Improvements 21016 Nottingham Park Zone C Improvements - Playground 872,266 751,616 30,549 - - 782,165 - - - - - 21022 Eagle River Whitewater Park Repair 245,758 31,390 184,368 30,000 30,000 245,758 - - - - - New Nottingham Park Light Upgrade- Phase 2 190,000 - - - - - 190,000 - - - - 21051 Nottingham Park Fitness Court 210,221 145,850 49,441 - - 195,291 - - - - - 21027 O'Neil Spur Park Improvements Design 20,000 - 1,988 18,012 18,012 20,000 - - - - - 21053 Resurface Pickleball Courts 100,000 - - 50,000 - - 100,000 - - - - 21054 Wildland Fire Mitigation 40,000 - 5,250 40,000 22,860 NA 40,000 40,000 40,000 40,000 40,000 21055 Powerline Undergrounding 120,000 - 9,058 - - 9,058 120,000 - - - 21059 Nottingham Park Benches 26,640 - - - 26,640 26,640 - - - - - New West Nottingham Park Improvements/Soccer Field 280,000 - - - - - 280,000 - - - - New O'Neil Spur Park Parkiing Lot Rebuild 100,000 - - - - - 100,000 - - - - New Restrooms - Nottingham Lake Beach 500,000 - - 50,000 - - 50,000 450,000 - - - New Beach Expansion and Dock Relocation 100,000 - - - - - 170,000 - - - - Roads and Streets: Streetscape Improvements: 31028 Post Blvd. Irrigation Wet Well 45,000 - 43,403 - - 43,403 - - - - - 31030 Mall Activation Elements 30,000 - - 30,000 30,000 30,000 - - - - - 31031 Avon Rd./I70 Overpass Safety & Pedestrian Imp.1,048,245 8,245 220 139,780 139,780 148,245 900,000 - - - - 31023 Metcalf Road - Retaining Wall Stabilization 80,000 - - - - - - 80,000 - - - Annual Street Maintenance and Repair: 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd 150,000 - - 50,000 - - 150,000 - - - - 33219 Annual Guard Rail Repair 40,000 - 36,560 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 34034 Nottingham Rd. Repaving 1,097,500 968,481 1,917 - - 970,398 - - - - - 33103 Eaglebend Dr. Resurfacing 225,000 - 1,040 223,960 223,960 225,000 - - - - - 32028 Yoder Ave. Asphalt Overlay 550,000 - 3,930 546,070 546,070 550,000 - - - - - 32034 Buck Creek Repairs 800,000 - - 300,000 - - 800,000 - - - - New Mikaela Way and Benchmark Rd.400,000 - - - - - 400,000 - - - - New Hurd Lane Intersection Improvements 20,000 - - - - - 20,000 - - - - New WB B/C Blvd - US Hwy 6 to Avon Elem.515,000 - - - - - - 515,000 - - - New Riverfront and Lake Street 450,000 - - - - - - - 450,000 - - New Upper Buck Creek 475,000 - - - - - - - - 475,000 - New Post Blvd.1,400,000 - - - - - - - - - 1,400,000 Street Improvements: 32021 West B/C Blvd. RR Crossing Improvements 231,621 31,621 199,111 - - 230,732 - - - - - 32029 Benchmark Rd. On-street Parking 600,000 - 37,952 562,048 562,048 600,000 - - - - - ATTACHMENT A CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2018 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget Project #CAPITAL IMPROVEMENT PROJECTS Budget Actuals 2019 2020 2020 2020 2021 2022 2023 2024 2025 Projected Multi-Modal/Alternative Mobility: 34033 East and West B/C Blvd. Street Rebuild 4,025,943 2,513,935 1,474,308 - 2,141 3,990,384 - - - - - Deleted Avon Road Signage 150,000 - - 150,000 - - - - - - - New US Hwy 6 Crosswalks 80,000 - - - - - - 80,000 - - - New West B/C Blvd./ Beach On-steet Parking Imp.520,000 - - - - - - 520,000 - - - 32030 Schematic Design / Final Design - W. Main Street 225,000 - - - - - - 50,000 175,000 - - New W. Main Street Mall Improvements 1,500,000 - - - - - - - - 1,000,000 500,000 Recreational Trails Program: 34037 Riverfront Trail Connector 220,000 10,698 227,717 - - 238,415 - - - - - New Nottingham Park Path Replacement - 1,000 ft 520,000 - - - - - 520,000 - - - Water Fund Projects: 21026 Nottingham Rd. Debris Flow Study and Improvements 425,000 41,341 122,962 260,697 260,697 425,000 - - - - - 21028 East and West Stormwater Quality Vault 315,000 - - 210,000 315,000 315,000 - - - - - Communications and Technology e-Gov.: 81011 Broadband 125,000 - - 125,000 125,000 125,000 - - - - - New Fiber - CDOT Hand hold to PSF 80,000 - - - - - 80,000 - - - - New RR Bridge LED Messaging Boards 75,000 - - - - - 75,000 - - - - New Permanent Variable Message Boards (3)75,000 - - - - - 75,000 - - - - New Mini-split NTH Data Center 20,000 - - - - - 20,000 - - - - 81015 Finance/Comm Dev. ERP System 225,290 - - 225,290 225,290 225,290 - - - - - Total Capital Improvement Projects 29,885,901$ 9,556,686$ 3,532,547$ 4,962,738$ 3,965,254$ 16,949,817$ 5,674,840$ 2,895,000$ 705,000$ 1,855,000$ 1,980,000$ ATTACHMENT A Nottingham Park Improvements VICINITY MAP 900 ft N➤➤N © 2020 Google © 2020 Google © 2020 Google ATTACHMENT B po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.orgTown of AvonZehren and Associates, Inc.West Nottingham Park ImprovementsMay 15, 2020Z E H R E NAND ASSOCIATESARCHITECTURE • PLANNING • INTERIORS LANDSCAPE ARCHITECTURE Overall Illustrative PlanArea CPark Entry PlazaArea D5QHVDCNN+PſGNFRailroad TracksExisting PathExisting Soccer FieldBus StopArea ABus Stop PlazaArea BSports Court WalkwayScale: 1” = 20’020’10’40’ATTACHMENT B Nottingham Park Improvements NORTH IMPROVEMENTS 600 ft N➤➤N © 2020 Google © 2020 Google © 2020 Google ATTACHMENT B Nottingham Park Improvements EAST IMPROVEMENTS 400 ft N➤➤N © 2020 Google © 2020 Google © 2020 Google ATTACHMENT B 970.748.4059 jcurutchet@avon.org TO: Honorable Mayor Sarah Smith Hymes and Council Members FROM: John Curutchet, Recreation Director RE: Nottingham Beach Expansion and Enhancements DATE: September 30, 2020 SUMMARY: This report provides an overview of activity at Nottingham Beach and my perspective on the need and benefit of expanding the beach area. The Town of Avon Recreation Department opened Nottingham Beach May of 2014. The beach has increased in popularity each year since opening and has grown into a family friendly spot for Avon residents as well as a destination activity for visitors. This summer we experienced a significant increase in residents and visitors enjoying the beach due in part to increased demand for outdoor gathering areas caused by the COVID-19 pandemic and the change to the Avon’s alcohol policy to permit the general public to bring their own alcohol to Nottingham Park. The beach area often exceeded capacity with social distancing requirements. The Recreation Department has considered expansion of the beach area in the past, but it seems that the positive notoriety of Nottingham Beach more than tripled this summer and there is now strong public recognition that Nottingham Beach is a go to place to visit in the summer. This unique and special amenity that Avon is able to offer benefits our residents, draws many Eagle County residents to Avon, and is an important attraction for visitors in Avon’s lodging. Expanding the beach area would reinforce this amenity as well as Avon’s brand as a family friendly and outdoor oriented community. Included in the discussion of beach expansion is boat dock relocation. Currently, the boat dock resides on the south side of the lake. The boat dock is designed for the paddle boats and was previously used to stage paddle boat rentals before moving the rental location to the beach area on the other side of the lake. Relocating the boat dock to the north side will produce year-round benefits and significantly enhance summer rental operations. Staff proposes that a smaller seasonal dock should be installed at the current boat dock location. BACKGROUND: In the summer of 2015 the Recreation Department transitioned from operating pedal boat rentals from Nottingham cabin to a partnership with a third-party stand up paddle board rental company. That move increased our net revenue from $4,532 in 2014 to $8,669 the following summer. 2016 moved rental operations from the cabin to the beach, increasing net revenue to $15,725. Revenues and visitation continue to grow, but opportunities to further increase visitation and rental volume become challenging without beach expansion and relocation of the dock. Boat Dock with Paddle Boats - 2015 ATTACHMENT C 970.748.4059 jcurutchet@avon.org ANALYSIS: Approving capital funds for beach expansion and dock relocation will produce many positive benefits for the Town. Benefits include but are not limited to the following: •Increased surface area of sand for more to enjoy the beach experience •Increased swim area in front of the expanded beach area •Replacing failed wetlands with sand enhances the overall look of the north shore •A more professional presentation of paddle boat and SUP rentals with a boat dock •Increased visitation to the beach area increases exposure potential to all the Town of Avon has to offer, (park, rec center, events, library, retail, bars, restaurants, etc.) •Ability to operate the beach during the Open Water Swim Championship •Ability to keep SUPs and boat rentals on the dock and freeing up sand space •Relocation of boat dock decreases conflicts with winter ice skating programs on the south side of Nottingham Lake FINANCIAL CONSIDERATIONS: The cost of the beach expansion and boat dock relocation is presented in the Capital Improvements Project Plan report. The improvement and increased capacity of Nottingham Beach is expected to have a direct benefit to Avon’s residents as well as reinforce this unique amenity as another attraction for Avon’s lodging. The indirect financial benefits are difficult to measure. It is reasonable to expect an increase of 10-20% in paddleboat and SUP rental revenues with a 50% expansion of the beach area [increase of $5,500 to $11,000]. Below is a Recreation Department financial report of historical rental operations from beach opening in 2014 to end of summer operations 2020. YEAR EXPENSE: REVENUE: NET REVENUE 2014 $23,028 $27,028 $4,532 2015 $0 $8,669 $8,669 2016 $0 $15,725 $15,725 2017 $0 $22,618 $22,618 2018 $0 $30,888 $30,888 2019 $0 $30,799 $30,799 2020 $0 $55,034 $55,034 ATTACHMENT C 970.748.4059 jcurutchet@avon.org RECOMMENDATIONS: Staff recommends Council approve Capital Funds for the expansion of Nottingham Beach and the relocation and repurposing of the boat dock to the north side of Nottingham Lake. MANAGER’S COMMENTS: A Nottingham Park Plan formal document was adopted in 2008. Since that time Avon has embarked on substantial capital investments and policy changes to truly transfer Nottingham Park into a prized amenity for the Avon community. A series of planned, intentional and coordinated improvements are presented for the 2021 and 2022 which will bring Nottingham Park into its full maturity as the community amenity that was envisioned over a decade ago. The current beach is approximately 300’ in length. The beach expansion would be approximately 150’, or a 50% increase, in the beach area. Along with the Lot 16 public restrooms and parking improvements, the beach expansion will utilize this area for its potential and will be able to serve the Avon community for decades to come. The 2021 and 2022 Capital Improvements to Nottingham Park would bring the park to its full maturity, meaning that there is neither physical room nor identified community need for additional improvements. ATTACHMENT C 970-748-4023 cmcwilliams@avon.org TO: Honorable Sarah Smith Hymes and Council members FROM: David McWilliams, AICP, Town Planner RE: PUBLIC HEARING, Resolution 20-26 - Final Subdivision Plat for Tract 5D, Riverfront Subdivision DATE: September 30, 2020 SUMMARY: This report addresses an application for a Major Subdivision for six (6) new dwelling unit Lots and four (4) common element Tracts in the Riverfront Subdivision: Specifically, the application relates to Lots 8,9 and 16-19 and Tracts 5E-5H. Town Council will take final action on this final plat during the October 6 meeting. After reviewing the application materials, staff analysis, and considering input with a public hearing, Town Council will consider Resolution 20-26 to approve the Final Plat. As evidenced in the staff analysis below, this application complies with the mandatory review criteria and staff recommends approval. Application Type: Major Subdivision (Final) Current Property Address: 330 Riverfront Lane Proposed Property Addresses: 2-9 Waterfront Way Property Zoning: PUD Property Size: .657 Acres Applicant Name: Jim Telling REVIEW PROCESS: Per Avon Development Code (“ADC”) Sec. 7.16.020, this application requires a public hearing before Town Council. Final Plats are not presented to the Planning and Zoning Commission (“PZC”). The preliminary subdivision plan was presented at a public hearing to the PZC on September 1, 2020, resulting in a unanimous (5-0) recommendation that Town Council approve the application (Attachment D: PZC recommendation). Town Council approved the preliminary subdivision plan at its September 22 meeting. Detailed review procedures are in ADC Table 7.16-1 and 7.16.070. Major subdivisions require approval of both a preliminary plan and for a final plat. The Town Council shall review this final plat subdivision application and render a final decision after conducting a public hearing. The final plat for major subdivisions shall be approved by resolution or ordinance. PUBLIC NOTIFICATION: Notice of the public hearing was published in the September 25, 2020 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the ADC and noticed for multiple meeting dates. Mailed notice to property owners within 300’ was sent by staff on September 23. September 1 -PZC PUBLIC HEARING & RECCOMENDATION September 22 TOWN COUNCIL PUBLIC HEARING & RESOLUTION APPROVING PRELIMINARY SUBDIVISION October 6 TOWN COUNCIL PUBLIC HEARING & RESOLUTION APPROVING THE FINAL PLAT Page 2 of 3 PROPERTY DESCRIPTION: In June 2019, Council approved the Applicant’s request to resubdivide Lot 5 of the Riverfront Subdivison into 13 separate lots, which constituted Phase I of the multiphase development of the Riverfront Townhomes. In addition to the thirteen lots, the June 2019 resubdvision created Tract 5D. Tract 5D is located between Phase I of the Riverfront Townhomes and the Riverfront Lodge, with the Riverfront Townhomes located to the west of Tract 5D and the Riverfront Lodge to the east of Tract 5D. The Applicant is now seeking to begin Phase II of the Riverfront Townhomes by resubdividing Tract 5D into six lots (Lots 8, 9 and 16-19) and four tracts (Tracts 5 E-H). Tracts 5E and 5G establish common areas to be controlled by the HOA. Tract 5F creates a common driveway along Waterfront Way as does a portion of Tract 5H. The remaining portion of Tract 5H will contain common elements controlled by the HOA. Attachment D provides clear visual overlays for the final layout of Lots and Tracts in relationship to the constructed duplex structures. REVIEW CRITERIA: The following review criteria apply for review this application under to ADC Sec. 7.16.070(f) Final Plat Review Criteria: 1. The Town Engineer shall compare the legal description of the subject property with the County records to determine that: i. The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size, ii. The lots and parcels have descriptions that both close and contain the area indicated, and iii. The plat is correct in accordance with surveying and platting standards of the State; Staff Response: Town Engineer Justin Hildreth has determined that the application complies with the above criteria. 2. The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications and conditions attached to the approval of the preliminary plan; Staff Response: The final plat conforms to the approved preliminary plan. There were no modifications from the preliminary plan to this final plat. 3. The final plat conforms to all preliminary plan criteria; Staff Response: The final plat conforms to all the preliminary criteria found in ADC Sec. 7.16.070(e). 4. The development will substantially comply with all sections of the Development Code; Staff Response: The development on the sites subject to subdivision is nearing completion. The development review applications complied with all sections of the Development Code. 5. The final plat complies with all applicable technical standards adopted by the Town; and Staff Response: The final plat complies with all standards established by the Town. 6. Appropriate utilities shall provide an ability to serve letters, including but not limited to water, sewer, electric, gas and telecommunication facilities. Staff Response: Ability to serve letters have been received as part of the development review applications. Page 3 of 3 AVAILABLE ACTIONS: • Continue the Public Hearing pending additional information • Approve Resolution 20-26 • Deny Resolution 20-26 STAFF RECOMMENDATION: Approval of Resolution 20-26 (Attachment B). MOTION FOR APPROVAL: “I move to approve Resolution 20-26 Approving a Final Subdivision for Tract 5D, Riverfront Subdivision.” ATTACHMENTS A. Final Plat Riverfront Townhomes Phase II B. Resolution 20-26: Approving A Final Plat for A Major Subdivision Application for Tract 5D, Riverfront Subdivision C. Resolution 20-23: Approving A Preliminary Plan For A Major Subdivision Application Tract 5D, Riverfront Subdivision D. Subdivision Overlay showing properties affected E. PZC Recommendation Thank you, David ATTACHMENT A ATTACHMENT A ATTACHMENT A Res 20-26 Final Subdivision October 6, 2020 Page 1 of 2 RESOLUTION 20-26 APPROVING A FINAL PLAT FOR A MAJOR SUBDIVISION APPLICATION FOR TRACT 5D, RIVERFRONT SUBDIVISION WHEREAS, CRP/EWP Riverfront Avon Owner I, LLC, owner of property described as Tract 5D, Riverfront Subdivision, submitted a Final Major Subdivision application (“Application”) to subdivide the property into six (6) new lots and four (4) new tracts; and WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major Subdivision, requiring a final plat review pursuant to Avon Municipal Code section 7.16.070(c); and WHEREAS, the Avon Town Council approved a Preliminary Plan for a Major Subdivision of Lot 5D, Riverfront subdivision, at the September 22, 2020 regular meeting; and WHEREAS, the Avon Town Council held a public hearing on October 6, 2020, after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff and the PZC prior to deciding on the Application; and WHEREAS, pursuant to Avon Municipal Code section 7.16.070(f) the Town Council has considered the applicable review criteria for a Major Subdivision/Final Plat, and found the Application in compliance with the review criteria; NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council approves the Final Major Subdivision Application for Lot 5D, Riverfront Subdivision and authorizes the Planning Director, Town Attorney and Town Manager to make non-substantive technical corrections as may be identified. ADOPTED this 6th day of October 2020. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk Res 20-23 Preliminary Subdivision September 22, 2020 Page 1 of 2 RESOLUTION 20-23 APPROVING A PRELIMINARY PLAN FOR A MAJOR SUBDIVISION APPLICATION TRACT 5D, RIVERFRONT SUBDIVISION WHEREAS, CRP/EWP Riverfront Avon Owner I, LLC, owner of property described as Tract 5D, Riverfront Subdivision, submitted a Manor Subdivision/Preliminary Plan application (“the Application”) to subdivide the property into six (6) new lots and four (4) new tracts; and WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major Subdivision, requiring a preliminary plan review pursuant to Avon Municipal Code section 7.16.070(c); and WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on September 1, 2020 after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff prior to formulating a recommendation for approval; and WHEREAS, the Avon Town Council held a public hearing on September 22, 2020, after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff and the PZC prior to deciding on the Application; and WHEREAS, pursuant to Avon Municipal Code section 7.16.070(e) the Town Council has considered the applicable review criteria for a Major Subdivision/Preliminary Plan, and found the Application in compliance with the review criteria; NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Approval of the Preliminary Major Subdivision Application for Lot 5, Riverfront Subdivision, subject to technical corrections as may be identified by Staff. [SIGNATURE PAGE FOLLOWS] ATTACHMENT C Res 20-23 Preliminary Subdivision September 22, 2020 Page 2 of 2 ADOPTED this 22nd day of September 2020. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT C UNEXECUTED © 2018 Zehren and Associates, Inc.east west partners09.10.2020Riverfront Phase 2 Final Plat: Site Plan Overlay RIVERFRONT TOWNHOMES PHASE 2ATTACHMENT D © 2018 Zehren and Associates, Inc.east west partners09.10.2020Riverfront Phase 2 Final Plat: Site Plan Overlay RIVERFRONT TOWNHOMES PHASE 2Attachment DATTACHMENT D © 2018 Zehren and Associates, Inc.east west partners09.10.2020Riverfront Phase 2 Final Plat: Site Plan Overlay Attachment DATTACHMENT D PZC Recommendations: #SUB20004 Page 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECOMMENDATION TO TOWN COUNCIL DATE OF DECISION: September 1, 2020 TYPE OF APPLICATION: Preliminary Subdivision PROPERTY LOCATION: Tract 5D Riverfront Subdivision 330 Riverfront Lane FILE NUMBER: SUB20004 APPLICANT: CRP/EWP Riverfront Avon Owner I, LLC These recommendations are made in accordance with the Avon Development Code §7.16.060: DECISION: Recommend approval of the Major Subdivision. FINDINGS: 1. The application is complete; 2. The application provides enough information to determine that the application complies with the relevant review criteria; 3. The application was reviewed in accordance with the general procedu res outlined in Code Section 7.16.020; 4. The PZC held a public hearing on September 1, 2020, after providing necessary public notification in accordance with the Code; 5. The review criteria in Code Section 7.16.070(e) was reviewed and substantial compliance with the criteria was found; 6. The application complies with the stated purposes of the Development Code. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson UNEXECUTED DRAFT ATTACHMENT E 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Resolution 20-27 – Supporting Colorado River Water Conservation District Ballot Issue 7A DATE: September 27, 2020 SUMMARY: Resolution 20-27 expresses Town Council’s support for Ballot Issue 7A, a ballot issue placed on the ballot by the Colorado River Water Conservation District (the “District”) which seeks authorization to increase revenues for the District. BACKGROUND: As a general matter, the District leads in the protection, conservation, use, and development of the water resources of the Colorado River basin for the welfare of the communities within the District, and to safeguard for Colorado all waters of the Colorado River to which the state is entitled. Recently, the District placed Ballot Issue 7A on the November 3, 2020 ballot. The District is seeking authorization to increase its current property tax mill levy .248 mills for a total mill levy of 0.5 mills. The new mill levy would raise about $4.9 million more annually for the District throughout its 15-county boundaries. About $4.2 million would be dedicated to partnership projects across the District in one or more of the following five categories laid out in the plan: productive agriculture, infrastructure, healthy rivers, watershed health and water quality, conservation and efficiency. The remaining funds would address budgetary reductions caused by the Gallagher and TABOR amendments. No new staff positions would be created with the new funds. As a general matter, the Fair Campaign Practices Act prohibits the Town from expending funds to urge voters to voter for or against any ballot measure. However, pursuant to Section 1-45-117(1)(b)(III)(A) of the Fair Campaign Practices Act, Town Council is permitted to pass a resolution advocating for the passage of Ballot Issue 7A and publishing passage of such resolution “through established, customary means.” FINANCIAL CONSIDERATIONS: Resolution 20-27 does not create any financial obligation for the Town. RECOMMENDATION: Staff recommends adoption of Resolution 20-27. PROPOSED MOTION: “I move to approve Resolution 20-27 thereby expressing Town Council’s support for the passage of Colorado River Water Conservation District Ballot Issue 7A.” Thank you, Paul Wisor ATTACHMENTS: Resolution 20-27. Res 20-27 Supporting Colorado River Water Conservation District Ballot Issue 7A Page 1 of 2 RESOLUTION 20-27 ADVOCATING FOR THE PASSAGE OF THE COLORADO RIVER WATER CONSERVATION DISTRICT BALLOT ISSUE 7A WHEREAS, the Colorado River Water Conservation District is a public entity with a mission to lead in the protection, conservation, use and development of the water resources of the Colorado River Basin for the welfare its residents and to safeguard for Colorado all the waters of the Colorado River to which the State of Colorado is entitled; and WHEREAS, it is critical to the people of Western Colorado that the Colorado River District continue to be a strong and effective voice on water matters affecting Western Colorado water users, and WHEREAS, the Colorado River District’s revenues are declining due to reduced energy production and prices, impacts of the Gallagher Amendment and the revenue limitations in the Taxpayers Bill of Rights, and WHEREAS, it is important to provide for sufficient funding for necessary water projects to protect the quality of life in Eagle County and on the Western Slope WHEREAS, the Board of Directors of the Colorado River District has certified and directed that Ballot Issue 7A be placed in the November 2020 election across the District’s 15 counties: Shall Colorado River Water Conservation District, also known as the Colorado River District, taxes be increased by an amount up to $4,969,041 in 2021 (which increases amounts to approximately $1.90 in 2021 for every $100,000 in residential property value), and such amounts as are generated annually thereafter from an additional property tax levy of .248 mills (for a total mill levy of 0.5 mills) to enable the Colorado River District to protect and safeguard Western Colorado by: •Fighting to keep water on the Western Slope; •Protecting adequate water supplies for West Slope Farmers and Ranchers; •Protecting sustainable drinking water supplies for West Slope communities; and •Protecting fish, wildlife, and recreation by maintaining river levels and water quantity; Provided that the District will not utilize these additional funds for the purpose of paying to fallow irrigated agriculture; with such expenditures reported to the public in an annually published independent financial audit; and shall all revenues received by the District in 2021 and each subsequent year be collected retained and spent notwithstanding any limits provided by law? WHEREAS, Avon Town Council believes the revenues that will be raised if Ballot Issue 7A is approved by the voters are critical to the Colorado River Water Conservation District being able to continue its mission and be a strong and effective advocate on issues and importance to water users on the Western Slope of Colorado. WHEREAS, the Colorado Fair Campaign Practices Act authorizes local governments to adopt resolutions in support of or opposition to ballot issues, and it is the desire of Avon Town Council to Res 20-27 Supporting Colorado River Water Conservation District Ballot Issue 7A Page 2 of 2 express its overwhelming and strongest possible support the Colorado River Water Conservation District’s Ballot Issue 7A; and WHEREAS, the Colorado Fair Campaign Practices Act also authorizes local governments to distribute in normal fashion an adopted resolution regarding any ballot issue of importance to that local government. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by reference and adopted as findings and determinations of the Town Council. Section 2. Ballot Issue 7A. The Avon Town Council affirmatively supports the Colorado River Water Conservation District and urges qualified electors to vote YES on Ballot Issue 7A. ADOPTED this 6th day of October 2020. AVON TOWN COUNCIL By: __________________________________ Sarah Smith-Hymes, Mayor Attest: ________________________________ Brenda Torres, Town Clerk 970.748.4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director RE: Full-time Permit Technician Position in Community Development DATE: September 30, 2020 SUMMARY: The Community Development Department’s part-time Planning and Permit Technician position was recently vacated. This vacancy has forced Community Development to evaluate the current workload and job duties of employees to determine if additional staff time or expertise is warranted given the current and anticipated construction trends in Town. A full-time Certified Permit Technician is now warranted for consideration in order to continue a high level of professional service with all facets of building permit administration. The purpose of this report is to summarize the duties and responsibilities related to this position. Permit revenue and expenditures related to the Building Division of Community Development are included to demonstrate full coverage of this position’s projected salary and benefits. Finally, this report includes a recommendation to move forward with solicitation, budgeting, and hiring of this modified position. BACKGROUND: Since originally filling this position in early 2019, construction projects and associated work volume have steadily increased. The Town’s Building Official has been working almost exclusively with building inspection services with little time for regular Building Official work or special projects. The Town’s outgoing Permit and Planning Technician has worked exclusively with building duties without ability to assist with planning work. It has become clear that the ability to acquire Certified Permit Technician status, while employed part-time and performing routine duties, is not possible. DUTIES: A Building Permit Technician performs routine and complex administrative work in performing the daily operations of contractor licensing, building permit administration, and official records maintenance. This position would be advertised for Certified Permit Technician status, as designated by the International Code Council. This certification carries additional professional knowledge related to the international building codes, with particular attention to the administrative provisions and code enforcement. Certified Permit Technicians are well-versed in building permit and plan intake and initial review. The position would be advertised for consideration of certified status, typically with 2 years of experience, and nonexempt status. BUILDING DIVISON EXPENSES & REVENUES: The Town’s Building Division expenses include all personnel costs and benefits associated with the Building Official and the Planning and Permit Technician. Additionally, expenses include customary office operating costs and maintenance of one hybrid vehicle. Revenue include all Permit Plan Review fees, Building Permit fees, and Contractor License fees. The chart demonstrates fluctuations in permit fees and full coverage of building expenses year over year. 2015 2016 2017 2018 2019 2020 Est 2021 Proposed Expenses 131,509$ 141,694$ 145,487$ 150,462$ 180,662$ 185,515$ - Revenues 377,685$ 254,908$ 315,915$ 353,719$ 1,060,540$ 345,000$ 330,000.00$ Page 2 of 2 SALARY RANGE: Current (2020) budget for the part-time Permit and Planning Technician is $35,500. This chart shows the salary ranges from our primary comparator communities and the average of these salary ranges as the recommended salary range for this proposed full-time position (highlighted in green). This approach is in accordance with the Town of Avon Employee Policies. FINANCIAL: Personnel cost is roughly salary time plus 45% of salary when adding the cost of health insurance, retirement matching and other benefits. The range of total cost to Town would be $68,000 to $93,000, or a net increase of $32,500 to $57,500. OPTIONS: Council may request additional information, deny this request, or approve the request with motion and vote. TOWN MANAGER COMMENTS: I support expanding the Building Permit Technician position to a full-time position with certification as a minimum qualification. It is important that Avon provide professional building inspection services to our community. Avon’s building department is small compared to our neighboring and peer communities and our building permit revenues are projected to consistently support this added expense. The current volume and pace of construction projects is sufficient to keep a full-time Building Permit Technician busy and this position can assist with code enforcement under the Avon Development Code as an additional duty. PROPOSED MOTION: “I move to direct Staff to prepare a budget amendment to support a full-time Building Permit Technician position and authorize Staff to begin the job recruitment process. “ ATTACHMENTS - Sample Job Description - Permits by Permit Type, 2017 – 2020 YTD Thank you, Matt Building Permit Technician Class Minimum Maximum Avon Building Permit Technician NE 43,487$ 62,079$ Breckenridge Permit Technician NE 65 45,300$ 65,700$ Frisco Permit Technician 43,080$ 56,004$ Silverthorne Permit Technician E 48,195$ 64,260$ Snowmass Village Permit Technician S6 52,691$ 68,498$ Telluride Building Permit Technician 30 47,435$ 68,781$ Vail Administrative Technician NE 13 45,211$ 62,391$ 46,985$ 64,272$ Permit Technician Updated: October 2020 Page 1 TOWN OF AVON PERMIT TECHNICIAN POSITION TITLE: PERMIT TECHNICIAN DIVISION: BUILDING DEPARTMENT: COMMUNITY DEVELOPMENT REPORTS TO: PLANNING DIRECTOR SAFETY SENSITIVE: NO CLASSIFICATION: EULL TIME, REGULAR FLSA CLASSIFICATION: EXEMPT MONTH AND YEAR: October 2020 GENERAL STATEMENT The incumbent in this position performs administrative and customer service work in support of the Building Division and Planning Division within the Department. The Permit Technician is responsible for providing front line service to builders, contractors, and the general public, issuing building permits, input of data into the software permit tracking system; coordinating public information requests; receiving and scheduling building inspection requests; answering common technical questions concerning building code requirements and other applicable town ordinances; coordinating and providing support for planning review and filing documents; and plans contractor licensing administration. SUPERVISION RECEIVED Work under the supervision of the Planning Director. Working closely with and taking direction from the Building Official as necessary. SUPERVISION EXERCISED None WORK ENVIRONMENT Work is generally performed in a standard office environment. Work may also require driving town vehicle to pick up and deliver items for Planning & Zoning Commission meetings. ESSENTIAL FUNCTIONS ✓ Serves as primary public contact and coordinator for all administrative and building permit review. ✓ Serves as the first point of contact for customer service, answering questions in person and on the phone regarding processes and common building permit requirements ✓ Maintains filing and inspections and schedules building inspections with third-party inspectors in the absence of the Building Official. ✓ Assists in the Development Review process by reviewing and approving applications and plans for Completeness and applying applicable policies, regulations and International Building Code. ✓ Maintains Community Development Department website, including meeting packet uploads and routine updates. ✓ Accepts payments, issues receipts and maintain records of transactions. ✓ Processes contractor license applications. ✓ Populates the archive file system by scanning files that are closed out on a weekly basis, as well as archived files as time permits. Ensure that the transfer and disposal of records per the retention schedules and policies are carried out effectively. ✓ Drafts, prepares and edits correspondence, statistical or technical reports, legal descriptions, specifications Permit Technician Updated: October 2020 Page 2 and office forms requiring independence of judgment as to content, style, accuracy and completeness. Utilize the permitting software to make initial entries and keep system information current. Serve as trainer and data base administrator for permitting system, including but not limited to creating reports for Town staff and outside agencies on an as needed basis. OTHER DUTIES AND FUNCTIONS ✓ Assists the Planning Division with application intake, payment processing, and initial review. ✓ Preparation of Planning and Zoning Commission meeting packets. ✓ Cross-trains in other functions within the department. ✓ May occasionally make travel and meeting arrangements for staff members on official Town business (such as conferences, seminars, and classes) REQUIRED KNOWLEDGE, SKILLS AND ABILITIES ✓ Ability to establish and maintain effective working relationships with employees and the public and to work effectively in a team-oriented, solution-oriented environment. ✓ Ability to read and interpret architectural, building, construction and site plans. ✓ Knowledge of the principles and techniques of business office practices, office terminology and procedures, and the skill and ability to apply that knowledge to perform the essential duties and responsibilities of the position. ✓ Handling multiple projects, dealing with interruptions, and performing multiple tasks. ✓ Knowledge of the principles and practices of records management, recording of meeting minutes, and records research techniques. ✓ Knowledge of the principles of government regulation and the ability to read, interpret, apply, and communicate the requirements of selected provisions of the Town Charter, codes, and regulations to perform the essential duties of this position. ✓ Proficient with common computer software applications and/or ability to learn new software that are required to perform job duties. ✓ Ability to identify new methods and suggest ways to improve effectiveness in performing duties. ✓ Experience with Geographic Information Systems, code enforcement, and plan review is desirable, but not required. ✓ Possession of or the ability to obtain a Colorado Class Driver’s License within 30. EDUCATION, EXPERIENCE, and TRAINING: •A high school diploma or GED required. •Certification from ICC as Permit Technician. •Experience working in a professional office environment with significant contact with the public required. •Minimum of three (3) years of c us t ome r s e r vi c e experience that provides the required knowledge, skills and abilities. •Work with a local government highly desirable. PERMITTING V9.0 PAGE NUMBER: 1 DATE: 09/01/2020 TOWN OF AVON MODULE : permit_rep TIME: 12:35:45 PERMIT TYPE STATISTICS SELECTION CRITERIA: FROM 01/01/17 TO 12/31/17 PERMIT TYPE PERMIT DESCRIPTION VALUATION COUNT ----------- ---------------------------------- ------------ ----- A-BP BUILDING - ADDITION/REMODEL 000 98 B-DM BUILDING - DEMOLITION 000 1 F-MC FIREPLACE 000 29 M-BP MULTI FAMILY BUILDING PERMIT 000 4 M-MC MECHANICAL 000 20 P-PL PLUMBING 000 2 R-BP BUILDING, R-3/DUPLEX 000 6 T-BP BUILDING, TENANT FINISH 000 4 X-EG EXCAVATION/GRADING 000 3 ============= ===== $ 000 167 PERMITTING V9.0 PAGE NUMBER: 1 DATE: 09/01/2020 TOWN OF AVON MODULE : permit_rep TIME: 12:37:13 PERMIT TYPE STATISTICS SELECTION CRITERIA: FROM 01/01/18 TO 12/31/18 PERMIT TYPE PERMIT DESCRIPTION VALUATION COUNT ----------- ---------------------------------- ------------ ----- A-BP BUILDING - ADDITION/REMODEL 000 79 B-DM BUILDING - DEMOLITION 000 2 C-BP BUILDING - COMMERCIAL 000 1 F-MC FIREPLACE 000 20 M-BP MULTI FAMILY BUILDING PERMIT 000 5 M-MC MECHANICAL 000 27 P-BP POOL/SPA PERMIT 000 1 P-PL PLUMBING 000 2 R-BP BUILDING, R-3/DUPLEX 000 20 T-BP BUILDING, TENANT FINISH 3200000 3 X-EG EXCAVATION/GRADING 000 4 ============= ===== $ 3200000 164 PERMITTING V9.0 PAGE NUMBER: 1 DATE: 09/01/2020 TOWN OF AVON MODULE : permit_rep TIME: 12:37:49 PERMIT TYPE STATISTICS SELECTION CRITERIA: FROM 01/01/19 TO 12/31/19 PERMIT TYPE PERMIT DESCRIPTION VALUATION COUNT ----------- ---------------------------------- ------------ ----- A-BP BUILDING - ADDITION/REMODEL 8643815 88 B-DM BUILDING - DEMOLITION 855300 6 F-MC FIREPLACE 157000 32 M-BP MULTI FAMILY BUILDING PERMIT 53509513 9 M-MC MECHANICAL 752811 22 P-PL PLUMBING 5120 2 R-BP BUILDING, R-3/DUPLEX 7988554 11 T-BP BUILDING, TENANT FINISH 3205739 6 X-EG EXCAVATION/GRADING 990000 1 ============= ===== $ 76107852 177 PERMITTING V9.0 PAGE NUMBER: 1 DATE: 09/01/2020 TOWN OF AVON MODULE : permit_rep TIME: 12:40:27 PERMIT TYPE STATISTICS SELECTION CRITERIA: FROM 01/01/20 TO 09/01/20 PERMIT TYPE PERMIT DESCRIPTION VALUATION COUNT ----------- ---------------------------------- ------------ ----- A-BP BUILDING - ADDITION/REMODEL 4109846 48 C-BP BUILDING - COMMERCIAL 7226000 1 F-MC FIREPLACE 213800 42 M-MC MECHANICAL 344752 15 P-BP POOL/SPA PERMIT 246570 2 P-PL PLUMBING 23900 4 R-BP BUILDING, R-3/DUPLEX 2734400 3 T-BP BUILDING, TENANT FINISH 924429 4 ============= ===== $ 15823697 119 970.748.4004 eheil@avon.org 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager and Ineke de Jong, Executive Assistant to the Town Manager RE: Winter Restaurant Operations Update DATE: October 1, 2020 SUMMARY: This report provides an update on our work to determine details and interest in expanding indoor dining for restaurants for the winter season since the last council report on September 22, 2020. UPDATES: We hosted a virtual meeting on Wednesday September 30th to further discuss winter restaurant operations and invited all restaurant owners to join. Six restaurant owners and representatives attended the meeting. We then scheduled follow up visits with all restaurants that expressed interest in a tent. Visits are scheduled for October 1, 2, 5 & 6. We will provide an update to Council at the October 6 meeting. We continue to gather data on tent costs, options for custom tents, and forced air heating costs. We understand that some restaurants may want to construct more durable and permanent seating additions that they will desire remain in place for 2 years or more and which would encroach on Town plaza and/or right-of-way areas in some cases. It is clear that each restaurant has very different needs and physical conditions. Town Staff contacted Mr. Alex Bolla, who provides the infrared heating pad options. Mr. Bolla confirmed he will have a test tent up in front of Bob’s Place starting Tuesday October 6 to test tent heating through heat film and waterproof coating. With this technology there are many different options for floor covering including indoor/outdoor carpet, floating wood floor or rubber coating. The demo in front of Bob’s will be imbedded into the rubber so people can see it. This technology does not add moisture and a carbon footprint the way propane does. APPROVAL PROCESS: Avon Municipal Code Section 7.24.080 allows for approval of temporary uses, but requires Planning and Zoning Commission approval for temporary structures that exceed 30 days in a calendar year. The Planning and Zoning Commission is authorized to grant a temporary use permit for up to three years. We are working with Community Development to coordinate any Town approval process for building inspection and permits to waive permit fees and do our best to explain application requirements and expedite review and approval of tents and temporary structures. We are also gathering information on programs by other communities to assist restaurants and businesses for the winter season. Thank you, Eric & Ineke 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Terrace Concessionaire Request for Proposal DATE: October 2, 2020 SUMMARY: The Terrace behind the Avon Pavilion Stage has been rarely used since its construction in 2015. This summer we experienced great success with the Sunset LIVE! local music series. We also experienced substantial increase in daily public usage of the Terrace this summer due in part to COVID-19 pandemic, public health orders, and a general preference by the public to use outdoor spaces. One consequence of increased usage of the Terrace and Nottingham Lake in general was constant diving off the Terrace railing into Nottingham Lake. After multiple attempts to increase enforcement and oversight of the Terrace which were not effective, the Terrace was closed to the public use except during Sunset LIVE! when Town Staff was present to provide oversight. We have received interest from a local business and resident in serving food and alcohol at the Terrace during the summer, perhaps four days per week. Licensing a concessionaire for the summer would provide an amenity for the public to purchase alcohol, quick foods and snacks in the park, provide oversight of the Terrace while open to the public, increase activation of Nottingham Park and Nottingham Lake, ability to expand local musician opportunities, and increase exposure and opportunity of the Terrace as a potential small scale live performance venue. TERMS FOR TERRACE CONSESSIONAIRE: A Request for Proposal process is proposed to solicit interest for concessionaires to operate the Terrace. Any concessionaire licensee would be required to comply with COVID-19 Public Health Orders along with all other application health and safety regulations. COVID-19 Public Health Orders may restrict operations to the point where they are not feasible in 2021. The minimum terms for a concessionaire Request for Proposal would include (but not be limited to): 1. License term would be for one season, from Memorial Day week-end through the end of September. 2. Open to the general public when operating. The concessionaire would not be able to exclude public to only paying customers. As a liquor serving area, the general public would not be able to bring their own alcohol onto the Terrace while the Terrace is open. There may be exceptions for private events and ticketed music performances. 3. Priority preference would be given for Avon businesses or Avon residents that submit a proposal. 4. Scheduled hour of operations and consistent commitment to hours of operations. 5. Description of training for customer service to meet Avon’s expectations and TIPS training for alcohol service. 6. Description of menu and pricing, which a preference for locally sourced foods and beverages and reasonable prices. 7. Requirements and expectations to meet minimum standards of customer service and providing information as operators at a Town facility. Page 2 of 3 8. Requirement to meet all of Avon’s sustainability standards and criteria which are applicable to all vendors for all Avon events. 9. Ability of Town to restrict any employees of concessionaire from working on Terrace if there are behavior concerns. 10. Ability of Town to schedule special events, ticketed events and private events with or without service by the concessionaire. 11. Commitment of concessionaire to support live music performance opportunities on two or more evenings per week or such other times as may be determined appropriate, which support meets minimum defined standards. 12. Ability of the Town to own all logos, branding and trademarks associated with the Terrace and events at the Terrace. 13. Appropriate commercial liability insurance and indemnification of the Town. FINANCIAL CONSIDERATIONS: It is not a primary goal to lease the Terrace area for profit. Rather, the primary goals are to provide a high quality and consistent concessionaire service that reflects well, and never poorly, on the Town of Avon, to provide on-site presence and oversight of the Terrace so that it can remain open to the public without enforcement concerns over diving, and to provide lakeside opportunities for local live music performances at minimal or no cost to Town, while preserving the Town’s ability to be flexible with other potential events. LIQUOR LICENSE: I am currently reviewing options for liquor licensing with Town Attorney Paul Wisor and CASE Manager Danita Dempsey. Options include a concessionaire operating under the Town’s optional premise license or the Town could modify the Town’s optional premise license to allow a third party to hold a separate liquor license on the Town’s property. The Town is not permitted to sell alcohol within a designated area for consumption and allow bring your own beverage within the same consumption area. ADDITIONAL DETAILS: There are additional details, such as provision of porta-lets, access and use of green room, clean-up, Avon tent set-up, configuration and responsibility of seating furniture on the Terrace, trash management, etc. I expect to work with CASE Manager Danita Dempsey to identify these details. I also expect that an interested concessionaire may be REQUEST FOR PROPOSAL: I am working on the form of a Request for Proposal with Staff which would be issued by October 9 and would be open until November 10. OPTIONS: Council has the following options: (1) Council can delegate to Town Manager to conduct Request for Proposal process, select a concessionaire, and enter into a license agreement for the 2021 summer season with Town Attorney review and approval (I would include at least two other members of Staff in the RFP and review process); (2) same as (1) but appoint two Council members to participate with Staff in reviewing concessionaire proposals and license document; Page 3 of 3 (3) Council can provide direction to bring a proposed concessionaire back to Council for approval or could provide direction to review all concessionaire proposals; (4) Council can provide direction that providing a license agreement for the Terrace area is not appropriate; or (5) Council can request additional information and schedule a future Council meeting for more discussion and consideration. COUNCIL ACTION: Council direction is requested. PROPOSED MOTION: “I move to direct the Town Manager to conduct a Request for Proposal for concessionaires for the Lakeside Terrace for the summer of 2021 and to provide a license agreement to the selected concessionaire with review and approval of the Town Attorney.” Thank you, Eric 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Resolution No. 20-28, Approving Holy Cross Energy Underground Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the Nottingham Park Utility Improvements Project DATE: September 30, 2020 SUMMARY: Review and approve Resolution No. 20-28, approving Holy Cross Energy Underground Right- Of-Way Easement and Trench, Conduit, and Vault Agreement for the Nottingham Park Utility Improvements Project. DISCUSSION: The Nottingham Park Utility Improvements Project generally consists of utility relocation required to facilitate demolition of the Old Town Hall building. The Holy Cross Energy Underground Right- Of-Way Easement Agreement, attached as Exhibit A, is required to facilitate relocation of electric facilities and allows the right of access to property to construct, repair, operate, and maintain underground and aboveground electric facilities. The Trench, Conduit, and Vault Agreement, attached as Exhibit B, specifies construction and clearance requirements. The Town Attorney has reviewed and approved the Agreements as to form. The relocated electric facilities serve the Parks Garage, Cabin, Performance Pavilion, Irrigation Pump House, and a future public restroom on the site. FINANCIAL CONSIDERATIONS: The Holy Cross Energy construction cost will be funded from the Nottingham Park Utility Improvements Project budget as approved in the Town of Avon 2020 Capital Projects Fund and is well within the available funds. RECOMMENDATION: Staff requests Council approve Resolution No. 20-28, Approving Holy Cross Energy Underground Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the Nottingham Park Utility Improvements Project. PROPOSED MOTION: “Move to approve Resolution No. 20-28, approving Holy Cross Energy Underground Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the Nottingham Park Utility Improvements Project and direct the Town Attorney to finalize easement language with Holy Cross.” Thank you, Justin ATTACHMENTS: Resolution No. 20-28 Exhibit A: Holy Cross Energy Underground Right-Of-Way Easement Exhibit B: Holy Cross Energy Trench, Conduit, and Vault Agreement TOWN OF AVON RESOLUTION NO. 20-28 Series of 2020 A RESOLUTION APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT ON TRACT G, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, AVON, COLORADO WHEREAS, the Town of Avon (the “Town”) sought a cost estimate from Holy Cross Energy regarding the provision of relocated underground facilities for electric service to Nottingham Park Facilities; and WHEREAS, Holy Cross Energy provided the Town with an estimate of $30,000 for the installation and relocation of the underground facilities; and WHEREAS, underground facilities must be installed on Town owned land located on Tract G, Block 2, Benchmark at Beaver Creek Subdivision, Avon, Colorado which requires the granting of an underground right-of-way easement to Holy Cross Energy, attached hereto as Exhibit A; and WHEREAS, Holy Cross Energy requires the execution a Trench, Conduit and Vault Agreement, attached hereto as Exhibit B, in order to install the underground facilities. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON THAT: The Town Council of the Town of Avon hereby approves an Underground Right-of-Way Easement on Tract G, Block 2, Benchmark at Beaver Creek Subdivision, Avon, Colorado and authorizes the Mayor to sign the agreement granting an easement to Holy Cross Energy, attached hereto as Exhibit A and the execution of a Trench, Conduit, and Vault Agreement, attached hereto as Exhibit B. ACCEPTED, APPROVED AND ADOPTED October 6, 2020. AVON TOWN COUNCIL By:_________________________________ Sarah Smith Hymes, Mayor By:________________________________ Brenda Torres, Town Clerk HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Town of Avon, a municipal corporation of the State of Colorado (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows: Tract G, Block 2, Benchmark at Beaver Creek Subdivision, according to the Final Plat thereof, situate in Section 12, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception Number 198711 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado, hereinafter called “Property”, which Property is the real property where the Project is being developed. And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within the easement described herein. It shall be the Grantor’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee’s boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that he/she is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record. W/O#20-23994:50-67:Avon – Municipal Building 9/28/2020 20-23994 TF Page 1 of 2 Revised 12/18/15 TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 . The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that they have full power and authority to sign, execute, and deliver this instrument. Town of Avon, a municipal corporation of the State of Colorado By: Mayor STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by as May of the Town of Avon, a municipal corporation of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O#20-23994:50-67:Avon – Municipal Building 9/28/2020 20-23994 TF Page 2 of 2 Revised 12/18/15 TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of , 20 , between Town of Avon, a municipal corporation of the State of Colorado, whose mailing address is P.O. Box 975, Avon, CO 81620, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 2150, Glenwood Springs, Colorado 81602, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called “Facilities”, to serve a project known as Avon – Municipal Building, hereinafter called “Project”; and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and, WHEREAS, Owner owns real property described as follows: Tract G, Block2, Benchmark at Beaver Creek Subdivision, according to the Final Plat thereof, situate in Section 12, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception Number 198711 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado, hereinafter called “Property”, which Property is the real property where the Project is being developed; and, WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as follows: N/A, hereinafter called “Adjacent Land”. NOW, THEREFORE, Owner and Holy Cross agree as follows: 1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross. a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements. c. The top of all conduits installed hereunder shall be located a minimum of 48” below the final grade of the ground surface. d. A twelve-inch (12”) minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from plastic gas lines shall be greater than this minimum wherever practicable. e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit and/or vault installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the Project. 3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross employee. W/O#20-23994:50-67:Avon – Municipal Building 9/28/2020 20-23994 TF Page 1 of 3 Revised 12/18/15 4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross’ request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. 8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non- opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner’s responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner’s responsibility, at the Owner’s sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 11. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following: All those of Record. The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors in interest, and assigns, of the Property. W/O#20-23994:50-67:Avon – Municipal Building 9/28/2020 20-23994 TF Page 2 of 3 Revised 12/18/15 The individual signing this Trench, Conduit and Vault Agreement hereby represents that they have full power and authority to sign, execute, and deliver this instrument. Holy Cross Energy, a Colorado corporation Town of Avon, a municipal corporation of the State of Colorado By: By: David Bleakley – Vice President, Engineering Mayor STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by as Mayor of the Town of Avon, a municipal corporation of the State of Colorado. WITNESS my hand and official seal. My commission expires: Notary Public Address: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by David Bleakley – Vice President, Engineering, Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O#20-23994:50-67:Avon – Municipal Building 9/28/2020 20-23994 TF Page 3 of 3 Revised 12/18/15 Trench, Conduit and Vault Agreement Holy Cross Energy AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra Underwood, Jennie Fancher, and Scott Prince. Councilor Chico Thuon and Councilor Jake Wolf were absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Planning Director Matt Pielsticker, Finance Director Scott Wright, Mobility Director Eva Wilson, Executive Assistant to the Town Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:32 Mayor Smith Hymes pulled off agenda item 5.7 per Town Engineer Justin Hildreth request due to additional conversations outgoing with the lender. Mayor Smith Hymes also added a council discussion on going back to in-person meetings as agenda item 5.9. Councilors Fancher and Underwood asked to pull item 7.4 written report on winter transit operations to be discussed with item 5.5 Discussion of Winter Restaurant Operations. Mayor Smith Hymes added this as item 5.5A. Councilor Wolf joined the meeting at 5:01 p.m. Councilor Thuon joined the meeting at 5:02 p.m. Councilor Prince moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:03:25 Councilor Thuon asked to recuse himself from agenda item 5.5 Discussion of Winter Restaurant Operations as he is involved in agreements and negotiations about heating the winter tents. Councilor Underwood made a motion to recuse Councilor Thuon from agenda item 5.5. Discussion of Winter Restaurant Operations. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon did not vote. Councilor Thuon also asked to be recused from agenda item 5.3 Resolution 20-23 Approving a Preliminary Plan for a Major Subdivision Application for Tract 5D, Riverfront Subdivision as he has an active buyer for the property in question. After Council discussion and clarification from Jim Telling, Councilor Thuon did not recuse himself from this item. Town Attorney Paul Wisor disclosed that Council has been discussing and receiving a significant amount of public comments about USFS Road 779 and that his parents own a property adjacent to this road. He mentioned his father made public comments and expressed his opinion. Therefore, he asked a colleague to take over as the Town Attorney on this particular issue. Councilor Wolf expressed that from 5:30 p.m. to 6:00 p.m. he will leave the meeting to teach music to children. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 4. PUBLIC COMMENT Video Start Time: 00:12:51 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Lindsay Hardy introduce herself and announced she is running for Avon Town Council and her goal is to represent the young local people in the community. Devon DeCrausaz made a comment by phone. She said she emailed Council about Road 779 and wanted to ensure this comment goes into the public record. Patricia Plavec also made a comment about Road 779. She expressed support of keeping the road open. Amy Phillips made a comment that she is also running for re-election on Avon Town Council. She thanked all candidates that decided to run for Council. Debbie Latsfrom made a comment about Road 779 as well. She is supportive of keeping the road open for motorized vehicles and supported the previous two comments. Michael Cacioppo commented and expressed he has made multiple requests to see who all the participants are on the Zoom meeting. He expressed it is really unfair to not be able to see who is in the audience. Council addressed his questions and said they have looked into this and will look into this again. Mayor Smith Hymes announced the Council Candidates Forum will be hosted by High Five on Monday night September 28 at 6:30 p.m. via Zoom and encouraged the public to join the meeting to meet the candidates. 5. BUSINESS ITEMS 5.1. RESOLUTION NO. 20-24 DECLARING SUPPORT FOR GALLAGHER BALLOT ISSUE (Town Attorney Paul Wisor) Video Start Time: 00:29:43 Town Attorney Paul Wisor explained the Gallagher Ballot Issue. He said Resolution 20-24 expresses Town Council’s support for Ballot Issue 2E, the Gallagher Amendment stabilization question Town Council placed on the November 3, 2020 ballot and it also expresses Council’s support for similar ballot issues placed on the November 3, 2020 ballot by Eagle County and Eagle River Fire Protection District. He explained the reduction in the assessment rate from 7.15% to approximately 5.88% is expected in result in a revenue loss to the Town of Avon in the amount of approximately $240,000. Mayor Smith Hymes called for public comments and Michael Cacioppo commented and asked for clarification from Town Attorney Paul Wisor on the implication for potential future tax decreases. Town Attorney Paul Wisor explained if this question passes, Council could increase its mill levy to prevent the loss in revenue that would be a result of Gallagher. Councilor Fancher made a motion to approve Resolution 20-24 expressing Town Council’s support for the passage of Ballot Issue 2E as well as Eagle County Ballot Issue 1A and Eagle Fire Protection District Ballot Issue A. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was away. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.2. DECISION ON QUALIFICATIONS OF A PLANNING AND ZONING COMMISSION MEMBER (Planning Director Matt Pielsticker Video Start Time: 00:45:42 Planning Director Matt Pielsticker referred to the memo in the Council packet about Commissioner Smith relocating to Gypsum but staying on PZC until the end of her term in May 2021. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to permit Rebecca Smith to serve until the end of her appointed Planning and Zoning Commission term, May 2021. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was away. 5.3. PUBLIC HEARING RESOLUTION 20-23: APPROVING A PRELIMINARY PLAN FOR A MAJOR SUBDIVISION APPLICATION FOR TRACT 5D, RIVERFRONT SUBDIVISION (Planner David McWilliams) Video Start Time: 00:48:41 Planning Director Matt Pielsticker presented Resolution 20-23. Jim Telling joined the virtual meeting to answer Council questions. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to approve Resolution 20-23 Approving a Preliminary Plan for a Major Subdivision Application for Tract 5D, Riverfront Subdivision. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was away. 5.4. COMMUNITY GRANT RECOMMENDATIONS (Communications Manager Elizabeth Wood) Video Start Time: 01:00:19 Communications Manager Liz Wood joined the virtual meeting and explained the grant recommendations, committee process, and the difference in funding from 2019, 2020 and 2021. She answered Council questions and took suggestions to further improve the 2022 grant process with tax returns in lieu of financial statements. Councilor Underwood suggested some changes to the application. She mentioned she would like to see reports on how organizations have used the funding and also a COVID-19 relief report. Communications Manager Liz Wood said she will create a written report to present at the next Council meeting on October 6th. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to direct Staff to include the funding recommendations of the Community Grant Committee in the 2021 Town of Avon budget. Mayor Pro Tem Phillip seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince stepped away from his computer for a moment and did not vote. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5.5. DISCUSSION OF WINTER RESTAURANT OPERATIONS (Town Manager Eric Heil) Video Start Time: 01:19:02 Councilor Thuon turned off his screen and recused himself from this agenda item. Town Manager Eric Heil and Executive Assistant to the Town Manager Ineke de Jong highlighted the report and cost estimates received for tents, heaters and fuel. Mayor Smith Hymes had several questions regarding availability, ventilation, being equitable to restaurants that opt in/out, the cost of rental vs purchase and being cognizant of the greenhouse gas impacts. She asked if staff has looked at the cost of additional liability and will that be a dealbreaker. The majority of Council liked the idea of heating rooms/firepits as waiting areas around restaurants as an alternative to the tents for dining. Councilor Wolf mentioned he knows a business that is selling their tents and heaters and shutting down their business and suggested staff talk to them. Mayor Smith Hymes recommended that staff talk to restaurants to set up a meeting with restaurant owners to talk more details. Staff will contemplate this for next week, Wednesday September 30th. Mayor Smith Hymes called for public comments and Alex Bolla made a public comment and expressed he is working with Brian Nolan on heating of tents in Beaver Creek with Infrared technology. He mentioned there is a demo tent in the village in front of Blue Moose Pizza where they have integrated their infrared technology into the floor. He expressed this is a green solution and he will send the cost information to Executive Assistant to the Town Manager Ineke de Jong. 5.5A. MOVED ITEM 7.4. WINTER TRANSIT PLAN (Mobility Director Eva Wilson) Video Start Time: 02:09:09 Mobility Director Eva Wilson joined the meeting to answer questions from Council. Councilor Fancher wondered if Beaver Creek Resort would consider contributing more to the extra skier shuttles and restaurant shuttle. She asked if the Town is going after a bigger cost share with Avon lodging partners and Beaver Creek resort company. Town Manager Eric Heil explained he has been in talks with Beaver Creek for weeks, but they have their own challenges to deal with and the extra winter transit operations is what the town can/must/shall do for our businesses and visitors. Councilor Prince asked if we should be promoting this message. Eric confirmed we should. Councilor Underwood expressed marketing/promotion in buses should be maximized, that is what we are good at and what we should do. Alex Bolla made a public comment to confirm that the "test tent" in Beaver Creek that he referred to under agenda item 5.5 is moving to Vail tomorrow and he will let Executive Assistant to the Town Manager Ineke de Jong know the exact location. 5.6. ALLOCATION OF BUFFALO RIDGE SALE PROCEEDS (Town Manager Eric Heil) Video Start Time: 02:20:16 Councilor Thuon rejoined the meeting at 7:20 p.m. Town Manager Eric Heil explained the report on the proceeds. He said the Town closed on the Buffalo Ridge and received slightly under $1.5 million. Mayor Smith Hymes called for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Prince moved to direct Staff to allocate the proceeds of the Buffalo Ridge Phase 2 sale to the Community Housing Fund minus the Town Attorney’s cost rounded up to the nearest $1,000. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent. 5.7. NOTICE OF AWARD FOR RECREATION CENTER REMODEL PROJECT (Town Engineer Justin Hildreth, Recreation Center Director John Curutchet) Pulled off the agenda and postponed to the October 6th agenda. 5.8. APPROVAL OF AMENDMENT TO TOWN MANAGER CONTRACT (Town Attorney Paul Wisor) Video Start Time: 02:25:09 Councilor Wolf got disconnected at 7:26 p.m. Town Attorney Paul Wisor explained the amendment to the Town Manager Contract to reflect Eric Heil’s prior tenure as the Town Attorney. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to direct the Town Attorney to amend the Town Manager’s employment agreement as reflected on the electronic page 49 of the packet tonight. Councilor Fancher seconded the motion and the motion passed with a vote of 6 to 0. Councilor Wolf was absent. 5.9. ADDED ITEM DISCUSSION ON IN-PERSON COUNCIL MEETINGS Video Start Time: 02:27:25 Town Manager Eric Heil explained it is possible but the technology we currently have in Council Chambers is not suited for a "blended" meeting format. Councilors provided individual opinions. Mayor Pro Tem Phillips and Councilors Underwood, Fancher and Thuon would like to keep the virtual format. Mayor Smith Hymes would like to work towards a goal of having a 'smooth blended' meeting in the future. She suggested staff to talk to the Eagle River Water & Sanitation District's IT team to get more insight. Councilor Wolf rejoined the meeting at 7:41 p.m. Councilor Underwood would like to explain the technology we use and have a protocol of its limitations on the current format for transparency regarding the attendees list. Councilor Prince suggested to do some research on other platforms. Town Manager Eric Heil said he has observed as he attends to all meetings, that Zoom has Webinar features that other platforms do not. Councilor Fancher said that in an in-person meeting, an attendee will not know the names of the other persons present. Mr. Cacioppo made a public comment and explained the importance of being able to see the list of attendees. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 6. MINUTES 6.1. APPROVAL OF MINUTES FOR SEPTEMBER 8, 2020 COUNCIL MEETING (Town Clerk Brenda Torres) Video Start Time: 02:56:35 Councilor Underwood moved to approve the minutes from September 8, 2020 regular Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 1. Councilor Wolf voted no. Councilor Fancher abstained from the vote as she was absent on Sept 8th. 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority August 27, 2020 Meeting Summary (Mayor Smith Hymes) 7.2. Financial Reports (Senior Accountant Joel McCracken) 7.3. Eagle County Community Wildlife Roundtable Meeting Recap (Intern Charise Bishop) 7.4. Winter Transit Plan (Mobility Director Eva Wilson) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:57:29 Councilor Fancher thanked Town Manager Eric Heil and his band for the Saturday night event. Councilor Wolf thanked all people that deserve to be said “thank you” to. 9. EXECUTIVE SESSION FOR THE PURPOSE OF LEGAL ADVICE AND NEGOTIATIONS TO DISCUSS A POTENTIAL SPECIAL EVENT (TOWN ATTORNEY PAUL WISOR AND TOWN MANAGER ERIC HEIL) Video Start Time: 02:58:21 Mayor Smith Hymes moved to go into Executive Session For a Conference with the Town Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions Pursuant to CRS Section 24-6-402(4)(B) and for the Purpose of Determining Positions Relative to Matters that are Subject to Negotiations and to Instruct Negotiators Pursuant to CRS Section 24-6-402(4)(E)(I) Regarding a Potential Special Event in Avon. The CRS Section was clarified by Town Manager Eric Heil. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 1. Councilor Wolf voted no. The time was 8:03 p.m. Executive Session started at 8:09 p.m. Executive Session ended at 8:30 p.m. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:31 p.m. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 22, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 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 Underwood 970.748.4005/970.471.6621 ljrichards@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Lance J Richards, Human Resources Director RE: Updates to Employee Policies DATE: September 30, 2020 SUMMARY: This report provides an overview of updates to the Town of Avon Employee Policies. During the 2020 Colorado Legislative session the Colorado legislature passed two Acts which impact the Town’s Employee Policies, including the designation of Frances Xavier Cabrini Day in lieu of Columbus Day and the adoption of the Colorado Healthy Family and Workplaces Act. No action by Council is requested. CABRINI DAY: HB 20-1031 Concerning the Establishment of a New State Holiday in Place of Columbus Day, was passed by the legislature and signed by Governor Polis on March 20, 2020. This law replaces Columbus Day with Cabrini Day as a State Holiday. This holiday is named in honor of St. Frances Xavier Cabrini. Mother Cabrini, a Catholic nun, founded an orphanage and a retreat in Colorado, and became known as the ‘saint of the immigrants” for her work across our country. She was made a Saint by Pope Pius XII in 1946. A copy of HB 20-1031 is attached which includes additional recitals for the reason to observe Frances Xavier Cabrini day. Generally, it has been the policy of the Town to observe the holidays observed by the State of Colorado as set forth in Colorado Revised Statutes Sec. 24-11-101 – Legal Holidays. The Avon Town Council directed the Town Manager in 2020 to implement an alternative to observing Columbus Day due to controversies associated with this day. The Employee Policies were amended to provide a floating holiday in lieu of observing Columbus Day. Due to passage of HB 20-1031, the Employee Policies will be updated to observe Cabrini Day along with the other recognized State Holidays. ADOPTION OF HFWA: SB 20-205 Concerning the Requirement that Employers Offer Sick Leave to Their Employees, and, in Connection Therewith, Making and Appropriation, was passed by the Colorado legislature and signed by Governor Polis. This bill takes effect on January 1, 2021 on the assumption that the Families First Coronavirus Relief Act (“FFCRA”), the federal legislation passed last spring in response to the COVID pandemic, will sunset as scheduled on Dec 31st, 2021. This bill enacts the Colorado Healthy Family and Workplaces Act (“HFWA”). FFCRA provides COVID-related paid sick leave to employees working for businesses with under 500 employees. HFWA mandates that the emergency paid sick leave provisions in FFCRA apply to all employers in Colorado, regardless of employer size, after FFCRA sunsets. Beginning January 1, 2020, all Colorado employers with more than 15 employees will be required to accrue a paid sick leave bank for all employees, based on one hour of paid sick leave for every 30 hours worked, up to a total of 48 hours (or six 8-hour days). This new mandate exceeds the Town’s current policies, which do not provide paid sick leave for part-time or seasonal employees. This will apply to the Town effective January 1st. The Town of Avon Employee Policies will be amended to include these two laws. It is not clear yet how HFWA will work if FFCRA were to be amended or extended because HFWA adoption is tied to the original provisions of FFCRA. At this time, the Town must proceed on the assumption that FFCRA will sunset on Dec 31st as scheduled, and HFWA will take effect on Jan 1st with current FFCRA provisions applying to all Colorado employees. FINANCIAL CONSIDERATIONS: This will not create an incremental cost to the Town, per se, as the accrued sick time is not payable upon termination, and there are limits to annual accrual. Paid sick leave, when used, of course, does represent a loss of manpower, and incurs resulting labor-cost inefficiency. Thank you, Lance ATTACHMENT: House Bill 20-1031 HOUSE BILL 20-1031 BY REPRESENTATIVE(S) Benavidez and Mullica, Buckner, Caraveo, Coleman, Cutter, Duran, Exum, Garnett, Gonzales-Gutierrez, Herod, Hooton, Jackson, Jaquez Lewis, Kipp, Melton, Michaelson Jenet, Singer, Snyder, Tipper, Weissman, Woodrow; also SENATOR(S) Williams A. and Hansen, Fenberg, Fields, Foote, Gonzales. CONCERNING THE ESTABLISHMENT OF A NEW STATE HOLIDAY IN PLACE OF COLUMBUS DAY. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) State holidays are intended to honor prominent figures in United States history and acknowledge other civic events and celebrations in Colorado. (b) Although Christopher Columbus is recognized as a voyager who arrived in what is now known as the Caribbean Sea, he never traveled to or entered the territory that became the United States. He had no knowledge NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. of or contact with the area now known as the state of Colorado, providing no rationale for a Colorado state holiday in his name. In 1492, he was welcomed by the indigenous Taino people to their homeland on the island of Quiqueya, which Columbus renamed Hispaniola. Fifty years later, the Taino people had been nearly exterminated by Columbus and his successors. (c) Frances Xavier Cabrini was a humanitarian champion of immigrants and children in the United States. Cabrini first came to Colorado in 1902. In 1905, she opened the Queen of Heaven Orphanage for girls in a residence in north Denver. (d) In her lifetime, Cabrini was responsible for founding sixty-seven institutions, including schools, hospitals, and orphanages throughout the United States and in South and Central America. (e) In 1909, Cabrini negotiated the purchase of a rural property to serve as a summer camp for the girls living in the orphanage. The land was on the eastern slope of Lookout Mountain in Golden and had no reliable source of water. (f) During Cabrini's last visit to Colorado in 1912, while staying at the mountain camp, she directed the girls to dig under a specific rock where they found a spring of fresh water. That spring continues to provide water to the property today. (g) The land upon which Cabrini established her orphanage and camp is the traditional territory and homeland of the Cheyenne, Arapaho, and Ute indigenous nations. Those indigenous peoples, and all indigenous peoples, have a special, sacred relationship with water, similar to that of Cabrini. (h) Cabrini was naturalized as a United States citizen in October 1909. Recognizing the first Monday in October as Frances Xavier Cabrini Day in recognition of Cabrini's contributions to the state of Colorado creates an opportunity to promote an appreciation, tolerance, and understanding of the different cultures that make up our state. (2) Therefore, in order to preserve the number of state holidays while commemorating the contributions of Cabrini to Colorado and the PAGE 2-HOUSE BILL 20-1031 United States, the general assembly hereby replaces Columbus day with Frances Xavier Cabrini day as a legal state holiday. SECTION 2. In Colorado Revised Statutes, 24-11-101, amend (1) as follows: 24-11-101. Legal holidays - effect. (1) The following days, viz: The first day of January, commonly called New Year's day; the third Monday in January, which shall be observed as the birthday of Dr. Martin Luther King, Jr.; the third Monday in February, commonly called Washington-Lincoln day; the last Monday in May, commonly called Memorial day; the fourth day of July, commonly called Independence day; the first Monday in September, commonly called Labor day; the second FIRST Monday in October, commonly called Columbus FRANCES XAVIER CABRINI day; the eleventh day of November, commonly called Veterans' day; the fourth Thursday in November, commonly called Thanksgiving day; the twenty-fifth day of December, commonly called Christmas day; and any day appointed or recommended by the governor of this state or the president of the United States as a day of fasting or prayer or thanksgiving, are hereby declared to be legal holidays and shall, for all purposes whatsoever, as regards the presenting for payment or acceptance and the protesting and giving notice of the dishonor of bills of exchange, drafts, bank checks, promissory notes, or other negotiable instruments and also for the holding of courts, be treated and considered as is the first day of the week commonly called Sunday. SECTION 3. In Colorado Revised Statutes, 5-1-301, amend (6) as follows: 5-1-301. General definitions. In addition to definitions appearing in subsequent articles, as used in this code, unless the context otherwise requires: (6) "Business day" means any calendar day except Sunday, New Year's day, the third Monday in January observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Independence day, Labor day, Columbus FRANCES XAVIER CABRINI day, Veterans' day, Thanksgiving day, and Christmas day. SECTION 4. In Colorado Revised Statutes, 6-1-102, amend (2.5) PAGE 3-HOUSE BILL 20-1031 as follows: 6-1-102. Definitions. As used in this article 1, unless the context otherwise requires: (2.5) "Business day" means any calendar day except Sunday, New Year's day, the third Monday in January observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Independence day, Labor day, Columbus FRANCES XAVIER CABRINI day, Veterans' day, Thanksgiving, and Christmas. SECTION 5. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2020, if adjournment sine die is on May 6, 2020); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2020 PAGE 4-HOUSE BILL 20-1031 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. ____________________________ ____________________________ KC Becker Leroy M. Garcia SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Robin Jones Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S. Polis GOVERNOR OF THE STATE OF COLORADO PAGE 5-HOUSE BILL 20-1031 (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: COVID Relief Grant Update DATE: September 30, 2020 SUMMARY: This report provides an update on COVID Relief grant funding provided by the Town of Avon. In 2020, the Avon Town Council has awarded $237,000 in Community Relief Grants to seven different non- profit organizations in Eagle County. In addition, 1,681 food vouchers for Avon restaurants were distributed totaling $38,152. ORGANIZATION UPDATES: Swift Eagle Charitable Foundation | $5,000 Since March, more than 86 Avon residents have benefitted from Swift Eagle Charitable Foundation grants. Swift Eagle Charitable Foundation appreciates the $5,000 grant which was directed towards the $12,300 granted to these Avon residents. United Way of Eagle River Valley | $2,000 United Way of Eagle River Valley is extremely grateful for the Town of Avon’s financial support. As of early June, the funds were fully expended. They were used to provide 308 meals to Avon residents, which were safely delivered utilizing volunteers practicing social distancing or available for pickup via the Loaves and Fishes program at the Eagle River Presbyterian Church in Avon. Fun metrics for the overall program: •10% veterans (elderly and/or disabled) •55% families with kids, low/no income, many single parents) •55% of families are LatinX •30% elderly •1.5% medical employees •5% other Vail Valley Charitable Fund | $15,000 The Vail Valley Charitable Fund is extremely grateful to have been a recipient of the Town of Avon Community Relief Grant. They have distributed all $15,000 of the Town of Avon Community Grant Relief dollars. The funding was distributed to four Avon locals for assistance with living expenses, such as rent/mortgage and groceries, as well as medical bills as $2,500, $3,500, $4,000, and $5,000 grants. Their stories range from a resurgence of colon cancer to surviving a horrific bike accident to a diagnosis of esophageal cancer. Our final grant recipient has suffered a loss of income due to COVID-19 while she recovers from reconstructive surgery as a result of reoccurring breast cancer. VVCF would like to express their appreciation to the Town Council members. This strong act of leadership has gone far to support your neighbors during a difficult time. Eagle Hope Center | $10,000 The Hope Center of the Eagle River Valley is grateful for the Town of Avon’s COVID relief grant. This generous contribution allowed school-based therapists to work an additional 491 hours during the summer of 2020. The Hope Center school-based clinicians provided 15 family sessions, 81 group sessions for students, and 300 social emotional check-ins with students. In addition, they partnered with RoundUp River Ranch and YouthPower365 to provide therapeutic group sessions during their summer camps. The Hope Center clinicians served 120 students Page 2 of 2 at YouthPower365’s summer camp, and at RoundUp River Ranch’s camp, their clinician provided 4 family sessions, 7 sessions for parents, and 10 sessions for children. At Avon Elementary School, during PwrHrs Summer Camp, the Hope Center clinician provided clinical support in group sessions for 35 students. Being able to stay connected with students during this extraordinary summer gave clinicians the opportunity to share coping skills, address anxiety and depression, help students stay connected with the school community and ease the transition of returning to in-person learning. Catholic Charities | $5,000 Catholic Charities reports that they’ve fully spent the $5,000 Community Relief Grant. They assisted eight families (approximately 21 individuals) in maintaining their housing through this pandemic crisis in the Town of Avon. They thank Council for the funding and are so grateful to be able to support those in need. Eagle Valley Community Foundation | $50,000 has been granted of the $100,000 total award At the end of August, The Community Market was seeing an average of 3,300 – 3,400 Eagle County customers per week. Customer numbers seem to be stabilizing. They experienced a few peak weeks of 4,000 customers per week. Food Distribution: The Community Market warehouse location in Gypsum is open from 10 - 3 p.m. Monday – Friday, and The Community Market satellite location in Edwards open Tuesday, Thursday, and Saturday from 1 – 6 p.m. Customers served through The Community Market residing in 81620 zip code: • May: 2,732 • June: 2,125 • July: 2,729 • Aug: 1,135 (through 8/16/20) Total: 8,721 # of individuals served from 81620 zip code from May to mid-August. When the pandemic hit, The Eagle Valley Community Foundation (“EVCF”) pondered if we would have to compromise any of the 3 Pillars of The Community Market: Healthy People, Strong Communities and Environmental Sustainability. EVCF is proud that staff remains relentless about all 3 pillars and we have continued grocery rescue and all of the actively green measures we believe are especially relevant to environmental reciprocity during this pandemic. Thank you for your generosity and care for our most treasured community resource, our people. *An email soliciting an invoice for the remaining $50,000 was sent to EVCF in mid-September. Avon Food Voucher Program | $38,152 The Town of Avon issued approximately 1,681 vouchers to community members. Each voucher had a $23.60 value ($20 + 18% gratuity). Many vouchers were unused, even after extending the program. Thank you, Elizabeth 970.748.4040 gdalyl@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Town Core Parking Enforcement Update DATE: September 30, 2020 SUMMARY: This report provides an overview of parking enforcement in the Town Core area for the 2020- 2021 winter season. Avon Police Department will actively enforce parking time limits within the Town Core effective October 26. We are starting earlier than usual, before the snow flies, to (re)familiarize our residents and guests with the time limits in parking areas around the Town Core. In general, parking is not an issue during the summer, except during special events, but can become an issue during the winter months. This will also assist with ensuring retail related parking to occur with access to core shopping stores. BACKGROUND: Parking enforcement, is generally a reactive activity for our police department, based on when we receive specific parking complaints. There is considerable use of currently available all-day parking around Old Town Hall and on Lake Street, mainly from construction sub-contractors working on the Westin expansion. This will be the case for the foreseeable future. As luck would have it, due to online virtual university learning, we will have our part-time Community Response Officer (“CRO”) Rose Martinez available for 4 hours per day to address those vehicles that are exceeding limits or are parking in prohibited areas. CRO Martinez has worked during holidays last year but we have an expanded availability this year. As is the general philosophy of the Police Department, the first violation will receive a warning and the second violation will receive a citation. The Town of Avon has created some desirable parking on Benchmark Road with a three-hour parking limit. In order to allow residents and guests to be able to use these spaces equitably, we will enforce the three- hour limit. In addition, we will address Mikaela Way library two-hour parking spaces, Avon Recreation Center patron two-hour parking only, three-hour time limited parking at the Wyndham and on West Beaver Creek Boulevard. We will provide two weeks of advance notice by posting through our social media outlets and also directly advise the Westin, Wyndham, and Westin construction site of the upcoming parking enforcement. FINANCIAL CONSIDERATIONS: We are employing our part-time Community Response Officer at 28 hours per week and at 40 hours per week between December 11 to January 11. TOWN MANAGER COMMENTS: The Town will reinstitute the week-end Avon resident parking passes to park at the Town Hall parking lot. We definitely need enforcement for the Recreation Center Parking Lot and the parking by the Avon Library. Thank you, Greg ATTACHMENTS: Focused parking enforcement denoted in orange Page 2 of 2 Attachment A: Focused parking enforcement denoted in orange M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: Sept. 24, 2020 RE: Summary of Authority’s September 24, 2020, virtual Board Meeting The following is a summary of items discussed at the September 24, 2020, Authority Board Meeting with the Eagle River Water & Sanitation District: Board members present and acting on the Authority’s behalf included: Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, Mick Woodworth. Resolution of Support re Ballot Issue 7A The board unanimously approved a resolution of support for the Colorado River District’s Ballot Issue 7A, which would help stabilize the River District’s revenues, which have been declining due to reduced energy revenues, the Gallagher Amendment, and TABOR restrictions. Watershed Council Update and Funding Request Holly Loff, president of the Eagle River Watershed Council, presented information regarding the Council’s programs, outreach, and efforts, to which the Authority and District contribute a combined $50,000 annually. The boards agreed to include $25,000 in each the Authority and District FY 2021 budgets for approval next month. Authority 2020 Water Revenue Bonds and Rate Impacts Marc Ragan of Piper Sandler discussed options for structuring the bonds to create some debt service savings and reduce the impact to ratepayers in FY2021 and into the future. The board indicated a preference for the alternative that slowly increased rates and aligned with the information shared with ratepayers in 2019.The board also unanimously approved the resolution to establish a debt service base rate for the 2020 bonds. Authority FY2019 Audit The board received a clean opinion on its FY2019 audit, which was performed by McMahan and Associates. The board unanimously approved the audit and authorized Linn Brooks to execute the representation letter. Water System Master Plan Update Micah Schuette presented information on the Authority and District water system master plan, which was developed with assistance from consultant AE2S. It uses a GIS-based hydrologic model and allows in-house modeling for items that were previously outsourced. Cash-in-Lieu of Water Rights Rates Glenn Porzak discussed the cash-in-lieu of water rights rates for FY2021, which will be considered with the draft FY2021 budget.