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TC Packet 03-08-2022 _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES 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 DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, March 8, 2022 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 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. Public Hearing: Second reading of Ordinance 22-02 An Ordinance Amending Chapter 9.12.080 of the Avon Municipal Code Regarding Public Consumption of Alcohol on Town -Owned Property (Town Prosecutor Elizabeth Pierce -Durance) (5 Minutes) 5:05 5.2. Culture, Arts & Special Events (CASE) Committee Appointments (CASE Manager Danita Dempsey) (35 Minutes) 5:10 5.3. Public Hearing: Resolution 22-01, A Resolution for Preliminary Subdivision Application, Lot 3 and Lot 6, McGrady Acres Subdivision (Planning Director Matt Pielsticker) (30 Minutes) 5:45 5.4. Employee Housing Mitigation Plan for McGrady Acres Subdivision (Planning Director Matt Pielsticker) (30 Minutes) 6:15 5.5. Work Session: Avon Parking Management Plan (Mobility Manager Eva Wilson) (30 Minutes) 6:45 5.6. Approval of Assignment and Assumption of Restated Development Agreement for Lot 3, Mountain Vista (Interim Town Attorney Karl Hanlon) (15 Minutes) 7:15 5.7. Resolution 22-05: Amending Resolution 20-17 Establishing the locations and Maximum Number of Food Trucks (Culture, Arts & Special Events Manager Danita Dempsey) (30 Minutes) 7:30 5.8. Approval of 2021 Audit Engagement Letter with McMahan and Associates, L.L.C., Certified Public Accountants (Finance Director Scott Wright) (5 Minutes) 8:00 6. MINUTES 6.1. Approval of February 22, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) (5 Minutes) 8:05 7. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:10 8. EXECUTIVE SESSION (30 MINUTES) 8:25 8.1. AN EXECUTIVE SESSION PURSUANT TO COLORADO REVISED STATUTE 24 -6-402(4)(B) AND (E)(I) FOR A CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSES OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS AND FOR DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS SPECIFICALLY RELATING TO A REQUEST TO RECONSIDER WATER TAP FEES AND _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES 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 DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. KAYAK CROSSING AFFORDABLE HOUSING. 9. ADJOURN 8:55 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 a genda 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 t o three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE AGENDAS • Presentation: Municipal Broadband Study Results • Work Session: Village at Avon Transit • Procurement Code • Update on Construction Contracts Forms (Town Manager Eric Heil) • Green House Gas Investment Matrix (Town Manager Eric Heil) 970-376-2876 epd@piercedurancelaw.com TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Pierce-Durance, Special Counsel to the Town Danita Dempsey, Events Manager RE: Ordinance 22-02 Second Reading DATE: March 2, 2022 SUMMARY: Ordinance 22-02 amends Section 9.12.080(c) of the Avon Municipal Code to clarify that special event permits issued by the Town authorize consumption of free alcohol on Town-owned property, and to clarify that people may consume alcohol they receive free-of-charge on Town-designated property without violating Avon’s open container law. BACKGROUND: In 2015, Council revised AMC Sec 9.12.080 to allow consumption of alcohol on public property pursuant to a “private event” permit issued by the Town. That language explicitly authorized consumption for two types of events held on public property: • a “special event” – i.e., open to the public – at which alcohol is sold by the drink and which is covered by a state-issued liquor license (Special Event Permit) (AMC Sec. 9.12.080(c)(1)) and • a “private event” – i.e., closed to the public – at which alcohol may be given away free of charge (AMC Sec. 9.12.080(c)(3)) and which requires no type of state-issued liquor license. Omitted from this list are public events at which alcohol is given away free of charge. The proposed ordinance fills that gap by adding “special events” to authorizations provided by AMC Sec 9.12.080(c)(3). In 2019, Council revised AMC Sec 9.12.080 to authorize the Council and/or Town Manager to designate events permitting persons over 21 and older to “bring and consume” alcohol beverages on Town property. State law does not require that persons “bring” their own alcohol to avoid open container prosecution; including that limitation in Avon’s law seems unnecessary. Removing it will clarify that persons who consume alcohol they receive from another person on Town-owned property, in addition to alcohol they bring in themselves, are covered by the exception to the open container law set out at AMC Sec 9.12.080(c)(4). ANALYSIS: Amending AMC Sec 9.12.080(c)(3) to include “special events” along with “private events” will ensure that persons attending any Town-permitted event involving free drinks are not violating Avon’s law regarding public consumption. This will ease administration for the Culture, Arts & Special Events Manager, who requested this Code review and proposed change. Both private and public permitted events involve formal agreements with the Town, which agreements regulate the use of alcohol. Amending AMC Sec 9.12.080(c)(4) to eliminate the words “bring and” removes confusion regarding whether the source of publicly consumed alcohol matters. Council adopted the language set out at Sec. (c)(3) in 2019 in response to a change in state law making it lawful for people to drink on public property when “specifically authorized by ordinance, resolution or rule adopted by a municipality.” See Colorado Revised Statutes (C.R.S.) § 44-3-901(1)(i)(VII), relocated from § 12-47-910(h)(VII). That state provision has no requirement that a public drinker consume only alcohol they bring with them so that Avon may amend its Code as recommended here consistent with state law. FINANCIAL CONSIDERATIONS: The proposed amendments create no cost to the Town. RECOMMENDATION: Staff recommends adoption of Ordinance 22-02. 970-376-2876 epd@piercedurancelaw.com PROPOSED MOTION: I move to approve on Second Reading Ordinance 22-02, which modifies Code section 9.12.080(c) relating to lawful consumption of alcohol on Town-owned properties. Thank you, Elizabeth and Danita ATTACHMENT: Ordinance 22-02 Ord. 22-02 Amending Open Container Law March 8, 2022 Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE NO. 22-02 AN ORDINANCE AMENDING CHAPTER 9.12.080 OF THE AVON MUNICIPAL CODE REGARDING PUBLIC CONSUMPTION OF ALCOHOL ON TOWN-OWNED PROPERTY WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, public consumption of alcohol served free of charge may occasionally occur as part of special events permitted by the Town, which type of public consumption is not currently exempted from Code provisions generally outlawing public consumption of alcohol, sometimes referred to as “open container” law; and WHEREAS, the Council finds that such consumption, occurring as part of a special event permitted by the Town on Town-owned property, should be exempted from Code provisions generally outlawing public consumption; and WHEREAS, authorized public consumption of alcohol on property designated by the Town Manager or Town Council is limited to alcohol persons “bring and consume;” and WHEREAS, the Council finds that authorized consumption should not be limited to alcohol persons bring themselves but may also include alcohol brought and served by another, such as might occur at a party, picnic, or other event; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing to provide the public an opportunity to present testimony and evidence regarding the proposed ordinance; and that approval on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; Ord. 22-02 Amending Open Container Law March 8, 2022 Page 2 of 4 WHEREAS, the Town Council conducted a public hearing on March 8, 2022, after properly posting notice of such hearing, and considered all public comments and other information presented prior to taking any final action to adopt this ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendments to Section 9.12.080(c)(3). Section 9.12.080(c)(3) is hereby amended to read as follows with strike out indicating language to be deleted and underline indicating language to be adopted: “(3) Pursuant to a special or private event permit issued pursuant to that meets the minimum requirements of Section 9.40.040.” Section 3. Amendments to Section 9.12.080(c)(4). Section 9.12.080(c)(4) is hereby amended to read as follows with strike out indicating language to be deleted and underline indicating language to be adopted: “(4) Pursuant to a designation by the Town Council or the Town Manager to permit persons who are at least twenty-one years of age to bring and consume malt, vinous or spiritous liquors or fermented malt beverages on town owned properties provided that such designation specifies the date, location and hours of such designated event.” Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord. 22-02 Amending Open Container Law March 8, 2022 Page 3 of 4 Section 7. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord. 22-02 Amending Open Container Law March 8, 2022 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on February 22, 2022 and setting such public hearing for March 8, 2022 at the Council Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on ________, 2022 BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl J. Hanlon, Town Attorney 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Interviews and Appointments to CASE Committee DATE: February 28, 2022 SUMMARY: Three vacancies opened on the Culture, Arts & Special Events Committee on February 1, 2022. Outgoing members were Pedro Campos, Kathy Ryan, and Chris Cofelice. One current Committee member has reapplied for another term during the application process ending on February 14, 2022. The CASE Committee advisory in nature, reviews, researches, and provides guidance the on culture, arts, and special events programming in the Town of Avon. Their role is more defined in Resolution 19-12 adopted on May 28, 2019, and in the CASE Committee Brand Ambassador attached as Attachment A. A press release announcing the Town was seeking community members to serve on the CASE Committee was sent out on January 6, 2022, through the Town website / database, electronic newsletter, and social channels. I received four (4) outstanding applications for four (4) open seats on the CASE Committee including outgoing member Pedro Campos who has a desire to continue for another two-year term. Applicant information is provided in Attachment B. QUALIFICATIONS: Resolution 19-12 requires CASE Committee members are Eagle County residents to be eligible for appointment as Voting Members; and at least four (4) Voting Members are registered electors of the Town or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment to CASE. Resolution 19-12 guides and prioritizes preferences to persons having experience with (1) special events, (2) event site planning and design, (3) culture and arts or (4) local business. Appointments shall be made by Council in February, or as soon as thereafter as possible, after posting notice to solicit interested persons. Council shall appoint four (4) persons in odd numbered years and three (3) persons in even numbered years to fill CASE seats. CASE COMMITTEE COMPOSITION: Provided in Table 1 below, is a summary of the continuing members and applicants along with their term dates and professions: Page 2 of 3 SELECTION PROCESS: The applicants will be brought into the Council meeting, one-by-one, in the order applications were received, as follows: 1. Pedro Campos 2. Doug Jimenez 3. Jen Dean 4. Kim Hannold After a brief introduction by each applicant and a summary of their interest to serve, Council will have to time ask each applicant questions prior to appointments. There will then be time for Council questions. Up to 5-7 minutes per applicant is scheduled. After the four (4) applicants have had a chance to address the Council, there will be time for Council discussion. Member Term Start Date Term End Date Profession Lisa Mattis 10-Mar-21 1-Fe b-23 President, CanDo MS Justin Chesney 10-Mar-21 1-Fe b-23 Assoc. Director of Meetings & Special Events, Ritz Carlton Bachelor Gulch Thomas Walsh 10-Mar-21 1-Fe b-23 Professional Athlete, U.S. Olympic and Paralympic Committee, and U.S. aralympics Alpine Skiing National A Team Member Ruth Stanley 10-Mar-21 1-Fe b-23 Real Estate Broker, Vail Properties Sales Open Seat 8-Mar-22 1-Fe b-24 Open Seat 8-Mar-22 1-Fe b-24 Open Seat 8-Mar-22 1-Fe b-24 Phillips, Amy 13-Jan-21 1-Fe b-23 Hardy, Lindsay 13-Jan-21 1-Fe b-23 Applicant Term Start Date Term End Date Profession Pedro Campos 8-Mar-22 1-Fe b-24 Principal, Shareholder & Landscape Architect at Zehren & Associates' Doug Jimenez 8-Mar-22 1-Fe b-24 Commercial Property Manager, Hoffmann Commercial Real Estate Jen Dean 8-Mar-22 1-Fe b-24 Owner & Graphic Designer, JD Design Kim Hannold 8-Mar-22 1-Fe b-24 Performing Arts Professional Table 1 CASE Committee Voting Members Appointment & Term Ex-Officio Non-Voting 1Denotes service on the sunset Ad Hoc Special Events Committee Page 3 of 3 Staff will then request that each Council member e-mail their selected candidates to Brenda Torres and Karl Hanlon for tallying. The results from each Council member will be read into the record, as well as the final selected candidates. RECOMMENDATION: I recommend the appointment of three applicants for the seven-member CASE Committee so that combined the CASE Committee overall better represents diversity, equity, and inclusion. Thank you, Danita ATTACHMENTS: Attachment A – Final Resolution 19-12 and CASE Committee Brand Ambassador Role Attachment B – Applicant Information Avon COLORADO RESOLUTION 19-12 APPROVING A CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, the Town Council finds that the Ad Hoc Special Events Committee has provided valuable and important review, research and advisory functions with regard to special event planning and programming for the Avon community and desires to create a permanent standing advisory committee to continue with these efforts; and WHEREAS, Section 11.2 of the Charter states that Council may create any boards or commissions including an advisory committee; and WHEREAS, the Avon Town Council finds that special events promote the local community and character of Avon as well as promote the local economy and that the establishment of a permanent Cultural, Arts and Special Events Committee will promote the health, safety and general welfare of the Avon community; and NOW THEREFORE, the Avon Town Council, hereby RESOLVES to create the Cultural, Arts and Special Events Committee as set forth in Exhibit A: Cultural, Arts and Special Events Committee Authority and Procedures, attached hereto. ADOPTED May 28, 2019 by the AVON TOWN COUNCIL 1)WBy: Attest: Sarah Smith Hymes, Iti or Brenda Torres, Town Cl EXHIBIT A: CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE AUTHORITY AND PROCEDURES 1. Establishment, Purpose and Duties. There is hereby established the Cultural, Arts and Special Events Committee ("CASE") of the Town. The purposes and duties of CASE are as follows: a) To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended from time to time; b) To review, research and provide guidance and advice on culture, arts and special event programming in the Town of Avon; c) To review applications for Town funding allocated for special events and provide recommendations to the Avon Town Council, and to develop applications forms and procedures and review criteria related to such funding applications; d) To conduct surveys and prepare reports related to special events as appropriate and as directed by Council; e) To attend joint meetings with the Avon Town Council to review past, present and future special events, review and evaluate implementation of the Cultural Plan, review annual appropriations to support culture, arts and special events, and to review policies, procedures and practices for culture, arts and special events and CASE; and, f) To perform such other tasks related to culture, arts and special events in or near Avon as the Avon Town Council may direct. 2. Membership. CASE shall be composed of seven (7) Voting Members and two (2) Ex -Officio Non - Voting Council members appointed by Council. 3. Qualification of Voting Members. Eagle County residents shall be eligible for appointment as Voting Members, provided that at least four (4) Voting Members shall be registered electors of the Town or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment to CASE. Persons having experience with special events, event site planning and design, culture, arts or local business which is of particular value to CASE should be preferred over persons who do not. Appointments shall be made by Council in February, or as soon as thereafter as possible, after posting notice to solicit interested persons. Council shall appoint four (4) persons in odd numbered years and three (3) persons in even numbered years to fill Case seats. 4. Qualification of Ex -Officio Non -Voting Members. Council members shall be eligible for appointment to the two (2) Ex -Officio Non -Voting seats. Appointments shall be made by Council in January of odd numbered years after the election and seating of Council members, or as soon thereafter as possible, and shall be made at the same time as appointments of Council members to other committees. The term of office for Ex -Officio Non -Voting Members shall be two (2) years until the bi-annual appointment of Council members to committees. Ex -Officio Non -Voting Members shall Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 1 of 3 have the equal right to participate at CASE meetings and equal right to receive all CASE materials and notices of CASE meetings, but shall not have any right to vote on recommendations, advisory matters, or other actions of CASE. 5. Quorum. Four (4) Voting Members of CASE shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date. In the absence of all Voting Members, any staff member may adjourn any meeting to a later time or date. 6. Term. The term of office for a Voting Member shall be two (2) years on an overlapping tenure. A Voting Member of CASE who ceases to possess the qualifications for office that the Voting Member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the CASE member continues to reside in Eagle County. A member of CASE may be removed by Council pursuant to Section 8 Removal from Office, below. 7. Vacancies. A vacancy on CASE shall occur whenever a member of CASE is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety 90) days, resigns, ceases to meet the qualifications of CASE and is not permitted by Council to serve until the end of the existing term or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy who shall serve the remainder of the term of the former member after posting notice of such vacancy to solicit interest from qualified persons. 8. Removal from Office. Any member of CASE may be removed for just cause at the pleasure of the Town Council by a majority vote of the entire Council in office at the time the vote is taken. Just cause shall include misconduct, conduct unbecoming of a Town official, violation of the Town Code of Ethics, inefficiency or more than two (2) unexcused absences within a twelve- month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the CASE member stating the grounds for removal at least three (3) days prior to the hearing. 9. Officers. CASE shall select its own Chairperson and Vice -Chairperson. The Chair or, in the absence of the Chair, the Vice -Chair, shall be the presiding officer of its meetings. In the absence of both the Chair and the Vice -Chair from a meeting, the Voting Members present shall appoint a Voting Member to serve as Acting Chair at the meeting. 10. Compensation. All members of CASE shall serve with compensation and benefits, if any, as may be established by the Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a CASE member. 11. Staff. The Town Manager shall designate Town staff to serve as the staff of CASE and shall provide for the service of a recording secretary who shall act in the capacity of secretary for CASE. 12. Rules and Regulations. CASE shall operate in accordance with its own rules of procedure; provided, however, that CASE shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by CASE or disapprove the proposal with directions for revision and resubmission. The rules shall incorporate and comply with the Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado Municipal Records Retention Schedule as such are adopted and implemented by the Town of Avon. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 2 of 3 subject to public inspection. CASE may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. 13. Meetings. CASE shall meet in accordance with the rules of procedure governing CASE and otherwise upon the call of the Chairperson or, in the absence of the Chair, by the Vice -Chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. 14. Appropriation Authority. CASE shall not have authority to appropriate or spend Town of Avon funds. CASE may provide recommendations to the Events Manager, Town Manager and/or Avon Town Council with regard to any annual budget for special events, expenditures related to the annual applications in response to the special events request for proposal, Town staff support for special events and capital improvements related to events. 15. Council Amendments. Council reserves the right to amend, increase, reduce or change any or all of the powers, duties and procedures of CASE. Cultural, Arts and Special Events Committee Adopted February 26, 2019 Page 3 of 3 Cultural, Arts and Special Events Committee Rules of Order These Rules of Order establish rules and procedures for Cultural, Arts and Special Events CASE") Committee meetings. The intent is to set forth rules which are readily accessible and usable by the CASE Committee members and understandable by the general public. I. STANDARDS OF CONDUCT FOR CASE COMMITTEE MEETINGS: The CASE Committee finds that the foundation of municipal democracy rests on open, respectful and informed discussion and debate balanced with the necessary efficiency required to take action in the public interest. Reasonable persons will often disagree on many public matters which arise before appointed officials. The process of discussion and debate is essential to the ability of appointed officials to render the best decisions possible for the Avon community. The following standards of conduct are considered the minimum standards for members of the CASE Committee. A. CASE Committee members shall conduct themselves in a mature manner that is becoming of public officials, shall respect one another and shall respect members of the public. B. CASE Committee members shall refrain from profanity, rude behavior or personal attacks and shall promptly apologize to both the board and the recipient of any such behavior in the event of a temporary lapse of appropriate behavior. C. The CASE Committee Chair shall be responsible for maintaining civility, decorum and order throughout the meeting. D. Members of the CASE Committee shall not communicate between or amongst themselves by text message, e-mails or other forms of electronic communication during a CASE Committee meeting. E. Members of the CASE Committee shall promptly disclose and announce the sending or receipt by a CASE Committee member of a text message, e-mail or other form of electronic communication during a CASE Committee meeting, to or from any person, for any such communication that concerns a matter on the CASE Committee agenda for that meeting. II. CHAIR: Every meeting of the CASE Committee shall be presided over by the Chair. If the Chair is absent the Vice Chair shall preside over the meeting. If the Chair has a conflict of interest on a matter, then the Vice Chair shall preside over the meeting for such matter. If the Chair and Vice Chair are absent, or if they both have a conflict of interest on a matter, then a quorum of CASE Committee members shall appoint an Acting Chair, by motion and vote, who shall then preside over the meeting or shall preside over such matter for which the Chair and Vice Chair have a conflict of interest. The Chair shall strive to moderate CASE Committee meetings with impartiality, shall strive to allow input from all other CASE Committee members on matters before expressing his or her opinion, and shall refrain from making a motion or seconding a motion until it is apparent that no other member of the CASE Committee member will do so. III. AGENDAS: The following rules and procedures shall apply to agendas: A. The Chair shall determine the agenda in consultation with the CASE Manager. The CASE Committee may direct items to be included on an agenda. Individual CASE Committee members may contact the Chair to request inclusion of a matter on an agenda. The Chair shall consult with the CASE Manager and exercise discretion to determine if the matter should be included on the agenda as a discussion item or an action item. Page 1 of 4 B. After roll call, the CASE Committee shall approve the agenda, by motion, by a majority of the quorum present with any additions or deletions the CASE Committee deems appropriate. C. The CASE Committee may take action by motion at any time during a meeting to schedule discussion or action items on a future agenda which shall be scheduled by the CASE Manager. IV. MOTIONS: All official CASE Committee actions are initiated by motion. These following rules and procedures apply to motions. There are two basic motions: action motions and procedural motions. Only one action motion may be on the floor at a time. A procedural motion may be proposed, discussed and acted upon when an action motion is on the floor or at any other time. A. Basic Motion: The basic motion to take action is stated as, "I move to ...." Every motion requires a second. Once a motion is made no further discussion can continue until a second is made to support the motion. B. Discussion: All CASE Committee members have the right to discuss the motion on the floor. Discussion cannot be concluded unless (1) all CASE Committee members present consent or (2) a majority of CASE Committee members present approve a procedural motion to "Call the Question" and end debate. C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and consent of the CASE Committee member who seconded the motion is not required. The motion is immediately withdrawn; however, the Chair may then ask the CASE Committee member who seconded the withdrawn motion and any other CASE Committee member if such CASE Committee member wishes to make the motion. D. Amendment to Motion: Any CASE Committee member may request an amendment to a pending motion. The maker of the pending motion and CASE Committee member who seconded the motion must consent to the proposed amendment. Any CASE Committee member may also propose a substitute motion to a pending motion which also requires consent of the maker of the pending motion and the CASE Committee member who seconded the pending motion. E. Procedural Motion: A procedural motion may be made at any time and may impose or modify any procedural rule provided that such procedure is not in conflict with the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. Procedural motions require a majority vote of the quorum present. F. Motion to Call the Question or End the Discussion: A motion to "call the question" (also known as a motion to end the discussion) is a procedural motion to end debate and discussion. A motion to call the question cannot be made until each CASE Committee member has had at least one reasonable opportunity to ask questions and express his or her opinion on the matter. Once a motion to call the question is made and seconded, it shall be the Chair's discretion to allow any further discussion on such procedural motion for the purpose of clarifying any technical, procedural or legal issue related to the procedural motion. A motion to call the question requires a majority vote of the quorum present. Once a motion to call the question is approved, the pending action motion on the floor must be voted upon promptly or, if no action motion is pending, the Chair shall proceed to the next agenda item. G. Motion to Continue: A motion to continue an agenda item must include a specific future CASE Committee meeting date, time and place for the continued matter to be considered again without re -noticing a required public hearing. Page 2 of 4 H. Motion to Table: A motion to table places the agenda item on hold and does not require a specific time for the return of the agenda item. I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in these Rules of Order. Such motion may be made and requires a supermajority vote of a majority of the quorum present plus one for approval. A motion to suspend rules may not supersede the procedural requirements of the Avon Home Rule Charter, any ordinance adopted by the Town, or any applicable state law. J. A Motion to Reconsider: A Motion to Reconsider allows the CASE Committee to reconsider a vote on a matter. A Motion to Reconsider may only be made and considered by a member of the CASE Committee who voted in the majority on the motion which is proposed for reconsideration. V. MEETING CONDUCT A. Point of Privilege: A CASE Committee member may interrupt the speaker to raise a matter related to the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker. B. Point of Order: A CASE Committee member may raise a Point of Order at any time that the Chair permits meeting conduct which does not follow these Rules of Order or otherwise fails to maintain civility and decorum by the CASE Committee and the general public. C. Appeal: A CASE Committee member may move to appeal the ruling of the Chair on any procedural matter or other decision related to the conduct of the meeting. If the motion is seconded and, after debate, if such motion passes by a simple majority vote of the quorum present, then the ruling or conduct of the Chair shall be overruled and reversed. D. Call for Orders of the Day: A CASE Committee member may call for Orders of the Day when such CASE Committee member believes that CASE Committee discussion has strayed from the agenda. No second or vote is required. If the Chair does not return to the agenda, then such ruling may be appealed. E. Adjournment: The Chair may announce the meeting adjourned when there are no further items on the agenda which have not been addressed. The CASE Committee may adjourn a meeting at any time by motion, second and approval by a majority of the quorum present. VI. PUBLIC COMMENTS: CASE Committee agendas shall include a general item labeled Public Comment" near the beginning of all CASE Committee meetings. Members of the public who wish to provide comments to the CASE Committee 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 CASE Committee in advance of the CASE Committee meeting. The Chair shall permit public comments during any agenda item and may limit public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. VII. REMOTE TELEPHONEIVIDEO MEETING ATTENDANCE: A member of the CASE Committee may participate in a CASE Committee meeting by Remote Attendance only in accordance with this section. Remote Attendance shall be made available and shall be limited as follows: A. A CASE Committee member may participate by Remote Attendance only when such member's absence would otherwise constitute an excused absence. An excused absence shall include but not be limited to the inability to physically attend due to unavoidable travel Page 3 of 4 schedule conflicts which are communicated to the CASE Manager in advance of a meeting and unanticipated emergencies or accidents which render physical attendance not possible. B. CASE Committee must approve by a majority vote of the CASE Committee members physically present to allow a CASE Committee member to participate by Remote Attendance. C. The communication equipment and connections must be sufficient to allow clear, uninterrupted two-way communication between the Remote Attendee and all participants physically present at a CASE Committee meeting. D. Multiple CASE Committee members may participate by Remote Attendance if the communication equipment is sufficient to allow clear, uninterrupted two-way communication. E. The CASE Committee may discontinue Remote Attendance at a meeting when a majority of the CASE Committee members physically present find that communication equipment or connection is inadequate and results in noise, poor sound quality, delay or lost connections. F. Remote Attendance shall constitute physical attendance for purposes of establishing a quorum. Meeting minutes shall acknowledge any Remote Attendance. Motions, votes and other actions of a remote attendee shall be the same as if CASE Committee member physically attended the meeting. G. Non -CASE Committee members may participate by Remote Attendance when the majority of the CASE Committee members determine that Remote Attendance is necessary for the consideration of business presented to the Town, such Remote Attendance would not violate the policies set forth above, the public interest would be harmed, threatened or diminished by continuation of the business item, and good cause exists for the inability of the non -CASE Committee member Remote Attendee to physically attend. H. The Town shall provide reasonable accommodation and shall waive or modify this policy to provide handicapped CASE Committee members full and equal access to CASE Committee meetings. Page 4 of 4 CASE COMMITTEE BRAND AMBASSADOR Brand Ambassador for Avon’s Culture, Arts & Special Events Page 1 Updated: April 2020 POSITION TITLE: BRAND AMBASSADOR DIVISION: CULTURE, ARTS & SPECIAL EVENTS DEPARTMENT: GENERAL GOVERNMENT POSITION TYPE: VOLUNTEER MONTH AND YEAR: APRIL 2020 GENERAL STATEMENT Avon is requesting the CASE Committee act as ambassadors representing our brand at Town produced and third-party produced culture, art, special events and activations. Ambassadors ideally will have flexibility in their availability to attend multiple events during their two-year term. You play an important role at Avon’s events and belong to a team that makes a positive difference in our community, the success of our events and our ability to meet our strategic goals. Your ability to build and sustain loyal, long-term relationships within our business, residential and visitor community is paramount. You are the "Bridge between our municipal staff and our community." KEY CHARACTERISTICS OF A SUCCESSFUL EVENT AMBASSADOR: o Friendly, approachable and outgoing o Knowledgeable about our community - 'Be Invited In' o Knowledgeable about Avon’s event and it’s event policies & resources o Highly personable and engaging o Ability to build relationships o Dynamic leadership skills o Passionate for Avon o Influential RESPONSIBILITIES AND DUTIES: Key responsibility is to further the success of our events by engaging with community members through personal and genuine interactions. o Attend multiple events and activations during two-year term as requested by the committee and/or events team. o Approach and welcome attendees during the event/activation. o Bring the CASE Committee vision, culture, and values to life in every interaction by sharing expertise and enthusiasm for Avon’s events. o Develop relationships with our community members and visitors and encourage them to return to experience other events. o Maximize event attendance by driving awareness of events through your resources and/or channels o Stay up to date on Town initiatives, programming and services. o Share feedback, experiences and ideas with the CASE Manager via email and with the CASE Committee during scheduled public meetings. o Follow all policies, processes, and relevant government regulations o Perform other related duties as assigned and required by the committee and/or events team CASE COMMITTEE APPLICATION – JANUARY 2022 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE DEADLINE FOR APPLICATION: FEBRUARY 14, 2022 Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019 by Resolution 19-12 to act as an advisory group providing advice concerning 1)the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and, 2)the programming of cultural, arts and special events for the Avon community. The nine-person Committee is comprised of seven voting members and two non-voting members. The Committee meets virtually for 90-minutes on the third Thursday of each month between 12:00 p.m. and 1:30 p.m. The date and time are subject to change. Name:____________________________________________________________________________________ Occupation, Place of Employment & Title: __________________________________________________________________________________________ Mailing Address:___________________________________________________________________________ Phone:___________________________________________________________________________________ Email:____________________________________________________________________________________ Eligibility: 1. Resident of Eagle County. 2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. 3. Commit to a one-year term of volunteer service. Please briefly describe your interest in the Cultural, Arts, and Special Events Committee: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Pedro Campos Landscape Architect, Zehren and Associates, Principal & Shareholder Post Office Box 451, Edwards, CO 81632 970 390 4270 pedroc@zehren.com I have been involved with CASE since its inception as an Adhoc committee and have been a member of the group since it was formalized.. I will bring continuity to the work of CASE and be able to offer perspective on the work of the committee since it was formed. I have strong relationships with existing member and staff that I feel is helpful to bridge the gap between the staff and the committee members. I continue to be deeply interested in elevating Avon's relationship to Arts and Culture, and improving its public spaces. I a very proud of CASE's accomplishments and that I have been a part of it over the past 3 years. CASE COMMITTEE APPLICATION – JANUARY 2022 DANITA DEMPSEY What background, experience, or special skills would you bring to the Committee? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Is there anything else we should know about you? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Attachments: Resolution 19-12 Approving a Cultural, Arts and Special Events Committee CASE Committee Brand Ambassador - Responsibilities 4JHOBUVSF %BUF I bring expertise in community planning and in landscape architecture. I have worked with several mountain communities to help plan and design venues for events and festivals. I have skills in public speaking, presenting, and analyzing planning and design proposals. I have spent alot of time in special events and have gained insight into operational aspects. I am one of (6) shareholders of Zehren and Associates, which is one of the longest running private sector businesses located in Avon. I speak fluent Portuguese and semi-fluent Spanish. My oldest daugther Valentina swims for the Avon Swim Team and has been a member of the team since it was created. The first project I worked on in Avon were preliminary concepts in 1997 for what eventually became Lake Street, while working at a different firm earlier in my career. Pedro Campos Digitally signed by Pedro Campos Date: 2022.01.24 18:40:44 -07'00'January 24, 2022 CASE COMMITTEE APPLICATION – JANUARY 2022 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE DEADLINE FOR APPLICATION: FEBRUARY 14, 2022 Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019 by Resolution 19-12 to act as an advisory group providing advice concerning 1)the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and, 2)the programming of cultural, arts and special events for the Avon community. The nine-person Committee is comprised of seven voting members and two non-voting members. The Committee meets virtually for 90-minutes on the third Thursday of each month between 12:00 p.m. and 1:30 p.m. The date and time are subject to change. Name:____________________________________________________________________________________ Occupation, Place of Employment & Title: __________________________________________________________________________________________ Mailing Address:___________________________________________________________________________ Phone:___________________________________________________________________________________ Email:____________________________________________________________________________________ Eligibility: 1. Resident of Eagle County. 2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. 3. Commit to a one-year term of volunteer service. Please briefly describe your interest in the Cultural, Arts, and Special Events Committee: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Doug Jimenez Commercial Property Manager, Hoffmann Commercial RE, Property Manager PO BOX 2286, AVON 970-390-1970 doug.jimenez@gmail.com My involvement in the Avon community started well over 7 years ago. Avon has been my home for over 20 years where I've seen good changes like the addition of several art pieces and the open door amphitheater to our community. The importance of Art, Music, Dance and other events is the core of human history and of personal intest for me and my two young children and wife. I would appreciate being involved in the developing of cultural events to benefit the future of my family and all the Avon community. CASE COMMITTEE APPLICATION – JANUARY 2022 DANITA DEMPSEY What background, experience, or special skills would you bring to the Committee? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Is there anything else we should know about you? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Attachments: Resolution 19-12 Approving a Cultural, Arts and Special Events Committee CASE Committee Brand Ambassador - Responsibilities 4JHOBUVSF %BUF I've been involved in many events in this valley, from music event to the installation and maintenance of bronze sculptures for the Hoffmann family. I'm well aware of the cost, handling, adquisition, logistics, maintenance and even removal of Sculptures. I have also help organized the very first Avon Open Market. I'm well committed to serve this community, I've own a residence in Avon since 2010. I'm an avid cyclist and skiier, I enjoy the outdoors with my family, the Avon community has all the elements to be called the most incredible "opened door amusement park". Adding cultural value just enlivens the appeal. I want to be part of this group! 02/14/2022 14 Feb 2022 To: Town of Avon’s Cultural, Arts and Special Committee From, Michael Kavanaugh, Commander, US Navy Retired Subject: DOUGLAS JIMENEZ 1. It is with pleasure and sincere desire to speak on behalf of Mr. Doug Jimenez for the Town of Avon that I address you. This is a reference written to you about Mr. Jimenez from an extended knowledge of his character, community views and his family affections. 2. Mr. Jimenez has been a friend, confidant and business associate for 6 years now. I served in the US Navy as an Officer for 20 years specializing in Naval Aviation Safety and Aircrew Performance (I have over 1000 hours flight time in military combat aircraft). My last Naval tour was with Naval Air Systems Command serving in the compacity as a Purchasing Commander for Aeromedical Equipment (Operational Responsibility for 300 million dollars of Facilities and Devices). 3. Humbly said this letter is surely not about me, but Mr. Jimenez. A background of my Naval experience is merely mentioned to garner a standing with your valuable committee. 4. Doug is a family man who with love has a ferocious desire to see his children and lovely wife flourish in our lovely mountain community. His affections and standing as his family’s Patriarch are truly admirable. I watch him up close and from afar. I am in admiration of him, and always learn from my friend. I am honored to know him as a Dad myself. 5. Truly, Doug is a man I avail for his opinion and salient wisdom in regards to personal matters and advice. I suppose we all do this, but who we choose for this advice is done carefully from a chosen few. 6. If you choose Mr. Jimenez for your Committee then surely your organization would be strengthened and even more fiscally responsible with Mr. Jimenez as a valued asset. I do know of his fiscal acumen from a business I run in the Vail Valley. He is fiscally sharp and responsible. 7. Michael Kavanaugh, cell: 970-445-8040 and email: Rockymountains12345@hotmail.com My Kindest Regards, Michael Kavanaugh Commander US Navy Retired 1 Danita Dempsey From:Doug Jimenez <djimenez@hoffmanncre.com> Sent:Sunday, February 20, 2022 12:07 PM To:Danita Dempsey Subject:Fwd: Letter of Recommendation #4 Danita Here is an additional letter of recommendation, please see below. Thank you and have a good long weekend! Doug Jimenez Property Manager Hoffmann Commercial Real Estate P.O. Box 9687 | Avon, CO | 81620 T: 1‐888‐375‐(4273)x4 | P: 970‐390‐1970 djimenez@hoffmanncre.com The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. This email transmission does not constitute an offer or acceptance, and cannot result in a binding agreement. No employee or agent of Hoffmann Commercial Real Estate is authorized to conclude any binding agreement on behalf of Hoffmann Commercial Real Estate, nor any entity for which Hoffmann Commercial Real Estate serves as agent. Neither Hoffmann Commercial Real Estate, nor any entity for which Hoffmann Commercial Real Estate serves as an agent, will be bound by any agreement, unless such agreement is in writing, duly executed by an authorized representative of the party to be bound, and delivered to the party seeking enforcement. Begin forwarded message: From: jeudiel giordano <jay@vailinvestment.com> Date: February 20, 2022 at 11:12:21 AM MST To: djcolorado@mail.com Subject: Fwd: Letter of Recommendation Sent from my iPhone Begin forwarded message: From: jeudiel giordano <jay@vailinvestment.com> Date: February 18, 2022 at 1:42:15 PM CST To: Doug Jimenez <djcostarica@hotmail.com> Subject: Letter of Recommendation To whom it may concern, I am writing in reference to Douglas Jimenez. We have been friends for the past 2 fourteen years, and I have always known him to be an ambitious and highly motivated person. I believe that his self‐starting tendencies and strong vision make him an ideal candidate for the Town of Avon Committee. When I met Doug, I had just moved to the Valley with my wife. We initially connected at a store where I worked back in the day, and I could immediately see that he was a driven individual with substantial potential but most important, he had a really caring personality. Over the years, we became friends and travelled together to Europe in a few occasions for fun and for business. Recently, Doug has become an investor at my company, the Vail Investment Management Group where not only he trusts me with his friendship, but also with his financial resources. Life went on, and we had kids and our families became really close. We have learned to treat each other as brothers and my children have been learning from Doug, his wife and kids, how to treat and be treated with respect and integrity. I could probably disclose to you the long list of professional achievements that Doug has completed over the years. But what I would like to highlight in this short letter is that Doug is a person of integrity, high morals and values with a deep interest in helping others. His professional achievements are just a reflection of who he is as a human being. Please, if you have any questions or concerns I can be directly contacted at: jay@vailinvestment.com 970 331 3037 I will be happy to answer any question and provide more insight about Doug’s professional and ethic qualifications. Best regards, Jay Giordano CEO Vail Investment Management Group February 15, 2022 To Whom It May Concern, Doug Jimenez is the most dependable and dedicated person of whom I have had the pleasure of working with in my role as Senior Account Executive for Waste Management. Every interaction that I have experienced with Doug in our business relationship leaves me more impressed each time. Whether it be a quick meeting or a phone call, Doug’s responsiveness, attention to detail, and commitment to succeed in all endeavors are just a few of the character traits that are always present. It is impossible to go without noticing that Doug’s work ethic is not just a skill but inherent in his nature. The most admirable characteristic about Doug is his ability to go above and beyond for his customers , as well as his business counterparts. For example, there have been countless times that Doug has assisted my drivers so that they could efficiently perform their duties and deliver upon service. While this is not expected of Doug, it is greatly appreciated by all. Doug’s tireless work ethic proves that he is driven to complete any assignment, from the mundane to the monumental. Doug is genuinely eager to learn every aspect of a business. He seeks out opportunities and takes it upon himself to gain a better understanding of a company, its employees, the operations involved in delivering upon services, and its responsibilities and commitments as an organization. Doug’s adaptability allows him to be to handle tough or unexpected situations that most others would need directive to navigate through to accurately complete. Along with his initiative, Doug’s business acumen and professionalism allow him to have accurate conversations and make integral decisions with little need for consult that are in the best interests of the company and the customer. Doug’s ability to connect with others is not limited to his interactions with his employees or vendors. One of Doug’s many talents is his knack for customer service. Doug intuitively knows how to professionally communicate with diverse clientele. I am continually impressed with how he can quickly build trust and gain respect with customers and vendors, while keeping business demands a top priority. Doug is honest and straightforward in his approach to work, business, and personal life. He is a team player and demonstrates a high degree of loyalty and trustworthiness in all his obligations. Doug carries out his responsibilities and duties with a drive to succeed, with the energy and passion to continuously go above and beyond in all endeavors. Doug possesses a very high ethical standard. He is bright, enthusiastic, and eager to take on new challenges. I believe Doug Jimenez is an exceptional candidate, and I am certain that he will excel at any career that he chooses to pursue. I welcome you to reach out to me directly to further discuss Doug’s capabilities and how he would align within your organization and its team. Thank You, Heather Martin Senior Account Executive, Waste Management hmartin@wm.com 970-306-3066 2/18/2022 Andrew Bartlett 818.404.8866 Po Box 8769 Avon CO 81620 Town of Anon Culture, Arts and Special Committee To Whom it may concern, I am writing this letter as a reference for Doug Jimenez. Doug and I have been professional colleges for over 5 years, and I have a lot of admiration for his business and family values. He has always been a person that I can depend upon. Over the time we have known each other professional, our children have become good friends at school. Therefore, I have interacted with Doug socially and I am impressed with his determination as a father and a husband. If you have anything specific you would like to know more about, please feel free to contact me directly. Many thanks, Andrew Bartlett CASE COMMITTEE APPLICATION – JANUARY 2022 DANITA DEMPSEY APPLICATION FOR THE TOWN OF AVON CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE DEADLINE FOR APPLICATION: FEBRUARY 14, 2022 Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019 by Resolution 19-12 to act as an advisory group providing advice concerning 1)the development and implementation of the Cultural, Arts and Special Events Strategic Plan; and, 2)the programming of cultural, arts and special events for the Avon community. The nine-person Committee is comprised of seven voting members and two non-voting members. The Committee meets virtually for 90-minutes on the third Thursday of each month between 12:00 p.m. and 1:30 p.m. The date and time are subject to change. Name:____________________________________________________________________________________ Occupation,Place of Employment & Title: __________________________________________________________________________________________ Mailing Address:___________________________________________________________________________ Phone:___________________________________________________________________________________ Email:____________________________________________________________________________________ Eligibility: 1.Resident of Eagle County. 2.Registered electors of the Town of Avon or owners or representatives of an existing business with a physical location and address in the Town of Avon at the time of their appointment. 3.Commit to a one-year term of volunteer service. Please briefly describe your interest in the Cultural, Arts, and Special Events Committee: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Jennifer Dean PO Box 2001, Avon 81620 970-331-3915 jen@jddesign-llc.com As a 20 year resident of Avon, I would like to give back. With my background being in the arts, I think it would be a good fit. Marketing & Graphic Design, JD Design, LLC, Owner CASE COMMITTEE APPLICATION – JANUARY 2022 DANITA DEMPSEY What background, experience, or special skills would you bring to the Committee? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Is there anything else we should know about you? __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Attachments: Resolution 19-12 Approving a Cultural, Arts and Special Events Committee CASE Committee Brand Ambassador - Responsibilities Signature Date I have a BFA degree specializing in graphic design & marketing. I have volunteered in the past to work many of these special events and would like to add my voice. 2/14/2022 Qualifications • Coordinated 18-month grassroots campaign using multi-touch techniques of direct mail, print advertising, phone solicitation, neighborhood door-knocking and on-line outreach efforts • Direct mail and print advertising design, production and coordination of multi-piece campaigns for local, national and international clients • Creative and design experience with advertising, marketing and client support programs for several Fortune 50 companies, including Cisco, AT&T, Microsoft, Exxon-Mobil and others • Experience includes magazine and catalog art direction, web design, logo & collateral development and B2B promotions • Plan, coordinate & impliment digital campaigns using all media outlets • Fully versed in the Adobe Creative Suite and Microsoft Office, experienced in Constant Contact, Mail Chimp and WordPress Achievements & Abilities • AAPC Gold Pollie Direct Mail – Local Grassroots/Issue Advocacy/Public Affairs, Budget over $250,000: The Architect Survey had a 10.6% response rate • Coordinated creative for direct mail and collateral for the Iowa Straw Poll and multiple state caucuses and primaries for Romney for President • Consulted & oversaw creative for The New Rights Party during Parliamentary Elections in the Republic of Georgia • Art directed summer, winter, travel agent and wedding catalogs for Vail Valley Tourism & Convention Experience Owner/Creative Director Art Director/Account Manager Graphic Designer/Art Director Currently Spark Creative Hach Company JD Design Avon, CO Loveland, CO Avon, CO Partner/Creative Director Graphic Designer/Art Director JDK Marketing & Public Affairs Concepts Direct Des Moines, IA Longmont, CO Education BFA in Graphic Design, Minor in Art History Savannah College of Art & Design Savannah, GA Personal Attributes Hard working • Professional • Creative • Pro-active • High energy • Collaborative JENNIFER DEAN Graphic Design • Direct Marketing • Strategic Communications PO Box 2001 • Avon, CO 81620 970-748-0271 • 970-331-3915 cell • jen@jddesign-llc.com • www.jddesign-llc.com References Seth Ehrlich Executive Director, SOS Outreach 412-953-9622 seth@sosoutreach.org Suzanne Oliver Group Fitness & Wellness Manager, Sonnenalp Club 970-390-6813 soliver@sonnenalp.com Kathleen Byrne Head Server, The 10th, Vail Resorts 970-393-2643 kathleenlbyrne@yahoo.com JENNIFER DEAN Graphic Design • Direct Marketing • Strategic Communications PO Box 2001 • Avon, CO 81620 970-748-0271 • 970-331-3915 cell • jen@jddesign-llc.com • www.jddesign-llc.com Kim Hannold PO Box 1347, Avon, CO 81620 | 814-771-1504 | kimhannold@gmail.com Resourceful performing arts professional with a wide array of experience in venue operations, event execution, programming, and administration. Professional Experience DIRECTOR OF PROGRAMMING | Vilar Performing Arts Center – Beaver Creek, CO | 2018-2020 Responsible for the scope and content of ~100 performances per year among concerts, comedy, Broadway, family, dance, classical, and young-audience educational, aligning with multiple constituent objectives. Notable Achievements · Increased theatre occupancy by 10%+ while decreasing the average a ge of the audience member · Exceeded venue’s most aggressive ticket revenue goals by 17% · Secured 7% increase in donors through targeted programming · Top Dog employee award, Vail Valley Foundation, October 2019 Aspects of the position: • Maintain high-level knowledge of current entertainment industry and touring trends. Identify, research and target appropriate artists. • Establish a strong network of artist representatives, agents and agencies, and other presenters and promoters. Utilize regional partnerships and routing. Attend performing arts conferences. • Determine, allocate, track and reconcile the artist fees and programming-related budgets of approx. $1.7 million. Set revenue goals and determine ticket pricing. • Negotiate contract deal terms. Manage busy venue calendar to secure avails and date holds. Create offers. Review and prepare contracts. • Strategize and develop creative ticket packages to increase accessibility and maximize revenue. Monitor ticket sales and adjust marketing strategy and dynamic ticket pricing. • Serve as the marketing resource and primary spokesperson representing venue programming: develop web content, press releases and newspaper content. Radio appearances, presentations at parent company staff meetings and reports at Board meetings. • Assess and evaluate the success of shows and seasons and make recommendations accordingly. • Board member for the regional Rocky Mountain Arts Consortium. • Hire, train, and manage the Artist Relations Coordinator. MANAGER OF ARTIST AND COMMUNITY RELATIONS | Vilar PAC | 2010-2018 Assistant to the Executive Director: Board meeting preparation and minutes. Communication drafting and proofreading. Memberships, expense reports, conference arrangements, grants assistance. Community Outreach/Community Relations: Oversight of young audience educational series. Oversight of VPAC Guild: fundraising events, dues, disbursement of scholarship funds. Lodging and transportation sponsor recruitment and fulfillment. Other community outreach opportunities for students, seniors and underserved. Artist Relations: Advance and day-of-show: lodging, transportation, merchandise, house policy, security, meet & greet, settlement. Liaison between front and back-of-house. Management and training of: Hospitality Manager, Donor Concierges, House Managers, Volunteers. Created and recruited volunteer STARS Coordinator position. Part-time House Manager prior to FT employment. Education BA IN THEATRE | BA IN JOURNALISM | PENNSYLVANIA STATE UNIVERSITY: Magna cum laude graduate, Phi Beta Kappa, Golden Key International Honour Society, National Society of Collegiate Scholars 1 Danita Dempsey From:Kim Hannold <kimhannold@gmail.com> Sent:Monday, February 28, 2022 1:35 PM To:Danita Dempsey Subject:Re: CASE Committee application Follow Up Flag:Follow up Flag Status:Flagged Hi Danita, Nice to hear from you. My references are: Aja Vogelman, Director of Production, Noorda Center: 608‐215‐3666, ajav@uvu.edu Erik Brown, Director of Special Projects & Infrastructure, Vail Valley Foundation: 714‐322‐9903, ebrown@vvf.org Laura Warren, General Manager, Austria Haus Club of Vail: 970‐477‐5888, lwarren@austriahausclub.com I would love to hear more about the Committee and their current work. Feel free to call me at your convenience if that's your preference. 814‐771‐1504 Thank you in advance! Kim On Mon, Feb 28, 2022 at 10:03 AM Danita Dempsey <ddempsey@avon.org> wrote: Hi Kim: Happy Monday! Thank you for the application for the CASE Committee. This will be on the agenda for the March 8th Council meeting. Also, do you have three references that you could supply? Would you like to spend a few minutes learning more about the Committee’s work in the next year or do you feel you have a good handle on it already? Best, Danita Dempsey Culture, Arts & Special Event Manager O 970-748-4065 | C 970-471-9137 970-748-4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: CONTINUED PUBLIC HEARING: Resolution 22-01 Preliminary Subdivision / Lot 3 and Lot 6, McGrady Acres DATE: March 2, 2022 SUMMARY: In front of the Town Council is a Preliminary Subdivision application with public hearing. The application proposes to dissolve an internal lot line between the two existing properties (Lot 3 and Lot 6 McGrady Acres), creation of twenty-four (24) individual townhome lots, and the creation of common tracts for access drives and common greenspace. A cover letter from the property owner (“Attachment A”) requesting consideration of cash in lieu of dedication park land, and conceptual Preliminary Subdivision layout (“Attachment B”) are attached to this report. The process for a Major Subdivision includes a Preliminary and Final application. This public hearing was continued from the February 8, 2022 regular meeting. UPDATES: At the February 8, 2022 meeting Councilor’s requested additional information on previous PZC actions, a Staff analysis of the Park Land Dedication, and more in depth review of the applicable review criteria. The Preliminary subdivision plat has been updated to include physical land dedications, easements for pedestrian connectivity to Eaglebend Drive, and a modified approach to cash in lieu for the remainder of Park Land Dedication requirements. This Staff report includes a more in -depth review of previous land use actions, and clarifications as they relate to Major Development Plan review versus Subdivision review. COUNCIL OPTIONS: - Approve Resolution 22-01 (“Attachment C”), as submitted; or - Approve Resolution 22-01, with amendments recommended by Staff and/or other changes; or - Request more information and Continue Resolution 22-01 to a future meeting; or - Deny the Preliminary Subdivision by Motion and Vote. RECOMMENDATION: My recommendation is to conduct a public hearing, discuss conformity with the applicable review criteria, and take action to conditionally approve the Preliminary Subdivision. Optional actions are provided at the end of this report. APPLICATION BACKGROUND: The Planning and Zoning Commission held public hearings on December 7, 2021 and December 21, 2021 for the development. The Planning and Zoning Commission conditionally approved the Major Development Plan, after considering public comments and Staff's analysis on December 21, 2021. PZC made a recommendation for approval (“Attachment D”) of the Preliminary Subdivision Application at the December 21, 2021 meeting. PROPERTY DESCRIPTION: Lot 6 is located adjacent to the Eagle River and contains a single-family home. The home would be demolished to accommodate this development. Lot 6 is bordered by a single-family home and Eaglebend subdivision to the west, Post Boulevard to the east, and Lot 3 of McGrady Acres subdivision to the north. Lot 3, McGrady Acres sits vacant and previously housed a tree farm business for a number of years. Lot 3 borders a pocket park and Eaglebend residential to the west, Post Boulevard to the east, and the Union Pacific Railroad to the north. The property was annexed in 2001 and designated with Neighborhood Commercial (NC) zoning. This was also when Post Boulevard (aka “Highway 6 Connector” during annexation) road was constructed and any remnants of Utility and Easement parcels connecting Eaglebend Drive and Post Boulevard were extinguished. NC zoning Page 2 of 11 allows for retail, mixed-use, and multi-family townhouse residential. Multi-family is defined by the Avon Development Code as including structures with three (3) or more units. PROCESS: Section 7.16.070 of the Avon Municipal Code, Subdivisions, governs the review of this land use application. As mentioned, the Application is considered a Major Subdivision. Major Subdivisions include any new subdivision where four (4) or more parcels are being created. A public hearing with PZC and another public hearing with Town Council is required before action. PUBLIC NOTIFICATION: Notice of the public hearings for Major Development Plan and Preliminary Subdivisions was published in the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notification is required for this subdivision for all property owners listed within 300’ of the Property. Written public comments from the PZC and Town Council meetings is attached (“Attachment E”) to this report for Council review and consideration. REVIEW CRITERIA: § 7.16.070(e), Preliminary Plan Review Criteria: (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Page 3 of 11 Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; Staff Response: The proposed subdivision complies with use, density and applicable design standards. The Neighborhood Commercial (NC) zoning and Table of Allowed Uses permit residential and commercial land uses; however, no commercial uses are proposed. Pursuant to the Mobility and Connectivity code requirements, a bus pull-out must be constructed as part of this project. The subdivision plat indicates that a small portion of the public property will be necessary to accommodate the realigned sidewalk on Post Boulevard where the stop will be provided. Bus Stop on Post Blvd The plans were updated since the first Council meeting to include a platted pedestrian access easement following 4’ sidewalks through the project and connecting to Post Boulevard’s 8’ sidewalk. This sidewalk system was always indicated on the drawings, however, platting legal access through the project is now shown on the Preliminary Plat drawings as proposed by the Applicant is highlighted in yellow below. Page 4 of 11 While this pedestrian plan is sufficient, it may create potential conflicts between property owners and public in this location due to proximity (the path is immediate to decks and backyard activities) and snow storage issues, as there are no designated areas for clearing this pathway. As such, Staff proposes the following alternative layout: (2) The subdivision application shall comply with the purposes of this Development Code; Staff Response: The application generally complies with the applicable purposes outlined in the Development Code. Purpose (l) states, “Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment”. Additionally, the development plans call for a combination of water quality vaults and native landscaping between structures and the river corridor. This promotes Purpose (j): Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources.” Staff also suggests creating an open space or Stream Protection easement to ensure the Eagle River and streambank is protected, with potential fisher access to this area of the river designed and maintained by the Town of Avon. (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; Staff Response: The Avon Comprehensive Plan’s Future Land Use Map designates the property with Neighborhood Commercial (NC) land use. While the proposed development and subdivision are in line with this designation, in solely implementing residential uses sales -tax generating opportunities are removed. Fortunately, other benefits exist with this development. In particular, new pedestrian connections from Eaglebend to a new bus stop, as well as park monies to improve the existing Town -owned playground that Page 5 of 11 lies between Eaglebend and this development. Importantly, one other asset exists with this development: its location to the Eagle River. The Avon Comprehensive Plan lists improvements on the river corridor as a highlighted opportunity throughout Town. With the application of the riverside stream easement that is dedicated to the Town of Avon (as suggested by Staff), potential streamside enhancements and/or public recreational opportunities may be the result. Specifically, the easement will support the following Avon Comprehensive Plan stated goals: • Improve connections between Avon’s Town Center District and the Eagle River; • Promote recreational and mobility options to and from Avon with the regional trail through Avon along the Eagle River The proposal has been updated and now includes the dedication of two (2) tracts of land as part of meeting the Park Land Dedication requirements (as discussed in more detail below) as well. The upper, more narrow area of land is located adjacent to and contiguous with the Eaglebend pocket park, thereby offering possible extensions of the park by creating a natural place for play. The lower landscape buffer connects the Eaglebend cul-de-sac with the Eagle River. The narrow width of the land connecting to the river, coupled with steep existing topography, would make a connection to the river extremely difficult if not impossible for general access. However, in obtaining an easement that runs from Post Blvd and along the property adjacent to the stream within the river corridor, would create a benefit for this development. The Avon Comprehensive Plan includes Policy G.1.2, to: Policy G.1.2: Maintain the Eagle River as a valued resource in accordance with the most recent Eagle River Watershed Plan. While the land adjacent to the river is inherently protected from development (i.e. river setbacks, no improvements proposed in the steep slope between buildings and river) incorporating an easement with the approved Development Plan, provides river frontage to the Town. This easement could be considered as part of the Park Land Dedication. This is an important consideration as the most recent Eagle River Watershed Plan strives for a balance between land use, water recreation, and micro and macro invertebrate health strategies. Having a streamside easement offers the ability to incorporate or install native vegetation along the banks of the Eagle River to strengthen the river health along to this small stretch of river. Implementing limited foot access with added riparian plantings would be a positive improvement executed by the Town. (4) The land shall be physically suitable for the proposed development or subdivision; Staff Response: The land is physically suitable for the proposed development. No hazardous soils or other environmental concerns have been raised. The developable portion of the lot is maximized with the proposed site layout. (5) The proposed subdivision shall be compatible with surrounding land uses; Staff Response: The proposed subdivision is compatible with surrounding residential land uses and was zoned Neighborhood Commercial (NC) in 2001 based upon compliance with the Avon Comprehensive Plan. Page 6 of 11 (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; Staff Response: Water was not dedicated when the property was annexed into the Town. This property is included in the existing water lease agreement with the Upper Eagle River Water Authority and a formal ability to serve letter would be a requirement of Final Plat. Our Town records for water accounting show that we have 12.6 SFE of water allocated to the Property. Water and sewer lines run directly through the property and the owner will need to enter into agreement(s) with the water district for tie-ins. Holy Cross Electric serves the property and has reviewed the plans. The property is within Eagle River Fire Protection District (ERFPD) and the plans have been reviewed by the Fire Marshall and meets their requirements for service and accessibility. Referral comments from ERFPD are attached (“Attachment F”). The acceptability of fire truck and passenger vehicle turnaround is demonstrated with the attached (“Attachment G”) auto turn analysis. (7) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan; Staff Response: The utility plans are far along in the design process. The project engineer has been coordinating closely with the Town Engineer and Eagle River Water and Sanitation (ERWSD) District. Final signoff from ERWSD will be required at the time of Final Subdivision. This is provided in staff’s recommended conditions for approval. (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; Staff Response: There are no concerns with sizing for project utilities. (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; Staff Response: The character of the area is mixed: single-family residential, duplex residential, multi- family residential, regional highway, regional commercial, and an educationally zoned parcel across the railroad tracks. This subdivision was reviewed by the Planning and Zoning Commission and found to be compatible with the character of the area. (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; Staff Response: Not applicable. (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision; Staff Response: All applicable utility companies have reviewed initial development plans and will provide capacity to serve letters before final subdivision. Page 7 of 11 (12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code; Staff Response: The layout of infrastructure and facilities is logical and minimizes land disturbance to the extent possible. Open space buffers are included on the west and south sides of the project based upon topography and easement areas. Riparian areas adjacent to the Eagle River remain intact with the approved development plan coupled with the execution of the recommended stream/open space easement. Water quality concerns are alleviated by introducing hydrodaynamic separator vaults to maintain clean water entering the adjacent Eagle River environment. The Preliminary Drainage Study validates water quality maintenance based on expected stormflows and the area development. Maintenance of the water quality infrastructure must be specifically called out in a Subdivision Improvements Agreement. Please find the Preliminary Drainage Report Attached (“Attachment H”) for review. (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; Staff Response: The utility plans tie new infrastructure into the adjacent/existing sewer system. The water district continues to work with the applicant on final location and design approval. (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; Staff Response: All development is limited to the flatter portion of the property, well above the riparian corridor and steeper slopes leading to the Eagle River. A soils report will be required at building permit review to determine if any special soil conditions exist on the property warranting heightened precautions. (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; Staff Response: A Public Improvements Agreement is required at Final Subdivision. The PIA will address responsibilities during construction and after final acceptance. I am recommending that this be part of a conditional approval to be provided at Final Subdivision application. (16) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and Staff Response: This determination will be made at Final Subdivision. Commonly owned and maintained areas are indicated on the plat. Details of easements, dedications, and an acceptable Public Improvement Page 8 of 11 Agreement must be approved. (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. Staff Response: No phasing is contemplated. All roads and utilities must be completed at the project outset, regardless of timing for individual buildings. This will be reflected in Public Improvements Agreement at Final Subdivision. PARK LAND DEDICATION REQUIREMENTS - §7.32.090 The Park Land Dedication Requirements were put into the Avon Municipal Code in 2010 at the time the Development Code was created. The requirements have been used infrequently as no preliminary (or final) subdivisions have been processed for a multi-family project that did not already possess vested property rights. For example, the Riverfront and Basecamp developments provided park land at the time of PUD zoning. The most recent sizeable development, Frontgate, has not submitted for subdivision ; however, the upper 15+ acres of that development has been earmarked and contemplated for open space purposes and trail(s), as demonstrated with a recent design modification application received in February. The purpose of the Park Land Dedication section is to “regulate the development, preservation and maintenance of parks, open space and trails throughout Avon. Parks, open space and trail regulations are intended to preserve natural areas and resources, preserve scenic views, provide access to open areas and recreational opportunities, create public health benefits and generally enhance the quality of life for Avon residents. Particular emphasis should be placed on providing a diversity of parks, trails and open space opportunities that serve residents of all ages and abilities and that are accessible from a variety of locations within the community”. Unfortunately, the dedication of river frontage contiguous with other Town river tracts is not supported in whole by the guidelines for Park Land Dedication outlined in Avon Municipal Code Section 7.32.090(e). It suggests that at least 50% of the land be level with suitably convenient access. The codified guidelines for determining the amount of land to be dedicated is: 8.2 acres x (Number of Units: 24) x (Persons Per Unit: 2.9) / 1,000 = .57 acres. Alternative to land dedication, the Town Council may determine that the dedication of land for park purposes is not necessary or not practical and instead require cash in lieu of land dedication to be used for capital expenditures related to existing parks in the area or purchase of additional property for park purposes. The applicant requests (“Attachment I”) consideration by Town Council of two dedicated parcels and the remaining dedication to be provided as cash in lieu. Park Improvements Staff has identified the Eaglebend Pocket Park as a candidate for several improvements, including a raw water irrigation system, fencing the property line bordering the railroad tracks, updated signage, re-investment into both softscape and hardscape landscaping, and additional seating areas. The park would be connected to the development property by footpath as proposed by Staff. Page 9 of 11 Eagle County Assessor’s department staff assisted with a comprehensive property records search whereby all vacant land sales between between Edwards and Eagle-Vail were queried for the past 3 years. Similar to the analysis provided in Public Comments (“Attachment E”), the outliers in mountain communities (i.e. Cordillera, Mountain Star, Bachelor’s Gulch) were removed. Removing all of the outliers from the report dropped the total results form 199 total land sales down to eighteen (18), with an average sale price of $24,60 per foot. That sales history is provided below for review. Staff supports this price per foot for any payment - in-lieu of Park Land Dedication as part of this application. It i ncludes the purchase price of the Applicant’s property, and is also included as part of the Applicant’s written request. Summary: It is reasonable to believe that purchasing additional usable park land in the area with the proposed funds would be difficult if not impossible. Cash In Lieu would improve nearby public properties such as the Eaglebend pocket-park, which is in need of improvement. During PZC review of the development plan and subdivision, Staff recommended consideration of expanding the footprint of the Eaglebend pocket-park and/or dedicating the river frontage. Parts of these recommendations are now included in the attached, updated Preliminary Plat for Subdivision. In creating dedicated parcels and easements for these areas and improvements, it will reserve these spaces in perpetuity thus benefitting new and existing residents in this area. See the attached (“Attachment K”) version of Staff’s recommended plat drawing. Page 10 of 11 OPTIONS: Council has multiple options with respect to this application. Staff recommends consideration of Option A with conditional approval. A. Approval, with reflecting conditions (APPLICANT PROPOSED): 1. Ability to Serve from ERWSD, and final utility verifications. 2. Public Improvements Agreement. 3. Evidence of Homeowners Association creation and ongoing maintenance responsibilities. 4. Two deeded landscape/buffer/park parcels totaling not less than 11,252 square feet. 5. Cash in lieu Park Land Dedication payment in the amount of $334,000. 6. Platted Pedestrian Easements connecting Eaglebend Drive with Post Boulevard, with language approved by the Town Attorney. B. Approval, with Alternate Conditions Requiring an additional river frontage easement, two deeded land parcels, and dedicated park payment for remainder (STAFF PROPOSED – See “Attachment K”): 1. Ability to Serve from ERWSD, and final utility verifications. 2. Public Improvements Agreement. 3. Evidence of Homeowners Association creation and ongoing maintenance responsibilities. 4. Two deeded landscape/buffer/park parcels totaling not less than 11,252 square feet. 7. Cash in lieu Park Land Dedication payment in the amount of $334,000. 5. Platted Pedestrian Easements connecting Eaglebend Drive with Post Boulevard, with language approved by the Town Attorney – as shown in attached (“drawing. 6. Stream protection/enhancement easement dedicated to the Town. C. Continue for up to forty-five (45) additional days, requesting additional information. D. Deny based on conflicts with Review Criteria Thank you, Matt Page 11 of 11 ATTACHMENTS: A - Letter from Applicant B – Conceptual Preliminary Subdivision C – Resolution 22-01 D – PZC Record of Decision E – Public Comments F – Utility Verifications, Including ERFPD Comments G – Auto turn Analysis H - Preliminary Drainage Report I – River slope Analysis J – Perspective 3-D from Eaglebend Drive K – Staff Proposed Preliminary Plat Attachment A Attachment A 3" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 3" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 4" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 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0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 4" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " 6" / 1 ' - 0 " R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 R- 1 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " 8" / 1 ' - 0 " R- 1 R- 1 R- 1 R- 1 R- 1 Attachment B Res 22-01- Preliminary Subdivision – McGrady Acres Page 1 of 2 RESOLUTION 22-01 APPROVING A PRELIMINARY SUBDIVISION APPLICATION FOR LOT 3 AND LOT 6, MCGRADY ACRES SUBDIVISION WHEREAS, Eagle River Homes, LLC, owner of property described as Lot 3 and Lot 6, McGrady Acres Subdivision, submitted a Preliminary (Major) Subdivision application (“Application”) to subdivide the property into twenty-four (24) new lots and associated comment elements; and WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major Subdivision, requiring a preliminary and final plat review pursuant to Avon Municipal Code section 7.16.070(c); and WHEREAS, the Avon Planning and Zoning Commission held Public Hearings for the Application on the December 7, 2021 and December 21, 2021, and adopted written findings of fact and a record of decision on January 18, 2022, recommending conditional approval of the Application; and WHEREAS, Eagle River Homes, LLC has proposed land dedications and cash in lieu of land dedication for portions of the Park Land Dedication requirements, as permitted by Avon Municipal Code section 7.32.090; and WHEREAS, the Town Council finds that the providing land, easement, and payment in lieu to fully satisfy the requirements of Avon Municipal Code section 7.32.090, Park Land Dedication; and WHEREAS, the Avon Town Council held public hearings on February 8, 2022 and March 8, 2022, 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 Preliminary (Major) Final Plat, and found the Application in general 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 Application for Lot 3 and Lot 6, McGrady Acres Subdivision, conditional upon the following information being provided at Final Subdivision submittal: 1. Ability to Serve from ERWSD, and final utility verifications. 2. Public Improvements Agreement. 3. Evidence of Homeowners Association creation and ongoing maintenance Attachment C Res 22-01- Preliminary Subdivision – McGrady Acres Page 2 of 2 responsibilities. 4. Two deeded landscape/buffer/park parcels totaling not less than 11,252 square feet. 5. Cash in lieu Park Land Dedication payment in the amount of $334,000. 6. Platted Pedestrian Easements connecting Eaglebend Drive with Post Boulevard, with language approved by the Town Attorney. 7. Stream protection/enhancement easement dedicated to the Town. ADOPTED this 8th day of March 2022. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk Attachment C PZC Record of Decision: SUB21006 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARINGS: December 7 & December 21, 2021 TYPE OF APPLICATION: Preliminary Subdivision (Major) PROPERTY LOCATION: 86 & 95 Post Boulevard FILE NUMBER: SUB21006 APPLICANT: Eagle River Homes, LLC This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION: Recommendation for Approval to Avon Town Council. FINDINGS: 1. The proposed application was reviewed pursuant to Avon Development Code §7.16.070, Subdivisions, and the application is in conformance with the applicable review criteria; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. Public notification requirements have been met, and the Public Hearing with PZC on December 7, 2021 meets requirements of the Avon Development Code; and 6. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; CONDITIONS: 1. Ability to Serve from ERWSD and final utility verifications must be included with Final Subdivision. 2. Public Improvements Agreement will be provided at Final Subdivision. 3. Evidence of Homeowners Association creation and ongoing maintenance responsibilities will be demonstrated at Final Subdivision. 4. Park land dedication requirements will be approved by Town Council. 5. Easement for realigned sidewalk must be incorporated with Final Subdivision. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson 1/18/2022 Attachment D Attachment E Attachment E Attachment E To: Town of Avon Planning and Zoning Commission From: Bette Todd December 7, 2021 Dear Commissioners: The McGrady Acres Development Plan and site plan that you will consider tonight contain issues that deserve further study to determine the development’s potential impact on the residents of Eaglebend Drive. I respectfully request a continuation of this matter, preferably to January, to give area residents time to provide meaningful input to the developer and the commission. I am supportive of the concept of townhomes on the site provided the development and site design are created to minimize future impacts to the Eaglebend community. Some of the issues that might bear study are: 1) Landscaping plans for the west side of the site. Are the western most buildings set back sufficiently from the property line to allow for onsite landscaping that will buffer the view of the buildings from Eaglebend Drive? These buildings will replace our views of Vail and Game Creek Bowl so trees would be nice. The site also appears to be primarily buildings, concrete driveways, and roadway. Will there be internal landscaping to make the development attractive? 2) Fence at east end of Eaglebend Drive. What is the plan for the fence that currently separates the Eaglebend Drive cul-de-sac from the subject site. Who will own the fence? 3) Emergency access. There appears to be more than one proposal for emergency access or egress. One plan has the potential to impact all of Eaglebend Drive. 4) Park: Will there be access to from this new development to the small open space and play equipment on Eaglebend Drive? If so what does that plan look like? 5) Roadways and driveways. The overall site looks very tight. The driveways appear short. Will there be on street parking? Is there sufficient room for moving vans, delivery trucks, trash trucks, for turn around? It would not be desirable for insufficient site planning to make roadway connection to Eaglebend Drive imperative in the future. There appears to be a road on the site plan that terminates abruptly at the property line????? A few residents of the east end of Eaglebend Drive apparently received notice of the meeting and development plan. Most residents of Eaglebend Drive remain unaware of the development proposal. We live one house west of the homes noticed and only became aware of the plan when I happened to read the P & Z agenda this weekend. We are In Hawaii this week so will not be able to attend the meeting. Some time to evaluate this development proposal so we can work cooperatively with the Town and the landowner to get this right and make development of this site an asset for all would be appreciated Respectfully, Bette Todd 4920 Eaglebend Drive Avon, Co 81620 Attachment E 1 Matt Pielsticker Subject:FW: Townhomes Hi Matt, Sorry for not being prepared for the P&Z meeting, lots going on. Now that I've had a chance to review the plan I have some major concerns. Like I said I'm ok with the townhomes, that's not the issue. Most problems stem from too much development on too small a space. I'll bullet point the major issues, no particular order of importance. 1. Do the storm drains have filters to keep contaminants out of the river? If they have filters who maintains them. 2. About the wall behind Building1, I see lots of problems with egress and drainage. How will the residents get out of their homes in an emergency? Does the railroad have an opinion on digging into the slope like that and possibly weakening the integrity of the bank? When, or if, the trains run again the vibrations they create could cause problems, especially in wet weather. Is that wall engineered? There is no provision back there for drainage coming off the tracks and buildings. 3. There is no open space to speak of. I'm personally concerned about where will the residents walk their dogs? If they all go behind Building 6 those folks won't be happy. If they find their way up to the park. we won't be happy, (I'm sure they won't all pick up their poop) that's a lot of units very close to the park. The consensus around here is solid fence would be best. 4. The driveways seem too short, your average pick‐up is 18‐20 feet long and I envision them sticking out into the street, even if they bump right up to their garage doors, which they won't. I see parking as an issue all over the development 5. About the massing and rooflines, I feel the mansard roofs are a clumsy way to disguise a box, sorry to be so abrupt but that's basically what's going on. Boxes are a good way to enclose space but not to create pleasing shapes. 6. Landscaping is pretty sparse. Seems to me there was an impervious surface limit on residential applications, is one applicable here? That's a lot of driveways (short ones), roads and roofs. Thanks for listening to my concerns. I would appreciate your passing this along to the Planning Commission, Town Council and the developers. Buz Didier 5010 Eaglebend Dr. Attachment E Attachment E Attachment E December 21,2021 To: Town of Avon Planning and Zoning Commission Andrea McMillen Applicant/Developer Warner Hopkins, Tab Associates Greg Macik, Tab Associates Matt Wadley, Alpine Engineering From: Bette Todd, Reisdent Eaglebend Drive Dear Commissioners and McGrady Acres Development Team, I had planned to come to the meeting tonight and speak, but with the change in the meeting to zoom I am submitting a written statement to make communication between parties a bit easier on all. The efforts on the part of the McGrady Acres development team to cooperate with the Town in bringing forward a quality development are appreciated by residents. The issue of the current wood style fence at the end of Eaglebend Drive remains an issue of great concern, not only to me, but to many of my neighbors. The updated plan under consideration tonight shows a 3’ split rail fence proposed to replace the wood fence that currently separates the communities. The current style wood fence serves several purposes that a split rail fence will not achieve. 1) The wood fence limits the visual impact of the new development on Eaglebend Drive. While our views to the mountains may be lost to buildings, at least the wood fence partially blocks the lower areas and mass of the buildings from view. 2) The wood fence also blocks the view of concrete driveways, parked vehicles, a parking area, snow storage, lights from vehicles and noise. 3) The higher wood fence is not easily hopped over by children or loose dogs and serves as a deterrent to children to exit their respective neighborhoods. 4) The wood fence makes the connection from Eaglebend Drive to Post Boulevard through McGrady Acres less evident to strangers coming off Post Boulevard. Access to the pocket park can be achieved with a gate or opening in any type of fence. A split rail fence is not necessary to provide connectivity between the neighborhoods. I suspect we will all become well acquainted on our daily walks and outings. Eaglebend Drive is a beautiful tree lined street with a mix of single family homes and duplexes. It is a dead-end street without curbs or sidewalks, has a drainage ditch on one side and utility easements on the other. It is not heavily trafficked. We enjoy beautiful views to the east of mountains and Vail ski slopes from our yards, decks and street which will almost entirely go away with the development of Mc Grady Acres. To the degree possible, other impacts of the new development on residents of Eaglebend Drive should be mitigated. The fence and screening are important to us, as is a pedestrian connection that discourages and limits fast bicycle or ebike traffic through both communities. Attachment E The developer has suggested the possibility of a metal fence along the west fence line built of similar materials being used on the railings throughout the project. Personally, I believe that would be preferable to the split rail fence if it can be adequately landscaped to provide visual screening of the project from Eaglebend Drive. Visual screening with trees would also protect homes in McGrady Acres from headlights driving east on Eaglebend Drive. A higher fence makes the connection less obvious to strangers. While the current style wood fence would be preferrable as it provides the most protection to Eaglebend Drive, a metal fence with heavy tree plantings would upgrade the appearance of both neighborhoods and enhance the mountain feel. The current plans, show a great deal of snow storage on the west end of the property with a few low bushes and trees. The trees along the west fence line need to be increased regardless of which fence is approved. Please consider the impacts of the new development on the current residents of Eaglebend Drive and do not approve a split-rail fence that does little to mitigate development impacts on our community or improve the quality of our neighborhood. Respectfully, Bette Todd 4920 Eaglebend Drive Avon, CO 81620 Attachment E Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Floral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / 08 03 2021 Attachment F Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1.Utility locations must be obtained before digging. 2.A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3.It is the responsibility of the utility company and the applicant to resolve problems identified above. 4.The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Foral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / Todd Foral 08 03 2021 Attachment F Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1.Utility locations must be obtained before digging. 2.A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3.It is the responsibility of the utility company and the applicant to resolve problems identified above. 4.The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Floral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / 08/13/21 Attachment F Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Foral tforal@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / Attachment F Inspection Type:Plan Review Inspection Date:11/3/2021 By:Woodworth, Mick (0019) Time In:16:06 Time Out:16:12 Authorized Date:11/03/2021 By:Woodworth, Mick (0019) Occupancy:MCGRADY ACRES MASTER Occupancy ID: 210307314012-1 Address:86 POST BLVD AVON CO 81620 Additional Time Spent on Inspection: Category Start Date / Time End Date / Time No Additional time recordedNotes: Total Additional Time: 0 minutes Total Time: 6 minutes Inspection Time: 6 minutes Inspection Topics: Summary: Overall Result:Complete Inspector Notes: Eagle River Fire Protection District Form: Plan Review Inspection PLAN REVIEW COMMENTS: THE FOLLOWING ITEMS WERE NOTED DURING THE FIRE DEPARTMENT PLAN REVIEW: Status: COMPLETE Notes: Plan review for McGrady Acres site plan submitted by Avon 11/2/2021. 1) The subdivision shall have a fire apparatus area to turn apparatus around, or the subdivision can meet the turn around by developing an emergency apparatus access to the cul-de-sac on Eagle Bend Drive. 2) I understand that the structures will be R-3 primary occupancies. If occupancy is changed by owner, the occupancy use shall be changed to meet the use. If used for short term rental, this qualifies as R-2 occupancy and fire sprinklers will be required. ITEMS noted and any corrections required. Inspection Description: ** PLAN REVIEW LETTER - PLEASE READ THE FOLLOWING CAREFULLY ** The submitted plans have been REVIEWED by Eagle River Fire Protection District and the comments identified below. The issuance of a permit for this project is based on the plans submitted and compliance with the applicable codes. Conditions found, or other data collected or submitted, shall not prevent the fire official from requiring correction of errors found during fire / life safety inspections. Page 1 of 2Printed on 11/03/21 at 16:13:02 Attachment F Inspector: Name: Woodworth, Mick Rank: Fire Marshal Work Phone(s): 970-736-5064 Email(s): mwoodworth@eagleriverfire.org Signature Date Page 2 of 2Printed on 11/03/21 at 16:13:02 Attachment F 1 1 / 2 " LEGENDLEGEND TAB The Architectural Balance 0056 Edwards Village Blvd. Suite 210 Edwards, CO 8132 fax: (970) 766-1471 email: tab@vail.net www.tabassociates.com (970) 766-1470 Civil Engineer Structural Engineer Mechanical Engineer Electrical Engineer Revisions: Issue Dates: Sheet Title: Project No: Sheet No: Associates Alpine Engineering 970-926-3373 xx MC G R A D Y A C R E S 86 P o s t B o u l e v a r d Av o n , C O , 8 1 6 2 0 No Description Date ENGINEERING INC. 34510 HWY 6 I UNIT A9 I PO BOX 97 EDWARDS CO 81632 I 970.926.3373WWW.ALPINECIVIL.COM 07/30/21 - MDP 12/15/21 - resubmital C1.3 Vehicle Turning O: \ A v o n \ M c G r a d y A c r e s - 2 0 2 1 \ d w g \ M a s t e r \ A u t o t u r n - M c G r a d y . d w g , 1 2 / 1 5 / 2 0 2 1 8 : 2 4 : 2 6 A M , A u t o C A D P D F ( H i g h Q u a l i t y P r i n t ) . p c 3 Attachment G LEGENDLEGEND 1 1 / 2 " TAB The Architectural Balance 0056 Edwards Village Blvd. Suite 210 Edwards, CO 8132 fax: (970) 766-1471 email: tab@vail.net www.tabassociates.com (970) 766-1470 Civil Engineer Structural Engineer Mechanical Engineer Electrical Engineer Revisions: Issue Dates: Sheet Title: Project No: Sheet No: Associates Alpine Engineering 970-926-3373 xx MC G R A D Y A C R E S 86 P o s t B o u l e v a r d Av o n , C O , 8 1 6 2 0 No Description Date ENGINEERING INC. 34510 HWY 6 I UNIT A9 I PO BOX 97 EDWARDS CO 81632 I 970.926.3373WWW.ALPINECIVIL.COM 07/30/21 - MDP 12/15/21 - resubmital C1.3 Vehicle Turning O: \ A v o n \ M c G r a d y A c r e s - 2 0 2 1 \ d w g \ M a s t e r \ A u t o t u r n - M c G r a d y . d w g , W e d F e b 9 1 5 : 0 2 : 3 7 2 0 2 2 , A u t o C A D P D F ( H i g h Q u a l i t y P r i n t ) . p c 3 Attachment G PRELIMINARY DRAINAGE REPORT ______________________________________ MCGRADY ACRES 86 POST BLVD AVON, COLORADO ______________________________________ AUGUST 2021 Attachment H PRELIMINARY DRAINAGE REPORT ______________________________________ MCGRADY ACRES 86 POST BLVD AVON, COLORADO ______________________________________ AUGUST 2021 Prepared for: - - Prepared by: Alpine Engineering, Inc. P.O. Box 97 Edwards, Co 81632 (970) 926-3373 Attachment H August 2021 Preliminary Drainage Report for McGrady Acres i TABLE OF CONTENTS I. Introduction ................................................................................................................1 II. Drainage Basins .........................................................................................................1 III. Hydrologic Criteria ....................................................................................................1 IV. Detention and Water Quality .....................................................................................2 V. Floodplain ..................................................................................................................2 VI. Sediment and Erosion Control ...................................................................................2 VII. Conclusion .................................................................................................................3 VIII. Exhibit A – Summary of Developed Flows IX. Appendices: Appendix A – Town of Avon – Rainfall Intensity-Duration Curve Appendix B – UDFCD Recommended Runoff Coefficients Appendix C – Manning’s Equation Calculator for Pipe Capacity X. Maps: Sheet DAM – Drainage Area Map, , 1” = 30’ Attachment H August 2021 Preliminary Drainage Report for McGrady Acres 1 I. INTRODUCTION The proposed McGrady Acres development is located at 86 Post Blvd. in the Town of Avon, Colorado. The site is north of and adjacent to the Eagle River near Highway 6 approximately one-third of a mile south of Interstate 70. It is currently grass, pavement and has a few trees and existing buildings. Proposed for the site are townhomes and associated parking on approximately 3.35 acres on Lot 3 and Lot 6 McGrady Acres. Historic drainage patterns will be generally maintained, and stormwater runoff will be directed into water quality vaults for water quality treatment. Runoff flows to the Eagle River. II. DRAINAGE BASINS Drainage basins to each inlet have been delineated on the Drainage Area Map (Sheet DAM in the map section of this report). There is no significant drainage area entering the site from offsite. III. HYDROLOGIC CRITERIA The Rational Method was used to calculate flows to determine pipe sizes. The Town of Avon IDF curve was used to determine the 25-year and 100-year rainfall intensities. A copy of the IDF curve may be found in Appendix A. The time of concentration (Tc) path was short so a minimum 10-minute Tc was used in all calculations. Runoff coefficients were taken from the Denver Urban Drainage and Flood Control District (UDFCD) recommended runoff coefficients Table 3-1 for multi-family attached units. Table 3-1 may be found in Appendix B. Manning’s Equation results showing that a 12” HDPE at 2.0% slope has a capacity of 6.5 cfs are included in Appendix C to verify that 12” HDPE pipe was adequate for storm sewer flows for the major Attachment H August 2021 Preliminary Drainage Report for McGrady Acres 2 (100-year) storm. A summary of the Rational Method results and the calculations may be found in Exhibit A. IV. DETENTION AND WATER QUALITY The site is directly adjacent to the Eagle River and the increase in flow from the site will not have an impact on the much larger Eagle River flow. Therefore, detention is not recommended for the site. Water quality treatment will be provided by hydrodynamic separator water quality vaults. V. FLOODPLAIN The floodplain delineation has been shown on the topographic survey by others and is between 20 and 30 feet vertically below the site and will not be impacted by the proposed development. VI. SEDIMENT AND EROSION CONTROL An erosion and sediment control plan has been prepared for the project to limit the transportation of sediments from the site during construction. Devices that may be used during construction to prevent sediment-laden runoff from leaving the site include stabilized construction entrances, wattles, silt fence, straw bales and sediment traps. All ditches, cut slopes, fill slopes and disturbed areas are proposed to be revegetated. A Colorado Department of Public Health and Environment (CDPHE) NPDES Stormwater Discharge Associated with Construction Activity permit will be obtained for the site. A Stormwater Management/Best Management Practices (SWMP) plan and permit application will be prepared for the development. Attachment H August 2021 Preliminary Drainage Report for McGrady Acres 3 VIII. CONCLUSION The Rational Method has been utilized for pipe sizing. Storm sewer pipes are adequate for the major storm. Detention of stormwater is not recommended since the peak flow from the site will be gone by the time the peak flow from the Eagle River reaches the banks of the site. The flow from the Eagle River will be much greater than the flow from the site so the runoff from the site will not impact the floodplain of the Eagle River. Hydrodynamic separator water quality vaults will provide water quality treatment of stormwater. Attachment H Exhibit A Summary of Developed Flows Attachment H BASIN AREA C25 I25 Q25 C100 I100 Q100 (acres)(cfs)(cfs) 3 0.05 0.75 3.25 0.12 0.80 4.35 0.17 4 0.29 0.75 3.25 0.71 0.80 4.35 1.01 TOTAL 0.34 0.83 1.18 8 0.01 0.75 3.25 0.02 0.80 4.35 0.03 10 0.46 0.75 3.25 1.12 0.80 4.35 1.60 11 0.04 0.75 3.25 0.10 0.80 4.35 0.14 13 0.21 0.75 3.25 0.51 0.80 4.35 0.73 14 0.01 0.75 3.25 0.02 0.80 4.35 0.03 15 0.76 0.75 3.25 1.85 0.80 4.35 2.64 Total 1.49 3.63 5.19 Storm Sewer McGrady Acres RATIONAL METHOD SUMMARY Q = C * I * A O:\Avon\McGrady Acres- 2021\dwg\Drainage\Rational\McGrady-Rational.xls Q (2) 8/18/2021 Attachment H APPENDIX A Town of Avon – Rainfall Intensity-Duration Curve Attachment H Town of Avon Residential, Commercial, and Industrial Design Review Guidelines Page 62 Adopted November 6, 2001 Attachment H APPENDIX B UDFCD Recommended Runoff Coefficients Attachment H Attachment H APPENDIX C Manning’s Equation Calculator for Pipe Capacity Attachment H 8/18/2021 Free Online Manning Pipe Flow Calculator www.hawsedc.com/engcalcs/Manning-Pipe-Flow.php 1/1 Manning Formula Uniform Pipe Flow at Given Slope and Depth Check out our spreadsheet version of this calculator Download Spreadsheet Open Google Sheets version View All Spreadsheets Printable Title Printable Subtitle Inputs Pipe diameter, d 12 in Manning roughness, n .01 Pressure slope (possibly ? equal to pipe slope), S .02 rise/run Percent of (or ratio to) full depth (100% or 1 if flowing full)1 fraction Results Flow, Q (See notes)6.5495 cfs Velocity, v 8.3393 ft/sec Velocity head, h 1.0808 ft H2O Flow area 0.7854 ft^2 Wetted perimeter 3.1416 ft Hydraulic radius 0.2500 ft Top width, T 0.0000 ft Froude number, F 0.00 Shear stress (tractive force), tau 0.3121 psf Notes: This is the flow and depth inside the pipe. Getting the flow into the pipe may require significantly higher headwater depth. Add at least 1.5 times the velocity head to get the headwater depth or see my 2-minute tutorial for standard culvert headwater calculations using HY-8. 0 0 v Attachment H MAP Attachment H Attachment H Attachment I Attachment I Attachment I Attachment J Attachment J ADA Compliant Path to connect to playground through Land- scape Buffer Parcel Landscape Buffer Parcel Town Open Space Easement Bus Stop Easement Attachment K 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: Employee Housing Mitigation for McGrady Acres DATE: March 1, 2022 SUMMARY: The Planning and Zoning Commission approved a Major Development Plan for a twenty -four (24) unit townhome project in McGrady Acres Subdivision on December 21, 2021. The approval was contingent upon approval of a Preliminary Subdivision and Employee Housing Mitigation Plan by the Town Council. The property owner proposes (“Attachment A”) to purchase a 1-bedroom unit of 750+ square feet in size to meet the Employee Housing Mitigation requirements. As proposed, the to-be-determined unit would be purchased by the Applicant prior to the first temporary certificate of occupancy for the project after Town Council reviews the unit. Alternatively, the Town Council could delegate approval of the chosen unit and Deed Restriction agreement to Staff as outlined below. REQUIREMENTS: The Employee Housing Mitigation requirements apply to new multi-family projects that contain 3 or more units. Based on the mitigation formula, this development must mitigate for 1.3 employees. The following options for Employee Housing Mitigation are outlined in order of preference: (1) Construction of Employee Housing Mitigation unit(s) on the site on which the development is proposed. (2) Construction of deed restricted Employee Housing Mitigation unit(s) within the Town, provided such land, site or structure has not been previously deed-restricted to employee or affordable housing by any party. (3) Construction of Employee Housing Mitigation unit(s) outside the Town but within the Eagle Valley, provided such land, site or structure has not been previously deed-restricted to employee or affordable housing by any party. Prior to construction of such unit(s), consent of the relevant jurisdiction or homeowner's association (if required) to placement of a deed restriction on the unit(s) must be obtained, in addition to any required land use approvals. Units outside of the Town must be within the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, within the Up or Mid Valley, as defined by the Eagle River Valley Housing Needs and Solutions plan. Units constructed shall be valued at .75 of the applicable required Employee Mitigation rate. (4) Deed restricting existing free market unit(s) within the Town or the Eagle Valley. (5) Fees-in-lieu, as defined by Town Council resolution and updated every two years, may be provided only for any fractional remainder of the Employee Mitigation requirement generated under this Section totaling less than 1.0 employee. PROCESS: The Town Council approves, approves with conditions, or denies all Employee Housing Mitigation plans. COUNCIL OPTIONS: - Approve the mitigation plan [1 bdrm or larger, 750 sq. ft. or larger, in Avon] and delegate final approval of unit and deed restriction to Staff, or - *Approve the plan which is contingent upon Town Council’s review of specific unit, prior to Temporary Certificate of Occupancy; or - Request more information and Continue action to a future meeting date; or - Deny the proposal by motion and vote. Page 2 of 2 *RECOMMENDATION: My recommendation is to approve the Employee Housing Mitigation Plan for McGrady Acres, with the following conditions: 1. Avon Town Council must approve unit in Avon of not less than 750 square feet and not less than 1 bedroom in size; 2. Town Attorney to approve deed restriction agreement, consistent with MiCasa form agreement; 3. Unit and Deed restriction will be approved, and Deed Restriction recorded prior to the certificate of occupancy or temporary certificate of occupancy, whichever is earlier. RECOMMENDED MOTION: “I move to conditionally approve the Employee Housing Mitigation Plan for McGrady Acres Enclave as outlined in the Staff Report.” Thank you, Matt ATTACHMENTS: A - Letter from Property Owner, dated Attachment A Attachment A (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eva Wilson, Mobility Director; Gary Padilla, Public Works Director; Greg Daly, Chief of Police; Matt Pielsticker, Planning Director; Michael LaBaugh, Recreation Director RE: Parking Management Update DATE: February 25, 2022 SUMMARY: This report follows up on the Nov 9, 2021, Council discussion on parking management for the Town of Avon. Several Councilors had concerns about a paid parking program and its impact on workers. Several Councilors supported a paid parking management program to change behavior and encourage lower reliance on personal vehicle use. Council requested Staff to provide free parking and paid parking options. Parking availability in the Town core has been impacted by overflow from Beaver Creek Resort on several busy weekends this winter season. We have also observed increased illegal parking at the Avon Recreation Center which has impacted their operations. TOWN MANAGER COMMENTS: Council expressed a variety of comments and concerns, including identifying who we are trying to serve and providing free parking for employees. I view the West Beaver Creek Blvd., Lake Street, Benchmark Rd. loop as oriented towards skiers (i.e. Wildridge- Wildwood - Mountain Star - Nottingham residents and visitors) because we have heavily invested in running a skier shuttle on these streets. Therefore, I recommend that paid parking in this area is appropriate for consideration and is an appropriate place to start with paid parking. I recommend the Old Town Hall parking area remain as free parking which can work well for employees who desire to park for the entire day. The Recreation Center parking area will need better signage (i.e. NO SKIER PARKING !!! YOU WILL BE TICKETED !!) and active parking enforcement. The Avon Elementary School parking lot may need this management as well. I believe it is important to be conscious of a positive visitor experience and I do not support funding parking management with high parking tickets (e.g. $50+) with the exception of the Recreation Center. Lastly, no matter what we do, I expect we will need to adjust as we experience changes in parking behavior and as parking demands fluctuate. BACKGROUND: There are approximately 343 parking spaces for Town/Public facilities and 168 public on- street parking spaces in the Avon commercial core area and 170 public parking spaces at Traer Creek Plaza. All Parking areas are serviced by Avon Transit. Parking violators will park all day and risk enforcement. A parking ticket costs $35 in the Town core, $25 outside of the Town core, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. A Paid-Parking program may encourage parking turnovers and reduce illegal parking. It may also encourage transit use and other greener transportation options by disincentivizing driving. TOWN CORE PARKING MANAGEMENT OPTIONS: Option 1: Free parking: Public parking will be available to everyone with no limit on hours but no overnight parking, including all on-street parking and at the Old Town Hall. Option 2: 3 Hour Free Parking: Public parking would be available for 3 hours only between the hours of 7am and 5pm. All day free parking would be available at the Old Town Hall parking lot. Page 2 of 4 Option 3: Paid parking on Skier Shuttle Route: Year round paid parking would be introduced for the parking spaces on Skier Shuttle Route (W Benchmark Rd, Lake Street, and W Beavercreek Blvd) which is proposed to start at $2/hr after the first three hours. Free all-day parking will be available at the old Town Hall Location for employees. The Town of Avon and Beaver Creek Resort invest approximately $250,000 annually on the Skier Express Shuttle. For the choice parking spaces (~100 spaces) shown below, a $2/hr. fee will be applied after three hours. Assuming we can generate $3/parking space/day during the busy week-ends, holiday weeks, and spring break weeks (60 days per year) and a modest amount the rest of the year, the projected revenue is $40,000/yr. RECREATION CENTER PARKING MANAGEMENT: The Avon Recreation Center is an important amenity for visitors and locals. With 136 parking spaces, it is sufficient for patrons and town vehicles. Unfortunately, during the winter season, skiers park at the Recreation Center parking lots. This condition is further exacerbated when the Beaver Creek lots are full. Additionally, Beaver Creek Resort stopped leasing the Rodeo Lot due to high cost, and infrequency (happens a couple of times every season.) Attendees to Town Special Events have also encroached on the Recreation Center parking lot. Recommendation: To discourage illegal parking at the Recreation Center, violation fines will have to increase significantly. In addition, providing additional parking spaces may help with illegal parking. Option 1: Designate the Avon Recreation Center Parking Lots for “Patrons Only” and establish a parking violation fine of $50-100. Town Staff will have the flexibility to permit Special Events parking with signage and notification. Page 3 of 4 Avon Recreation Center And/or Option 2: Open W. BC Blvd (westbound shoulder) for skier overflow parking when the Beaver Creek Resort parking lots are full. Historically, Beaver Creek Resort parking lots fill up several times a year. A parking fee of $10 to $20 would offset the cost of providing a skier shuttle to the site. This option would only be available if we implement the paid parking program. Overflow Skier Parking Area Page 4 of 4 FINANCIAL CONSIDERATIONS: Parking management requires active parking enforcement, even with the existing free parking policies. A full-time parking enforcement officer would work 10 hour shifts four days a week. Two parking enforcement officers would be required to provide coverage seven days a week during the busy seasons. In addition, an electric vehicle, license plate reader and parking management software and equipment would be needed (estimated to cost $100,000). A free parking management program would be managed by the Police Department. A paid-parking management program would be managed by the Mobility Department. The cost of parking enforcement personnel is estimated $90,000/yr ($60,000 salary plus benefits). Currently, the Transit Supervisor and Superintendent monitor the transit radio after the workday offsite, 5- 10 pm. The Parking Supervisor would cross-train with the Transit Supervisor for better and full onsite coverage of daily operations for parking and transit (6 am to 10:30 pm daily.) Mobility may be able to support parking enforcement coverage with existing Mobility staff so that only one additional parking enforcement position is required. This would result in an annual operating expense of $90K along with an initial first year expense of $80,000 for free parking and $100,000 for a partial paid parking program. For program revenue, assuming 5 tickets a day on average throughout all Town parking lots and on-street parking areas at $35 may generate $64,000 annually. If paid parking were introduced additional revenues are estimated at $40,000 annually. Total revenues with partial paid parking is $104,000. Thank You, Eva, Greg, Gary, Matt, and Michael ATTACHMENT A: Nov 9, 2021, Council Report: Paid-parking Analysis and Plan (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eva Wilson, Mobility Director; Danita Dempsey, CASE Manager; Gary Padilla, Public Works Director; Greg Daly, Chief of Police; Justin Hildreth, Town Engineer; Matt Pielsticker, Planning Director; Michael LaBaugh, Rec Center Director RE: Paid-Parking Program Analysis DATE: October 18, 2021 SUMMARY: Council requested an analysis of a paid-parking program for the Town of Avon (TOA.) This written report provides a background of our existing parking concerns and proposes a program to implement parking fees for Avon’s publicly owned parking spaces. UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all people, whether they own a car or not. Managed parking is needed to stimulate turnover and encourage public transit use. Free parking encourages private vehicle usage. For Avon, primary parking concerns are 1) the low turnovers of parking spaces due to employees and skiers, 2) the Recreation (Rec) Center parking spaces are occupied by employees, skiers, and Special Events attendees. On the other hand, Avon residents say they do not attend special events due to a lack of parking, 3) the lack of parking for Harry A. Nottingham Park patrons, 4) the demand for overnight and oversized vehicles in town. Parking violators will park all day and risk enforcement. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. A Paid-Parking program will encourage parking turnovers and reduce violators. It may also encourage transit use and other greener transportation options by disincentivizing driving. Revenue from a paid- parking program will fund a more systematic, comprehensive enforcement program. For Overnight and Oversized parking needs, there are no available Town-owned spaces that can support this demand. There are discussions with Traer Creek & Hoffmann, to support overnight and oversized vehicles at Tract A. A single-tier fee structure is recommended for simplicity. At the planning stage, a lot of assumptions are made to estimate potential revenue from a paid-parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a much lower demand for the TOA, 50% of the estimated revenue ($500,000) should cover the cost to operate a paid-parking program. Page 2 of 11 Program management will include Parking software, Equipment, and Staffing. Based on implementation costs from other agencies, approximately $200,000 - $300,000 will be needed (Software, Kiosks, Parking Software App, and License Plate Reader.) There are variations among the many different parking software applications. As a start, to manage and enforce the program, an estimate of 3 staff would be needed at a cost of $270,000/year (similar to the Town of Breckenridge.) Potential revenue dedication after program overhead could be 1) transit service 2) micro-mobility service such as ebike shares 3) Parking Pavement Maintenance and Markings, and 4) Green initiatives. BACKGROUND: There are approximately 2,185 public parking spaces in the Avon core area, see Table 1. About 500 spaces are owned and maintained by the Town. Of these, about 160 spaces are on- street spaces with the remaining 340 spaces in lots serving town amenities/services. All Parking areas are serviced by Avon Transit. There are various parking challenges. Table 1. Public Parking Space Inventory in the Avon Community Page 3 of 11 On-Street Parking Turnover of on-street parking continues to be an issue, especially parking spaces on West Benchmark Road. Local employees and Skiers have found those spaces attractive, close to Avon Station and large employment centers such as the Westin and Four Seasons. Demand for parking spaces is dynamic and is somewhat driven by development/construction and employment centers. Rec Center – The Avon Rec Center is an important amenity for visitors and locals. The usage peaks between 5-8 pm. With 136 parking spaces, one may say parking is sufficient. Unfortunately, others have used those parking spaces for other reasons than to visit the Rec Center. During the winter season, skiers looking for free parking have parked at the Rec Center. Attendees to Town Special Events also encroached on the Rec Center parking lot. This summer, a lacrosse tournament, overwhelmed the Rec Center parking lot and many users were unable to access the center. Harry A. Nottingham Park – The north parking lot for the park/beach consists of 20 parking spaces. It is currently marked for 8 drop-offs, 2 ADA, and 10 2-hr parking spaces. The park and beach are very popular. Prior to May 2021, overflow parking was allowed on the shoulders on the north side of W BC Blvd. The ad hoc, parking on the shoulders was not ideal. Visitors were not using the Elementary School parking lot due to distance and terrain concerns. Adding approx. 70 paved, angled, parking spaces on W. BC Blvd is estimated at $1.2M. Although the Sep 2021 Community Survey found 50% of the respondent wanted improvements to parking and pedestrian safety on West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included trespassing onto private property and inappropriate behavior. Special Events – Summer concerts and evening venues continue to be very popular and are a big draw for the town. In the Sep 2021 Community Survey, 30% of the respondents said they did not attend Town events because parking was too difficult. Attendance can range from 2,000 to 10,000. From a low of 2,000 attendees (assuming half will walk to the venue) 333 parking spaces are estimated to be needed for 1,000 attendees who would drive. To support larger venues, Special Events have leased the Beaver Creek parking lots and private lots. It is expected that more mitigation strategies such as express shuttles are needed to reduce parking space demand for larger venues. Due to the proximity of the Rec Center parking lot to the Performance Pavilion, the Rec Center Parking Lot continues to be encroached upon during special events. Town Hall - Parking spaces at the Town Hall are reserved for Town Hall visitors, Avon staff, and the Seasons Hotel (a 2-hr limit.) There are 4 Drop-off spaces for Prater Ln Preschool. In 2019, the town implemented permit parking for Avon residents on days the Town Hall is closed (Weekends and Holidays). In the 2019-2020 ski season, 8 permits were issued. In the 2020-2021 ski season, 13 permits were issued. The permits are issued electronically via email by the Mobility Dept. Plans are to continue to offer this opportunity to Avon residents. Overnight/Oversized Parking - Staff continues to receive requests for overnight parking for cars, campers, and oversized vehicles. Overnight parking is not permitted in Town-owned parking lots and on-street parking. Prohibition is due to access for snow removal and avoidance to compete with lodges in the summer. For Overnight and Oversized parking needs, there are no available Page 4 of 11 Town-owned spaces that can support this demand. Accommodations have been made for visitors staying in Avon and traveling in campers and oversized vehicles. The Police Dept and Public Works have accommodated them at the upper tier lots at Swift Gulch site, free of charge. This site is designated for future employee housing. There are discussions with Traer Creek & Hoffmann to support overnight and oversized vehicles at Tract A. Local Lodging Parking Management – Avon Lodges varies in the management of their onsite parking. Among the lodges below, only Westin doesn’t provide employee parking. During peak times, holidays, some lodges encourage their employees to take transit or park elsewhere. 1. Comfort Inn: One parking pass per room rental at no additional cost. A second pass may be issued under special request at no additional cost. Employees park on site. Housekeepers use transit. Summer is their highest parking demand. Had issues with violators until PD issued citations. 2. Sheraton: One parking space per room at no additional cost. A second pass may be issued under special request at no additional cost. Employees park on site. The holiday season is their peak demand, and they may ask employees to park elsewhere. During the summer, they receive 1 to 2 requests for RV parking. 3. Christie Lodge: One parking pass per one-bedroom room at no additional cost. Two parking passes per 3-bedroom room at no additional cost. $10/day for additional parking spaces. Employees park on site. Strict monitoring of parking passes. 4. Wyndham: $15/night per vehicle. No limit. Employees park on site/in the garage. 5. Seasons: Free underground parking garage for all guests. Up to 3 vehicles per unit. All employees park on site. Entry gate control parking violators. 6. Westin: $35/$45 (valet) per night for guests. $60/night for non -hotel guests. Gym members have passes. No parking for employees on site. Their biggest issues are requests for oversized vehicles Signage and Consistency in Parking Limits – Parking signs and time limits vary based on location. Consistent parking time limits may be easier to remember, understand, follow, and enforce. W. Benchmark W. Rec Center E. Rec Center Beach Lake Street Library Old Town Hall Page 5 of 11 Enforcement: The police department enforces parking regulations as well as code enforcement at Harry A. Nottingham Park. Parking enforcement is augmented by a code enforcement officer during the busy holiday season and Summer activities. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. OTHER PAID-PARKING PROGRAMS: Neighboring resort communities such as the Town of Vail, the Town of Breckenridge, and the Town of Aspen have implemented a paid-parking program for years. A summary of other local resort communities that charge for parking is attached. Town of Vail (TOV) – TOV manages over 3,000 parking spaces with 20+ in-house staff. For 2022, they are projecting $2M expenditures which include s $1M in equipment and software replacement. Their projected revenue is $6.5M accrued in their General Fund. All parking spaces in the Town of Vail are housed in parking garages and lots and operational 24/7. Town of Breckenridge (TOB) – TOB manages over 2,000 parking spaces consisting of on-street parking and parking lots. The service is contracted out to the Interstate Parking Company. A staff of 3 manages the contract. Their revenues are dedicated to their fare-free transit operations and Mobility Capital projects. Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner” Town of Aspen (TOAs) – TOAs manages over 4,000 parking spaces consisting of 685 main street spaces, 3,000 residential parking spaces, and a 300-space parking garage. Their 11+ in-house staff includes 6 enforcement officers. The program includes parking fees, permits, and carpool permits. Their revenues are dedicated to their fare-free transit/mobility program. Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees; Sale tax rises every time they raise parking fees” Page 6 of 11 PAID-PARKING ANALYSIS: UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all people, whether they own a car or not. Professor Shoup also caution s that free parking forces people to cruise for spots (increasing emissions) and subsidizes driving. Professor Shoup’s research shows free parking subsidy increases the demand for parking and the total number of miles driven. Additional research shows that among dense American cities, public transit use is significantly higher where parking is more expensive. Free parking encourages private vehicle usage. Professor Shoup recommends charging the right price for parking, with is ideally, letting the market set at the lowest rate necessary to achieve an availability of approximately 15 percent, to avoid cruising. Parking demand varies by location, time of day, day of the week, and season. With Avon’s parking concerns, a Paid-Parking program will encourage parking turnovers, transit use, and use of other greener transportation options by disincentivizing driving. The fee structure can be a single tier for all spaces or a tiered structure with the 1st tier for premium spaces. Starting a paid-parking program with a single tier rate structure system may be simplest for users to remember and follow, and for managers to manage. With a Single Tiered fee structure, all TOA public parking spaces would be free for 1st two hours of use, then the fee would be $2/hr. For example, it would cost $4 to park for four hours, and parking all day in Avon, 8 am - 5 pm would cost $14. With a two-tier parking fee structure, the parking spaces closest to the mountain, Avon Station, and Performance Pavilion would carry the premium fees (highlight in red.) The lower tier parking spaces, such as W. Beaver Creek Blvd, and E. Benchmark Rd, would have a lower fee (highlighted in yellow.) Page 7 of 11 Single Tier Paid-Parking Fee Structure – Avon Town Core Single Tier Paid-Parking Fee Structure – West Avon Page 8 of 11 Two Tier Paid-Parking Fee Structure – Town Core Two Tier Paid-Parking Fee Structure – West Avon Page 9 of 11 For the Rec Center, paid parking will disincentivize skiers, it will be cheaper to park at the Elk or Bear lot. However, usage at the Rec Center may regularly exceed the 2 hr free period. The parking management software will need to be able to waive the 3rd-hour fee when they check into the Rec Center. For Special Events, with paid parking, it is anticipated that employees and skiers will no longer take up public parking spaces during the day, and thus will free up parking spaces along Lake Street and W. Benchmark Rd going into the evening. Avon staff has observed parking availability at the Town Hall parking lot during Avon Live music venues. Parking direction/information may need to be more targeted for Special Events. Harry A. Nottingham Park – Park usage continues to be high. Although the Sep 2021 Community Survey found 50% of the respondents wanted improvements to parking and pedestrian safety on West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included trespassing onto private property and inappropriate behavior. Adding approx. 70 paved, angled, parking spaces and a pedestrian crossing on W BC Blvd is estimated at $1.2M. Targeted communication for park patrons to park at the Elementary School may be needed. Another review of the on-street parking on W. Beaver Creek Blvd. concept will be needed if demand continues to grow. The demand for oversized and overnight parking cannot be met with Town’s property. A potential site is Track A, the green circle. Staff has initiated conversations with Traer Creek & Hoffmann about potentially using the upper lot for overnight and oversized vehicles. Their concern is the potential disturbance and trash by the additional parking traffic, as they have seen at the Walmart parking lot. Permitted parking will provide additional control needed for proper management. Permits will only be extended to Avon residents and visitors staying in an Avon lodging facility. The parking revenue will be used to keep the site clean and surveilled. Staff will continue to work with the Lindholms. Page 10 of 11 IMPLEMENTING PAID-PARKING PROGRAM: There are many Parking Management Applications available, and they have evolved to meet everyone’s needs. Comprehensive programs include access through smartphone apps, solar-powered kiosks, and websites. Programs can be operated by in-house staff or be completely contracted out for a turn-key service, such as the TOB. Starting a paid-parking program with a single fee structure may be the simplest to manage and enforce, charging a parking fee from 8 am to 5 pm during the winter and summer season. Visits less than 2 hrs will be free, then the parking fee will be $2/hr. Parking for 4 hrs would cost $4 and parking all day in Avon would cost $14. At the planning stage, a lot of assumptions have to be made to estimate potential revenue from a paid- parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a much lower demand than TOV, 50% of the estimated revenue - $500,000 may cover the cost to operate a paid-parking program. Program management will include Parking software, Equipment, and Staffing. Based on implementation costs from other agencies, approximately $200,000 - 300,000 will be needed (Software, Kiosks, Parking Page 11 of 11 Software App, and License Plate Reader.) In addition, to manage and enforce the program, as a start, an estimate of 3 staff would be needed at a cost of $250,000/year. Parking Management falls under the Mobility Department. The mobility management team consists of a Director, a Superintendent, and a Supervisor. With 16.5 hrs/7days (120hrs/wk) a week transit operation, the supervisory staff is already stretched very thin. Staffing levels will depend on the structure of the paid- parking program, contracted or in-house. A minimum staff of a Parking Superintendent and 2 parking operators will be needed based on the Town of Breckenridge’s turnkey parking program and for 7 days a week coverage. The Transit and Parking teams would cross-train to support both activities. Potential net revenue dedication could be 1 ) transit service 2) Micro mobility programs such as ebike shares 3) Parking Pavement Maintenance and Markings and 4) Green initiatives, STEPS FOR IMPLEMENTATION – Nov 2022: 1) Hire a Parking Supervisor -Jan 2022 - Work on implementation details of a paid-parking program/plan 2) Finalize Paid-Parking Plan/Staffing level with Council – May 2022 3) Request for Proposal – Software/equipment – Jun 2022 - Select inhouse or contract services 4) Purchase/Install software/equipment/Signage – Aug 2022 5) Hire appropriate level of Parking Staff – Aug 2022 Thank You, Eva, Danita, Greg, Gary, Justin, Matt, and Michael Attachment: Local Community Parking Program Summary Community Implementation Program Details Management Sample Fees Implementation Cost Annual Operation Cost Annual Revenue Net Revenue Revenue Utilization Notes Aspen N/A - Approximately 4,000 parking spaces - Main Street - 682 spaces - Residential - 3,000 spaces - Parking Garage - 300 spaces In-house Mgmt (11+ staff): - 1 Parking Director - 1 Operations Mgr - 1Programs Mgr (T2 software/permits) - 2 customer service - 6 Enforcement Officers - Paid Parking 10 a.m. to 6 p.m. 10:00 AM - 10:59 AM: $4/hr 11:00 AM - 2:59 PM: $6/hr 3:00 PM - 6:00 PM: $4/hr - Sundays - free - Residential Parking Pass: Mon-Fri - Two hours FREE parking per day - Garage parking $12.50 per day. - Carpools permits - EV and NEVs FREE - Hybrids park for 50% off residen - Construction/reserved parking $100 per day - Event parking $10 per day - No Overnight Parking $900,000 - $750,000 - Kiosks/meters - $150,000 - two vehicle with License Plate Readers $2M - Aspen Staff - Software subscription and support (T2) - park city utah - 3am 7am snow removal. No garages - 6pm - Equipment $4M $2M Dedication to Free Transit Raised parking fees raised sales tax Future: All mobile payments to save kiosk and meter Breckenridge 2015/16 - Approximately 2,200 parking spaces - On Street Parking (600) - Parking Lots (1600) Contracted Service (Interstate): Breckenridge Staff: - 1 Parking Manager - 1 Parking specialist - 1 Community officer Main Street weekday rates: - 15 minutes: free - First hour: $0.50 - Second/third hours: $1 per hour - Fourth/beyond: $3 per hour - All day: $23.50 weekend rates - 15 minutes: free - First hour: $0.50 - Second hour: $1.50 - Third hour: $2 - Fourth/and beyond: $5 per hour - All day: $39 - Overnight Parking Lot: $30/night $650,000 - Kiosks equipment (installed by PWs) - $100,000 for car and License Plate Reader - Marketing: $15,000: logo, mailers, Ads $1.1M - $100,000 kiosk replacement - Bank Card Fees - Interstate: Flat-fee ($640,000) - Passport: App Software/per transaction fee/Permit Mgt - Parkeon: Kiosk Cost - Breck staff and supplies $2M $1 M Dedicated to transit operation and Mobility Capitol Projects New Building a parking structure planned: - 550 existing - Adding 405 more spaces - two stories/3 stories - $45M/$50M (loan) Vail N/A -Approximately 3,000 spaces - Three Parking Garages - Red Sandstone Structure - 120 weekdays - 160 weekends or school out - Ford park soccer fields - Donovan Pavillion In-house Mgmt (24/7 operations)(20+ parking staff): -1/2 transit manager - 3 supervisors - 3 Technicians - 14 atendents - 2 ticket writers - 1/2 part FTE: ticket sales 0 to 2 hrs Free 2 to 3 hrs $10 3 to 4 hrs $20 4 to 15 hrs $30 15 to 24 hrs $50 3pm until 3am Free $1M in 2022 for equipment replacement $2M - Staff - Equipment/Supplies - Software/Apps - Does not include Bldg Maintenance $6.5M $4.5M General Fund N/A Local Community Parking Program Summary Paid Parking for the Town of Avon Paid Parking Analysis Should the Town of Avon charge for parking? -Smarter Parking Management -Encourage Turnovers -Encourage Mass Transit Use -Equitable? Who really pays for parking 2 Existing Parking Condition Community Total: 2,185 parking spaces -Town Owned: 511 Spaces -On-Street –168 Spaces -Lots –343 Spaces -Private: 1,574 Spaces 3 Existing Parking Condition •On-Street Parking -Low turnover •The Avon Rec Center -Parking violators •Harry A. Nottingham Park -Low Inventory •Special Events -Low Inventory/Low Turnover/Parking violators •Town Hall Lot -Weekend Skier Permit Parking •Overnight/Oversized Parking -No available Town property -Continue to discuss with private entities 4 Other Parking Programs •Town of Vail –manages over 3,000 parking spaces, 20+ in-house staff -Operating Cost: $2M –Revenue: $6.5M -Revenue accrued in General Fund •Town of Breckenridge –manages over 2,000 parking spaces, 3 in-house staff -Operating Cost: $1.1M –Revenue: $2M -Turnkey service contracted to the Interstate Parking Company -Revenues dedicated to fare-free transit/Mobility Capital projects Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner” •Town of Aspen –manages over 4,000 parking spaces, 11+ in-house staff -Operating Cost: $2M –Revenue: $4M -Program includes parking fees, permits, and carpool permits -Revenues are dedicated to their fare-free transit/mobility program Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees; Sale tax rises every time they raise parking fees” 5 Recommendation –Single Rate Structure Edwards Mid-block Crossing 6 Recommendation –Single Rate Structure Edwards Mid-block Crossing 7 STEPS FOR IMPLEMENTATION: 1) Hire a Parking Supervisor -Jan 2022 -Work on implementation details of a paid-parking program/plan 2) Finalize Paid-Parking Plan/Staffing level with Council –May 2022 3) Request for Proposal –Software/equipment –Jun 2022 -Select inhouse or contract services 4) Purchase/Install software/equipment/Signage –Aug 2022 5) Hire appropriate level of Parking Staff –Aug 2022 6)Operational –Nov 2022 Implementation Proposal Edwards Mid-block Crossing 8 9 www.mountainlawfirm.com Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen 323 W. Main Street Suite 301 Aspen, CO 81611 Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402 Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs DATE: March 2, 2022 TO: Avon Mayor and Council FROM: Karp Neu Hanlon, P.C. RE: Assignment and Assumption of Restated Development Agreement for Track C Background: The Town has received a request to approve the attached Assignment and Assumption of Restated Development Agreement for Track C of the Mountain Vista Resort Subdivision in the Town of Avon. Tract C is the vacant land between the Town Hall building and Sheraton Mountain Vista building. In October 1998 the original development agreement for Track C was entered into by in between Vail Associates Investments, Shapiro Development, and the Town. Subsequently, in 2016 the Restated Development Agreement was entered into for Track C with the current owner, Points of Colorado, Inc and the Town. At this time Points of Colorado wishes to transfer all rights and obligations under the Restated Development Agreement to Lot 3 Mountain Vista LLC. The 2016 Restated Development Agreement addresses Water Rights, Parking, Employee Housing Mitigation, the Recreational Amenities Fee, and other topics. All these rights and obligations run with the land and are appropriate for a new owner to assume. The proposed assignment and assumption is for all rights and obligations. As such, we see no issues with approving the assignment as required by Paragraph 7.9 in the Restated Development Agreement. Both Legal and the Town Manager recommend approval of the assignment. Proposed motion: “I move to approve the Assignment and Assumption of Restated Development Agreement for Tract C from Points of Colorado, Inc., to Lot 3 Mountain Vista LLC.” Attachments: Assignment and Assumption of Restated Development Agreement for Tract C Restated Development Agreement for Tract C (2016) ATTACHMENT A: Assignment and Assumption ATTACHMENT A: Assignment and Assumption ATTACHMENT A: Assignment and Assumption ATTACHMENT A: Assignment and Assumption ATTACHMENT A: Assignment and Assumption ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement ATTACHMENT B: 2016 Amended and Restated Development Agreement 907-784-4065 dempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Amendment to Res. No 20-17 Food Truck Locations DATE: March 1, 2022 SUMMARY: This Report provides a follow-up to the initial review by Council on February 22, 2022 of proposed changes to Food Truck policies. At the last Council meeting several Council members expressed concerns about any competition with existing Avon restaurants and several Council members expressed interest in providing some food truck offerings to meet public demand. Council continued the discussion to this Council meeting. Based on comments from the last Council meeting, Staff is presenting a more limited and targeted approach for food trucks which designates locations on Lake Street and within Harry A. Nottingham Park to serve summer park users and a location on the Avon Plaza railroad crossing to compliment the existing Rocky Mountain Taco Food Truck. These locations are discussed in more detail below. Resolution No. 22-05 is presented to Council which would delete the requirement that food trucks and vendors must be operated by an existing restaurant or food purveyor business in Avon. BACKGROUND: The Staff Report from the February 22, 2022, Council meeting is attached as Exhibit A. ANALYSIS: Based on the discussion at the February 22nd Council meeting Staff is providing a map attached as Exhibit B, depicting proposed locations for five (5) food trucks, trailers and/or carts in locations that would (1) not be located near Avon’s brick-and-mortar restaurants, (2) would provide food and beverage options to park users in the summer, and (3) would avoid or minimize impacts to parking. A written description of locations is provided below: 1. Location #1 = Grab and go, pre-packed, convenient (chips, soda, candy/food bars, etc.); small trailer or cart that would stay in place for summer. 2. Location #2 = Parking lot adjacent to Metcalf Cabin “patio” which could accommodate a truck and/or trailer capable of providing full-service menu – if desired - for breakfast, lunch and/or dinner in the summer. 3. Location #3 = East side of Lake Street in the bus pull in/out and adjacent to the Avon Recreation Center which could accommodate a truck and/or trailer capable of providing full-service menu – if desired - for breakfast, lunch and/or dinner in the summer. 4. Location #4 – Old Town Hall parking lot in stalls near where the flags poles used to be located which could accommodate a truck and/or trailer capable of providing full-service menu – if desired - for breakfast, lunch and/or dinner in the summer. 5. Location #5 – Near railroad tracks/Avon Station/Westin which could accommodate a smaller truck and/or trailer capable of providing a full-service menu – if desired - for breakfast, lunch and/or dinner in the winter. All locations have good line of sight as guests are enjoying Nottingham Park as well as commuting to/from Nottingham Park, Avon Recreation Center, residential and/or lodging properties, and Avon Transit Station. Four (4) of the five (5) locations are proposed for summer operations only. Additionally, locations #1 - #4 could potentially provide quick convenient food options for the local lunch crowd during the summer. Location #5 is proposed as a potential for winter operations to compliment the offerings at Rocky Mountain Taco and further service the skier crowd. This location could be considered for summer operations as well. Page 2 of 2 Staff reduced the number of location choices available from eight (8) to five (5) to incrementally re- introduce the program. If amendments to the Food Truck criteria are approved by Council, Staff would report to Council after the summer season on the success and impacts of the Food Truck program. EXISTING AVON PLAZA LOCATION: Council comments included a question on whether the existing Rocky Mountain Taco food trailer location should be rebid. Staff has no recommendations. Rocky Mountain Taco has operated well in this location and the only issues have been some customers parking in the bust stop area from time to time. RECOMMENDATION: Users in Harry A. Nottingham Park have voiced a desire for more food vending options in the park. I recommend Res. No. 20-17 be amended to remove the restriction that “…such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon” as outlined in Attachment B Res. No 22-05. TOWN MANAGER COMMENTS: I believe location 1 can be coordinated with our SUP Co vendor and can be a modest cart set-up to offer very basic beverages and snacks. I recommend that Council approves Town Staff to pursue this option with SUP Co to serve park users in beach area. Locations 2, 3 and 4 have good visibility in Harry A. Nottingham Park and could provide more food options for park users between special events when we regularly have food vendors. If Council approves the change to Resolution 22-05 I recommend that only one food truck be approved initially to be permitted to operate at Location 2, 3, OR 4. I recommend that Council does not conduct a bid or proposal process for the Rocky Mountain Taco location at this time. This business has worked well with the Town and has proven to be a good fit at this location. Perhaps in 1-3 years when there are more food truck vendors operating in Avon it would be appropriate to revisit the permit for this location. OPTIONS: 1. No Action/No Change – keep Resolution 20-17 as is (no motion or action is necessary by Council) 2. Approve Res. No 20-17 to remove the restriction that “…such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon” [with or without revisions]. 3. Provide direction to Staff on other options for locations, number and qualification of Food Truck and Food Cart vendors. PROPOSED MOTION: “I move to approve Resolution No. 22-05 Establishing the Location and Maximum Number of Food Trucks.” Thank you, Danita ATTACHMENT A: Staff Report to Town Council on February 22, 2022 ATTACHMENT B: Proposed Food Truck Locations 907-784-4065 dempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Amendment to Res. No 20-17 Food Truck Locations DATE: February 10, 2022 SUMMARY: An amendment to Resolution No. 20-17 Establishing the Location and Maximum Number of Food Trucks is presented for Council consideration. Resolution No. 20-17 authorizes broad authority for administrative approval of food truck and vendors west of Avon Road. BACKGROUND: In 2016 the Avon Town Council adopted limited authorization for food trucks and vendors and the Town Manager implemented with administrative regulations and guidelines. During the COVID-19 pandemic in 2020 and related health and safety concerns, Avon Town Council approved and adopted an amendment to Resolution No. 20-17 on May 26, 2020 - see Attachment A. The amendment to include revisions to (1) support opportunities for outdoor dining in open park areas and (2) support Avon based restaurant or food purveyor businesses. This allowed administrative approval so that we could work quickly with interested operators and included regulations limiting permits to Avon based restaurants and food purveyors. Currently, Rocky Mountain Taco, which is not an Avon based restaurant or food purveyor, is the only operator with an active permit and is “grandfathered” in due to an established track record of success, and appeal. El Sabor Mazatlán, which is an Avon based restaurant received a permit to operate June 30th – October 15th, 2020; and December 2nd – June 1st, 2021. However, operated on a very limited basis due to issues with staffing and/or equipment failure. This is the only Avon based restaurant or food purveyor who submitted a complete application and was granted a permit. Additionally, Staff received an inquiry this month from an Avon based business (not a restaurant or food purveyor) who recently purchased a food trailer and is interested in applying for a food truck location. Staff received numerous calls and emails regarding the operation of a food truck on Town owned property, however, did not keep track of inquiries on a consistent basis. With that said, Staff can recall the following four inquiries: 1. The Zen Den – Kombucha and coffee; received a Peddler’s License and is not an Avon based business. 2. Bonanza – Did not apply due to permits only being available to Avon based restaurants or food purveyors. 3. The Hook Fish & Chips – interested in short-term (less than 5 days) and is not an Avon based business. 4. Uncle Sleeper’s Food – Did not apply due to permits only being available to Avon based restaurants or food purveyors. ANALYSIS: There has been little to no interest from Avon based restaurants or food purveyors other than from El Sabor Mazatlán. The 2021 Community Survey indicates 46.8% of respondents desire “More food and beverage opportunities in the park during the summer.” Staff anticipates that opening Avon’s food truck program to allow for purveyors from out of Avon to be considered will support the original objective of the program as identified in the May 2016 RFP, “The objective of the Food Truck program is to support new small business opportunity, attract activity to Harry A. Nottingham Park, and to enhance the visitor and resident experience.” Page 2 of 2 RECOMMENDATION: To realize the desire reflected in the Community Survey to have “more food and beverage…” as well as drive vibrancy and activity in locations near Nottingham Park, I recommend Res. No. 20-17 be amended to remove the restriction that “…such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon” as outlined in Attachment B Res. No 22-05. OPTIONS: •Approve request to amend Res. No 20-17 to remove the restriction that “…such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon” [with or without revisions]. •Deny request to amend Res. No 20-17. PROPOSED MOTION: “I move to approve Resolution No. 22-05 Establishing the Location and Maximum Number of Food Trucks removing the restriction that such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon.” Thank you, Danita ATTACHMENT A - Resolution No. 20-17 ATTACHMENT B - Amended Resolution No. 22-05 A Avon COLORADO RESOLUTION 20-17 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS WHEREAS, the Avon Town Council has determined that allowing food trucks and food vendors in locations near Harry A. Nottingham Park is a viable strategy to bring activity and vibrancy and will provide for expanded small business opportunity; and WHEREAS, the Avon Town Council finds increased opportunities for outdoor dining in open park areas will comply with health and safety concerns and public health order guidance related to the COVID-19 pandemic; and WHEREAS, the Avon Town Council adopted Ordinance No. 16-07, Allowing Food Trucks to Operate on Rights -of -Way; and WHEREAS, Section 5.04.080(b) of the Avon Municipal Code requires that the Avon Town Council establish the location and maximum number of vendor permits by resolution; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This Resolution No. 20-17 shall supersede and replace prior resolutions concerning the location and maximum number of food trucks. Section 2. Food trucks and vendors may be located on any right-of-way or Town property west of the Avon Road right-of-way in accordance with regulations and guidance adopted by the Town Manager provided such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon. The maximum number of food trucks and vendors shall be determined by the Town Manager taking into consideration community demands, conflicts with events and construct, hours and days of operations, and public health and safety related to food service and COVID-19 pandemic public health orders. ADOPTED on May 26, 2020. doossF AAVONTOWNCOUNCIL L.' By: Attest: S rah S rt Hymes, lqa or Brenda Torres, Town Cle rOL(j a.0 Res 20- 17 Establishing the Locations and Maximum Number of Food Trucks Attachment A Res 22-05 Establishing the Locations and Maximum Number of Food Trucks RESOLUTION 22-05 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS WHEREAS, the Avon Town Council has determined that allowing food trucks and food vendors in locations near Harry A. Nottingham Park is a viable strategy to bring activity and vibrancy and will provide for expanded small business opportunity; and WHEREAS, the Avon Town Council finds increased opportunities for outdoor dining in open park areas will comply with health and safety concerns and public health order guidance related to the COVID-19 pandemic; and WHEREAS, the Avon Town Council adopted Ordinance No. 16-07, Allowing Food Trucks to Operate on Rights-of-Way; and WHEREAS, Section 5.04.080(b) of the Avon Municipal Code requires that the Avon Town Council establish the location and maximum number of vendor permits by resolution; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This Resolution No. 20-17 22-05shall supersede and replace prior resolutions concerning the location and maximum number of food trucks. Section 2. Food trucks and vendors may be located on any right-of-way or Town property west of the Avon Road right-of-way in accordance with regulations and guidance adopted by the Town Manager. provided such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon. The maximum number of food trucks and vendors shall be determined by the Town Manager taking into consideration community demands, conflicts with events and construct, hours and days of operations, and public health and safety related to food service and COVID-19 pandemic public health orders. ADOPTED on February 22, 2022. AVON TOWN COUNCIL By:________________________________ Sarah Smith Hymes, Mayor Attest:______________________________ Brenda Torres, Deputy Town Clerk ATTACHMENT B 1 2 3 4 5 (970) 748-4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Finance Director RE: 2021 Audit Engagement Letter DATE: February 23, 2022 SUMMARY: An engagement letter with McMahan and Associates for the independent audit of the Town's 2021 financial statements is included for approval by motion. BACKGROUND: The Finance Department issued a Request for Proposal for Professional Auditing Services in December, 2021. Proposals were sent to 6 firms in Colorado that are well known for performing audits of local governments of our size, as well as being placed on the Town's website. Of the 6 firms, 4 contacted me directly to indicate that they were not in a position to propose on the engagement. One firm did not respond. McMahan and Associates submitted a timely proposal that met all the requirements of the RFP and their estimate of fees appears to be reasonable and in-line with fees from previous years. The attached engagement letter is in the standard form recommended by the A merican Institute of Certified Public Accountants for local government engagements. The Fee for the 2021 audit is estimated to be $24,700. In addition, due to Federal funds being received by the Town, it is likely that the Town will need to have a Single Audit performed. In that case there would be an additional fee of $4,465 for the Single Audit. The 2020 audit was performed for a total fee, including the Single Audit, of $28,950. PROPOSED MOTION: "Move to approve the audit engagement letter with McMahan and Associates for the 2021 calendar year independent audit." Thank you, Scott ATTACHMENTS: A - Engagement Letter B - McMahan and Associates Audit Proposal and Transmittal Letter McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Matthew D. Miller, CPA Frisco: (970) 668-3481 M & A February 10, 2022 Town of Avon P.O. Box 975 Avon, CO 81620 You have requested that we audit the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the Town, as of December 31, 2021, and for the year then ended and the related notes, which collectively comprise the Town’s basic financial statements as listed in the table of contents. The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (“U.S. GAAS”) will always detect a material misstatement when it exists.Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. Accounting principles generally accepted in the United States of America (“U.S. GAAP”) as promulgated by the Governmental Accounting Standards Board (“GASB”)require that management’s discussion and analysis (“MD&A”) and schedules relating to the Town's net pension liability (asset) and pension contributions be presented to supplement the basic financial statements.Such information, although not a part of the basic financial statements, is required by the GASB, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (“RSI”) in accordance with U.S. GAAS. These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management’s responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by GAAP. This RSI will be subjected to certain limited procedures but will not be audited: Management’s Discussion and Analysis Schedule of the Town’s Proportionate Share of the Net Pension Liability (Asset) –Police and General Government Employees Schedule of Town Pension Contributions –Police and General Government Employees The following RSI is required by U.S. GAAP and will be subjected to the auditing procedures applied in our audit of the basic financial statements and we will provide an opinion on it in relation to the Town's basic financial statements: Budgetary schedules for the General Fund and major special revenue funds (as applicable) ATTACHMENT A February 10, 2022 Town of Avon, Colorado Page 2 Supplementary information other than RSI will accompany the Town’s basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and perform certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and additional procedures in accordance with U.S. GAAS. We intend to provide an opinion on the following supplementary information in relation to the basic financial statements as a whole: Combining statements for non-major governmental funds Budgetary comparison schedules for non-major governmental funds and proprietary funds Local Highway Finance Report Debt Schedule Auditor Responsibilities We will conduct our audit in accordance with U.S.GAAS. As part of an audit in accordance with U.S. GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit. We will also: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control.However,we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Town’s ability to continue as a going concern for a reasonable period of time. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any other periods. Audit Procedures –Compliance As previously discussed, as part of obtaining reasonable assurance about whether the basic financial statements are free of material misstatement, we will perform tests of Town of Avon’s compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. February 10, 2022 Town of Avon, Colorado Page 3 Management Responsibilities Our audit will be conducted on the basis that management and, when appropriate, those charged with governance,acknowledge and understand that they have responsibility: 1.For the preparation and fair presentation of the basic financial statements in accordance with GAAP; 2.For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of basic financial statements that are free from material misstatement, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements; and 3.To provide us with: a.Access to all information of which management is aware that is relevant to the preparation and fair presentation of the basic financial statements such as records, documentation, and other matters; b.Additional information that we may request from management for the purpose of the audit; c.Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. 4.For including the auditor’s report in any document containing basic financial statements that indicates that such basic financial statements have been audited by us; 5.For identifying and ensuring that the entity complies with the laws and regulations applicable to its activities; 6.For adjusting the basic financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current period under audit are immaterial, both individually and in the aggregate, to the basic financial statements as a whole; and 7.For acceptance of non-attest services, including identifying the proper party to oversee non-attest work; 8.For maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; 9.For informing us of any known or suspected fraud affecting the entity involving management, employees with significant role in internal control and others where fraud could have a material effect on the financials; and 10.For the accuracy and completeness of all information provided. With regard to the supplementary information referred to above, you acknowledge and understand your responsibility: (a) for the preparation of the supplementary information in accordance with the applicable criteria; (b) to provide us with the appropriate written representations regarding supplementary information; (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information; and (d) to present the supplementary information with the audited basic financial statements, or if the supplementary information will not be presented with the audited basic financial statements, to make the audited basic financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon. As part of our audit process, we will request from management and, when appropriate, those charged with governance, written confirmation concerning representations made to us in connection with the audit. February 10, 2022 Town of Avon, Colorado Page 4 Non-attest Services With respect to any non-attest services we perform, at the end of the year, we agree to perform the following: Preparation of the Town’s financial statements and related notes Propose adjusting or correcting journal entries to be reviewed and approved by the Town’s management. We will not assume management responsibilities on behalf of about the Town.However, we will provide advice and recommendations to assist management of about the Town in performing its responsibilities. The Town’s management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) establishing and maintaining internal controls, including monitoring ongoing activities. Our responsibilities and limitations of the non-attest services are as follows: We will perform the services in accordance with applicable professional standards. The non-attest services are limited to the services as previously outlined. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities, including determining account coding and approving journal entries. Reporting We will issue a written report upon completion of our audit of the Town’s basic financial statements. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph(s) to our auditor’s report, or if necessary, withdraw from the engagement. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Engagement Administration We understand that your employees will prepare all cash or other confirmations, reconciliations, or work papers we request and will locate any documents selected by us for testing. If you intend to publish or otherwise reproduce the basic financial statements and make reference to our firm, you agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Regarding the electronic dissemination of audited financial statements, including financial statements published electronically on your Internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. February 10, 2022 Town of Avon, Colorado Page 5 Engagement Administration (continued) Professional standards prohibit us from being the sole host and/or the sole storage for your financial and non-financial data. As such, it is your responsibility to maintain your original data and records and we cannot be responsible to maintain such original information. By signing this engagement letter, you affirm that you have all the data and records required to make your books and records complete. The audit documentation for this engagement is the property of McMahan and Associates, L.L.C. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to the Town’s cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office, or peer reviewers for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. If requested, access to such audit documentation will be provided under the supervision of McMahan and Associates, L.L.C. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Paul J. Backes, C.P.A.is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it. Additional firm personnel will be assigned to the engagement as considered necessary. We will begin our audit and issue our reports on a mutually agreed-upon timeframe. During the course of the audit, we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. At the conclusion of our audit engagement, we will communicate to management and those charged with governance the following significant findings from the audit: Our view about the qualitative aspects of the entity’s significant accounting practices; Significant difficulties, if any, encountered during the audit; Uncorrected misstatements, other than those we believe are trivial, if any; Disagreements with management, if any; Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process; Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures; Representations we requested from management; Management’s consultations with other accountants, if any; and Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management. During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications. You agree to inform us of facts that may affect the financial statements of which you may become aware during the period from the date of the auditor’s report to the date the financial statements are issued. We agree to retain our audit documentation or work papers for a period of at least five years from the date of our report. February 10, 2022 Town of Avon, Colorado Page 6 Our fee for these services will be based on our standard hourly rates, plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.). Our standard hourly rates vary according to degree of responsibility involved and experience level of the personnel assigned to the engagement. However, we estimate that our fee for the 2021 financial statement audit will agree with our latest proposal. This fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit, including significant changes in the size and nature of the Town’s operations or the state of its accounting records and controls. If significant additional time is necessary, we will keep you informed of any problems we encounter and our fees will be adjusted accordingly. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report, and you will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. We appreciate the opportunity to be of service to Town of Avon, Colorado , and look forward to working with you and your staff on this engagement. Please sign where indicated below to indicate your acknowledgment of, and agreement with, the arrangements for this engagement, including our respective responsibilities. Very truly yours, McMAHAN and ASSOCIATES, L.L.C. RESPONSE: This letter correctly sets forth the understanding of Town of Avon, Colorado with respect to services to be provided by McMahan and Associates, L.L.C. TOWN OF AVON, COLORADO BY: Signature Title Date ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present in person were Amy Phillips, Scott Prince, RJ Andrade, Lindsay Hardy, and Tamra Underwood. Councilor Chico Thuon was present via Zoom. Also present were Planning Director Matt Pielsticker, Engineering Manager Justin Hildreth, Detective Alan Hernandez, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:28 Councilor Underwood moved to approve the agenda as presented. Councilor Prince seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:00:56 Councilor Andrade asked Interim Town Attorney Karl Hanlon about the food trucks item in the agenda tonight. He disclosed that he has a financial interest in a local restaurant in town and although that restaurant has no food truck nor any plans to operate a food truck that could always change in the future. Interim Town Attorney Karl Hanlon confirmed there is no current conflict of interest of his participation in agenda item 5.9. 4. PUBLIC COMMENT Video Start Time: 00:01:43 Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1. PROCLAMATION: ONE BOOK ONE VALLEY (OBOV) 2022 (LORI A. BARNES, DIRECTOR OF LIBRARY SERVICES FOR TOWN OF VAIL) Video Start Time: 00:02:27 Lori Barnes , Director of Library Services for the Vail Library, presented this year's book for the One Book One Valley program “Tallgrass” by Sandra Dallas . Mayor Smith Hymes referred anyone interested to the website onebookonevalley.com to learn more about this program . She then read the proclamation into the record and Lori Barnes took some photos with Council. 5.2. MUD FLOW FUTURE MITIGATION ACTIONS (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:1 1:22 Interim Town Attorney Karl Hanlon expressed that Council received a confidential memo from him outlining some potential litigation issues related to this agenda item. He advised Council to stay out of discussions of causes , responsibilities, etc. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Engineering Manager Justin Hildreth provided a brief update on the status of research and analysis of the events in July 2021. Town Manager Eric Heil confirmed that staff will bring back a report on drainage maintenance in one of the March meetings. Councilor Hardy suggested to educate residents on mitigation factors to help them in the future. Mayor Pro Tem Phillips supported her comment. Mayor Smith Hymes called for public comments and Josh Hall, an Avon Resident since 1998, commented in person. He said that his home has been destroyed and rebuilt twice. He was present as a homeowner to proactively find out what happened . He would like to know exactly what TetraTech is doing and when he can expect more info rmation and what mitigation actions are being taken. He urged Council to stay on top of this. Town Manager Eric Heil said that the report will be shared with all property owners and the HOA in that area as soon as it is ready and available. He mentioned that this is an active plan, and that Engineering Manager Justin Hildreth is looking for a potential federal grant funds. Mayor Smith Hymes suggested this information to be posted on the website as well. 5.3. FIRST READING OF ORDINANCE 22-02 AN ORDINANCE AMENDING CHAPTER 9.12.080 OF THE AVON MUNICIPAL CODE REGARDING PUBLIC CONSUMPTION OF ALCOHOL ON TOWN-OWNED PROPERTY (TOWN P ROSECUTOR ELIZABETH P IERCE-D URANCE) Video Start Time: 00:26:46 Town Prosecutor Elizabeth Pierce -Durance presented Ordinance 22 -02 and she explained the two changes suggested to be changed, first to amend Sec 9.12.080(c)(3) to include “special events” along with “private events” and the second is to eliminate the words “bring and” on Sec 9.12.080(c)(4) to avoid confusion whether the source of publicly consumed alcohol matters . Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve on First Reading Ordinance 22-02, which modifies Code section 9.12.080(c) relating to lawful consumption of alcohol on Town-owned properties. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.4. RESOLUTION 22-03 APPROVING 2022 SPECIAL EVENTS Video Start Time: 00:30:51 CASE Manager Danita Dempsey presented Resolution 22 -03 and answered Council questions about which event s fall inside and outside parameters for administrative approval . Mayor Smith Hymes and Town Manager Eric Heil clarified that the Town Clerk will administratively approve the alcohol permits and CASE Manager Danita Dempsey will approve the sound permits. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve Resolution 22-03 Approving 2022 Special Events. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5.5. SWIFT GULCH HOUSING PROJECT: CONCEPT PLAN (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:34:22 Town Manager Eric Heil mentioned that four Council members and staff had a sidewalk tour today and said that at this level it is just a concept plan. He said he feels confident that option 1C of 3 buildings and potential 45 units is the best configuration . Planning Director Matt Pielsticker took Council through a PPT presentation and introduced Patrick Rawley and Erica Golden with the Design team , who were present in person . He explained this is a review of the concept plan and no action by Council is needed this evening. Councilor Hardy said she, Councilor Andrade and Mayor Pro Tem Phillips have been attending the design meetings and said she feels very comfortable and excited on how the process is going. Councilor Underwood asked about the units for rent and who the tenants would be. Town Manager Eric Heil responded that the priority will be to Town of Avon full-time employees, then part -time employees, and if any vacancy, then other agencies transit system staff. Councilor Thuon left the meeting at 5:52 p.m. Mayor Smith Hymes called for public comments and Jena Skinner , Minturn resident, commented. She talked about the lighting and how excited she is about joining the Town as a senior planner in the Com munity Development team next week. Town Manager Eric Heil said more design meetings and work sessions will follow in this process. 5.6. WORK SESSION: UPDATE ON THE REGIONAL TRANSIT A UTHORITY (TOWN MANAGER ERIC HEIL) Video Start Time: 01:00:06 Town Manager Eric Heil provided an update on the RTA formation and an overview of actions, goals, timelines, and the adoption process . He mentioned the first transit meeting was back in January 2020 in Beaver Creek, but with the pandemic this was put on pause. Council discussed the RTA Service Goals for Avon, split between primary and secondary goals. Council thanked Town Manager Eric Heil for taking the lead on the formation of the RTA and this important asset. Mayor Pro Tem Phillips mentioned that one of the things E GE Air Alliance is focused on is getting more connectivity particularly over the summer, which was accomplished by the addition of more new flights, providing services that residents would use. Councilor Andrade asked if Avon would be able to change anything without the approval of the Authority. Councilor Prince asked what the negati ve impact to the Town’s budget is as the in - town service would still be maintained. Town Manager Eric Heil answered to both questions saying nothing of this would affect current Avon’s transit system or budget . He said this is intended to be intra -jurisdic tional. Councilor Prince asked to educate and inform the voters. Councilor Underwood mentioned that on her opinion, the First and Last Mile Improvements goal should be moved up from secondary to primary goals as it is more or as important as the EGE Air Alliance goal. Town Manager Eric Heil said that the intent is to do all of those goals. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Smith Hymes said that there are residents who would not ride the bus but would absolutely like to fl y out of EGE a irport. Mayor Pro Tem Phillips said that enhancing the park - and-ride options would be very helpful , specifically the location in Minturn. Councilor Hardy said that making this free would make it easier for people to make the right choices whether be climate action goals, personal decisions on getting behind the wheel, etc., and that this is a very valuable asset for the community to have in the future. She agreed with Councilor Prince’s comments to educate the public on this issue. Councilor Andrade suggested to not call it “free transit” when it is not free. Mayor Smith Hymes called for public comments and no public comments were mad e. 5.7. RESOLUTION 22-02: EXTENDING THE HEALTH & RECREATION COMMITTEE (RECREATION DIRECTOR MICHAEL LABAGH ) Video Start Time: 01:59:19 Recreation Director Michael Labagh presented Resolution 22-02 and expressed this resolution is presented tonight based on Council direction at the February 8th Council meeting. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve Resolution 22-02 Extending Resolution 19-16 Approving an Ad Hoc Health and Recreation Committee. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.8. P UBLIC HEARING: SECOND READING OF ORDINANCE 22-03 AMENDING AVON MUNICIPAL CODE SECTION 15.08.160 REGARDING GRADING (TOWN ATTORNEY KARL HANLON) Video Start Time: 02:01:27 Interim Town Attorney Karl Hanlon expressed staff would like to continue this to the second meeting in March as a public comment was received. Town Manager Eric Heil explained that Traer Creek sent a letter to request more time to look into this and how it might impact their future plans and that as a courtesy it is appropriate to extend it to the March 22nd meeting as it is not holding up any current projects. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to continue the second reading of Ordinance 22-03 Amending Section 15.08.160 of the Avon Municipal Code to Prohibit the Issuance of a Grading Permit Without the Contemporaneous Issuance of a Building Permit to the second meeting in March which is on March 22nd. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.9. RESOLUTION 22-05: AMENDING RESOLUTION 20-17 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS (CULTURE , ARTS & SPECIAL EVENTS MANAGER DANITA DEMPSEY) Video Start Time: 02:05:37 CASE Manager Danita Dempsey presented Resolution 22-05 for Council consideration. She explained this is a small amendment to the current resolution which would allow for food purveyors from AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM outside of Avon to offer food truck services in town on Town-owned property in designated locations approved by the Town Manager. She clarified that this resolution is separate from Special Events. Councilor Andrade, Councilor Underwood and Mayor Pro Tem Phillips were not supportive to open this opportunity up to businesses outside Avon and expressed they wanted to support the brick-and- mortar establishments that operate year-round, including off seasons, and did not want to add competition. Councilor Hardy, Councilor Prince and Mayor Smith Hymes were supportive to give this a try for two years and to then re-assess, they liked the idea that this could add vibrancy and offer another option for quick and easy grab-and-go that does not necessarily compete with a sit-down lunch at a local restaurant. Mayor Pro Tem Phillips expressed she may reconsider in one year once restaurants have had more time to recover from COVID-19. Councilor Hardy suggested to consider allowing the food trucks maybe once a month or so. Mayor Smith Hymes expressed that in terms of permitted locations, she would not like to see them take up parking spaces and would not like to see them near a brick-and-mortar Avon restaurant. Town Manager Eric Heil suggested to continue this to a future meeting so that councilor Thuon could be present as there is a clear 3/3 split among Council. Council agreed and no motion was needed. Staff will present some ideas to Council. Mayor Smith Hymes called for public comments and no public comments were made. 5.10. APPOINTMENT OF TOWN MANAGER ERIC HEIL TO THE HOUSING NON-PROFIT BOARDS (TOWN MANAGER ERIC HEIL) Video Start Time: 02:34:21 Town Manager Eric Heil explained that Mayor Smith Hymes does not want to resign but will do so as it is in the best interest of the Town. Mayor Smith Hymes mentioned that she is currently sitting in the citizen seat which Councilor Underwood held for many years before coming to Council and became Avon's official appointed representative. With this appointment, Councilor Underwood will resume her citizen seat so that the Town Manager can take Avon's appointed seat. Councilor Hardy moved to appoint Town Manager Eric Heil as the representative of the Town of Avon on the Board of Directors for the Eaglebend Affordable Housing Corporation, Buffalo Ridge Affordable Housing Corporation and Eaglebend Dowd Affordable Housing Corporation. Councilor Andrade seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 5.11. WORK SESSION: 2022 DEPARTMENT GOALS (TOWN MANAGER ERIC HEIL) Video Start Time: 02:36:35 Town Manager Eric Heil took Council through the revised and updated 2022 department goals department by department. Council provided comments and directions, including: AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM General Government: Mayor Smith Hymes expressed she fully recognizes our staffing challenges but wants the climate action items for all departments to be a tier 1 priority. She would like the visioning process to be a tier 2 goal and tackled in 2023. She offered to personally manage goal #18. Councilor Hardy and Mayor Pro Tem Phillips agreed that the climate action goals should be in the top of tier 2 priorities. Finance, Human Resources, Community Development, Recreation, Police, Engineering, Public Operations: No comments. Mobility: Councilor Underwood commented on the signs on Hurd Lane and the sign for no left turns out of Riverfront Lane and to get this addressed soon. Fleet: No comments. Town Manager Eric Heil expressed that as a solution the Town could redefine the grants administer role/position to a climate action/sustainability coordinator role. He said that position would still apply for grants but could focus on moving the needle with these goals. Mayor Smith Hymes acknowledged that Mobility Director Eva Wilson does an amazing job with grant writing for the Mobility Department. Town Manager Eric Heil acknowledged that she does and pointed out that Avon PD is also successful in applying and administering for many grants. 6. MINUTES 6.1. APPROVAL OF FEBRUARY 8, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:57:52 Councilor Underwood moved to approve the February 8, 2022 as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 7. WRITTEN REPORTS 7.1. February 15, 2022 PZC Meeting Abstract (Planning Director Matt Pielsticker) 7.2. Financial Report (Finance Manager Joel McCracken) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:58:28 Mayor Smith Hymes expressed she and Mayor Pro Tem Phillips attended a meeting arranged by Senator Michael Bennet's Office to talk about issues with the US Postal Service. She said the meeting was attended by representatives from many mountain town communities and they discussed challenges with COVID-19, housing, staffing/hiring, etc. She was informed there is a handout for residents on "how to address" their parcels, however this explanation is not allowed to be posted inside the post office, but they promised they will put notices in everyone's PO Boxes. She said there was a space constraints study and the results showed Avon's post office has no space constraints. She was informed that if someone has a customer concern, to contact USPS and log the complaint online and to not contact the local postmaster and that according to another USPS study, there are an ample number of PO Boxes available in Avon. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Smith Hymes and Mayor Pro Tem Phillips brough forth communications with the local post office, pushing for home delivery options, the terrible delays, and refusing service to cluster boxes and the impacts to local businesses with lost mail. Mayor Pro Tem Phillips asked Town Manager Eric Heil to please check with Community Development Department if the Piedmont ever requested cluster boxes or if she misremembered. Mayor Smith Hymes expressed she parked at the bottom of Road 779 last week to go walk the dogs and said the signs are very confusing and asked if the new signs are up yet. She closed her comments saying there are containers, but no dog waste bags dispensers, and suggested to install a sign to read “please clean up after your pet” at the trailhead. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 8:1 2 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Deputy Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade