Loading...
TC Packet 05-24-2022_______________________________________________________________________________ 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, May 24, 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 Wildfire Conditions Update – Karl Bauer, Eagle River Fire Protection District Fire Chief 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. Art Around Avon Update (CASE Manager Danita Dempsey) (5 Minutes) 5:15 5.2. Overview of Summer Events (CASE Manager Danita Dempsey) (10 Minutes) 5:20 5.3. Toss Box Proposal (Town Manager Eric Heil) (20 Minutes) 5:30 5.4. Public Hearing: Resolution 22-09 Adopting Regional Transit Authority Intergovernmental Agreement (Town Manager Eric Heil and Chief Mobility Officer Eva Wilson) (20 Minutes) 5:50 5.5. Ord 22-08 Short Term Rental Licensing (40 Minutes) 6:10 5.6. Ord 22-09 Short Term Rental Overlay Zone District (40 Minutes) 6:50 5.7. Public Hearing: Emergency Notification System sirens for Northern Hillside Communities of Wildridge, Wildwood, and Mountain Star (Planning Director Matt Pielsticker) (15 Minutes) 7:30 5.8. Holy Cross Agreements (Town Engineer Justin Hildreth) (5 Minutes) 7:45 5.9. Notice of Award for Metcalf Culvert Repair (Town Engineer Justin Hildreth) (5 Minutes) 7:50 5.10. Notice of Award for Avon Road Traffic Operations Assessment (Chief Mobility Operations Eva Wilson) (5 Minutes) 7:55 5.11. Res 22-07 ADA Coordinator (Town Manager Eric Heil) (5 Minutes) 8:00 6.MINUTES 6.1. Approval of May 10, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) (5 Minutes) 8:05 7.WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. Kayak Crossing Update (Eaglebend Dowd Housing Corporation) 7.3. May 3rd PZC (Planning Director Matt Pielsticker) 7.4. O’Neal Spur Park Reservations (Recreation Director Michael Labagh) ** Indicates topic will be discussed at future agenda’s 8.MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (20 MINUTES) 8:10 9.ADJOURN 8:30 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager RE: Art Around Avon 2022 DATE: May 17, 2022 SUMMARY: The second annual Art Around Avon program is on the cusp of installation which begins May 23rd. Staff is overjoyed at the growth of this program and the strides made in Avon becoming known as creative and supportive “artist community”. This report provides a status update on the (1) Art Around Avon program and (2) Storm Drain Educational Art and Historical Markers. No action is required of Council. BACKGROUND: 1. Art Around Avon Program - The Art Around Avon Program would not be possible without the generous support of the volunteer Jury Panel to whom Staff humbly says THANK YOU! The Art Around Avon began last year with nine (9) temporary sculpture installations in the Town core. These installations will be on exhibition and available for sale through May 23rd, 2022. Through multi-year lease agreements to place art on empty art pedestals with Avon Square Commercial Condominium Association and Hoffman Commercial Properties, the Town increased the available locations for the Art Around Avon to 26. The Call for Artist / Request for Proposals (RFP) was released through an on-line artist application, selection, and jury process on February 14th, 2022, and closed on March 28th, 2022. Staff received forty (40) complete applications from nineteen (19) artists, representing approximately fifty-five (55) pieces for consideration in the second annual Art Around Avon Program. Through the Jury process nineteen (19) sculptures were selected for installation created by eleven (11) different artists. The 2022 – 2023 Art Around Avon Program includes the same nine (9) locations as in 2021 and ten (10) new locations on Hoffman Commercial Properties property. Two (2) of the Hoffman Commercial Properties and all Avon Square Commercial Condominium Association locations on W. Benchmark Road will not receive art this year. Attachment A provides details on the selected pieces, their size, installation locations and pictures of each piece. Deinstall of the existing nine (9) sculptures and install of the nineteen (19) new sculptures will begin on May 23rd and end on June 9th. The Art Around Avon Walk will be held on Friday, June 10th beginning with the Artist Reception from 5:00 to 6:00 p.m. and end with a self-guided tour which is open to the public at 6:00 p.m. The digital walking map will be updated by June 10th to support the self-guided walking tour. A printed version will also be available in early July. We hope to see you there! 2. Storm Drain Education & Historical Markers – The Storm Drain Education Art will be installed in the coming weeks and just in time for the second annual Art Around Avon Walk on June 10th, 2022. The Historical Marker graphics and frames were recently ordered with approximately a 6 to 8-week lead time. Therefore, the nine (9) Historical Markers should be installed in mid-to-late July. A detailed report was provided to Town Council at the April 12th, 2022, Town Council meeting and is provided and attached as Attachment B. Page 2 of 2 FINANCIAL CONSIDERATIONS: The 2022 Approved Budget was amended at the May 10th, 2022, Town Council meeting to accommodate a net increase in the special events division of $47,184 with $19,000 of the total increase supporting the Art Around Avon Program expansion. To that end, the Art Around Avon Program is close to capacity with a projected decrease in costs next year which are related to art pedestal preparation (steel base plates, placard stations and staffing costs). Thank you, Danita ATTACHMENTS: Attachment A – Art Around Avon Final Selections Attachment B – Report to Council Art Around Avon Update Art Around Avon | Site Descriptions May 16, 2022 Art Around Avon Site Descriptions with Proposed Art May 16, 2022 Danita Dempsey | Cultural, Arts & Special Events Manager ATTACHMENT A Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Good Morning Sunshine Currently on Display Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 1 Avon Road -Center of Round- About (RAB) #4 Good Morning Sunshine (Butterfly) Kinetic mild steel,powder coat, enamelpaint 15' x 3.5' x 7'N/A 13' Diameter Reinforced concrete circular pedestal Art Around Avon: Site Descriptions May 16, 2022 Google Map Image WingOne Currently on Display Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 2 Avon Road -RAB #3 SW Corner Wing One Laser-Cut AluminumSlab, Spray Ename 6' x 2' x 3"35" D, 37" W 12" Tall Cut stone pedestal w/ steel plate set on brick pavers Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Effloresce Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 3 Avon Road -RAB #3B NW Corner Effloresce Steel 50" x 55" x 55" // Base 10"32" D, 41" W 21" Tall Cut stone pedestal w/ steel plate set on reinforced red sandstone Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Matelasse Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 4 Avon Road -RAB #4 SE Corner Raised Platform Matelasse Mild steel, powder coat,ename 4' x 8' x 4'N/A N/A Reinforced concrete platform Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Cloud Nine Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 5 E. Benchmark Road & Beaver Creek Place / NE Corner Cloud Nine metal, wood, foam,fiberglass,con crete, plex,LEDs 72" x 14" x 14"53" D, 47" W 8" Tall Cut stone pedestal w/ steel plate set on brick pavers Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Court Jester of Space Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 6 E. Benchmark Road @ City Market Bus Stop Court Jester Steel, Chromed PowderCoated & High Fire Salt 12" x 6" x 6"N/A 12" Tall Cut stone pedestal 6 E. Benchmark Road @ City Market Bus Stop Let's Play Steel, High Fire Salt 6' X 3' X 3' D N/A 12" Tall Cut stone pedestal Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Link Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 7 Avon Road -RAB #4 SW Corner Link Steel, Bronze,Sandstone 84" x 35" x 25"36" D, 45" W 10" Tall Cut stone pedestal w/ steel plate set on brick pavers Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Basking Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 8 E. Benchmark Road / Bus Stop Basking Bronze 23" x 63" x 44"64" D, 51" W 10" Tall Cut stone pedestal w/ steel plate set on brick pavers Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Resilience Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 9 Avon Road -RAB #4 NE Corner Resilience metal, epoxy, wire,fiberglass 80" x 18" x 9"37" D, 50" W 14" Tall Cut stone pedestal w/ steel plate set on brick pavers Art Around Avon: Site Descriptions May 16, 2022 #11 W. Benchmark Road Google Map Image #12 W. Benchmark Road Google Map Image #10 W. Benchmark Road Google Map Image #13 W. Benchmark Road Google Map Image Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 10 W. Benchmark Rd. East End A - Slifer Smith Frampton Building EMPTY N/A 40" Diameter, 26" Tall Circular concrete pedestal 11 W. Benchmark Rd. East End B - Slifer Smith Frampton Building N/A 40" Diameter, 26" Tall Circular concrete pedestal 12 W. Benchmark Rd. West End A - Slifer Smith Frampton Building N/A 40" Diameter, 26" Tall Circular concrete pedestal 13 W. Benchmark Rd. West End B - Slifer Smith Frampton Building N/A 40" Diameter, 26" Tall Circular concrete pedestal **Pedestals empty** Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Ancestral Totem Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 14 Junction North -E. Beaver Creek Blvd.Ancestral Totem frontconcrete and Steel 106" x 10" x 8"N/A 40" Diameter Cut stone Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display **Pedestal empty** Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 15 Junction West -E. Beaver Creek Blvd.EMPTY N/A 36" D X 32" W; 34" Tall Square stone veneer pedestal w/ nuetral sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Blackbird Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 16 Junction Parking Lot -E. Benchmark Rd.Blackbird patina'd and paintedsteel 72" x 24" x 24"N/A 60" Diameter; 42" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Wind Sprite Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 17 Christie Sports West -Parking Lot Wind Sprite Stainless steel and mildsteel 15' x 5' x 4.8'N/A 60" Diameter; 42" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Storming West Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 18 The Annex Parking Lot -E. Benchmark Rd.Storming West sandstone, metal, stone, concrete 49" x 14" x 10"N/A 35" D x 35" W; 32" Tall Square stone veneer pedestal w/ nuetral sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Petite Couleur Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 19 Christie Sports East -E. Benchmark Rd.Petite Couleur Steel & Enamel 96" x 48" x 36 N/A 60" Diameter; 42" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Eternal Echoes Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 20 The Annex Parking Lot -E. Benchmark Rd./ Beaver Creek Place Enternal Echoes Steel and Enamel 96" x 15" x 8"N/A 40" Diameter Square ground level concrete slab Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Balance of Power Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 21 Chapel Square Parking Lot - Center Balance of Power Bronze 174" x 46" x 60"N/A 111" D x 111" W; 42" Tall Square stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display **Pedestal empty** Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 22 Chapel Square Parking Lot / Urgent Care EMPTY N/A 48" Diameter; 42" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Waterspout Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 23 Chapel Square Sidewalk / Nozawa Water Spout acrylic and aluminum sheet 65" x 29" x 24"N/A 55" Diameter; 26" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Parts Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 24 Chapel Square Sidewalk / Fiesta's Parts Steel and OutdoorQuarry Sculpture Clay 80" x 36" x 30"N/A 52" Diameter; 40" Tall Circular stone veneer pedestal w/ red sandstone top Art Around Avon: Site Descriptions May 16, 2022 Google Map Image Currently on Display Feather Art Around Avon Program Location # | Priority Location Description Art Piece Title Material Size of Piece Steel Plate Size at Widest Point Base/Pedestal Size Base / Pedestal Material 25 Chapel Square Sidewalk / CoHabit Feather Steel, Bronze 79" x 19" x 36"N/A 40" Diameter Cut stone 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Danita Dempsey, CASE Manager RE: Art Projects in Avon DATE: March 30, 2022 SUMMARY: This report provides a written update on the temporary art installations planned for this Spring and Summer. There is no action required by Council. BACKGROUND: During the winter months, Staff work included further development and expansion of the temporary and permanent art installations. The art programs and installations planned for this spring and summer include the following: 1.Storm Drain Educational Decals 2.Art Around Avon Program 3.Historical Markers Below is a description of each of the above projects as well as a list of individuals who make up the Jury Panel for the Art Around Avon Program. I have an elevated level of confidence in the Jury Panel and their ability to not let their taste overwhelm their role and knowing that what some may find off-putting others will find interesting. 1.Storm Drain Educational Art Installation: The Call for Artist / Request for Qualification was released on November 30, 2020, with a January 15, 2021, deadline. Six (6) locations were identified, artists were selected, creative completed and decals delivered in the fall of 2021. Due to lead-time on materials, we were not able to install in summer of 2021. Therefore, this project was tabled until spring this year. The Storm Drain Education Art will be installed by no later than June 10th, 2022, and just in time for the second annual Art Around Avon Walk. There are six (6) decals and four (4) educational signs which are included and attached as Attachment A. 2.Art Around Avon Program: This program launched last year with nine (9) locations/sculptures. It is a mechanism for bringing art to Avon through temporary installations which are renewed/rotated out each year with minimal investment from the Town. New this year, the Town entered into multi- year license agreements with (1) Hoffman Commercial Properties/Arts of the Valley and (2) Avon Town Square Commercial Condominium Association to license a total of nineteen art pedestals with zero license fees. There are thirteen (13) art pedestals through the agreement with Hoffman Commercial Properties/Art of the Valley located in Avon’s “eastern core” and six (6) through the agreement with Avon Town Square Commercial Condominium Association located on W. Benchmark Road. With the addition of these two (2) licenses agreements plus Avon’s original nine (9) locations, the second annual Art Around Avon Program now includes up to twenty-six (26) locations for temporary sculpture installations representing an 200% growth! The Call for Artist / Request for Proposals (RFP) was released through an on-line artist application, selection, and jury process on February 14, 2022, and closed on March 28, 2022. Staff is happy to announce that we have received forty-three (43) submissions from twenty-one (21) artists, Attachment B 970-748-4065 ddempsey@avon.org representing approximately fifty-five (55) pieces for consideration in the second annual Art Around Avon Program. A selected group will jury the submissions through the on-line platform (CAFÉ) between March 29th and April 28th. The full timeline is provided in the RFP and attached as Attachment B. Assuming our second annual program enjoys the same success as last year, the artists call out would begin in December, deinstalls in late-May and re-installs at the beginning of June annually. Each year the new selections are presented to the community through the Art Around Avon Walk event supported by digital and printed walking-maps which are available year-round. With the unexpected opportunity and interest of Hoffman Commercial Properties which presented itself in January of this year, and support of Avon Town Square Condominium Association, the second annual Art Around Avon Program was propelled to twenty-six (26) locations. To that end, Staff will reevaluate the projected phases two (2) and three (3) and the locations presented in a February 16, 2021, Staff Report to Town Council and summarized below: Through collaboration with the Vail Valley Art Guild, Town Manager, Town Engineer, and Community Development, nine (9) exhibition locations were identified for installations along Avon Road and E. Benchmark Road in 2021 (Phase 1), four (4) exhibit locations in 2022 (Phase 2) in West Nottingham Park; and four (4) exhibit locations in 2023 (Phase 3) along the south side of Nottingham Lake and Metcalf Cabin. The total number of phased exhibition locations in the Art Around Avon program by June 2023 is seventeen. The West Nottingham Park Improvements (Phase 2) included installation of four (4) cut stone pedestals and therefore, will stay in the phasing plan. Staff anticipates the locations along the south side of Nottingham Lake and Metcalf Cabin (Phase 3) may be removed from consideration and will reevaluate this fall. Therefore, this could potentially result in the Art Around Avon Program being at capacity in year 2023 with a total of up to thirty temporary installations. That is, unless the program grows to include indoor exhibition spaces (i.e., Town Hall, and Recreation Center) and expanded mediums to include painting, photography, temporary murals, and the like. Jury Panel: A list of the individuals on the Jury Panel; and a short bio on those who are not employed by the Town or on the CASE Committee, is provided below. a. Andrew Pranger – Vail Valley Art Guild: “…over 15 years of arts education and experience including studying at The Centre for the Arts in Richmond, Virginia, Fine Art Painting at the University of Brighton in England (BA Hons), and a Master of Arts Leadership and Cultural Management at Colorado State University (to be completed Summer 21). I have been the President of the Vail Valley Art Guild since December 2017, currently sit on the ECSD Gifted Arts Student Selection Panel, and regularly show my work at galleries across the US and Europe." b. Melissa Macdonald-Nelson – Vail Valley Art Guild: “…former Executive Director of the Eagle River Watershed Council for seven years in Avon, has a long history in art. Starting 970-748-4065 ddempsey@avon.org with art classes as a child at the Cleveland Art Museum and studying more recently at the Denver Art Museum, Denver Art Students League and privately with numerous nationally known instructors, she is now a working artist. An extensive art collector, Ms. Nelson evaluated, bought, and sold paintings internationally starting in 2000. Today she is the Treasurer of the Vail Valley Art Guild.” c. Tara Novak – Vail Valley Art Guild: Mountain girl, artist, entrepreneur, and Vail Valley resident for over 25 years. Tara founded the art cooperative ARTSPaCE workshop+gallery in 2014. This space is Tara’s home studio, while also continuing to grow as a thriving hub for local artists and community collaboration. In 2019 Tara received the Town of Eagle’s “Community Impact Award” for her vitality building efforts creating the EagleARTS ARTWalk event in Historic Downtown Eagle. In 2020 and 2021, Tara was awarded public art projects in the Vail Valley – decoratively painting six benches in Avon and a utility box in Riverwalk in Edwards as part of a community vitality installation. d. Willow Murphy – Vail Valley Art Guild member, and a ceramic and mixed media artist living and thriving in Gypsum. Willow enjoys creating pieces that incorporate influences from nature, mythology, current events, and anything else that might catch her fancy. e. Lindsay Hardy – CASE Committee and Avon Town Council Member f. Doug Jimenez – CASE Committee Member and Hoffman Commercial Properties Representative g. Thomas Walsh – CASE Committee Member h. Ruth Stanley – CASE Committee Member i. Kathy Ryan – CASE Committee Member j. Justin Hildreth – Town Engineer k. Jenna Skinner – Planner II / Community Development Department l. Danita Dempsey – CASE Manager 3. Historical Markers – The concept for historic marker signs originated in the 2007 Main Street plans, whereby Lettuce Shed Lance was going to include 3-4 vertical banners signifying the area’s history. In 2018, a historic marker was installed on the Highway 6 Valley Trial opposite the Nottingham Powerplant (waterwheel). This project has evolved and flourished over the last 20-plus months working alongside Matt Pielsticker, Community Development Director, Councilor Underwood, Mayor Smith-Hymes and Eagle County historian Kathy Heicher. The project includes nine (9) locations in Avon where the Historical Markers will be installed early this summer. The sign would be installed and anchored with dual posts, at 45 degree viewing angle – see picture below depicting sign installation design. Two of the signs (#5 and #8) would be custom fabricated and affixed to a railing and fence. The sign faces measure 24” x36” to 30” x 40” depending on the sign location. Signs #4 and #7 are both larger format sign faces. 1. Avon Amusement Hall 2. Ancient Human History 970-748-4065 ddempsey@avon.org 3. Metcalf Cabin 4. Harry A. Nottingham Park (30” x 40”) 5. Avon’s Homestead 6. Avon’s Cash Crop 7. Hahnewald Barn (30” x 40”) 8. DRG Railroad 9. Avon’s Bridges The installation locations are provided on Attachment C and the corresponding imagery and text is provided and attached as Attachment D. We are closing in on the finish line looking forward to bringing this project to fruition! FINANCIAL CONSIDERATIONS: The 2022 Adopted Budget includes $20,000 for temporary art installations and $5,000 for the purchase of one sculpture from the 2021 Art Around Avon Program for a total of $25,000. An additional projected $20,760 is needed and will be proposed to Town Council for consideration in the April budget amendment. This additional expense is needed for the added materials and labor for the Art Around Avon Program nineteen (19) new locations (i.e., steel, plaques, labor hours from the Fleet Department for welding steel bases to pedestals and creating plaque stations and installing). Also, Staff did not accurately budget enough money ($5,000) to purchase one of the sculptures in the 2021 Art Around Avon. Therefore, this money will be used to help cover the added expense. Furthermore, the cost of steel, welding bases to pedestals and creating plaque stations for the nineteen (19) new locations are startup expenses and will not be incurred in 2023. Table 1 below identifies the current cost estimate for the additional materials and labor for the Art Around Avon Program. The Storm Drain Educational Art Decals were paid for in 2021, and the Educational Signs and Historical Markers are in the 2022 Adopted Budget. Art Installation Cost Estimate Art Around Avon Program 20,000$ Purchase Permanent Piece 5,000$ TOTAL 2022 Approved Budget 25,000$ Artist Stipend (17 add'l @ $900 + $1,100)16,400$ Plaques (17 add'l @ $80)1,360$ Estimate for Additional Materials and Labor 3,000$ Estimated Additional Expense 20,760$ Total Budget Needs 45,760$ Budget Shortfall 20,760$ 2022 Temporary / Permanent Art Installations Table 1 970-748-4065 ddempsey@avon.org This is an extremely exciting time! The Jury Panelist, CASE Committee and I are thrilled that Avon is taking additional steps to begin identifying itself as an “art community.” I will be providing updates to Town Council along the way. Thank you, Danita ATTACHMENTS: Attachment A – Storm Drain Educational Art Attachment B – RFP Call for Artists Art Around Avon Program Attachment C – Historical Marker Locations Attachment D – Historical Marker Final Proofs More than 40 million people downriver and countless species of wildlife, aquatic life and plant life rely on the water in the nearby Eagle River. It’s up to all of us to keep it clean. Please dispose of all trash and pet waste in the appropriate receptacles. Welcome to the Eagle River Watershed O NLY RAIN DOWN THIS DRAIN! ATTACHMENT A LOCATION: Riverfront Lane @ Eastern Entrance to Recreation Path Only RAIN Down this DRAIN Osprey Alsoknownasriverhawks thcsobirdsrelyoncieannver ecosystems for their diet of ,J~lf:;~llii;~ P~I n::~:;:;~r ~h~; ~~;~e;~~s e:~Gfll!;.'tJ2'j!if;,;::~:;,;..~I d~~~l~~n~~o~~~t~~~~~::~ habitatforospreyandlet onlyraingodownthisdrain Av on Whatever we put down the drain ends up in the river. Did you know that most storm drains flow directly into the river? ONLY RAIN DOWN THIS DRAIN! This drain flows through a pipe for about .25-mile before it empties into the Eagle River receiving no treatment along the way. LOCATION: 8FTU&OUSBODFUP3FD$FOUFS! Did you know that the gardens near this path help protect the Eagle River? These dips, also known as rain gardens, filled with plants and rocks capture water and pollutants before they enter the storm drains, such as: O NLY RAIN DOWN THIS DRAIN! Oil & Salt Trash & Debris Pesticides & Herbicides This is important because this storm drain leads directly into the Eagle River. LOCATION: Main Street Mall Near Prater Lane O nly RAIN Down this DRAIN GrttnWin~T eal This migrating -~ ~~ ... dependsonllealttly ~andwetl!lnd habitats for food and shelter.Thisdrain flows directly into th& EagteRiver.Helpus protect the river's clean water and tel ontyrain}:;:,~thi$ Av on Have you heard of rain gardens? O NLY RAIN DOWN THIS DRAIN! They capture water that runs off of roads and parking lots, helping to filter out pollutants like oils, salts, trash and other debris that can be harmful to our rivers and streams. Gardens like this also help to store water during heavy rainstorms. They slowly release water back to the river and protect sensitive habitats from erosion. Polluted runoff is the #1 threat to drinking water supplies, according to the Environmental Protection Agency. So remember... LOCATION: Sun Road & W. Beaver Creek Blvd. rtonh..lme<lcanl!accoon c.oou.'""""""" _____ ,.,......~--.. _ .. ......_ ..... _ ----------.--... -~-.------.-.. ______ ... ,,..,_ .. __ _ Artist Call Out / Request for Proposal Art Around Avon Project 2022 Page 1 of 3 CALL FOR SCULPTURE ARTISTS / REQUEST FOR PROPOSAL TOWN OF AVON ART AROUND AVON PROGRAM for 2022 The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists for the Art Around Avon Program to promote the display of visual art throughout the Town of Avon community for the benefit of residents and visitors. This is a project of the Avon Town Council and the Cultural, Arts & Special Events (“CASE”) Committee. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity, and livelihood in the community. The presence of and access to public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. Overview: The Art Around Avon is a new program with the goal of selecting up to twenty-six (26) visual art pieces for installation in pre-determined outdoor spaces in early June 2022. Selected artists will be engaged by the Town and paid a $900 stipend except for the artist selected for location #1 – see below; the stipend for this selection is $2,000. The selected artist’s work will be on exhibition in an outdoor location for up to twelve (12) months during which time the artist may make the work available for sale. The Town shall produce and distribute materials regarding the work for marketing purposes, including photographs of the work for publicity or study. The Town shall retain 20% of the gross sale price of the selected artist work on exhibition in the Town through the Art Around Avon program. If an artist’s work is sold during the exhibition period, the work shall be removed after the decommission date. Project Intent: To further establish the Art Around Avon Program to become an annual, year-long exhibition showcasing outdoor sculptures in visible places around the Town. Project Budget: Selected artists shall be paid a $900 stipend per piece of work selected except for the artist selected for location #1 – see below; the stipend for this selection is $2,000. The artist shall perform all services and furnish all supplies, material, and equipment as necessary for the design, execution and fabrication of the work including transportation of the work to and from the installation site. Site Description: Various visible outdoor locations in highly trafficked areas in the Town along main roadways, Main Street Mall, Nottingham Park, and playgrounds. Of high significance and priority is location #1 on Avon Road, round-about #4, at the conjunction of E. Benchmark Road and W. Benchmark Road. This location is considered the “Town Center” and will demand a more prominent work with the ability to be seen by pedestrians from across Avon Road. Proposed work for this location must be a minimum of 12’ tall and a maximum of 20’ tall on a concrete circular pedestal measuring 13’ in diameter. The ground level base or platform, and/or raised pedestal for the work is provided by the Town and will be either reinforced concrete or cut stone with or without a steel plate; and, based off location of the installation. Attachment A provides the type of material for the base/platform, pedestal, etc., space size, size restrictions and/or requirements for work, and imagery or links to imagery. ATTACHMENT B Artist Call Out / Request for Proposal Art Around Avon Project 2022 Page 2 of 3 Eligibility: 1. The Request for Proposals is open to all artists and artist teams residing and working in Colorado. 2. All applicants must be 18 years of age or older and have all necessary documentation and permits to work in the United States at the time of submittal. 3. Applicants must be able to complete and transport work on June 9th or 10th, 2022. 4. Applicants must be able to pick up work between May 29th and June 5th, 2023. 5. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes. Requirements of Work: 1. Safe for pedestrians. 2. Of appropriate scale for street display. 3. Able to withstand high winds and/or substantial temperature changes. 4. Easy to maintain in an outdoor mountain environment. 5. Freestanding but attachable to cut stone pedestal, steel mounting plate, or reinforced concrete pedestal (provided by the Town) for exhibit purposes. Application & Selection Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM, to manage artist application and selection processes for the Art Around Avon program. Application shall include: 1. Artist and/or Artist Team Contact: Upload complete and accurate contact information. 2. Proposal: a. Include two (2) to five (5) digital images for each piece of work being proposed. b. Project statement describing your approach and intention for the work. c. Special display and installation requirements for each piece of proposed work. d. Artist may submit up to six (6) applications. One application per proposed piece of work. Each application must include a minimum of two (2) and a maximum of five (5) digital images for each piece of work being proposed. 3. References & Past Work: Three (3) relevant project references to include the following for each project: a. Main contact: Name, Organization, Email and Phone Number. b. Scope and description of project. c. Project budget. d. Project timeline. e. Project location. f. Each piece of reference work must include a minimum of one (1) digital image and maximum of three (3) digital images for each referenced work. g. Reference work imagery must be labeled to clearly identify the imagery as referenced work. For example: i. Reference Work A Image #1; Reference Work A Image #2; Reference Work A Image #3. Artist Call Out / Request for Proposal Art Around Avon Project 2022 Page 3 of 3 ii. Reference Work B Image #1, Reference Work B Image #2, etc. 4. All selected artists must execute a copy of the Art Around Avon Agreement – See Attachment B. 5. Anticipated Timeline: • Artist Call for entry: February 14, 2022 • Deadline for entry: March 28, 2022 • Proposed selection notification: April 29, 2022 • Installation of work: June 8, 9 and/or June 10, 2022 • Exhibition period for work: June 10, 2022, through May 29, 2023 • Art Around Avon Walk: June 10, 2022 • Decommission and removal of work: May 29 through May 31, 2023 • Disposal deadline: June 5, 2023 The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals. The Town has no obligation to select or use the services of any consultant submitting a Request for Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at ddempsey@avon.org, (970) 748-4065. Art Around Avon | Site Descriptions February 14, 2022 Art Around Avon Attachment A: Site Descriptions February 14, 2022 Danita Dempsey | Cultural, Arts & Special Events Manager Art Around Avon: Site Descriptions February 14, 2022 #1 Avon Road | Center of RAB #4 #3 Avon Road | RAB #3 NW Corner Google Map Image Google Map Image #2 Avon Road | RAB #3 SW Corner Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 1 Avon Road - Center of Round-About (RAB) #4 Reinforced concrete circular pedestal 13' Diameter N/A 13' Diameter Up to 6,500 lbs. 2 Avon Road - RAB #3 SW Corner Cut stone pedestal w/ steel plate set on brick pavers 12" Tall 35" D, 37" W 10' D x 17' W Up to 150 lbs. 3 Avon Road -RAB #3B NW Corner Cut stone pedestal w/ steel plate set on reinforced red sandstone 21" Tall 32" D, 41" W 10' D x 11' W Up to 1,400 lbs. Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #4 Avon Road | RAB #4 SE Corner Raised Platform #5 E. Benchmark Road & Beaver Creek Place NE Corner #6 E. Benchmark Road City Market Bus Stop Google Map Image Google Map Image Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 4 Avon Road - RAB #4 SE Corner Raised Platform Reinforced concrete platform N/A N/A 14' D x 14' W Up to 600 lbs. 5 E. Benchmark Road & Beaver Creek Place / NE Corner Cut stone pedestal w/ steel plate set on brick pavers 8" Tall 53" D, 47" W 9.5 D' x 16' W Up to 150 lbs. 6 E. Benchmark Road @ City Market Bus Stop Cut stone pedestal 12" Tall N/A 6' D x 6' W Up to 150 lbs. Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #8 E. Benchmark Road | Bus Stop Google Map Image #9 Avon Road | RAB #4 NE Corner Google Map Image #7 Avon Road | RAB #4 SW Corner Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 7 Avon Road - RAB #4 SW Corner Cut stone pedestal w/ steel plate set on brick pavers 10" Tall 36" D, 45" W 9' D x 16'.5" W Up to 150 lbs. 8 E. Benchmark Road / Bus Stop Cut stone pedestal w/ steel plate set on brick pavers 10" Tall 64" D, 51" W 14' D x 22' 5" W Up to 150 lbs. 9 Avon Road - RAB #4 NE Corner Cut stone pedestal w/ steel plate set on brick pavers 14" Tall 37" D, 50" W TBD Up to 150 lbs. Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #11 W. Benchmark Road Google Map Image #12 W. Benchmark Road Google Map Image #10 W. Benchmark Road Google Map Image #13 W. Benchmark Road Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 10 W. Benchmark Rd. East End A - Slifer Smith Frampton Building Circular concrete pedestal 40" Diameter, 26" Tall N/A N/A Up to 150 lbs. 11 W. Benchmark Rd. East End B - Slifer Smith Frampton Building Circular concrete pedestal 40" Diameter, 26" Tall N/A N/A Up to 150 lbs. 12 W. Benchmark Rd. West End A - Slifer Smith Frampton Building Circular concrete pedestal 40" Diameter, 26" Tall N/A N/A Up to 150 lbs. 13 W. Benchmark Rd. West End B - Slifer Smith Frampton Building Circular concrete pedestal 40" Diameter, 26" Tall N/A N/A Up to 150 lbs. Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #15 Junction W. Google Map Image #16 Junction Lot Google Map Image #14 Junction N. Google Map Image #17 Christie Sports Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 14 Junction North - E. Beaver Creek Blvd.Cut stone 40" Diameter N/A 40" Diameter TBD 15 Junction West - E. Beaver Creek Blvd. Square stone veneer pedestal w/ nuetral sandstone top 36" D X 32" W; 34" Tall N/A 36" D X 32" W; 34" Tall TBD 16 Junction Parking Lot - E. Benchmark Rd. Circular stone veneer pedestal w/ red sandstone top 60" Diameter; 42" Tall N/A 60" Diameter; 42" Tall TBD 17 Christie Sports West - Parking Lot Circular stone veneer pedestal w/ red sandstone top 60" Diameter; 42" Tall N/A 60" Diameter; 42" Tall TBD Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #20 E. Benchmark Google Map Image #21 Chapel Square Google Map Image #19 E. Benchmark Google Map Image #18 Annex Lot Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 18 The Annex Parking Lot - E. Benchmark Rd. Square stone veneer pedestal w/ nuetral sandstone top 35" D x 35" W; 32" Tall N/A 35" D x 35" W; 32" Tall TBD 19 Christie Sports East - E. Benchmark Rd. Circular stone veneer pedestal w/ red sandstone top 60" Diameter; 42" Tall N/A 60" Diameter; 42" Tall TBD 20 The Annex Parking Lot - E. Benchmark Rd./ Beaver Creek Place Square ground level concrete slab 40" Diameter N/A 40" Diameter TBD 21 Chapel Square Parking Lot - Center Square stone veneer pedestal w/ red sandstone top 111" D x 111" W; 42" Tall N/A 111" D x 111" W; 42" Tall TBD Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #25 Chapel Square Google Map Image #24 Chapel Square Google Map ImageGoogle Map Image #22 Chapel Square Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 22 Chapel Square Parking Lot / Urgent Care Circular stone veneer pedestal w/ red sandstone top 48" Diameter; 42" Tall N/A 48" Diameter; 42" Tall TBD 23 Chapel Square Sidewalk / Nozawa Circular stone veneer pedestal w/ red sandstone top 55" Diameter; 26" Tall N/A 55" Diameter; 26" Tall TBD 24 Chapel Square Sidewalk / Fiesta's Circular stone veneer pedestal w/ red sandstone top 52" Diameter; 40" Tall N/A 52" Diameter; 40" Tall TBD 25 Chapel Square Sidewalk / CoHabit Cut stone 40" Diameter N/A 40" Diameter TBD Art Around Avon Program ATTACHMENT B: ART AROUND AVON AGREEMENT between THE TOWN OF AVON And [_______________________] i Information about the Town’s Art Around Avon Program in the Town of Avon (for informational purposes only) Background. The Town of Avon (“Town”) established the Town of Avon Art Around Avon in 2021 to promote the display of visual art throughout the Avon community for the benefit of residents and visitors. Art Around Avon Application Process. The Town uses the web-based service, CallforEntry.org™, also known as CaFÉ™, to manage Artist application and selection processes for the first annual Art Around Avon Street exhibition. Artists must upload contact information, digital images of their work, the weight, height and depth of the work, the price of the work, and all special display and installation requirements for each entry. The deadline for entries is March 28, 2022. Town selects up to ten sculptures for exhibition and will make its selections by approximately April 29, 2022. Town will pay selected artists a $900.00 honorarium at installation except for the artist selected for location #1 as described in the Request for Proposal (“RFP”); the stipend for this selection is $2,000. All selected artists must execute a copy of this Art Around Avon Agreement. Requirements of Work. 1. Safe for pedestrians 2. Of appropriate scale for street display. 3. Able to withstand high winds and/or substantial temperature changes. 4. Easy to maintain in an outdoor mountain environment. 5. Freestanding but attachable to cut stone pedestal, brick pavers, reinforced concrete pedestal, sandstone, steel base or mounting plate (provided by the Town) for exhibit purposes. ii TABLE OF CONTENTS 1. Art Around Avon INSTALL, DISPLAY, & REMOVAL ........................................................................ 1 (a) Generally ............................................................................................................................. 1 (b) Consistency of Work with Artist’s Proposal .......................................................................... 2 (c) Delivery and Installation of Work ......................................................................................... 2 (d) Marketing, Sale, & Donation of Work ................................................................................... 3 (e) Decommission & Removal of Work ..................................................................................... 3 (f) Risk of Loss ......................................................................................................................... 3 (g) Waiver of Rights Under Visual Artists Rights Act of 1990 (“VARA”) ..................................... 3 2. COORDINATION AND LIAISON ...................................................................................................... 3 3. WARRANTIES REGARDING THE WORK ....................................................................................... 4 4. SUBJECT TO LOCAL LAWS; VENUE ............................................................................................. 4 5. INSURANCE .................................................................................................................................... 4 6. INDEMNIFICATION .......................................................................................................................... 4 7. NO THIRD-PARTY BENEFICIARY ................................................................................................... 4 8. NOTICES .......................................................................................................................................... 5 9. SEVERABILITY ................................................................................................................................ 5 10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS................................................................... 5 11. AUTHORITY TO ENTER INTO AGREEMENT ................................................................................. 5 12. COUNTERPARTS OF THIS AGREEMENT ..................................................................................... 5 1 2022 Art Around Avon Agreement THIS AGREEMENT is made and entered into this ______ day of ___________ 2022, by and between the Town of Avon, a home rule municipality and political subdivision of the State of Colorado (“Town”) and the undersigned artist, ______________, whose address is _________________________________ (“Artist”). RECITALS A. In 2021, the Town established the Art Around Avon art program, which is an annual, year- long street exhibition showcasing outdoor sculptures in visible places around the Town of Avon. B. Artist applied in response to the Town’s “Call for Entry” for this year’s Art Around Avon exhibition, including Artist’s contact information, digital images of the artwork, weight of the artwork, price of the artwork, and all special display and installation requirements for the artwork (collectively, the “Proposal”). C. Artist has been selected by the Town to design, execute, fabricate, deliver and install the artwork, consistent with the Proposal and as ultimately conceived, designed, fabricated, transported, delivered, engineered for installation, and ultimately installed by Artist (the “Work”) in accordance with the Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated into this Agreement by this reference. D. A depiction of and title to the Work, so given by the Artist, is attached to this Agreement as EXHIBIT B and incorporated into this Agreement by this reference. E. Artist seeks to install the Work, consistent with the Proposal, at a Town-selected Street display site within the Town of Avon (the “Site”) as part of the Art Around Avon exhibit period, and the Town seeks to pay Artist a $900.00 honorarium. AGREEMENT In consideration of the premises and the mutual covenants herein contained, and subject to the terms and conditions hereinafter stated, the Town and Artist agree as follows: 1. INSTALL, DISPLAY, & REMOVAL. (a) Generally. (i) Artist shall perform all services and furnish all supplies, material and equipment as necessary for the design, execution and fabrication of the Work, and shall, either directly or through qualified sub-consultants, undertake the transportation of the Work to the Site. 2 (ii) The Work shall be committed to the Town for the duration of the Art Around Avon, the Town exhibit period, even in the event of a sale. (b) Consistency of Work with Artist’s Proposal. (i) After the Town’s written approval of the Proposal, Artist shall complete the fabrication and transportation of the Work in conformity with the Proposal. (ii) Artist shall present to the Town in writing for further review and approval any significant changes in the scope, design, color, size, material or texture of the Work. If there is a significant change to the Work, as determined in the Town’s sole discretion, or if Artist seeks to substitute the artwork described in the Proposal with different artwork, the Town may elect not to include Artist in the Art Around Avon exhibit and terminate this Agreement. (c) Delivery and Installation of Work. (i) Artist is responsible for ensuring that the Work is made to be installed for public display, including ensuring that the Work is safe for pedestrians, of appropriate scale for street display, able to withstand high winds and/or substantial temperature changes, easy to maintain in an outdoor mountain environment, and freestanding but attachable to concrete pedestal, steel base, or mounting plate (provided by the Town) for exhibit purposes. (ii) Artist shall identify to the Town all special display and installation requirements for welding or bolting the Work to a concrete pedestal, steel base, or mounting plate for exhibit purposes. (iii) Artist shall deliver the Work for installation to the Town designated Site in accordance with the Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated into this Agreement by this reference. (iv) The Town shall pay Artist a nine hundred-dollar ($900.00) honorarium. The Town shall pay Artist a two thousand ($2000.00) for location #1. (v) The Town shall install the Work, with all necessary assistance and support from Artist as required by the Town. The Town reserves the right to make all installation and placement decisions and to make emergency repairs to the Work, when necessary, as determined by the Town in its sole discretion. (vi) The Town shall install signage for the Work to identify Artist, the Work’s title, if any, and the Work’s price, in accordance with the Proposal. (d) Marketing, Sale, & Donation of Work. (i) Town shall produce and distribute informational materials regarding the Work for marketing purposes, including photographs of the Work for publicity or study. (ii) The purchase price for any sale shall be consistent with the price listed in Artist’s proposal unless Artist has provided sixty (60) days’ advance written notice to the Town of a price increase or decrease for the Work. 3 (iii) In the event of a sale of the Work during the exhibit period or ninety (90) days following the exhibit period, the Town will act only as an agent for the collection and distribution of the proceeds of the sale; and the sale is between the purchaser and the Artist and all state and local sales taxes are applicable. The Town shall receive the full purchase price from the purchaser, and the Town shall then remit to Artist the purchase price less the Town’s commission of 20% of the purchase price. (iv) In the event either Artist or a third party seeks to donate the Work to the Town, Artist, Town, and any such third-party shall enter into a donation agreement. (e) Decommission & Removal of Work. (i) Upon conclusion of the Art Around Avon exhibit period and by the Decommission & Removal Deadline set forth on EXHIBIT A, Artist shall decommission and remove the Work. (ii) If Artist fails to remove the Work by the Decommission & Removal Deadline, the Town may decommission, remove, and store the Work, without liability whatsoever, in an interim storage area selected by the Town in its sole discretion. If Artist does not remove the Work from the interim storage area on or before the Disposal Deadline set forth on EXHIBIT A, the Work shall automatically become the property of the Town at no cost to the Town, and the Town may donate, sell, or otherwise dispose of the Work. (f) Risk of Loss. The risk of loss or damage to the Work shall be borne by Artist during delivery and installation of the Work, and Artist shall take such measures as are necessary to protect the Work from loss or damage. (g) Waiver of Rights Under Visual Artists Rights Act of 1990 (“VARA”). Artist understands and agrees that, as to his or her rights in the Work, the provisions of this Agreement shall supersede the provisions of the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §101 et. seq., as amended, including but not limited to §106A(a) and §113, as to the Work, and that execution of this Agreement by Artist shall constitute a waiver by Artist, as permitted in 17 U.S.C. §106A(e), as amended, of any and all rights or protections in the Work, and any uses of the Work whatsoever, set out in or otherwise granted by 17 U.S.C. §101, et seq., as amended, including but not limited to §106A(a) or §113, or otherwise in the nature of "Droit Moral" under which artists claim an interest in the Work. Artist understands that, despite the Town’s commitment not to intentionally damage, alter, or modify the Work without the prior written approval of Artist, installing, exhibiting, removing, or storing the Work may subject the Work to destruction, distortion, mutilation, or other modification. 2. COORDINATION AND LIAISON Town orders and directs all services under this Agreement and, until otherwise notified by the Town Council, is designated as the authorized representative of the Town through whom services performed under this Agreement shall be coordinated. Artist agrees that during the term of this Agreement, Artist shall fully coordinate all work hereunder as directed by the Town and other the Town agencies or departments. 4 3. WARRANTIES REGARDING THE WORK Artist represents and warrants to the Town that: the Work is available for purchase; the Work is solely the result of Artistic effort of Artist; the Work is unique and original and does not infringe upon any copyright; the Work is free and clear of any liens or claims from any source whatsoever; the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of “inherent vice” or qualities which cause or accelerate deterioration of the Work; the Work is professionally constructed of durable materials; the Work does not have easily damaged parts, is suitable for indoor and/or outdoor public display, and is constructed in a manner to avoid potential liability, safety risks to the general public, or maintenance (except cleaning). 4. SUBJECT TO LOCAL LAWS; VENUE The provisions of Colorado law, the Town of Avon Home Rule Charter, the Town of Avon Municipal Code, ordinances, and regulations, as the same may be amended from time to time, are hereby expressly incorporated into this Agreement as if fully set out herein by this reference. Venue for any action arising hereunder shall be in Eagle County, Colorado. 5. INSURANCE The Town and Artist stipulate and agree that the value of the Art is $[__________]. The Town shall insure the Art against loss or damage to the Art itself, but only up to that stipulated value. The Town shall not, however, insure Artist against any third-party claims arising out of or connected with the Art or Artist's activities under this Agreement – any such insurance shall be the sole responsibility of Artist. 6. INDEMNIFICATION Artist shall defend, release, indemnify and save and hold harmless the Town against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the Town, and shall defend, release, indemnify, and save and hold harmless the Town from any and all claims, demands, suits, liabilities, actions, causes of action, or legal or equitable proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of Artist’s activities in connection herewith, including acts or omissions of Artist or his or her officers, employees, representatives, suppliers, invitees, licensees, subconsultants, contractors, and agents; provided, however, that Artist need not indemnify and save harmless the Town, its officers, agents, and employees from damages proximately resulting from the sole negligence of the Town’s officers, agents, and employees. This indemnity clause shall also cover payment of the Town’s defense costs in the event that the Town, in its sole discretion, elects to provide its own defense. 7. NO THIRD-PARTY BENEFICIARY It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Artist, and nothing contained in this Agreement shall give or allow any such claim or right of 5 action by any other or third person on such Agreement. It is the express intention of the Town and Artist that any person or entity other than the Town or Artist receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 8. NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if hand-delivering, mailing or e-mailing as follows: If to the Town: Town of Avon Town Hall ATTN: Danita Dempsey P.O. Box 975 100 Mikaela Way Avon, Colorado 81620 Email: ddempsey@avon.org If to Artist: The address first above written. 9. SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is held by the Courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS The parties understand and agree that all terms, conditions and covenants of this Agreement, together with the exhibits hereto, any or all of which, by reasonable implication, contemplate continued performance or compliance beyond the expiration or termination of this Agreement (by expiration of the term or otherwise), shall survive such expiration or termination and shall continue to be enforceable as provided herein for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period. 11. AUTHORITY TO ENTER INTO AGREEMENT The person or persons signing and executing this Agreement on behalf of Artist, do hereby warrant and guarantee that he/she or they have been fully authorized by Artist to execute this Agreement on behalf of Artist and to validly and legally bind Artist to all the terms, performances and provisions herein set forth. 12. COUNTERPARTS OF THIS AGREEMENT This Agreement shall be executed in counterparts, each of which shall be deemed to be an original of this Agreement. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TOWN: By: Name: (please print) ARTIST: By: Name: (please print) 7 EXHIBIT A Major Dates Schedule 1. Artist Call for entry: February 14, 2022 2. Deadline for entry: March 28, 2022 3. Proposed selection notification: April 29, 2022 4. Installation of work: June 8, 9 and/or June 10, 2022 5. Exhibition period for work: June 10, 2022, through May 29, 2023 6. Art Around Avon Walk: June 10, 2022 7. Decommission and removal of work: May 29 through May 31, 2023 8. Disposal deadline: June 5, 2023 8 EXHIBIT B Depiction & Title of the Work As provided by artist in application AVON AMUSEMENT HALL ​Early​day​Avon​residents​understood​hard​work.​Transforming​semi-arid​fields​of​native​vegetation​into​irrigated​farms​and​ranches ​ required​ingenuity,​determination,​and​grueling​manual​labor.​Those​industrious​pioneers​also​needed​social​interaction,​and​they ​ recognized​the​value​of​community​gatherings.​ For​many​years​after​the​arrival​of​the​homesteaders​in​the​1880s,​Avon​was​a​collection​of​scattered​ranches.​The​area​near​the ​ confluence​of​Beaver​Creek​and​the​Eagle​River​was​the​closest​thing​to​a​town​center​for​miles​around.​It​was​home​to​George ​ Townsend’s​original​stagecoach​stop,​Stephen​Bivan’s​general​store,​and​the​railroad​depot.​​Avon’s​one-room​schoolhouse​was ​ the​community​gathering​place,​but​the​small​building​offered​limited​space,​particularly​when​neighbors​in​Edwards​and​Minturn ​ participated​in​social​events.​​ That​situation​prompted​local​residents​to​create​the​Avon​Amusement​Association​(AAA)​in​the​summer​of​1905​“to​perpetuate​the ​ social​spirit​which​exists​in​the​neighborhood,​for​mutual​improvement​and​sociability.”​The​AAA​sold​shares,​raising​enough​within​six ​ months​to​build​a​bare-bones​auditorium​at​the​base​of​the​gypsum​cliffs,​across​the​road​from​the​general​store.​​It​was​an​immediate ​ success​and​went​by​a​variety​of​names:​the​Avon​Hall,​the​Avon​Auditorium,​the​Avon​Amusement​Center,​or​simply​the​AAA.​​​​ After​20​years​of​school​programs,​theater​productions,​dances,​masquerade​balls,​fraternal​organization​meetings,​picnics​ and​ice​cream​socials,​enough​money​was​raised​to​build​a​new​foundation​in​1925​and​a​kitchenette,​cloak​room,​and​brick​ chimneys​a​year​later.​​ In​1927,​when​state​improvements​to​Highway​6​were​routed​through​the​front​of​the​building,​community​leaders​Harry​A.​Nottingham ​ and​William​Gustafson​convinced​the​Eagle​County​commissioners​to​move​the​building​10​feet​back​from​the​new​road.​​ The​AAA​remained​the​hub​of​social​and​civic​activity​for​another​20​years​and​is​a​reflection​of​its​time:​eighth​graders​held​ oration​contests,​dances​benefitted​the​Avon​baseball​team,​and​associations​of​cattlemen​and​lettuce​growers​convened​ their meetings there. This​chapter​of​Avon’s​history​was​ended​when​the​building​was​demolished​in​1948​to​make​room​for​another​widening​of​Highway​6. The​Avon​Amusement​Association,​ circa​1930,​is​located​on​the​left.​ The Avon general store is on the right.​(Photo​courtesy​of​Eagle​ County​Historical​Society​and​Eagle​ Valley Library​District) ATTACHMENT D - FINAL PROOFS LOCATION #1 ANCIENT HUMAN HISTORY A young man of the Utes (Nuche) with his horse. A wickiup, which served as a temporary shelter, is pictured to the right. (Photo courtesy of Denver Public Library Western History Collection) Long before the trappers, miners and homesteaders arrived in the mid to late 1800s, the mountainous terrain of the Eagle River corridor, including the Avon area, was Ute (Nuuchu) territory. Archaeological evidence verifies that these Native American hunter-gatherers inhabited the region for more than 10,000 years until their expulsion from Western Colorado in 1882. Artifacts and prehistoric features found locally tell the story of centuries of daily life: stone tools and projectile points; fences made from tree branches and brush to funnel game to hunters; campsites and wickiups – shelters made of woven pinion and juniper branches; food remains, fire pits and burial sites. After acquiring horses from the Spanish in the 17th century, these animals became central to the Ute lifestyle. Twenty-five miles down valley in Brush Creek, evidence of a Ute horse racing track has been identified. The presence of Utes in the Eagle Valley was first officially noted by the Escalante Expedition in 1776. Mountain men encountered bands of Utes camped in the valley in the 1860s. The Utes sometimes tolerated the intruders, but at other times chased them away and confiscated the animal hides that the mountain men had collected. Early Anglo- European pioneers often followed Ute foot trails to access remote reaches of Ute territory to stake their own mining or homestead claims. Many of these foot trails were transformed into roads by the influx of thousands of newcomers seeking their fortunes in the Mountain West. Legend has it that Battle Mountain, located about 15 miles southeast of Avon along Highway 24, earned its name from a fierce battle in 1868 between the Utes and the Plains Arapaho who made summer incursions into the area. In response to hostile encounters and increasing demand for mines and homesteads, newspapers and politicians adopted the slogan, “The Utes Must Go!”. Starting in 1863, a series of treaties between the government and the Utes restricted the native people to increasingly smaller territories. Tensions peaked in 1879 with the Meeker Massacre in northwest Colorado. Resentful Utes rebelled against and killed reservation agent Nathan Meeker and others, further fueling the political demand that the Utes be removed from their native territory. There is no official record documenting the removal of the Utes from the Avon area and the Eagle River Valley. However, by 1882 political policies and treaties forced the Utes from their historic territory and onto a reservation in Utah. LOCATION #2 JOHN C. METCALF FAMILY CABIN John Conard Metcalf was one of Eagle County’s earliest non-native settlers. He was ranching in South Park, Colorado in 1881 when he and a small party of adventurers ventured over the mountain passes into the Eagle River Valley. After several weeks of exploring, Metcalf found an appealing parcel of level land in what is now the heart of Avon. The following spring, Metcalf returned to this valley with his 19-year-old wife, Elizabeth (Lizzie), their two-month-old son, his wife’s grandfather, and several other men. The group, traveling in a horse-drawn covered wagon with extra saddle horses, a small cattle herd, and a milk cow, spent six weeks traveling from Breckenridge to Avon, arriving on May 14, 1882. The same trip would take about an hour today. Temporary quarters were set up in a tent while the able-bodied men cut logs for a cabin, which Metcalf situated just northeast of where West Beaver Creek Boulevard crosses the Eagle River today. That first sod-roofed cabin, built of unpeeled logs about 16 inches in diameter, measured 20 by 20 feet. Entrance through the wooden door was gained by pulling up a wood bar with a buckskin latch string. The latch could be pulled inside at night to lock up. The solitary window featured eight panes of wavy glass, which in the years to come the three Metcalf children would remember refracting the light into rainbows. Heavy canvas covered the hard-packed earthen floor. While many pioneer cabins offered only logs to sit on, the Metcalfs enjoyed actual chairs, the worn rattan seats covered with deer hide. In 1887, the railroad reached Avon. The new depot was nearly one mile east of the cabin, but the tracks were laid so close to their home that the Metcalfs feared for their children’s safety. They built another cabin in 1887, a quarter mile away. The original Metcalf cabin was used to house the first school in Avon. On June 2, 1890, John Metcalf filed homestead claims on 240 acres of land at Avon. He added another 160 acres on August 18, 1893.The men who came to the valley with Metcalf settled farther down valley, near Eagle. All became prominent in the county. Metcalf was one of the first three county commissioners when Eagle County was established in 1883. Like most pioneers, John Metcalf was restless, always seeking new adventure. In 1896, he was drawn to Alaska by the Klondike Gold Rush. He disappeared in Alaska and was declared dead in 1898 at the age of 47. Lizzie and the children moved to her parents’ prosperous ranch in Eagle. Lizzie Metcalf died in 1908 and is buried in Edwards. The Avon pioneer family’s name lives on in Metcalf Creek, Metcalf Road, Metcalf Gulch, and their cabin which was moved to its current location in Harry A. Nottingham Park in 1984. The Metcalf family, circa 1890, were some of Avon’s earliest pioneers. From left are Lizzy Metcalf, children Emma, John and Amy, and John Conard Metcalf. (Photo courtesy of Eagle County Historical Society and Eagle Valley Library District) LOCATION #3 Harry, Marie, and daughter Winifred with his Haynes automobile, circa 1916. Harry A. Nottingham, circa 1955 after irrigating at Colorado State University’s experimental farm, known locally as “the college farm,” which is now EagleVail. Harry A. Nottingham (1890 – 1966). HARRY A. NOTTINGHAM PARK Harry Arnold Nottingham was the hard-working son of a pioneer family that rolled into the mining camps of Eagle County in a covered wagon in 1882 during the silver mining boom. In 1886, Harry’s parents, William and Angeline, paid $800 for a 160-acre homestead on the north side of the Eagle River where Eagle Vail sits today. The Nottinghams initially split their time between the Battle Mountain mining camps and their down-valley homestead, raising five children. Harry was born July 8, 1890 at Bell’s Camp, located between Gilman and Minturn. By the mid-1890s, the Nottinghams were well-established cattle ranchers in what is now Avon. Harry’s father, William, continuously expanded the ranch by acquiring adjacent properties where they raised cattle, oats, wheat, and hay. Working on the ranch precluded Harry from schooling after the eighth grade. Notoriety dogged William, who had a history of aggression and litigation. He was killed in a gun fight with his business partner in 1896. Twenty years later, the family matriarch, Angeline, split the Nottingham property among William’s three sons, Clyde, Harry, and Emmett. Scandal would later force Clyde to leave the area. On Jan. 2, 1909, Harry eloped with W. Marie Cole, daughter of the Avon railroad station agent, who objected to the marriage and to the Nottingham family in general. The couple sneaked off to a wedding ceremony in Leadville, travelling separately by train. Harry proved to be a stable husband, industrious farmer and rancher, and engaged community leader. Harry and Marie had six children: Winifred, Clare, Harry Arnold Jr., Carol, Mauri and Allan. Harry served on the school board for 28 years, participated in the local stockmen’s and grower’s associations, and managed the Avon-Minturn baseball team. In 1933, he was elected Eagle County Commissioner, campaigning on promises of careful use of tax money and improvement of County roads. With the exception of one term, Harry Nottingham served as a commissioner continuously for 32 years. He was a progressive, promoting good roads, better bridges, and development of a County airport. In 1941, Harry cut the ceremonial ribbon for the opening of the new highway over Vail Pass. It was Harry who first suggested naming the pass after State Highway Engineer Charles Vail. While dedicated to his county job, Harry ran a productive ranch in Avon raising cattle, sheep, hay, oats, potatoes, and row crops such as head lettuce and peas. He typically rose at 4 a.m. to irrigate fields or tend livestock and crops before returning home to dress in a suit, happily motor to Eagle in his automobile, and tend to commissioner business. Harry retired from public life in 1964 and died in 1966 at the age of 76. Harry and Marie’s sons, Arnold and Allan, continued ranching in Avon until 1972 when their extensive land holdings were sold for development. Those lands became the Town of Avon when the municipality was incorporated on May 5, 1978. This park, a beloved community gathering place since 1979, is named after Harry to honor his life-long service to this community. (Photos courtesy of the Mauri Nottingham Collection) LOCATION #4 AVON’S HOMESTEAD Before Avon became a bustling resort community, this was farm and ranch country. Just a few families made a living on the land that is now home to well over 6,000 people. The Homestead Act, signed by President Abraham Lincoln on May 20, 1862, granted 160-acre plots of public land for the price of a small filing fee and the promise to build a dwelling and cultivate the land. This law spurred Western migration by giving people the opportunity to become landowners. The success of homesteading in Colorado, granted statehood on July 4, 1876, displaced the native Utes who were forcibly removed in 1882 to allow more settlers into the area. Also in 1882, homesteaders O.P. and J.L. Herwick jointly claimed a parcel in the middle of the Eagle River valley presently known as Avon. They started to “prove up” (improve) their homestead as required by law. They cleared, plowed, and planted acres of land, built simple cabins, and constructed barns and corrals for raising livestock. Proximity to water was especially valuable for irrigation and livestock. William H. Nottingham paid $800 for the Herwick homestead in 1886. William and his wife, Angeline, had lived at the silver mining camps on Battle Mountain where he hauled ore from the mines and timber from the forests with his wagon and team of horses. In Avon William raised hay and cattle to feed the miners. William partnered with Peter Puder and Ernest Hurd to expand their holdings by acquiring adjacent homesteads including those of early pioneers John Metcalf, William Swift, and Oscar Traer. In 1941, Harry A. Nottingham, one of William’s sons, replaced cattle with sheep. Land was also irrigated for crops including potatoes, head lettuce, grain, and hay but farming and ranching was hard work, unpredictable, and not always profitable. Weather could play havoc with the crops, coyotes and bears were a constant concern, and market prices were volatile: one year Harry made a profit of just 47 cents on 330 sacks of potatoes shipped by rail to Texas. In the early 1970s through 1990s, the ski industry and developers came knocking, and the Nottingham ranches were sold. The Harry A. & Marie Nottingham ranch, circa 1920, with view south from Buck Creek to Willis Nottingham’s ranch which is now the Beaver Creek ski resort. (Photo courtesy of Eagle County Historical Society and Eagle Valley Library District) LOCATION #5 AVON’S CASH CROP: HEAD LETTUCE In 1921, Eagle Valley ranchers turned their attention from raising cattle to a new agricultural venture: head lettuce. In a high mountain environment, this leafy vegetable proved a perfect fit for Avon and its surrounding area. Head lettuce thrives at elevations of 7,000 to 9,000 feet and on slopes boasting dark, loamy soils and abundant water. Sunny days and dependably cool nights formed crisp, hard heads of lettuce. The growing season was a mere 90 days from seeding to harvest so plantings were staggered for a more manageable yield. Local growers branded their produce as “Evercrisp” and “Mountain Iceberg” to evoke the image of the ideal head of crisp iceberg lettuce. This crop worked well for small-scale homestead farming. One man could tend five or six acres, only needing help for thinning and harvesting. In good years, farmers raised 500 crates of lettuce per acre. Top market price was $42.25 per crate. In 1924, Eagle County led the state in lettuce production: the yield from 940 acres was packed in more than 50,000 crates, 20,000 of which were shipped from Avon. The crop at the Frank Terrill ranch, on the east edge of current day Avon, was declared “best lettuce of the valley.” At harvest time, heads were cut early in the morning, placed into field crates, and driven to the packing sheds adjacent to the Denver & Rio Grande Railroad tracks near the Avon depot. Workers trimmed, graded, and re-packed the lettuce in large shipping crates between layers of crushed ice. Refrigerated rail cars delivered to markets around the country lasting up to three weeks. Availability of ice throughout the summer shipping season was critical. Each winter, large blocks of ice were cut from the headwaters of the Eagle River at Pando located to the south. Blocks were stored in ice sheds near the railroad tracks for use throughout the summer. For about two decades, Avon’s lettuce industry thrived however the small rural farms could no longer compete when a hybrid seed enabled large-scale head lettuce production at lower elevations. Lettuce was packed in ice and stored in crates in this shed on the east spur of the D&RGRR at Avon, awaiting shipment by refrigerated rail cars. Family members were often the field workers who helped tend lettuce crops. (Photos courtesy of the Eagle County Historical Society and Eagle Valley Library District) LOCATION #6 HAHNEWALD BARN The history of the Hahnewald barn is a classic Eagle County pioneer tale. Albert Hahnewald, a German immigrant with little formal education, joined his four bothers in Leadville in the mid-1890s. Energetic and willing to take risks, the Hahnewalds began mining silver, finding a particularly lucrative vein that became famous throughout Colorado as the Hahnewald Chute. The ambitious brothers, recognizing the many needs of a mining community, also ranched and owned a grocery store, bakery and saloon in Leadville. Seeking economic diversity, in 1908 Paul Hahnewald purchased 160 acres of land (the original John Conard Metcalf homestead) in the heart of Avon for $10,000. On the same date as the land transfer Paul paid an additional $10,000 for a substantial number of items related to ranching operations including eight horses, 64 head of cattle, wagons, a buggy, a mower, a hay stacker, sleds, harnesses, plows, harrows, cultivators and other equipment. The deal included a blacksmith shop complete with anvils, bellows and tools. Paul sold all the newly acquired assets to his brother Albert and his wife, Frances, for $9,000 and the Hahnewald Land and Livestock Company was established. The Hahnewalds expanded the Metcalfs’ log cabin as their residence and then constructed a large (30 x 125 feet) wood barn in about 1910. The upper level of the barn was for hay drying and storage and the lower level for sheltering livestock. The barn supported an extensive ranching operation - 900 acres with horses, hogs, and 1,000 head of purebred Hereford cattle. In 1915, Hahnewald moved his ranching operation west towards Edwards, and sold his Avon property, including the large barn, to another German immigrant, Paul Kroelling, for $15,000. Hahnewald died unexpectedly at age 51 during the influenza pandemic of 1918. For the 33 years that Kroelling owned the ranch, the farmstead was further expanded. A belfry was added to the house to call field hands to meals, and the barn was occasionally used for community gatherings, its sturdy wooden floors making an ideal dance floor. Kroelling raised cattle and sheep, pasturing the animals along the Eagle River and at the higher elevations of the Piney Divide. A typical year, like the fall of 1917, would see the Kroellings busy harvesting 90 acres of well-irrigated land planted with 12 acres of potatoes (producing 200 sacks of potatoes per acre), 30 acres of oats, and the remainder in hay at four tons per acre. The hay, feed for the Kroellings’ cattle, was stored in the barn’s large upper floor loft. An overhead wheeled Louden Hay Carrier (patented 1894) moved hay along a rail through the huge hay door on the west end of the barn In 1948, the barn became the property of another prominent Avon rancher, Harry A. Nottingham, when he added the Kroelling property to his extensive land holdings. The Nottinghams ran sheep on the property, housing the ewes and lambs on the barn’s lower level to give them easy access to the Eagle River for watering. Although ranching in Avon ended in 1972 with the sale of the land to Benchmark-Avon Properties, the barn survived another 47 years. It became an integral part of the Eagle River Water and Sanitation District wastewater treatment plant as a parts and equipment storage facility. The District, recognizing its functionality as well as its place in Avon’s history, maintained the barn until it was demolished in 2019 to make room for an expansion of the treatment plant. Efforts to relocate the Hahnewald Barn by local historic preservationists and the Town of Avon were ultimately unsuccessful. The logistical and financial challenges of moving and repurposing a structure of its age and size proved insurmountable. The large door and Louden Hay carrier on the barn’s west end provided access to vented hay loft storage. In 1985, the Eagle River Water and Sanitation District purchased the barn and repurposed it for parts and equipment storage until its demolition in 2019. Albert Hahnewald painting the original Avon bridge prior to his move to Edwards in 1915. (Photo courtesy of the Hahnewald family) LOCATION #7 THE DENVER & RIO GRANDE RAILROAD The railroad was the key to Eagle County’s early success in mineral and agriculture production. In 1881, the Denver & Rio Grande Railroad (D&RG) extended service from Pueblo on the Front Range of Colorado to Rock Creek, just below Gilman, about 12 miles upstream from Avon on the Eagle River. The tracks dead-ended there. The railroad company, while eager to serve Leadville and the mining camps on Battle Mountain, did not initially have the money or the interest to extend tracks through the fledgling ranching operations down the length of the Eagle River Valley. That changed in 1886 when the Aspen silver mining boom kicked the D&RG and the Midland railroads into a high-stakes race to that bustling mining camp. Property rights were purchased, and hundreds of men were hired. Ten months of furious construction in 1887 extended the narrow-gauge railroad line along the Eagle River and all the way to Glenwood Springs. In 1890 the rails were upgraded to standard gauge to better handle the large engines and heavy trains needed to make the arduous trip through the Rocky Mountains. The earliest documented use of the name “Avon” appeared on a D&RG route map in 1888. A small depot was constructed on the siding south of the tracks near today’s intersection of Avon Road and Hurd Lane. It featured a small stockyard and a wooden crane for transferring mail bags to and from the train while in motion. Workers bunked in the section house. Smiley Cole was the D&RG’s railroad station agent. The ranchers and farmers of the area rejoiced. The railroad efficiently connected the Eagle Valley with the rest of the nation, allowing larger shipments of livestock, crops, ore and timber to market. Numerous passenger and freight trains traveled daily along this route. Locals could easily and affordably hop on a train to visit relatives and neighbors down valley, attend the Strawberry Festival in Glenwood Springs, or tend to business up the line in the county seat at Red Cliff. Railroad lines through the valley were busy through the early 1940s. After World War II, the federal government shifted its spending from railroads to highways; cars and trucks became the preferred modes of transportation and railroad traffic slowed. In 1990 the D&RG merged with the Southern Pacific Railroad, which in turn was absorbed into the Union Pacific Railroad. Expensive to maintain and operate in the modern age, rail traffic on what is now called the Tennessee Pass line halted in 1997, bringing rail traffic through the valley to a standstill. Since then, there has been periodic interest in resurrecting the rail line for freight, passenger, or recreational uses. The cost and competing interests of various stakeholders have stymied these efforts to date, so only time will tell whether trains will ever rumble through Avon again. A coal-fired locomotive steams past the Avon stock yard and depot, circa 1920. Nearby, Emmett & Myrtle Nottingham’s white farmhouse can be seen. A crew of railroad section workers pose at the Avon depot with the passenger- powered hand car, used for rail maintenance work, circa 1910. (Photo courtesy of the Eagle County Historical Society and Eagle Valley Library District) LOCATION #8 Men with lettuce crates on the south end of Avon’s second bridge, circa 1928. Mildred Howard and her horse, Dot, on Avon’s first bridge, circa 1920. AVON’S BRIDGES River crossings were especially challenging for early pioneers, their wagons, and horses. Archival records indicate that early Avon settlers forded the river where shallow waters permitted. Faint remains of a primitive road on the south bank of the Eagle River can be seen about 200 yards west of the Avon Road bridge in use today. It leads to a shallow point in the river – the ford – that was a convenient crossing point below the original schoolhouse perched above the river. By 1899, enterprising pioneers had built the original wooden Avon bridge, which crossed the Eagle River at this location. The pioneer structure, featuring a center pier, was suspended about 10 feet above the river. That bridge was replaced by Avon’s second bridge, also wooden, in 1923 at a cost of $10,165. The Lewis brothers, who apparently lived nearby, did the extensive dirt work for the second bridge’s approaches. The second bridge served the community until 1971, when heavy trucks damaged the decking and support brace. Eagle County replaced it with an Army Corps of Engineers prefabricated steel bridge. The current bridge, named “Bob” by a construction worker who won the town’s “name that bridge” contest, was built in 1991. (Photos courtesy of the Eagle County Historical Society and Eagle Valley Library District) LOCATION #9 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager RE: Special Events 2022 Recap DATE: May 17, 2022 SUMMARY: Staff is eager to bring a portfolio of experiences which provide an inclusive, creative, vibrant, and community centric calendar of special events and activations. These experiences help foster healthy connections between our local resident and visitor communities. This report provides a status update on the (1) Salute to the USA and (2) recaps the upcoming special event season. This report will be supported by a PowerPoint presentation during the meeting outlining the anticipated number of event days, overall budgeted net expense and each individual event budget. No action is required of Council. BACKGROUND: 1. Salute to the USA – Staff received an email and images of the Wildland Fire Potential Outlook for the months of April, May and June, from the Eagle River Fire Protection District (ERFPD) Chief, Karl Bauer in early April which are provided and attached as Attachment A. Chief Bauer’s email was regarding the “…potential for significant wildfire potential, beginning in April and extending through the end of June…;” and “…As green-up continues, we might see a reduction in that receptivity; and if monsoons develop, we might even get through the summer without experiencing large fires. That said, current predictions do not bode well.” Chief Bauer will be available during the Council meeting to provide an update to Council. Based off this information and follow up conversations with ERFPD Chief Bauer, Staff does not currently plan to include fireworks display in Salute to the USA this year. Staff is researching ideas for small scale activations that can be easily executed this year such as a laser show, water lanterns, etc. We will discuss the future of fireworks at Salute to the USA during the 2023 budget process. The projected savings associated without fireworks is provided below. 2. Special Events Recap – Staff is enthusiastic to get outside, engage with the community and produce events! We have a robust calendar of unique events and activations best enjoyed through the PowerPoint presentation. First however, there a few revisions that Staff would like to highlight. a. Circus Colorado: The third-party producer contacted Staff regarding canceling the Flynn Creek Circus presented by Colorado Circus due primarily to rising fuel costs which make it cost prohibitive to bring the circus performers, tenting, etc. to Colorado. b. Ultimate Après Avon: The inaugural event was produced by Radiate Live Events and held on Saturday, April 16th between 2:00 p.m. and 7:00 p.m. At the time of this report, Staff has not received the final written Post Event Brief although Radiate Live is comfortable with stating there were approximately 300 tickets sold and an additional 150 were provided to vendors, breweries or otherwise comped. i. The Town provided $10,000 in cash funding and up to $3,000 of in-kind services. ii. Please enjoy this draft video provided by Radiate Live Events: https://vimeo.com/708947607 c. XTERRA Festival – As reported by the Vail Daily on Tuesday, March 15th paper, Staff had been working with XTERRA Global to expand the event activation in Nottingham Park Page 2 of 3 during the first ever USA Championship to be held in Nottingham Park and Beaver Creek on Saturday, July 16th. This is an amazing opportunity to further show case Avon as the perfect venue to host athletic events. i. The Town is providing up to $4,500 of in-kind support. ii. The activation includes (1) offering registration and packet pickup on Friday, July 15th at the Terrace (2) tent space at Friday’s Lakeside Cinema to promote the activities on Saturday, July 16th (3) awards ceremony, live music featuring Trout Steak Revival , food vendors and kids’ activities on Saturday (4) the addition of another SunsetSUP Race on Friday in collaboration with XTERRA Global and SUP CO. iii. Launching SunsetSUP on July 15th presents the perfect opportunity to gain exposure through XTERRA’s brand reach and producing two SunsetSUP Races leverages Paddle Battles in September and a “true” SunsetSUP Race series in 2023. d. Man of the Cliff – Staff received and granted a request from the event producer to move the event one week later to Saturday, October 15th and Sunday, October 16th, 2022. This is due to primarily to conflicts with the Great American Beer Festival being October 6th through October 8th. e. The Avon.org and Discoveravon.org websites are always a great place to find all Special Events and Art in the Town. Additionally, the full Special Event Calendar including private rentals is provided as Attachment B. FINANCIAL CONSIDERATIONS: The 2022 Approved Budget was amended at the May 10th, 2022, Town Council meeting to accommodate a net increase in the special events division of $47,184 with the most impactful increases from the following: 1. Rate increases in portable restrooms and handwashing stations = $9,255 2. Parking lot rental from Beaver Creek Resort Company = $4,400 3. Rate increases for professional hired security vendor = $10,122 Staff is mindful of these increases and the year over year costs. To that end, Staff will monitor the need for professional security specifically at AvonLIVE! with an eye to reduce or remove this expense. Furthermore, when the West Nottingham Park Improvements Plan (i.e., restroom building) is complete the need to rent portable restrooms and handwashing stations will be significantly reduced. Salute to the USA – The projected savings to the 2022 Adopted Budget without fireworks display is approximately $79,641.36. The detailed 2022 Adopted Budget vs No Boom Projected Budget and savings is provided and attached as Attachment E. Staff will work across Departments to find efficiencies and additional budget savings. A summary of the most impactful reductions is provided below: a. Overtimes Wages = $5,000 in savings b. Concessions/Cost of Goods = $5,000 in savings c. Guest Officers = $15,715 in savings d. Professional Security = $4,032.50 in savings e. Chain Link Fencing = $2,782 in savings f. Portable Facilities = $6,541.86 g. Purchased & Contracted Services = $38,500 in savings Page 3 of 3 Thank you, Danita ATTACHMENTS: Attachment A – Wildland Fire Potential Outlook Attachment B - 2022 Special Event Calendar Attachment C – 2022 Adopted Budget vs No Boom Projected Budget Saving ATTACHMENT A 2022 Events Calendar January February March Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 April M May June Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 1 2 3 4 3 4 5 6 7 8 9 1 2 3 4 5 6 7 5 6 7 8 9 10 11 10 11 12 13 14 15 16 8 9 10 11 12 13 14 12 13 14 15 16 17 18 17 18 19 20 21 22 23 15 16 17 18 19 20 21 19 20 21 22 23 24 25 24 25 26 27 28 29 30 22 23 24 25 26 27 28 26 27 28 29 30 29 30 31 July August S September Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 October November December Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 Event Type Legend Music Education Recreation Private Rental / APP Arts & Culinary MSM Activation Participatory & Athletic Field Maintenance 2+ colors for multiple Events/Venues Event: Dates, Names & Venue Details APRIL April 16 | Egg Hunt UF April 16 | Avon’s Ultimate Après LAKEST. MAY May 29 | SunsetLIVE! T JUNE June 4 | Town Clean Up A June 5,12,19,26 | SunsetLIVE! T June 10 | Art Around Avon Walk A June 18 | Pride in the Park** P, UF June 20, 27 | Dunk-N-Dash NB, NL, TR June 25 | Pop Up Music MSM June 4,11,18,25 | Yoga in the Park T June 9,16,23,30 | OW Swim NB, NL June 19 | Daddy-Daughter Tutu 2K TR June 20-23 | Lacrosse** UF, LF June 22 | AvonLIVE! P, UF JULY July 3 | Salute to the USA P July 7,14,21,28 | OW Swim NL, NB July 9,16,23,30 | Yoga in the Park T July 10,17,24,31 | SunsetLIVE! T July 15 | SunsetSUP! NL July 22-24 | Avon Arts Celebration** UF July 29-31 | Avon Arts Celebration** UF July 6,13,20,27 | AvonLIVE! P, UF July 8,15,22,29 | LS Cinema P, UF July 9,16,23,30 | Pop Up Music MSM July 11,18,25 | Dunk-N-Dash NB, NL, TR July 15-16 | Xterra**UF, NL, P July 23 | Colorado Disc Dogs** UF AUGUST August 1 | Dunk-N-Dash NB, NL, TR August 4 | Dancing in the Park** P August 5,12,19,26, | LS Cinema P August 6,13,20,27 | Pop Up Music MSM August 13-14 | OW Swim Ch’ship NL, NB August 3,10,17,24,31 | AvonLIVE! P, UF August 4,11 | OW Swim NL, NB August 6,13,20,27 | Yoga in the Park T August 7,14,21,28 | SunsetLIVE! T August 13 | Vail Valley Brew-Au** P,UF August 19 | SunsetSUP! NL SEPTEMBER September 2 | LS Cinema P, UF September 4 | Paddle Battles NB, NL September 5 | Summer’s End P,UF September 3 | Pop Up Music MSM September 4 | SunsetLIVE! T September 15 | Community Picnic UF OCTOBER October 1-2 | Vail Valley Soccer** UF October 15-16| Man of the Cliff** UF October 29 | Polar Plunge NL, T ** Third party produced event dates are subject to change Venue Legend Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB Attachment B 2022 Public/Private Rentals Calendar Event: Dates, Names & Venue Details January February March Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 April M May June Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 1 2 3 4 5 6 7 1 2 3 4 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 July August S September Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 October November December Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 MAY May 14 | Blue Sky Event T May 22 | Vail Valley Soccer Banquet T May 31 | BCMS Continuation Ceremony P, UF JUNE June 2 | EFEC P, UF June 8 | Vail Valley Business Women T, GR JULY July 8 | Wright Family Reunion UF August August 8 | National Children’s Chorus Rehearsal P August 9 | National Children’s Chorus Rehearsal P August 11 | National Children’s Chorus Rehearsal & Performance P, UF, T August 20 | Diversify Whitewater NL Venue Legend Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB Expenses Adopted Budget No Boom Projected Budget Projected Savings Overtime Wages Public Works & Police $ 15,000.00 $ 10,000.00 $ (5,000.00) Sub-Total: $ 15,000.00 $ 10,000.00 $ (5,000.00) S.E. Materials & Supplies Green Room Support $ 300.00 $ 300.00 $ - VIP Decorations $ 400.00 $ 400.00 $ - Laynards + Invite $ 200.00 $ 200.00 $ - Sub-Total: $ 900.00 $ 900.00 $ - Food & Beverage Police Catering $ 770.00 $ - $ (770.00) VIP Catering $ 6,000.00 $ 6,000.00 $ - Staff/Volunteers Food & Beverage $ 1,400.00 $ 500.00 $ (900.00) Ice $ 1,895.00 $ 1,895.00 $ - Artist / Talent Buy Out or Catering $ 1,500.00 $ 1,500.00 $ - Sub-Total: $ 11,565.00 $ 9,895.00 $ (1,670.00) Concessions: Cost of Goods Concessions: Cost of Goods $ 10,000.00 $ 5,000.00 $ (5,000.00) Sub-Total: $ 10,000.00 $ 5,000.00 $ (5,000.00) Other Professional Services Kid's Activation & Entertainment $ 6,700.00 $ 6,700.00 $ - Emcee Services 200.00$ 200.00$ -$ Sub-Total: $ 6,900.00 $ 6,900.00 $ - Printing & Reproduction Light Pole Banners / Bridge Banners 2,300.00$ 2,300.00$ -$ Posters 100.00$ 100.00$ -$ Parking Passes 650.00$ 650.00$ -$ On-Site Directional Signage 200.00$ 200.00$ -$ Concession Menu Boards 200.00$ 200.00$ -$ Sub-Total: $ 3,450.00 $ 3,450.00 $ - Audio Visual Sound Engineer/Labor $ 5,500.00 $ 5,500.00 $ - Sound, Light Production: Headliner $ 9,000.00 $ 9,000.00 $ - Backline Headliner $ 2,000.00 $ 2,000.00 $ - Sound & Light Production: Opener $ 2,000.00 $ 2,000.00 $ - Sub-Total: $ 18,500.00 $ 18,500.00 $ - Security Services Colorado Rangers 5,000.00$ $ 5,000.00 $ - Guest Officers $ 15,715.00 $ - $ (15,715.00) Professional Security $ 11,632.50 $ 7,600.00 $ (4,032.50) Sub-Total: $ 32,347.50 $ 12,600.00 $ (19,747.50) Rentals Traffic & Crowd Control Radio Rental 400.00$ $ - $ (400.00) Beaver Creek Parking Lots $ 400.00 $ 400.00 $ - Light Towers $ 1,200.00 $ 1,200.00 $ - Chain Link Fencing $ 13,000.00 $ 10,218.00 $ (2,782.00) Sub-Total: $ 15,000.00 $ 11,818.00 $ (3,182.00) Portable Facilities Vail Honeywagon $ 8,101.86 $ 5,700.00 $ (2,401.86) Waste Management $ 3,340.00 $ - $ (3,340.00) Evergreen Zero Waste $ 800.00 $ - $ (800.00) Sub-Total: $ 12,241.86 $ 5,700.00 $ (6,541.86) Other Misc. Rentals: Equipment POS Rental $ 3,150.00 $ 3,150.00 $ - Sub-Total: $ 3,150.00 $ 3,150.00 $ - Purchased & Other Contracted Services Temporary Labor $ 8,000.00 $ 3,000.00 $ (5,000.00) Fireworks Contract 45,000.00$ 13,500.00$ (31,500.00)$ Resource Recovery 5,000.00$ 3,000.00$ (2,000.00)$ Headlining Talent $ 45,000.00 $ 45,000.00 $ - Opening Talent $ 15,000.00 $ 15,000.00 $ - Talent Lodging: Headliner $ 1,200.00 $ 1,200.00 $ - Talent Lodging: Opener $ 500.00 $ 500.00 $ - Creative Services $ 800.00 $ 800.00 $ - Photograpy: Still $ 1,200.00 $ 1,200.00 $ - Support Infastructure $ 3,000.00 $ 3,000.00 $ - Medical $ 715.00 $ 715.00 $ - Sub-Total: $ 125,415.00 $ 86,915.00 $ (38,500.00) Permits & Licensing ERFPD - Inspection Permit $ 100.00 $ 100.00 $ - Environmental Health Dept. $ 55.00 $ 55.00 $ - Sub-Total: $ 155.00 $ 155.00 $ - Sales Tax 1,821.60$ 1,821.60$ Sub-Total: $ 1,821.60 $ 1,821.60 $ - CC Fee's 615.00$ 615.00$ -$ Sub-Total: $ 615.00 $ 615.00 $ - Advertising & Other Legal Notices Mixed Media $ 1,500.00 $ 1,500.00 $ - Sub-Total: $ 1,500.00 $ 1,500.00 $ - TOTAL:258,560.96$ 178,919.60$ (79,641.36)$ ATTACHMENT C - Salute to the USA 970.748.4004 eheil@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Toss Box Proposal DATE: May 20, 2022 SUMMARY: Matt Donovan with TossBox has submitted a proposal to the Avon Town Council to install an automated trash disposal service on the Town of Avon’s Lot 5 Regional Recycling Facility. This service would consist of a bear proof trash dumpster which charges for disposal of trash. ANALYSIS: The Town has electricity in this area that Toss Box can access. The box would be set in a location in the Recyling area that does not interfere with other recycling operations. There are a limited number of other Toss Box locations. It is my understanding that this service is relatively new, so I do not have independent information on the success or overall community demand for this service. If Council desires to allow Toss Box to use the Lot 5 Recycle Center location for its operations then I will work with the Town Attorney to prepare a license agreement with review by the Town Attorney. FINANCIAL CONSIDERATIONS: The Toss Box proposal is not expected to cost money or provide money to the Town. If directed to allow Toss Box to locate at the Lot 5 Recycle Center, Staff would charge $25 a month for electrical services. TOWN MANAGER RECOMMENDATION: Public Operations Manager Gary Padilla has expressed concerns about this operation potentially encouraging more dumping at this recycling facility. We have experienced continuing struggles with dumping in this area. Toss Box is not a recycling operation, rather it is a private, automated trash disposal service. The recycling center will need to be relocated in the next 2-3 years due to the construction of a Public Works Facility. Based on discussions with the Avon Police Department and comments I have not received over the years, I do not believe there is a community demand or need for this service. I also believe this operation could be located on a private commercial lot in Avon or nearby as an alternative. For these reasons I am recommending against approval of a license agreement to locate Toss Box at the Lot 5 Recycle Center. That said, if Council believes this is a worthwhile operation to consider and desires to approve this use Staff and I will work with Toss Box to prepare a license agreement and assist with locating the Toss Box equipment in an appropriate location on Lot 5. PROPOSED MOTIONS: “I move to not approve the Toss Box proposal to locate at the Lot 5 Recycle Center location.” “I move to approve the Toss Box proposal and direct Staff to prepare a license agreement with Toss Box to allow Toss Box to operate at the Lot 5 Recycle Center.” Thank you, Eric ATTACHMENT A: Toss Box Proposal and E-Mail from Matt Donovan ATTACHMENT B: Letters of Support for Toss Box Town of Avon Traer Creek Recycle Site Overview Toss Box: Swipe Toss Go! The revolutionary way to solve common trash issues like illegal dumping, off cycle needs and low volume demand. Toss Box is a reverse-vending machine that allows customers to deposit trash for a small fee using a credit card. Town benefit 1. Reduced illegal dumping at Town dumpsters and parks receptacles. (A growing issue with increased Air BnB rentals) 2. Avoidance of “bear issues” because customer will not leave trash on the curb because of no alternate option ATTACHMENT A 3. Increased recycling and reduced contamination at Town recycle drop off because of the one- stop- shop service. The reality is that people put trash in the recycle container because they have no other option. 4. Town staff will have access via a swipe card to deposit trash and avoid trip back to Town shops 5. Reduced carbon impact because the compactor is only dumped when full. It’s not on a set schedule. Proposal 1. Toss Box will install unit and electrical needs at no cost to Town. Toss Box will confirm feasibility of electric install. 2. Toss Box will pay negotiated license fee to cover electrical consumption and any other Town fees 3. Toss Box will maintain unit and schedule all pickups ATTACHMENT A Specifications Unit is bear-proof Electrical: 30 Amp 208/230 VAC connection Dimensions: 83” height 83” wide 62” deep load height only 26” Matt Donovan Matt@TOSSBOX.CO 970.390.8123 www.tossbox.co PO Box 1532 Edwards CO 81632 https://tossbox.co/tossbox-video/ ATTACHMENT A 1 Eric Heil From:matt donovan <matt@tossbox.co> Sent:Wednesday, March 2, 2022 2:38 PM To:Council Everyone Group Subject:TOSS BOX-Trash solution Attachments:TossBoxAppeal.pdf; Toss Box - ECCG Letter.pdf Good Day Council  As a member of the Climate Action Collaborative it is evident that the Town of Avon is making great strides to  address climate change. I applaud you!    I own TOSS BOX‐ Trash Drop. TOSS BOX is a "first of its kind" fee based trash drop.  Customers simply swipe a  credit card to deposit household trash.  The typical customer is a local resident that has small amounts of trash  and does not find value in subscribing to weekly service,  second home owners that are not in town on "trash  day" but have trash and residents who "miss" trash day and must get rid of trash.  Before TOSS BOX all of  these customers had to resort to illegally dumping in Town dumpsters or Parks or back ally business  dumpsters.  TOSS BOX provides a legal outlet for residential trash.  Attached are 3 letters from local business  in support of TOSS BOX because they are frustrated with illegal dumping at their business.  The most logical location for our units are community recycle drop off sites like the Town of Avon's located  next to Home Depot.  These residents are already bringing their recyclables.  Some of these customers often  throw their trash in the recycle.  The Town of Vail and Summit County Recycle sites are very interested in  hosting a TOSS BOX once electrical power is established.   Our website www.tossbox.co provides a good explanation of the product. We also have units locally at the  Stop n Save Vail and Edwards.  I would like to work with the Town of Avon to address any concerns and assess if the power requirements  needed for TOSS BOX exist at the recycle site. If there is sufficient electricity it would also open the door to  more efficient cardboard compactors at the recycle site saving the Town and County considerable money over  time.   Please contact me with any questions  Respectfully,  Matt Donovan  Owner  matt@tossbox.co  970‐390‐8123  www.tossbox.co  ATTACHMENT A 2                   LETER OF SUPPORT:     Hi Matt,       I am hoping that the Town of Avon can find a location for a Tossbox.       I have no doubt that it would be an asset to the citizens and businesses of Avon.       In my business we have three dumpsters for our trash and recycling. We fill them all regularly. However, is not unusual  for us to find household trash that is unauthorized and occupying needed space.   While it is an activity we have had to endure, it does increase our expenses, and thus adds to our cost of doing business.  Also, some mistakenly put trash in the clearly marked recycling dumpster and we end up fishing out the trash and  relocating it into the trash dumpster. An annoyance to be sure, but also loss of productivity.       If there was an alternative that was reasonable I think folks would use it.        Matt, your Tossbox could be a win win for all. Good people will be less tempted to seek out a place to put their  overflow trash. And my employees would be happier, too. And that would make me happy!     Best of luck, Rob                       ATTACHMENT A 3       ATTACHMENT A Dear Town of Avon, My name is Sara Fahrney. I have lived in the Vail valley for two decades and have owned Vail Tax & Accounting, located in Avon just north of I-70 top floor of the “7-11 building”, for almost as long. As a property owner located in a high traffic area, I deal with a lot of the corresponding issues like loitering, vandalism and illegal dumping. The Avon Police Department has spent a fair amount of time on my behalf helping me with these issues as well, but also I’ve had visits from them alerting me that “my” dumpster is over-full and in need of service. Being an office of ten professionals, most of whom work remotely from home, I can assure you our trash needs amount to a couple of trash bags per week. With trash service weekly, this should not be the issue that it is. I have personally asked Toss Box to take over our location as a way to solve my, and the Avon Police Department’s, ongoing issues with illegal dumping. I find their fees to be reasonable and preferable to paying for extra trash pick ups. If the town were to implement this amenity, I think it would allow an easy and equitable solution for all involved. Thank you for your consideration. Sincerely, Sara Fahrney ATTACHMENT B Town of Avon December 6, 2021 Town Manager: Eric Heil PO Box 975 Avon CO 81620 I recently spoke to Matt Donovan and he told me about TOSS BOX. As the owner of a commercial building right at the base of Wildridge (Evans Chaffee Building, 77 Metcalf Rd) we are constantly catching people trying to dump illegally in our dumpster. The reality is that there is not an option for people to get rid of trash if they do not subscribe to a weekly trash service. It would be nice if we could direct people to the TOSS BOX when we catch them illegally dumping. Regards Michele Evans Evans Chaffee Construction Group, Inc. ATTACHMENT B 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Resolution 22-09 Approving Draft Regional Transit Authority Intergovernmental Agreement DATE: May 20, 2022 SUMMARY: Resolution 22-09 Approving the Draft Eagle Valley Regional Transit Authority Intergovernmental Agreement (“RTA-IGA”) is presented to Council. This approval is for the purpose of formally referring a draft of the RTA-IGA to Colorado Department of Transportation (“CDOT”) which is a required step in the statutory process before taking a final action to refer a ballot question to the Avon voters. There is still the possibility that revisions may occur to this draft RTA-IGA in response to stakeholder input over the next three months. Council conducted public hearings on April 26 and May 10. This meeting is scheduled as a continued public hearing from the May 10th Council meeting. Attached is lastest draft with revisions of the RTA-IGA, dated May 17, 2022. TAX RATES: This draft contemplates a .5% Sales Tax and a .6% Accommodations Tax. VISITOR BENEFIT TAX: The RTA Statutes do not allow for the imposition of a “Visitory Benefit Tax” (aka Lodging Tax) if the total tax rate on lodging would exceed 2%. Avon’s lodging tax is already over 2%. As worded in this draft, Avon would be obligated to provide the equivalent of a .6% Lodging Tax, which is currently calculated as $300,000. See RTA-IGA Section 7.01(c) Visitor Benefit and Lodging Tax for provisions on this tax. There are options we can consider where Avon could adopt its own tax, either lodging, property tax, or other tax, to meet this commitment, or Avon could simply appropriate the funds to fulfill this commitment. That does not have to be determined at this Council meeting. Information is being researched for these options. Property Tax: The mill levy rate to fund $300,000 would be 1.277 mills and would cost $45.65 per year on a $500,000 residence. PROPOSED MOTION: “I move to approve Resolution 22-09 Approving the Draft Regional Transity Authority Intergovernmental Agreement” Thank you, Eric ATTACHMENT A: Resolution 22-09 Adopting DRAFT Regional Transit Authority Intergovernmental Agreement RESOLUTION 22-09 ADOPTION OF EAGLE VALLEY REGIONAL TRANSIT AUTHORITY INTERGOVERNMENTAL AGREEMENT WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (the “Act”), Colorado counties and municipalities are authorized to establish, by contract, regional transportation authorities (“RTAs”) to finance, construct, operate and maintain regional transportation systems; and WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended, and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and WHEREAS, enhancing regional transportation services for Town of Avon residents, businesses and visitors is a crucial step in meeting our community’s workforce, economic and climate goals; and WHEREAS, extensive input from local officials, businesses, employees, nonprofits and community members have made clear that the creation of an RTA is a desirable way to plan, finance, implement and operate a regional public transportation system that better meets the needs of Town of Avon; and WHEREAS, the Avon Town Council has reviewed the proposed Intergovernmental Agreement by and among Beaver Creek Metropolitan District, the Town of Avon, Eagle County, the Town of Eagle, the Town of Gypsum, the Town of Minturn, the Town of Red Cliff, and the Town of Vail, establishing the Eagle Valley Transportation Authority as a Colorado RTA (the “Agreement”) attached hereto as EXHIBIT A: EAGLE VALLEY REGIONAL TRANSIT AUTHORITY INTERGOVERNMENTAL AGREEMENT; and WHEREAS, the Avon Town Council supports the collaborative approach memorialized in the Agreement and concurs that the proposed Eagle Valley Transportation Authority is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to [the entity’s/municipality’s] visitors and employee base, strengthen the connection between the valley’s different communities and advance [the entity/municipality’s specific local climate goal] by reducing car trips and increasing the use of low and no emission public transportation; and WHEREAS, section 603(4) of the Act provides that no contract establishing an RTA shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the proposed authority; and ATTACHMENT A: Res 22-09 WHEREAS, the Avon Town Council acknowledges that referral of the Agreement to the electorate will be subject to a subsequent act of the Avon Town Council in the sole discretion of the Avon Town Council; and, WHEREAS, the Avon Town Council finds that the adoption of this Resolution will promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council as follows: THAT, the Avon Town Council hereby approves the Agreement in the form presented for the purpose of endorsing this draft of the Agreement for referral to the Colorado Department of Transportation. THAT, the Avon Town Council authorizes the Mayor to execute the Agreement in substantially the form attached hereto, with such revisions or modifications, not inconsistent with this Resolution or the Agreement, as the Mayor, with review of the Town Attorney and Town Manager, may determine to be necessary or appropriate and subject to later of action of the Avon Town Council to refer a ballot question to approve this Agreement it is current form or as may be revised prior to taking action to refer a ballot question. ADOPTED May 24, 2022 by the AVON TOWN COUNCIL By: Attest: ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT A: Res 22-09 April 2022 Draft (Public Hearing #1)of May 17, 2022 EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT by and among BEAVER CREEK METROPOLITAN DISTRICT TOWN OF AVON, COLORADO EAGLE COUNTY, COLORADO TOWN OF EAGLE, COLORADO TOWN OF GYPSUM, COLORADO TOWN OF MINTURN, COLORADO TOWN OF RED CLIFF, COLORADO and TOWN OF VAIL, COLORADO Dated as of [May 31 , 2022] Providing for the establishment of the “Eagle Valley Transportation Authority” as a Colorado Regional Transportation Authority pursuant to the Regional Transportation Law, Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 i TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS ............................................................................................................2 ARTICLE 2 ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS ...............4 ARTICLE 3 BOARD OF DIRECTORS .........................................................................................7 ARTICLE 4 ADVISORY COMMITTEES ...............................................................................1011 ARTICLE 5 OFFICERS ............................................................................................................1011 ARTICLE 6 POWERS OF THE AUTHORITY .......................................................................1213 ARTICLE 7 FUNDING THE AUTHORITY............................................................................1516 ARTICLE 8 REORGANIZATION ..........................................................................................1618 ARTICLE 9 MEMBERS ...........................................................................................................1720 ARTICLE 10 TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION .............1821 ARTICLE 11 DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES .................................................................................1922 ARTICLE 12 AMENDMENTS ................................................................................................1923 ARTICLE 13 MISCELLANEOUS ...........................................................................................2023 EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT THIS EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into as of [May 31 , 2022] by and among the BEAVER CREEK METROPOLITAN DISTRICT, the TOWN OF AVON, COLORADO; EAGLE COUNTY, COLORADO; the TOWN OF EAGLE, COLORADO; the TOWN OF GYPSUM, COLORADO; the TOWN OF MINTURN, COLORADO; the TOWN OF RED CLIFF, COLORADO; and the TOWN OF VAIL, COLORADO (together the “Initial Signatories”). RECITALS WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (the “Act”), Colorado counties, municipalities, and special districts with street improvement, safety protection, or transportation powers, are authorized to establish, by contract, regional transportation authorities, which, upon the satisfaction of the conditions set forth herein, are authorized to finance, construct, operate and maintain regional transportation systems; WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended (the “Intergovernmental Relations Statute”), and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; WHEREAS, the Initial Signatories are a Colorado county, a Colorado special district, and certain Colorado municipalities located within the boundaries of Eagle County that desire to form a regional transportation authority to serve the greater Eagle River Valley community pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating, and maintaining regional transportation systems; WHEREAS, enhancing regional transportation services for Eagle County residents, businesses and visitors is a crucial step in meeting the communities’ workforce, economic and climate goals, and regional transportation services support Eagle County socially and economically, helping employees get to work safely and visitors to enjoy their Eagle County experience; WHEREAS, the signatories of this Agreement wish to work toward collaborative solutions that will increase transportation and transit options throughout the greater Eagle River Valley, as well as increase air connections to the Eagle River Valley; EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 2 WHEREAS, extensive input from local businesses, employees, nonprofits and community members have made clear that the creation of a Regional Transportation Authority (“RTA”) is a desirable way to plan, finance, implement and operate a more comprehensive regional transportation system that better meets the needs of communities; WHEREAS, an RTA serving the greater Eagle River Valley is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to the valley’s visitors and employee base, strengthen the connection between the valley’s different communities, and advance local climate action goals by reducing car trips and increasing the use of low or zero emission public transportation; and WHEREAS, transit services promote independent living for the elderly and the disabled by providing essential links to medical, social and other services, and the region recognizes the need to improve mobility options for all segments of the population. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth below, the Initial Signatories hereby agree as follows: DEFINITIONS Definitions from the Act. The following terms shall, when capitalized, have the meanings assigned to them in Section 602 of the Act: “Bond,” “Construct,” “Construction,” “County,” “Municipality,” “Person,” “Regional Transportation Activity Enterprise,” “Regional Transportation System,” and “State”. Other Definitions. The following terms shall, when capitalized, have the following meanings: “Act” is defined in the Recitals. “Advisory Committee” means two or more persons appointed by the Board pursuant to Article 4 of this Agreement for the purpose of providing advice to the Board. “Agreement” means this Eagle Valley Transportation Authority Intergovernmental Agreement, as amended from time to time in accordance with the terms contained therein. “Alternate Director” means any person appointed as an Alternate Director pursuant to Section 3.03 of this Agreement. “Authority” means the Eagle Valley Transportation Authority, a separate political subdivision of and body corporate of the State established pursuant to this Agreement as a regional EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 3 transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. “Authority Sales Tax” means a sales and use tax levied by the Authority in all or any designated portion of the Members in accordance with Section 605(1)(j)(1) of the Act. “Authorized Transportation Projects” refers to the Regional Transportation Systems projects described in Appendix C of this Agreement, as such projects may be amended from time to time in accordance with Article 6 of this Agreement. “Ballot Question” refers to any of the questions listed in Section 2.04(a)(i)-(viii) of this Agreement, and shall mean a “Ballot Issue,” as defined in Title 1, Article 1, Part 104(2.3), Colorado Revised Statutes, as amended. The Ballot Question for each of the Initial Signatories are collectively referred to as the “Ballot Questions.” “Board” means the Board of Directors of the Authority. “Boundaries” means the boundaries of the Authority illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement, as such Appendices may be amended from time- to-time in accordance with Article 12 of this Agreement. “Director” means any person appointed as a Director pursuant to Section 3.02 of this Agreement Whenever the person appointed as a Member’s Director is absent from a Board meeting, the term “Director” shall mean the Alternate Director, if any, appointed by such Member pursuant to Section 3.03 of this Agreement. “Division of Local Government” means the Division of Local Government in the State Department of Local Affairs. “ECRTA” means the Eagle County Regional Transit Authority (Fund 1151) which operates Eagle County’s current ECO Transit public transportation service, and which is also referred to in this Agreement as “ECO Transit.” “Governing Body” means, when used with respect to a Member, the town council, board of trustees, board of commissioners , board of directors, or other legislative body, as appropriate, of such Member. “Initial Boundaries” means the Boundaries of the Authority on the date the Authority is originally established pursuant to Article 10.01 of this Agreement, as such Initial Boundaries are illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. “Initial Members” means the Initial Signatories who become Members on the date on which the Authority is originally established pursuant to Section 2.05 of this Agreement. “Initial Signatories” means the county, special district, and municipalities that are signatories to this Agreement in its original form. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 4 “Intergovernmental Relations Statute” is defined in the Recitals. “Member” means (a) the Initial Members and (b) the State or any Municipality or County or special district that becomes a member of the Authority pursuant to Section 9.03 of this Agreement. “MOU” means the Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee entered into by and among the Initial Signatories for the purpose of researching and proposing the structure of an RTA to serve the greater Eagle River Valley community. “Officer” means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority, and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. “Regional Transportation Systems” shall have the meaning given to it in Section 602(16) of the Act. “Visitor Benefit Tax” means a visitor benefit tax levied by the Authority in all or any designated portion of a Member in accordance with Section 605(1)(i.5) of the Act and Section 7.01 hereof. ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS Establishment. A regional transportation authority to be known as the “Eagle Valley Transportation Authority” shall be established as a separate political subdivision and body corporate of the State pursuant to the Act and as a separate legal entity created by this Agreement among the Initial Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of the following conditions: (a) each Initial Member (i) has held at least two public hearings on the subject of this Agreement in accordance with Section 603(3) of the Act; and (ii) has executed this Agreement, which execution shall constitute a representation by such Initial Member to the other Initial Members that the executing Initial Member has held the public hearings required by Section 603(3) of the Act and that the Governing Body of such Initial Member has duly authorized its execution, delivery and performance of this Agreement; (b) this Agreement will be submitted for approval, and has been approved by, a majority of the registered electors residing within the boundaries of the Initial Members at the time of the election, who voted in a general election or special election called for such purpose in accordance with Section 603(4) of the Act, which, for purposes of the November 8, 2022, election, shall be determined based on the votes cast on the Ballot Questions approved by the registered electors voting on the Ballot Questions that approve the participation in the Authority; and EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 5 (c) the Director of the Division of Local Government has issued a certificate pursuant to Section 603(1) of the Act stating that the Authority has been duly organized according to the laws of the State. Purpose. The purpose of the Authority is to plan, finance, implement and operate an efficient, sustainable and regional public multimodal transportation system at any location or locations within or without the Boundaries of the Authority, and exercise any or all other powers authorized by, and subject to compliance with, the Act. Boundaries. Subject to Section 2.05 and amendment to reflect to outcome of the Ballot Questions, the Initial Boundaries of the Authority shall be as illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. For any territory included or annexed in the boundaries of a Member, the Boundaries shall automatically be amended to include such territory that has been included or annexed into the boundaries of the Member (for taxation purposes, as if such territory was included in the Boundaries of the Authority because the territory is included in the boundaries of such Member). Voter Approval. (a) The Initial Signatories agree to submit Ballot Questions seeking voter approval of the establishment of the Authority; the baseline funding of the Authority in accordance with Article 7 and the exemption of certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado Constitution (“TABOR”) at an election held on November 8, 2022, that is conducted in accordance with the Act and other applicable law. Eight separate questions, which are hereafter referred to by the names indicated below and drafts of which are attached of this Agreement as Appendixes B-1 through B-8, shall be submitted to the registered electors residing within the following described areas within the boundaries of the Initial Signatories: (i) the “Avon Question,” a draft of which is attached hereto as Appendix B-1, shall be submitted to the electors of the Town of Avon; (ii) the “Beaver Creek Question,” a draft of which is attached hereto as Appendix B-2, shall be submitted to the electors of the Beaver Creek Metropolitan District; (iii) the “Eagle Question,” a draft of which is attached hereto as Appendix B-3, shall be submitted to the electors of the Town of Eagle; (iv) the “Gypsum Question,” a draft of which is attached hereto as Appendix B- 4, shall be submitted to the electors of the Town of Gypsum; (v) the “Minturn Question,” a draft of which is attached hereto as Appendix B- 5, shall be submitted to the electors of the Town of Minturn; (vi) the “Red Cliff Question,” a draft of which is attached hereto as Appendix B-6, shall be submitted to the electors of the Town of Red Cliff; EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 6 (vii) the “Vail Question,” a draft of which is attached hereto as Appendix B-7, shall be submitted to the electors of the Town of Vail; and (viii) the “Unincorporated Eagle County Question,” a draft of which is attached hereto as Appendix B-8, shall be submitted to the electors of the unincorporated area of Eagle County within the boundaries described in Appendix A-2, exclusive of electors residing in the municipalities and special district that are Initial Signatories of this Agreement. (b) With the intent to put forth these measures as a coordinated election under the Clerk of Eagle County, the Governing Body of each of the Initial Signatories Signatory named in the title of each Ballot Question shall take all actions necessary to submit such questions Ballot Question to the appropriate registered electors at the Election but may modify the . Each Ballot Questions Question submitted by it in any manner that is to the registered election shall be consistent with the terms of this Agreement and the corresponding draft Ballot Questions Question attached in Appendices B-1 through B-8. Any Governing Body’s modification(s) to a Ballot Question that are inconsistent with the terms of this Agreement and the attached appendices shall require the written consent of each of the other Initial Signatories prior to its submittal to that body’s registered electors. The designated election official for a coordinated election shall be the Eagle County Clerk and Recorder. (c) The costs of conducting the November 8, 2022, election shall be allocated from the funding contributions set forth in the MOU. as payable by each Initial Signatory in the following proportions: (i) 10.76% by the Town of Avon; (ii) 0.87% by the Beaver Creek Metropolitan District; (iii) 16.12% by the Town of Eagle; (iv) 15.56% by the Town of Gypsum; (v) 2.66% by the Town of Minturn; (vi) 0.84% by the Town of Red Cliff; (vii) 13.66% by the Town of Vail; and (viii) and 39.53% by Eagle County. Initial Members. (a) Subject to Section 2.05(b) of this Agreement, the Initial Signatories whose participation in the Authority is authorized by a majority of the registered electors voting on the Ballot Questions indicated below shall be the Initial Members of the Authority on the date the Authority is originally established pursuant to this Agreement: EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 7 (i) the Town of Avon will be an Initial Member if the Town of Avon electors approve the Avon Question; (ii) the Beaver Creek Metropolitan District will be an Initial Member if the Beaver Creek Metropolitan District electors approve the Beaver Creek Question; (iii) the Town of Eagle will be an Initial Member if the Town of Eagle electors approve the Eagle Question; (iv) the Town of Gypsum will be an Initial Member if the Town of Gypsum electors approve the Gypsum Question; (v) the Town of Minturn will be an Initial Member if the Town of Minturn electors approve the Minturn Question; (vi) the Town of Red Cliff will be an Initial Member if the Town of Red Cliff electors approve the Red Cliff Question; (vii) the Town of Vail will be an Initial Member if the Town of Vail electors approve the Vail Question; and (viii) Eagle County will be an Initial Member if the electors within the unincorporated area of Eagle County described in Section 2.04(a)(viii) approve the Unincorporated Eagle County Question. (b) The Initial Signatories agree that in order for the Regional Transportation Systems to be efficiently and effectively provided within the Authority’s service area, participation of each of the Town of Avon, the Beaver Creek Metropolitan District, Eagle County, and the Town of Vail, is essential. This Agreement will terminate automatically and be of no further force and effect if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question do not each approve their respective ballot questions at the November 8, 2022, election. BOARD OF DIRECTORS Establishment and Powers. The Authority shall be governed by a Board of Directors as described in this Article 3. The Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate or prescribe the performance of any of its powers to any Director, Officer, employee or agent of the Authority with sufficient direction to comply with the non-delegation doctrine. Directors. The Board shall be composed of one Director appointed by each Member. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 8 Alternate Directors. In addition to the Director appointed by it, each Member shall appoint an Alternate Director who shall be deemed to be such Member’s Director for all purposes, including, but not limited to, voting on resolutions whenever the person appointed as such Member’s Director is absent from a Board meeting or in the event such Director has resigned or been removed and no replacement Director has been appointed. Appointment of Directors and Alternate Directors. As required by Section 603(2)(b)(1) of the Act, the Director and the Alternate Director appointed by a Member shall both be members of the Governing Body of such Member, and shall be appointed as a Director or Alternate Director by the Governing Body of such Member. Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue until (a) the date on which a successor is duly appointed or (b) the date on which he or she ceases to be a member of the Governing Body of the appointing Member. Resignation and Removal. Any Director or Alternate Director (a) may resign at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning; and (b) may be removed at any time by the Governing Body of the Member that appointed him or her, effective upon receipt by the Secretary or the Chair of written notice signed by the Governing Body of the appointing Member. Vacancies . Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to Sections 3.02 through 3.04 of this Agreement. Compensation. Directors and Alternate Directors shall serve without compensation, but may be reimbursed for expenses incurred in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. Meetings, Notice. The Board shall annually establish times for regular meetings of the Board, which shall meet no less than quarterly. The Board may additionally call special meetings as it deems necessary or desirable. Meetings will be held at the location as may from time to time be designated by the Board. Public notice of meetings shall be posted in the locations established by the Board, in accordance with the Colorado Open Meetings Law, Section 24-6-401 et seq., Colorado Revised Statutes, as amended. Except in the case of special or emergency meetings where such advance notice is not practicable, the Authority shall provide at least 48 hours’ advance notice of meetings to each Director and Alternate Director and to the Governing Body of each Member. Resolutions, Quorum. All actions of the Board shall be by resolution, which may be written or oral, approved at a meeting that is open to the public according to the voting requirements set forth in Section 3.11. At least a quorum shall be necessary to take any Board action and at least two-thirds of all Directors then in office who are eligible to vote thereon will be required for action pursuant to Section 3.11(a). A quorum shall mean a number of Directors greater than half the total number of Directors then in office (which, if all Initial Signatories EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 9 become Initial Members, will be five six of the eight initial Directors). The Board may establish bylaws providing setting forth specific requirements for electronic participation by a Director in a meeting, including requirements for a Director participating electronically to be considered “present” for purposes of establishing a quorum and voting on agenda items. Voting Requirements. (a) Except as otherwise provided in subsection (b) of this Section and Article 12 of this Agreement, resolutions of the Board shall be adopted upon the affirmative vote of at least two- thirds of the Directors then in office who are eligible to vote thereon (which, if all Initial Signatories become Initial Members and no Director is ineligible to vote, will be six of the eight initial Directors). (b) Provided a quorum is present, the following actions shall be approved upon the affirmative vote of a majority of the Directors of the Board then present who are eligible to vote thereon: (i) administrative approvals such as setting meeting locations and times and ministerial actions required for the Authority’s compliance with applicable law; (ii) approvals authorized by bylaws or rules previously approved by the Board; (iii) approval of contracts for expenditures included in an annual budget previously approved by the Board; (iv) approval of contracts for transportation services included in an annual budget previously approved by the Board; (v) approval of contracts for the assumptions of existing facilities and transportation infrastructure, or the development of new facilities and transportation infrastructure, included in an annual budget previously approved by the Board; and (vi) other actions that are reasonably incidental to prior Board approvals made under subsection (a) of this Section. Special Rules Regarding Adoption of the Authority’s Annual Budget. Notwithstanding Section 3.10 of this Agreement, if the Board fails to approve the Authority’s annual budget by resolution adopted in accordance with Section 3.10 of this Agreement by the end of the immediately preceding fiscal year of the Authority or any earlier date required by State law, until an annual budget is so adopted, the Authority’s budget for such year shall be the prior year’s budget, with adjustments approved by a majority of the Directors then in office who are eligible to vote thereonno new capital expenditures or adjustments to services to be provided until such time that a new annual budget is approved by the Board. The procedures set forth in this Section may be modified by bylaws or rules adopted in accordance with Section 3.15 of this Agreement. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 10 Director Conflicts of Interest. Notwithstanding any other provision of this Agreement, a Director shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with Sections 18-8-308 and 24-18-101 et seq., Colorado Revised Statutes, as amended. Powers of the Board. The Board shall, subject to the limitations set forth of this Agreement, have (a) all powers that may be exercised by the board of directors or of a regional transportation authority pursuant to the Act, including, but not limited to, the powers conferred by Sections 604(1) and (3) of the Act, and (b) all powers that may be exercised by the governing board of a separate legal entity that has been lawfully created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Bylaws and Rules . The Board, acting by resolution adopted as provided for in Section 3.10 or Section 3.11 of this Agreement, may adopt bylaws or rules governing the activities of the Authority and the Board, including, but not limited to, bylaws or rules governing the conduct of Board meetings, voting procedures, the type of resolutions that must be in writing and procedures for the resolution of issues on which a two-thirds majority cannot be obtained in accordance with Section 3.11(a) of this Agreement. Additional Directors. If at any time there are four or fewer Members, then, notwithstanding any other provision of this Agreement, in order to comply with the provisions of Section 603(2)(b)(1) of the Act requiring at least five Directors, the Directors representing the remaining Members shall, by unanimous consent, appoint such additional Directors and Alternate Directors as are necessary for there to be five Directors, and may likewise remove such Directors and Alternative Directors by consensus of the Directors appointed directly by the Members. If such remaining Directors are unable to reach unanimous consent, each Member shall appoint a second Director, until the total number of Members exceeds five at which time each Member shall revert to appointing a sole Director. References. All references of this Agreement to the Director and Alternate Director of a Member shall be deemed to refer to the initial and the additional Director and Alternate Director, as appropriate, appointed by such Member. ADVISORY COMMITTEES The Board may appoint, maintain, and/or disband one or more Advisory Committees at any time in order to advise the Board with respect to policy and service matters. Advisory Committees shall not be authorized to exercise any power of the Board. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 11 OFFICERS Generally. The Board shall appoint a Chair, a Vice Chair, a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents, each of whom shall hold his or her office or agency for such term and shall have such authority, powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may, but need not, be Directors. Any two or more of such offices may be held by the same person, except that the offices of Chair and Secretary may not be held by the same person and the person serving as Executive Director may not hold any other of such offices. All Officers of the Authority shall be persons of the age of 18 years or older and shall meet the other qualifications, if any, stated for his or her office elsewhere in this Article 5.Alternate Directors shall not assume the officer position of any Director unless so designated by action of the Board. Chair. The Chair shall have the power to call meetings of the Board; the power to execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair may execute and deliver contracts, deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriate in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority, powers and duties as are appropriate and customary for the office of the chair of the board of directors of entities such as the Authority, and as the Board may otherwise prescribe. Vice Chair. The Vice Chair shall be the Officer next in seniority after the Chair and, upon the death, absence or disability of the Chair, shall have the authority, powers and duties of the Chair. The Vice Chair shall have such additional authority, powers and duties as are prescribed by the Board. Secretary. The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep written minutes of such meetings, have charge of the Authority’s seal (if any), be responsible for the maintenance of all records and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority’s seal to any instrument requiring it (and, when so impressed or affixed, it may be attested by his or her signature), and have such other authority, powers and duties as arc appropriate and customary for the office of Secretary of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Treasurer. The Treasurer shall, subject to rules and procedures established by the Board, be responsible for the custody of the funds and all stocks, bonds and other securities owned by the Authority and shall be responsible for ensuring the timely preparation and filing of all tax returns, if any, required to be filed by the Authority. The Treasurer shall receive all moneys EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 12 paid to the Authority and, subject to any limits imposed by the Board or the Chair, shall have authority to give or authorize receipts and vouchers, to sign and endorse checks and warrants in the Authority’s name and on the Authority’s behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority, shall ensure that full and accurate records of the receipts and disbursements are maintained, and shall ensure that all moneys and other valuables are deposited in such depositories as shall be designated by the Board. The Treasurer shall ensure deposit and investment of all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of regional transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Executive Director. The Executive Director shall be the chief executive officer of the Authority, shall supervise the activities of the Authority, shall see that all policies, directions and orders of the Board are carried out and shall, under the supervision of the Board, have such other authority, powers or duties as may be prescribed by the Board. Resignation and Removal. Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time by the Board. Changes to Authority, Powers and Duties. Notwithstanding any other provision of this Article 5, the Board at any time may expand, limit or modify the authority, powers and duties of any Officer or employee. Vacancies . Vacancies in the office of any Officer or employee shall be filled in the same manner in which such office was originally filled. Compensation. The Authority shall determine and may compensate Officers and employees who are not Directors or Alternate Directors for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. POWERS OF THE AUTHORITY General Grant of Powers. The Authority shall, subject to the limitations set forth in this Agreement, have (i) all of the powers granted to regional transportation authorities by the Act and (ii) all powers that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Specific Responsibilities. In addition to the general powers described in Section 6.01 of this Agreement, the Authority shall have the responsibilities described in this EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 13 Section and shall have all powers necessary or convenient to carry out such responsibilities, subject to the availability of funds and, to the extent required by law, annual appropriation of funds by the Board. The description of specific responsibilities and powers in this Section shall not, however, limit the general powers of the Authority described in Section 6.01 of this Agreement. (a) Regional Transportation Systems. The Authority shall coordinate and may operate and fund Regional Transportation Systems and provide such related services as are necessary in order to effect the Authorized Transportation Projects described in Appendix C, as may be amended from time to time in accordance with Article 12 of this Agreement. (b) Regional Transportation Planning. The Authority shall engage in annual regional transportation planning to direct the implementation of Regional Transportation Systems, pursue local, state, or federal or state funding, and coordinate overall transportation policy within the area in which it provides transit services. Regional transportation planning shall, as determined by the Board, include short range service and infrastructure planning as well as long range planning, corridor investment studies and related impact analyses. (c) Regional Transportation Demand Management. The Authority shall develop plans, programs, and materials to support individuals and employers in their efforts to reduce single- occupancy vehicle trips and mitigate climate impacts in Eagle County, in coordination with local jurisdictions, CDOT, NWCCOG, the I-70 Coalition and other relevant organizations. (d) Enhance Local, State, and Federal Coordination. (i) The Authority shall represent the Eagle Valley region with regard to state and federal legislation affecting available funding to support regional transit operations and with regard to legislation affecting operations. (ii) The Authority shall coordinate with the Colorado Department of Transportation (“CDOT”) and federal governing agencies to enhance regional transit, including but not limited to, improvements to connections to the Authority area via Bustang and other statewide bus programs and increased air service to the Eagle County Regional airport. (e) First-Last Mile Solutions. The Authority may study, design, financially support and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including but not limited to park and rides, pedestrian crossings, and regional innovative mobility programs such as regional e-bike sharing, on-demand microtransit, and community vanpools. (f) Contract Transit Services. (i) The Authority may enter into contracts with any Member or other person or entity for the provision of transit services in the manner and subject to the terms of such contracts. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 14 (ii) The Authority may initially enter into contracts with Eagle County for the continuation of ECO Transit service during and after the ECRTA Transition Period (as set out more specifically in Article 8 below) and shall reasonably cooperate with Eagle County to ensure provide for the continuation of employment for personnel currently employed by Eagle County in the provision of transit services within the Boundaries of the Authority, as deemed appropriate and necessary by the Authority. (g) Local Service. The Authority may fund projects or services that serve the residents and businesses operate solely within the boundaries of a single Member (as distinguished from regional services) but, except as otherwise specifically provided in this Agreement, only pursuant to an agreement to which such Member pays the Authority for the services provided on the same fully allocated cost basis used to determine costs of Authority services throughout the Authority’s service area. (h) Transportation Related Infrastructure. The Authority may assume the maintenance of existing facilities and may develop new facilities, including but not limited to park-and-rides, transit stops, vehicle maintenance garages, other transit and rail infrastructure, trails, or other necessary infrastructure related to operations under the purview of the Authority. (a) Planning, Construction, and Maintenance of Regional Trails and Pedestrian Infrastructure. (i) The Authority shall provide planning and funding support for regional public trail maintenance, improvement, and construction, in cooperation with Members, advisory groups and other agencies, including but not limited to USFS, BLM and CDOT. The Authority will place emphasis on multi-modal transportation-oriented trails that provide improved accessibility and connections between transit nodes, population centers, and communities. (ii) The Authority may plan for transitioning the operations, maintenance, capital improvements, and funding required for Eagle County’s ECO Trails partnership, including the Eagle Valley Trail, after completion of all currently planned sections and no sooner than December 31, 2024. (i) Contract Air Services. The Authority may enter into contracts with commercial air service carriers for the provision of air services in the manner and subject to the terms of such contracts. (j) Roadway Improvements. Subject to the Gypsum Question first being approved by the electors of the Town of Gypsum, the Authority shall provide financial support for the construction on an EGE Airport interchange, including commitment of matching funds to be combined with other local matching funds in support of the pursuit of state and federal grant funds. Any obligation of the Authority to provide matching funds will be conditional upon first securing funds for construction of the EGE Airport Interchange from all other available federal, state, and local funding sources , and shall not exceed an amount budgeted therefor by the Board. . It is anticipated that the Town of Eagle, Town of Gypsum, Eagle County, or some combination thereof EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 15 will be the responsible entities for all permitting, financing and construction. and the Authority’s role would be limited to providing matching funds as described in this Section. Limitations on Powers of the Authority. Notwithstanding Sections 6.01 and 6.02 of this Agreement, the powers of the Authority shall be limited as follows: (a) no action to establish or increase a tax or to create a multiple fiscal year debt or other financial obligation that is subject to Section 20(4)(h) of Article X of the State Constitution shall take effect unless first submitted to a vote in accordance with Section 612 of the Act; (b) the Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County, Municipality or special district Member where the proposed tax or fee would be imposed in accordance with Section 613 of the Act; and (c) a notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division of Local Government and shall be filed with the State Auditor and the State Transportation Commission in accordance with Section 614 of the Act. Limitations. If any portion of the Regional Transportation System alters the physical structure of or negatively impacts the safe operation of any state or local transportation improvement, the Authority shall, upon the request of the Governing Body of the jurisdiction impacted by the transportation improvement, in order to ensure coordinated transportation planning, efficient allocation of resources, and the equitable sharing of costs, enter into an intergovernmental agreement between the Authority and such jurisdiction concerning the applicable portion of the Regional Transportation System before commencing physical construction of that particular improvement. FUNDING THE AUTHORITY Baseline Funding. The baseline funding of the Authority shall be provided from the following sources: (a) Initial Authority Sales and Use Tax. Subject to Section 2.05(b) of this Agreement, in the event of and upon approval by the registered electors of the Ballot Question for each Initial such Member, a sales and use tax of one-half percent (0.5%) shall be imposed in all areas within the Initial Boundaries of the Authority. boundaries of such Member. (b) Existing Eagle County 0.5% Transportation Sales Tax. Eagle County shall pay to the Authority the proportion of the proceeds of the existing voter-authorized Eagle County 0.5% Transportation Sales Tax accrued on and after January 1 of the year following the Effective Date of this Agreement , which are collected in the areas of Eagle County that are within the Initial Boundaries of the Authority as such boundaries may be amended from time-to-time in accordance with Article 12 of this Agreement, and that are allocated to ECRTA operations as of the Effective EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 16 Date. To the extent required by law, the obligation of Eagle County to make such payments may be subject to annual appropriation by the Board of County Commissioners of Eagle County. (c) Visitor Benefit and Lodging Tax. The Visitor Benefit Tax imposed by the Authority on persons who purchase overnight rooms or aaccommodations shall, upon satisfaction of the conditions stated below, be imposed at a rate of 1% within the Boundaries of the Authority: (i) Upon satisfaction of any conditions stated below, and subject to Section 7.01(c)(iv), the Visitor Benefit Tax shall be imposed by the Authority on all persons who purchase overnight rooms or accommodations available for rent for a period of thirty days or less at the following rates in the following areas within the Boundaries of the Authority: (A) 0.0% in the Town of Avon; (B) 0.6% in the Beaver Creek Metropolitan District if the electors of the Beaver Creek Metropolitan District approve the Beaver Creek Question; (C) 0.0% in the Town of Eagle; (D) 0.6% in the Town of Gypsum if the Town of Gypsum electors approve the Gypsum Question; (E) 0.6% the Town of Minturn if the Town of Minturn electors approve the Minturn Question; (F) 0.6% in the Town of Red Cliff if the Town of Red Cliff electors approve the Red Cliff Question; (G) 0.6% in the Town of Vail if the electors of the Town of Vail approve the Vail Question; and (H) 0.6% in the portions of unincorporated Eagle County that are within the Boundaries of the Authority if the electors within the unincorporated area of Eagle County described in Section 2.04(a)(viii) approve the Unincorporated Eagle County Question. (ii) Notwithstanding any authorization by the electors of a Member to impose a visitor benefit tax pursuant to Section 43-6-612, C.R.S., the Authority shall not impose any such tax within any area within the Boundaries of the Authority where the result would cause the visitor benefit tax, together with any lodging tax already imposed by a Member at the time of such election, to exceed two percent of the price of such overnight rooms or accommodations. (iii) Any subsequent increase or imposition of a lodging tax by a Member which increases the total tax imposed on lodging above two percent shall not invalidate or reduce the imposition by the Authority of the visitor benefit tax validly imposed and approved by such Member’s electors EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 17 (iv) The intent of this Section 7.01(c) is that each Member shall impose a visitor benefit tax at the maximum rate set forth for any Member in Section 7.01(c)(i). To the extent that the imposition of a visitor benefit tax in such amount by the Authority within the boundaries of any Member is precluded pursuant to Section 43-4-605(1)(i.5)(I), C.R.S., such Member shall seek to appropriate alternative sources of funding, or pledge existing tax revenues, on an annual basis in an equivalent amount. (v) Such Visitor Benefit Tax shall apply to all types of accommodations available for rent for a period of thirty days or less within the Boundaries of the Authority. The proceeds of the Visitor Benefit Tax shall be used by the Authority solely to finance, construct, operate, and maintain Regional Transportation Systems and provide incentives to overnight visitors to use public transportation. To the extent that the imposition of an additional tax by the Authority is precluded by Section 43-4-605(1)(i.5)(I), C.R.S., such Member shall seek alternative sources of funding, or pledge existing tax revenues, in an equivalent amount. Discretionary Member Contributions. A Member may, at its sole discretion, offer to make cash contributions to the Authority, provide in-kind services to the Authority , or pay costs that otherwise would have been paid by the Authority (referred to as a “Discretionary Member Contribution”). If a Member offers to make a Discretionary Member Contribution, the Authority willmay, subject to Board approval on a case-by-case basis in its discretion, make a good faith effort to provide additional transportation services within the boundaries of such Member with a value, or grant such Member a credit against other contributions or contract service payments to the Authority by or on behalf of such Member, in an amount equal equivalent to the Discretionary Member Contribution. Pursuit of Grants. The Authority shall actively pursue grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of grants for transportation projects. Capital Projects and Bonds. The Authority may fund capital projects by the issuance of Authority Bonds pursuant to Section 609 of the Act if voter approval is obtained for the issuance of such Bonds as required by Section 612(2) of the Act; through lease-purchase agreements or other arrangements permitted by, and subject to compliance with the applicable provisions of, State and federal law; or through one or more agreements with one or more Members. Bond issuances by any Regional Transportation Enterprises Enterprise formed by the Board pursuant to Section 606 of the Act do not require voter approval. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article 7 shall limit the Authority’s powers under the Act. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 18 REORGANIZATION Reorganization Plan. All relevant assets and liabilities of ECRTA will be transferred to the Authority in accordance with this Article 8 within an 18 month period of time from the Effective Date of this Agreement and establishment of the Authority (the “ECRTA Transition Period.”) ECRTA Transition Period, Maintenance of Effort. During the ECRTA Transition Period, the Authority will undertake the following: (a) The Authority will assume responsibility for the services provided by ECRTA and will begin receipt transfers of the operating revenues of ECRTA (as distinguished from the contributions to the Roaring Fork Transportation Authority by its members) from Eagle County no later than January 1 of the year following formation of the Authority in accordance with Section 7.01(b) of this Agreement; provided, however, that the Authority may not allocate such revenues to any purpose other than funding of services provided by ECRTA, including payments under any contract with Eagle County referred to herein for services of employees or other assets of ECTRA, in order to ensure continuity of ECO Transit services during the ECRTA Transition Period as the provision of such services, and the transfer of assets and liabilities, transition from Eagle County to the Authority over such period. (b) For the purpose of continuity, the existing ECRTA Advisory Board shall be constituted as an Advisory Committee pursuant to Article 4 of this Agreement for the purpose of advising the Authority’s initial Board with respect to the transition of ECRTA services throughout the ECRTA Transition Period. The Authority Board may add or remove members of the ECRTA Advisory Board as provided for in this Agreement. (c) Either directly or by contract with Eagle County or others, will use reasonable efforts to: (i) maintain continuity of the existing ECO Transit regional transit services provided by ECRTA within the Authority Boundaries and to neighboring jurisdictions, without any significant changes in routes, schedules, or equipment, during the ECRTA Transition Period; (ii) continue ongoing transportation planning efforts; (iii) enter into contracts for transit services ECRTA currently provides to other Eagle County departments or entities no later than the end of the ECRTA Transition Period; and (iv) accommodate Member requests for additional or new local services on the same fully allocated cost basis used to determine the cost of Authority services throughout the Authority service area; EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 19 (d) The Authority will assist Eagle County to cause all relevant Eagle County assets, liabilities, personnel, contracts, and operations to be formally transferred and assigned to the Authority, and to enter into any required intergovernmental agreement, leases, or other contractual arrangements to enable such transfers or assignments, prior to the conclusion of the ECRTA Transition Period; and (e) The ECRTA Transition Period will be deemed concluded when all issues set forth in the Transition Plan (defined in Section 8.03) have been addressed to the satisfaction of the Board and Eagle County. Transition Plan. (a) The Authority and Eagle County shall use their best efforts to agree on a “Transition Plan” that implements the provisions of this Article 8. The Transition Plan will specify how merger issues, including those related to human resources, employee benefits, insurance, transfer of ECRTA assets, contractual relationships (e.g. with the Town of Vail and the Town of Avon), and matters concerning the allocation of operating and capital costs and resources will be resolved. MEMBERS Initial Members. The Initial Members shall be the Initial Signatories whose participation in the Authority is approved at the November 8, 2022, election as described in Section 2.05 of this Agreement. Withdrawal of Initial Members. (a) Following establishment of the Authority, an initial a Member may withdraw from the Authority only if the Initial Member’s withdrawal is approved at an election by a majority of the electors voting thereon. (b) If an Initial a Member withdraws from the Authority pursuant to subsection (a) of this Section: (i) the territory within the boundaries of such Initial Member will be excluded from the Boundaries of the Authority.; (ii) subject to Section 9.02(c), the taxes relevant to that Initial Member shall not be levied after the effective date of such withdrawal; and (iii) the obligations of such Initial Member set forth in this Agreement shall terminate. (c) If a Member withdraws from the Authority while the Authority has any Bonds outstanding, it shall continue to levy taxes within its boundaries after the effective date of such EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 20 withdrawal for the period such Bond obligations remain outstanding, or as provided for in the applicable financing documents. (d) (c)Members may only withdraw from the Authority in the manner, and subject to the conditions, set forth in this Section. Additional Members. Any county, municipality, or special district with street improvement, safety protection, or transportation powers, or a portion thereof, which is not an Initial Member of the Authority, may become a Member (for purposes of this Section, a “new Member”) effective upon: (a) the adoption of a resolution of the Board in accordance with Section 3.11(a) of this Agreement, the effectiveness of which may be conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; (b) unless the new Member is the State, approval of such new Member ’s participation in the Authority by the electors residing within the territory of the new Member that is to be included in the Boundaries of the Authority; and (c) compliance with any other conditions to the admission of such new Member as a Member or its execution of the amended Agreement imposed under the Act, the Intergovernmental Relations Statue or any other applicable law. TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section 2.01 of this Agreement have been satisfied. Termination. (a) Section 10.2The term of this Agreement shall end when all the then-current Members agree in writing to terminate this Agreement; provided, however, that this Agreement may not be terminated so long as the Authority has any Bonds outstanding.. (b) This Agreement may not be terminated so long as the Authority has any Bonds outstanding. Distribution of Assets Upon Termination. Upon termination of this Agreement pursuant to Section 10.02 of this Agreement, after payment of all Bonds and other obligations of the Authority, the net assets of the Authority shall be distributed to the parties who are Members at such time in proportion to the sum of: EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 21 (a) the amount of cash and the value of property and services contributed by them each such Member to the Authority pursuant to Article 7 and 8 of this Agreement minus the amount of cash and the value of property previously distributed to them by the Authority; and (b) the amount of Authority taxes or other charges (other than fares) paid by their such Member’s residents to the Authority pursuant to the Authority’s exercise of the powers granted to it pursuant to the Act, with taxes or other charges paid by residents of areas of counties which are also located within a municipality or special district allocated 100% to the municipality or special district for such purposes. DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES Authority Obligations. The Authority shall insure and defend each Director, Officer, member of an Advisory Committee and employee of the Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other, including appeals), in which he or she may be involved in his or her official capacity by reason of his or her being or having been a Director, Officer, member of a Committee or employee of the Authority, or by reason of any action or omission by him or her in such capacity. The Authority shall insure and defend each Director, Officer, member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority’s obligations pursuant to this Article 11 shall be limited to funds of the Authority available for such purpose, including but not necessarily limited to insurance proceeds. The Board may establish specific rules and procedures for the implementation of this Article 11. AMENDMENTS Amendments Generally. This Agreement , except as may be limited in this Article 12, may be amended only by resolution of the Board and upon unanimous consent of all Members minus one. Such consent shall first be manifested by a majority affirmative vote of the Governing Bodies of each Member. Amendments to Boundaries. Except as provided in Section 2.03 of this Agreement, the Initial Boundaries illustrated in Appendix A-1 and described in Appendix A-2, may be amended in accordance with Section 12.01 of this Agreement and with the required approval of the registered voters of any county, municipality or unincorporated portion of a county proposed to be added to the territory of the Authority. For purposes of this Section, the boundaries may not include territory within the boundaries of a municipality that is not a Member without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a Member without the consent of the governing body of such county. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 22 Modification of Appendices B-1 through B-8. Notwithstanding any other provision of this Agreement, any Ballot Question attached hereto as Appendix B-1 through B-8 may be modified by the Governing Body of the Initial Signatory responsible for submitting such Ballot Question to the electors as provided in Section 2.04 of this Agreement. MISCELLANEOUS Adoption and Execution of Agreement in Accordance with Law. Each initial Initial Signatory hereby represents to each other Initial Signatory that it has adopted and executed this Agreement in accordance with applicable law. Parties in Interest. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon any Person other than the Initial Signatories and the Members any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Initial Signatories and the Members. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or bylaw issued by the Board shall be deemed to by the covenant or agreement of an elected or appointed official, officer, agent, servant or employee of any Member in his or her individual capacity. Notices. Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions or other communications by the Authority, any Member, any Director, any Alternate Director, any Officer or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received, in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority; and, unless a certain number of days is specified, shall be given within a reasonable period of time. Assignment. None of the rights or benefits of any Member may be assigned, nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. Severability. If any clause, provision, subsection, Section, or Article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions of this Agreement. Interpretation. Subject only to the express limitations set forth in this Agreement, this Agreement shall be liberally construed to permit: EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 23 (a) the Authority and the Members to exercise all powers that may be exercised by a regional transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b) the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law; and (c) the Board to exercise all powers that may be exercised by the board of directors of a regional transportation authority pursuant to the Act and by the governing body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. Venue for purposes of any litigation arising under this Agreement shall only be proper in the Eagle County District Court. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement. EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 24 [Remainder of page left intentionally blank. Signature pages follow.] EXHIBIT A: RTA IGA April 2022 Draft (Public Hearing #1)of May 17, 2022 25 SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [May 31 , 2022] By: [INSERT], COLORADO By Name Title ATTEST EXHIBIT A: RTA IGA APPENDIX A-1 Authority Boundary Map EXHIBIT A: RTA IGA APPENDIX A-2 Authority Boundary Description EXHIBIT A: RTA IGA APPENDIX B-1 Town of Avon Ballot Question EXHIBIT A: RTA IGA APPENDIX B-2 Beaver Creek Metropolitan District Ballot Question EXHIBIT A: RTA IGA APPENDIX B-3 Town of Eagle Ballot Question EXHIBIT A: RTA IGA APPENDIX B-4 Town of Gypsum Ballot Question EXHIBIT A: RTA IGA APPENDIX B-5 Town of Minturn Ballot Question EXHIBIT A: RTA IGA APPENDIX B-6 Town of Red Cliff Ballot Question EXHIBIT A: RTA IGA APPENDIX B-7 Town of Vail Ballot Question EXHIBIT A: RTA IGA APPENDIX B-8 Unincorporated Eagle County Question Ballot Question EXHIBIT A: RTA IGA APPENDIX C Initial Service Goals EXHIBIT A: RTA IGA Eagle Valley Transportation Authority Regional Transportation Service Goals The newly established Eagle Valley Transportation Authority, (“Authority”), shall use its best reasonable efforts to achieve the following: 1. Assume Responsibility for Existing ECO Transit Service The Authority shall assume responsibility for existing transit service as currently provided by the Eagle County Regional Transportation Authority, (“ECO Transit”), as of January 1 of the year following RTA formation. Within 12 months of RTA formation, the Authority shall develop and implement a fare- free transit zone with expanded service, to include portions of Avon, Vail, Minturn and Beaver Creek, as a replacement for ECO’s existing Vail/Beaver Creek Express service. 2. Increase Service on Current ECO Routes The Authority shall begin planning for one or more of the following enhancements, to be introduced as soon as equipment, staffing, and facilities allow: ● Increased capacity and/or service frequency on Highway 6. ● Increased all-day service frequency on Valley Route, including additional daily connections to Dotsero. ● Increased service to/from Leadville. 3. Develop and Implement New Transit Routes The Authority shall develop Develop and implement new transit service no later than December 31, 2024, to meet needs identified during the RTA formation process, including but not limited to: 1) Eagle-Gypsum Circulator Regular transit service connecting the Towns of Eagle and Gypsum that promotes increased circulation in/between these communities and provides efficient connection to other regional routes. 2) Limited Stop Express Service Additional rush hour express service targeting peak workforce commute hours. 3) Airport Express Service Additional service connecting Eagle County Airport to Avon, Beaver Creek, and Vail EXHIBIT A: RTA IGA In addition, the Authority may explore the feasibility of offering additional regional transit services as needs are identified in future Transit Development plans. 4. Accelerate Conversion of Fleet and Facilities to Zero-Emission Operations The Authority shall take the following steps toward zero-emission operations: 1) Conversion of ECO’s existing Highway 6 bus service to a zero-emission platform, on a timeframe that evaluates available grant funds, anticipated increases in range and performance capacity of zero-emission buses, and allocation of available Authority funds to other expenditures which may increase ridership. 2) Development of zero-emission plans, timelines, and budgets for additional routes and facilities as outlined in an initial RTA Transit Development Plan, to be created following RTA formation. 5. Invest in Transit-Related Facilities and Infrastructure The Authority shall allocate a portion of available revenues to upgrade existing facilities to support planned service expansion. In addition, funds will be set aside in a capital improvement fund to support fleet replacement and future construction of essential transit-related and transit-supportive facilities. Uses of these funds may include: 1) Expansion of the existing Swift Gulch or MSC facilities to support additional operations and/or dedicated staff housing. 2) Construction and/or expansion of additional facilities as identified in the initial Transit Development Plan (TDP). 6. Support Local Air Service The Authority shall pledge funding in the minimum amount of $1,200,000 dollars per year to support expanded year round air service for residents and visitors of Eagle County. 7. Regional Transportation System Planning The Authority shall embark on a 5-year Transit Development Plan (TDP) as one of its first tasks upon formation. This plan should be completed within 12-18 months of the appointment of the initial Authority Executive Director. EXHIBIT A: RTA IGA APPENDIX D1 [ ] 1 Note to Draft: To discuss inclusion of Appendices regarding: Credits for Outstanding Bonds/Other Assets/Encumbrances; Inventory of Assets (currently contemplated in the Transition Plan); and/or the Transition Plan. EXHIBIT A: RTA IGA 970.748.4030 jskinner@avon.org | mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Jena Skinner AICP, Senior Planner, Max Morgan, Planner 1+ RE: Ordinance 22-08 & Ordinance 22-09 Short Term Rentals: Fee Analysis, Caps, and Revised Short Term Rental Overlay District DATE: May 18, 2022 SUMMARY: This report details research on Short Term Rental (“STR”) fee structures and the potential of introducing licensing caps. This report also reassesses a potential STR Overlay District amendment with associated Code Text Amendments in preparation for first reading. Two ordinances are presented for consideration by Town Council on first reading. BACKGROUND: The April 26, 2022 Town Council meeting included a work session on Short Term Rental regulations in the Town of Avon. As part of the work session, Staff introduced two potential ordinances: Ordinance No. 22-08, which affects STR fee structures and licensing, and Ordinance No. 22-09, which affects the STR Overlay (“STRO”) zoning and Code Text Amendments. Town Council directed Planning Staff to further examine STR fee structures and licensing caps, as well as the potential STR Overlay zoning boundaries and criteria. First reading of these ordinances is intended to provide Council and the community with a chance to understand what will be published with a second reading, and subsequent public hearing. Public comments have and will be accepted throughout this process (See Attachment A). STR license- holders received an email from the Town on May 9, 2022 notifying them that the Town is “working through modifications to short term rental process and procedures,” and that changes will likely include a new fee structure and requirements for minimum safety standards. The email also states that the Town is evaluating STR locationality and licensing caps. ANALYSIS: ORDINANCE NO. 22-08 Ordinance No. 22-08 includes a fee structure with dollar amounts that remains unchanged from what was presented at the April 26, 2022 Council meeting (see Attachment B). Common Components of STR Fee Structures Staff researched STR fee structures in Colorado and additional resort communities. Most municipalities identify relevant components of STRs in order to establish a nexus between licensing, regulation, and potential community impacts. Municipalities generally assess fees relative to STR business licensing costs but frequently do not apply factors related to community impacts. Components of STR licensing fee structures in towns, cities, and counties, frequently include: •Cost of software related to STR licensing, permitting, site inspection, and data analysis •Labor costs related to the licensing and permitting process •Typically calculated by the percentage of relevant staff’s weekly time spent administering licenses multiplied by their weekly salary and then divided by the total number of STRs in the municipality - (% of time spent on STRs x Salary / Total STRs) •STR licensing and permitting responsibilities can affect a variety of staff members across multiple departments including Finance, Planning, Revenue, or Housing Departments Page 2 of 7 • Some municipalities assign STR responsibilities to a singular staff member • E.g., Town of Frisco is currently hiring a Community Development Short-term Rental / Housing Program Specialist • Labor costs related to enforcement • Typically relates to specific STR requirements of property owners • E.g., Fire extinguishers, parking spaces, etc. Types of Fee Analyses Municipalities typically direct one of three types of analyses to identify a STR licensing fee structure that is fair and appropriate: an internal fee analysis, a basic third-party fee analysis, and a complex third-party fee analysis. Internal Fee Analysis Many municipalities design fee structures for STR licensing through a self-directed process. Internal fee analyses allow for a variety of inputs that match the goals of respective communities, and many apply unique considerations. For example, the Town of Dillon assesses an STR licensing fee ($250) and a parking fee ($300 per required parking space). Basic Third-Party Analysis At least two municipalities in Colorado hired a third party to conduct a fee analysis using the basic inputs of software costs and personnel costs related to the STR licensing process. One of the two fee analyses also included the cost of office space and equipment for STR licensing. Both Basic Third-Party fee analyses resulted in a recommended STR licensing flat fee of $400. Complex Third-Party Analysis In the last six months, at least two ski-resort communities near Avon hired a third party to conduct a STR fee analysis that incorporates the impacts of STRs to housing supply and tourist vs. local spending in their respective communities. Both Complex Third-Party fee analyses calculated: 1. The gap between what employees can afford and the cost to purchase a home in the community 2. The impact of a home being used as an STR instead of being occupied by a local resident 3. The difference between the impact of guest spending in the local economy vs. the baseline impact of local resident spending The Complex Third-Party analyses for the municipalities advised that the maximum reasonable annual fees per bedroom are $5,912 and $2,162 respectively however, those figures apply a 100% mitigation rate. Town of Avon currently assesses a $75 annual fee for each STR license. Additionally, municipalities often, when designing STR fee structures, commonly apply the following considerations: • Property type • Condo / hotel vs. single-family residence, duplex, etc. Page 3 of 7 • Zoning • Front-desk management • Number of bedrooms or occupancy • Residence of property owner • Reduced licensing costs for: • Primary residents • STR property owners who reside at the STR property (“RO”) Staff has found that municipalities, whether a fee analysis was conducted or not, commonly apply a flat licensing fee plus fees related to the number of bedrooms or occupancy in each STR. Municipalities generally reduce costs for STR licensing renewals compared to initial licensing for properties. Caps on Short-Term Rentals In April 2022, the Colorado Association of Ski Towns (“CAST”) shared their updated STR Ordinance Matrix (see Attachment C). Of the twenty-seven (27) municipalities that indicated that they allow STR licenses, seven (7) reported that they cap STR licensing. Municipality Cap Type Limitations Notes Breckenridge Numerical 2,200 STR licenses excluding hotels / condos This cap limit is less than the number of existing STRs Crested Butte Percentage 30% cap for all free market residential units Primary residence vacation rental licenses are limited to no more than 60 nights per calendar year. Estes Park Numerical 322 STR licenses in residential zoning No STR license limit in commercial zoning Glenwood Springs Percentage / Distance 5% cap for all free market residential units Additional restriction: STRs cannot be within 250’ of another existing STR licensed property Ouray Numerical 120 STR licenses Cap & Trade Program: if a property owner provides 3 long- term rental units, 1 STR license may be issued on the same property Salida Percentage / Distance 75% - Residential Zones 70% - C/2 Historic District 25% - Hwy 291 Corridor, 35% - Industrial Corridor, 70% - Hwy 50 Corridor Additional restriction of 1 STR license per block in residential zones Telluride Numerical 750 STR licenses License cap to be revisited in Nov. 2023 Page 4 of 7 The variety of cap types and their components show how communities attempt to manage the locationality and rate of STR saturation in the housing stock. The ordinance does not provide details on the conditions and saturation rates of STRs before the respective caps went into effect. Pros and Cons of Types for Caps: Cap Type PROs CONs Numerical Cap • Most predictable financial outcomes • Can be adjusted over time • Easiest to administer • Restrictive • Disincentivizes future development • Inequitable / arbitrary • If license is transferable, it may inflate STR values Percentage Cap • Growth in STRs matches increase in dwelling units • Most logical / proportional / equitable • Any adjustment to the cap will appear to favor / restrict upcoming development projects • Most complex to administer Distance Cap • Prevents intense STR saturation of specific zones / areas • Unwieldy given our density • Likely too impractical to implement Municipalities also typically regulate the transferability of STR licenses as a component of capping licenses. In most municipalities including Avon, a STR license is non-transferrable. This means that if a property with a STR license is sold to a new owner, the STR license automatically expires. Generally, transferability of STR licenses does not impact the value of STR properties significantly unless there is a cap on licenses. ATTACHMENTS: Attachment A: Email replies from STR License Holders in response to STR Policy Notification Attachment B: Ordinance No. 22-08 Attachment C: CAST STR Ordinance Matrix – April 2022 FINANCIAL CONSIDERATIONS: Council should consider whether Ordinance No. 22-08 includes a fee structure that adequately applies fees that offset costs for licensing, regulation, and community impacts. Council should also consider the impacts of an increase in STR licensing fees, and whether the proposed fee structure represents fairness and equity for property owners who choose to use their property for STRs. RECOMMENDATION: Of the proposed options, Staff recommends Council moving forward with Option 2. OPTIONS: The following represent options for next steps regarding Ordinance 22-08 1. No Action 2. Approve first reading of Ordinance 22-08 as drafted and set a public hearing and second reading date of June 10, 2022 3. Approve first reading with modifications to Ordinance 22-08 and set a public hearing and second reading date of June 10, 2022 4. Continue discussion Page 5 of 7 PROPOSED MOTION: “I move to approve Ordinance 22-08 and set a public hearing and second reading date for the next Town Council Meeting – June 10, 2022. Thank you, Max ORDINANCE 22-09: STRO ZONING AMENDMENT AND CODE TEXT AMENDMENTS ANALYSIS: Staff performed a visual exercise that “mapped” out or located/placed the number of STR licenses within the area and properties proposed for the second tier, Resident Occupied requirement. This map is helpful to see what properties already have STR licenses and show which properties may be impacting what were traditionally full-time residencies. It also demonstrated that several second-tier properties presently do not have STR licenses. Moving forward, Staff may like to use and expand this map for management purposes of STR licenses throughout town, as it helps monitor STR locations in general. Applying the results of this exercise to the overlay shows that the amendment will presently affect a much smaller number of existing licensees than previously realized. As such, far less grandfathering of existing STR licenses will be “created” with this zoning amendment, should the Council decide to implement this strategy. With the Code Text Amendment, Staff incorporated the edits to the language initially proposed in conjunction with the STR Overlay amendment, as suggested by Council on April 26th. Furthermore, after reflecting on the April 12th and 26th hearings, staff created two alternatives that would also modify the AMC and address the goals of this ordinance, without the need for a concurrent STR Overlay amendment. This entails updating the Town Core Map that was established when the development code was adopted in 2011. The Town Core Map is referenced within the AMC and applies certain provisions specific to the delineated area centering around commercial and similar uses, encapsulating several zone districts (see Exhibit B1). As the Town Core Map is not a zoning overlay, a Rezoning application is not necessary and may be modified and reestablished with Ordinance No. 22-09. As such, Staff has created two-2 versions of Ordinance No. 22-09, offering Council choices in how they wish to move forward with considerations to STR licensing, regulation, and community impacts. Ordinance No. 22-09 version A pertains to implementing modifications to the STRO, with related Code Text Amendments. Ordinance No. 22-09 version B pertains to modification of the existing Town Core Map, with related Code text Amendments associated with a Resident Occupied requirement, or, modification of the existing Town Core Map, with related, general Code text Amendments with use of a new process of evaluation. The following is a summary of regulatory modifications for Council’s consideration: •Ordinance A: Amendment to STR Overlay creating a second tier (RO area to the overlay) and associated Code Text Amendment. (Ordinance No. 22-09 – A and Exhibit A1) •Ordinance B: Modification to the Town Core Map with Code Text Amendment requiring RO in areas outside of the Town Core area. (Ordinance No. 22-09 – B and Exhibit B1) •Ordinance B: Modification to the Town Core Map with Code Text Amendment requiring areas outside of the Town Core area to apply for a new administrative process that evaluates compatibility of STRs, as well as implements public notice requirements; where, if neighboring Page 6 of 7 properties are not in favor of a property implementing an STR they have an opportunity to present their opposition to the PZC. (Ordinance No. 22-09 – B and Exhibit B2) To fully understand the proposed effects of Ordinance No. 22-09, Staff considered the following pros and cons of each of the proposed STR regulatory alternatives: Pros and Cons of Ordinance No. 22-09 versions A and B: PROs CONs Ordinance A: Amendment to STRO, with Code Text Amendment • Clearly indicates to people where STRs and more intense impacts should be placed (Town Core vs. outside of this area). • May cause some people to reconsider implementing STRs. • Preserves full-time residency in areas with that history. • May eliminate out of town investors from purchasing outside of Town Core. • Will cause grandfathering of several licenses. • May cause some people some confusion if they were planning on implementing STRs but have not yet. • Administration/notification - very property specific. Some properties may feel inequitably targeted as a result. Ordinance B: Modification to the Town Core Map with RO Requirement in Code Text Amendment • No rezoning necessary. • More rational/fair as it does not target any specific properties. • RO may not be appropriate for every property in this area. Ordinance B: Modification to the Town Core Map with new process in Code Text Amendment • Encourages public engagement and offers an opportunity for neighbors to express their opposition. • May cut down on violations as permit may be revoked as a zoning violation vs. license violation. • Organized way to evaluate STRs and compatibility with other uses. • May deter people from pursuing STRs outside of Town Core. • It is a process that does not rely on professionals to help with. It is a non-technical application. • Allows PZC to evaluate in the case of opposition. • Adds an additional process and possible expense. • Quasi-judicial aspect may add time in obtaining license due to scheduling and notification. • Persons may use process for unsubstantiated concerns. ORDINACE 22-09: ATTACHMENTS / EXHIBITS As mentioned, two (2) versions of the proposed Ordinance No. 22-09 have been provided for Council, attached to this report. Attachment D: Ordinance No. 22-09 version A is in conjunction with a proposed amendment to the STR Overlay (Rezoning Application) and Code Text Amendment. Attachment E: Ordinance 22-09 version B proposes a modification to the Town Core Map and Code Text Amendments. Page 7 of 7 There are two (2) exhibits for Ordinance B. Exhibit B1 limiting STRs in the area outside of Town Core as Resident Occupied, and Exhibit B2, which proposes the same modification to the Town Core Map and introduces (a much-needed) process to the AMC to be used to establish compatibility of uses by utilizing the public notification process to analyze community impacts. ATTACHMENTS: Attachment D: Ordinance No. 22-09 Attachment E: Ordinance No. 22-09 Version B FINANCIAL CONSIDERATIONS: Having an application process may add a nominal cost to obtaining an STR. Otherwise, both Staff time and an unopposed STR application would be similar to a license verification review. RECOMMENDATION: Of the proposed options, Staff recommends Council moving forward with Option 2, with consideration to which Ordinance version is selected by Council. OPTIONS: The following represent options for next steps regarding Ordinance No. 22-09 1.No Action 2.Approve first reading of Ordinance No. 22-09 version A as drafted and set a public hearing and second reading date of June 10, 2022; or Approve first reading of Ordinance No. 22-09 version B with Exhibit B1 as drafted and set a public hearing and second reading date of June 10, 2022; or Approve first reading of Ordinance No. 22-09 version B with Exhibit B2 as drafted and set a public hearing and second reading date of June 10, 2022; 3.Approve first reading with modifications to Ordinance No. 22-09 version A and set a public hearing and second reading date of June 10, 2022 Approve first reading with modifications to Ordinance No. 22-09 version B with Exhibit B1 and set a public hearing and second reading date of June 10, 2022 Approve first reading with modifications to Ordinance No. 22-09 version B with Exhibit B2 and set a public hearing and second reading date of June 10, 2022 4.Continue discussion PROPOSED MOTION: “I move to approve Ordinance No. 22-09 version with Exhibit and set a public hearing and second reading date for the next Town Council Meeting – June 10, 2022. Thank you, Jena ATTACHMENT A - SPUBLIC COMMENTS Dear Avon Town Council Members, It was brought to my attention that Short Term Rentals are on the agenda for this evening, so I’d like to express my concern. It seems, especially over the past couple of years, that short term rentals have taken up more space than long term rentals, thus pushing the local workforce out of the market. With this decrease in available housing to full-time residents, the market has sky-rocketed, making housing nearly unaffordable and so highly coveted that renters are paying prices that are not only astronomical, but taking up more than half of their regular income. One of the “most common rules of thumb” is that you should not spend more than 30% of your monthly income on housing so as to be able to afford things like food, healthcare, etc. In our current, inflated economy, the Eagle County housing market, Avon in particular, is making this impossible. I’ve had many conversations with community members who all feel very similar sentiments, there needs to be a cap on Short Term Rentals, and should have been one in place a long time ago. Not only that, but those apartments that are already short term, need to be taxed as commercial units, rather than residential properties. If someone’s apartment has a revolving door of visitors occupying their space, then it is no longer a residential unit and has become a commercial outlet for their income. I’ve first moved to this valley more than 15 years ago – I’ve worked in retail, customer service, food and beverage, as well as healthcare. I was never ready to buy a home when I was younger, and now that I’m a mid-30’s professional, I can’t even dream of buying one. I am fortunate that I was able to find a place to live that’s semi-affordable for a single person, but I found it through word-of-mouth, because I’ve been here long enough to know people. There are many who are less-fortunate than I am who are wanting to move here and “live the dream” of being in the mountains. While we all understand that it’s not always an easy life, finding housing should not be as much of a nightmare as it currently stands. As someone who has been placing my roots here since I was only 18 years old, I would love to keep them in the ground. I know there are many, many more residents like myself, who call this place home, but don’t actually have a home to call their own. I am asking, very briefly (because I’m at work and I don’t have a lot of time to spend on this), PLEASE do something to help your locals. Our community is so special and so VERY incredible. We’re here to serve the tourists, yes, but we’re also here because we love where we live and we’ll do just about anything to stay here (including paying FAR MORE than we should for rent). With Kindness, Sara Striegl Attachment A - STR Public Comment to Council 1 From: Amy Reid <areid@vbr.net>  Date: April 22, 2022 at 9:58:24 AM MDT  To: Council Everyone Group <council@avon.org>  Subject: Vail Board of REALTORS Letter  April 22, 2022  Avon Town Council  100 Mikaela Way  Avon, CO 81620  VIA EMAIL: council@avon.org   Dear Council Members:  The Vail Board of REALTORS absolutely agrees and supports the efforts, to help identify potential  solutions to our housing challenges. However, we are eager to find solutions that do not infringe upon  or change the private property rights of our community’s current or future homeowners.   To be clear, the current discussion around regulations, moratoriums, fines and limiting registrations  for short‐term rentals in our market as a solution is nothing more than an infringement on private  property rights. The proposed solutions are highly speculative and unproven in other communities  around the country. If implemented, the most likely result is simply more strain on the local housing  market. Simply put, short‐term rentals are not the cause of our problems.   We believe further discussion around this issue is necessary for our business and community leaders  along with elected officials to find creative solutions to increase the supply of diverse housing for our  growing market. We do not have a short‐term rental problem; we have a housing supply problem.  A healthier housing market is only going to be developed by creating and implementing innovative  solutions that increase the supply of diverse housing products. We have a great example of a creative  solution in the Miller Ranch Development.     Our problem has been and remains the lack of a diverse range of housing supply. While the supply  shortage is overwhelming in its scale and overall impact on our community, we know that it will not  correct itself in traditional real estate cycles and, the longer we sit back and do nothing, the deeper the  damage to our economy.  There are a wide range of additional solutions to our affordability/accessibility needs that must be  explored and collectively, can help us achieve positive, long‐term results and maintain the integrity of  the entire community. Those solutions may include but are not limited to appropriate and targeted  homeowner incentives, re‐evaluating fees and licensing structures, and the easing of trade, labor,  finance and land‐use issues.    Attachment A - STR Public Comment to Council 2 Vail REALTORS® and those we represent are eager to be a part of the conversations and solutions to our  housing challenges as we work collaboratively to find the answers to our community’s housing makeup.  It is critical we change the outlook from financial and social instability to economic growth built upon a  solid foundation in the decades ahead.  Sincerely,  Vail Board of REALTORS    Amy Reid Association Executive  Vail Board of REALTORS® Vail Multi-List Service, Inc. Vail Board of REALTORS® Foundation email: areid@vbr.net Direct: 970-766-1029 Office: 970-766-1028 0275 Main Street G004 Edwards CO, 81632  www.vbr.net Attachment A - STR Public Comment to Council 1 Max Morgan From:Erin Green <erin.green1776@gmail.com> Sent:Monday, May 09, 2022 5:00 PM To:Short Term Rentals Subject:Short term rentals TOA:  We are in favor of allowing short term rentals in Avon. We understand the housing shortage in the Valley. It would seem  that most short term rentals would not be available for long term‐ most people I know who rent short term simply fill in  some gaps when they are not in their property. We also own some properties we rent to long term tenants and families  at under market rates, persons that work in the area. We continue to improve these properties. Allowing short term  rentals does give guests an option of a range of properties.   Thank you for listening.   ‐‐   Erin Green   erin.green1776@gmail.com  Attachment A - STR Public Comment to Council 1 Max Morgan From:Al Bonneau <albonneau@comcast.net> Sent:Tuesday, May 10, 2022 3:33 PM To:Short Term Rentals Subject:Reply to Proposed STR changes Dear Sir or Madam,  OK, enough is enough.  Please see the following points AGAINST changing the STR rules in Avon:  *The Town already raised the rental tax in Avon 2% last year. The Town of Avon has the HIGHEST TAXES IN EAGLE COUNTY! More than Vail, BC...anywhere. *If there are even more onerous restrictions to renting as an STR, we will cease doing so and Avon will receive even LESS revenue from lodging taxes AND other taxes due to reduced headcount and, therefore, spend in other community locations. All this will accomplish is limit the number of tourists in Avon and cause local businesses to suffer. *If these additional fees ($1,000 for a license??!!) go through, our unit will NOT resort to long term rental. If the Town thinks this is a solution to the lack of seasonal accommodations, you are WRONG! *Our condo is occupied by family members frequently throughout the year. We rent as STRs only occasionally to help pay for the already high taxes and fees in Avon. If we cease doing STRs, our property will simply become unoccupied while we are not in residence. *Other towns are attempting to restrict STR licenses (Telluride) and are finding that this is not the answer to the housing issue. This effort will end up backfiring if these proposed rule changes go through.  We have been following all of the rules to date and cooperative with the Town. Avon is receiving revenue that is already  excessive.  Second homeowners / STRs are not the problem. Stop digging into OUR pockets and figure out a public / private  partnership with the ski areas, the State and the County. I'd like to know what other solutions the Town Council has  discussed instead of always resorting to the "easy"   was: just keep raising taxes and fees.  Keep your hand out of our pockets and stop trying to restrict the use of OUR properties!  Kind Regards,  Al & Pam Bonneau  100 West Beaver Creek Blvd. #805  Avon, CO  Attachment A - STR Public Comment to Council 1 Max Morgan From:Monica Kryzer <mkryzer@hotmail.com> Sent:Tuesday, May 10, 2022 11:54 AM To:Short Term Rentals Subject:Comments regarding increases to fees for short term rentals in Avon We have been watching the discussion on this topic and want to provide input to the council.  We have a three bedroom  unit in Avon that is owned by two couples (brothers and their spouses).  We originally purchased the unit for friends and  family use without intending to rent.  One couple moved to the area two years ago, and with covid afoot decided to use  STR as a mechanism to bring in some extra cash. Since one couple was local, it could be easily managed if any problems  occurred.  One of us is on the HOA Board for our development and the Board members spend a considerable amount of  time ensuring safe sprinkler systems, snow removal, pest management, cleanliness, noise management, etc are in place  for the building.  The owners are now in our second year of licensing.  We use online booking services which request  safe cleaning practices.  If a unit doesn’t provide safe and clean environments, reviews by users will quickly reduce  popularity of the units.  We understood the added 2% in occupancy fees this year was to fund local worker or affordable  housing, which makes sense.  There is a shortage of affordable housing and we support the idea of creating more  affordable homes.  However, a huge increase in the cost of a license, such as being proposed by the town seems  ridiculous, especially in light of the potential number of rentals in the town and the fact that you would need to HIRE  people to monitor the regulations being proposed.  How does this help create affordable housing?   In all likelihood, a huge license increase and additional inspections or rules to follow would cause us to remove our unit  from the STR market, which means the town of Avon will lose license fees, sales tax, and occupancy taxes.    On the other hand, buildings in Avon that have a front desk and multiple units for rent should be charged by unit, so that  those owners pay their fair share of fees and taxes.  It’s unforgivable that this was overlooked in the past.    What the real intention of the proposals isn’t clear to us at this point.  Is the town trying to bring in money to hire  personnel (which are in short supply in the valley btw) or to create more affordable housing?  Or to reduce visitors to  the town?   It seems that the council needs to get a clear idea of expected outcome before voting on options.    Monica Kryzer  Gypsum, CO  Sent from my iPad  Attachment A - STR Public Comment to Council 1 Max Morgan From:Kate Mead <katrinamead@comcast.net> Sent:Tuesday, May 10, 2022 7:34 PM To:Short Term Rentals Cc:Warren Mead Subject:Comments opposing proposed changes to Short Term Rentals To Whom It May Concern  We are writing to express our STRONG opposition to proposed changes to short term rentals in the town of Avon.   We are second home owners in Avon and have been significant contributors to the tax revenues of the town over the  years by making our home available for visitors to Avon while we are not personally using our home.    While we understand there are issues with a shortage of housing, restricting short term rentals isn’t the solution.  Our  house is occupied by us or family and friends frequently throughout the year. Therefore, long term rentals are not an  option for us.  Working with the ski resorts, the county and the state to find long term sustainable solutions to this  problem should be where the town council focuses its efforts, not on further restricting short term rentals.   Restricting our ability to rent our house when we’re not there would not only NOT help with the housing supply issue, as  it would never be made available as a long term rental, but would have a significant negative impact on tax revenues  received by the town, while simultaneously negatively impacting the quality of family‐friendly accommodations for  visitors to Avon, who also bring money to the town and to local businesses. It’s difficult to imagine that there wouldn’t  also be a deleterious effect on Avon neighborhoods from having vacant homes, like ours would be, for possibly large  portions of the year.   We strongly oppose changes to these rules. If they do go into effect, I think the town will find that it’s cut off it’s nose to  spite it’s face. Not only will the issue of housing availability not be improved by these measures, the town and local  businesses will be hurt by a significant decline in revenues generated by properties like ours ‐ which are subject to the  highest tax rates in Eagle county.   Sincerely,  Kate & Warren Mead  Attachment A - STR Public Comment to Council 1 Max Morgan From:Doug Petersen <douglas_petersen@hotmail.com> Sent:Tuesday, May 10, 2022 11:55 AM To:Short Term Rentals Subject:Re: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING The proposed fee hike is substantial and cost prohibitive. Going from $75 to $1,250 for a 3‐bedroom is over 1500%  increase. It will not make Short Term Rental issue better and will only push owners to maximize the number of days they  rent.   This is an overreach of government. There are better alternatives, like offering incentives.   With the existing 10% tax, Avon is already seeing tax revenues up 25%+ for 2021. Eventually this will get too overbearing  with more and more oversight. It will drive people to other cities that are more favorable & desirable.   From: MUNIRevs ‐ Avon <support@munirevs.com>  Sent: Monday, May 9, 2022 4:03 PM  To: douglas_petersen@hotmail.com <douglas_petersen@hotmail.com>  Subject: UPCOMING POTENTIAL CHANGES TO STR AND LICENSING   To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Doug Petersen   10567 Skyreach Road   Highlands Ranch, CO 80126  May 9, 2022  Dear Licensee:   You are receiving this letter because you hold a Town of Avon business license relating to short‐term property rental.  The purpose of this message is to inform you that the Town of Avon is currently working through modifications to short  term rental process and procedures. Changes will likely include a new fee structure, based on unit type, and  requirements to satisfy minimum safety standards. We are also evaluating whether portions of Town may be better  suited for owner‐occupancy requirements, and/or a cap on total licenses.  Next Steps  The Avon Town Council is set to review potential changes at their May 24, 2022 meeting.   Comments  Your comments are valued and will be shared with the Town Council. Please direct written communication to  str@avon.org and they will be included in upcoming meeting packets.  Info  For more information on current and proposed regulations, as well as meeting packet information, feel free to visit  www.avon.org/str over the next several weeks for updates. For questions please contact Max Morgan, Planner 1+, at  Attachment A - STR Public Comment to Council 2 970.748.4014.  Thank you  The Town of Avon  To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Attachment A - STR Public Comment to Council 1 Max Morgan From:Luke Ramirez <lukeaaronramirez@gmail.com> Sent:Tuesday, May 10, 2022 9:25 AM To:Short Term Rentals Subject:STR in Avon Hello,  Thank you for your recent communication regarding STR in Avon and the upcoming meeting to discuss potential  changes.  I wanted to make sure to write in to express our concern for this issue. Our family recently acquired a beautiful condo in  Avon in hopes to be able to use it frequently throughout the year as a get‐away for our quickly growing family.  I was fortunate enough to use the condo for my bachelor party in March of 2022 and we had an amazing time  skiing Beaver Creek Mountain and made countless memories.  For our family, the need for STRs cannot be understated. Simply put, we will not be able to financially make the condo  work long term if it wasn't for the ability to STR the space during the times we are back at home. Not only would this be  beyond disappointing for our close family, but this would also hurt the business that is generated for our partners who  help make this dream vacation home viable. Our cleaning partner is a husband and wife team who have a small,  boutique crew of ladies underneath them that all benefit greatly from the cleaning fees they are able to recoup from  their services. That money effectively circulates directly back into the local economy. Not to mention the amount of  tourism dollars that also is generated from our guests who come to experience this lovely town.  Even though we are a boutique, family run operation, we would technically be classified as investors. We ensure our  dealings with our guests, the communication, and respect for the permanent locals of Avon is always at top of mind. The  clientele that the amazing real estate in Avon attracts is a classly, quality, low maintenance and respectful group that we  believe greatly benefits the community more than it hurts it.  We are grateful for the opportunity to express our thoughts on this matter and I hope the city takes these thoughts into  consideration.  Respectfully,  Luke Ramirez  Attachment A - STR Public Comment to Council 1 Max Morgan From:Jeff O'Brien <JOBrien@eastwest.com> Sent:Wednesday, May 11, 2022 4:06 PM To:Short Term Rentals Cc:Jeff O'Brien Subject:Avon STR Rental Licensing - Fractional / Timeshare Properties Good afternoon,   As the town council forms a new policy around short term rental licenses, they should give special consideration to  fractional / timeshare properties. I oversee Falcon Point Resort at 175 Lake St. in Avon, 54 units with owners owning  individual weeks, over 2000 owners in total. Data points:   Due to the week by week ownership, the units cannot be used as long term rental housing. About 10% of the owners place their weeks in the rental pool. Most owners own one week. The additional rental inventory is owned by the association, approximately 230 weeks (a not for profit Colorado LLC). o Nearly all revenue from Association owned weeks is used to offset operating costs. Owners can rent their weeks on their own or through any third party and not required to use the management company on site. The inventory released to rent goes into a pool, so unit assignments are not fixed. The number of bedrooms available varies significantly, therefore very difficult if not impossible to calculate average bedrooms available or charge licenses on a per‐bedroom basis. Please be mindful of the non‐standard situation Avon’s fractional properties present. Thanks for the consideration.   My best,   Jeff  Jeff O’Brien Director of Operations  300 Prater Rd. PO Box 8280 | Avon, CO 81620  d: 970.790.3121 | m:801.360.3027  jobrien@eastwest.com  Attachment A - STR Public Comment to Council 1 Max Morgan From:Shelley Slater <soslater2@gmail.com> Sent:Wednesday, May 11, 2022 9:21 AM To:Short Term Rentals Subject:Thoughts on STR Tuesday, May 10, 2022 Town of Avon, Short Term Rentals Comments from a community member This letter is in response to solicited comments for the Town of Avon town council while the members ponder short term rental modifications. As an 18 year resident of Avon, I would like to share my situation so that you can keep in mind the importance for some of us who use rental income to partially fund living in the community. I live in the Avon Center or 100 W Beaver Creek Blvd. The condo I purchased back in 2004 is a 3 bedroom with 2 bedrooms configured like a hotel room - separate entrances bed and bath. Although some of my neighbors rent these small units out for long term, they are not really designed for that purpose. There are no cooking facilities. I feel fortunate that I was able to find and purchase a property that provides the ability for me to have a source of income that supplements other work that I do. I would not be able to live in the valley without it. Shortly after I moved to the valley, I was laid off from my good paying job. At the age of 50, I found it difficult to find work in the field where my competencies were. The jobs in the valley did not pay any where near the income that I needed to get by and my age seemed to be a factor. I did what I could to maintain some sort of lifestyle, but it has been a struggle. I started renting out 2 of my rooms to supplement living expenses over the last 18 years. Other work that I have done is real estate - both selling and a little property management, some consulting work for construction and telecommunications, and most recently, I have started an Appliance Repair Business after realizing a huge need in the valley for these services. However, starting a business requires a huge financial commitment and cash outlay and the income that I get from my short term rentals is a very vital source of income to keep me financially afloat. The costs for me to do this are increasing. I understand that there are some investors who are maybe, unfairly, profiting from the whole Airbnb short-term rental phenomena, but there are business license fees with the Town of Avon as well as the State of Colorado. Airbnb, the best place I have found to market my rentals, charges substantial fees and with the new 2% additional tax on non-hotel short-term rentals that was recently implemented, I am finding it harder and harder to compete. More fees and regulations will make it even more difficult. I am sure I am not the only one in this situation. I will be happy to discuss my thoughts and possible solutions with any member of the town council. Thanks for listening, Shelley Slater soslater2@gmail.com 720-299-7585 Slater Consulting, LLC  soslater2@gmail.com  720‐299‐7585  Attachment A - STR Public Comment to Council From:Michael Valigore To:Short Term Rentals Subject:short-term rental feedback Date:Friday, May 13, 2022 1:59:37 PM Hello, We live in Sunridge. This condo is our primary and only residence. Throughout the year, we rent the extra bedroom in our condo on Airbnb to provide an extra source of income. We also rent out the whole unit when we are out of town or it makes financial sense to do so. We are happy to pay whatever taxes/fees levied by the town. But we think it is unfair that we, as year-round residents who own one property, pay the same tax/fee rates as someone who lives out of state and short-term rents their multiple investment properties. Thank you for your time, MK Homestay #007676 Attachment A - STR Public Comment to Council From:Sara George To:Short Term Rentals Subject:Avon Short Term Rental Comments Date:Sunday, May 15, 2022 1:16:01 PM Thank you for your email regarding upcoming potential changes to short term rentals in Avon. We agree there needs to be minimum safety standards for any rental, long term or short term. We certainly hope that we are able to continue to offer our condo in Chapel Square for other families to enjoy during the ski season, by means of a short term rental. This brings in a large amount of revenue each season for the Avon and Beaver Creek area. It would be a great loss of revenue for the entire area. This decision needs to be made as soon as possible, since we already have several families that have reserved their stay, as well as bought epic passes. If we need to change our fee structure we need to know ASAP. If you should decide to raise it more than the 10% already being paid, it will become a place that most families/tourists cannot afford to rent any longer, thus a lost income for Avon/Beaver Creek. We try to offer our rental at a price families can still afford to enjoy experiencing the wonderful mountains. We hope the Town of Avon will continue to make the right decisions as it has become a beautiful town for tourists to visit during all seasons. However, if you choose to not allow short term rentals in Chapel area, we will NOT change to long term rental. We enjoy coming out to use the condo during the non busy season, which would not allow us to offer it as a long term rental. Robert George, Chapel Square Unit 230 owner 608-406-6302 Attachment A - STR Public Comment to Council From:Morrison, Keith To:Short Term Rentals Subject:Proposed Short Term Rental Changes in Avon Date:Sunday, May 15, 2022 8:09:04 PM Attachments:image001.png To Whom It May Concern On behalf of my family, including my two children learning to ski at Beaver Creek, we are writing to express our STRONG opposition to proposed changes to short term rentals in the town of Avon. We are second home owners in Avon and have been significant contributors to the tax revenues of the town over the years by improving the property, and making our home available for visitors to Avon, while we are not personally using our home. While we understand there are issues with a shortage of housing, restricting short term rentals isn’t the solution. Our house is occupied by us or family and friends frequently throughout the year. Therefore, long term rentals are not an option for us. Working with the ski resorts, the county and the state to find long term sustainable solutions to this problem should be where the town council focuses its efforts, not on further restricting short term rentals. Restricting our ability to rent our house when we’re not there would not only NOT help with the housing supply issue, as it would never be made available as a long term rental, but would have a significant negative impact on tax revenues received by the town, while simultaneously negatively impacting the quality of family-friendly accommodations for visitors to Avon, who also bring money to the town and to local businesses. It’s difficult to imagine that there wouldn’t also be a deleterious effect on Avon neighborhoods from having vacant homes, like ours would be, for possibly large portions of the year. We strongly oppose changes to these rules. Not only will the issue of housing availability not be improved by these measures, the town and local businesses will be hurt by a significant decline in revenues generated by properties like ours - which are subject to the highest tax rates in Eagle county. Thank you for your consideration, -Keith Keith MorrisonSr. Director, Global Marketing | Patient MonitoringBlood Oxygen Management & Respiratory Compromise Medtronic6135 Gunbarrel Ave | Boulder, CO 80301 | USAOffice 303.305.2607 | Mobile 303.808.5863 keith.a.morrison@medtronic.com medtronic.com |Facebook |LinkedIn | Twitter | YouTube Attachment A - STR Public Comment to Council This information may be confidential and/or privileged. Use of this information by anyone other than the intended recipient is prohibited. If you receive this in error, please inform the sender and remove any record of this message. [CONFIDENTIALITY AND PRIVACY NOTICE] Information transmitted by this email is proprietary to Medtronic and is intended for use only by the individual or entity to which it is addressed, and may contain information that is private, privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority, you are notified that any use or dissemination of this information in any manner is strictly prohibited. In such cases, please delete this mail from your records. To view this notice in other languages you can either select the following link or manually copy and paste the link into the address bar of a web browser: http://emaildisclaimer.medtronic.com Attachment A - STR Public Comment to Council From:Dana Rubin To:Short Term Rentals Subject:letter of opposition to short term rental proposal Date:Monday, May 16, 2022 9:44:45 AM To Whom it May Concern, Please take into consideration the following reasons why we are STRONGLY against changing the terms of short term rentals. 1.Changing them will not help the issue of affordable housing, it actually could create the opposite effect. Because I use my property a lot during the year, long term rentals are not an option and with real estate selling at an all time high the long term rents would be unaffordable to most. 2. Short term rentals bring a lot of income into the town of Avon. Why would you want to limit that???? 3. Travelers looking for rentals would choose other places to go because short term rentals are a hugely desirable accommodation choice. We oppose changes to the current rules for short term rentals because of the above reasons and because it's been working so well the way things stand. Thank you for your time, Mitchell and Dana Runin Attachment A - STR Public Comment to Council -----Original Message----- From: matt Tonn <mtonn78@icloud.com> Sent: Tuesday, May 17, 2022 1:43 PM To: Council Everyone Group <council@avon.org > Subject: 5/17Comments for town council meeting All, my name is Matthew Tonn, Full time resident/Owner, here at: 816 W. Beaver Creek Blvd Lakeview Condominiums, Avon I’d like to comment on the t opic of STR. I strongly oppose STR in our Avon condominium/ apartment complexes as a whole. I am in favor of the recent re-zoning map that would no longer allow Lakeview at Benchmark Condominiums to STR. We are steps away from the elementary school(school zone). I cannot think of another town in the world that has hotels in a school zone? Clerkless hotels in our case. Community safety and security is being compromised by transient turn and burn rentals . Avon is loosing residents and community that I’ve grown to love over the past 22 years. Let’s keep our full time/ year round residents a top priority, please. There is no community without us. Matthew Tonn Lakeview at Benchmark Condos Sent from my iPhone Attachment A - STR Public Comment to Council Ord 22-08 Short Term Rental Licenses May 24, 2022 – First Reading Page 1 of 3 ORDINANCE NO. 22-08 AMENDING SECTION 5.04.050 OF THE AVON MUNICIPAL CODE CONCERNING SHORT TERM RENTAL LICENSES WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council of the Town of Avon (“Council”) finds that interest and investment in Short Term Rentals has increased in the Town of Avon as well as increased generally in numerous other mountain resort communities, and that such increase in Short Term Rental use has reduced the stock of residential housing available for long-term rentals, thereby exacerbating the lack of local work force housing while increasing the impacts of an accommodations use; and WHEREAS, Council adopted the Avon Community Housing Plan which sets forth certain goals and strategies to promote the availability of Community Housing in Avon, including the adoption of regulations and fees for Short Term Rentals; and WHEREAS, Council finds that the regulation of short term rentals and adoption of minimum management requirements for short term rental use is necessary to promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Section 5.04.040 Re-Enacted. Section 5.04.050 of the Avon Municipal Code is hereby repealed and re-enacted in its entirety to read as set forth in Exhibit A: Section 5.04.050 Short Term Rentals. Ord 22-08 Short Term Rental Licenses May 24, 2022 – First Reading Page 2 of 3 Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 22-08 Short Term Rental Licenses May 24, 2022 – First Reading Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on [_______________], 2022 and setting such public hearing for [_________________], 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on [_______________], 2022. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney Chapter 5.04.050 – Short Term Rental Licenses Page 1 of 3 EXHIBIT A: 5.04.050 SHORT TERM RENTALS 5.04.050. Short Term Rentals (a)Short Term Rental License. A Short Term Rental License shall be obtained from the Town prior to any operation of a Short Term Rental or Resident Occupied Short Term Rental. The Short Term Rental License shall serve as the Business License for a residential unit. Failure to obtain and continuously maintain a Short Term Rental License while operating a residential dwelling, or portion thereof, as a Short Term Rental shall be a violation of this Chapter 5.04. (b)Short Term Rental Definitions. The following terms are defined and apply to Short Term Rentals (1)Front Desk or Manager means any arrangement where a property has an on-site front desk or a manager arrangement that oversees more than one short term rental. (2)Resident Occupied Short Term Rental means any residential property for which a full-time resident resides at such residential property as that resident’s primary residence and for which a portion of the property is rented for fewer than 30 days. (3)STR License means a license to operate a Short Term Rental. (4)Short Term Rental means any residential property for which the entire residence is rented for fewer than 30 days and is assessed as residential property by the Eagle County Assessor. (c)Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee. The Short Term Rental License Fee shall be paid annually as follows: (1)Resident Occupied Short Term Rental: $500 (2)Front Desk/Manager for Time Share Properties: $500 plus $25 for each bedroom in the timeshare property that is used for short term rentals. (3)Short-Term Rentals: (i)Studio or One Bedroom: $750 (ii)Two Bedroom: $1,000 (iii)Three Bedroom: $1,250 (iv)Four Bedroom or Greater: $1,500 (d)Minimum STR Management Requirements. The following Minimum STR Management Requirements shall be continuously met by a Short Term Rental License holder and the failure to continuously meet these minimum management requirements shall be deemed a violation of this Chapter and grounds for suspension or revocation of a Short Term Rental License. The STR License Holder shall sign an affidavit each year upon obtaining an STR License and renewing such license that shall affirm compliance with the these Minimum STR Management Requirements. Chapter 5.04.050 – Short Term Rental Licenses Page 2 of 3 (1) Management Contact. The STR License Holder shall communicate current contact information for a Management Contact person to all renters who shall be available to respond to urgent matters, such as water leaks or heating malfunction. The contact information shall include a cell phone number and email address. The designated Management Contact shall be available to respond to any renter within four (4) hours by phone or email and shall be available to respond in person, or cause a designee or agent to respond in person, within twenty-four (24) hours. (2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License Holder shall provide and maintain smoke alarms, carbon monoxide alarms, and fire extinguishers as required to meet minimum building codes. (3) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys must be cleaned on an annual basis. (4) General Maintenance. The STR License Holder shall continuously maintain the residential unit in a manner that is fit for occupancy by visitors, including but not limited to all plumbing, electrical, heating and cooling, and operation of doors and windows. (5) Parking. The STR License Holder shall provide a legal off-street parking space to serve the Short Term Rental License which meets the parking requirements of a Development Plan approved by the Town of Avon or meets the minimum parking requirements set forth in the Avon Development Code. (6) Trash and Recycling. The STR License Holder shall provide cleaning service for trash and recycling and/or access to trash and recycling which is located on the property where the Short Term Rental unit is located. (7) Noise. The STR License Holder shall communicate to tenants that noise which is disturbing to occupants in other neighboring residential units is not permitted before 8 am or after 10 pm. (8) Nuisances. The STR License Holder shall communicate to tenants that nuisances will not be tolerated, including but not limited to odors, smoking, barking dogs. (9) Accurate Representation. The STR License Holder shall accurately represent the residential unit and associated amenities to visitors, including but not limited to size of unit, number of bedrooms, number of bathrooms, access to WIFI, and access to common amenities provided on, or with, the property where the Short Term Rental is located. (10) Visitor Information. The STR License Holder shall provide to Visitors the information and rules in this section and such other minimum information as the Town may determine appropriate for Minimum STR Management Requirements. (e) Advertisement of accommodations. Every property owner providing any room or rooms used for accommodation for a total continuous duration of fewer than thirty (30) days shall obtain and maintain a business license prior to advertising such accommodation. The failure to obtain a business license prior to advertising such accommodation shall be a violation of this Chapter. Chapter 5.04.050 – Short Term Rental Licenses Page 3 of 3 Advertising shall include any written, oral or video communication or publication disseminated by signage, mailing, print, internet listing, e-mail publication, social media, other electronic means, telephone or other means which is intended to directly or indirectly induce a person to use or possess the accommodation for consideration. Any advertisement of accommodations shall prominently display the Avon business license number in the advertisement as, "Avon STR License No. [insert number]". The failure to prominently display the Avon business license number in any advertisement of accommodation shall be a violation of this Chapter. (f) Administration of Short Term Rental Licenses. The Community Development Department shall review license applications and license renewals for Short Term Rentals and provide verification to the Finance Director that licenses meet the minimum requirements for STR Licenses and all relevant provisions of Business Licenses generally. The Community Development Department shall have the authority to create and adopt application forms, procedures for registering complaints, and such additional rules and regulations as may be required to implement and efficiently administer STR Licenses. (g) Complaints and Violations. The Community Development Department shall receive complaints concerning Short Term Rentals including any violations or non-compliance with the requirements of this Section. The Community Development Department shall investigate complaints and determine if non-action, a warning, a fine or revocation of an STR License is appropriate. In all cases, the complaint shall be communicated to the STR License Holder. The procedures and criteria for revocation of Business Licenses set forth in Section 5.04.110 shall apply to proceedings for revocation of a STR License. The provisions set forth in Chapter 5.04 Business Licenses generally for violations, penalties and enforcement shall apply to STR Licenses. Short‐Term Rental Ordinance Matrix ‐ April 2022 CAST Member Survey Agency Allowed in  Primary  Residence? Allowed in Non‐ Primary  Residence? License  Required? Limit # licenses issued? Limit # of licenses issued  per person? Fees (note $) Done a Fee  Study? Which Taxes  Required?  (lodging, STR,  excise, etc. Note  %) Who collects taxes,  municipality or  listing agency? Neighbor  Notification  Required? Concentration Limit?  (i.e. # allowed/block) Zoning Limitations? (i.e. STRS  only allowed in certain  zones.) Occupancy Limits?Limits on # of nights per  year? Require a “local responsible  party”  to take complaints?  Mandatory response time  for the responsible party to  address complaint? Utilize a 24 hour call  center for complaints? Compliance Efforts?  (Compliance monitoring  company, internal staff,  software, other) STRs allowed on  deed restricted  units? Use of moratoriums?Total # of  housing units Number of  licenses issued % of residential  units with STR  licenses Long Term Rental  Incentives? Weblink to STR  ordinance(s) Data/Metrics that demonstrate  success of regulations? New/Innovative  programs to share?  Other Notes Aspen yes yes yes no ‐ but under mortorium for new  licensing and expect limits TBD forthcoming forthcoming lodging and sale licenseholder must remit  to city TBD. Aspen's new  regulations will be  published for first  reading in late May  2022. TBD TBD TBD TBD TBD TBD TBD TBD TBD Yes. Currently in place approx 1400 no In process of writing a more  comprehensive code  Avon Yes Yes Yes, non‐ transferrable No No $75 No 4% sales tax, 4%  accommodation tax,  2% STR Tax for  Community Housing Municipality No No Short‐Term Overlay District ‐  primarily town core No No No No No Internal Staff and LodgingRevs  software for compliance  notifications No No 4044 247 issued in  2021 / 326 active  in April 2022 8.10%None https://www.avon.org/2108/Sh ort‐Term‐Rental‐Enforcement STR Tax for Community Housing totaled  $148,282 in Jan 2022 ‐ the first month of  inclusion in the municipal code Revisiting regulation  strategies with  Planning & Zoning  Commission / Town  Council in Spring 2022 The Town is considering a new  tiered STR overlay relative to  resident owned/occupied  properties in specific areas, a  registration program with  health/safety/wellness   components and a registration fee  relative to  management/administrative costs. Basalt Big Sky Resort Area District, MT Blue River Yes Yes Yes No No $200/initial;  $150/annual No 12.275% (includes  3.4% lodging tax) State collects 8.875%;  town collects the 3.4%  lodging no no no 2 people per bedroom plus 2 no no no no Internal staff with Citizen Serve  Software N/A No 798 185 23%No yes;  https://townofblueriver.col orado.gov/short‐ter‐rentals yes no License numbers and regulations  are being reviewed Breckenridge Yes Yes Yes Yes. 2200 excluding condo/hotels  (which includes another 1600  plus STR licenses) No $75‐$175  license tax plus  a regulatory fee  of $400 per  bedroom Yes Sales 2.4%,  Accomodations 3.5% Both No No Town Counil is looking into  amending the current code to  establish zoning limitaions.  Estimated time for changes  April/May of 2022 Yes. 2 per bedroom + 4 for the  entire property Only on owner occupied units ‐ 21  days a year Responsible agent has to be  available by phone 60 minutes Yes Complinace/discovery software,  24/7 hotline, accommodation  compliance adminstrator,  community service officer Yes, only certain deed  restrictions No 7599 ‐ August  2021 4279 ‐ April 2022 56%Yes https://www.townofbrecke nridge.com/your‐ government/public‐ notices/2021‐council‐bills‐ and‐ordinances https://www.townofbrecke nridge.com/your‐ government/finance/short‐ term‐rentals Lease to locals Crested Butte Yes Yes Yes The number of unlimited vacation  rental licenses are limited to a  30% cap of all the free market  residential units located in the  limited permitted zone districts. No $750 for  unlimited  vacation rental  license.  $200  for primary  residence  vacation rental  license Yes 9.4% total sales tax  (Town, County, State,  RTA), 4% local  marketing district,  7.5% vacation rental  excise tax = total tax  rate of 20.9% Listing agency remits to  Town (& other relevant  entities) as of April 1,  2022 Yes, all properties  within 100ft. No Yes.  30% of non‐deed restricted  units in certain residential zone  districts Yes Primary residence vacation rental  licenses are limited to no more  than 60 nights per calendar year. Yes Must be able to respond within 1  hour. No Compliance software‐ LodgingRevs in conjunction with  internal staff No Yes. August 3, 2021‐ Agust 3, 2022 1244 194 unlimited  vacation rental  licenses currently.   Can be upto 212  issued but we are  currently in a  moratorium.  10  Primary residence  vacation rental  licenses.  16% of total residential  units None https://www.crestedbutte‐ co.gov/index.asp?SEC=0DA5 6E89‐36E1‐4A3A‐8001‐ 5F16483DEFCD&Type=B_BA SIC The loss of long‐term rental units in Town  has stalled since enacting vacation rental  regulations in 2018.  Hard to draw  causality, but there is a correlation. None Town will be  reviewing and updating the  vacation rental ordinance by the end  of  2022.  Denver Dillon YES YES YES NO NO STR LICENSE FEE  ‐ $250,  PARKING FEE  $300 x # of  spaces deficient YES SALES & LODGING  TAXES Lodging Taxes filed &  remitted to Town; Sales  taxes filed & remitted to  State of CO (SUTS).  VCAs  with both Airbnb & Vrbo No No No Occupancy based on # of  bedrooms (per County assessor  records) x 2 occupants + 2 per  property.  Ex) 2 bedroom  property has maximum occup. of  6 guests No Yes 60 minutes Yes Lodging Revs for: monitoring,  hotline, licensing and tax filing. No No 1492 370 25%Town is developing  incentive for ADU  (Accessory Dwelling  Units), fees waived of  approx. $14K https://library.municode.co m/co/dillon/codes/municip al_code?nodeId=DIMUCO_C H6BULIRE_ARTXISHRMRELI # of Properties licensed, lodging tax  revenues Updated STR  regulations approved  on 3/1/2022.   All STR licenses expire annually on  5/31. Durango Eagle County n/a n/a not currently n/a n/a n/a in progress sales county n/a n/a no STR‐specific zone limits n/a n/a n/a n/a n/a n/a No No 33,174 n/a currently unknown Yes n/a n/a not yet ‐ Minturn  requires 2 yrs a  primary residence  before STR Currently beginning nexus study  using vendor. Licensing likely to  follow. Fees/regs TBD. Estes Park Yes Yes Yes Yes for residentially zoned (322) No for commercially zoned No $200 base fee  $50 per  bedroom per  Assessors Yes to establish  a workforce  housing  regulatory  linkage fee 2% Local Marketing  District Tax Vacation home  workforce housing  regulatory linkage fee  $1390 annual adj by  CPI  Both.  Town is statutory  and does not collect its  own tax.  Regulations  require each vacation  home to have a sales tax  license regardless of  which agency they use to  rent the property and  collect sales and lodging  tax Yes No Allowed in all zoning districts  except Office, Commercial Heavy  and Industry zoning districts Yes ‐ 2 per bedroom plus 2 up to  8 unless a large vacation home  application has been approved  (still limited to 2 per bedroom  plus 2; i.e. 5 bedrooms allows 12  occupany with approval of large  vacation home application) No Yes Yes ‐ 30 minutes Yes LodgingRevs for compliance and  24 hotline Code Enforcement Officer to  enforce fines, suspension and  revocation No Yes ‐ moratorium on the  Town's residential  waiting list As of October 2021  residential properties  licensed are no longer  transferable to a new  owner approximately  5,000 471 with 322  residential unknown No www.estes.org/recordsporta l Residential Cap Moratorium on  residential  transferability Moratorium on  accepting residential  application due to  growing waitlist to 6 to  8 years Implementation of  workforce housing fee Fraser yes yes yes no no $150/annually in house, yes Colorado State Tax  2.9% + Grand County  Sales Tax 1.3% +  Grand County  Lodging Tax 1.8% +  Fraser Town Sales Tax  5% which equals 11% listing agency no no no no no yes yes, one hour no call center, but a complaint  portal or PD yes, Munirevs software  administered by staff no no 1800?250 ?no https://library.municode.co m/co/fraser/ordinances/mu nicipal_code?nodeId=86198 7 Looking at increasing  annual fees and non‐ compliance fees Frisco Yes Yes Yes No No $250 annually Yes, but only to  cover program  / license costs Lodging: 2.35%;   Sales: 2%; STR Excise:  5% Both; depends on listing  agency No No No Yes; essentially 2 people per  bedroom plus 2 No Yes Yes ‐ 60 mins Yes Yes ‐ Lodging Revs software and  1 internal staff NO!!!No Approx 3650 Approx 730  (currently in  renewal period) 20.00% No Short‐Term Rental  Regulations ‐ Frisco Town  Government (friscogov.com) No Excise tax passed April  5, 2022 Glenwood Springs YES YES YES YES NO $500 STR, $300 Not recently Lodging + Sales Listing agency submits to  City.  Each permit  requires specific business  license YES, within 250'Cannot be within 250' of  another existng permit No Set on Building inspection per  limits of property maintenance  code NO YES NO NO, just regular police dispatch Quartelry monitoring of sites and  listings done by staff NO NO 4,298 per Colorado  State Demographer 99 Total, 88 STR,  11 ATR (Accessory  Tourist Rentals) 2.30%No https://library.municode.co m/co/glenwood_springs/co des/municipal_code?nodeId =TIT070DECO_ART070.030U SRE_070.030.030UECST In 2019 additional regulations were put  in place that has resulted in a decrease of  approximately 1/3 in permitted units 250' distance cap has  worked well for us as  well as required  building inspections  and fees for permits Granby No Yes Permit Required No No $100 applic.  fee. $300 to  $500 based on  bedrooms No Sales Agencies No No, but workimg on it Yes # Bedrooms x2 plus 4 No Yes Yes Yes and police All. LodgingRevs NA No 350 No Yes Grand County Grand Lake Gunnison, City Gunnison, County Jackson, WY Ketchum, ID Yes Yes Yes No No $527 Lodging Municipality No No Yes Yes Must be at least 2 nights a year Yes Yes No Yes (Granicus)Unknown No Unknown Unknown Unknown No chrome‐ extension://efaidnbmnnnib No No Leadville Mammoth Lakes, CA Yes ‐ Some zoning  limits Yes ‐ Some zoning  limits yes No no $65 application  fee, $5‐$30  planning review  fee, due for  initial  certification.  $13 annual  renewal fee Not recently Transient Occupancy  Tax 13%, TBID 1% Operator collects Tax,  Municipality collects  from operator No No Yes Yes ‐ Two per bedroom plus two no Yes ‐ 24 hour emergency contact  required 60 minutes 24 hour contact required,  Town does not have 24 hour  hotline in service Yes ‐ Online monitoring and staff  of 3 full time and 1 part time on  collection, enforcement and  audits. Currently partnering with  Rentalscape No We are considering due  to impacts to local  housing.  5,997 3,376 56% None at this time but  considering options  https://library.municode.co m/ca/mammoth_lakes_/cod es/code_of_ordinances https://www.townofmammothlakes.ca.g ov/DocumentCenter/View/5828 Transitioning from a  operator based  certification system to  a property based  certification system Including the annual budget and  TOT collection totals for each  agency would be useful for  comparison  Moab, UT Mono County, CA Mountain Village Yes Yes Yes No No $165 + $22 per  sleeping room currently  working on an  impact fee  study Sales tax 4.0, lodging  tax 4.5 total 8.5% listing agency, property  manager collect taxes and  remit to Town No No No No No No No No Lodging Revs and internal staff No No estimated 1695  housing units that  could be rented  511 as of 2/28 0.301474926 No Ch. 5.01 Business Licensing  and Regulations | Mountain  Village Municipal Code We are working on an  STR impact fee study  currently Mt. Crested Butte Yes Yes Yes No No $350 for new  and $300 for  renewal Compared fees  vs costs, maybe  lowering the  current fee but  still TBD MTCB sales tax ‐ 5%,  MTCB Excise Tax ‐  2.9% Depends ‐ we have an  agreement with VRBO  and Airbnb. No No No No No Yes Yes No Yes ‐ compliance software No No 1676 668 39%Yes ‐ through the  housing authoirty https://mtcb.colorado.gov/s ites/mtcb/files/documents/ Ordinance%2010%20Series %202021.pdf No No Ouray Yes Yes Yes Yes, 120 No Yes (new license  fee: $600;  annual renewal  fee: $350) No ‐ compared  fees with  GNAR's STR  data from April  2021 3.5% Lodging/15%  Excise/7.75% Sales Municipality No None Yes, no R‐1 (low‐density residential  zone) maximum: 2 persons per  bedroom + 2 additional 30 days rented per year as a  Minimum Yes and responsible party must  be within 45 minutes drive time  No No RentalScape/Deckard None‐ But heading in  this direction No 811 (2019 ACS) 100 12.30%None at this time https://www.cityofouray.co m/city_offices/community_ development_vs3/short‐ term_rentals.php We have seen 8 previous or at one point  "in process" STRs move to LTR because of  the community discussion and  potentially because of the 15% excise tax Cap & Trade Program:  if a property owner  provides (3) long‐term  rental units, (1) STR  license may be issued  on the same property  (e.g. "quadplex" can  have 1 STR license if  the City has met its  cap, and if 3 LTR units  are provided).  Pagosa Springs Park City, UT yes yes yes no no $166 +  $29.74/BR in progress 13.37 % total  (3%County  TRT;.32%State TRT;  1% City TRT; 1% City  Sales; .25% County  Sales; 4.85 %State;  .25 County Transpo  Option; .25 County  Transp Infras.; .30  County Mass Transit;  .25 County Add. Mass  Transit; 1.6 City  Resort Tax; .10 Utah  ZooArtPark. City, County, State in some Single Family  Zones, yes no yes, Prohibited in most Single  Family Zoned areas (which are  limited); and in a handful of Resort  Zoned subdivisions by CCR's, but  reinfored in Code no no yes yes. 20 mins yes compliance monitorying  company (GovOS/Lodging Revs) no no 8000 res units;  Approx. 5100 NR  units 2400 63%primary residents  (including rentals of  180 days +) pay .55  of  appraised value;  Rentals/2ndary pay 1% https://parkcity.municipalco deonline.com/book?type=or dinances#name=4‐5‐ 3_Regulation_Of_Nightly_Re ntals Routt County NO NO STRs not allowed Salida YES YES YES 66 (75%) ‐ Residential Zones , 99  (70%) ‐ C/2 Historic District, 71  (25%) ‐ Hwy 291 Corridor,    16  (35%) ‐ Industrial Corridor, 46  (70%) ‐ Hwy 50 Corridor 1 per person or Business Entity First time they  apply‐ $470  and during  renewals it is  $270 Yes Occupational Lodging  Tax  Municipality No 1 Per block in residential  zones There are no specific zoning  limitations but there is an  Administrative Review for STRs in  all zones.  Yes, determined on size, number  of bedrooms etc.  In residential zones there is a max  185 nights that can be rented. Yes NA No LodgingRevs/MuniRevs No Yes Roughly 2600  housing units  across all zones.  Currently 225 STR  units in Salida 3.50%Yes, City approved a  program called Open  Doors.  https://library.municode.co m/co/salida/codes/code_of _ordinances?nodeId=CH6BU LIRE_ARTVISHRMREBULI Too early to determine since it was  implemented in December 2021. EXHIBIT C: CAST STR Ordinance Matrix Silverthorne Yes Yes Yes No No Yes. Studio  –$150; 1  Bedroom ‐  $200; 2  Bedrooms  –$250; 3  Bedrooms  –$300; 4  Bedrooms  –$350; 5  bedrooms –  $450; 6+  bedrooms –  $500 No Town of Silverthorne,  State of Colorado,  Summit County,  Summit County  Transit Tax, Summit  Combed Housing  Authority  Both No No No Yes No Yes Yes Yes Yes No No 2500 220 8.80% No https://www.silverthorne.or g/town‐government/finance‐ administrative‐ services/short‐term‐rental‐ licenses No No None Snowmass Village yes yes Yes if not managed  by management  company or  Airbnb/VBRO no no $85 no Lodging & Sales Tax Municipality except  Airbnb and VBRO collect  on the renters behalf.   no no no no no no no no none at this time no no 408 STR Do not have a specific  STR license yet. None No ordinance N/A None Snowmass Village in the process of  reviewing our STR process. Steamboat Springs yes yes VHR Permit  required for  SF/duplex outside  of resort zone  districts; new STR  License to be  adopted in 2022 no; considering a new overlay  zone with caps no VHR Permit  $500; $75  annual renewal;  new fees to be  adopted with  licensing  ordinance no Sales and lodging tax;  Council is considering  a STR excise tax Voluntary collection  agreements with VRBO  and AirBnB For VHR Permits only no Considering a new overlay zone for  STRs yes no yes no; but will implement this with  new licensing ordinance Under contract; will go live  with new licensing ordinance Contract with Granicus;  dedicated STR compliance officer no yes, while overlay zone is  being drafted ~10,000 225 VHR permits;  ~3000 total STRs VHR permits 2.25%;  total STRs 30% no Summit County Yes Yes Yes No No Yes, depends on  license type.  Resort Overlay  Zone = $265   Neighborhood  Zones:  Type I = $215;  Type II = $320;  Type III = $105  plus CUP fee:   Class 2CUP =  $1,650; Class 4  CUP = $4,925.  Renewal= $535  for pre‐existing  licenses, full fee  for renewals on  new license  types under  new regulations  adopted in  2021. In Progress Sales tax = 6.375%  collected by State.   Summit County  recieves 2% of this. Listing agency if Air B&B  or Expedia, otherwise  submitted directly to the  State. No No Yes, only allowed in residential  zone districts. Yes, 2 guests per bedroom plus 2  additional guests, unless further  restricted by On‐Site Wastewater  System.  For lots in excess of  40,000 sq. ft. an owner may  request additional guests through  a Conditional Use Permit process. No annual limit if property is  within the Resort Overlay Zone.   Within the Neighborhood Zone it  depends on License type:  Type I =  unlimited nights for primary  resident renting out a bedroom  while host is present on property.   Limit to 60 days per year if  renting out entire home.  Type II =  limited to 135 nights per year.   Type III = unlimited nights Not required to be local but  responsible party must respond  within 1 hour of receiving a  complaint. Yes, 1 hour. Yes, complaint hot line can be  used via telephone or via  weblink. Yes, the County utilizes Host  Compliance software and  internal staff to monitor  compliance. No Yes, County called a 90  day moritorium in 2021  to allow time to revise  STR regs and ordinance. Approximtley  16,000 units in  unincorporated  County 4,573 Licenses Approximatley 28.4% Yes, "Leasing to Locals  Program" provides  $8,000 to convert STR  to 5 month lease and  $20,000 for 1 year  lease.  https://www.summitcounty co.gov/DocumentCenter/Vie w/23986/STR‐ Regulations?bidId=  No Yes, previously  mentioned Leasing to  Locals Program and  Housing Helps  Program, which  provides money to  exisitng homeowners,  or buyers, who agree  to deed restrict their  property to local  workers. N/A Telluride yes yes yes Limted until 11/23. Limited to  750 licences for now. no Based on # of  rooms.  $122/room no Lodging, STR tax,  excise Municipality no no yes. Residential Zone district limits  on # of rentals per year no Only in Residential Zone yes no no 3rd party and a Town Clerk no yes currently until 11/23 ?? 750 ? yes https://telluride.municipal.c odes/TMC/6 no not yet…. Teton County, WY Vail Yes Yes Yes; Registration No No $5‐$10 for  professionally  managed units;  $150 for self‐ managed units Yes Sales Tax, Local  Marketing District Tax Municipality self‐collects  sales tax. Marketplace  facilitators are required  to collect and remit. Only for Duplex Units No No 2 per bedroom + 2 No Yes 30 minutes between 11PM and  7AM; 60 minutes all other times Yes Utilize LODGINGRevs to monitor  online listing platforms for  compliance. No No 7,359 2,454 31% None https://codelibrary.amlegal. com/codes/vailco/latest/vai l_co/0‐0‐0‐18601 Winter Park Yes Yes Yes No No $125 No ‐ antipacting in  near future 4% Sales Tax, 1%  Accommodation Tax, 2%  Transit & Trails Tax Listing Agency / or Municipality  for independently listed No No No Safety Requirements list complying with  fire and building code No Yes 60 Minutes No Lodging Revs No No 2,770 1,152 41% Yes https://wpgov.com/wp‐ content/uploads/2021/06/O552.pdf Registration new October 2021, have added more  than 200 rentals to registration, so capturing  previously unlicensed properties, 49 bedrooms  booked through Long‐term Rental Incentives Anticipate updates to  policy in the coming  year Long‐Term rental incentive partnering with  business was good metric for understanding  critical current workforce housing needs,  partnering closely with property Whistler, BC Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - , 2022 Page 1 of 9 ATTACHMENT D: ORDINANCE 22-09 Version A ORDINANCE 22-09 AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE AND AMENDMENT OF THE SHORT-TERM RENTAL OVERLAY DISTRICT REQUIRING CERTAIN UNITS OUTSIDE OF THE TOWN CENTER TO BE RESIDENT OCCUPIED WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has submitted a Rezoning application and Code Text Amendment application to modify the Short-Term Rental Overlay District (“STRO”) to create a Resident Occupied Short Term Rental District (“RO”) affecting the following properties, collectively referred to as (“Properties”): [INSERT PARCEL NUMBERS HERE] WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on , 2022; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to [approve/deny] the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held public hearings on May 24, 2022 (and , 2022,) prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then Council took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Rezoning application; and WHEREAS, pursuant to AMC §7.16.040, Review Criteria the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - , 2022 Page 2 of 9 consistent with the Comprehensive Plan’s goal of providing a balance of land uses while inviting guest accommodations that strengthen Avon’s identity as both a year round residential community and a tourism center while preserving the opportunity to also ensure long-term residential opportunities for workforce in these units; and WHEREAS, the Properties remain suitable for short term rental usage, and all short term rental licenses for the affected properties shall be grandfathered and remain in effect until either the cessation of the STR use in these units or a change in ownership occurs; and, WHEREAS, all of the affected Properties are located outside of the Town Core, where STRO has not been affected, and WHEREAS, this amendment will increase compatibility of STRs of neighboring properties and decrease workforce displacement within the current Properties; and WHEREAS, the STRO shall be split into two-districts: Resident Occupied Short Term Rental Overlay District (“RO-STRO”) and a Short Term Rental Overlay District (“STRO”); and WHEREAS, Resident Occupied (RO) means the occupation and use of a residence on a full-time basis, occupied by the unit owner or a renter of the unit thereof. RO verification and investigation for STR licensing purposes shall be determined appropriate by the Town Manager to ensure that a resident is continuously occupying and using the residence in a full-time capacity; and WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in the Town in accordance with the Purpose statements in the Avon Development Code; and WHEREAS, the health, safety and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, 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. Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - , 2022 Page 3 of 9 Section 2. Rezoning. The Properties are hereby rezoned and the Official Town of Avon Zoning Map shall be amended to designate the Properties as included in the RO-STRO District and no longer in the STRO District as depicted in “Exhibit A.1 – STR Overlay Map”. Section 3. Code Text Amendments. AMC §7.20.190 and AMC §7.24.050 are hereby amended as depicted in “Exhibit A.2 – Code Text Amendments” with strike-out depicting language to be deleted and underline depicting language to be added. Section 4. Effect on Existing Short Term Rental Licenses. Properties that have a valid STR license with the Town of Avon on the effective day of this ordinance shall continue to remain in effect until abandonment of the Short Term Rental use, change in ownership, or revocation of the Short Term Rental license in accordance with the procedures set forth in Chapter 5.04 Business Licensing, as may be amended from time to time. Section 5. 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 has 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 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 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 Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - , 2022 Page 4 of 9 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. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on [ ], 2022 and setting such public hearing for [ ], 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on [ ], 2022. BY: ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney U S HW Y 6 S W I F T G U L C H R D NOTTINGHAM RD EBEAVERCREEKBLVD HURDLN W BEAVER CREEKBLVD B U C K C R E E K R D AVON RD RIVERFRONTLN CHAPELPL MILLIESLN B E A V E R C REEKBLVD U S H W Y 6 BEN C H M A R K R D B E N CHMARK R D S U N R D B E A VE R C RE E K P L STONEBRIDGEDR AVON RD LAKEST PLA ZA W A Y MIKAELA W Y WATERFRONTWY This map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Author: JSF (EagleCounty), 9/10/1401,000500 Feet Short Term Rental based on PUD Short Term Rental Zoning Overlay Railroad Lakes and Rivers Property Boundaries Nottingham Lake Eagle River Eagl e R i v e r Resident Occupied Short Term Rental Zoning Overlay Town Boundary Town Core (Per Town Core Map*) Town Boundary Limits Short Term Rental Zoning Overlay & PUD Short Term Rentals Map 2022 *Town Core: Means the central commercial core area of Town, including the areas zoned Town Center and the adjacent parcels zoned Mixed Use Commercial, Neighbrhood Comercial, Shpping Center, and PUD, but not including parcels, which are zoned only for residential use. (See Section 7.08.010) EXHIBIT A.1 EXHIBIT A.2 PROPOSED CODE CHANGES - SHORT TERM RENTALS A1 Page 1 of 3 A.PROPOSED TEXT CODE AND STR OVERLAY AMENDMENT TITLE 7 – DEVELOPMENT CODE 7.20.090 - Overlay districts. (a)Short Term Rental Overlay - STRO. (1)Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district which shall apply to allow short term rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district. (2)Allowed Use. The following uses shall be permitted in the STRO District: (i)The uses permitted in the underlying zone district or planned unit development (PUD). (ii)Short term rental, except that short term rental use shall not be permitted for any residential unit which is deed restricted for affordable Community Hhousing, long term residential use, primary residential use or full time residential use. (3)Short Term Rental. For the purpose of this Chapter, short term rental shall mean the rental of property for a total continuous duration of less than thirty (30) days. (4)Development Standards. The developments standards within this overlay zone district are regulated by the underlying zone district. (5)Sales and Public Accommodations Tax License. Any property owner who leases or rents property in the STRO District shall obtain a sales tax license in accordance with Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28. The failure to obtain a sales tax license or public accommodations tax license prior to using property for short term rental in the STRO shall be a violation and subject to penalties as described in Title 3. (b)Resident Occupied Short Term Rental Overlay – RO-STRO (1)Intention. The Resident Occupied Short Term Rental Overlay (RO-STRO) zone district is intended to allow short term rentals within primary residential properties for fewer than thirty (30) days subject to the provisions of this Chapter. The RO-STRO zone district shall be an overlay district which shall apply to allow short term rental of properties, and subject to all requirements of the underlying zone district. (2)Primary Residence. For the purpose of this Chapter, Primary Residence is defined by EXHIBIT A.2 PROPOSED CODE CHANGES - SHORT TERM RENTALS A1 Page 2 of 3 Section 3.12.020. (3)Allowed Use. The following uses shall be permitted in the RO-STRO District: (i)For the purpose of this Chapter, a short term rental use in the RO-STR district must be concurrent with a primary residential use. Units must be occupied as a primary residence continually on an annual basis. (ii)Other Uses shall be permitted pursuant to the provisions in the underlying zone district. (iii)Short term rentals shall not be permitted within any residential unit which is deed restricted or reserved for Community Housing, long term residential use, primary residential use or full time residential use. (c)Planned Unit Development. All PUD zone districts shall comply to the dimensional and development standards as well as the review processes and criteria outlined in Section 7.16.060, Planned Unit Developments. ( Ord. 17-05 §5; Ord. 10-14 §3, Ord 22-09)) 7.24.050 - Use-specific regulations. (a)Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses) must conform to siting and use provisions of the Avon Comprehensive Plan. (b)Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved accessory uses. (c)Home Occupations. A home occupation must comply with the following limitations and conditions: (1)The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place; (2)The use is limited to no more than five (5) customers or visitors, other than the occupants, per day; (3)If the use is a day care, the use is limited to no more children than allowed by the state license for a childcare home (a state license is also required to operate a childcare home); (4)The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarters (¾) ton, earth-moving equipment or cement mixers; EXHIBIT A.2 PROPOSED CODE CHANGES - SHORT TERM RENTALS A1 Page 3 of 3 (5)The use does not alter the exterior of the property or affect the residential character of the neighborhood; (6)The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development; (7)Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property; (8)The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations; (9)Exterior signs are not permitted; and (10)There may be only incidental sale of stocks, supplies or products. (d)Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply with the following limitations and conditions: (1)The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (2)The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in the Town. (3)The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using the estate. (Ord. 13-02 §4; Ord. 10-14 §3) (e)Short Term Rental must comply with the following limitations and conditions: (1)Premises shall conform to the applicable requirements of the Town’s building, technical and safety codes adopted by reference in the Avon Town Charter and Municipal Code. (2)Premises must comply with the Minimum STR Management Requirements set forth in the Avon Municipal Code Section 5.04.050, Short Term Rentals. ( Ord 22-09)) SEE PROPOSED OVERLAY MAP AMENDMENT EXHIBIT A1 NOTTINGHAM RD W BEAVER CREEK BLVD ESLN Nottingham Lake 600 400510520 440440 438420 410 371 230 220 180160 331 231211 54 0 52 0 51 0 44 0 41 4 35 0 33 0 31 0 26 8 25 8 175 23 8 22 8 22 0 21 8 20 6 179 217 12 1 1 1 BEAVER BENCH 10 BEL LAGO 14 288 BEAVER CREEK WEST “COMFORT INN” 6 BUCK CREEK BEAVER CREEK WEST 12 GREENBRIER CONDOS 1 1 3 1 2 18 AVON LAKE VILLAS 8 PROPOSED RO-STR PARCELS and EXISTING STR LICENSES Area 1 A1 A2 A3 EXHIBIT A.3 W BEAV Notti ng 811 831 851 871 A B C D 760 740 730 680 A 680 B 660 B 660 A 630 B 630 A 620610 580 540 816 A B 4 3 3 3 10 1 1 BENCHMARK CONDOS “WESTLAKE VILLAGE” STONE CREEK CONDOS LAKEVIEW CONDOS Area 2 4 2 3C1 +2? LIFTVIEW 2 1 11 SUNRIDGE 2 2 2 3 3 2 2 1 1 1 16 BROOKSIDE SUNRIDGE Area 3 3 1 ATTACHMENT E: Ordinance 22-09 Version B ORDINANCE 22-09 AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE AND AMENDMENT TO THE TOWN CORE MAP WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has submitted a Code Text Amendment application to modify the Short-Term Rental Overlay District (“STRO”), as well as to amend other applicable sections directly related to this particular amendment; and WHEREAS, the Town Core map as referenced within the Avon Municipal Code has not been altered since 2011 and changes in development within and around Avon warrant the amendment of this defined area, such that it should be expanded; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on , 2022; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to [approve/deny] the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held public hearings on May 24, 2022 (and , 2022,) prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then Council took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.040, Review Criteria the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is consistent with the Comprehensive Plan’s goal of providing a balance of land uses while inviting guest accommodations that strengthen Avon’s identity as both a year round residential community and a tourism center while preserving the opportunity to also ensure long-term residential opportunities for workforce in these units; and Ord 22-09 Modification to the Town Core Map and Code Text Amendment First Reading - , 2022 Page 2 of 9 WHEREAS, Properties outside of Town Core seeking new licenses will required to apply for a Limited Review Use to ensure the subject unit will be compatible with existing conditions and or Staff will be able to effectively manage STR use outside of the Town Core; and WHEREAS, the Properties outside of Town Core remain suitable for short term rental usage, and all short term rental licenses for potential properties shall be grandfathered and remain in effect until either the cessation of the STR use in these units or a change in ownership occurs; and WHEREAS, all of the affected Properties are located outside of the Town Core, where STRO has not been affected, and WHEREAS, this amendment will increase compatibility of STRs of neighboring properties and decrease workforce displacement within the current Properties; and WHEREAS, Resident Occupied (RO) means the occupation and use of a residence on a full- time basis, occupied by the unit owner or a renter of the unit thereof. RO verification and investigation for STR licensing purposes shall be determined appropriate by the Town Manager to ensure that a resident is continuously occupying and using the residence in a full-time capacity; and WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in the Town in accordance with the Purpose statements in the Avon Development Code; and WHEREAS, the health, safety and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, 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. Redefining Town Core. The area and map of the Town Core has been updated Ord 22-09 Modification to the Town Core Map and Code Text Amendment First Reading - , 2022 Page 3 of 9 to include certain residential properties that contain a significant number of front desk managed rental properties including Short Term Rentals and time-share properties. The new map has been attached as EXHIBIT B.1. Section 3. Code Text Amendments. AMC §7.20.190 and AMC §7.24.050 are hereby amended as depicted in “Exhibit B.2 – Code Text Amendments” with strike-out depicting language to be deleted and underline depicting language to be added. Section 4. Effect on Existing Short Term Rental Licenses. Properties that have a valid STR license with the Town of Avon on the effective day of this ordinance shall continue to remain in effect until abandonment of the Short Term Rental use, change in ownership, or revocation of the Short Term Rental license in accordance with the procedures set forth in Chapter 5.04 Business Licensing, as may be amended from time to time. Section 5. 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 has 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 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 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 Ord 22-09 Modification to the Town Core Map and Code Text Amendment First Reading - , 2022 Page 4 of 9 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. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on [ ], 2022 and setting such public hearing for [ ], 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on [ ], 2022. BY: ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: Karl Hanlon, Town Attorney U S HW Y 6 S W I F T G U L C H R D NOTTINGHAM RD EBEAVERCREEKBLVD HURDLN W BEAVER CREEKBLVD B U C K C R E E K R D AVON RD RIVERFRONTLN CHAPELPL MILLIESLN B E A V E R C REEKBLVD U S H W Y 6 BEN C H M A R K R D B E N CHMARK R D S U N R D B E A VE R C RE E K P L STONEBRIDGEDR AVON RD LAKEST PLA ZA W A Y MIKAELA W Y WATERFRONTWY This map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Author: JSF (EagleCounty), 9/10/1401,000500 Feet Short Term Rental based on PUD Short Term Rental Zoning Overlay Railroad Lakes and Rivers Property Boundaries Nottingham Lake Eagle River Eagl e R i v e r Town Boundary Town Core (Per Town Core Map*) Town Boundary Limits Short Term Rental Zoning Overlay & PUD Zoned Properties TOWN CORE MAP 2022 *Town Core: Means the central commercial core area of Town, including the areas zoned Town Center and the adjacent parcels zoned Mixed Use Commercial, Neighbrhood Comercial, Shpping Center, and PUD, and including certain residential parcels. (See Section 7.08.010) EXHIBIT B.1 PROPOSED TOWN CORE MAP MODIFICATION PROPOSEDEXISTING TOWN CORE MAP 2022 EXHIBIT B.2 (B1) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B1) Page 1 of 10 B.PROPOSED PROCESS: GENERAL TEXT AND TOWN CORE MAP AMENDMENT ALTERNATIVE 1 TITLE 7 – DEVELOPMENT CODE 7.08.010 – General Definitions. Town Core means the central commercial core area of Town, including the areas zoned Town Center (TC) and the adjacent parcels zoned Mixed-Use Commercial (MC), Neighborhood Commercial (NC), Shopping Center (SC) and PUD, but not including certain residential parcels which are zoned for only residential use as shown. See the Town Core Map 7.20.090 - Overlay districts. (a)Short Term Rental Overlay - STRO. (1)Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district which shall apply to allow short term rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district. (2)Allowed Use. The following uses shall be permitted in the STRO District: (i)The uses permitted in the underlying zone district or planned unit development (PUD). (ii)Short term rental, except that short term rental use shall not be permitted for any residential unit which is deed restricted for affordable Community Hhousing, long term residential use, primary residential use or full time residential use. (3)Short Term Rental. For the purpose of this Chapter, short term rental shall mean the rental of property for a total continuous duration of less than thirty (30) days. (4)Development Standards. The developments standards within this overlay zone district are regulated by the underlying zone district. (5)Sales and Public Accommodations Tax License. Any property owner who leases or rents property in the STRO District shall obtain a sales tax license in accordance with Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28. The failure to obtain a sales tax license or public accommodations tax license prior to using property for short term rental in the STRO shall be a violation and subject to penalties as described in Title 3. EXHIBIT B.2 (B1) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B1) Page 2 of 10 (b)Short Term Rental Outside of Town Core: (1)Intention. Properties located outside of the Town Core may be permitted to allow short term rentals in all zone districts outside of the Town Core and Planned Unit Developments (“PUDs”) for fewer than thirty (30) days subject to the provisions of this Chapter. (2)Primary Residence. For the purpose of this Chapter, Primary Residence is defined by Section 3.12.020. (3)Allowed Use. The following uses shall be permitted outside of the Town Core: (iii)For the purpose of this Chapter, a short term rental use outside of the Town Core must be concurrent with a primary residential use. Units must be occupied as a primary residence continually on an annual basis. (iv)Other Uses shall be permitted pursuant to the provisions in the underlying zone district. (iii)Short term rentals shall not be permitted within any residential unit which is deed restricted or reserved for: Community Housing, long term residential use, primary residential use or full time residential use. (c)Planned Unit Development. All PUD zone districts shall comply to the dimensional and development standards as well as the review processes and criteria outlined in Section 7.16.060, Planned Unit Developments. ( Ord 22-09)) 7.24.050 - Use-specific regulations. (a)Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses) must conform to siting and use provisions of the Avon Comprehensive Plan. (b)Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved accessory uses. (c)Home Occupations. A home occupation must comply with the following limitations and conditions: (1)The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place; EXHIBIT B.2 (B1) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B1) Page 3 of 10 (2)The use is limited to no more than five (5) customers or visitors, other than the occupants, per day; (3)If the use is a day care, the use is limited to no more children than allowed by the state license for a childcare home (a state license is also required to operate a childcare home); (4)The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarters (¾) ton, earth-moving equipment or cement mixers; (5)The use does not alter the exterior of the property or affect the residential character of the neighborhood; (6)The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development; (7)Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property; (8)The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations; (9)Exterior signs are not permitted; and (10)There may be only incidental sale of stocks, supplies or products. (d)Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply with the following limitations and conditions: (1)The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (2)The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in the Town. (3)The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on- site when the owner is not using the estate. ( Ord. 13-02 §4; Ord. 10-14 §3) (e)Short Term Rental must comply with the following limitations and conditions: EXHIBIT B.2 (B1) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B1) Page 4 of 10 (1)Premises shall conform to the applicable requirements of the Town’s building, technical and safety codes adopted by reference in the Avon Town Charter and Municipal Code. (2)Premises must comply with the Minimum STR Management Requirements set forth in the Avon Municipal Code Section 5.04.050, Short Term Rentals. ( Ord 22-09)) SEE PROPOSED TOWN CORE MAP CHANGE EXHIBIT B3 EXHIBIT B.2 (B2) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B2) Page 5 of 10 B.PROPOSED ALTERNATIVE 2 PROCESS: GENERAL TEXT AND TOWN CORE MAP AMENDMENT ALTERNATIVE 2 TITLE 7 – DEVELOPMENT CODE 7.08.010 – General Definitions. Town Core means the central commercial core area of Town, including the areas zoned Town Center (TC) and the adjacent parcels zoned Mixed-Use Commercial (MC), Neighborhood Commercial (NC), Shopping Center (SC) and PUD, but not including certain residential parcels which are zoned for only residential use as shown. See the Town Core Map 7.20.090 - Overlay districts. (a)Short Term Rental Overlay - STRO. (1)Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district which shall apply to allow short term rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district. (2)Allowed Use. The following uses shall be permitted in the STRO District: (i)The uses permitted in the underlying zone district or planned unit development (PUD). (ii)Short term rental, except that short term rental use shall not be permitted for any residential unit which is deed restricted for affordable Community Hhousing, long term residential use, primary residential use or full time residential use. (3)Short Term Rental. For the purpose of this Chapter, short term rental shall mean the rental of property for a total continuous duration of less than thirty (30) days. (4)Development Standards. The developments standards within this overlay zone district are regulated by the underlying zone district. (5)Sales and Public Accommodations Tax License. Any property owner who leases or rents property in the STRO District shall obtain a sales tax license in accordance with Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28. The failure to obtain a sales tax license or public accommodations tax license prior to using property for short term rental in the STRO shall be a violation and subject to penalties as described in Title 3. EXHIBIT B.2 (B2) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B2) Page 6 of 10 (b)Short Term Rental Outside of Town Core: (1)Intention. Properties located outside of the Town Core may be permitted to allow short term rentals in all zone districts outside of the Town Core and Planned Unit Developments (“PUDs”) for fewer than thirty (30) days subject to the provisions of this Chapter. Properties shall make an application to allow short term rental of properties, subject to all requirements of the underlying zone district. (i)Process. Short Term Rentals outside of the Town Core permitted via Section 7.16.105 Limited Review Use. (2)Allowed Use. The following uses shall be permitted outside of the Town Core: (i)Short term rentals. (ii)Other Uses shall be permitted pursuant to the provisions in the underlying zone district. (iii)Short term rentals shall not be permitted within any residential unit which is deed restricted or reserved for: Community Housing, long term residential use, primary residential use or full time residential use. (c)Planned Unit Development. All PUD zone districts shall comply to the dimensional and development standards as well as the review processes and criteria outlined in Section 7.16.060, Planned Unit Developments. TITLE 7.16 Development Review Procedures 7.16.105 Limited Review Use (a)Purpose. This Section provides a discretionary approval process for limited review uses that have unique or varying operating characteristics or certain site development features. These uses are typically considered compatible with other adjacent uses and have minimal impacts to the character of the immediate community. The procedures set forth are intended to ensure that proposed use will not have a significant adverse impact on surrounding or existing uses or on the overall community. (b)Applicability. A Limited Review Use (LRU) permit is required for any use deemed as allowed by limited review as outlined in Table 7.24-1, Allowed Uses. (c)Review Procedures. Applications for a limited review use shall follow the general review procedures set forth in Section 7.16.020, General Procedures and Requirements. Applications for limited review use may be initiated by the owner of property for which a limited review use is desired. EXHIBIT B.2 (B2) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B2) Page 7 of 10 (d)Review Authority. The Community Development Director (“Director”) shall review and render a decision on an application for a limited review use after conducting a review. The decision of the Director may be appealed to the Town Council pursuant to Section 7.16.160, Appeal. (e)Review Criteria. The Director shall use the following review criteria as the basis for a decision on an application for a limited review use: (1)The proposed use is generally consistent with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations; (2)The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards in the Development Code; (3)The proposed use is compatible with adjacent uses in terms of scale, site design and operating characteristics; (4)Any significant adverse impacts (including but not limited to hours of operation, traffic generation, lighting, noise, odor, dust and other external impacts) anticipated to result from the use will be mitigated or offset to the maximum extent practicable; (5)Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; and (6)Adequate assurances of continuing maintenance have been provided. (f)Application Process. (1)Application. Limited review use applications shall adhere to the provisions in 7.16.020 General procedures and requirements, with the following exceptions: (i)Notice. Notification that an application for a Limited Review Use has been received by the Eagle County Planning Department (use to be specified) shall be sent by mail, first-class postage prepaid, to all property owners subject to the application, all adjacent properties, and, if applicable, the homeowners association of the development in which the property is located. (ii)Public Hearing. If the public notice results in written comments in opposition to the proposed Limited Review Use, with said opposition based on relevant factors related to health, safety, welfare, and/or other legitimate concerns related to compatibility or nuisance, the Director shall schedule the application before the PZC for final decision. EXHIBIT B.2 (B2) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B2) Page 8 of 10 (g)Duration and Expiration. Limited review use approvals shall expire pursuant to this Section. The Director may approve a LRU permit in perpetuity but may assign a shorter time as deemed necessary, or, in accordance to the limitation of any corresponding licensing or similar. At least thirty (30) days prior to the expiration, the holder of the limited review use approval may request a review before the Director. The Director shall review the use against the criteria in Subsection (e) above to determine whether the limited review use will be allowed to continue. (1)Uses granted by a limited review use permit shall be developed or established in accordance within six (6) months of the date of approval if no development schedule is established. Failure to develop or establish such development or uses in accordance with the time period approved on the permit shall result in the expiration of the permit. (2)If an approved use ceases operation for any reason for a period of one (1) year, or any condition of approval is unmet (e.g., concurrent license ceases, expires, or is revoked), the limited review use permit shall be deemed expired. If the conditions of a permit become the responsibility of a person or entity other than the applicant, the Director shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the approval/permit. Until such notice is received, the applicant shall remain responsible. Such notice shall be attached to the permit on file at the Town. (3)If conditions of approval are not maintained, it shall be considered a violation of this Code and subject to revocation proceedings. Concurrent licensing associated with a LRU shall also be immediately revoked pending the outcome of a revocation proceeding. (4)If a LRU is revoked, a new LRU may not be reapplied for within 12 months of the revocation, unless otherwise permitted by the Director. (5)LRU permits may be amended in the case that any corresponding licensees, etc., have also changed for the same property. (h)Findings. (1)The proposed use is generally in compliance with the Comprehensive Plan and all applicable provisions of this Development Code and applicable state and federal regulations. (2)The proposal will be properly managed as proposed and therefore would not be detrimental to the health, safety, and welfare of the Avon Community. (3)It can be determined that the proposal is compatible with neighboring properties and uses and will not affect, in a substantial manner, the use or enjoyment of neighboring properties. (4)All significant adverse impacts will be mitigated as proposed to the greatest extent practicable. EXHIBIT B.2 (B2) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B2) Page 9 of 10 (5)The site and/or use has adequate facilities and services. (6)All necessary agreements, licenses, or similar, are obtained to ensure the use will be maintained in conformance with the permitted approval of the LRU. ( Ord 22-09)) 7.24.050 - Use-specific regulations. (f)Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses) must conform to siting and use provisions of the Avon Comprehensive Plan. (g)Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved accessory uses. (h)Home Occupations. A home occupation must comply with the following limitations and conditions: (1)The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place; (2)The use is limited to no more than five (5) customers or visitors, other than the occupants, per day; (3)If the use is a day care, the use is limited to no more children than allowed by the state license for a childcare home (a state license is also required to operate a childcare home); (4)The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarters (¾) ton, earth-moving equipment or cement mixers; (5)The use does not alter the exterior of the property or affect the residential character of the neighborhood; (6)The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development; (7)Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property; (8)The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations; (9)Exterior signs are not permitted; and (10)There may be only incidental sale of stocks, supplies or products. EXHIBIT B.2 (B2) PROPOSED CODE CHANGES - SHORT TERM RENTALS B.2 (B2) Page 10 of 10 (i)Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply with the following limitations and conditions: (1)The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (2)The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in the Town. (3)The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on- site when the owner is not using the estate. ( Ord. 13-02 §4; Ord. 10-14 §3) (j)Short Term Rental must comply with the following limitations and conditions: (1)Premises shall conform to the applicable requirements of the Town’s building, technical and safety codes adopted by reference in the Avon Town Charter and Municipal Code. (2)Premises must comply with the Minimum STR Management Requirements set forth in the Avon Municipal Code Section 5.04.050, Short Term Rentals. ( Ord 22-09)) SEE PROPOSED TOWN CORE MAP 2022 EXHIBIT B.1 970.748.4413 matt@avon.org Page 1 of 5 TO: Honorable Mayor Smith Hymes and Avon Town Council FROM: Matt Pielsticker, AICP, Planning Director RE: Public Hearing - Emergency Notification System for Northern Hillside Communities of Wildridge, Wildwood, and Mountain Star DATE: May 13, 2022 INTRODUCTION: This staff report contains one application for consideration by the Town Council, a Minor Development Plan for four (4) new sirens. This installation will complete the emergency notification system for the “Northern Hillside Communities”, which include Wildridge, Wildwood, and Mountain star neighborhoods. The Avon Development Code does not contain standards for siren structures; therefore, antenna and satellite dish standards are reviewed. This application was reviewed by the Planning and Zoning Commission (“PZC”) over the course of two work sessions and one public hearing. After conducting a public hearing, a motion and vote by the Town Council is required for final action. SUMMMARY OF REQUEST: The Avon Town Council initiated this request after reviewing siren locations and information at a March 22, 2022 work session. This application builds upon an existing siren system located at the top of the Wildridge Subdivision. To provide even and effective audible warning in the event of a wildfire, this proposal expands the system to encompass the entire Wildridge Subdivision (two additional sirens), Wildwood (one siren), and Mountain Star (one siren). The goal of the project is to provide a uniform, effective audible warning system for the northern hillside areas of Avon in the event of a wildfire. This type of system is intended to compliment other notification tactics already used emergency situations including reverse 911, EC Alert/Everbridge, IPAWS, radio, social media, temporary signage, and door-to-door evacuation protocols. Each siren will be mounted on the top of a 35’ (or 45’ for Mountain Star) treated wood utility pole, installed by Holy Cross Electric. The entire system will be battery powered, including the retrofit of the existing siren at the top of Wildridge. Battery power will ensure functionality in the event power is shut down during a Wildfire. System Overview Tract J Wildridge 5700 Wildridge Road East 14V Siren Existing/Converted to Battery System O’Neal Spur Park Old Trail & June Creek 7V Siren Proposed Saddleridge Apts 2120 Saddleridge Loop 7V Siren Proposed Avon Annex 1091 W Wildwood Road 7V Siren Proposed Mountain Star 1875 Paintbrush 14V Siren Proposed PROPERTY DESCRIPTIONS: The four (4) new siren location properties are summarized: O’Neal Spur is a community park parcel located at the intersection of Old Trail, June Creek, and O’Neal Spur roads. The park contains an upper bench and lower bench. The upper street level includes parking, playground, restrooms, pavilion, open space and landscaping. The lower level includes a dog park and trailhead for West Avon Preserve trail system. The siren would be located near the pavilion structure. 970.748.4413 matt@avon.org Page 2 of 5 Saddleridge Apartments is the site of the former fire house and includes a small pocket park and two apartments. The siren would be located on the west half of the parcel and is dependent on utility locations. Avon Annex/Wildwood is a public works site located above the Wildwood neighborhood. The site contains a storage building and driveway. The siren would be located near the southwest corner of the building. Mountain Star location is at the top of the subdivision on a narrow, steep parcel owned by Eagle River Water and Sanitation District(“ERWSD”). The property is heavily forested with Aspen trees and the siren would be located near the water tank at the top of the property. Staff has been in contact with ERWSD staff regarding this location. Green=Existing Red=Proposed PROCESS: Minor Development Plan applications are typically acted upon by the Director or PZC. In this case, a public hearing was conducted by PZC on April 19, 2022. PZC provided a favorable recommendation to Town Council. The Town Council will conduct another public hearing, and make a final determination by motion and vote. Land use decisions are memorialized by approving a Findings of Fact and Record of Decision following the public hearing. PUBLIC NOTICE & COMMENTS: Notice of the public hearing was published in the April 8, 2022 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notice is not required for this application type. Public Hearing signs were posted on the properties the week of April 4th for heightened public awareness. The Avon Heartbeat NEWSLETTER featured a bilingual article that highlighted the April 19 public hearing date before PZC. Lastly, the Community Development Main Page and Planning pages both contain information on the Northern Hillside Emergency Notification system. Staff has fielded numerous phone calls in response to the property postings. Interactions with residents have been positive and supportive of the effort. 970.748.4413 matt@avon.org Page 3 of 5 BACKGROUND: The initial concept for a siren in the Wildridge subdivision came after the May 2019 wildfire evacuation drill. During that drill, Avon police officers selected one neighborhood within which to knock on doors to notify occupants of the pending evacuation drill. The experience from that exercise was that several occupants did not receive the test phone alert and were not aware of the evacuation drill or received the emergency alert text and did not check their cellphone. Research included the review of other local systems already in place, including Bachelor Gulch’s siren. Upon working with Sentry Siren company and reviewing available public property in Wildridge, it was determined that for maximum coverage Tract J would provide the most effective system. The siren on Tract J (5700 Wildridge Road East) was tested last spring with some mixed results. Specifically, it was audible outdoors for most, and less effective for those indoors. Some properties located lower down (i.e. Draw Spur Road) in the subdivision could not hear the device given topographic constraints. Since last spring Town staff has researched other newer technology devices to add to and supplement the existing siren and provide uniform coverage across all norther hillside neighborhoods. Staff recently tested a High-Powered Speaker Array (“HPSA”) device that Sentry Siren has prototyped in lieu of a traditional siren system. One benefit to HPSA is lower cost and ability to introduce spoken audible word messaging. However, more units would be required with an HPSA system, and their effectiveness is decreased compared to the traditional siren system. EXISTING SIREN & COVERAGE: The coverage map provided by the manufacturer in 2019 estimated a consistent spread (see map below) across the Wildridge subdivision: Computer Generated Coverage for Existing siren Existing Siren / Tract J DESIGN STANDARDS: As mentioned in the introduction, sirens do not fit squarely into the Town’s existing development review standards contained in the Development Code. Therefore, we are presenting antennas and satellite dish standards for reference, as well as screen standards which apply. Antennas: AMC 7.28.060(2) states “All antennas shall be located so that they are screened from view from any public right-of-way or neighboring property. Screening may be accomplished by or through the use of landscaping p g g g g 970.748.4413 matt@avon.org Page 4 of 5 materials, existing structures, sub-grade placements or other means that both screen the antennas and appear natural to the site.” Satellite Dishes: AMC 7.28.060 (3) states “Satellite dishes shall be screened from neighboring properties. Screening must be accomplished through the placement of the satellite dish on the building. A separately built fence may not be used. If this standard cannot be met in a manner that achieves an operable satellite dish on the property, then the Town will work with the property owner to select the least visually intrusive placement where the satellite dish is operable.” Alternate Screening: AMC 7.28.060(4) states “equipment that is not screened in full compliance with the screening standards of this Section shall be reviewed in accordance with Section 7.16.080, Development plan. Alternate screening methods may include, but shall not be limited to, increased setbacks, increased landscaping, grouping the equipment on specific portions of a site, architectural features and painting.” Staff Response: In lieu of traditional screening measures, which would render a siren system ineffective, the equipment would 1) be grouped close to existing structures on the properties (i.e. pavilion, apartment building, annex building, water tank) 2) utilize wood poles similar to those on nearby overhead powerlines, and 3) painted earth tone colors to diminish prominence. Further, the Development Plan criteria are offered below as permitted by the alternative screening standards. REVIEW CRITERIA: According to Section 7.16.080(f) of the Avon Municipal Code, the following review criteria are established for this application type: 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: The application generally complies with the applicable purposes outlined in the Development Code. Staff finds the application supported by several Purpose statements, including: • (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town. • (h)Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; . Emergency preparedness is becoming increasingly important and minimizing potential damage to structures by providing emergency-only notifications is important in the context of our mountain communities. The installation of sirens is supplemented by other measures in process including alternative evacuation route planning and controlled burns. 2. Consistency with the Avon Comprehensive Plan; Staff Response: The Goals and Policies contained in the Comprehensive Plan support preserving the natural environment and mitigating risks. For example, Goal G.2.: Identify and mitigate potential environmental hazards to promote the public health, safety, and welfare. 3. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as 970.748.4413 matt@avon.org Page 5 of 5 applicable; Staff Response: The Wildridge and Wildwood sirens would be located on parcels that are free of “non- developable” areas that would otherwise disallow such improvements. The Mountain Star location is on land zoned Public Facility (PF), and accordingly allowed by right. 4. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and Staff Response: The analysis contained in this Staff report addresses all applicable Development Code standards. 5. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Staff Response: Not directly applicable. The system would be controlled remotely by local emergency service providers in the event of a warning scenario or disaster. FINANCIAL CONSIDERATIONS: This project was reviewed by Town Council previously, including the financial consideration of adding several new apparatuses to Town properties. Including all expenses for electric and installation, the total cost is estimated to be $350,436. The budget was approved by Town Council on May 10, 2022 as part of the first supplemental budget amendment RECOMMENDATION: I recommend approval and final action on this application, citing PZC’s suggested findings of fact (“Attachment C”). This system could become one of many tools used in the event of a wildfire situation. OPTIONS: The Town Council has options with respect to this proposal: • Continuance and request for more information • Denial • Approval RECOMMENDED MOTION: “I move to approve Case #MNR22009, an emergency notification system for the northern hillside communities, together with the findings as recommended by the Planning and Zoning Commission.” Thank you, Matt ATTACHMENTS: A. Siren Coverage Study B. Siren Brochures C. PZC Recommendation, dated April 19, 2022 Sentry Siren Coverage Study for Avon, CO - Version 6 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Version 6.1 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Version 6.2 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Version 6.3 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Version 6.4 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Version 6.5 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Existing Siren 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Mountain Star 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - O’Neal Spur Park 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Pocket Park 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY Sentry Siren Coverage Study for Avon, CO - Public Works / Wildwood 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. ATTACHMENT A - SIREN STUDY 14641 Hwy. 115 Penrose, CO 81240 719-372-6012 mail@sentrysiren.com Premium Outdoor Warning Systems Model 7V8-B DC: The 7V8-B DC is Sentry's mid-sized DC battery primary siren system. Perfect for mid-sized communities and businesses, the 7V8-B provides impressive power and and full UPS reliability, even if AC line power fails during an emergency. Key features: -Rated at 121dB(C) at 100ft.* -4,000ft. estimated coverage radius / effective range* -8HP, continuous-duty DC motor; 72VDC; requires 120VAC service for battery charging -Minimum 30 minutes run time from batteries -Omni-directional (non-rotating) warning siren -True 360 degree full dB sound output -100% maintenance free -Electro-mechanically generated sound -5 year factory warranty -Powder coated steel construction. Stainless steel available on request. -Easily replaces aging existing sirens *Based on Sentry Siren field tests Since 1905, Sentry Siren, Inc. has proudly set the standard for hand-made warning sirens in the United States and around the world. Call us today and let our team go to work on your siren system! Proudly manufactured in the U.S.A. www.SentrySiren.com "We are so pleased with our selection of Sentry Siren, Inc. as our warning siren system supplier. The performance of our Sentry sirens is impressive; they are very reliable and very loud. And the customer service they provide is second to none. We would highly recommend Sentry to anyone looking to invest in their community with a warning siren system." -Roger Swint Fire Chief City of Morrow Fire Dept. Morrow, GA ATTACHMENT B - SIREN SPECS 14641 Hwy. 115 Penrose, CO 81240 719-372-6012 mail@sentrysiren.com Premium Outdoor Warning Systems Model 14V-B DC: Following its introduction in 2016, the 14V-B quickly became Sentry's best-selling DC battery primary system. Perfect for large muncipalities and noisy industrial environments, the 14V produces a thundering 127dB(C) with full UPS reliability, even if AC power fails during an emergency. Key features: -Rated at 127dB(C) at 100ft.* -5,400ft. estimated coverage radius / effective range* -14HP, continuous-duty DC motor; 72VDC; requires 120VAC service for battery charging -Minimum 30 minutes run time from batteries -Omni-directional (non-rotating) warning siren -True 360 degree full dB sound output -100% maintenance free -Electro-mechanically generated sound -5 year factory warranty -Powder coated steel construction. Stainless steel available on request. -Easily replaces aging existing sirens *Based on Sentry Siren field tests Since 1905, Sentry Siren, Inc. has proudly set the standard for hand-made warning sirens in the United States and around the world. Call us today and let our team go to work on your siren system! Proudly manufactured in the U.S.A. www.SentrySiren.com "We are so pleased with our selection of Sentry Siren, Inc. as our warning siren system supplier. The performance of our Sentry sirens is impressive; they are very reliable and very loud. And the customer service they provide is second to none. We would highly recommend Sentry to anyone looking to invest in their community with a warning siren system." -Roger Swint Fire Chief City of Morrow Fire Dept. Morrow, GA ATTACHMENT B - SIREN SPECS 1 AVON PLANNING & ZONING COMMISSION MEETING MINUTES TUESDAY, APRIL 19, 2022 1. CALL TO ORDER AND ROLL CALL THE MEETING WAS CALLED TO ORDER AT 5:06PM. A ROLLCALL WAS TAKEN, AND ALL COMMISSIONERS WERE PRESENT. ALSO PRESENT WERE POLICE CHIEF GREG DALY, PLANNING DIRECTOR MATT PIELSTICKER, SENIOR PLANNER JENA SKINNER, AND PLANNER 1+ MAX MORGAN. 2. APPROVAL OF AGENDA ACTION: THERE WERE NO CHANGES PROPOSED TO THE AGENDA. COMMISSIONER LANG MOTIONED TO APPROVE THE AGENDA AS PUBLISHED. THE MOTION WAS SECONDED BY COMMISSIONER GOLEMBIEWSKI, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 7-0 VOTE. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM THERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION. 4. O’NEAL SPUR POCKET PARK; SADDLERIDGE APARTMENTS; ANNEX; MOUNTAIN STAR WATER TANK MINOR DEVELOPMENT PLAN – PUBLIC HEARING – FOUR (4) NEW SIRENS TO COMPLETE NORTHERN HILLSIDE EMERGENCY NOTIFICATION SYSTEM (POLICE CHIEF GREG DALY AND PLANNING DIRECTOR MATT PIELSTICKER) PUBLIC COMMENTS: NONE. ACTION: COMMISSIONER GOLIMEBIEWSKI MADE A MOTION TO APPROVE THE MINOR DEVELOPMENT PLAN (MNR22009) WITH THE FOLLOWING FINDINGS: 1. THE IMPROVEMENTS ARE DEEMED NEW “DEVELOPMENT” AND QUALIFY FOR PROCESSING AS A MINOR DEVELOPMENT PLAN PURSUANT TO AMC SECTION 7.16.1080; 2. THE APPLICATION IS COMPLETE; 3. SUFFICIENT INFORMATION IS PROVIDED TO DETERMINE THAT THE APPLICATION COMPLIANCE WITH THE RELEVANT REVIEW CRITERIA; 4. THE APPLICATION SUPPORTS AVON COMPREHENSIVE PLAN GOAL G.2.BY IDENTIFYING AND MITIGATING POTENTIAL ENVIRONMENTAL HAZARDS TO PROMOTE THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE NORTHERN HILLSIDE COMMUNITIES; 5. SIRENS ARE CONSIDERED MUNICIPAL FACILITIES AND THEREFORE PERMITTED ON THE SUBJECT PROPERTIES; 6. THE DEVELOPMENT CODE DOES NOT CONTAIN STANDARDS FOR SIREN STRUCTURES, AND THEREFORE ANTENNA AND SATELLITE DISH STANDARDS WERE CONSIDERED IN THE CONTEXT WITH THIS APPLICATION AS THEY ARE SIMILAR IMPROVEMENTS; 7. SCREENING STANDARDS APPLY TO ANTENNAS AND DISHES ACCORDING TO AMC 7.28.060(B), AND ALTERNATE SCREENING IS ACHIEVED BY INCLUDING NATURAL COLORED WOOD UTILITY POLES AND POWDER COATED EARTH TONE COLORS, AND GROUPING NEAR EXISTING BUILDINGS OR FACILITIES; AND 8. INSTALLATION OF EMERGENCY AWARENESS EQUIPMENT PROMOTES AWARENESS OF WILDFIRE AND OTHER SIGNIFICANT EVENTS, WHICH PROMOTES THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY. COMMISSIONER LANIOUS SECONDED THE MOTION AND MOTION PASSED WITH A 7-0 VOTE; 5. 3087 WILDRIDGE ROAD / MAJOR DEVELOPMENT PLAN –PUBLIC HEARING – TWO SINGLE-FAMILY HOMES (SENIOR ATTACHMENT C - PZC RECOMMENDATION 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: Resolution No. 22-12, Approving Holy Cross Energy Underground Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the East Harry A. Nottingham Park Improvements Project DATE: May 16, 2022 SUMMARY: This report presents Resolution No. 22-12, approving Holy Cross Energy Underground Right- Of-Way Easement and Trench, Conduit, and Vault Agreement for the East Harry A. Nottingham Park Improvements Project. DISCUSSION: The East Nottingham Park Improvements Project generally consists of public restrooms, plaza, picnic seating, stone seating wall and utility relocation. This agreement provides for the undergrounding of the powerlines on the southside of the site and under the Union Pacific Railroad. The Holy Cross Energy Underground Right-Of-Way Easement Agreement, attached as Exhibit A, is required to facilitate undergrounding of electric facilities and allows the right of access to property to construct, repair, operate, and maintain underground and aboveground electric facilities. The Trench, Conduit, and Vault Agreement, attached as Exhibit B, specifies construction and clearance requirements. The Town Attorney has reviewed and approved the Agreements as to form. The relocated electric facilities serve the Parks Garage, Cabin, Performance Pavilion, Irrigation Pump House, and the new public restrooms. FINANCIAL CONSIDERATIONS: Holy Cross Energy estimates the construction to cost $70,000 and will be paid from the Power Line Undergrounding Project budget of $120,000 as approved in the Town of Avon 2022 Capital Projects Fund. The project’s source of funds is the Holy Cross Energy Community Enhancement Fund. RECOMMENDATION: I recommend Council approve Resolution No. 22-12, Approving Holy Cross Energy Underground Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the East Harry A. Nottingham Park Improvements Project. PROPOSED MOTION: “I Move to approve Resolution No. 22-12, approving Holy Cross Energy Underground Right-Of-Way Easement and Trench, Conduit, and Vault Agreement for the East Harry A. Nottingham Park Improvements Project and direct the Town Attorney to finalize easement language with Holy Cross.” Thank you, Justin ATTACHMENTA: Resolution No. 22-12 Approving Holy Cross Energy Easement Res. 22-12 Approving Holy Cross Easement May 24, 2022 Page 1 of 1 RESOLUTION 22-12 APPROVING THE HOLY CROSS ENERGY UNDERGROUND RIGHT- OF-WAY EASEMENT ON TRACT G, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, AVON, COLORADO WHEREAS, the Town of Avon (“Town”) sought a cost estimate from Holy Cross Energy regarding the provision of relocated underground facilities for electric service to Nottingham Park Facilities; and WHEREAS, Holy Cross Energy provided the Town with an estimate of $70,000 for the installation and relocation of the underground facilities; and WHEREAS, underground facilities must be installed on Town owned land located on Tract G, Block 2, Benchmark at Beaver Creek Subdivision, Avon, Colorado which requires the granting of an underground right-of-way easement to Holy Cross Energy, attached hereto as Exhibit A; and WHEREAS, Holy Cross Energy requires the execution a Trench, Conduit and Vault Agreement, attached hereto as Exhibit B, in order to install the underground facilities. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON THAT: The Town Council of the Town of Avon hereby approves an Underground Right-of-Way Easement on Tract G, Block 2, Benchmark at Beaver Creek Subdivision, Avon, Colorado and authorizes the Mayor to sign the agreement granting an easement to Holy Cross Energy, attached hereto as Exhibit A and the execution of a Trench, Conduit, and Vault Agreement, attached hereto as Exhibit B. ADOPTED May 24, 2022 by the AVON TOWN COUNCIL By: Attest: ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT A: HCE EASEMENT HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF AVON, a municipal corporation (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows: Tract G, Benchmark at Beaver Creek Amendment no. 4, according to the Final Subdivision Plat thereof, situate in Section 12, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception Numbers 171107 and 198711 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado. And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within the easement described herein. It shall be the Grantor’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee’s boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that they are the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record. W/O#22-24362:50-63,64,67: Avon Park – Railroad OH to UG Conversion 1/26/2022 22-24362 JV Page 1 of 2 Revised 12/18/15 Exhibit A: HCE Easement TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantors have caused these presents to be duly executed on this day of , 20 . The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represent that they have full power and authority to sign, execute, and deliver this instrument. TOWN OF AVON, a municipal corporation By: Mayor STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by as Mayor of TOWN OF AVON, a municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O#22-24362:50-63,64,67: Avon Park – Railroad OH to UG Conversion 1/26/2022 22-24362 JV Page 2 of 2 Revised 12/18/15 Exhibit A: HCE Easement Exhibit A: HCE Easement TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of , 20 , between TOWN OF AVON, a municipal corporation, whose mailing address is One Lake Street, Avon, Co., 81620, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 2150, Glenwood Springs, Colorado 81602, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called “Facilities”, to serve a project known as Avon Park – Railroad OH to UG Conversion, hereinafter called “Project”; and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and, WHEREAS, Owner owns real property described as follows: Tract G, Benchmark at Beaver Creek Amendment no. 4, according to the Final Subdivision Plat thereof, situate in Section 12, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception Numbers 171107 and 198711 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado, hereinafter called “Property”, which Property is the real property where the Project is being developed; and, WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as follows: Eagle River Water And Sanitation District Subdivision, according to the Final Plat thereof, situate in Sections 11 and 12, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception Numbers 202007910 and 604193 and 653988 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado., hereinafter called “Adjacent Land”. NOW, THEREFORE, Owner and Holy Cross agree as follows: 1.Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross. a.Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b.All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements. c.The top of all conduits installed hereunder shall be located a minimum of 48” below the final grade of the ground surface. d. A twelve-inch (12”) minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from plastic gas lines shall be greater than this minimum wherever practicable. e.Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f.If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit and/or vault installation being unusable or improperly constructed. 2.Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the Project. 3.Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross employee. W/O#22-24362:50-63,64,67: Avon Park – Railroad OH to UG Conversion 1/26/2022 22-24362 JV Page 1 of 3 Revised 12/18/15 Exhibit B 4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross’ request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. 8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non- opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner’s responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner’s responsibility, at the Owner’s sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 11. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following: All those of Record. The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors in interest, and assigns, of the Property. W/O#22-24362:50-63,64,67: Avon Park – Railroad OH to UG Conversion 1/26/2022 22-24362 JV Page 2 of 3 Revised 12/18/15 Exhibit B The individual signing this Trench, Conduit and Vault Agreement hereby represents that they have full power and authority to sign, execute, and deliver this instrument. Holy Cross Energy, a Colorado corporation TOWN OF AVON, a municipal corporation By: By: David Bleakley – Vice President, Engineering Mayor STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by as Mayor of TOWN OF AVON, a municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by David Bleakley – Vice President, Engineering Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O#22-24362:50-63,64,67: Avon Park – Railroad OH to UG Conversion 1/26/2022 22-24362 JV Page 3 of 3 Revised 12/18/15 Trench, Conduit and Vault Agreement Holy Cross Energy Exhibit B 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer Tim Thompson, Project Engineer RE: Notice of Award – Metcalf Road Culvert Repair Project DATE: May 18, 2022 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the Metcalf Road Culvert Repair Project initially presented to the Council on August 5, 2021. The 2021 Notice of Award included a “sliplining” method that was later determined to not be feasible and the contract was not executed. Staff subsequently delayed the project to evaluate other repair methods. The combination of a 32-FT pipe depth, and the presence of utilities that could be impacted including water, gas, sewer, fiber optics and electric make the repair complex and costly. The construction details, financial consideration and staff recommendation are discussed below. See Site Location map below. Site location Map DISCUSSION: The Metcalf Road Culvert Repair Project consists of replacing a failed 50-FT section of 7-FT diameter corrugated metal pipe (CMP) that is 32-FT underneath Metcalf Road and located near the north exit of Metcalf Lofts. The entire culvert is 154-FT long and transports Metcalf Gulch underneath the road. The method of repair selected requires excavating the southside of Metcalf Road up to the edge of road. 970-748-4045 jhildreth@avon.org The road will be partially closed with one lane open. Traffic will be cycled between each direction and we will recommend the Wildridge traffic take Buck Creek Road as a detour. The repair method includes excavating the hillside from the south end of the pipe 50-FT up to the collapsed section of pipe. The hillside will have to be shored because of the steepness of the ground, contributing the project’s expense. A 50-FT, 84-IN diameter long section of pipe will be replaced with the same pipe size and type. The new pipe will be carefully bedded to protect it, add strength and securely hold it in place. Ancillary activities include a temporary road, rip rap, spoils disposal, revegetation seeding, removal and replacement of guard rail, and traffic control. The work is within 5-FT of the sanitary sewer line draining Wildridge and the flows will have to be by-passed during construction contributing to the cost. The Eagle River Water and Sanitation District has been apprised of this situation and we are following their precautions. Staff solicited bids from the following 3 contractors: • Ewing Construction for $942,405 • 360 Civil, they are unable to complete the project in 2022 • American West Construction for $566,400 This project will be funded from the Capital Projects Fund and is scheduled to be amended in the next budget amendment. The project is planned for completion by November 2022 and has a bid of $566,400 including the bond. CONSTRUCTION CONTRACT: The Town’s standard construction contract, as reviewed by the Town Attorney, will be used for the project. CONSTRUCTION SCHEDULE: The proposed work is scheduled to be completed by November 23, 2022. Liquidated damages for failure to complete the work, is $1,500 per day and will be doubled to $3,000 per day after 30 days. FINANCIAL CONSIDERATIONS: The construction contract for this culvert repair project will be funded from the 2022 Capital Projects Fund, Metcalf Road Culvert Repair Project and will be included in the next Capital Projects Fund budget amendment. The Project cost estimate is shown in Table 1 below and includes 20% contingency due to the complexity of the project. Table 1: Metcalf Road Culvert Repair Project Cost Estimate Existing Budget $408,390 Construction Cost $566,400 Contingency (20 %) $113,600 Proposed Budget Total $680,000 RECOMMENDATION: Staff recommends Council approve the Notice of Award to American West Construction, LLC for the Metcalf Road Culvert Repair Project contract as they are a qualified contractor in the amount of $566,400. PROPOSED MOTION: “I move to authorize issuance of Notice of Award for the Metcalf Road Culvert Repair Project contract to American West Construction, LLC in the amount of $566,400.” Thank you, Justin 970-390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Chief Mobility Officer RE: Notice of Award – Avon Road Multimodal Assessment DATE: May 16, 2022 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the Avon Road Multimodal Operations Assessment project as approved in the Town of Avon 2022 Capital Projects Fund. The project will conduct a safety and operational assessment of Avon Road for pedestrians and vehicles. The final report will recommend safety and infrastructure improvements for future budgets and grant opportunities. DISCUSSION: Avon Road is a roadway through the center of town with a series of 5 roundabouts. From feedback and accident reports, Avon Road has speeding concerns and is regarded as not pedestrian friendly. Slip lanes (dedicated turn lanes) on the I-70 Interchange ramps are not pedestrian friendly due to the nature of slip lanes, to move vehicles quickly onto and off I-70. The roundabout geometry, number of lanes, and existing pavement markings require capacity and operational assessment and modeling. There are existing conflict points with the roadway network such as a 3-lane roadway entering a two-lane roundabout. Project Site: Avon Road Avon Rd/Hurd Ln: In efforts to improve pedestrian safety, pedestrian crossing flags were added in 2020. At the Avon Rd/Hurd Lane intersection, in 2020, there were 6 accidents with one involving a serious injury to a pedestrian. In 2019, there were 4 accidents at the same intersection. This summer, with a preliminary engineering assessment recommendation by Stolfus and Associates, temporary restrictive delineators will be added at the Avon Road and Hurd Ln intersection to assess the effectiveness and operational impacts of potentially adding a permanent restrictive median. Page 2 of 2 Proposed restrictive median defined with temporary delineators PERFORMANCE SCHEDULE: The Assessment will be completed by Nov 1, 2022. FINANCIAL CONSIDERATIONS: The Avon Road Multimodal Operations Assessment project will be funded with the Town’s Roads and Streets Capital Projects Fund. 2022 CIP Project Budget: $150,000 Stolfus Task Order 3: Avon Road Multimodal Operations Assessment Project $109,365 RECOMMENDATION: I recommend Council authorization to award Task Order #3, the Avon Road Multimodal Operations Assessment project to Stolfus and Associates in the amount of $109,365. PROPOSED MOTION: “I move to authorize the issuance of the Notice of Award for the Avon Road Multimodal Operations Assessment project to Stolfus and Associates in the amount of $109,365 as approved by the Town of Avon Capital Projects Fund.” Thank you, Eva ATTACHMENT A: Stolfus and Associates Proposal and Cost Summary 5690 DTC Boulevard, Suite 330W Greenwood Village, CO 80111 phone:303-221-2330 • fax: 303-221-2331 www.stolfusandassociates.com May 4, 2022 Eva Wilson, PE, PTOE Mobility Director Town of Avon EWilson@Avon.org Dear Eva: The Town of Avon has identified a need to improve safety and operations at roundabouts along Avon Road. This task order identifies the scope of work necessary for Stolfus & Associates, Inc. (Stolfus) to: •Identify geometric, safety, and operational deficiencies for existing roundabouts, •Develop conceptual roundabout alternatives to address these deficiencies, •Evaluate improvement alternatives and identify a preferred alternative or set of phased alternatives for future design and construction. The project includes a total of five (5) roundabouts along Avon Road: I-70 Westbound Ramp, I-70 Eastbound Ramp, Beaver Creek Road, Benchmark Road, and US Hwy 6. The intersection of Avon Road and Hurd Lane is also included in the study. SCOPE OF WORK Work Element 1 – Project Administration/Management Stolfus will review and process invoices and provide other project administration and management services (coordination and product review) throughout the duration of the project. Stolfus will be responsible for day-to-day management and coordination of the work elements. Stolfus will create and maintain a project design schedule to meet the milestone dates as agreed with the Town of Avon. The schedule will be updated as necessary during the project. Stolfus will notify the Town when tasks are falling behind schedule. Stolfus will hold a bi-weekly status call with the Town of Avon to discuss progress, schedule, budget, and risks. It is estimated that twelve (12) calls will be held during the project. The bi-weekly calls are assumed to include Town of Avon Engineering, Public Works, Operations, and emergency response agencies as appropriate. Stolfus will provide QA/QC reviews at each major submittal: existing conditions, alternatives identification and analysis, and final report. Stolfus’ QA/QC review efforts will confirm appropriateness of methodologies used, accuracy of documents, reasonableness of conclusions, document completeness, and overall clarity. Work Element 1 Deliverables: •Monthly invoices and progress reports. •QA/QC documentation •Project Schedule Work Element 2 – Data Collection Stolfus will conduct a field visit to confirm existing conditions and observe traffic operations. During the field visit, Stolfus will confirm existing signage and striping, guardrail location and condition, cross-slope conditions, and other potential project constraints (drainage, structures, ADA accessibility, adjacent property conditions, etc.). ATTACHMENT A - STOLFUS PROPOSAL Eva Wilson, PE, PTOE May 4, 2022 Page 2 Previous studies and data that are available for the area will be provided by the Town. Data may include traffic studies, traffic counts, crash data, available survey information, aerial imagery, drawing files of previous alternatives, existing signing & striping plans, as-built drawings, available right-of-way information, GIS and utility information. Peak period vehicle and pedestrian counts will be collected at each intersection location. Traffic will be observed during the pm peak hour. In addition, existing safety data and safety studies will be reviewed to understand and identify potential crash patterns and/or mitigation strategies. The most current crash data will be obtained from the Town of Avon. A traffic methodology will be prepared that summarizes the traffic data, identifies the need for seasonal or other adjustments, approach to the traffic projections, and traffic modeling approach and objectives. Work Element 2 Deliverables: • Traffic and crash data • Traffic methodology Work Element 3 – Existing Conditions Analysis Roundabouts will be analyzed using SIDRA and HCM 6 to determine Level of Service, queue length and delay. Other analysis tools, including RODEL, will be used, if necessary, to provide additional points of reference. Stolfus will review existing geometrics and previous studies to identify geometric design deficiencies. Because field survey is not included in the scope of services, the geometric review will be based on available mapping, including aerial imagery. Elements such as inscribed circle diameter, fastest path, entry and exit radii, entry and circulatory width, splitter island geometry, design vehicle accommodations, sight distance and bicycle/pedestrian accommodations will be reviewed. Stolfus will evaluate recent crash history to identify problematic locations and/or movements. Where possible, crash history will be linked to substandard geometric conditions or operational deficiencies in order that safety benefits can be tied to proposed improvements. A review of the existing signing & striping will be performed to determine whether there are any near-term improvement recommendations. Work Element 3 Deliverables: • Existing conditions summary • Signing & striping recommendations • One (1) month from notice-to-proceed for “interim” pavement marking / signing concepts for the Benchmark and Beaver Creek Blvd roundabouts • The Hurd Lane intersection will be included in the assessment Work Element 4 – Initial Project Meeting Following the existing conditions review, Stolfus will conduct an initial project meeting with Town staff and others as identified by the Town. The meeting will cover initial findings with respect to safety, operations, and geometrics of the existing roundabouts and provide an opportunity for additional feedback and discussion. In addition, we will discuss potential improvement alternatives and review the evaluation methodology including project goals and evaluation criteria. Stolfus will be responsible for scheduling the meeting, preparing meeting exhibits, meeting minutes, and participating in the meeting. Meeting notes will be generated and distributed to the meeting attendees by Stolfus. It is assumed that the initial project meeting will be held virtually. Work Element 4 Deliverables: Eva Wilson, PE, PTOE May 4, 2022 Page 3 • Meeting Agenda and Minutes • Evaluation Methodology Work Element 5 – Alternatives Development and Evaluation To provide a logical means for evaluating and comparing alternatives, Stolfus will develop an evaluation matrix prior to the development of alternatives. The matrix will identify a set of evaluation criteria that correspond with project goals identified at the onset of the project. Criteria will cover topics such as safety, operations, maintenance, project impacts, multi-modal accommodation, and cost. A simple rating system that identifies the alternatives as favorable, neutral or unfavorable with respect to each criterion will be specifically defined. The evaluation matrix will be used to evaluate whether the alternatives meet the project goals and identify a preferred alternative. Stolfus will utilize aerial imagery for the project to develop up to three (3) roundabout options at each location. Options may include, but are not limited to the following: • Geometric improvements • Lane assignment modifications • Signing & pavement markings • Multi-modal improvements Existing right-of-way and ownership information will be depicted based on available GIS information. Horizontal layouts will be developed over aerial mapping. Horizontal layouts will be high level and will not define specific geometry. Performance checks for fastest path and vehicle turning movements for the design vehicle will be investigated. Vertical alignments for concepts will not be investigated in detail. It is anticipated that one round of revisions to concepts will be required. Stolfus will apply current best practices in roundabout design. Plan development will be based on site conditions, AASHTO, ITE, FHWA Roundabouts: An Informational Guide (NCHRP 672), MUTCD guidance, CDOT M&S standards, CDOT Design Guide, Town standards and engineering judgment. Alternatives will be evaluated with the evaluation matrix. A conceptual Engineer’s Opinion of Probable Cost (EOPC) will be prepared for the preferred alternatives based upon major elements of the work. Minor elements of work will be estimated using contingencies. EOPC’s developed are not intended to be used as a guaranteed maximum price but instead for planning and budgeting purposes. Work Element 5 Deliverables: • Evaluation matrix • Exhibits for each alternative • EOPC for preferred alternatives Work Element 6 – Alternatives Documentation and Recommendations Stolfus will prepare a written document with a summary of the work performed and resulting outcomes of this project. The body of this document is intended to be brief, elaborating on and/or displaying only pertinent information. It is anticipated that technical appendices will support the body of the document. However, these appendices will only be formatted for a technical audience. Work Element 6 Deliverables: • Draft Memorandum Eva Wilson, PE, PTOE May 4, 2022 Page 4 • Final Memorandum and Appendices Work Element 7 – CSS and Virtual Public Involvement As a project within the I-70 Mountain Corridor, Stolfus shall lead the project through the CSS process. A PLT will be developed and is expected to include CDOT, Town of Avon, Eagle County, ECO Transit, FHWA, and other agencies as identified by the Town. Stolfus will review the CSS Guidance applicable to this area and apply it to the project. In conjunction with the Town, Stolfus will prepare for and conduct a series of virtual PLT meetings. Up to 2 PLT meetings in addition to the initial project meeting will be held to help guide the development of the evaluation criteria, development of alternatives, and selection of the preferred alternative. Following each PLT meeting, Stolfus will prepare meeting notes and distribute to the attendees. Stolfus will create and host a project website (GIS StoryMap) or provide online materials for the Town’s Engage Avon web page. We will use online content to work toward “informed consent” on specific public concerns. The website will contain features which are intended to: • Guide visitors through the website in a sequential, logical manner like how members of the public would be guided through an open house, • Display static PDF exhibits created by the project team which would otherwise have been shown as printed boards, • Be interactive such that the conceptual roundabout layouts are shown as a dynamic map with call outs to items that require specific attention or explanation, • Communicate briefly through text an overall explanation of project goals, alternatives, and steps forward, • Survey public opinion as appropriate regarding issues, alternatives, or recommendations • Be configured to present a summary of the information collected once all public input has been received and the comment period has ended. Stolfus will provide a public comment summary. The public comment summary will be in a memo-type format, with common themes summarized, data on the comments received, and formal comments received attached to the memo for future reference. No formal presentations are planned as part of this scope. Work Element 7 Deliverables: • PLT Agendas and Meeting Minutes • Website materials (to be hosted by Stolfus as an ArcGIS StoryMap or by the Town through their Engage Avon web site) • Public meeting materials (same as website) in electronic format (Town staff will conduct the open house) • Online Public Comment Summary WORK BY OTHERS The following items are specifically not included in the scope of work at this time: • Survey • Right-of-way plans, acquisition, and clearance • Environmental • Preliminary / final design • Utilities • Drainage studies • Geotechnical and pavement Eva Wilson, PE, PTOE May 4, 2022 Page 5 • Public meeting attendance FEE As detailed in the attached budget spreadsheet, Stolfus and its subconsultants will perform these engineering services for a total fee of $109,365. We appreciate the opportunity to work with the Town of Avon and would be happy to answer any questions you have on this Scope of Services. Sincerely, STOLFUS & ASSOCIATES, INC. Matthew J Brown, PE, PTOE Senior Transportation Engineer Budget - 2022 Commercial Rate Client PM: Date:4/30/2022 Project #: By:MJB Date Requested:Add'l Service? Requested by:Anticipated Duration 6 months Scope Summary Principal PE-5 PE-3 PE-2 PE-1 EI3 EI2 EI1 Student Intern Office Manager Admin Asst. 1 TASK PHASE $200.00 $185.00 $165.00 $150.00 $130.00 $110.00 $110.00 $110.00 $60.00 $85.00 $65.00 HRS TOTAL Work Element Work Element 1 - Proj. Admin/Mgmt $5,180 $4,290 $510 $9,980 Work Element 2 - Data Collection $3,960 $3,740 $7,700 Work Element 3 - Existing Conditions Analysis $740 $5,115 $520 $13,970 $20,345 Work Element 4 - Initial Project Meeting $555 $1,320 $1,560 $1,540 $4,975 Work Element 5 - Alternatives Development & Eval $4,255 $5,280 $5,700 $5,330 $18,150 $38,715 Work Element 6 - Project Documentation $990 $1,800 $1,560 $3,300 $7,650 Work Element 7 - CSS & Public Involvement $1,665 $4,950 $1,200 $1,560 $5,280 $14,655 Total Labor $ $12,395 $25,905 $8,700 $10,530 $45,980 $510 $104,020 $104,020 SUBCONSULTANTS/VENDORS Budget All Traffic Data $5,000 Sub/Vendor 2 Sub/Vendor 3 Sub/Vendor 4 Sub/Vendor 5 Total Subconsultants $5,000 EXPENSES: expense cost units qnty Mileage 0.575 mi 600 $345.00 $345.00 Outside Reproduction at cost at cost $345.00 TOTAL SERVICES $109,365 Other Type Service Provided Traffic Counts Location:Base Budget? Eva Wilson Client:Town of Avon Project:Avon Road Roundabouts 970.478.4005/970.471.6621 ljrichards@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Lance J. Richards, Human Resources Director RE: Resolution 22-07 ADA Coordinator DATE: April 14, 2022 SUMMARY: The proposed Resolution is intended to reaffirm the Town’s commitment to the spirit and letter of the Americans with Disabilities Act of 1990 (ADA), the subsequent amendments to that Act, as well as relevant Colorado legislation. It also updates information required since the original adoption of the ADA in 1990. BACKGROUND: In January, 1993, the Avon Town Council passed Resolution 93-1 “A Resolution Concerning Accessibility to the Services, Programs, and Activities of the Town of Avon”, which stated the Town’s commitment to the applicable principles of the Americans with Disabilities Act of 1990. A copy of that resolution is attached as Exhibit A. DISCUSSION: Since 1993, there have been a number of amendments, directives and court rulings which have modified ADA, and how government entities should approach ADA compliance. Probably the most significant of those were the ADA Amendments Act of 2008 (ADAAA) and the Genetic Information Nondiscrimination Act of 2008 (GINA). Most recently, under Colorado HB21-1110, language has been added to relevant Colorado statutes to mandate improved accessibility to services, especially online services, which all government entities must comply with by July 1st, 2024. The Town has worked diligently to maintain full compliance with the rules outlined in these Acts, both in terms of our physical properties and facilities, as well as with our employees, patrons and residents. We fully expect to continue this focus. This Resolution is designed not only to reaffirm, but also to more specifically designate, as is now required, a single point of contact for queries or issues regarding ADA, as well as a clear appeals process. FINANCIAL CONSIDERATIONS: The Town currently complies with all aspects of the ADA. As a result, there is no expected incremental spend caused by this Resolution. RECOMMENDATION: I recommend that Council approve this Resolution to restate and reaffirm our commitment to, and compliance with, the spirit and letter of the Americans with Disabilities Act. PROPOSED MOTION: “I move to approve Resolution 22-07, restating and reaffirming the Town’s commitment to the Americans with Disabilities Act.” Thank you, Lance ATTACHMENT A: Town of Avon Resolution 93-1 ATTACHMENT B: Town of Avon Resolution 22-07 Resolution 22-07 ADOPTION OF ADA May 24, 2022 Page 1 of 4 RESOLUTION 22-07 ADOPTING THE AMERICANS WITH DISABILITIES ACT (ADA) AND APPOINTING ADA COORDINATOR AND PROCEDURES WHEREAS, the Avon Town Council adopted Resolution 93-1 on January 12, 1993, a resolution setting forth the Town’s commitment to, and compliance with, the Americans with Disabilities Act of 1990 (“ADA”); and WHEREAS, the Town wishes to restate and reaffirm its commitment to the underlying principles of the ADA; and WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities; and WHEREAS, in compliance with Title II of the ADA the Town of Avon shall name an ADA Coordinator; and WHEREAS, in compliance with Title II of the ADA the Town of Avon shall adopt a grievance procedure for resolving complaints alleging violation of Title II of the ADA; and WHEREAS, in compliance with Title II of the ADA the Town of Avon shall publish notice to the public regarding the ADA; and WHEREAS, in compliance with Title II of the ADA the Town of Avon shall post the ADA coordinator's name, office address, and telephone number along with the ADA Notice and ADA grievance procedure on its website. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves and installs the following: 1. The Deputy Town Manager is designated as the ADA Coordinator for the Town. 2. The Notice under the Americans with Disabilities Act, a copy of which is posted to the Town’s website, is adopted as the Town of Avon Notice under the Americans with Disabilities Act. 3. The Town of Avon ADA Grievance Procedure under the Americans with Disabilities Act, a copy of which is attached hereto and as revised from time to time, is adopted as the grievance procedure for addressing complaints alleging discrimination on the basis of Resolution 22-07 ADOPTION OF ADA May 24, 2022 Page 2 of 4 disability in the provision of services, activities, programs or benefits by the Town of Avon. 4. In compliance with Federal and State laws as set forth above, the Town Council directs Town Staff to post the required information regarding the Co-ADA Coordinators Notice under the Americans with Disabilities Act, and Town of Avon Grievance Procedure under the Americans with Disabilities Act on its website and at such other locations as may be determined required or appropriate from time to time. ADOPTED May 24, 2022 by the AVON TOWN COUNCIL By: Attest: ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk Resolution 22-07 ADOPTION OF ADA May 24, 2022 Page 3 of 4 Non-discrimination Notice In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 (“ADA”), the Town of Avon will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The Town of Avon does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA. Effective Communication: The Town of Avon will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Town of Avon programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The Town of Avon will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in Town of Avon offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the Town of Avon, should contact the office of the Human Resources Director, who serves as the Town’s ADA Coordinator, as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the Town of Avon to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of the Town of Avon is not accessible to persons with disabilities should be directed to the Human Resources Director at 970.748.4005. The Town of Avon will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. Resolution 22-07 ADOPTION OF ADA May 24, 2022 Page 4 of 4 Grievance Procedure under The Americans with Disabilities Act INTRODUCTION: This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (“ADA”). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Town of Avon. The Town of Avon Human Resources Director (including designee(s)) shall act as the ADA Coordinator. COMPLAINT: The complaining party (“Party”) may submit a Complaint verbally or in writing. The Complaint shall contain information about the alleged discrimination such as description of the date, location, circumstances, actions and decisions which serve as the basis of the complaint and shall include the Party’s information, including name, address, phone number of complainant and location, date, and. Alternative means of filing complaints, such as personal interviews or a tape recording of the Complaint, will be made available for persons with disabilities upon request. The Complaint must be submitted by the Party (or Party’s designee) no later than sixty (6o) calendar days after the alleged violation to: Deputy Town Manager/ADA Coordinator Town of Avon 100 Mikaela Way PO Box 975 Avon, Colorado 81620 970.478.4005 The ADA Coordinator will meet with the Party to discuss the Complaint and the possible resolutions within fifteen (15) days after receipt of the complaint. This meeting may occur in- person, by telephone, or by video call. The ADA Coordinator will respond in writing within fifteen (15) calendar days of the meeting, and where appropriate, in a format accessible to the grievant (e.g. large print, Braille, or audio tape). The response will explain the position of the Town of Avon and offer options for substantive resolution of the complaint. APPEAL: The Party may appeal the decision of the ADA Coordinator within fifteen (15) calendar days after receipt of the response to the Town Manager. The Town Manager shall schedule a hearing to review the complaint within forty-five (45) calendar days of receiving the appeal and shall provide at least five (5) days notice of the date, time and location of the appeal. The Town Manager shall render a decision in writing within fifteen (15) days of the hearing on the appeal. All written Complaints received by the ADA Coordinator, appeals to the Town Manager, and responses from these two offices will be retained by the Town of Avon for at least three (3) years. AVON REGULAR MEETING MINUTES TUESDAY MAY 10, 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 Part One The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Liquor Authority meeting to order at 5:00 p.m. and the Council regular meeting to order at 5:28 p.m. A roll call was taken, and Council members present in person were Lindsay Hardy, Chico Thuon, Tamra Underwood, Scott Prince, and Amy Phillips. Councilor RJ Andrade was absent. Also present in person were Planning Director Matt Pielsticker, Marketing and Communications Manager Liz Wood, Sargent Jeremy Holmstrom, Recreation Director Michael Labagh, CASE Manager Danita Dempsey, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:28:00 Part One No changes were made to the agenda. Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Board member Andrade was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:28:18 Part One No conflicts of interest were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:28:26 Part One Mayor Pro Tem Phillips 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. Drew Dodd, Avon resident, commented in person about the pride flag. He requested to be flown for the entire month. Taylor Joseph Gardarian, Eagle resident, commented in person about citizen inputs and constitutional oaths. He provided a website to visit for more information and see his oath: citizencontrol.org. Kathy Ryan, Avon resident, commented in person. She thanked Taylor Gardarian for his previous comments and addressing that the government is there to protect us. She talked about the situation on Beaver Bench and how the government has not protected this property. She reminded Council that mud season is coming up and that there is a possibility of another microburst. 5. BUSINESS ITEMS 5.1. PUBLIC HEARING: RESOLUTION 22-09 ADOPTING REGIONAL TRANSIT AUTHORITY INTERGOVERNMENTAL AGREEMENT (TOWN MANAGER ERIC HEIL AND CHIEF MOBILITY OFFICER EVA WILSON) Video Start Time: 00:43:05 Part One Town Manager Heil presented an update on the Regional Transit Authority (RTA) formation effort and explained that this is the second of two required public hearings and recommended to continue this item to the May 24 th meeting as some items in the IGA are still under discussion. AVON REGULAR MEETING MINUTES TUESDAY MAY 10, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM He said this is a work session and n o motion, only Council direction, is requested tonight. He mentioned they just finished doing a voter polling and there is slightly over 50% in support of sales tax and around mid-60% in support for the idea of the visitor benefit tax. Councilor Underwood reminded staff about th e changes she suggested in the first reading . Mayor Smith Hymes called for public comments and Taylor Joseph Gardarian, Eagle resident, commented in person. He talked about the costs of the infrastructure of a tunnel from Avon to East Vail and real estat e. Councilor Underwood moved to continue Res olution 22-09 Adopting Regional Authority Intergovernmental Agreement to the May 24th meeting. Mayor Pro Tem Phillips seconded that motion and the motion passed with a vote of 5 to 0. Councilor Andrade was absent and Councilor Thuon had stepped out of the room. 5.2. RESOLUTIONS 22-10 AND 22-11: RESTATING PUBLIC-POLICE PENSIONS (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 01:15:08 Part One Finance Director Scott Wright presented and explained the two existing boards. The Retirement Board Attorney Kevin Paul joined in person and explained the resolutions and answered questions from Council. He mentioned the Board met this morning and these resolutions were passed by the Board. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved that the Town of Avon Public Employees Money Purchase Pension Plan be amended and restated not later than July 31, 2022, as set forth in Resolution No. 22-10. Mayor Pro Tem Phillips seconded that motion and the motion passed with a vote of 6 to 0. Board member Andrade was absent. Mayor Pro Tem Phillips moved that the Town of Avon Police Officers Money Purchase Pension Plan be amended and restated not later than July 31, 2022, as set forth in Resolution No. 22-11. Councilor Hardy seconded that motion and the motion passed with a vote of 6 to 0. Board member Andrade was absent. 5.3. TRACT Y DEVELOPMENT AGREEMENT (TOWN MANAGER ERIC HEIL) Video Start Time: 01:26:45 Part One Town Manager Heil presented and said there are some revisions followed from a previous Council meeting in the agreement. Developer Steve MacDonald was present in person and answered several questions from Council. Town Manager Heil explained a revision for paragraph 5.2 in the Deed Restriction section. Councilor Underwood requested several language changes in section 7. Councilor Prince presented different possible scenarios. Mayor Smith Hymes expressed her concern about the Eagle County employee definition. Town Manager Heil suggested to adjust the wording to "each unrelated adult." Staff will amend residency occupancy requirements to include that the resident has to meet the Eagle AVON REGULAR MEETING MINUTES TUESDAY MAY 10, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM County employee and other unrelated adults have to have some employment in Eagle County, some revisions on Exhibit B and Exhibit C, and include Councilor Underwood's language requests. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve Resolution 22-07 Approving a Development Agreement with Legacy Mountain Development, LLC, for Approximately 52 Community Housing Units at Tract Y and Approving Tax and Fee Waivers Pursuant to Chapter 3.14 of the Avon Municipal Code. Councilor Hardy seconded that motion and the motion passed with a vote of 6 to 0. Board member Andrade was absent. 5.4. WORK SESSION: USE TAX AND MARIJUANA TAX (FINANCE DIRECTOR SCOTT WRIGHT, FINANCE MANAGER JOEL MCCRACKEN, P LANNING D IRECTOR MATT P IELSTICKER) Video Start Time: 00:00:01 Part Two Finance Director Scott Wright presented a PPT on use tax and answered questions from Council. Mayor Smith Hymes polled Council and in support of proceeding with the construction materials use tax, including a voter polling, were Mayor Pro Tem Phillips, Councilor Underwood, Councilor Hardy, and herself. Not in support was Councilor Prince. Councilor Andrade was absent. Planning Director Matt Pielsticker then talked about marijuana tax and showed a buffer analysis map, which he mentioned it has been updated since November when it was first presented. He said the schedule is similar to the use tax. He explained there are some towns that allow sale only and others that allow sell, cultivation, and consumption. Council consensus was to move forward, including a voter polling. Councilor Prince said this should go straight to the ballot as his guess is that it will pass and there is no need to poll. He said he wants to hear from the businesses in Chapel Square. 5.5. PUBLIC HEARING: RESOLUTION NO. 22-08 1ST BUDGET AMENDMENT Video Start Time: 00:51:04 Part Two Finance Director Scott Wright presented a summary of the proposed budget revisions and the estimated impacts to fund balances . Under the capital projects fund, Councilor Hardy asked staff to explain the $175,810 debris flow project expense as it is not clear, and the community constantly asks a bout what the Town has been doing to help with the mitigation. Councilor Prince asked about the $50,000 for the underpass project painting as he thought it was included. Councilor Thuon mentioned the comment he made in the last meeting about the lighting staying on all day in the underpass . Under the mobility fund, Councilor Prince said he does not support the parking management plan, so he does not support this resolution for that reason. Mayor Pro Tem Phillips moved to approve Resolution No. 22 -08 Amending the 2022 Town of Avon Budget with the removal of the $50,000 for painting the underpass protection walkways and the commitment that Council will receive a written report in the next packet regarding the debris mitigation. Councilor Thuon seconded that motion and the motion passed with a vote of AVON REGULAR MEETING MINUTES TUESDAY MAY 10, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5 to 1. Councilor Andrade was absent and Councilor Prince voted no. 5.6. PUBLIC HEARING: 2ND READING OF ORD 22-03 AMENDING TITLE 15 OF AVON MUNICIPAL CODE, GRADING REVISIONS (TOWN ATTORNEY KARL HANLON) Video Start Time: 01:12:13 Part Two Interim Town Attorney Karl Hanlon suggested to continue this item to the first meeting in June. Cherry Creek Manager Marcus Lindholm joined virtually and said that more specific language will be provided. Mayor Pro Tem Phillips moved to continue second reading of Ordinance 22 -03 Amending Section 15.08.160 of the Avon Municipal Code Regarding Issuance of Grading Permits to the June 14th Council meeting. Councilor Underwood seconded that motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent. 5.7. WORK SESSION: CLIMATE ACTION STRATEGIES AND PARTNERS (SUSTAINABILITY COORDINATOR CHARLOTTE LIN) Video Start Time: 01:15:58 Part Two Sustainability Coordinator Charlotte Lin presented a PPT about climate actions strategies and latest updates, including the Eagle County climate action plan timeline. Council was very pleased with the information and suggestions she provided. Mayor Pro Tem Phillips said that #1 priority is to get a composting grinding machinery in the Eagle County landfill. Councilor Hardy supported her comment. Mayor Smith Hymes said that the goal would be for the Town to have its own inventory. Councilor Underwood said that education on composting should be included in the strategies. 5.8. NOTICE OF AWARD OF ELECTRIC VEHICLE CHARGING STATIONS (TOWN ENGINEER JUSTIN HILDRETH) Video Star t Time: 02:01:00 Part Two Town Manager Heil presented and said this is one of the implementation strategies for the climat e action plan. Councilor Underwood moved to authorize issuance of the Notice of Award for the installation of the electric vehicle charging stations contract to the low bidder, Tri -Phase Electric, in the amount of $136,002. Councilor Hardy seconded that motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent. 6. MINUTES 6.1. APPROVAL OF APRIL 26, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:02:30 Part Two Mayor Pro Tem Phillips mentioned the name of Kathy was changed to Kathleen in the public comments section per her request. Councilor Prince pointed out a misspelling. Councilor Underwood moved to approve the April 26, 2022 as amended. Councilor Thuon seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade was absent. 7. WRITTEN REPORTS AVON REGULAR MEETING MINUTES TUESDAY MAY 10, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 7.1. FSR 779 Grant Application Update (General Government Intern Emily Myler) 7.2. Update on East Beaver Creek Blvd in the Village (at Avon) (Town Engineer Justin Hildreth) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:03:25 Part Two Mayor Pro Tem Phillips talked about the pride flag and messages received by Council, and she requested to fly the flag for the entire month of June. Council agreed. Councilor Hardy that many of those messages of support were beautiful and that she is proud and happy to live in an inclusive and accepting community. She said that the local LGBTQ community Mountain Pride supports SURO as well and mentioned SURO will have an event in June. Councilor Thuon talked about the blank signs in Wildridge Road he mentioned in the last meeting. He suggested to add a QR code to scan and direct people to see the information. He talked about the spring clean-up and picking up landscape debris. Council talked about what items are and are not picked up. Councilor Prince talked about the E-bike program, and he mentioned he has been following and supporting the ban of the flavored tobacco, which failed today at the Senate. He supported posting the pride flag. Mayor Smith Hymes discussed about Council compensation. She explained the reasons why she wants this to be considered and the minimum pay to be raised to reflect the amount of work all they do. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:44 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: AVON REGULAR MEETING MINUTES TUESDAY MAY 10, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Brenda Torres, Deputy Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade 970-748-4019 jmccracken@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Joel McCracken, Finance Manager RE: Financial Report – March & April 2022 Data DATE: May 16th, 2022 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for March 2022 and the recreation fees and real estate transfer tax revenues for April 2022. BACKGROUND: The Town’s 2022 final revised budget was adopted in December 2021. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for March and April revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – March 2022: March sales tax revenues totaled $1,550,584. This is an increase of $254,690 or 19.65% compared to March 2021 sales tax revenue of $1,295,894. MARCH 2021 v MARCH 2022 SALES TAX COMPARISON BY INDUSTRY March 2021 March 2022 Increase/Decrease Home/Garden $120,005.98 $107,146.81 ($12,859.17) Grocery/Specialty/Health $212,569.70 $240,642.03 $28,072.33 Sporting Goods Retail/Rental $145,425.71 $188,536.90 $43,111.19 Miscellaneous Retail $53,291.47 $81,880.68 $28,589.21 Accommodations $258,653.25 $390,230.72 $131,577.47 Restaurants/Bars 200,051.32 $237,239.37 $37,188.05 Other $27,864.50 $17,026.99 ($10,837.51) Service Related $62,083.24 $62,725.96 $642.72 Liquor Stores $41,855.62 $21,481.62 ($20,374.00) E-Commerce Retail $47,418.74 $63,977.83 $16,559.09 Manufacturing/Wholesale $30,975.19 $41,615.94 $10,640.75 Construction Related Services $53,919.62 $48,712.45 ($5,207.17) Digital Media Suppliers/Sellers $22,046.98 $31,904.12 $9,857.14 Commercial/Industrial Equipment $19,732.50 $17,450.91 ($2,281.59) Special Events - $11.65 $11.65 TOTAL $1,295,893.82 $1,550,583.98 $254,690.16 Page 2 of 7 NOTE: Since the Colorado Sales and Use Tax System (“SUTS”) was first implemented in the Town of Avon in late 2020, more than 100 businesses have registered to remit sales tax which has resulted in e- commerce retail sales tax revenues to dramatically increase. Sales Tax: March 2022 Budget v Actual Collections: March 2022 sales tax revenues totaled $1,550,583.98. This is an increase of $235,616 over the March 2022 estimates of $1,314,968. This is 17.92% over the adopted 2022 budget (based on a 3-year average). MARCH 2022 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance March $1,314,968.35 $1,550,583.98 $235,615.63 17.92% 1,014,399.70 1,130,669.61 872,489.74 1,295,893.82 1,550,583.98 11.46% -22.83% 48.53% 19.65% $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 2018 2019 2020 2021 2022 2018-2022 March Sales Tax Revenue Trend Page 3 of 7 Accommodation Tax: Revenues – March 2022: Accommodation tax revenues totaled $393,864.17 for the month of March. This is an increase of $79,976 or 25.48% compared to March 2021 accommodation tax revenues, which totaled $313,888.05. Accommodation tax collections by industry type for March 2022 compared to March 2021 reported an increase for Time Shares and Hotels and a decrease for Vacation Rentals. MARCH 2021 v MARCH 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY March 2021 March 2022 Increase/(Decrease) Timeshares $35,260.02 $57,861.58 $22,601.56 Hotels $107,505.75 $166,682.68 $59,176.93 Vacation Rentals $171,122.28 $169,319.91 ($1,802.37) TOTAL $313,888.05 $393,864.17 $79,976.12 March 2022 Budget v Actual Collections: March 2022 accommodation tax revenues totaled $393,864.17. This is an increase of $75,862.05 over the March 2022 estimates of $318,002. This is 23.86% over the adopted 2022 budget (based on a 3-year average). MARCH 2022 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance March $318,002.12 $393,864.17 $75,862.05 23.86% 206,783 246,970 128,039 313,888 393,864 19.43% -48.16% 145.15% 25.48% $50,000 $150,000 $250,000 $350,000 $450,000 2018 2019 2020 2021 2022 2018-2022 March Tax Revenue Trend Page 4 of 7 Short Term Rental Tax: Revenues – March 2022: STR for Community Housing Tax totaled $181,857 for the month of March. There are no previous period revenues for comparison. The amount of STR for Community Housing Tax revenues collected in the 1st quarter compared to the annual budget of $750,000 represents 65.97%. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. MARCH 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY March 2022 Timeshares $28,930.78 Hotels $71,902.58 Vacation Rentals $81,023.74 TOTAL $181,857.10 Real Estate Transfer Tax: Revenues – April 2022: April 2022 Real estate transfer tax totaled $378,321. Compared to April 2021, which totaled $477,177, this is a decrease of $98,856. Tobacco & Cigarette Tax: Revenues – March 2022: Tobacco tax revenues totaled $30,237 and cigarette tax revenues totaled $21,516 for March 2022. Compared to March 2021 revenues, this is an increase of $1,483 for tobacco tax revenues, which totaled $28,754 and a decrease of $257 for cigarette tax revenues, which totaled $21,774. $122,312 $312,900 $140,135 $477,177 $378,321 155.82% -55.21% 240.51% -20.72% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2018 2019 2020 2021 2022 Real Estate Transfer Tax April Revenue Trends Page 5 of 7 March 2022 Adopted Budget v Actual Collections: March 2022 tobacco and cigarette tax revenues totaled $30,237 and $21,516, respectively. This is an increase of $7,559 over the March 2022 budget for tobacco tax, which is $22,679 and a decrease of $599 over for the March 2022 budget for cigarette tax estimates, which is $22,116 which is based on a 3-year average. MARCH 2022 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2022 Budget 2022 Actual Dollar Variance Percentage Variance Tobacco $22,679.08 $30,237.75 $7,558.67 33.33% Cigarettes $22,115.67 $21,516.54 ($599.13) -2.71% Total $6,959.54 23,073 16,659 21,774 21,517 -27.80% 30.70% -1.18% - 5,000 10,000 15,000 20,000 25,000 2019 2020 2021 2022 2019-2022 March Cigarette Excise Tax Revenue Trend 7,895 12,797 28,754 30,238 62.09% 124.70% 5.16% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2019 2020 2021 2022 2019-2022 March Tobacco Tax Revenue Trend Page 6 of 7 Recreation Center Fees: Revenues – April 2022 Admissions & Program Fees: Recreation admission revenues for April 2022 totaled $60,904, an increase of $26,736 compared to April 2021 which totaled $34,168. This is $30,918.40 over the adopted 2022 budget estimates of $29,986.40. Recreation program fee revenues for April 2022 totaled $25,487. This is an increase of $21,841 compared to 2021, which totaled $3,646. This is $6,044 over the adopted 2022 budget estimates, which is $19,444 which is calculated based on a 3-year average. 61,818 53,085 1,437 34,168 60,905 -14.13% -97.29% 2278.26% 78.25% - 10,000 20,000 30,000 40,000 50,000 60,000 2018 2019 2020 2021 2022 2018-2022 Recreation Admissions April Revenue Trends $45,827 $31,133 $2,153 $3,646 $25,487 -32.07% -93.09% 69.38% 598.99% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 2018 2019 2020 2021 2022 2018-2022 Recreation Program Fees April Revenue Trends Page 7 of 7 Tax Revenue Comparison – YTD 2021 v 2022: All revenues except for cigarette tax are reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2022 v Actual 2022: All revenues except for Cigarette tax reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and percentage variance. Thank you, Joel 2021 v 2022 Year-to-Date Revenue Comparison 2021 YTD 2022 YTD Dollar Variance Percentage Variance Sales Tax $3,099,882.35 $3,964,563.72 $864,681.37 27.89% Acc. Tax $468,176.46 $1,074,402.15 $463,011.71 75.73% Tobacco Tax $85,364.96 $88,680.58 $3,315.62 3.88% Cigarette Tax $62,082.00 $57,642.54 ($4,439.46) -7.15% RETT $1,556,019.45 $1,867,341.42 $311,321.97 20.01% Rec Admissions $127,244.17 $310,942.62 $183,698.45 144.37% Rec Program Fees $57,745.78 $103,915.47 $46,169.69 79.95% 2022 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $3,345,547.71 $3,964,563.72 $619,016.01 18.50% Acc. Tax $827,763.88 $1,074,402.15 $246,638.27 29.80% Tobacco Tax $72,389.84 $88,680.58 $16,290.74 22.50% Cigarette Tax $59,988.44 $57,642.54 ($2,345.90) -3.91% RETT $1,031,514.19 $1,867,341.42 $929,442.58 99.10% Rec Admissions $197,080.65 $310,942.62 $113,861.97 57.77% Rec Program Fees $103,889.94 $103,915.47 $25.53 0.02% 1 Eaglebend Dowd Housing Corporation To: Town of Avon – Town Council Cc: Gerry Flynn, Eric Heil, Jeff Spanel, Tracy Walters From: Craig Ferraro on behalf of the Board of Directors of Eaglebend Dowd Housing Corporation Date: May 18, 2022 Re: Kayak Crossing – Refurbishment Project Update As you are aware we have begun the process of refurbishing the Kayak Crossing affordable housing. This memo gives a quick update on progress on that refurbishment as well as where we stand on partnering and refinancing the debt. Construction Progress Boiler replacement, which was started this winter, is now essentially completed, with just a few follow-up items to go. We expect to see operational cost savings from the new system. Given our valley’s labor market and the world’s supply chain challenges, we have signed a construction contract with the contractor, after finalizing scope and cost of the exterior and interior refurbishments. Materials with significant lead times have been purchased to ensure they will be available when needed. The contractor has mobilized, and deconstruction work has begun with siding and deck removal now completed on the first building. No significant issues have been encountered. The contractor has begun insulation and window/deck replacement, this will be followed by new siding. Scope of the road upgrade has been finalized and we have begun tree removal needed to begin this project. Residents are aware of the schedule and management is keeping them abreast of progress and timing of work, coordinating access to units and making them aware of parking restrictions to allow for efficient construction. As of this date, Tenants occupy 48 of our 50 units (95%), with 4 move-outs and 5 move-ins happening now; the project is 97% leased. As with our affiliated affordable housing at Eaglebend and Buffalo Ridge, the waitlist for Kayak Crossing is still >100 potential tenants long. Currently the exterior construction is still on-track to be completed by end of fall, with interior upgrades possibly continuing into next winter. Page 2 Discussions with participating entities With Town of Vail’s decision not to participate in helping to finance the upgrades at Kayak Crossing we have moved to other entities for exploration of having a financial partnership to support Kayak Crossing. Any potential agreements will be vetted with the Town of Avon. Eagle County recently completed their sale of Lake Creek and has indicated a desire to support affordable housing in the valley. We are having exploratory discussions with them to see if Kayak Crossing can be supported. We are actively meeting with the owners of River Run, the apartment complex which shares the private road with Kayak Crossing, regarding their contribution to the road repairs per the 1999 Settlement Agreement between the two entities. As you know, Kayak Crossing and Eaglebend Apartments (as well as Buffalo Ridge Affordable Housing Corp.) all share common boards of directors, and the value of this successful historical affiliation cannot be understated. Eaglebend Apartment’s present proposed assistance to Kayak Crossing is described below. Re-financing of existing debt We continue to make progress on obtaining new financing for Kayak Crossing needed to repay the existing bonds (balloon due in 2024) and complete the refurbishment project. FirstBank is the lender, with the financing structure the same as the financing we completed with FirstBank for the Eaglebend Apartments refurbishment. We locked in the interest rate last month at 4.14%, slightly above our proforma but still a very good rate for the project. We expect to have loan documents completed by counsel in early June for submittal to the Town Council ahead of your review and approval at your June 14th meeting per our Project Agreement. Following the Town of Vail’s exit from discussions but given the pressing need to move forward expeditiously, Eaglebend has agreed to a provide $2.4 million in new subordinated debt to Kayak Crossing. This debt will allow for full repayment of the existing $1.6 million, 8% subordinated bonds as well as bridge the gap in financing needed for the refurbishment. If we are able to obtain funding from Eagle County or River Run the proceeds will help to repay this debt to Eaglebend. We thank you for your continued support to allow our entities to provide affordable housing in Avon and are happy to answer any questions you have concerning Kayak Crossing and the refinancing. 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, MAY 3, 2022 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 5:00pm. A rollcall was taken, and all commissioners were present. Also present were Deputy Town Clerk Brenda Torres, Town Attorney Karl Hanlon, Planning Director Matt Pielsticker, Senior Planner Jena Skinner, Planner 1+ Max Morgan, and applicants for 1910 Hurd Lane Variance: Terry Nolan (representative of property owner) and Jamie McCluskie (lan dscape architect). 2. SWEARING IN OF NEW COMMISION MEMBERS New and Returning PZC Commissioners were sworn in by Deputy Town Clerk Brenda Torres in the following order: Donna Lang Arenschield (Returning), William Glaner (New), Thomas Schaefer (New), and Kevin Hyatt (New). 3. APPOINTMENT OF CHAIRPERSON AND VICE CHAIRPERSON Planning Director Matt Pielsticker advised on the roles and duties of the Chairperson and Vice Chairperson positions. ACTION: Commissioner Lang motioned to elect Steve Nusbaum as Chairperson and Marty Golembiewski as Vice Chairperson. The motion was seconded by Thomas Schaefer, and all were in favor. The motion passed unanimously with a 5-0 vote. Chairpersons Nusbaum and Golembiewski abstained. 4. APPROVAL OF AGENDA ACTION: There were no changes proposed to the agenda. Commissioner Golembiewski motioned to approve the agenda as published. The motion was seconded by commissioner Lang and all were in favor. The motion passed unanimously with a 7-0 vote. 5. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM There were no conflicts or ex parte communication. 6. 1910 HURD LANE / VARIANCE – PUBLIC HEARING – DISTURBANCE IN 30’ RIPARIAN BUFFER (SENIOR PLANNER JENA SKINNER AND LANDSCAPE ARCHITECT JAMIE MCCLUSKIE) PUBLIC COMMENTS: Nancy Tashman, Canyon Run HOA Representative, requested that if boulder wall is permitted, that equipment be used only at the top of the project to prevent soil compaction and impacts to revegetation. ACTION: Terry Nolan requested that the application for a variance is tabled for a fu ture meeting. Commissioner Sekinger made a motion to table the application. Commissioner Lang seconded the motion. The motion passed 6-1, with Commissioner Golembiewski dissenting. 7. WORK SESSION / COMMISSIONER TRAINING (TOWN ATTORNEY KARL HANLON) 8. CONSENT AGENDA 8.1. Approval of minutes from April 19, 2022 PZC meeting 2 8.2. Approval of record of decision for 3087 and 3091 Wildridge Rd/Major Development Plan ACTION: Commissioner Golembiewski made a motion to approve the consent agenda. Commissioner Sekinger seconded the motion and the motion passed with a 7-0 vote. 9. STAFF UPDATES 9.1. Short term rental regulations 10. ADJOURN The meeting adjourned at 6:59pm THESE MEETING NOTES 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, MAX MORGAN 970-748-4446 mlabagh@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Michael Labagh, Recreation Director RE: O’Neal Spur Park Picnic Shelter Rentals DATE: May 16, 2022 SUMMARY: The Recreation Department has received multiple requests to rent out the picnic shelter located in O’Neal Spur Pocket Park in Wildridge. Staff believes the addition of the picnic shelter rental opportunity will be manageable for staff and a welcomed amenity for the public. BACKGROUND: The picnic shelter at O’Neal Spur Park, shown in Figure A, was constructed in Spring 2006. The picnic shelter is currently available for use on a first come first serve basis and has not been available for public rental in the past. Picnic shelter reservations are currently available in Harry A. Nottingham Park at two locations on the east side of the park. The Playground picnic shelter and the Creekside picnic shelter, shown in Figures B and C, are both rented out online through the Recreation Department. Community members can rent either shelter for $25.00 for a 4-hour increment; 10:00 a.m. to 2:00 p.m. or 3:00 p.m. to 7:00 p.m. Picnic shelter reservations are available daily, May through October each year. A Special Event permit is required for groups who plan to have over fifty people in attendance and/or need technical assistance from Town staff for their gathering. Figure A: O’Neal Spur Park Picnic Shelter Figure B: Figure C: Creekside Picnic Shelter Playground Picnic Shelter Page 2 of 2 FINANCIAL CONSIDERATIONS: Recreation Department staff have determined that the only expense needed to effectively offer and manage this service would be the addition of a waterproof bulletin board on the picnic shelter. The estimated cost for the bulletin board is $215.00. Recreation Department staff believe the addition of this rental opportunity will produce up to $250.00 in additional revenue in 2022. RECOMMENDATION: Due to the interest from the community, I recommend allowing picnic shelter reservations at O’Neal Spur Park for gatherings under fifty people. Recreation Department staff will closely monitor the addition of the rental opportunity and initiate operational adjustments as needed. Thank you, Michael