TC Packet 03-28-2023_______________________________________________________________________________
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 TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, March 28, 2023
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL 5:00
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. BUSINESS ITEMS
5.1. Mini presentation: Ice Skate Update (Recreation Director Michael Labagh)
5.2. Mini presentation: Sustainability Videos (Sustainability Coordinator Charlotte Lin)
5.3. The electric grid in 2030 (Holy Cross Energy’s CEO Bryan Hannegan)
5.4. Resolution 23-05, Approving a Temporary Construction Easement Agreement for the
Nottingham-Puder Ditch Repair Project (Project Engineer Tim Thompson)
5.5. Discussion of Senate Bill 23-213 (Town Manager Eric Heil)
6. MINUTES
6.1. Approval of March 14, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
7. WRITTEN REPORTS
7.1. Planning & Zoning Commission March 21 Abstract (Senior Planner Jena Skinner)
7.2. Monthly Financials (Senior Accountant Dean Stockdale)
7.3. Community Water Plan Grant Awarded March 16, 2023 to Town of Avon for Benchmark
Reservoir Conservation Project (Irrigation improvements and demonstration gardens) (Deputy
Town Manager Patty McKenny)
7.4. Draft March 21 Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy
Carmichael)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. EXECUTIVE SESSION
9.1. An Executive Session pursuant to 24-6-402(4)(e) for the purpose of determining positions
relative to matters that may be subject to negotiation; develop strategies for negotiation;
instructing negotiators. More specifically, relating to State Land Board lands, Lot B and the
Purchase of Bronze Art Statues.
10. ADJOURN
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
Avon Town Council
March 28, 2023
ICE OPERATIONS 2023 REVIEW
MICHAEL LABAGH,
RECREATION DIRECTOR
HOURS OF OPERATION
Monday-Friday: 3:00 –8:00pm
Saturday & Sunday: 12:00-8:00pm
*Hours adjusted to M-F 5-8pm and Weekends 3-8pm
February 27
•January 3 –March 2, 2023
•52 days of operation
Projected operations:
Mid-December through mid-March
Avon Town Council
March 28, 2023
VISITATION
•Online waiver collection -737 waivers signed
•987 total skaters (19 average per day)
•Rink use between 5 –60 people
•319 skate rentals
Avon Town Council
March 28, 2023
RENTALS & CONCESSIONS
Avon Town Council
March 28, 2023
Concessions
•$2 -Hot Chocolate
•$2 -Coffee
•$5 -S’More Kits
Skate Rentals
•2-hour rental
•$8 –Ice Skates
•$6 –Child Skate Assist
PUBLIC OPERATIONS TEAM
•Safety, Quality, Efficiency
•Improved equipment
•18+ inches of black ice
Avon Town Council
March 28, 2023
THANK YOU, PUBLIC OPERATIONS TEAM!
Avon Town Council
March 28, 2023
2023-2024 ADJUSTMENTS
•Hire seasonal staff
•Adjust hours of operation
•Equipment for public operations (improve
safety, efficiency & ice surface)
•Adjust rink lights
•Explore community partnerships
•Increase programming as able
Avon Town Council
March 28, 2023
Avon Town Council
March 28, 2023
THANK YOU!
970-748-4083 clin@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Sustainability Videos DATE: March 20, 2023
SUMMARY: The Town of Avon has increased video production both in-house and with our community partners this year for our sustainability initiatives. Video content can engage and inform audiences in a way that written materials cannot. By creating videos that showcase the benefits of recycling, explain the new recycling ordinance, and offer tips on proper recycling practices, we can effectively raise awareness and encourage participation in the program. Additionally, videos can be easily shared on social media platforms and websites, making it accessible to a wide audience. By utilizing video content, Avon can more effectively meet its sustainability goals.
In this mini presentation, we will look at the highlights of sustainability videos made in 2023 so far, including:
o Waste reduction video for Avon events (voiceover by CASE Manager Danita Dempsey and produced by High Five Media). Please note that the final edit is still being worked on. o Trash Talk Thursdays (produced in-house by Sustainability Coordinator Charlotte Lin). Examples:
o Should I crush aluminum cans before recycling them? o What is Waste Wizard?
Thank you, Charlotte
970-748-4083 clin@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Holy Cross Bryan Hannegan Presentation: Can the HCE Grid Handle Electrification? DATE: March 20, 2023
SUMMARY: From the “Net Zero Communities” Work Session on February 14, 2023, Council directed Staff to invite Holy Cross Energy (“HCE”) to come talk about upgrading the electric grid to support all of the increased demand due to beneficial electrification that we hope to achieve based on our regional Climate Action Plan. Council would like to get reassurance that the Town’s plans line up with HCE’s plans. Staff arranged for HCE CEO Bryan Hannegan to share updates through the presentation “Can the HCE Grid Handle Electrification?” (ATTACHMENT A). The presentation covers the main points of:
• HCE’s Journey to 100% Renewable Energy
• Clean Energy Progress to Date
• Electrification Options
• Rocky Mountain Institute (“RMI”) Electrification Study Results & Recommendations
• Existing Grid Capacity
• Electrification Programs
Bryan will be presenting in person and be available to answer any questions by Council after the presentation.
Thank you, Charlotte
ATTACHMENT A: “Can the HCE Grid Handle Electrification?” slides
Your community. Your co-op. Your choice.
Can the HCE GridHandle Electrification?
Bryan Hannegan -Holy Cross Energy -March 27, 2023
Holy Cross Energy is leading the responsible transition to a clean energy future.
265 MW
Peak
Demand
3,100 MilesDistribution
Lines
120 Miles
Transmission
Lines
165
Employees
Founded in 1939, we serve more
than 46,000 members in scenic
Western Colorado with:
In 2022, 50% of our power supply
came from wind, solar, biomass and
hydroelectric power, as well as coal
mine methane recovery.
Holy Cross Energy (HCE) provides safe,
reliable, affordable and sustainable energy
and services that improve the quality of life
for our members and their communities.
Our Journey to 100%
Cleaner
Wholesale
Power
Local
Clean Energy
Resources
Distributed
Energy
Resources
SmartElectrification
Continue our existing
agreements for energy
from local biomass,
hydro, solar, & coal
mine methane projects
Incorporate new,
clean, dispatchable
resources into HCE’s
power supply mix.
Support installation of
at least 4 MW per year
of new rooftop solar
systems.
Encourage the
expanded use of
electricity for
transportation, building
heating and cooling, and
industrial processes.
Energy
Efficiency
Obtain an additional
0.25% per year in
reduction of electric
sales from existing
uses.
These actions will allow HCE to achieve its vision of:
•Carbon-neutral or better across the enterprise by 2035
in a way that does not sacrifice affordability, safety, or reliability for the sake of sustainability.
•100% carbon-free power supply by 2030
Clean Energy Progress to Date
New Resources Developed or
Under Contract:
Eastern Colorado
•150 MW wind
•30 MW solar
HCE Service Area
•5 MW solar
•4.5 MW hydro
•4.5 MW/15 MWh solar+storage
•10 MW/20 MWh solar+storage
•10 MW/20 MWh solar+storage
What Does Electrification Look Like?
Electrification Options
End Use Fossil-Fuel Device Electric Device
Transportation Internal combustion engine (ICE) car,
bus, or truck Electric vehicle (EV)
Space heating Natural gas furnace; propane furnace;
natural gas boiler; propane boiler
Air source heat pump; electric resistance
heat; ground source heat-pump
Hot water heating
Tankless natural gas; natural gas with
storage; tankless propane; propane with
storage
Electric resistance with storage; heat
pump with storage; electric tankless
Cooking Gas stove; propane stove Electric resistance stove; induction stove
Space cooling Commercial gas absorption chiller Air
Snowmelt systems Natural gas boiler Electric boiler
Dollars and emissions are only part of the story –service quality and ease of use also shape decisions.
RMI Electrification Study
•Conducted May –Dec 2021
•Using a stock turnover model,
RMI modeled HCE-specific
electrification scenarios based
on CO GHG Roadmap
•Economic analysis compared
life-cycle GHG emissions and
total costs of operation,
inclusive of rebates/incentives
•Used EIA and utility retail data
for fuels, HCE rates for kWh
RMI Study Results –Costs & Emissions
•All electrification options
result in net GHG reduction
•Electric transportation yields
an obvious financial benefit
to the consumer
•Air source heat pumps
provide economic benefits
when both heating and
cooling are desired
•Very little difference by
geographic location
RMI Study Results –Grid Impacts
30% increase in electricity use by 2035 47% increase in peak demand by 2035
•HCE system built for winter peak (2-3 weeks)
•Local system capacity
•Transmission 240 MW
•Substations 168 MW
•Distribution 315 MW
•With growth, additional transmission needed
•N-1 contingency if one transmission line out of service
•Avon-Gilman project
Existing Grid Capacity is Sufficient
RMI’s Key Recommendations for HCE
1.Work to ensure new electric demand is flexible.
2.Continue to invest in efficiency, especially around space heating in winter.
3.Focus on light-duty vehicles and heat pumps to reduce GHG emissions.
4.Educate contractors, members, and community partners.
5.Work with large users on electrification planning.
6.Track, monitor, and inform local, state, and federal policies.
7.Make sure all communities benefit from electrification.
8.Continue to invest in system reliability and community energy resilience.
Electrification Must Be Flexible
Pre-cool/heat buildings
and charge EVs when
wind/solar plentiful
Allow building to
“ride through”
peak
Discharge
from batteries
to address PM
solar ramp
(incl. V2G)
Source: RMI
Electrifying Your Ride –EV Programs
Program Elements
•FREE L2 EV chargers to every
residential (limit 2) or commercial
(limit 4) member
•DER service agreement avoids
up-front installation costs
•Community DC fast charging
supported by $150k in upgrades
and engineering support
•Transit and school buses
supported with TOU rates, no
demand charge, on-site solar
541 Home
Charging
Ports
107
Commercial
Charging
Ports
31 DC
Fast
Chargers
17
Transit &
2 School
Buses
2022
Program
Numbers
Power+ Energy Storage Program
Just over 2 MW of “behind the
meter” storage installed
•Combines DER service
agreement & distribution
flexibility tariff
•Zero down, 0% financing,
$60-90/month payment for 10
years
Basalt Vista Affordable Housing Project
•Habitat for Humanity, Pitkin County, Basalt School District
•27 homes for teachers and local service workers
•Designed net-zero energy with all electric construction
•Adjacent to Lake Christine Fire affected area
•Cost-shared partnership with NREL and DOE
•Demonstrate value of DERs to consumer *and* grid
Four homes with controllable loads
•8kW rooftop solar PV
•Battery storage
•L2 EV charging
•Heat pump water heater
•Air source heat pump
Electric Rate & Program Options
Distributed Energy Resource
Service Agreement
•Low interest on-bill payments
for DERs and related costs
Distribution Flexibility
•Credit for allowing utility to
manage behind-the-meter
DER assets
Peak Time Payback
•Credit for voluntary
reduction in consumption
during forecasted peak event
GreenUp Dynamic
Renewable Pricing
Time of Use
•Optional rate structure to
encourage load shifting
•24c/kWh on-peak (4-9 pm);
6c/kWh off-peak
PuRE
•Green pricing program to
enable members to choose
100% renewable energy
•Credit for voluntary increase
in consumption during
forecasted events.
Purchase 100%
Renewable Energy
Join us on our Journey to 100%
For more information –
www.holycross.com
Follow us on Twitter & Facebook
970-748-4078 tthompson@avon.org
TO: Honorable Mayor Amy Phillips and Council Members FROM: Tim Thompson, Project Engineer RE: Approval of Resolution 23-05, Approving a Temporary Construction Easement Agreement for the Nottingham- Puder Ditch Repair Project DATE: March 24, 2023
SUMMARY: Council is being asked to consider Resolution 23-05, Approving a Temporary Construction Easement Agreement for the Nottingham-Puder Ditch 2023 Repair Project. DISCUSSION: Council authorized a Notice of Award for the Nottingham-Puder Ditch 2023 Repair Project to Mocon Pacific, Inc. at the March 14, 2023, meeting. The access to the ditch is across the Eagle River Presbyterian Church property at 455 Nottingham Ranch Road. The Church also owns the undeveloped Lot 12 just east of the parking lot. The Town has the legal right to access the ditch for operation and maintenance purposes. This easement agreement is to allow the contractor to temporarily use Lot 12 for construction staging including parking construction equipment and storing materials as shown below:
This Resolution 23-05 is for a temporary construction easement agreement between the Town of Avon and the Presbyterian Parish of Minturn to provide for a construction staging area to complete the ditch repair project. The Town will be the easement grantee as the owner of the project and will manage the use and restoration of Lot 12 through the Construction Agreement with Mocon Pacific, Inc. FINANCIAL CONSIDERATIONS: This Resolution 23-05 will approve a Temporary Construction Easement Agreement for a consideration of Ten Dollars ($10.00) to be paid to Presbyterian Parish of Minturn.
970-748-4078 tthompson@avon.org
RECOMMENDATION: I recommend Council approve Resolution 23-05, Approving a Temporary Construction Easement Agreement for the Nottingham-Puder Ditch 2023 Repair. PROPOSED MOTION: “I move to approve Resolution 23-05, Approving a Temporary Construction Easement Agreement for the Nottingham-Puder Ditch 2023 Repair.” Thank you, Tim
ATTACHMENT A: Resolution 23-05, Approving a Temporary Construction Easement Agreement for the Nottingham-Puder Ditch 2023 Repair Project Exhibit A: Temporary Construction Easement Agreement for the Nottingham-Puder Ditch 2023 Repair Project
TOWN OF AVON
RESOLUTION NO. 23-05 Series of 2023
A RESOLUTION APPROVING TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ON LOT 12 MCGRADY ACRES, 5469 NOTTINGHAM RANCH ROAD,
AVON, COLORADO
WHEREAS, the Town of Avon (the “Town”) entered into a contract with Mocon Pacific, Inc. regarding the repair of the Nottingham-Puder Ditch by installing a trapezoidal HDPE liner into the existing earthen irrigation ditch to eliminate the leaking water issue; and
WHEREAS, Mocon Pacific, Inc provided the Town with an estimate of $744,144 for the installation of the trapezoidal HDPE liner into the existing earthen irrigation ditch; and
WHEREAS, the trapezoidal HDPE liner must be installed into the existing earthen irrigation ditch
on LOT 12 MCGRADY ACRES, 5469 NOTTINGHAM RANCH ROAD, Avon, Colorado
which requires the granting of a temporary construction easement to Town of Avon, attached hereto as Exhibit A; and
WHEREAS, Town of Avon also requires an area of land for parking construction equipment and
staging materials in addition to the area of the ditch liner installation on LOT 12 MCGRADY ACRES, 5469 NOTTINGHAM RANCH ROAD.
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 Temporary Construction Easement Agreement on LOT 12 MCGRADY ACRES, 5469 NOTTINGHAM RANCH ROAD, Avon, Colorado and authorizes the Mayor to sign the agreement granting an easement to Town of Avon attached hereto as Exhibit A.
ACCEPTED, APPROVED AND ADOPTED March 28, 2023.
AVON TOWN COUNCIL
By:_________________________________
Amy Phillips, Mayor
By:____________________________________ Miguel Jauregui Casanueva, Town Clerk
Attachment A
Temporary Construction Easement Agreement – Nottingham-Puder Ditch Repair & Equipment Storage
Page 1 of 4
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: Presbyterian Parish of Minturn, (Grantor),
whose address is PO Box 4660, Avon, Colorado 81620, in consideration of Ten Dollars ($10.00),
to be paid upon providing written notice of commencement of construction by the Town, and other
good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON
(“Town” or “Grantee”), a Colorado home rule municipality, whose address is PO Box 975, Avon,
Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and
conditions contained in this Temporary Construction Easement Agreement (“Easement
Agreement”) to maintain and improve Nottingham-Puder Ditch drainage, park construction
equipment and store materials over and across the tract of land described in paragraph 1 below.
The parties further agree as follows:
1. Grantor owns LOT 12 MCGRADY ACRES, 5469 NOTTINGHAM RANCH
ROAD, Avon, Colorado (“Property”). Grantor grants to the Town a temporary construction
easement for the purpose of construction activities including parking equipment and storing
materials on LOT 12 MCGRADY ACRES, 5469 NOTTINGHAM RANCH ROAD. The term
of this temporary construction easement shall begin on March 29, 2023, and shall expire and be of
no further force or effect on August 1, 2023 (“Term”).
2. Town agrees that it will provide written notice of commencement of construction to
the Grantor prior to commencement of construction. Town shall tender payment in the amount of
Ten Dollars ($10) as the stated monetary consideration above along with tendering the written
notice of commencement of construction. In the event that Grantor seeks improvements to the
Property during the Term which conflict with this Temporary Construction Easement Agreement,
Town agrees to consider modifications to this easement agreement that accommodate Grantor’s
desire to improve the Property while allowing the Town to park construction equipment and store
materials.
3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless
against any claims or liabilities related to the Town’s activities on the Property pursuant to the
easements granted hereunder. The Town, its planners, engineers, surveyors, architects and other
agents and consultants shall be prohibited from taking any action or omission that subjects the
Property to liens of any kind, including, but not limited to, construction, mechanic’s or
materialmen’s liens (collectively, “Liens”). In the event that the Property becomes subject to any
such Liens directly or indirectly through the action or inaction of the Town, its planners, engineers,
Temporary Construction Easement Agreement – Nottingham-Puder Ditch Repair & Equipment Storage
Page 2 of 4
surveyors, architects or other agents or consultants, the Town shall discharge or bond off any such
Liens within five (5) days of the imposition of any such Liens and failure to do so shall constitute
a default hereunder. This provision shall survive termination of the easement granted hereunder.
4. The Town agrees that it will not dispose of, generate, manufacture, release or store
environmentally hazardous substances (other than de minimis amounts) on or about the Property,
and that any fill deposited shall not contain any environmentally hazardous substances.
5. Upon completion of construction of the Nottingham-Puder Ditch Repair Project, all
materials placed by the Town and/or the construction contractor, Mocon Pacific, Inc., on the
Property (including construction materials and debris) will be removed from the Property, at the
Town’s sole cost and expense, and the Property will be returned to the same condition as existed
prior to the Town’s use of the Property, except as specified in the attached Construction Plans. If
the Town fails to return the Property to the condition that existed prior to the Town’s use of the
Property or fails to grade and establish drainage for the Property consistent with the attached
Construction Plans, the Town will promptly reimburse Grantor for any and all costs reasonably
incurred by Grantor in returning the Property to its prior condition or in establishing grading and
drainage on the Property consistent with the attached Construction Plans.
6. The construction documents for the Nottingham-Puder Ditch Repair Project will
include the Property in the project limits, and the contractor will be required to provide general
liability insurance, covering activity on the Property, consistent with the remainder of the
Nottingham-Puder Ditch Repair Project site, which insurance shall name Presbyterian Parish of
Minturn as an additional insured. The Town shall deliver the certificate of insurance naming
Presbyterian Parish of Minturn as an additional insured prior to its use of the Property.
7. All notices, requests, demands, and other communications required or permitted to be
given under this Easement Agreement shall be in writing and sent to the addresses set forth below.
Each communication shall be deemed duly given and received: (i) as of the date and time the same
is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return
receipt requested, upon delivery to the intended recipient, or on the date of the first refused
delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery
service, on the next day after receipted deposit with same.
Temporary Construction Easement Agreement – Nottingham-Puder Ditch Repair & Equipment Storage
Page 3 of 4
Grantor: Presbyterian Parish of Minturn
PO Box 4660
Avon, CO 81620
Town of Avon: Town of Avon
One Lake Street
PO Box 975
Avon, CO 81620
Attn: Town Engineer
9. Grantor reserves all rights attendant to its ownership of the Property including, but not
limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is
consistent with and does not impair any grant herein contained, and (b) sell and convey the
Property or any portion of it subject to this Easement Agreement.
10. Grantor covenants and agrees that it has good title to the Property and that it has good
and lawful right to grant this Easement Agreement, subject to any easements, liens, claims,
reservations, covenants, conditions and restrictions of public record or which are obvious from a
physical inspection of the Property.
11. In the event of any dispute resulting in litigation hereunder, the prevailing party shall
be entitled to recover all costs and expenses reasonably incurred by it in connection with the
enforcement of this Easement Agreement, including reasonable attorneys’ fees and costs in
connection therewith. This provision shall survive termination of this Easement.
12. This instrument is the complete integration of all understandings between the parties.
No prior or contemporaneous addition, deletion, or other modification shall have any force or
effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal,
addition, deletion, or other amendment shall have any force or effect unless embodied in a written
amendment to this agreement properly executed by the Parties. No oral representation of any kind
preceding the date of this Easement Agreement by any officer, employee, or agent of Grantor at
variance with the terms and conditions of this Easement Agreement, or with any written
amendment to this Agreement, shall have any force or effect nor bind the Grantor. This Easement
Agreement and any amendments to it shall be binding upon the parties and their successors and
assigns.
13. Each and every term, condition, or covenant of this Easement Agreement is subject to
and shall be construed in accordance with the provisions of Colorado law, any applicable state or
federal law. Such applicable law as may be amended from time to time, is expressly incorporated
into this Easement Agreement as if fully set out by this reference. Venue for any action arising out
of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado.
Temporary Construction Easement Agreement – Nottingham-Puder Ditch Repair & Equipment Storage
Page 4 of 4
14. The benefits and burdens of the Easement Agreement shall inure to the benefit of and
be binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement
Agreement on the date first written above.
By:__________________________ Date: ____________
STATE OF _____________ )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ________ day of
___________, 2023, by ___________________________.
Witness my hand and official seal. My commission expires:_________
_________________________
Notary Public
Easement Agreement accepted and approved by the Town of Avon.
By:____________________________ Date:_____________
Amy Phillips, Mayor
Attest:__________________________
Miguel Jauregui Casneuva, Town Clerk
970.748.4004 eric@avon.org
TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Senate Bill 23-213 State Land Use Regulations DATE: March 24, 2023
SUMMARY: Senate Bill 23-2013 was introduced on Wednesday, March 22, 2023. It would impose substantial planning and mandatory land use regulations for “Rural Resort Job Center Municipalities”, including the Town of Avon. The attached power point presentation provides an overview of the bill, strategy options and recommendations. This power point presentation will likely be supplemented on Monday as we have time to review the bill and identify issues.
Thank you, Eric
ATTACHMENT A: Senate Bill 23-213 Presentation
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
Senate Bill 23-213
Concerning State Land
Use Requirements
Attachment A
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
Introduced on March 22, 2023
Supported by Governor Polis
Assigned to Local Government & Housing
Sponsors:
Sen Dominick Moreno
Dem: Majority Leader
Rep Iman Jodeh
Dem: Majority Co-
Whip
Rep. Steven Woodrow
Dem
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
PURPOSE: State Mandated Regional Planning and Zoning
to Promote the construction and development of housing
MAIIN TOPIC AREAS:
•Housing Needs Planning
•Accessory Dwelling Units
•Middle Housing
•Transit Oriented Development
•Key Corridors
•Adoption of Model Codes and Minimum Standards
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
IMPACTS:
•Rural Resort Job Center Municipality
•Urban Municipality: Tier 1 and Tier 2
1.Mandated Housing Needs Planning
2.Allows Accessory Dwelling Units in all single-family
detached zone districts
3.Upzones to Middle Housing (single family to 2-6 units)
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
RURAL RESORT JOB CENTER MUNICIPALITY:
1.Not within a Metropolitan Planning Organization
2.Population of one thousand or more
3.At least one thousand,two hundred jobs
4.Minimum jobs-to-population ratio of 64%
5.Has a Transit that serves two municipalities that includes
an average of 20 headway trips per day as of January 1,
2023
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
PLANNING
•DOLA to define rural resort region by March 31, 2024
•Rural Resort Regional Housing Needs Plan Process –By
June 30,2026
•Regional Housing Needs Plan must include:
•Map identifying locations for Middle Housing,Transit-
Oriented Areas and Key Corridors
•Priority Strategies from Menu of Affordable Housing
Strategies
•Locations
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
PLANNING
Regional Housing Needs Plan must include:
•Map identifying locations for Middle Housing, Transit-
Oriented Areas and Key Corridors
•Priority Strategies from Menu of Affordable Housing
Strategies
•Locations where parking can be reduced
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
PLANNING
Regional Housing Needs Plan:
•Requires regional housing entity or multi-agency group
•DOLA reviews plan
•Must include implementation
•DOLA conducts a compliance review by June 30, 2027
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
ACCESSORY DWELLING UNITS
•DOLA will adopt Accessory Dwelling Unit Model Code by
June 30, 2024
•Local jurisdictions must adopt regs that comply with
statute or Model Code by December 31, 2024
•May apply for extension by June 30, 2024 of compliance
deadline if deficiency in water, sewer, stormwater.
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
ACCESSORY DWELLING UNITS
•Use by Right in any area where single-unit detached
dwellings are a use by right as of January 1, 2023
•Local Jurisdictions can only adopt laws that use
objective standards and objective procedures.
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
ACCESSORY DWELLING UNITS
•AUs at least the greater of 800 sq.ft. or 50% of the size of
the primary residence on the same lot.
•Must be same design rules as the primary structure
•Cannot require rear setback greater than 5’
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
ACCESSORY DWELLING UNITS
•Cannot adopt laws that “cumulatively create
unreasonable costs or delays or that make permitting,
siting, or construction of an accessory dwelling unit on
an eligible property infeasible.”
•NO REQUIREMENT OR AUTHORIZATION THAT
ACCESSORY DWELLING UNITS MUST BE RESTRICTED
TO WORKFORCE HOUSING!!!
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
MIDDLE HOUSING
•Applies to Rural Resort Job Center and Tier One Urban
Muncipality
•DOLA to adopt Model Code by June 30,2024
•Rural Resort Job Center Municipality shall adopt Model
Code or its own compliant regs by December 31, 2026
•May request extension by June 30,2024 for water, sewer
and stormwater deficiencies.
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
MIDDLE HOUSING
•Shall allow Middle Housing as a use by right in any part
of the municipality’s jurisdiction where single-unit
detached dwellings are allowed as of January 1, 2023.
•Middle Housing defined as:
1.Contains between 2 and 6 Dwelling Units
2.Town Home, or
3.“Cluster Cottage” –at least four detached housing
units, each unit maximum 900 sq.ft. footprint, common
courtyard
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
MIDDLE HOUSING
•Federal ADA parking requirements allowed
•Inclusionary zoning allowed
•Short-Term Rental regulations allowed
•Historic District standards allowed
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
MIDDLE HOUSING
•Local jurisdiction may not adopt regs that create
unreasonable costs or delays or make permitting, siting
or construction infeasible.
•NO REQUIREMENT OR AUTHORIZATION THAT MIDDLE
HOUSING MUST BE RESTRICTED TO WORKFORCE
HOUSING!!!
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
THERE IS MORE!!!
NEXT STEPS:
•CAST members already involved
•Committee referral –opportunity for comment
•CML opposed based on infringement of local control
•Potential legal defects of unconstitutional, lack of nexus,
Home Rule/Zoning a matter of local concern
HOWEVER, strong possible this bill may be adopted.
!!!Bill should clearly authorize restricting additional
housing to workforce housing !!!
SB 23-213 Concerning State Land Use Requirements
March 24, 2023
RECOMMENDED AMENDMENTS
1.Support the regional planning requirements and request deferral of any regulation adoptions
for Rural Resort Job Center areas until regional housing assessment is completed.2.Authorize the ability to restrict any mandated extra housing –i.e.ADUs and Middle Housing
to workforce housing (i.e.the typical 8 months a year of 30 hours per week employment in the
county) AND clarify that this supersedes any provisions about “reasonable costs” and rendering project “infeasible”.
3.Lower the minimum ADU square footage to 600 sq.ft.4.Explicitly limit mandatory regulations to water rights and water availability in the housing
planning so we are not required to approve any housing that cannot be served by water
supplies. 5.Propose a regional planning option that allows adoption of a regional plan that meets
minimum goals for developing addition housing and then allows exemption from the entire bill.
AVON REGULAR MEETING MINUTES
TUESDAY MARCH 14, 2023
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
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1. CALL TO ORDER AND ROLL CALL
The meeting hosted in a Hybrid format, in-person at Avon Town Hall and using Zoom.us after technical
difficulties were resolved. Mayor Amy Phillips called the March 14, 2023 Council regular meeting to order
at 5:01 p.m. A roll call was taken and present were Councilors Chico Thuon, Rich Carroll, Lindsay Hardy,
Ruth Stanley, and Mayor Phillips and Mayor Pro Tem Tamra Underwood, and absent was Councilor RJ
Andrade. Also present in person were Town Manager Eric Heil, Deputy Town Manager Patty McKenny,
Town Attorney Karl Hanlon, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui
Casanueva, Police Chief Greg Daly, Recreation Director Michael Labagh, Public Works Director Eva
Wilson, Cultural Arts and Special Events Manager Danita Dempsey, and Human Resources Manager
Karyne Spadi.
At the call to order, it was noted there were internet connectivity issues being resolved and no internet
connection available. The start of this meeting could not be recorded nor hosted in hybrid format, but later
resumed as intended.
2. APPROVAL OF AGENDA
Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tem Underwood
requested that prior to Business Item 5.1. Councilors give an allowance to CASE Manager Danita
Dempsey for her to present the launch of the Town’s Upcycle Banner Bags sale at Avon Rec. She further
added she would like to provide historical background to the Puder Ditch as part of Business Item 5.8.
With no additional changes discussed, Councilor Thuon presented a motion to approve the Agenda, as
amended. Councilor Hardy seconded the motion. It was approved with a 6-0 unanimous vote of those
present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were
disclosed.
4. PUBLIC COMMENT
Public comment can be made by participating in the meeting in person, via zoom’s video/audio, via
telephone, or via email. This public comment section is intended for items not listed in the Agenda, and
participation by members of the public is limited to 3 minutes. Without internet service, Mayor Phillips
asked if there was any public comment from those present in the room.
Bianca Kozar, resident of the Sunridge Condos in Avon, took the podium and stated that when she walks
from her home to work at the Westin Riverfront, she crosses the bridge at West Beaver Creek Blvd
which she believes would benefit from the addition of a pedestrian crossing sign.
At 5:08 p.m. internet service resumed, and all technical difficulties resolved, allowing the meeting to begin
recording, and to be broadcast, at which point Zoom resumed as well under the meeting’s intended hybrid
format to facilitate public comment from those on Zoom.
Video Start Time: 00:00:43
Kathy Ryan resident of Avon asked if Council was aware of a story on the news relative to Senator
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Hickenlooper spearheading a lawsuit against the postal service for poor service offered to certain
communities in Colorado. She stated Avon has very bad postal service and excessively long wait times.
She asked if Avon had any intention to join suit in suing the post office for their bad service. Town
Manager Eric Heil and Town Attorney Karl Hanlon explained that the Town of Avon is already part of
the group she mentioned, and that Mr. Hanlon’s law firm is handling the potential legal action. Hanlon
added that he anticipates his firm will produce the first draft of this analysis on Friday, to be discussed
among Councilors in executive session.
No further public comment was made in person nor on Zoom.
Video Start Time: 00:04:15
CASE Manager Danita Dempsey delivered a presentation on the launch of the sale of the Town’s Upcycle
Banner Bags at Avon Rec. She stated it is a project that has been ongoing for a few years, spearheaded
by Special Events Coordinator Chelsea Van Winkle whom she thanked because she “hit it out of the
park”. Old town banners that have been in storage for many years are upcycled into reusable totes and
bags, available for purchase on Friday at Avon Rec at a cost ranging between $10-$20 depending on
size.
5. BUSINESS ITEMS
5.1. Chiefs Community Partnership Awards for Shop with a Cop (Chief of Police Greg Daly)
Video Start Time: 00:06:28
5:16 pm
Police Chief Greg Daly delivered a presentation related to the Shop with a Cop program. After
explaining the purpose, procedure, value, operation, and positive social impact of this program
during the holidays, he extended Community Partnership Awards to those in the community who
donated time and moneys to this noble program, as listed in the packet. Photographs
memorializing this award ceremony were captured by administrative staff from the Avon Police
Department. Council expressed their deepest thanks to all those involved.
5.2. Flock Safety License Plate Reader defensive net around Town of Avon (Chief of Police Greg Daly)
Video Start Time: 00:14:55
Police Chief Greg Daly delivered a presentation to request approval for the launch of a license
plate reader defensive network around all 8 Town of Avon entry points. He explained patrol cars
already have this technology. He added monitoring entry points to Town of Avon would further
improve crime solving abilities at the Avon Police. He stated that with this technology, intel-
gathering, and data-sharing would be enhanced. He introduced Andrew Warren from Flock
Safety, the technology company selected for this solution. Warren delivered a presentation on
why flock Safety is the ideal technology company to provide this solution in Avon. After technical
and operational information was provided to Council, Councilor Carroll inquired on the status of
the grant which would fund the launch of this program and received additional information from
Chief Daly on the timeline. He then asked if these cameras are solar and was advised they will be
hardwired to light posts to ensure adequate operations. Chief Daly added that Avon facilities and
public works would study the best location for their placement. Councilor Carroll then asked for
additional information related to information sharing and interagency cooperation and was
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advised in doing so, Avon gains access to their data. Councilor Carroll then inquired about the
subscription-based model and cancellation fees for the program, along with service level
expectations and was advised they are appropriately documented in the contract and the Town
is comfortable with the terms. Chief Daly then stated there is a discount for hiring Flock Safety in
a 3-year contract and suggested this be considered.
Councilor Thuon asked if signage needed to or should be put up to deter crime and advertise the
use of this technology. Chief Daly advised it would be unfavorable to add signage as it would
reduce the element of surprise. Councilor Thuon asked if this is akin to Big Brother and was
advised the database is only accessed when there is cause to use it, with policies and procedures
to govern it. Councilor Thuon expressed support and then asked if the Town can use these
cameras to catch speeders. He was advised by Town Attorney Karl Hanlon that you cannot use
speed cameras by State Law.
Councilor Stanley further inquired legal requirements for signage and was advised the only
mandate is for cameras used in shared spaces on private property and that this technology does
not infringe on community privacy because it is unmonitored and only searched with specific
leads, checks and balances.
No public comment was made. Councilor Carroll presented a motion to approve the action of
launching a License Plate Reader defensive net, with a 3-year subscription. Councilor Hardy
seconded the motion. It was approved with a 6-0 unanimous vote of those present.
5.3. Avon Police Department Facial recognition approval Chief of Police Greg Daly)
Video Start Time: 00:40:40
Police Chief Greg Daly delivered a presentation on facial recognition technology. He advised its
use would conform to Senate Bill 22-113 and would be used to compare suspect images with the
images contained in databases of the DMV driver’s license pictures, Colorado Bureau of
Investigation mugshots, LUMEN booking photos. He explained the policies and procedures
applicable and added that an accountability log would be presented to Council every 2 years by
law. He explained implementation requires 3 community meetings and responding to a
questionnaire. He added the timeline is to allow for public comment for approximately 2-3
months, return to Council for approval, then wait an additional period of 3 months mandated by
law before the use of the technology. He summarized a 5-6 month launch timeline and training
will be given to Avon Police Officers and Detectives before its use.
Councilor Carroll appreciated the statutory mandate to hold 3 public meetings and inquired how
these will be advertised. Councilor Thuon asked if this too is a subscription-based model. He was
advised the only additional cost for this program is $3,000 for training officer budget. Councilor
Thuon then expressed support. Councilor Hardy asked if this can be perceived as Big Brother. She
wondered how best to convince the community that it is not intrusive. It was noted that this is
not live surveillance and only compares suspect faces to databases, and a court-approved search
warrant is needed for any live surveillance.
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Councilor Stanley asked if suspect images could also be compared to security camera feeds and
videos captured by phones, and it was explained that it would depend on the resolution of the
footage in question.
Mayor Pro Tem Underwood inquired on LUMEN and its function, and it was explained that LUMEN
is a bridge and intelligence tool used to exchange information contained in police reports from 80
fellow police agencies across the State. He added there is an option to also link to NCIS to analyze
potential matches to those with military background. She summarized the process is long and
reminded Chief Daly to hold unbiased public meetings so that the public feels they are welcome
to speak in opposition, which he agreed to. She asked that when the accountability report is
presented to Council after public meetings, it be done in person and not through written report.
Before opening comment to the public, Mayor Phillips summarized the statements of Chief Daly
and fellow Councilors.
Bianca Kozar, resident of the Sunridge Condos in Avon, took the podium and inquired why this
technology isn’t used to catch speeders. She was advised this technology can only be used to
compare the footage of private citizens with the databases listed. Chief Daly closed remarks by
clarifying any citizen may capture footage in public, but government has limitations to respect
privacy.
No additional public comment was made. Mayor Pro Tem Underwood presented a motion to
approve the issuance of a letter of intent to use facial recognition technology. Councilor Stanley
seconded the motion. It was approved with a 6-0 unanimous vote of those present.
5.4. Work Session: E-Bike Rebate Program (Marketing & Communications Manager Elizabeth Wood)
Video Start Time: 01:04:27
General Government Manager Ineke de Jong delivered a presentation on the Town’s existing E-
Bike Rebate Program. She invited Council to revisit the eligibility criteria to make the program
more accessible in 2023. After deliberations from Council, the program’s eligibility criteria was
restated to allow for: (i) any e-bike purchase between $400-$1,000, used or new, to receive a
$200 rebate; (ii) any e-bike purchase online of $400 or more to receive a $200 rebate; and, (iii)
any new bike purchase in a local business in Eagle County of $1000 or more to receive a $400
rebate.
5.5. Mountain Pact Letter of Support (General Government Manager Ineke de Jong)
Video Start Time: 01:21:15
Town Manager Eric Heil delivered a presentation related to Mountain pact on behalf of General
Government Manager Ineke de Jong. He invited Councilors to sign-on as individuals if they are so
inclined, indicating the method to do so. Mayor Phillips reminded her fellow Councilors of the
challenge to obtain unanimity in signing jointly on behalf of Avon. Without such consensus and
with Councilor Andrade’s absence, each Councilor agreed to the discretion given to sign
individually unless Councilor Andrade requests that the topic be discussed anew.
AVON REGULAR MEETING MINUTES
TUESDAY MARCH 14, 2023
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5.6. Work Session: Old Town Hall Site Landscaping Plan (Town Engineer Justin Hildreth)
Video Start Time: 01:30:45
Town Engineer Justin Hildreth delivered his presentation related to the Old Town Hall Site
Landscaping plan. After deliberations from Council, consensus was to consent to the budget while
eliminating the use of stone art bases and limiting the use of seating stones but increasing park
benches. Mayor Phillis inquired on the number of Contractors for the project and was advised it
will only be one Contractor in charge of the entire project for ease of accountability. Additional
discussion included a future review of how the Town obtains public bids, publishes requests for
proposals, and garners the attention of local contractors. Councilor Hardy noted architectural
costs included in the plan appeared high and needed additional review.
There was no public comment. Town Manager Eric Heil advised Council that sufficient
deliberations and adequate direction were given to proceed with a request for proposal and
added that the topic will be addressed again once there is a Notice of Award.
5.7. Resolution 23-03 Adopting Right of Way permit fees (Town Engineer Justin Hildreth)
Video Start Time: 01:58:53
Town Engineer Justin Hildreth delivered his presentation related to adopting right of way permit
fees. He recommended larger fees for boring and conduit installation, to cover town expenses on
placing fiber optic where and when appropriate. He explained it is a $50 flat fee.
Mayor Pro Tem indicated that she supports the adoption, although fees appear low, and she
would like liquidated damages to be added to the permits in 2024. Councilor Carroll asked how
$50 came to be and was advised it is an estimation. Mayor Phillips stated this is long overdue.
No public comment was made. Mayor Pro Tem Underwood presented a motion to approve the
Resolution. Councilor Hardy seconded the motion. It was approved with a 6-0 unanimous vote of
those present.
5.8. Notice of Award for Nottingham Puder Ditch 2023 Repair Project (Town Engineer Justin Hildreth)
Video Start Time: 02:06:30
Mayor Pro Tem opened the discussion by reading an extract of her father’s book on the history of
the Puder Ditch and interactions between Messrs. Nottingham and Puder. Project Engineer Tim
Thompson then delivered his presentation for the repair project on behalf of Town Engineer Justin
Hildreth. He then added that earlier in the day MOCON Pacific completed the Metcalf culvert
repair, on schedule and within budget. Councilor Carroll expressed some concerns on obtaining
approvals from the railroad company in time for the project. Councilor Stanley noted that most
bids came in at a similar cost and were far more costly than the engineering firm’s original
estimate. Councilor Stanley asked if the project’s repairs could wait and be postponed so they
take place in the next recession but was advised that current water loss warrants immediate
repairs. Mayor Pro Tem expressed concerns related to the quality of the materials used for the
repair and durability in cold climates and was advised there is no cause for concern, but the Town
will monitor compaction to ensure the material is carefully installed. It was added that the repair
material used is plastic, very durable, thick, and stable. Mayor Pro Tem Underwood inquired on
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ditch law and Traer Creek maintenance obligations related to 20% of the water they own that
runs through the ditch. Councilor Carroll inquired on the project’s warranties.
With Thompson, Councilor Thuon noted there are approximately 240 sections of material used in
the repair. He asked for a comparison of the cost of these materials and the value of the water
they carry. He stated that a cost analysis would help. He asked if the Town could install a water
cop on each joint to monitor leaks. Town Manager Heil explained that the volume could be
estimated with the water authority. He added this is the only diversion point for a big water
source. He then specified there is a 2-year warranty and explained that water leaks can be visually
observed and inspected. Councilor Hardy and Mayor Phillips also asked staff to obtain information
on the volume of water that passes through the ditch, which Heil stated he would obtain for next
Council meeting. Mayor Phillips reminded Council that the Town had increased the project’s
budget before its approval and inquired if the budget was established before or after the
engineer’s estimate. It was before the engineer’s estimate which she stated was inaccurate by a
factor of two. Town Engineer Justin Hildreth stepped in to explain how the CIP estimates budgets,
contingencies, and adjustments based on estimated and actual costs.
No public comment was made. Councilor Carroll presented a motion to approve the Notice of
Award. Mayor Pro Tem Underwood seconded the motion. It was approved with a 6-0 unanimous
vote of those present. After this vote, Councilor Thuon reiterated the need for a written report
with an estimation of volume and value of water carried in this ditch, which Heil stated would be
included in the next Council packet.
5.9. Resolution 23-04 Optional Premise License Manager Designation (CASE Manager Danita
Dempsey)
Video Start Time: 02:44:28
Town Attorney Karl Hanlon and Town Manager Eric Heil delivered a presentation on the roles of
liquor licensing from Council, the Liquor Licensing Authority, and the Town Clerk. They were
advised that Council may assign an Optional Premise License Manager. CASE Manager Danita
Dempsey then delivered her presentation and explained the resolution seeks to remove the name
of the employee who was designated prior and restates that it is the position holder who is
designated and not a specific individual.
No deliberations took place, and no public comment was made. Councilor Thuon presented a
motion to approve the Resolution. Councilor Stanley seconded the motion. It was approved with
a 6-0 unanimous vote of those present.
6. MINUTES
Approval of February 28, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
Video Start Time: 02:49:30 pm
With no discussion or correction, Councilor Thuon moved to approve the Minutes from February
28, 2023, as presented. Councilor Stanley seconded the motion. They were approved with a 6-0
unanimous vote of those present.
AVON REGULAR MEETING MINUTES
TUESDAY MARCH 14, 2023
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7. WRITTEN REPORTS
7.1. Upper Eagle Regional Water Authority January 26, 2023 Meeting Summary (Mayor Pro Tem Tamra
Underwood)
7.2. Draft February 16 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea Van
Winkle)
7.3. Planning & Zoning Commission March 7 Abstract (Planner 1+ Max Morgan)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:50:00
Councilor Hardy celebrated the hiring of former Mayor Sarah Smith Hymes and said she was an
incredible advocate for the Town of Avon at the CAC meeting.
Councilor Thuon stated that the construction project on Metcalf was well executed by MOCON
Pacific who should be trained in resurfacing, so they can do everything. He celebrated that they
were in and out quickly and didn’t slow down traffic, were safe and conscientious and he asked
they get used more often since they get the job done.
Mayor Pro Tem Underwood stated that on March 12, she attended the Town Hall event at Avon
Public Library where she met with Representatives Dylan Roberts and Meghan Lukens. She noted
it was a well-attended town hall in Town and it was great. Councilor Carroll asked her what she
gleaned from the meeting. She detailed that Roberts expressed clarity on upper basin vs lower
basin issues with respect to the Colorado River and acknowledged Avon’s leadership in the water
coalition.
Councilor Stanley thanked Avon PD for Shop with a Cop and noted Officer Colleen Gaspard and
Patty Henninger had a room filled with gifts which made her proud of the PD. Councilors again
applauded this effort.
Mayor Phillips stated she has observed City Market place alcohol in what she believes may be the
wrong locations in the store, in violation of their designated premises plan. She added she doesn’t
have issue with the locations but asked Town Attorney Karl Hanlon and Town Clerk Miguel Jauregui
Casanueva to investigate the potential violation. She then stated that Walmart is again giving out
paper bags without paying their fee. It was noted that this is the last of their stock and it should
self-resolve. Councilor Thuon added that one day marijuana will be sold next to wine. Mayor
Phillips then stated that local liquor stores are great supporters of Shop With a Cop and thanked
them, and expressed the need to be conscientious of small business given new wine sales at
Walmart and City Market which are impacting them.
9. ADJOURN
There being no further business before Council, Mayor Phillips moved to adjourn the regular
meeting. The time was 08:08 p.m.
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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:
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Amy Phillips ___________________________________
Tamra Underwood
Chico Thuon
Scott Prince
Lindsay Hardy
Ruth Stanley
Rich Carroll
Absent:
RJ Andrade
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT FOR TOWN COUNCIL
TUESDAY, MARCH 21, 2023
100 MIKAELA WAY – AVON COUNCIL CHAMBERS
1. CALL TO ORDER AND ROLL CALL
ACTION: THE MEETING WAS CALLED TO ORDER BY CHAIRPERSON NUSBAUM AT 5:04PM. A ROLLCALL WAS TAKEN, AND
PLANNING COMMISSIONERS PRESENT WERE MARTY GOLEMBIEWSKI, BILL GLANER, STEVE NUSBAUM, DONNA LANG,
ANTHONY SEKINGER, THOMAS SCHAEFER, AND KEVIN HYATT, . ALSO PRESENT WERE TOWN MANAGER ERIC HEIL,
DEVELOPMENT COORDINATOR EMILY BLOCK, PLANNING DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER JENA
SKINNER, AICP, AND PLANNER 1+ MAX MORGAN.
2. APPROVAL OF AGENDA
ACTION: THE AGENDA WAS APPROVED WITH A UNANIMOUS VOTE.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
ACTION: THERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION DISCLOSED.
4. WORK SESSION WITH MEMBERS OF AVON TOWN COUNCIL– LA ZONA DESIGN CONCEPTS (PLANNING DIRECTOR
MATT PIELSTICKER AND RECREATION DIRECTOR MICHAEL LABAGH)
TOWN COUNCILORS PRESENT WERE MAYOR AMY PHILLIPS, COUNCILORS LINDSAY HARDY, RUTHIE STANLEY, CHICO
THUON, RICH CARROLL, AND RUSSELL ANDRADE.
ACTION: NO ACTION. NEXT MEETING SCHEDULED FOR APRIL 4.
5. CONSENT AGENDA
5.1. MARCH 7, 2023 PLANNING AND ZONING COMMISSION MEETING MINUTES
5.2. RECORD OF DECISION | MINOR DEVELOPMENT FILE #AEC23001/MNR23005 – 5177 LONGSUN LN
ACTION: COMMISSIONER GOLEMBIEWSKI MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS
SECONDED BY COMMISSIONER SHAEFER. ALL WERE IN FAVOR AND THE MOTION PASSED UNANIMOUSLY.
6. WRITTEN REPORTS
6.1. AQUATICS EVALUATION (RECREATION DIRECTOR MICHAEL LABAGH)
6.2. HOT TUB UPDATE (RECREATION DIRECTOR MICHAEL LABAGH)
7. FUTURE MEETINGS
7.1. APRIL 4, 2023
7.2. APRIL 18, 2023
8. ADJOURN
THE MEETING WAS ADJOURNED AT APPROXIMATELY 7:45 PM.
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,
Matt Pielsticker
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – January 2023 & February 2023 data DATE: March 22nd, 2023
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for January 2023 and the recreation fees and real estate transfer tax revenues for February 2023.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for January and February revenues in 2023. 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 – January 2023: January sales tax revenues totaled $1,286,822. This is an increase of $115,609 or 9.87% compared to January 2022 sales tax revenue of $1,171,213.
JANUARY 2022 v JANUARY 2023 SALES TAX COMPARISON BY INDUSTRY
January 2022 January 2023 Increase/Decrease
Home/Garden $85,024.38 $67,128.18 ($17,896.20)
Grocery/Specialty/Health $221,906.52 $225,825.12 $3,918.60
Sporting Goods Retail/Rental $157,603.40 $157,750.02 $146.62
Miscellaneous Retail $36,331.12 $36,463.30 $132.18
Accommodations $322,267.03 $328,459.73 $6,192.70
Restaurants/Bars $197,531.23 $236,711.49 $39,180.26
Other $10,756.31 $13,845.50 $3,089.19
Service Related $18,868.31 $24,691.23 $5,822.92
Liquor Stores $39,380.92 $41,068.20 $1,687.28
E-Commerce Retail $44,728.67 $82,459.70 $37,731.03
Manufacturing/Wholesale $6,596.84 $20,887.51 $14,290.67
Construction Related Services $20,864.23 $43,655.71 $22,791.48
Digital Media Suppliers/Sellers $6,477.34 $6,333.38 ($143.96)
Commercial/Industrial Equipment $1,528.56 $1,156.79 ($371.77)
Special Events $1,348.79 $386.96 ($961.83)
TOTAL $1,171,213.65 $1,286,822.82 $115,609.17
Sales Tax: January 2023 Budget v Actual Collections: January 2023 sales tax revenues totaled $1,286,822. This is an increase of $173,306 over the January 2023 estimates of $1,113,516. This is 15.56% above the adopted 2023 budget (based on a 3-year average).
Page 2 of 9
JANUARY 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2023 Budget 2023 Actual Dollar Variance Percentage Variance
January $1,113,516.07 $1,286,82.82 $173,306.75 15.56%
819,179.33 841,459.85 920,624.77 1,171,213.65 $1,286,822.82
2.72%9.41%
27.22%
9.87%
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
$1,500,000
2019 2020 2021 2022 2023
2019-2023 January Sales Tax Revenue Trend
Page 3 of 9
Accommodation Tax: Revenues – January 2023: Accommodation tax revenues totaled $348,396 for the month of January. This is a increase of $26,119 or 8.10% compared to January 2022 accommodation tax revenues, which totaled $322,277. Accommodation tax collections by industry type for January 2023 compared to January 2022 reported a decrease for Vacation Rentals while both Hotel and Time Share were up.
JANUARY 2022 v JANUARY 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY
January 2022 January 2023 Increase/(Decrease)
Timeshares $45,631.86 $46,890.89 $1,259.03
Hotels $112,654.02 $144,902.21 $32,248.19
Vacation Rentals $163,991.22 $156,603.27 ($7,387.95)
TOTAL $322,277.10 $348,396.37 $26,119.27
January 2023 Budget v Actual Collections: January 2023 accommodation tax revenues totaled $348,396. This is an increase of $53,366 over the January 2023 estimates of $295,030. This is 18.09% over the adopted 2023 budget (based on a 3-year average).
JANUARY 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2023 Budget 2023 Actual Dollar Variance Percentage Variance
January $295,030.07 $348,396.37 $53,366.30 18.09%
197,879 188,669 143,214 322,277 348,396
-4.65%
-24.09%
125.03%8.10%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2019 2020 2021 2022 2023
2019-2023 January Accommodation Tax
Revenue Trend
Page 4 of 9
Short Term Rental Tax: Revenues – January 2023: STR Tax for Community Housing totaled $159,756 for the month of January. This is an increase of $11,474 or 7.74% compared to January 2022. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential.
JANUARY 2022 v JANUARY 2023 STR TAX FOR CH COMPARISON BY INDUSTRY
January 2022 January 2023 Increase/(Decrease)
Timeshares $22,815.94 $23,445.45 $629.51
Hotels $47,207.45 $60,995.60 $13,788.15
Vacation Rentals $78,258.87 $75,315.62 ($2,943.25)
TOTAL $148,282.26 $159,756.67 $11,474.41
Tobacco & Cigarette Tax: Revenues – January 2023: Tobacco tax revenues totaled $33,191 and cigarette tax revenues totaled $20,221 for January 2023. Compared to January 2022 revenues, this is an increase of $2,093 for tobacco tax revenues, which totaled $31,098 and an increase of $2,182 for cigarette tax revenues, which totaled $18,039.
5,487 12,926 31,289 31,099 33,192
135.58%
142.05%
-0.61%
6.73%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2019 2020 2021 2022 2023
2019-2022 January Tobacco Tax Revenue Trend
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January 2022 Adopted Budget v Actual Collections: January 2023 tobacco and cigarette tax revenues totaled $33,191 and $20,221, respectively. This is an increase of $4,475, over the January 2023 budget for tobacco tax, which is $28,716 and an increase of $2,344 over the January 2023 budget for cigarette tax estimates, which is $17,876 which is based on a 3-year average.
JANUARY 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage
Variance
Tobacco $28,716.84 $33,191.89 $4,475.05 15.58%
Cigarettes $17,876.56 $20,221.50 $2,344.94 13.12%
Total $6,819.99
6,650 17,253 20,706 18,039 20,222
159.44%
20.01%
-12.88%
12.10%
-
5,000
10,000
15,000
20,000
25,000
2019 2020 2021 2022 2023
2019-2023 January Cigarette Excise Tax Revenue
Trend
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Real Estate Transfer Tax: Revenues – February 2023: February 2023 real estate transfer tax totaled $496,871. Compared to February 2022, which totaled $887,387.18, this is a decrease of $390,515. This is a decrease of $78,621 over the February 2023 budget which was based on a 3-year average.
FEBRUARY 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2023 Budget 2023 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $575,492.66 $496,871.38 ($78,621.28) (13.66%)
$298,730 $388,026 $362,428 $887,387 $496,871
29.89%
-6.60%
144.84%
-44.01%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
2019 2020 2021 2022 2023
Real Estate Transfer Tax February Revenue
Trends
Page 7 of 9
Recreation Center Fees: Revenues – February 2023 Admissions & Program Fees: Recreation admission revenues for February 2023 totaled $96,974 an increase of $21,800 compared to February 2022 which totaled $75,174. This is $14,599 above the adopted 2023 budget estimates of $82,375. Recreation program fee revenues for February 2023 totaled $25,357. This is an increase of $8,714 compared to 2022, which totaled $16,642. This is $27 under the adopted 2023 budget estimates, which is $25,385 which is calculated based on a 3-year average.
$23,198 $25,526 $18,774 $21,387 $25,357
10.04%
-26.45%
13.92%
18.56%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2019 2020 2021 2022 2023
Recreation Program Fees February Revenue
Trends
64,868 70,588 29,929 75,174 96,975
8.82%
-57.60%
151.18%
29.00%
-
20,000
40,000
60,000
80,000
100,000
120,000
2019 2020 2021 2022 2023
Recreation Admissions February Revenue Trends
Page 8 of 9
Tax Revenue Comparison – 2022 v 2023: All revenues except for RETT are reporting an increase for 2023 compared to 2022. Below is a table which reflects the dollar change and percentage variance.
Adopted Budget 2023 v Actual 2023: All revenues reflect a positive variance over the 2023 budget. Below is a table which reflects the dollar change and percentage variance.
2022 v 2023 Year-to-Date Revenue Comparison
2022 YTD 2023 YTD Dollar Variance Percentage
Variance
Sales Tax $1,109,067.78 $1,286,822.82 $115,609.17 9.87%
Acc. Tax $322,277.10 $348,396.37 $26,119.27 8.10%
STR Tax for CH $148,282.26 $159,756.67 $11,74.41 7.74%
Tobacco Tax $31,098.66 $33,191.89 $2,093.23 6.08%
Cigarette Tax $18,039.00 $20,221.50 $2,182.50 12.10%
RETT $1,040,399.18 $805,872.50 ($234,526.68) (22.54%)
Rec Admissions $151,771.02 $200,305.75 $48,534.73 31.98%
Rec Program Fees $37,450.66 $61,660.43 $24,209.77 64.64%
2023 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $1,113,516.07 $1,286,822.82 $173,306.75 15.56%
Acc. Tax $295,030.07 $348,396.37 $53,366.30 18.09%
STR Tax for CH $136,043.74 $159,756.67 $23,712.93 17.43%
Tobacco Tax $28,716.84 $33,191.89 $4,475.05 15.58%
Cigarette Tax $17,876.56 $20,221.50 $2,344.94 13.12%
RETT $799,954.98 $805,872.50 $5,917.52 0.74%
Rec Admissions $168,697.47 $200,305.75 $31,608.28 18.74%
Rec Program Fees $53,994.75 $61,660.43 $7,665.68 14.20%
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EXPENDITURES: FEBRUARY 2023 General Fund YTD Actuals v 2023 Budget: General Fund expenditures through February 2023 total $3,651,966.75 which is 15.18% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2023 Budget: Mobility Fund expenditures through February 2023 total $320,662.85 which is 8.57% of the total adopted budget. These expenditures include cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2023 Budget: Fleet Maintenance expenditures through February 2023 total $209,946.21 which is 7.05% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2023 Budget: The Capital Improvement expenditures through February 2023 total $36,232.45 which is 0.20% of the total adopted budget. These expenditures were made up of primary design fees for the month.
Thank you,
Dean
970.748.4021 pmckenny@avon.org
TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny, Deputy Town Manager RE: Community Water Plan Grant Awarded March 16, 2023 to Town of Avon for Benchmark Reservoir Conservation Project (Irrigation improvements and demonstration gardens) DATE: March 21, 2023
SUMMARY: The Town Manager’s Office was notified on March 16 that the Colorado Water Conservation Board approved the Town of Avon’s application for funding for the Benchmark Reservoir Conservation Project (irrigation improvements and demonstration gardens). Town staff will determine next steps for the design component of the project which addresses the irrigation improvements and the demonstration gardens. Town of Avon has committed $20,000 as a match for the project and the CWCB funding award is $60,000. The project funding is part of the 2023 CIP Budget; the line item includes $75,000 for the Harry A. Nottingham Park Irrigation Replacement (Design) Project. The report is informational only and no action is required.
BACKGROUND: The application submitted to the Colorado Water Conservation Board is summarized below:
The Town of Avon seeks $60,000 of grant funding from the Colorado Water Plan Grants Program offered by the Colorado Water Conservation Board to help fund the design phase of Avon’s Benchmark Reservoir Conservation Project. The Town submits that the project addresses the objectives outlined in the Conservation & Land Use Planning category. The Town would support the design phase of the project with a funding contribution (local match) of $20,000.
The total funding of $80,000 would support the design of a new irrigation system for Harry A. Nottingham Park and surrounding streetscape that would replace an irrigation system that is over 40 years old, has been expanded beyond its capabilities, and exceeded its useful life and as a result has an annual consumptive water loss nearing 5 million gallons. In addition, the project includes funding for the design of new “demonstration gardens” for future installations in the park. The gardens would provide an educational component about the Colorado River Basin and demonstrate compliance with landscape regulations and planted materials that would comply with the town’s water conservation efforts. The Town has recently launched a review of its Municipal Code section for landscaping standards to address land use and water management from a wholistic approach. There will be an assessment of the town’s water rights, irrigation practices, turf evaluation, and overall water usage completed next year. The update to the town’s irrigation system will help to save 5 million gallons of water each year in the Colorado River Basin and speaks directly to the objective implementing long-term strategies for conservation, land use, water efficiency, and drought planning.
Thank you, Patty
HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 21, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM
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1. ROLL CALL Present- Committee Members: Committee Chair Kevin Hyatt, Committee Vice Chair Pat Nolan and Committee Members, Kathy Ryan, Pam Warren, Nancy Tashman (virtual), Lisa Post (virtual) Staff: Recreation Director Michael Labagh, Aquatics Superintendent Kacy Carmichael, and Recreation Services Superintendent Jerrica Miller, Recreation Services Supervisor Mike Atencio Town Council: Councilor RJ Andrade Committee Chair Kevin Hyatt opened the meeting at 10:01 a.m. 2. APPROVAL OF THE AGENDA Committee Member Pam Warren motioned to approve the agenda; Committee Vice Chair Pat Nolan seconded the motion to approve the agenda. Committee Chair Kevin Hyatt declared the agenda approved.
3. APPROVAL OF THE JANUARY 2023 MEETING MINUTES Committee Member Kathy Ryan made a motion to approve the minutes from the January 17, 2023 meeting and Committee Member Pam Warren seconded the motion. Committee Chair Kevin Hyatt declared the minutes approved.
4. PUBLIC COMMENT No public comments were made.
5. BUSINESS ITEMS 5.1 Committee Update
Recreation Direction Michael Labagh asked the committee if the meeting schedule is agreeable to committee members. He then presented statistics showing monthly and average daily visits as well as the resulting revenues. Michael Labagh presented statistics to follow up the Ice Skating season. Ice skating was open January 3-March 2, 2023 based on weather. 52 days of operation, use of online waiver was successful.
The Committee commented/inquired: A. Committee Member Kathy Ryan inquired if the July meeting would work for Recreation Staff as part of the busy season? Recreation Director Michael Labagh confirmed the July date will work for Recreation Staff. B. Committee Member Pam Warren inquired when is the ice skating rink the busiest? Recreation Services Superintendent Jerrica Miller replied saying 5:30-8:00 p.m. is a busier time of day, but weekends are the most busy, large groups came to use the ice as well. After school hours and late afternoon/evening on weekends are generally when the ice use was in demand. C. Committee Member Kathy Ryan inquired if the ice rink could be open during Christmas? Recreation Director Michael Labagh stated, yes that is the goal, but the ice was not cleared of snow or flooded yet by Christmas. The goal is to open as early as possible and keep it open as late as possible. Staff hustled to get ice rink use started, and ice maintenance is provided by Public Works. For the ‘23-24 season the Recreation Department will
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have an improved staffing plan including cabin attendants specific to that job responsibility rather than sharing staff with guest services at the Recreation Center. Hours may be adjusted for next year as well. Recreation Director Michael Labagh is working with Public Works staff to see what additional equipment they need for improved operations. This season there were complaints about rink lights by Nottingham Lake residents. Lights with timers had some malfunctions and remained on in the evening. Lights are needed to be on for maintenance as well, after skate hours. Town of Avon has a Dark Sky Ordinance, and next year Staff will entertain outfitting the rink with different lighting options. For next year the goal is to increase programs such as Tea Kettle Curling, but ice conditions and weather can be unpredictable. Hockey programs could be engaged as well.
The Committee commented/inquired: A. Committee Member Kathy Ryan commented that the Hockey tournament in the past was exciting.
B. Committee Member Nancy Tashman commented that her daughter is involved with hockey and would enjoy use of Nottingham Lake ice skating.
5.2 Recreation Department Update
Recreation Director Michael Labagh provided an overview of the May maintenance closure projects including the steam room and sauna remodel, pool deep cleaning, and a refresh of cardio equipment. Michael Labagh then presented an update on summer programs including the introduction of pickleball programming. No more than 3 courts can be rented or programmed at a time. There will be family fun runs, summer camps, and Nottingham Lake swim programs as well as recreational swim meets.
The Committee commented/inquired:
C. Committee Member Kathy Ryan inquired if the cardio equipment is purchased or leased?
Recreation Director Michael Labagh replied stating that the cardio equipment is purchased, a common practice for municipalities. He then provided an explanation of replacement cycles for equipment over $5,000 on the Town’s Capital Equipment Replacement Fund (CERF).
D. Committee Member Pam Warren asked about the maintenance contract and what that includes.
Recreation Director Michael Labagh replied stating there is a two-year warranty on all equipment and there is no maintenance plan included for the 6 months of operation in 2023. In January 2024 the Recreation Department will purchase a twice a year preventative maintenance package for the first year, then for the second year move into a more frequent preventative maintenance plan such as 4x a year.
E. Committee Member Pam Warren inquired that when things break, how accessible are the parts and staff availability to fix equipment? How high is confidence in new vendor?
Recreation Services Supervisor Mike Atencio replied that the Recreation Department conducted extensive research when considering a fitness vendor for cardio equipment. Technogym has a good reputation and is used locally by a gym in Edwards and the Westin hotel. Recreation Director Labagh commented that Staff are looking to employ better practices obtaining spare parts and services on a proactive basis.
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F. Committee Vice Chair Pat Nolan inquired if pickleball is available via drop in or do people need a reservation? Do people need to call the rec center first?
Recreation Director Michael Labagh replied that free, drop in play will be available between 9:00 a.m.-12:00p.m. daily at the outdoor courts. Individual reservations are not required and are not currently available.
5.3 La Zona Planning Project Update
Recreation Director Michael Labagh reminded the Committee of the Planning and Zoning Commission & Town Council Review for the La Zona project tonight which will include survey results. Between Option 6 (pool) and 7 (gymnasium), 60% chose option 7 to build a gymnasium. Most people support finishing Mikaela Way connection to the park at Lake Street. The Fire Station replacement options are between building a skate park, a community events/art building, temporary open space or additional parking. The meeting is at 5:00 p.m. in person and on Zoom. The next steps are to get consensus and direction to further the design process. Michael Labagh thanked Councilor RJ Andrade for his contributions at the Town Council level.
The Committee commented/inquired:
A. Committee Member Nancy Tashman said thanks for getting the gym option on the list, and inquired about cost estimates for a gym compared to a pool?
Recreation Director Michael Labagh replied $15-17 million for a gymnasium, and a pool is $20-23 million, estimated based on past projects at other sites by the design team. Options 1-5 total $20 million all together.
B. Committee Member Kathy Ryan inquired if $20 million for Options 1-5 includes equipment or just the building?
Recreation Director Michael Labagh replied the estimate is just for the building.
C. Committee Member Pam Warren commented that the usage of the gymnasium would serve the broadest needs of the community and she feels the community support would be high. However, the pool option has a strong argument as well to serve the community. The piece that will be a challenge is the funding. The other piece is by expanding and losing parking, we will need more parking to host more people in this additional recreation space.
D. Committee Member Warren inquired to Councilor RJ Andrade, housing and parking are important to the town. How will the Council be strategic to make sure these things are considered?
Councilor RJ Andrade replied stating that plans always look good on paper, and we do have numerous parking plans, the key is to tie everything together. The pool would provide positive ROI, while the gym would be appreciated by the community. We currently cannot provide either of them, so we are looking to make a plan for how to make either option happen. We’ve discussed housing on top of expansion, and we’ve been thinking about this for years. Councilor RJ Andrade is encouraging Council to look at this as a whole plan not little pieces. Recreation Director Michael Labagh added that right now we are trying to confirm what the community wants.
E. Committee Member Kathy Ryan commented she donates a lot of money to Avon public education, and $20 million is a scary proposal when on a fixed income. She would not support a bond.
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Councilor RJ Andrade stated that it’s easy for someone who doesn't use the gym to say no to funding. Committee Chair Kevin Hyatt stated that people who don’t care about the recreation center also want other things funded that don’t affect people who use the recreation center, that is what it means to be a community.
F. Committee Member Nancy Tashman inquired about how many spaces would be included in parking plans?
Recreation Director Michael Labagh replied that a feasibility study from Walker Parking Consultants provided estimations for a sub-grade above ground parking structure in the east lot would be about $15-20 million, and more parking is needed now. Within the preliminary fit test, the total number of spaces would be around 300, a net gain of 156-170 spaces if we expand to the north or west.
G. Committee Member Nancy Tashman asked if that would be sufficient?
Recreation Director Michael Labagh replied that on paper, yes, we would exceed the minimum requirement of parking code, but it’s hard to tell.
H. Committee Member Kathy Ryan inquired if parking would be complimentary?
Recreation Director Michael Labagh stated that is up for discussion, but likely to remain free for a few hours each visit.
Councilor RJ Andrade added that alternative parking plans are being discussed by Council, they are looking at all the options.
I. Committee Member Pam Warren commented that in her experience in resort communities, people pay to park. We need to build in the pay-to-park plan, with 2 hours of free parking.
Councilor RJ Andrade replied stating Vail Resorts should provide their own parking, and when they stopped using the Rodeo lot 2 years ago, that put more cars into public parking spaces in Town.
J. Committee Member Pam Warren commented saying Vail Resorts should build a parking garage at the bottom of Beaver Creek and put housing on top!
Councilor RJ Andrade replied saying they don’t have any requirement to provide that and we cannot force them.
K. Committee Member Pam Warren commented saying she knows there must be a special interest group pushing for a skate park, and it looks like an easy win. She would suggest being careful about proceeding in that location, and there would be better places to put a skate park. It would not serve the broad range of people a pool or gym would serve, just men ages 10-24. She is worried it’s an easy solution and could create a situation that we can’t undo. It would not serve the town’s best interest and it’s a lunar landscape, so it can’t be undone.
Recreation Director Michael Labagh confirmed that the Avon Skate Coalition has received a planning grant, they are analyzing several locations in the Town, not just the former fire station site, and he appreciates the feedback.
5.4 Harry A. Nottingham Park Policy Work Session
5.4.1 Off-Leash Dog Area
Recreation Director Michael Labagh set forth goals of understanding the current concerns, rules and regulations, obtain more info as needed, and provide a recommendation to the Town Council as a committee. All dogs required to be on
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leash in public parks, and he explained where dogs are allowed off leash under voice control and a leash available. Recreation Director Michael Labagh provided an overview of the signage currently in use and proposed signage that would be larger, twice as many installed and more noticeable. He then presented some of the challenges with the off-leash dog area including complaints to Avon PD, confusion from signage, safety concerns and enforcement concerns. Michael provided three suggested options to improve the off-leash area.
The Committee commented/inquired:
A. Committee Member Kathy Ryan inquired about the extent of the off-leash area that was different three years ago.
Recreation Director Michael Labagh replied saying he could not find documentation about that area being extended but does recall it being mentioned. He will conduct more research.
B. Committee Member Kathy Ryan commented that there is conflict of interest between dog excrement on the sand and beach users. It doesn’t sound healthy to have shared use of the beach.
Councilor RJ Andrade stated rules are irrelevant without enforcement, so enforcement plan is important, but in three years, enforcement has not happened successfully.
C. Committee Vice Chair Pat Nolan commented that when she had dogs, they don’t read signs, so they go where they want without a fence and it’s hard to limit their movement.
Councilor RJ Andrade explained that voice control means different things to different people and not everyone likes dogs. The concept for Nottingham’s off leash area and hours is great, but it doesn’t work, it’s not functional.
D. Committee Member Pam Nolan commented she would prefer dogs stay on leash in Nottingham Park for safety and cleanliness. A fenced in area could work, but without that the public is put at a disservice because of the off-leash area.
E. Committee Member Kathy Ryan commented there is an early morning social group that uses the off-leash area to let their dogs play with each other.
Councilor RJ Andrade replied that’s why we need a whole dog park, not half a dog park.
F. Committee Member Nancy Tashman commented she doesn’t have a dog, and inquired where the closest dog park is?
Recreation Director Michael Labagh replied there is a fenced in dog park in Wildridge below the O’Neal Spur Pocket Park.
G. Councilor RJ Andrade commented that it would be best to remove the off-leash area entirely for summer (April-Oct), this would be easier than getting code enforcement officers.
H. Committee Member Kathy Ryan commented that the dogs will be sad and inquired if the Town owns the field near Avon Elementary School, could a dog park go in that field?
Recreation Director Michael Labagh reminded the Committee that would interfere with special events and sports use of the lower field.
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I. Committee Chair Kevin Hyatt stated that kids would be playing soccer in dog excrement if that field was designated for dogs.
Councilor RJ Andrade stated the outdoor fitness area could be converted into a fenced in dog park.
J. Committee Chair Kevin Hyatt commented that we should make a plan and not just shut down the off leash area without warning to the public.
Recreation Director Michael Labagh reminded the Committee that this is why we could try improving signage first.
K. Committee Member Pam Warren commented that a summer seasonal closure could be better than total removal. Out east it’s common that you can take a dog on the beach in the winter, but not the summer.
L. Committee Member Nancy Tashman commented that the limited off leash hours is strange, and she likes the idea of seasonal closure or creating a fenced in area.
M. Committee Member Kathy Ryan commented that off leash is important, and people don’t read signs. If you are going to make new signs, make the time the largest print at the top. In summer, June, July and August are the concern, not the shoulder months.
N. Councilor RJ commented again that enforcement is the important part and signs alone are not the answer.
O. Committee Chair Kevin Hyatt commented that there must be repercussions for people to follow the rules.
P. Committee Member Lisa Post commented she likes the idea of signage and a roped off area or spray painted grass to designate the area.
Recreation Director Michael Labagh opened the discussion for public comment for the one attendee who joined virtually. No public comments were made.
Recreation Director Michael Labagh shared an idea for the new signage that at 9:00 a.m. the sign could be flipped that says “off-leash dog area closed.” Recreation Director Michael Labagh summarized that committee members are generally in favor of removing the off-leash dog area permanently or on a seasonal basis but are also sensitive to engaging the community for their input before making any changes. For Summer 2023, Staff will improve signage within the area, work with Avon Police Department regarding enforcement and provide an update to the Town Council.
5.4.2 Dismount/Slow Zone Designation
Recreation Director Michael Labagh provided an overview of the current policy about electric bikes and motorized vehicles in the park. The bike path is currently 8 ft wide, an idea is to widen the path or designate a slow or dismount zone to promote slower speeds even though difficult to enforce. There have been no formal complaints to Avon Police Department regarding bike use, but safety concerns have been recognized by Staff. Recreation Director Michael Labagh opened the floor up for discussion.
The Committee commented/inquired:
Q. Committee Member Kathy Ryan commented she feels strongly that the issues are not just from e-bikes, but all wheeled vehicles. A dismount zone is the answer she would like to see, folks on bikes or wheeled devices can go around the south side of the lake.
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R. Committee Vice Chair Pat Nolan commented that there are seniors using wheeled devices to access the area, including wheelchairs.
Councilor RJ Andrade stated that all plans have to be ADA compliant and a wheeled scooter that is used for mobility would be exempted from this policy. After discussing with Chief Daly, widening the path would increase speeds, so it has to be dismount zone or not, even if just for Summer.
S. Committee Chair Kevin Hyatt commented that he likes the idea of a dismount zone on the north side of Nottingham Lake.
T. Committee Member Lisa Post commented a dismount zone sounds like a good plan to prevent children and people from getting hurt.
U. Committee Member Nancy Tashman commented that she likes the idea of a dismount zone, people come up quick behind her.
V. Committee Member Pam Warren commented she is in agreement with a dismount zone.
Recreation Director Michael Labagh summarized the discussion to say that staff will work on signage and bring this idea of a dismount zone on the north park path in Harry A. Nottingham Park to the Avon Town Council.
6. Other Business and Committee Members
A. Committee Member Kathy Ryan commented that more bathrooms are needed down by the lake on the west end. (RJ – they are on the way, Michael – adding more portable toilets to that section) Kathy also recommended a changing area by the west side of the beach for folks to change in and out of swim suits.
Recreation Director Labagh thanked committee members for their time and valuable feedback. 7. ADJOURNMENT Committee Member Pam Warren motioned to adjourn, and Committee Member Kathy Ryan seconded the motion.
Committee Chair Kevin Hyatt declared the meeting adjourned at 11:35 a.m.
Respectfully Submitted by
Kacy Carmichael
Aquatics Superintendent