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TC Packet 04-25-2023_______________________________________________________________________________ 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, April 25, 2023 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom OPTIONAL SITE TOUR OLD TOWN HALL SITE & PARKS GARAGE - 4:00 – 4:45 PM MEET AT THE OLD TOWN HALL SITE AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1.CALL TO ORDER AND ROLL CALL 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 THEFOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be givenone (1) additional minute subject to Council approval. 5.BUSINESS ITEMS 5.1. Discussion about Potential Display of Ukrainian Flag (Town Attorney Karl Hanlon)5.2. Joint meeting with Culture, Arts & Special Events Committee:5.2.1. Presentation: Live Music/Venue trends in Secondary Markets (Dave Dressman, Vail Valley Foundation) 5.2.2. Presentation: Music Data, Dynamics and Development (Mike O’Brien, Peak Performances) 5.2.3. Work Session: 10-Year Vision for Culture, Arts & Special Events (CASE Manager Danita Dempsey) 5.3. Public Hearing: Resolution 23-06 First 2023 Budget Amendment (Town Manager Eric Heil and Finance Director Scott Wright) 5.4. Public Comment Hearing regarding the Avon Police Departments request to use Facial Recognition Services in accordance with Colorado Revised Statutes (C.R.S.) 24-18-302 (Chief of Police Greg Daly) 5.5. Public Hearing: Second Reading Ordinance 23-03 Building Code Amendments (Building Official Derek Place) 5.6. Work Session: Skate Plaza location (Town Manager Eric Heil) 5.7. Work Session: Downtown Development Authority (Town Manager Eric Heil) 5.8. Work Session: Parking Management (Mobility Manager James Shoun) 5.9. Work Session: Fleet conversion to Electric & Hybrid Vehicles (Fleet Manager Craig Wilmers) 5.10. Work Session: Housing Guidelines (Senior Planner Jena Skinner) 6.MINUTES 6.1. Approval of April 11, 2023 Regular Council Meeting Minutes (Town Clerk Miguel JaureguiCasanueva) 7.WRITTEN REPORTS 7.1. Planning & Zoning Commission April 18 Abstract (Planner 1+ Max Morgan) 7.2. Monthly Financials (Senior Accountant Dean Stockdale)7.3. Fourth Quarter Amended RETT Report (Accountant I Carly Fackler) _______________________________________________________________________________ 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. 7.4. First Quarterly RETT Report (Accountant I Carly Fackler) 7.5. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin) 7.6. Debris Flow Mitigation Update (Public Works Director Eva Wilson) 7.7. Shift Bike Program Update (Mobility Manager James Shoun) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. 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. 970-748-4013 idejong@avon.org TO: Honorable Mayor Phillips and Council members FROM: Karl Hanlon, Town Attorney & Ineke de Jong, General Government Manager RE: Discussion about Potential Display of Ukrainian Flag DATE: April 18, 2023 SUMMARY: Town Council may provide direction to staff to display a flag on Avon’s flagpoles other than the United States flag, Colorado flag, and Avon flag. Direction to display the Ukrainian Flag could be provided at tonight’s Council meeting. BACKGROUND: Councilors Thuon and Stanley were made aware that we have 2 more Ukrainian amputees coming to Avon around April 25th. Town Council has the authority to direct that the Ukrainian Flag be displayed. The Town of Avon, exercising the Town’s right to engage in governmental speech, sometimes displays flags and messages on Town owned property, including but not limited to flag poles and digital messaging signs. Along with the various messages displayed on the digital sign at the direction of Town Council both the Pride Flag and the Ukrainian Flag have been displayed in the last three years. These actions were taken only after Council direction was provided at a public Council meeting. The Town of Avon has not and does not accept applications from third parties to display flags on the Town’s flag poles. The Town’s flagpoles are not considered to be a “public forum” under constitutional law. The interpretation of constitutional law which protects governmental speech and recognizes that is distinct from the general public’s right of free speech in public forums was recently reaffirmed by the United States Supreme Court in the Shurtleff v. City of Boston case. No Council action is required, however if Council does wish to take an action it should be in the form of a motion, second and vote. Thank you, Karl & Ineke 02 The Gerald R. Ford Amphitheater, also known as The Amp, is a cultural & entertainment centerpiece of the Vail Valley that serves as the home to Hot Summer Nights Free Concert Series, Bravo! Vail Music Festival, the Vail Dance Festival and The Amp Summer Concert Series, among other events. 619.764.0940 ddressman@vvf.org Dave Dressman Vail Valley Foundation ABOUT: Gerald R. Ford Amphitheater A spectacular outdoor venue that seats 1,265 guests in covered pavilion seating and an additional 1,300+ guests on its expansive green, grassy hillside with a breathtaking view of the Rocky Mountains. Annual Events •4th of July Patriotic concert •Amp Summer Concert Series, in partnership with AEG Presents •Bravo! Vail •Mountains of Music (during GoPro Mountain Games event) •Hot Summer Nights free concert series •Vail Dance Festival •3rd party rentals, graduations, memorials, and community events/gatherings At A Glance •106,000+ patrons annually •65+ annual events •4 Concession areas •2 Plazas / Gathering areas •Demographic comprised of active, outdoor and music enthusiasts, both locals and tourists. Live Music & Venue trends in Secondary Markets •Talent Buying •Challenges and opportunities •Art vs. Science •What it takes to bring in top tier talent•Lessons learned over the past decade •Impact of Red Rocks, AEG, etc. •What I see on the industry horizon Event Production Talent Acquisition DynamicStaffing For over 20 years, Peak Performances has been providing turn-key, end-to-end event production, and venue management, including talent-buying services for over a dozen venues in Summit, Eagle, Douglas, El Paso, and Larimer counties. In a typical year, we employ or contract 100+ production team members in the areas of talent acquisition, stage management, technical services, audio, video, and lighting for venues, municipal and resort festivals, including Arapahoe Basin Resort, Copper Mountain Resort, Keystone Resort, Town of Avon, Town of Dillon, Town of Frisco, City of Lonetree, and Chico Basin Ranch. We book over 300 regional and national bands each year, including AJR, Billy Strings, Bob Dylan, Brett Dennen, Bruce Hornsby, Clint Black, Cold War Kids, Dave Matthews Band, Earth, Wind and Fire, George Clinton & Parliament Funkadelic, Los Lobos, Melissa Etheridge, Michael Franti, The B52s, The Revivalists, Walk The Moon and X-Ambassadors. OUR EXPERIENCE DYNAMICS, DATA & DEVELOPMENT PRESENTED BY MICHAEL O'BRIEN peakperformances.com Predictive artist pricing indicator 36-month calendar booking cycle - strong date hold practices 20+ years of industry relationships Experience - 300+ bands annually Equipment provider - providing wholesale pricing on state-of-the-artequipment to municipalities Production services - providing professional audio, LED walls and lightingservices *We recently acquired the same sound system used by Metallica and DaveMatthews Band. Released in 2022. This system is one of only two in the state.* Our proprietary data application, Gig Digger, monitors Spotify, YouTube, TikTok, Apple Music and many more. This allows us to generate a unique score to compare artists and demonstrate an artist's popularity and predict success in a given marketplace. RESEARCH & SECURE TALENT+ ONSITE PRODUCTION MANAGMENT FOR A FLAWLESS EXPERIENCE Appeal to a multi-generational audience Broad mix of genres Mix of international, national, regional and local artists The music selection for Avon should reflect and serve the community'sdemographic profile, while expanding cultural exposure. ARTISTS THAT RESONATE WITH THE COMMUNITY AVON PERFORMANCE PAVILION ASSETS & OPPORTUNITIES Lack of artist-related facilities: separate dressing rooms with showers for the headliner and support artists - (each area needs to accommodate six individuals per band) Inadequate facility production provisions (namely lighting and sound) Production parking - the capacity to park 1-2, 53' trailers, 1-2 tourbuses, and 10-15 production-related vehicles Fencing to delineate the ticketed area - (on a per-show basis,temporary fencing is expensive) Facilities for attendees, including bathrooms Opportunities Lakeside location and view Capacity of the park Loading dock Experienced event team Proximity to retail, restaurants, lodging, outdoor activities andinterstate Continued community development in lodging spaces and other amenities Assets 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager RE: CASE Committee Joint Work Session – 10-Year Vision V5 & Peer Communities Research DATE: April 17, 2023 SUMMARY: This report and supporting documents provide a broad vision of Avon in 10 years’ time and imagines a wide variety of special events in Avon’s portfolio. Additionally, the CASE Committee and Staff thought it would be helpful to Council, to provide a “flavor or sense” of seven (7) peer communities whose special events, arts and/or culture programming may work to pressure test against or embodies a unique character attractive to Avon. This report presents an overview of the peer communities researched and their 2022 and/or 2023 special event budgets, venues and facilities, and the number of full time and/or part time staff supporting their special events programs. The peer communities researched vary and include (1) larger, resort and/or destination guest communities and (2) smaller, community and/or arts and culture-based communities. Furthermore, Staff is requesting discussion and seeking direction on the concepts contained in the draft five version (V5) of the 10-Year Vision and provided as Attachment A. The 10-Year Vision V5 is a working document which has not been formally adopted by CASE or Council. If Council supports the concepts outlined in and the 10-Year Vision V5, then Staff will put together the budgets to support the staffing, branding, and execution of (1) Best of the West in 2024 and (2) Heart & Soul Festival in 2024 or 2025, and (3) develop strategies and tactics to further culture and arts programming/activations for Council consideration in the fall of this year. TOWN MANAGER RECOMMENDATION: The proposed 10-Year Vision is intended to build on current successes while strategically adding two more signature events to the summer and fall schedule. The conscious intent of the 10-Year Vision and two new signature events is maximize the Venn diagram overlap of “Community” with “Visitor Economy” and establish well known re-occurring events that are reflective of Avon’s community values and will become synonymous with Avon. This overlap is conscious of the pattern where visitors have a serendipitous experience in Avon, return visit for several years, and then decide to become part of the community by purchasing a second home or moving to Avon. The approach is particularly strategic because there is only a limited capacity in Avon and on the regional event calendar to add additional substantial events. Danita and I recognize some caution by Council members due to the underperformance of some events in the past; however, we are both confident that we have event concepts and business approach that are appropriate and sound. The Town of Avon is on a growth trajectory, so I believe this would keep Avon on track to provide a steadily improving experience while the community is growing. In full disclosure, Danita, Chelsea, and I are all passionate about these community events, so we are naturally inclined to push forward with bettering the programs. BACKGROUND: In step with, and supported by policy direction from Town Council, Staff has worked diligently the past four years to (1) extend events into the shoulder seasons and (2) develop arts and culture programs and experiences with the goal of “…creating a full, vibrant calendar of events which support the community and tourism; and presents a fantastic opportunity to elevate our name, gain exposure and remain competitive amongst our peer communities.” Simultaneously, the CASE Committee and Staff have been developing a long-range vision for Avon’s future as it relates to special events, to ensure Avon remains competitive amongst peer communities, considers Page 2 of 7 the feedback, and incorporates the desires of residents and businesses regarding special events, activates early April through mid-October, and includes winter events and/or activations. The long-range vision cultivated over the last two years resulted in a 10-Year Vision V5 picturing (1) Avon’s lodging and accommodations bed base to be approximately 2,300 (2) the completion of strategic capital projects such East Nottingham Park, Main Street Mall connection to Nottingham Park, and redeveloped Old Town Hall site and (3) considers a remodeled or removed Metcalf Cabin which combined with the rock retaining wall, entire main athletic field and Avon Performance Avon Performance Pavilion has cohesive design existing as an “event venue” and (4) over time and with continued success, Avon realizes more competitive interest from private producers, and the shoulder seasons will further develop. For clarity, a signature event is defined as “a reoccurring yearly event or event series with strong association with Avon (brand recognition and brand equity), directly support Avon’s culture, arts, and event purpose and vision, and typically with attendance of more than 3,000. The Avon community, Avon staff, and main athletic field can accommodate/tolerate a large signature event once every three to four weeks during the summer (defined as 3,000+ attendees).” And activation events as “other reoccurring events and activations that are well-established and provide a variety of culture, activities and attractions for the Avon community and Avon visitors, including local live music on Lettuce Shed Lane on Saturdays.” Subsequently, the Vison shows the majority of experiences are community focused and identifies the need to balance with those that create a higher return on investment through accommodations and sales tax revenue. Furthermore, and worth noting, is the expectations of the visitor and the community has grown and become more sophisticated relative to the experiences they desire. Correspondingly, the special events elements are close to representing a completed portfolio with room/capacity to add in early to late-March, mid-August, late-September, and around the winter holidays. Underneath the vision for expanding the special events portfolio are the (1) 2021 Community Survey (2) 2022 Business Survey and (3) in-person intercept surveys at AvonLIVE! which elicited and received feedback that Avon’s special event program is enjoyed with room for improvement in specific areas such as access to parking, food and beverage options, marketing, and advertising. And, specifically, there is a desire for (1) more events, (2) larger more recognizable music / bands, and (3) events that bring visitors to town who patronize Avon businesses. 1. The 2021 Community Survey asked, “Please provide any comments, suggestions, or questions regarding Special Events”. Out of the 903 Community Survey respondents, 210 (23%) responded to this question which included but are not limited to the following: a. “Doing the exact same things as every other mountain town like beer tastings and mediocre cover bands brings no outside patrons and their money to town.” b. “Bring in some big headliners please :) Emulate Dillon Amphitheater.” c. “Need another festival like Winter Wonder Grass and another Fire and Ice in the winter with winter fireworks.” d. “Good job, keep up the events. I would even be in favor of larger or big-name events.” e. “Would be cool to have some bigger name musicians at the very expensive and underutilized stage in the park…” f. “The town should consider adding 3-5 large concerts per year to use the stage. It is a fantastic venue that is underused.” g. “Keep them coming - the more the better!” h. “Better artists/concerts.” i. “I wish there were more special events.” Page 3 of 7 2. The 2022 Business Outreach Survey asked, “Please comment about special events in Avon, including special events you would like to see”. Out of the 72 Business Outreach Survey respondents, 37 (51%) responded to this question which included but are not limited to the following: a. “I like events that promote community members and/or business owners to meet each other. Most of the events I see listed have people going to something with people they already know and having an experience that way.” b. “Seeing the music line ups of Gerald Ford and Dillon Amphitheater makes me wonder what kind of acts we could attract to the stage in Avon?” c. “Large live music events and concerts have a positive impact on my business.” d. “More concerts including ticketed events and fitness/outdoor activity-based events.” e. “Music and art are favorites.” f. “The events don't bring traffic to the restaurants. TOA needs to do better to bring events that are not just in the park.” g. “The events that give visitors and locals something "free" to do (ex. concerts in the park) are necessary and great, but the events that specifically bring people to town such as Xterra are especially helpful to our business. We love our locals, but the visitors support our business.” h. “Concerts with more mainstream rock/pop/country acts.” i. “Because of Nottingham's location, special events don't drive any walking traffic to any Avon businesses-is there any way to get visitors to visit businesses?” j. “Have events that actually help businesses and or locals and to that end actually get local business input on events before you go final with them.” k. “I favor community-based event, not necessarily guest-based. I wish there was something different offered than "just" live music like everyone in the valley does. I appreciate the Dance Festival performance that comes to the park.” l. “I think that we have built such a great amphitheater, I would like to see bigger names there. I loved it when Ben Harper played!” m. “Would like to see another “wonder grass” type event. Not only for the local enjoyment but also Brings people to the town and spending money.” n. “Better bands. Who selects the bands we get?” 3. The 2022 AvonLIVE! Survey asked, “What can we do to increase your likelihood to recommend this event?” And “Is there one thing we can do to enhance your experience in the future?”. If survey respondents provided a rating (0-10, with 10 representing extremely likely) for AvonLIVE! of less than 9 out of 10 for a “…likelihood to recommend this event”, only then were they posed these two questions to “…increase their likelihood to recommend the event” and/or “…enhance their experience…”. A total of 334 people responded to AvonLIVE! survey and of those 334 respondents, only 30 of those provided a rating less than 9. Therefore, out of the 30 respondents to these two questions, 7 (23%) responses involved music which are listed below: a. “Better bands.” b. “Better music.” c. “Bring the Stones.” (Rolling Stones) d. “Better food, better music” e. “More bands, I like the line up.” f. “Check with the public about bands they like.” Page 4 of 7 g. “…maybe have a bluegrass series and also a cover-band series on alternate weeks.” PEER COMMUNITIES RESEARCH: Staff embarked on gathering information from other communities in the fall of 2021 to gain insight into their special events budgets, marketing spends on events, use of third-party producers and support offered, types of venues and ownership structures, full-time (FTE) and part-time staff, private rentals, etc. The methods for collecting information from these communities regarding their special event budgets, venues and facilities, staffing, etc. included (1) a list of questions sent via Survey Monkey in the fall of 2021 and spring of 2022 (2) follow up emails to confirm our understanding of the data reported in the Survey Monkey and confirming their on-line event calendars (3) one on one interviews with each peer community representative(s). The CASE Committee and Staff struggled that the data collected did not provide an apples-to-apples comparison of budgets, venues, and facilities, and staffing due to numerous factors such as (1) indoor vs outdoor venues and facilities (2) destination guest-based vs community-based focus (3) year-round events and activations vs warmer weather only months. Additionally, there are vast differences in the natural and built geography surrounding their venues and facilities (i.e., bodies of water, marinas, main streets, downtown areas, etc.), and the business composition of each community (i.e., big box retailers, “mom and pop” shops, abundance of restaurants and accommodations). Moreover, budgets and mechanisms for how municipalities and/or private organizations fund events vary widely across communities. Therefore, the CASE Committee and Staff changed the approach to focus on the “flavor or sense” of each community to pressure test against or who embody a unique character attractive to Avon. The peer communities researched represent larger, resort and/or destination guest focused programs (Vail, Beaver Creek, and Breckenridge) as well as smaller, community and/or arts and culture-based programs (Dillon, Silverthorne, Frisco and Salida). An overview of seven (7) peer communities the CASE Committee and Staff thought most relevant for Avon is offered in the Peer Community Research and provided as Attachment B. As a touchpoint for reference, Avon is also provided. Those communities who own, operate and/or fund indoor and turn-key venues and facilities mostly have year-round special events and/or activations (i.e., live music, art and/or culture programming, workshops, etc.) and significant budgets. Additionally, many of these communities’ work in partnership with for-profit and non-profit organizations, independent contractors, or supplement facility operations, programming, and/or staffing costs. Four (4) of the peer communities whose strategies are vastly different, are broken out and provided below: 1. The Town of Vail, which supports a plethora of special events and activations with a diverse and year-round array of live music, arts, culture, culinary, world-class championships, athletic, and sporting events. a. Special event focus is on attracting overnight destination guests primarily during May–October increasing both the visitor base and sales tax revenues. b. Significant budget of $2.6MM; $2MM to fund third-party producers and $600,000 to support Town produced events. c. The majority of events are third-party produced, and the Town has one (1) FTE dedicated to special events and supplements with 5-10 independent contractors. d. Indoor and/or turn-key venues are Ford Amphitheatre, turn-key and seating approximately 4,100, Dobson Ice Arena, Donovan Pavilion, and privately owned venues. Page 5 of 7 e. Outdoor events are hosted in public rights of ways, Ford Parks, Vail Recreation District (VRD) fields and Lower Bench (near Ford Park / Betty Ford Alpine Gardens). f. The Town of Vail detailed list of events and activations is provided as Attachment C. 2. The Town of Breckenridge supports a wide variety of outdoor and indoor special events and activities with a diverse mix of unique experiences. a. The Breckenridge Tourism Office (BTO) focuses on attracting overnight destination guests and increasing both the visitor base and sales tax revenues. b. The Town provides approximately $4.8MM to the BTO for the purpose of marketing the Town; including $800,000 specifically for their outdoor signature special event production and promotion. The BTO supplements the cost of event production with sponsorship revenue. c. The BTO has one (1) FTE dedicated to special events and is supported by 1.5 administration staff. d. The Town also supports Breck Creates with $2MM in funding for arts and culture facility operations and indoor year-round programming. Breck Creates supplements costs with ticket sales and fund raising. e. Indoor and/or turn-key events are hosted at the Riverwalk Center, Breckenridge Theater as well as many smaller buildings all operated and programmed by Breck Creates. f. Breck Creates staffing in unknown but a review of their website suggests upwards of thirty personnel. g. The Town of Breckenridge (BTO and Breck Creates) detailed list of events and activations is provided as Attachment D. 3. The Town of Dillon produces a mix of events which take place outdoors and is heavily focused on music. The Town self produces most of their events, the exception is the 36-plus concerts at the Dillon Amphitheater, which are a partnership between the Town, Peak Performances and Anshutz Entertainment Group (AEG). a. AEG is an American global sporting and music entertainment presenter and a subsidiary of The Anschutz Corporation. It is the world's largest owner of sports teams and sports events. Under the AEG Presents brand, it is the world's second-largest presenter of live music and entertainment events, after Live Nation. b. The Town budget is $2.26MM with approximately $2MM dedicated for Dillon Amphitheater concerts and $228,000 for all other special events. c. The Town strategically and heavily invested in the Dillon Amphitheatre, which is a turn-key outdoor venue seating 3,000 to 4,000 people, “…to attract large scale events with a lasting social and economic impact.” d. The Town has four (4) FTE and supplements 35 part-time seasonal staff. e. The Town of Dillon detailed list of events and activations is provided as Attachment E. 4. The Town of Silverthorne adopted an “Arts & Culture Strategic Plan” in 2016 which resulted in part with investments in the revamped downtown area with an art district, marketplace, performing arts center and pavilion. a. The Town self produces its special events with a modest budget of $350,000 which includes their pillar event series, First Fridays, as well as Fourth of July, Pumpkin Fest, and Art Strolls. Page 6 of 7 b. All other events and activations take place indoors at the Silverthorne Pavilion with a focus on “…adult friendly, artful events…” and has become a vibrant community gathering place. c. The Silverthorne Pavilion recovers approximately 90% of its operating expenses through private rentals and bar proceeds. d. The 2022 $350,000 budget represented in Attachment F does not include arts and culture focused activities. e. The Town has two (2) FTE and supplement with 20 part-time staff. f. The Town of Silverthorne detailed list of events and activations is provided as Attachment F. The detailed list of events and activations for those peer communities research and not listed above (Beaver Creek, Frisco, and Salida) are provided as Attachments G - I. DISCUSSION: Staff is interested in Council discussion and seeking direction on the concepts in the outlined in the 10-Year Vision V5 specifically (1) launching Best of the West in 2024 and (2) launching Heart & Soul Festival in 2024 or 2025 and (3) developing strategies and tactics to further culture and arts programming/activations. If Council is largely supportive of the concepts, Staff will further develop the staffing, branding, and execution budgets for (1) Best of the West and (2) Heart & Soul Festival. And Staff will research ideas to (3) expand Avon’s arts focused events, programs and/or activations and (4) provide suggestions for Avon’s culture focused events, programs and/or activations. This will all be brought to Council for consideration in the fall of this year. Alternately, approaching the next one to three years, with a status quo style is also an option for Council discussion. Status quo is defined as the events and activations listed on Attachment J and supported by the draft 2024 special events calendar which gives a visual context and provided as Attachment K. The calendar indicates current (1) Town produced signature events with a light green square, (2) Town produced activity events with a light blue square, (3) third party produced signature events with a light orange square, (4) third party produced activity events with a light pink square (5) as well as Best of the West and Heart & Soul Festival with a red square. Finally, the 2022 Special Event Recap & 2023 Proposed Budget report to Council on October 25, 2022, is hyperlinked for reference. RECOMMENDATION: The type and frequency of activation produced in 2021, 2022 and planned for 2023, is the right blend for the local community and enhances visitor experience. And, if Council is supportive of the concepts in the 10-Year Vision V5, Staff recommends proposing to Council during the 2024 budget cycle to include (1) the addition of Best of the West and/or (2) addition of the Heart & Soul Festival (3) research strategies and tactics to further culture and arts programming/activations and (4) addition of one full-time Special Event Production Assistant for Council consideration. Thank you, Danita ATTACHMENTS: Attachment A – 10-Year Vision V5 Attachment B – Overview Peer Community Research Page 7 of 7 Attachment C – Vail Peer Community Special Events Details Attachment D – Breckenridge Peer Community Special Events Detail Attachment E – Dillon Peer Community Special Events Details Attachment F – Silverthorne Peer Community Special Events Details Attachment G – Beaver Creek Resort Company Peer Community Special Events Details Attachment H – Frisco Peer Community Special Events Detail Attachment I – Salida Peer Community Special Events Detail Attachment J – Avon Special Events Detail Attachment K – 2024 Draft Special Events Calendar ATTACHMENT A REVISE DRAFT V5 10 YEAR VISION DOCUMENT FOR CASE – March 16, 2023 Page 1 of 7 A 10 YEAR VISION FOR CULTURE, ARTS AND SPECIAL EVENTS IN AVON IN 10 YEARS (2032) [NOTE: This document describes the status of events in 10 years, i.e., 2032, to provide a vision of the character and scale of special events with continuous support over the next 10 years.] INTRODUCTION: By 2032 an additional 700 hotel rooms and 400 condominiums available for short term rental have been constructed, increasing the Town’s bed base from 1,200 to 2,300. Alcohol and sponsorship sales are a significant revenue source for each event and are not projected in this draft. Improvements to East Nottingham Park will be completed and we will have public restrooms that can routinely accommodate 2,000-2,500 person events. The Old Town Hall site has been redeveloped with public restrooms, art installations, concession space and storage for event assets (alcohol, tents, tables, chairs, signage, etc.). The rock retaining wall, entire main athletic field and Avon Performance Avon Performance Pavilion has cohesive design and appears as an “event venue”. The Metcalf Cabin has either been removed and that site redeveloped, or it has been remodeled to create a second green room with a shower that can be used for summer camp, community meeting space, or additional support space for private events on the Terrace and some storage space to serve events. The west end of the Main Street Mall is developed and has established a focal point and natural gateway to the east end of Nottingham Park. There is little, if any, change to the parking lot or Parks garage area because both facilities are needed to serve the park. Signature Event: Defined as a reoccurring yearly event or event series with strong association with Avon (brand recognition and brand equity), directly support Avon’s culture, arts, and event purpose and vision, and typically with attendance of more than 3,000. The Avon community, Avon staff, and main athletic field can accommodate/tolerate a large signature event once every three to four weeks during the summer (defined as 3,000+ attendees). Below is a list of those events that are (1) already identified as signature, or (2) being developed for Town production in the next two to five years. Early-April: Ultimate Après Avon – This multi-day ticketed event began in 2022 and attracts over 2,500 residents and visitors as the winter sports season begins to conclude and Spring is approaching. The open-air event draws 100+ breweries, ciders, wineries, and spirits, features local and/or regional talent and crafted culinary experiences uniquely Avon. The ROI is high due to placement on the calendar and being widely known as the “beer festival not to miss”, the event fills Avon lodging, dining, and retail/service establishments. The Town subsidizes with in kind and cash support. Early-June: Pride in the Park - This single-day free event attracts over 2,500 residents and visitors who come to Avon specifically to support the diversity and inclusion that Pride in the Park represents. The events primary focus is driving visibility, equity, and inclusion of the LBGTQ community. The event includes a fashion show, talent, DRAG show, parade, yoga in the park, renowned speakers and live music featuring ATTACHMENT A REVISE DRAFT V5 10 YEAR VISION DOCUMENT FOR CASE – March 16, 2023 Page 2 of 7 local and/or regional talent. The return on investment (ROI) is modest for this single day event. The Town subsidizes the event with in-kind support. Mid-June: Best of the West – This multi-day festival environment features a Friday evening musical performance at the Avon Performance Pavilion, all day Saturday and Sunday performances, multiple stages on Town owned property and at stakeholder properties (i.e., Westin Riverfront Resort Plaza, Ein Prosit/Loaded Joe’s Parking lot), evening performances at multiple bars and restaurants, focused on original up-and-coming Colorado-based talent. In addition to live music, this event includes unique experiences such as song writing workshops and musician workshops supporting a strong opportunity for musician camaraderie and collaboration. The talent mix will offer opportunities for up-and-coming Colorado-based bands along with cameo guest appearances by national talent with Colorado connections (Motet, String Cheese, Lettuce – it’s a long list). Attendance is 5,000 to 8,000 per day. Avon “owns” this weekend in the Vail Valley and Best of the West is the primary attraction for Eagle County Residents as well as visitors to Avon, Beaver Creek, and Vail. This Festival is free for attendees. The expense budget is approximately $200,000 with a minimum of $100,000 allocated to support talent. The event generates revenue from alcohol sales and sponsorship. The ROI is high by filling Avon accommodations and providing a strong retail weekend for restaurants and other retail establishments early in the summer. Best of the West is unique with musician focused elements and activations which is not typical of a concert festival and affords an inherently strong Colorado focus. Theme elements of culinary creations, craft beer and ciders, spirits and Colorado made goods (i.e., “Taste of Colorado”) are incorporated throughout with numerous opportunities for Colorado vendors. Best of the West is trademarked so that the name/title cannot be used by any other music festival. Mid-June through August: AvonLIVE! – AvonLIVE! is a 12-day free concert series that “owns” Wednesday nights in Eagle County. The series begins the second Wednesday in June and culminates on the Wednesday prior to Labor Day Weekend. The talent line-up features five national travelling acts ($10-$15k talent budget per act); five mid-tier national acts ($20-$30K talent budget per act) and two well-known national acts ($50-$75k talent budget per act). Concerts are free to attend and include numerous food trucks/vendors, art and local goods, and kid friendly activities. The expense budget is $400,000 ($312,500 talent, $7,000 per show for support – and an average of $29,000 for headliner). The event generates revenue from alcohol sales and sponsorship. Early-July: Salute to the USA – Avon’s premier family-focused signature event held July 3rd for over 35 years in celebration of our nation’s Independence. A typical year sees between 20,000 and 25,000 in attendance. Avon is known for its impressive ATTACHMENT A REVISE DRAFT V5 10 YEAR VISION DOCUMENT FOR CASE – March 16, 2023 Page 3 of 7 fireworks, drone, and/or lasers display which is the key element of Salute to the USA and attending the event has become tradition for residents and visitors alike. Hundreds of families and friends gather in the park early to enjoy a day at Nottingham Park arriving early to reserve their “seats”. The free event features festival-style food offered by over 30 food trucks/vendors, kid-friendly activities, multiple town operated alcohol concession locations, live performance artists (buskers, acrobats, live painting, sculpting, etc.) and a well-known national touring artist (i.e., Ziggy Marley, Markus King Band, Los Lonely Boys, etc.) The expense budget is $295,000 and the event generates revenue from alcohol sales and sponsorship. Mid-July: Triple Bypass - The Triple Bypass is a well-known, esteemed cycling event which can be, for some participants, a pinnacle of achievement and a must on the bucket-list. Attracting cyclists from all over the country with 4,200 to 6,000 participating in the single day ride. The Triple Bypass has hosted the finish celebration in Avon for over two decades offering massage therapists, free food and beer, live DJ, bike coral, and industry expo vendors (i.e., apparel, bike accessories, etc.). The Triple Bypass was created over 30-years ago and takes riders 120 miles from Evergreen to Vail with more than 10,000 feet of elevation gain over the tops of Juniper Pass (11,140 feet), Loveland Pass (11,990 feet), Swan Mountain and Vail Pass (10,560 feet). The event ROI is high with event participants and their families lodging and dining in Avon. The Town subsidizes the event with in-kind support. Late-July: Avon Arts Celebration – A weekend long art festival attracting over 100 artists from around the United States which has solidified Avon as a “art community”. The three-day festival is free to attend and attracts over 3,000 second homeowners, primary residents, and visitors alike. The multi-day festival features fine art, crafted culinary oils, sauces and spices, string musicians, and a variety of wine and spirits. The ROI is high and provides value for guests already in Town and incentive to spend their money in Avon. The Town subsidizes the event with in-kind support and cash support. Early-August: Dancing in the Park - The collaboration between the Town of Avon and the Vail Dance Festival (production of Vail Valley Foundation) enabled both entities to grow their footprint in the dance and art communities and attracts over 2,500 residents and visitors. Dancing in the Park expanded to include an artist in residence program, summer dance-camp for local youth and bi-monthly free performances at the Avon Performance Pavilion by regional dance teams. The ROI is modest as it attracts mostly those who are already in Town. The Town subsidizes the event with in-kind and cash support. Mid- August: TBD – There is capacity to add one or two signature events in mid-August. Avon’s success with the Heart and Soul Festival has generated competitive interest from Private Producers to create one or two signature events in this period. Private producers have established and executed successful signature event(s) during this period window. Town’s budget is $150,000 to $300,000 annually to support one or two signature events during this period. ROI is modest because accommodations ATTACHMENT A REVISE DRAFT V5 10 YEAR VISION DOCUMENT FOR CASE – March 16, 2023 Page 4 of 7 would be filled for these weekends without the event. Attendance is projected to be 5,000+ per day. These signature events are destination events that attract visitors who stay in Avon, Beaver Creek, and Vail. Labor Day Weekend: Summer’s End: Nottingham Lake is a two day “best beach party in the Rocky’s” event involving water activities, cardboard regatta, SUP races, multiple bands playing on the Terrace (SunsetLIVE!), and multiple children’s activities. Well known regional talent at the Avon Performance Pavilion, vendors on the main athletic field and artist displays, close out the weekend long, family-friendly, event that is the “go to” summer finale celebration for Eagle County residents and visitors. Attendance is 2,500 to 5,000. The ROI is high attracting holiday travelers and filling Avon accommodations and providing a strong retail weekend for restaurants and other retail/service establishments. The expense budget is $150,000 and generates revenue through alcohol and sponsorship sales. Mid-September: Heart and Soul Festival: Avon’s bookend and namesake multiday festival begins on Friday evening and runs through Sunday evening. Headline music performances at the Avon Performance Pavilion with complimentary evening performances coordinated at bar venues in Avon. Attendance is 7,000 to 10,000 over the course of the weekend. Well known national touring acts that have an established Colorado fan base and appropriate for Avon headline the festival. In addition to Eagle County residents, the festival targets festival goers of all ages as well as front range college students who are ready for a weekend mountain road-trip 4-5 weeks into their fall semester. This ticketed multiday event sells out in advance and a “must do” for locals and visitors alike. Single day tickets are $100 or more and multi-day festival tickets are $200 or more. Expense budget is $1,300,000 with $900,000 to $1,000,000 available for talent. This festival operates in the black between ticket sales and alcohol sales. ROI is very strong by filling Avon’s accommodations for a long weekend in mid-September as well as creating another “super-retail” weekend for Avon restaurants and businesses. Heart and Soul Festival has national recognition and is a destination event for visitors. Late-September: TBD – There is capacity to add one more signature event in late September. Avon’s large-scale event success and venue capacity (8,000-15,000 people) has generated competitive interest from Private Producers to create a new ticketed and signature event during the fall season. Private producers have expressed interest in hosting top tier talent in venues which can accommodate more than 3,700 people in an outdoor venue (Dillion and Ford Amphitheater do not have this size capacity venue). Town’s budget is $150,000 to $300,000 annually to support one signature events during this timeframe. ROI is modest because accommodations would be filled for these weekends without the event. Attendance is projected to be 5,000+ per day. These signature events are destination events that attract visitors who stay in Avon, Beaver Creek, and Vail. ATTACHMENT A REVISE DRAFT V5 10 YEAR VISION DOCUMENT FOR CASE – March 16, 2023 Page 5 of 7 Early-October: Man of the Cliff: Man of the Cliff is a multi-day event that draws 5,000+ attendance over the course of the weekend and closes out the summer event season in Avon. Man of the Cliff is an inclusive, recreation, timber sports competition open to people of all ability levels. The event begins with a Friday evening kick-off charity dinner followed by a full day of robust, cheerful, and entertaining lumberjack style competitions. The ROI is high attracting visitors on a typically softer weekend by filling accommodations and providing a strong retail weekend for restaurants and other retail/service establishments. The Town supports Man of the Cliff with in-kind support and a cash support. Activation Events: Defined as other reoccurring events and activations that are well-established and provide a variety of culture, activities and attractions for the Avon community and Avon visitors, including local live music on Lettuce Shed Lane on Saturdays. Spring to Late Summer Early-April: Egg Hunt – This family-oriented Easter holiday weekend event is tradition for many locals and has broad demographic and sociographic appeal. The event has grown to over 2,000 in attendance and families enjoy a petting zoo, inflatable features, coloring contests, jellybean guessing games, a visit from the Avon Bunny as well as finding over 10,000 eggs filled with age-appropriate candies and toys. The expense budget is $20,000. Memorial Weekend -Labor Day Weekend: Sundays: SunsetLIVE! - This event series which regularly occurred on Sunday evenings has expanded to include Saturday evenings when not in conflict with other events. The series runs from Memorial weekend through Labor Day weekend. Talent is a mixture of local and regional performers. The premise area is the Terrace and the adjacent southern lawn area. There are typically up to 26 SunsetLIVE! performances during the summer attracting up to 400 people each. The expense budget is $52,000. Early-June: Art Around Avon & Walking Tour – Avon’s temporary art program is a pinnacle in the regional art community with 30 locations which rotate in/out every two years. Artist from all over the State of Colorado submit their works to be selected in Avon’s renown program. The program includes outdoor and indoor exhibitions featuring multiple mediums such as sculpture, photography, painting, etc. and Avon’s collection of playable musical instruments, 10 historical markers driving awareness to Avon’s heritage, and four large scale murals. Each year the Walking Tour attracts several hundred residents and visitors who come to appreciate Avon’s temporary and permanent collections. June-August: Art Pop Up Experience - The Art Pop Up Experience is on the Main Street Mall twice monthly in June, July, and August. The Art Pop Up Experience expo has expanded to include the entire length of the Mall, the Westin “terrace”, and Lake Street regularly attracting 30-50 artists and vendors. It has become a feeder event for the Avon Arts Celebration and further identified Avon as an art community. ATTACHMENT A REVISE DRAFT V5 10 YEAR VISION DOCUMENT FOR CASE – March 16, 2023 Page 6 of 7 June-Mid-Sept.: Terrace Shows: A series of six to ten ticketed shows are held on the Terrace during the summer, primarily on Thursday or Saturday evenings. Seated capacity is 250-300. The Terrace is ideally suited for intimate performances featuring jazz musicians and talented singer/songwriter performers. The Terrace Shows have a strong relationship with Vail Jazz, Bravo! and Vilar Performing Arts Center as an alternate venue option. Ticket pricing is $35-$60 and talent budget is $9,000 to $12,000. Terrace Shows are held on Thursday or Saturday nights to fit opportunities to book talent and properly market these shows. July-August: Lakeside Cinema: Family friendly films are shown in Nottingham Park on selected Friday evenings in July and August. Local bands are set up on a portable riser stage in front of screen. Attendance is 600 and has broad demographic and sociographic appeal. This is a free event and a BYOB event. A small selection of food and specialty vendors are available. Mid-August Vail Valley Brew-Au - This single-day ticketed event began in 2018 and attracts over 1,500 residents and visitors. The open-air event draws 70+ breweries, ciders, and features local and/or regional talent, family friendly activities and numerous supporting non-profit organizations providing “uniquely” Avon experiences. The ROI is modest, and the Town subsidizes with in kind and cash support. Early-Sept. /October: Storytelling at Lettuce Shed Lane - Gathering around the firepit, sipping on something warm, and sharing Avon and Eagle County’s history is uniquely Avon and become a local favorite. Hosted monthly at Lettuce Shed Lane on the Main Street Mall in the early evening and featuring members of the Eagle County Historical Society and well-known storytellers the activation entertains 20-40 people. Late-November: Thanksgiving - [There is a potential music performance event that would be during Thanksgiving week which we might be able to institute in 2024. This would occur annually and would like draw 2,000 to 3,000 people. This event could serve as destination event to draw visitors during opening week at Beaver Creek] Late-November /Early December: Holiday Tree (aka Christmas Tree) Lighting: TBD New Year’s Eve: TBD Early-January: Fire & Ice – This two-week activation begins in early January and concludes over Martin Luther King Weekend. The activation features multiple up-lit ice sculptures and photo opportunities (ice benches and picture frames) placed along the Main Street Mall, which due to amount of shade, and can last for several weeks. The activation concludes with fire dancers/performers, buskers, marching band, giant ice bonfire at Nottingham Park at Fireworks in Avon. ATTACHMENT A REVISE DRAFT V5 10 YEAR VISION DOCUMENT FOR CASE – March 16, 2023 Page 7 of 7 Mid-January Fireworks in Avon – This event has been held on the Saturday of Martin Luther King Weekend for several years and further introduces Avon’s winter/holiday visitor to Avon’s tradition of hosting the largest fireworks display in the State of Colorado on July 3rd and keeps Avon’s event brand in the forefront of the destination guest. This family friendly event attracts over 2,500 residents and visitors offering reduced price ice-skate rentals, free hot chocolate and peppermint schnapps followed by extraordinary fireworks. The event concludes at 6:30 p.m. offering guests the opportunity to patron Avon’s dining establishments. Early-Late March (Spring Break): TBD - In ten years’ time we should have something in scale and quality as WinterWonder Grass CO, but a different genre / theme (not bluegrass). [NOTE: This only includes music and/or art-oriented events and performances on the Avon Pavilion Stage, Terrace and Main Street Mall and does not include a variety of recreational events that also occupy the calendar from June through September.] Peer Community Research April 13, 2023 General Government Department Danita Dempsey, Culture, Arts & Special Events Manager Chelsea Van Winkle, Special Event Coordinator ATTACHMENT B Peer Communities ResearchApril 13, 2023 Town of Avon The Town of Avon is located on the I-70 corridor a few miles west of Vail and considered a gateway to world-class Beaver Creek Resort. Avon has picturesque views, a genuine local character, and offers all the amenities of a year-round resort in an inclusive small mountain town. •The Town center is comprised of retail, dining, and service-oriented establishments with approximately 675 rooms/units. •Events and activations are mostly in the summer months with significant focus on the Avon Performance Pavilion and Nottingham Park/Lake. •The Town produces events and contracts with third- party producers providing a diverse array of events and activations. Budget: 2022 =$767,132 (Not including personnel costs, capital outlay, Rec. Department events, etc.; 2023 = $858,035). Venues / Facilities: •Outdoor –Avon Performance Pavilion (5,000- 10,000 capacity), Public Rights of Way, Nottingham Park / Lake, Main Street Mall. Staffing:Two (2) full-time event staff. Town Produced Signature Events 2 Town Produced Activity Events 9 Third Party Signature Events 3 Third Party Activity Events 5 Total Events 19 Total Event Days 53 # Of Music Events / Days 32 TOWN OF AVON SUMMARY OF EVENTS Peer Communities ResearchApril 13, 2023 Beaver Creek Resort Company (BCRC) BCRC is at the base of Beaver Creek Ski Resort and has a “Austrian village” atmosphere, surrounded by hotels, restaurants, retail, service-oriented businesses and private luxury homes. •Beaver Creek is home to the Vilar Performing Arts Center and features an outdoor ice rink in the core of the Village. •Events and activations are year-round with significant budget to produce and market to destination guests. •BCRC produces events and contracts with third-party producers providing a diverse array of events and activations. BCRC Produced Signature Events 8 BCRC Produced Activity Events 5 Third Party Signature Events 1 Third Party Activity Events 10 Total Events 24 Total Event Days 50 # Of Music Events / Days 19 BEAVER CREEK RESORT COMPANY SUMMARY OF EVENTS Budget: 2022 =$2.8MM (Not including personnel costs, capital outlay, etc.; 2023 = $3.75MM) Venues / Facilities: •Outdoor -Park Hyatt & Chophouse Lawns, Creekside Park, Village Core, Bus Turnaround. Staffing:Five (5) full-time event staff and supplements with 10-12 independent contractors. Peer Communities ResearchApril 13, 2023 Town of Vail The Town of Vail is located on the I-70 corridor and at the base of world-renown Vail Ski Resort. Vail has an international mountain town energy and a lively retail, dining, and lodging community surrounded by luxury homes. •The Town has a well known, sophisticated, global brand with a focus on attracting overnight destination guests primarily during May–October increasing both the visitor base and sales tax revenues. •Events and activations are year-round with significant budget to produce and market to destination guests. •Most events are produced by third-party producers who receive financial and in-kind support from the Town. •Vail is home to several indoor, outdoor and turn-key venues with state-of-the-art amenities operated by other organizations. •Vail has approximately 2,500 rooms/units. TOWN OF VAIL SUMMARY OF EVENTS Town Produced Signature Events 0 Town Produced Activity Events 4 Third Party Signature Events 16 Third Party Activity Events 23 Total Events 43 Total Event Days 281 # Of Music Events / Days 106 Budget: 2022 = $2.6MM (Not including personnel costs, capital outlay, Rec. District, etc.; no increase in 2023). Venues / Facilities: •Outdoor -Public Right of Way, Ford Parks, VRD Fields and Lower Bench. •Indoor / Turn-Key -Ford Amphitheater (4,100 capacity), Donovan Pavilion, Grand View Room, and Dobson Ice Arena. Staffing:One (1) full-time event staff and supplements with 5-10 independent contractors. Peer Communities ResearchApril 13, 2023 Town of Breckenridge The Town of Breckenridge is located at the base of world- renown Breckenridge Ski Resort. Breckenridge has a metropolitan mountain town feel, a bustling Main Street with an active retail, dining, and lodging community. Events are produced and marketed by Breckenridge Tourism Office (BTO, formerly Go Breck). •The Town has a well known, sophisticated, global brand with a focus on attracting overnight destination guests and increasing both the visitor base and sales tax revenues. •Events and activations are year-round with significant budget to produce and market to destination guests. •Breck Creates receives funding from the Town ($2MM) for operations of its arts and culture facilities and programming. Ticket sales and fund raising are add’l revenue streams. •Breckenridge has approximately 4,300 rooms/units. Budget: 2022 = $800,000 (BTO only, not including personnel costs, capital outlay, etc.; no increase in 2023). Venues / Facilities: •Outdoor -Main Street, River Walk Center Lawn, Public Rights of Way. •Indoor /Turn-Key -River Walk Center Staffing:BTO has one (1) full-time event staff; 1.5 admin staff support as needed. BTO Produced Signature Events 5 BTO Produced Activity Events 0 Third Party Produced: Signature Events 2 Breck Creates: Signature Events 4 Breck Creates: Arts & Culture Events 0 Total Events 11 Total Event Days 63 # Of Music Events / Days 30 BRECKENRIDGE / BTO / BRECK CREATES: SUMMARY OF EVENTS Peer Communities Research April 13, 2023 Town of Dillon The Town of Dillon in Summit County is nestled between three ski resorts (Keystone, Arapahoe Basin, and Copper Mountain), adjacent to Dillon Reservoir, and within 75-90 minutes of Denver. The Town and Dillon Amphitheater have solidified itself in the music market as a premier venue for performers and guests •The Dillon Amphitheater boosts lakeside views, striking mountain vista backdrops and amazing sunsets. •The Town center is comprised of big box retail, dining, and service-oriented establishments with approximately 600 rooms/units. •Events and activations are mostly in the summer months with significant focus on the Dillon Amphitheater. •Most events are produced by the Town and third-party producers receive in-kind support from the Town. Budget: 2022 = $2.26MM (Not including personnel costs, capital outlay, etc.). Venues / Facilities: •Outdoor / Turn-Key -Dillon Amphitheater (3,000 - 4,000 capacity), Dillon Town Park, Marina Park, Dillon Marina, Disc Golf Course. Staffing:Four (4) full-time event staff and supplement with 35 part-time staff. Town Produced Signature Events 29 Town Produced Activity Events 4 Third Party Signature Events 2 Third Party Activity Events 1 Total Events 75 Total Event Days 75 # Of Music Events / Days 38 TOWN OF DILLON SUMMARY OF EVENTS Peer Communities Research April 13, 2023 Town of Silverthorne The Town of Silverthorne is the first Summit County exit along the westbound I-70 corridor, near three ski resorts, within 75-90 minutes of Denver. •The Town’s downtown is located along Highway 6 and the Blue River and was recently revamped to enhance the experience for visitors, businesses, and residents. •Residents are more diffused and located in communities on surrounding mountainsides and along Highway 6. •Events and activations are year-round and focused on art and community. Winter events take place indoors at Silverthorne Pavilion which books over 200 private rentals per year. •Events are produced by the Town and the pillar is their First Friday series taking place once a month. Budget: 2022 = $350,000 (Not including personnel costs, capital outlay, etc.) Venues / Facilities: •Outdoor –Rainbow Park, Silverthorne Performing Arts Center Stage/Lawn, Public Rights of Way •Indoor -Silverthorne Pavilion Staffing:Two (2) full-time event staff and supplement with 20 part-time staff. Town Produced Signature Events 2 Town Produced Activity Events 6 Third Party Signature Events 0 Third Party Activity Events 0 Total Events 8 Total Event Days 28 # Of Music Events / Days 14 TOWN OF SILVERTHORNE SUMMARY OF EVENTS Peer Communities Research April 13, 2023 Town of Frisco The Town of Frisco in Summit County is along the I-70 corridor, near three major ski resorts and within 75-90 minutes of Denver. Frisco has a modern mountain town vibe and a Main Street with lively dining and retail establishments. •The Town is adjacent to Dillion Reservoir and has invested heavily in the Frisco Marina and nearby Adventure Center. •Residents are denser and more located in communities along Main Street, surrounding mountainsides and Highway 9. •Events and activations are year-round and focused on history and community. Vibrant music scene through private sector (Ten Mile Music Hall). •Events are produced by the Town and not third-party producers. Budget: 2022 = $600,000 (Not including personnel costs, capital outlay, Rec. Dept. events, etc.). Venues / Facilities: •Outdoor –Frisco Bay Marina, Frisco Historic Park, Frisco Adventure Park and Main Street. Staffing:Four (4) full-time event staff and supplement with six (6) part-time staff. Town Produced Signature Events 9 Town Produced Activity Events 14 Third Party Signature Events 0 Third Party Activity Events 0 Total Events 23 Total Event Days 53 # Of Music Events / Days 16 TOWN OF FRISCO SUMMARY OF EVENTS Peer Communities Research April 13, 2023 City of Salida The City of Salida is in Chaffee County and tucked amid three massive mountain ranges and flanked by the Arkansas River. Salida is considered the “Heart of the Rockies” and on the National Register of Historic Places. •The City’s Main Street is comprised of retail, dining, and service-oriented establishments with approximately 551 rooms/units. •The City’s Arts & Culture Department operates the state- certified Salida Creative District. •Events and activations are year-round and focused heavily on arts and culture supporting its rich history. •Events are produced by the City and third-party producers. Budget: 2022 = $53,000 for events; $1MM in 2022 and $1.1MM in 2023 for arts & culture. (Not including personnel costs, capital outlay, Rec. Dept. events, etc.) Venues / Facilities: •Outdoor –Riverside Park, Scout Hut and Alpine Park. •Indoor –Steam Plant (theater, outdoor sculpture garden, art galleries, riverside plaza, conference rooms, spacious ballroom). Staffing:Three (3) full-time event staff and supplement with eight (8) part-time staff. City Produced Signature Events 3 City Produced Activity Events 0 Third Party Signature Events 6 Salida Creative District Signature Events 2 Third Party Activity Events 5 Salida Creative District Activity Events 8 Total Events 24 Total Event Days 63 # Of Music Events / Days 16 CITY OF SALIDA / CREATIVE DISTRICT: SUMMARY OF EVENTS Town Produced Signature Events 0Town Produced Activity Events 4 Third Party Signature Events 16 Third Party Activity Events 23Total Events 43Total Event Days 281 # Of Music Events / Days 106 List of Events By Community # of Events # of Days Per Event/Series Total Event Days # of Music Events Ford Amp: Bravo! Vail Music Festival1 1 30 30 30 Ford Amp: Vail Dance Festival1 1 12 12 N/A Ford Amp: Hot Summer Nights Series1 1 6 6 6 Ford Amp: Ticketed Concerts1 11 11 11 11 Ford Amp: Vail Jazz Festival1 1 19 19 19 Go Pro Mountain Games1 1 4 4 4 Sub-Total 16 82 82 70 Revely Vail 1 36 36 9 Vail Social 1 1 1 N/A Vail America Days 1 1 1 1Vail Apres Series 1 28 28 20 Vail Arts Festival1 1 3 3 N/A Vail Craft Beer Classic1 1 2 2 N/A Taste of Vail1 1 4 4 N/A Vail Farmer's Market & Art Show1 1 16 16 N/A Vail Farm to Table Series1 1 3 3 N/A Vail Oktoberfest (Lionshead)1 1 3 3 3 Vail Oktoberfest (Village)1 1 3 3 3 Vail Wine Classic1 1 3 3 N/A Vail Comedy Show1 1 12 12 N/A Vail Comedy Festival1 1 3 3 N/A Vail Yeti Hockey1 1 TBD TBD N/A VRD Lacrosse Shootout1 1 10 10 N/A VRD King of the Mountain1 1 4 4 N/A VRD Running Series1 1 3 3 N/A VRD Mountain Bike Town Series1 1 3 3 N/A VRD Kick It 3v3 - Nat'l Summer Soccer Championship1 1 4 4 N/A Vail Lacrosse Tournament1 1 3 3 N/A Kids Adventure Games 1 5 5 N/A VDR Vail Whitewater Series1 1 5 5 N/A Steadman Clinic Vail Cup1 1 4 4 N/A Vail Gymnastics Classic1 1 2 2 N/A Vail Symposium Winter/Summer Education & Lecture Series1 1 35 35 N/A 10th Mountain Parade1 1 3 3 N/A Sub-Total 27 199 199 36TOTAL43281281106 1 Indicates 3rd Party Produced or Partnered Town of Vail: SIGNATURE EVENTS1 Town of Vail: OTHER EVENTS & ACTIVATIONS1 TOWN OF VAIL SUMMARY OF EVENTSATTACHMENT C BTO Produced Signature Events 5BTO Produced Activity Events 0 Third Party Produced: Signature Events 2Breck Creates: Signature Events 4 Breck Creates: Arts & Culture Events 0Total Events 11 Total Event Days 63# Of Music Events / Days 30 List of Events By Community # of Events # of Days Per Event/Series Total Event Days # of Music Events Lighting of Breckenridge & Race of Santas1 1 1 1 N/A Ullr Fest1 1 3 3 N/A International Snow Sculpture1 1 10 10 N/A Independence Day1 1 1 1 1 Oktoberfest1 1 3 3 3 Breckenridge Wine Classic2 1 3 3 N/A Breckenridge Film Fest2 1 4 4 N/A Sub-Total 7 25 25 4 Breck Creates: Street Art Festival3 1 1 1 N/A Breck Creates: Internationl Festival of the Arts3 1 10 10 N/A Breck Creates: Riverwalk Shows3 1 26 26 26 Breck Creates: Riverwalk 30 Anniversary Carnival3 1 1 1 N/A Sub-Total 4 38 38 26 TOTAL 11 63 63 30 1 Indicates BTO Produced 2 Indicates 3rd Party Produced 3 Breck Creates Creative District Town of Breckenridge / BTO: SIGNATURE EVENTS1,2 Town of Breckenridge / Breck Creates: ARTS & CULTURE EVENTS & ACTIVATIONS2 BRECKENRIDGE / BTO / BRECK CREATES: SUMMARY OF EVENTS ATTACHMENT D Town Produced Signature Events 29Town Produced Activity Events 4 Third Party Signature Events 2Third Party Activity Events 1 Total Events 75 Total Event Days 75 # Of Music Events / Days 38 List of Events By Community # of Events # of Days Per Event/Series Total Event Days # of Music Events Dillon Amp Ticketed Concerts2 26 26 26 26 Concerts Free 1 12 12 12 Dillon Farmer's Market 1 15 15 N/A Lake Dillon Arts Fest1 1 3 3 N/A Lake Dillon Beer Festival 1 1 1 N/A Dillon Fall Fest1 1 2 2 N/A Sub-Total 31 59 59 38 Full Moon Party 1 1 1 N/A Fourth of July 1 1 1 N/A Memorial Day Service 1 1 1 N/A Holiday Lighting 1 1 1 N/A Town Clean Up Day 1 1 1 N/A Dillon Reservoir Dog Sled Race1 1 1 1 N/A Summit Youth Hocky Tournament1 1 2 2 N/A The Lighting of Dillon 1 1 1 N/A Halloween Disc Glow 1 1 1 N/A Movies on the Water 1 6 6 N/A Sub-Total 10 16 16 0TOTAL41757538 1 Indicates 3rd Party Produced or Partnered 2 Includes performances not yet announced TOWN OF DILLON SUMMARY OF EVENTS Town of Dillon: SIGNATURE EVENTS1 Town of Dillon: OTHER EVENTS & ACTIVATIONS1 ATTACHMENT E Town Produced Signature Events 2Town Produced Activity Events 6 Third Party Signature Events 0Third Party Activity Events 0 Total Events 8 Total Event Days 28 # Of Music Events / Days 14 List of Events By Community # of Events # of Days Per Event/Series Total Event Days # of Music Events First Fridays Series 1 12 12 12 Fourth of July 1 1 1 1 Sub-Total 2 13 13 13 Silverthorne Art Strolls 1 3 3 N/A Country Western Dances1 1 8 8 N/A Pumpkin Fest 1 1 1 N/A Brewer's Rock for Rescue1 1 1 1 1 Valentine's Day Comedy Show1 1 1 1 N/A Celebrations Around the World1 1 1 1 N/A Sub-Total 6 15 15 1 TOTAL 8 28 28 14 1 Indicates Indoors at Silverthorne Pavlion Town of Silverthorne: SIGNATURE EVENTS Town of Silverthorne: OTHER EVENTS & ACTIVATIONS1 TOWN OF SILVERTHORNE SUMMARY OF EVENTS ATTACHMENT F BCRC Produced Signature Events 8 BCRC Produced Activity Events 5Third Party Signature Events 1 Third Party Activity Events 10Total Events 24 Total Event Days 50# Of Music Events / Days 19 List of Events By Community # of Events # of Days Per Event/Series Total Event Days # of Music Events Blues, Brews & BBQ 1 3 3 1 Independence Day 1 1 1 1 Oktoberfest 1 3 3 1 Wine & Spirits 1 4 4 1 Winter Culinary Weekend 1 4 4 1 Talons Challenge1 1 2 2 1 NYE 1 1 1 N/A Opening Week: Tree Lighting & Cookie Comp. 1 2 2 1 BC Unplugged 1 12 12 12 Sub-Total 9 32 32 19 VRD Snowshoe/Running Races1 6 6 6 N/A Halloween 1 1 1 N/A Birds of Prey1 1 3 3 N/A Hike Wine & Dine 1 2 2 N/A XTERRA1 1 3 3 N/A Howard Alan Arts Festival1 1 3 3 N/A Sub-Total 11 18 18 0 TOTAL 20 50 50 19 1 Indicates 3rd Party Produced or Partnered BEAVER CREEK RESORT COMPANY SUMMARY OF EVENTS Beaver Creek Resort Company: SIGNATURE EVENTS1 Beaver Creek Resort Company: OTHER EVENTS & ACTIVATIONS1 ATTACHMENT G Town Produced Signature Events 9 Town Produced Activity Events 14 Third Party Signature Events 0 Third Party Activity Events 0Total Events 23Total Event Days 53 # Of Music Events / Days 16 List of Events By Community # of Events # of Days Per Event/Series Total Event Days # of Music Events Wassail Days 1 6 6 N/A Fall Fest & Arts at Altitude 1 3 3 1 Frisco's Fabulous 4th of July 1 1 1 1 Turkey Day 5k 1 1 1 N/A Frisco Triathlon 1 1 1 N/A Frisco Gold Rush 1 1 1 N/A Frisco Tree Lighting 1 1 1 N/A Thursday Concerts in the Park 1 12 12 12 Signature Music Event 1 1 1 1 Sub-Total 9 27 27 15 Rock the Dock 1 1 1 1 Mardi Gras 4Paws 1 1 1 N/A Frisco Girls on the Run 5K 1 1 1 N/A Trick or Treat on Main Street 1 1 1 N/A Easter Egg Hunt 1 1 1 N/AFrisco History Day 1 1 1 N/A Town Clean Up 1 1 1 N/A Kid's Sand Castle Competition 1 1 1 N/A Up & At 'Em Norice Series1 1 5 5 N/A Eat, Ski & Be Merry1 1 1 1 N/A BrewsSki1 1 1 1 N/A Bubble Gum Ski Race Series1 1 6 6 N/A Mountain Goat Kids Trail Running Series1 1 4 4 N/A Run the Rockies Trail 10K & Half Marathon1 1 1 1 N/A Sub-Total 14 26 26 1 TOTAL 23 53 53 16 1 Indicates Rec. Department produced at Frisco Adventure Park Town of Frisco: SIGNATURE EVENTS TOWN OF FRISCO SUMMARY OF EVENTS Town of Frisco: OTHER EVENTS & ACTIVATIONS1 ATTACHMENT H Town Produced Signature Events 3 Town Produced Activity Events 0Third Party Signature Events 6Salida Creative District Signature Events 2 Third Party Activity Events 5Salida Creative District Activity Events 8Total Events 24 Total Event Days 63 # Of Music Events / Days 16 List of Events By Community # of Events # of Days Per Event/Series Total Event Days # of Music Events FIBArk Whitewater Festival1 1 4 4 4 Bluegrass on the Arkansas1 1 2 2 2 Salida Bike Fest 1 3 3 N/A Salida Art Walk1 1 3 3 N/A Fourth of July Celebration 1 1 1 1 Salida Fiber Festival1 1 2 2 N/A Salida Wine Festival1 1 2 2 N/A Salida Riverside Art & Music Festival1 1 2 2 N/A Christmas Mountain Lighting & Parade of Lights 1 1 1 N/A Creative District: Summer Concert Series in Riverside Park2 1 6 6 6 Creative District at Steam Plant: Salida Jazz Festival2 1 3 3 3 Sub-Total 11 29 29 16 Art Valley Pride1 1 3 3 N/A New Year's Day 5K 1 1 1 N/A Angel of Shavano Car Show1 1 1 1 N/A Halloween Night1 1 1 1 N/A Christmas Mountain Run1 1 1 1 N/A Creative District at Steam Plant: Annual Brewers Rendezvous2 1 2 2 N/A Creative District at Steam Plant: Artist Openings & Pop-Up Shows2 1 6 6 N/A Creative District at Steam Plant: Holiday Open House2 1 1 1 N/A Creative District at Steam Plant: Monthly Film Series2 1 12 12 N/A Creative District at Steam Plant: Kick off to FIBArk2 1 1 1 N/A Creative District at Steam Plant: Oktoberfest2 1 1 1 N/A Creative District at Steam Plant: Salida Film Festival2 1 3 3 N/A Creative District at Steam Plant: Travelogues2 1 1 1 N/A Sub-Total 13 34 34 0 TOTAL 24 63 63 16 1 Indicates 3rd Party Produced, Chamber of Commerce, or other non-profit 2 Salida Creative District - Not vetted with District Staff CITY OF SALIDA / CREATIVE DISTRICT: SUMMARY OF EVENTS City of Salida / Salida Creative District: SIGNATURE EVENTS1,2 City of Salida / Salida Creative District: ARTS & CULTURE EVENTS & ACTIVATIONS1,2 ATTACHMENT I Town Produced Signature Events 2 Town Produced Activity Events 9 Third Party Signature Events 3Third Party Activity Events 5Total Events 19 Total Event Days 53 # Of Music Events / Days 32 List of Events By Community # of Events # of Days Per Event/Series Total Event Days # of Music Events Salute to the USA 1 1 1 1 AvonLIVE !1 11 11 11 Triple Bypass1 1 1 1 1 Avon Arts Celebration1 1 2 2 N/A Man of the Cliff1 1 2 2 N/A Sub-Total 5 17 17 13 Fireworks in Avon 1 1 1 N/A Egg Hunt 1 1 1 N/A Ultimate Apres Avon1 1 1 1 1 Town Clean Up & Sustainability Fair 1 1 1 N/A SunsetLIVE!1 14 14 14 Pride in the Park1 1 1 1 N/A SunsetSUP Races 1 2 2 N/A Dancing in the Park1 1 1 1 N/A Lakeside Cinema 1 9 9 N/A Vail Valley Brew-Au1 1 1 1 1 XTERRA Championships1 1 1 1 1 Summer's End Concert 1 1 1 1 Paddle Battles 1 1 1 N/A Community Picnic 1 1 1 1 Sub-Total 14 36 36 19 TOTAL 19 53 53 32 1 Indicates 3rd Party Produced or Partnered TOWN OF AVON SUMMARY OF EVENTS Town of Avon: SIGNATURE EVENTS1 Town of Avon: OTHER EVENTS & ACTIVATIONS1 ATTACHMENT J ATTACHMENT K Proposed 2024 Avon Events Calendar January February March April S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 14 15 16 17 18 19 20 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 21 22 23 24 25 26 27 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 28 29 30 31 May June July August S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 1 2 3 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 31 30 September October November December S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 29 30 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Legend: Town of Avon Signature Events Town of Avon Activity Events Third Party Produced Signature Events Third Party Produced Activity Events New Town of Avon Signature Events Events: JANUARY January 13 | Fireworks APRIL March 30 | Egg Hunt APRIL April 6 | Ultimate Après Avon MAY May 22 | Town Clean Up & Sustainability Fair May 26 | SunsetLIVE! JUNE June 1 | Pride in the Park June 2, 9, 16, 23, 30 | SunsetLIVE! June 12 | AvonLIVE!: Battle Bands June 18-20 | Lacrosse June 19, 26 | AvonLIVE! June 22 | Best of the West June 28 | SunsetSUP! JULY July 3 | Salute to the USA July 5, 12, 19, 26 | LS Cinema July 7, 14, 21, 28 | SunsetLIVE! July 10, 17, 24, 31 | AvonLIVE! July 20 | Triple Bypass July 26 | SunsetSUP! July 27-28 | Avon Arts Celebration AUGUST August 1 | Dancing in the Park August 7, 14, 21, 28 | AvonLIVE! August 4, 11, 18, 25 | SunsetLIVE! August 2, 9, 16, 23, 30 | LS Cinema August 19 | Vail Valley Brew-Au August 23-24 | Xterra SEPTEMBER September 1 | Paddle Battles September 1 | SunsetLIVE! September 2 | Summer’s End Concert September 12 | Community Picnic September 21 | Heart & Soul OCTOBER October 5-6 | Vail Valley Soccer October 12 13 | Man of the Cliff 970-748-4055 swright@avon.org TO: FROM: RE: DATE: Honorable Mayor Phillips and Council members Eric Heil, Town Manager; Scott Wright, Finance Director 2023 Supplemental Budget Amendment, Resolution 23-06 April 21, 2023 SUMMARY: The Town of Avon’s financial practice to adopt a supplemental budget amendment in order to update beginning fund balance estimates and generally recognize revisions to the budget that were not identified at the time the budget was originally adopted. These resolutions amend the General Fund, Community Housing Fund, Water Fund, Mobility Fund, Fleet Maintenance Fund, Equipment Replacement Fund, and Capital Projects Fund. FINANCIAL CONSIDERATIONS: Below is a summary of the proposed budget revisions and the estimated impacts to fund balances. General Fund: The General Fund is estimated to have a surplus from the 2022 Amended Budget of approximately $3.3 million. Actual revenues exceeded estimates by approximately $1,260,000 and expenditures were under budget by approximately $1,978,000. The result is an ending fund balance in 2022 of $17.4 million, of which $11.1 million is unreserved and undesignated. A total increase of $708,173 is proposed to the General Fund to implement pending programs, respond to change circumstances, and include expenditures which were not identified and included during the 2023 Budget process last fall. The following are proposed revisions to expenditure appropriations in the General Fund: 1.Personnel Competitive Compensation Adjustment. Increase of $343,727 in personnel costs toprovide a 5% across-the-board pay increase for full-time and part-time employees effective May 1,2023. The Town Manager continues to monitor and evaluate compensation adjustments from peercommunities including direct employment competitors to the Town of Avon in Eagle County.Compensation strategies have been evolving in the region to address higher cost of living, inflationand current competitive employment market. The market adjustment for employees at this timeresponds to increased compensation and increased salary ranges adopted by competitoremployers in Eagle County. The Town of Avon’s Employ Policy is not to match or lead salaries ofdirect employment competitors, but to follow closely. This adjustment is intended to stay within areasonable range of other employers to maintain the Town of Avon’s retention rate. 2.Human Resource Generalist. Increase of $52,258 related to the hiring of an additional full-time positionin Human Resources in response to the demand and need of services from HR, related to talentmanagement (recruitment and retention) oversight of compensation & benefits, legal compliance, andemployee relations. Current staffing levels include one (1) HR Manager and two (2) HR Generalist Ipositions. One of the Generalist positions is dedicated to safety and risk programs and services. Theadditional Generalist position would assist with daily routine HR tasks and functions to support the overallorganization. The Society for Human Resource Management recommends a Human Resource staffinglevel of 3.5 full-time positions for 100 employees. The Town of Avon has 115 employees and 75 part-time employees. The Human Resource Division also oversees risk management, which includes safetytraining, risk assessment and coordinating with our insurer, Colorado Intergovernmental Risk SharingAssociation (CIRSA). The cost for wages and benefits for a full-time position for six months$52,258. The annual cost for this position is estimated to be $105,000. 970-748-4055 swright@avon.org 3. Part-Time Sustainability Coordinator: Increase of $36,966 for the addition of a part-time sustainability position to assist with the Sustainability workload, program and goals. 4. DDA Consultant Costs: Increase of $125,000 for professional services related to establishment of a DDA, including $70,000 for consultant work related to Business Lessee outreach and eligible voter stakeholder involvement; $30,000 for financial analysis and projections; $5,000 for appraisals; $10,000 for conceptual public parking structure design related to public-private partnerships; and $10,000 for miscellaneous work. 5. Employee Carpool Pilot Program: Increase of $30,000 for carpool mileage reimbursement program related to Employee Carpool Pilot Program to reduce overall vehicle miles travelled. 6. E-Bikes: Increase of $19,600 for the carryover of unspent funds for the e-bike rebate incentive program. 7. Snow Removal Equipment: Increase of $66,296 for an additional Toro Groundsmaster for clearing sidewalks and the ice rink. 8. Automatic License Plate Reader: Increase of $22,800 for the ALPR program previously approved by the Town Council. ALPR is a force multiplier that can be a very effective community public safety defense tool. ALPR cameras can detect stolen vehicles, stolen license plates, associated arrest warrants, suspected illegal narcotic transportation vehicles, AMBER (missing, abducted, or endangered child) alerts, SILVER (missing at risk senior citizen) alerts, MEDINA (hit and run vehicle) alerts, Missing Indigenous Persons Alerts and other critical information assisting the Avon Police Department (APD) in taking proactive measures to protect our community and also provide for enhanced officer safety. 9. Police Radios: Increase of $6,000 for annual radio system use due to the addition of 6 police patrol vehicles as take-home vehicles. 10. Police Vehicles: Increase of $10,435 for unanticipated increases in police vehicle “uplift” charges. 11. Sustainability Fair: Increase of $4,999 for a Sustainability Fair scheduled for Wednesday, May 24, 2023.from 4:30 pm to 7:30 pm. 12. Employee Recruitment: Increase of $5,000 for Director and manager recruitment expenses. 13. Customer Service Training: Increase of $5,000 for town-wide customer service training as part of a new program branded “Committed to Community” to establish minimum expectations for all Town of Avon employees when interacting with the public. 14. Landscaping: Increase of $25,000 landscaping and planting materials and to replace trees that were removed. 15. Child Care Grant: Increase of $7,970 for the carryover of the grant from Colorado Dept. of Human Services for a Child Care Operations and Stabilization and Sustainability. 16. DocuSign: Increase of $5,830 for additional DocuSign services due to the increased volume of usage and contracts administered by the Town. 17. Employee Housing HOA Dues: Increase of $4,200 for HOA dues for the new employee housing unit at the Metcalf Lofts. 18. Computer Replacements: Increase of $24,850 for computer desktop replacements and laptops that were not included in the original 2023 budget. 970-748-4055 swright@avon.org Revenue Increases: The following are proposed revisions to revenue estimates: • Increased grant revenues in the amount of $22,970 for the carryover of the grant from Colorado Dept. of Human Services for a Child Care Operations and Stabilization and Sustainability. Decreased Youth Program revenues in the amount of $15,000 for discounts offered in this program. The revised 2023 ending fund balance of the General Fund reports a total of $19,206,398. A reserve of 27% is $7,090,314, the 3% TABOR emergency reserve is $980,080, and the remaining amount of $11,136,004 is undesignated and unreserved and can be used for any legal purpose. This is an increase of $2,374,164 in unreserved fund balances from the original 2023 budget. Capital Projects Fund: The changes to the Capital Project Fund are as follows: • Carried-forward of all unspent, active project budgets from 2022 to 2023, totaling $3,506,285. • Net additions to project budgets totaling $1,006,686. Two of these project budget increases have previously been approved by Council including the West B/C Blvd. Asphalt Overlay project ($489,513) and the Nottingham-Puder Ditch Piping project ($293,847). • Other project budget increases include the following: o $50,000 for enhancement to Town Hall stairwells and additional furniture, cabinets and staff tables in Council Chambers. o $50,000 for ARTF roof repair. o $32,764 for the Recreation Center Sauna / Steam Room Remodel. o $30,000 for public art. o $23,791 for West B/C Blvd. concrete repairs. o $43,820 for the Metcalf Road culvert repair. o $285,000 for Asphalt Seal Coating Roadway and Parking Lots. • Projects that were cancelled or otherwise reduced include the following: o Cancelled the Pavilion Ramp project of $100,000 o Cancelled the remaining Beach Expansion Planning project for $19,135. o Cancelled the remaining GIS Implementation for $172,824 The following are proposed revisions to revenue estimates: • Revised the CDOT Revitalize Main Street and Multimodal Transportation grants to reflect the actual award letters. These grants were increased by a net total of $800,000. • Added Eagle County contributions towards the Hwy 6 & Stonebridge Rd. Roundabout project in the amount of $200,000. • Added a Colorado Water Conservation Board grant of $60,000 for the Irrigation Replacement Design project. • Increased the operating transfer-in from the Water Fund for the Nottingham-Puder Ditch Piping project. The revised 2023 ending fund balance of the Capital Projects Fund shows a total of $2,001,241 which is $707,213 higher than the original projected ending fund balance for 2023. Of this amount, $451,280 is reserved for asphalt overlay projects in the Village at Avon, $844,108 is reserved for Tract G/URA projects. The remaining amount of $1,157,133 can be used for capital improvements as defined by the municipal code and up to 10% of real estate transfer tax revenues can be transferred to the Community Housing 970-748-4055 swright@avon.org Fund. Staff has not revised our projections for real estate transfer taxes for 2023. However, staff expects to see significant revenues from the units being sold at Lot 1 at the Riverfront, and at Frontgate. We will continue to evaluate these revenues are make any recommended revisions later in the year. Community Housing Fund: The revisions to the Community Housing Fund are as follows: • Decrease of $4,912 in bond issuance fees due to the refinancing of the Kayak Crossing conduit debt originally issued under the Town’s tax-exempt status. • Increase of $273,750 in Mi Casa deed restriction program in order to carryover prior year unspent amounts. • Increase of $26,743 for unspent Community Housing planning project budgets from 2022. The revised beginning fund balance of the Community Housing Fund shows a total of $1,606,881 which is $434,116 higher than the original projected beginning fund balance for 2023. Revised projected ending fund balance for 2023 is $547,740. Mobility Fund: Revisions to the Mobility Fund include the following items: • Increase of $31,494 in personnel costs in order to provide a 5% across-the-board pay increase for full-time and part-time employees effective May 1, 2023. • Increase of $6,914 for maintenance contracts for EV chargers. Projected ending fund balance for 2023 is $415,554. Fleet Maintenance Fund: Revisions to Fleet Maintenance include the following: • Increase of $23,307 in personnel costs in order to provide a 5% across-the-board pay increase for full-time and part-time employees effective May 1, 2023. The Fleet Maintenance Fund reports a revised 2023 ending fund balance of $403,269. Equipment Replacement Fund: Revisions to the Equipment Replacement Fund include the following items: • Increase of $1,200 for the cost of 1 VW ID4 electric vehicle. • Increase of $13,722 in the cost of 2 Chevrolet pickups with plows for the Public Works department that were ordered in 2022. • Increase of $35,918 for the additional cost of radios and increases in upfitting for the 6 new take home police patrol vehicles. • Increase of $40,525 for the Public Works lift truck that was ordered in 2021. • Increase of $17,532 to accommodate and increase in cost to replace a Bobcat Toolcat with a Bobcat Skidsteer. Skidsteers are a stronger piece of equipment and should have lower maintenance costs than the current Toolcats. • Increase of $12,000 for the replacement of the UHF Antenna in Wildridge. The antenna was up for replacement in 2023 but was not budgeted and is needed for continued radio communication and serves as an emergency backup for the 800 MHZ radio system. The Equipment Replacement Fund reports a revised 2023 beginning fund balance of $4,219,735 which is an increase of $114,870 from the original budget and a revised 2023 ending fund balance of $3,684,925. 970-748-4055 swright@avon.org Paper Bag Fee Fund: Revisions to the Paper Bag Fee Fund include the following: • Increase of $5,000 for funding the E-Waste recycling event at the Sustainability Fair on May 24. • Carryover of $36,567 for trash/recycling bins. These bins were ordered in 2022 but did not arrive until January, 2023. The Paper Bag Fee Fund reports a revised 2023 beginning fund balance of $167,988 which is an increase of $41,567 from the 2023 original budget and a revised 2023 ending fund balance of $147,581. Water Fund: Revisions to the Water Fund include the following: • Increase of $75,000 for a turf replacement rebate program See Attachment J – Turf Replacement Rebate report from Jena Skinner. • Increase of $332,835 for transfers out to the Capital Projects Fund for the Nottingham-Puder Ditch piping project. The Water Fund reports a revised 2023 beginning fund balance of $925,520 which is an increase of $210,814 from the 2023 original budget and a revised 2023 ending fund balance of $392,204. PROPOSED MOTION: "I move to approve Resolution No. 23-06, A Resolution Amending the 2023 Town of Avon Budget." Thank you, Scott ATTACHMENTS: Attachment A Resolution No. 2022-08 Attachment B General Fund Supplemental Amendment No. 1 Attachment C Community Housing Fund Supplemental Amendment No. 1 Attachment D Capital Projects Fund Supplemental Amendment No. 1 Attachment E Mobility Fund Supplemental Amendment No. 1 Attachment F Fleet Maintenance Fund Supplemental Amendment No. 1 Attachment G Equipment Replacement Fund Supplemental Amendment No. 1 Attachment H Paper Bag Fee Fund Supplemental Amendment No. 1 Attachment I Water Fund Supplemental Amendment No. 1 Attachment J Turf Replacement Rebate memorandum Res. No. 23-06 April 25, 2023 Page 1 of 3 TOWN OF AVON, COLORADO RESOLUTION NO. 23-06 A RESOLUTION TO AMEND THE 2023 TOWN OF AVON BUDGET WHEREAS, the Town Council of the Town of Avon has previously adopted the 2023 budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2023; and WHEREAS, the Town Council finds it necessary to amend the 2023 budget to more accurately reflect the revenues and expenditures for 2023; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2023: Original or Previously Amended 2023 Budget Current Proposed Amended 2023 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 17,404,663 24,788,612 25,552,248 $ 20,670,237 24,796,582 26,260,421 Ending Fund Balance $ 16,641,027 $ 19,206,398 ATTACHMENT A Res. No. 23-06 April 25, 2023 Page 2 of 3 Original or Previously Amended 2023 Budget Current Proposed Amended 2023 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 10,327,090 8,876,250 17,909,312 $ 1,294,028 $ 14,190,357 10,269,085 22,458,201 $ 2,001,241 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 714,706 762,000 887,481 $ 589,225 $ 925,520 762,000 1,295,316 $ 392,204 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,172,765 1,831,440 2,595,000 $ 409,205 $ 1,606,881 1,836,352 2,895,493 $ 547,740 Paper Bag Fee Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 102,151 55,000 33,840 $ 123,311 $ 167,988 55,000 75,407 $ 147,581 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 429,071 2,974,280 2,976,775 $ 426,576 $ 429,071 2,974,280 3,000,082 $ 403,269 Mobility Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 1,098,870 3,097,344 3,742,252 $ 453,962 $ 1,098,870 3,097,344 3,780,660 $ 415,554 ATTACHMENT A Res. No. 23-06 April 25, 2023 Page 3 of 3 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2023 Budget $ 4,104,865 1,923,839 2,392,151 Current Proposed Amended 2023 Budget $ 4,219,735 1,989,757 2,512,988 Ending Fund Balance $ 3,636,553 $ 3,684,928 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 25th April, 2023. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A Proposed Original Amended Difference Actual Budget Budget Increase 2022 2023 2023 (Decrease) REVENUES Taxes 20,200,018$ 19,802,741$ 19,802,741$ -$ Licenses and Permits 1,506,307 378,450 378,450 - Intergovernmental 1,336,937 1,254,455 1,277,425 22,970 Charges for Services 2,449,480 1,775,293 1,760,293 (15,000) Fines and Forfeitures 28,191 38,700 38,700 - Investment Earnings 557,726 480,000 480,000 - Other Revenue 486,654 458,500 458,500 - Total Operating Revenues 26,565,313 24,188,139 24,196,109 7,970 Other Sources Transfer-In From Capital Projects Fund 494,593 600,473 600,473 - Total Other Sources 494,593 600,473 600,473 - TOTAL REVENUES 27,059,906$ 24,788,612$ 24,796,582$ 7,970$ EXPENDITURES General Government, HR and Finance 5,530,992$ 6,911,320$ 7,299,907$ 388,587$ Community Development 624,153 1,100,608 1,041,531 (59,077) Public Safety 4,844,069 5,177,982 5,303,412 125,430 Public Works 5,830,958 8,169,475 8,357,185 187,710 Recreation 1,992,058 2,692,863 2,758,386 65,523 Total Operating Expenditures 18,822,230 24,052,248 24,760,421 708,173 Other Uses Transfers-Out to Capital Projects Fund 535,000 - - - Transfers-Out to Mobility Fund 1,300,000 1,300,000 1,300,000 - Transfers-Out to Fleet Maintenance Fund 300,000 200,000 200,000 - Total Other Uses 2,135,000 1,500,000 1,500,000 - TOTAL EXPENDITURES 20,957,230 25,552,248 26,260,421 708,173 NET SOURCE (USE) OF FUNDS 6,102,676 (763,636) (1,463,839) (700,203) FUND BALANCES, Beginning of Year 14,567,561 17,404,663 20,670,237 3,265,574 FUND BALANCES, End of Year 20,670,237$ 16,641,027$ 19,206,398$ 2,565,371$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 980,080$ 980,080$ 980,080$ -$ Assigned For: Carryover of Fleet Purchases 846,673 - - - Unassigned: 27% Minimum Reserve Balance 5,514,002 6,899,107 7,090,314 191,207 Undesignated, Unreserved 13,329,482 8,761,840 11,136,004 2,374,164 TOTAL FUND BALANCES 20,670,237$ 16,641,027$ 19,206,398$ 2,565,371$ Fund Summary General Fund #10 Supplemental Amendment #1 ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2022 2023 2023 (Decrease) Taxes: General Property Tax 2,107,961$ 2,083,188$ 2,083,188$ -$ General Property Tax - Delinquencies 8 500 500 - General Property Tax - Interest 2,391 1,900 1,900 - General Property Tax - Abatements (913) - - - Specific Ownership Tax 130,200 130,000 130,000 - Sales Tax 13,186,146 12,730,885 12,730,885 - Utility Tax 139,369 120,000 120,000 - Accommodation Tax 2,494,450 2,671,268 2,671,268 - Penalties and Interest 60,444 50,000 50,000 - Sales Tax Audit Assessments 4,918 50,000 50,000 - VAA Retail Sales Fee 990,605 950,000 950,000 - Cigarette Excise Tax 247,799 245,000 245,000 - Tobacco Add-on Sales Tax 348,917 330,000 330,000 - Franchise Fees 487,723 440,000 440,000 - Total Taxes 20,200,018 19,802,741 19,802,741 - Licenses and Permits: Liquor Licenses 6,130 8,300 8,300 - Business Licenses 177,275 150,000 150,000 - Contractor's Licenses 21,305 18,625 18,625 - Tobacco/Cigarette Licenses 1,250 1,750 1,750 - Booting/Towing Licenses 300 600 600 - Building Permits 1,234,979 190,000 190,000 - Road Cut Permits 64,893 9,000 9,000 - Mobile Vendor Cart Permits 175 175 175 - Total Licenses and Permits 1,506,307 378,450 378,450 - Intergovernmental: Federal Grants: Click It or Ticket - 3,000 3,000 - Ballistic Vests Grant 2,135 2,000 2,000 - State Grants LEAF Grant 12,148 12,500 12,500 - High Visibility Grant 19,820 20,000 20,000 - Colorado POST Grants 43,943 20,000 20,000 - DOLA Grants 15,167 - - - Other State Grants 69,294 - 22,970 22,970 Local Government/Other Agency Other Local Grants 1,307 - - - Revenue Detail General FundSupplemental Amendment #1 ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2022 2023 2023 (Decrease) Revenue Detail General FundSupplemental Amendment #1 State/County Shared Revenue: Conservation Trust 78,579 80,000 80,000 - Motor Vehicle Registration 26,063 26,000 26,000 - Highway User's Tax 197,952 191,805 191,805 - County Sales Tax 712,987 746,750 746,750 - Road & Bridge Fund 155,135 150,000 150,000 - State Severance Tax 2,407 2,400 2,400 - Total Intergovernmental 1,336,937 1,254,455 1,277,425 22,970 Charges for Services: General Government: Photocopying Charges - 100 100 - License Hearing Fees - 100 100 - Other Fees and Charges 1,035 3,500 3,500 - Credit Card and Paper Filing Fees 3,501 2,500 2,500 - Community Development: Plan Check Fees 796,625 120,000 120,000 - Development Review Fees 20,355 15,000 15,000 - Animal Control Fees - 150 150 - Fire Impact Fee Administration Fees 10,428 1,500 1,500 - Public Safety: Police Reports 798 1,000 1,000 - Police Extra Duty 16,911 25,000 25,000 - Fingerprinting Fees 930 500 500 - VIN Inspection Fees 1,695 2,000 2,000 - False Alarm Fees/Misc Police Dept Fees 25 75 75 - DUI Reimbursement 9,620 15,000 15,000 - Avon Recreation Center: Admission Fees 1,159,001 1,100,000 1,100,000 - Program Fees 23,638 30,000 30,000 - Facility Rentals 18,904 4,000 4,000 - Merchandise Sales 6,012 10,000 10,000 - Other Recreation Services 8,802 8,600 8,600 - Fitness Program Revenues 46,094 40,000 40,000 - Swim Team Revenue 47,877 55,000 55,000 - Private Lessons 14,943 30,000 30,000 - ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2022 2023 2023 (Decrease) Revenue Detail General FundSupplemental Amendment #1 General Recreation: Adult Program Revenues 10,950 11,000 11,000 - Cabin Equipment Rentals 35,976 50,000 50,000 - Athletic Field Rentals 500 240 240 - Cabin Concessions - 700 700 - Youth Program Revenues 129,331 165,000 150,000 (15,000) Special Events: Consession Sales 65,092 55,828 55,828 - Sponsorships - 10,000 10,000 - Special Event Fees 13,780 13,500 13,500 - Special Event Admission Fees 2,637 3,000 3,000 - Pavillion Rentals 4,020 2,000 2,000 - Total Charges for Services 2,449,480 1,775,293 1,760,293 (15,000) Fines and Forfeitures: Court Fines - Traffic 21,531 23,000 23,000 - Court Fines - Criminal 1,980 6,500 6,500 - Court Fines - Parking 2,520 3,000 3,000 - Court Costs 550 3,000 3,000 - Jury Fees - 100 100 - Bond Forfeitures - 100 100 - Police Training Surcharge 1,610 3,000 3,000 - Total Fines and Forfeitures 28,191 38,700 38,700 - Investment Earnings: 557,726 480,000 480,000 - Other Revenues: Recreational Amenity Fees 335,325 330,000 330,000 - Lease of Town-Owned Property 4,617 3,500 3,500 - Miscellaneous Nonclassified Revenues 146,712 125,000 125,000 - Total Other Revenues 486,654 458,500 458,500 - TOTAL REVENUES 26,565,313$ 24,188,139$ 24,196,109$ 7,970$ ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2022 2023 2023 (Decrease) General Government: Mayor and Town Council 282,902$ 285,244$ 286,744$ 1,500$ Town Attorney 157,152 245,000 245,000 - Town Clerk 32,592 162,701 168,801 6,100 Municipal Court 197,876 228,333 235,999 7,666 Administrative Services 693,057 831,640 853,536 21,896 Community Relations 264,658 349,766 355,857 6,091 Economic Development 159,981 282,170 433,770 151,600 Special Events 1,003,545 1,247,371 1,259,666 12,295 Community Grants 96,950 120,250 120,250 - Sustainability - 191,212 263,926 72,714 Subtotal General Government 2,888,713 3,943,687 4,223,549 279,862 Human Resources: Human Resources 715,513 596,534 660,988 64,454 Finance and Information Technology: Finance 992,791 1,213,846 1,242,371 28,525 Information Systems 519,277 612,770 627,244 14,474 Nondepartmental 414,698 544,483 545,755 1,272 Subtotal Finance and IT 1,926,766 2,371,099 2,415,370 44,271 Total General Government, HR and Finance 5,530,992 6,911,320 7,299,907 388,587 Community Development: Planning and Zoning Commission 11,047 17,093 17,093 - Planning 389,573 580,727 511,643 (69,084) Building Inspection 223,533 502,788 512,795 10,007 Total Community Development 624,153 1,100,608 1,041,531 (59,077) ... Police Department: Administration 925,081 998,762 1,019,027 20,265 Patrol 3,602,828 3,865,033 3,963,413 98,380 Investigations 316,160 314,187 320,972 6,785 Total Police Department 4,844,069 5,177,982 5,303,412 125,430 Department Expenditure Summaries MUNICIPAL SERVICESGeneral Fund ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2022 2023 2023 (Decrease) Department Expenditure Summaries MUNICIPAL SERVICESGeneral Fund Public Operations: Administration 10,465 355,469 366,616 11,147 Engineering 423,378 758,538 772,917 14,379 Roads and Bridges 2,909,455 3,986,003 4,032,120 46,117 Parks 815,894 1,040,806 1,132,102 91,296 Buildings and Facilities 1,671,766 2,028,659 2,053,430 24,771 Total Public Works Department 5,830,958 8,169,475 8,357,185 187,710 Recreation Department: Administration 266,149 237,923 241,941 4,018 Adult Programs 28,341 63,249 64,640 1,391 Aquatics 626,285 905,307 927,437 22,130 Fitness 234,453 310,386 314,107 3,721 Guest Services 509,083 594,290 607,987 13,697 Youth Programs 132,811 358,698 374,486 15,788 Communtiy Swim Program 194,936 223,010 227,788 4,778 Total Recreation 1,992,058 2,692,863 2,758,386 65,523 TOTAL OPERATING EXPENDITURES 18,822,230$ 24,052,248$ 24,760,421$ 708,173$ ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase 2022 2023 2023 (Decrease)REVENUES Taxes: Short-term Rental Tax 1,122,653$ 1,030,000$ 1,030,000$ -$ Intergovernmental: State Grants 21,235 - - - Charges for Services: Rental Revenues - Employees 49,068 57,569 57,569 - Other Revenue: Bond Issuance Fees 23,163 9,000 13,912 4,912 Total Operating Revenues 1,216,119 1,096,569 1,101,481 4,912 Other Sources Operating Transfers-In 597,699 734,871 734,871 - Total Other Sources 597,699 734,871 734,871 - TOTAL REVENUES 1,813,818 1,831,440 1,836,352 4,912 EXPENDITURES General Government: Community Housing Capital Projects: CHF10001 - Swift Gulch Housing - 63199 35,337 - - - CHF10001 - Swift Gulch Housing - 63402 184,485 704,000 716,972 12,972 CHF10001 - Swift Gulch Housing - 63403 61,772 - - - CHF10001 - Swift Gulch Housing - 63999 3,700 - - - CHF10002 - East Parcel - 63999 4,164 - - - CHF10002 - East Parcel - 63402 9,595 90,000 96,241 6,241 CHF10003 - Inventory - 63199 42,470 -7,530 7,530 CHF10003 - Inventory - 63999 - - - - Mi Casa Deed Restriction Program 1,164,260 1,200,000 1,473,750 273,750 Tract Y Contribution -600,000 600,000 - Community Housing Operating Expenditures 4,461 1,000 1,000 - TOTAL EXPENDITURES 1,510,244 2,595,000 2,895,493 300,493 NET SOURCE (USE) OF FUNDS 303,574 (763,560) (1,059,141) (295,581) FUND BALANCES, Beginning of Year 1,303,307 1,172,765 1,606,881 434,116 FUND BALANCES, End of Year 1,606,881$ 409,205$ 547,740$ 138,535$ Fund Summary Community Housing Fund #25Supplemental Amendment #1 ATTACHMENT C Fund Summary Original Amended Difference Audited Budget Budget #1 Increase 2022 2023 2023 (Decrease) REVENUES Taxes 5,971,192$ 4,500,000$ 4,500,000$ -$ Intergovernmental 45,000 2,200,000 3,260,000 1,060,000 Investment Earnings 145,933 300,000 300,000 - Other Revenue 249,212 - - - Total Revenues 6,411,337 7,000,000 8,060,000 1,060,000 Other Sources: Transfer In from Other Funds 1,570,088 1,876,250 2,209,085 332,835 Total Other Sources 1,570,088 1,876,250 2,209,085 332,835 TOTAL REVENUES AND OTHER SOURCES 7,981,425 8,876,250 10,269,085 1,392,835 EXPENDITURES Capital Improvements: Facilities 2,129,557 3,911,000 5,361,553 1,450,553 Land and Land Improvements 1,465,506 215,000 883,713 668,713 Roads and Streets 848,579 8,924,748 10,799,147 1,874,399 Utility Projects 253,688 1,031,250 1,335,755 304,505 Planning and Consulting 31,544 175,000 243,456 68,456 Communications and Technology 73,437 229,338 375,683 146,345 Debt Service: Capital Leases 55,720 55,720 55,720 - Total Expenditures 4,858,031 14,542,056 19,055,027 4,512,971 Other Uses Operating Transfer-Out - General Fund 494,593 600,473 600,473 - Operating Transfer-Out - Mi Casa Program 597,699 734,871 734,871 - Operating Transfer-Out - Debt Service Fund 959,708 963,142 963,142 - Operating Transfer-Out - Mobility Fund 400,000 200,000 200,000 - Operating Transfer-Out - Fleet Maintenance Fund 195,357 398,766 398,766 - Operating Transfer-Out - Equipment Replacement Fund - 470,004 505,922 35,918 Total Other Uses 2,647,357 3,367,256 3,403,174 35,918 TOTAL EXPENDITURES AND OTHER USES 7,505,388 17,909,312 22,458,201 4,548,889 NET SOURCE (USE) OF FUNDS 476,037 (9,033,062) (12,189,116) (3,156,054) FUND BALANCE, Beginning of Year 13,714,320 10,327,090 14,190,357 3,863,267 FUND BALANCE, End of Year 14,190,357$ 1,294,028$ 2,001,241$ 707,213$ Fund Balances Restricted For: Asphalt Overlay 451,280$ 451,280$ -$ (451,280)$ Assigned For: Tract G/URA Projects 1,155,610 800,610 844,108 43,498 Unreserved 12,583,467 42,138 1,157,133 1,114,995 Total Fund Balances 14,190,357$ 1,294,028$ 2,001,241$ 707,213$ Capital Projects Fund #41Supplemental Amendment #1 ATTACHMENT D Original Amended Difference Account Audited Budget Budget #1 Increase Number Description 2022 2023 2023 (Decrease) Taxes: 51401 Real Estate Transfer Tax 5,943,400$ 4,500,000$ 4,500,000$ - 51304 Penalties and Interest 27,792 - - - 51000 Total Taxes 5,971,192 4,500,000 4,500,000 - Intergovernmental: Federal / State: 53201 CDOT Revitalize Main Street Grant (Hwy 6 Roundabout)- - 2,000,000 2,000,000 53201 CDOT Multimodal Trans. & Mit. Options Fund Grant (Hwy 6 Roun - 2,200,000 1,000,000 (1,200,000) 53299 Colorado Energy Office - 2022 Charge Ahead Grant 45,000 - - - 53299 Colorado Water Conservation Board - - 60,000 60,000 53402 Eagle County Contribution (Hwy 6 Roundabout)- - 200,000 200,000 53000 Total Intergovernmental 45,000 2,200,000 3,260,000 1,060,000 Investment Earnings: 57101 Interest Earnings 145,933 300,000 300,000 - 57000 Total Investment Earnings 145,933 300,000 300,000 - Other Revenues: 58209 Contributed Infrastructure & Improvements (McGrady Acres Park 248,507 - - - 58999 Miscellaneous Nonclassified Revenue 705 - - - 58000 Total Other Revenues 249,212 - - - Other Sources: Transfers In - General Fund 59201 - Purchase of Employee Housing 535,000 - - - Transfer In from Avon URA: 59201 Tract G Projects 1,000,000 1,000,000 1,000,000 - Transfer in from Community Enhancement Fund 59201 Powerline Undergrounding - 120,000 120,000 - Transfer in from Water Fund 59201 Nottingham-Puder Ditch Piping 23,512 756,250 1,089,085 332,835 Transfer in from Equipment Replacement Fund 59201 Diving Board and Water Slide 11,576 - - - 59000 Total Other Sources 1,570,088 1,876,250 2,209,085 332,835 50000 TOTAL REVENUES 7,981,425$ 8,876,250$ 10,269,085$ 1,392,835$ Revenue Detail Capital Projects Fund #41Supplemental Amendment #1 ATTACHMENT D (1)(2)(3)(4)(1+2+4) Revised 2021 and Original Amended Estimated Difference Account Prior Audited Budget Budget #1 Project-to-Date Increase Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11019 Utility Upgrade 450,733$ 32,945$ -$ -$ 483,678$ 470,845$ 470,845$ -$ 11023 New Town Hall 2nd and 3rd Floor Updates 36,758 65,846 - - 102,604 130,000 130,000 - 11025 H.A. Nottingham Park East Improvements 58,556 261,311 2,000,000 2,530,570 2,850,437 2,850,000 2,850,000 - 11028 Office Furniture 27,184 68,435 50,000 107,565 203,184 153,184 203,184 50,000 11029 Building Access Control - - - 70,000 70,000 70,000 70,000 - 11030 Town Hall Front Entry ADA Access - 13,225 - 11,775 25,000 25,000 25,000 - 11031 511 Metcalf Road #G20 - 537,519 - - 537,519 535,000 535,000 - 11032 Building Door Replacements - - 105,000 105,000 105,000 105,000 105,000 - Public Safety Facilities: 12006 PSF Parking Lot Canopy Design 14,153 5,847 - - 20,000 20,000 20,000 - 12007 Wildridge Emergency Warning Siren 28,436 194,984 - 133,016 356,436 356,436 356,436 - Public Works Facilities: 13014 Public Works Facilities Expansion Planning - 14,774 500,000 585,226 600,000 600,000 600,000 - Fleet and Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 10,500 - 440,000 449,500 460,000 460,000 460,000 - 14019 Bus Shelters (6)- 436,350 - 26,150 462,500 462,500 462,500 - 14020 Fleet Maintenance - HVAC / AC - - - 25,000 25,000 25,000 25,000 - 14021 ARTF Roof Improvements / Snow - 44,860 - - 44,860 50,000 50,000 - 14022 ARTF Roof Repair - 75,701 - 64,299 140,000 90,000 140,000 50,000 14023 ARFT - Overhead Door Replacement - - 105,000 105,000 105,000 105,000 105,000 - 14024 ARTF - BAS / HVAC PM - - 165,000 165,000 165,000 165,000 165,000 - 14025 ARTF - HVAC Separation - - 150,000 170,000 170,000 170,000 170,000 - 14026 ARTF - Bus Wash Exit - - 125,000 125,000 125,000 125,000 125,000 - Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #412022 Supplemental Amendment #1 ATTACHMENT D (1)(2)(3)(4)(1+2+4) Revised 2021 and Original Amended Estimated Difference Account Prior Audited Budget Budget #1 Project-to-Date Increase Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #412022 Supplemental Amendment #1 Cultural and Recreational Facilities: 15019 Pavilion - Deck Railing and Floor Replacement 397,153 18,161 - - 415,314 425,600 425,600 - 15021 Recreation Center Locker Replacement 303,412 27,027 - - 330,439 330,439 330,439 - 15023 Recreation Center HVAC Upgrade 7,500 44,945 - 197,555 250,000 250,000 250,000 - 15024 Recreation Center ADA Parking 865 19,135 - - 20,000 20,865 20,865 - 15025 Metcalf Family Cabin Feasibility Analysis - - 20,000 20,000 20,000 20,000 20,000 - 15028 Recreation Center Pool Replastering 202,980 1,160 - - 204,140 205,000 205,000 - 15029 Recreation Center Aquatics Remodel Plan and Design - - - 50,000 50,000 700,000 700,000 - 15030 Pavilion Ramp - - - - - 100,000 - (100,000) 15031 Water Slide Repair and Diving Board - 33,070 - - 33,070 45,788 45,788 - 15032 Sauna / Steam room Remodel - 7,867 - 99,897 107,764 75,000 107,764 32,764 Public Art - "Mother's Pride"- - - 30,000 30,000 - 30,000 30,000 Other Facilities: 19008 EV Charging Stations (6)- 226,395 - - 226,395 257,500 257,500 - 19009 2120 Saddle Ridge Loop Window Replacement - - - 40,000 40,000 40,000 40,000 - 19010 Heat Recovery Controls Replacement - - 251,000 251,000 251,000 251,000 251,000 - Land and Land Improvements: 21027 O'Neil Spur Park Improvements Design - - - 20,000 20,000 20,000 20,000 - 21053 Nottingham Park West Courts Reconstruction 24,853 1,384,494 - - 1,409,347 1,432,523 1,432,523 - 21054 Wildland Fire Mitigation - 40,000 40,000 40,000 NA NA NA - 21055 Power Line Undergrounding 333 1,200 - 118,467 120,000 120,000 120,000 - 21057 O'Neil Spur Park Parking Lot Rebuild - - - - - 100,000 - (100,000) 21058 North Restrooms - Nottingham Lake Beach 19,942 39,812 - 480,246 540,000 540,000 540,000 - 21061 Beach Expansion Planning 865 - - - 865 20,000 865 (19,135) 21062 Nottingham Park - Irrigation Replacement Design - - 75,000 125,000 125,000 125,000 125,000 - ATTACHMENT D (1)(2)(3)(4)(1+2+4) Revised 2021 and Original Amended Estimated Difference Account Prior Audited Budget Budget #1 Project-to-Date Increase Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #412022 Supplemental Amendment #1 21063 Saddleridge Park Refresh - - 25,000 25,000 25,000 100,000 100,000 - 21064 Park Water Fountain Replacement - - 75,000 75,000 75,000 75,000 75,000 - Roads and Streets: Streetscape Improvements: 31030 Mall Activation Elements 16,701 9,878 - 13,421 40,000 40,000 40,000 - 31031 Avon Rd./I70 Aesthetics Improvements 908,093 227,576 - - 1,135,669 1,150,000 1,150,000 - 32035 Metcalf Road - Retaining Wall Stabilization - - - 80,000 80,000 80,000 80,000 - Street Improvements: Annual Street Maintenance and Repair: 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.6,179 1,263 50,000 192,558 200,000 200,000 200,000 - 32030 Avon Road Safety Improvements - 69,196 150,000 150,000 NA NA NA - 32032 Hurd Lane Intersection Improvements 7,030 2,927 - - 9,957 20,000 20,000 - 32033 W. B/C Blvd. - US Hwy 6 to Avon Elem.- 29,470 830,000 1,320,043 1,349,513 860,000 1,349,513 489,513 32034 Buck Creek Repairs 580,467 2,518 - - 582,985 800,000 800,000 - 32036 Fawcett Road Asphalt Overlay - 25,456 440,000 414,544 440,000 440,000 440,000 - 32037 W. B/C Blvd. - Concrete Repairs - - - 223,701 223,701 200,000 223,701 23,701 32038 Metcalf Road Culvert Repair 41,610 2,210 - 450,000 493,820 450,000 493,820 43,820 32040 Metcalf Road Manhole Repair - 15,055 - - 15,055 14,000 14,000 - 32041 Millie's Lane Asphalt Overlay - 42,653 - - 42,653 46,523 46,523 - 32042 East Beaver Creek Blvd. Repair Project - 28,806 - - 28,806 28,806 28,806 - 33220 Annual Guard Rail Improvements 45,703 6,230 40,000 40,000 NA NA NA - 33221 Asphalt Seal Coat Roadway & Parking Lots - - 200,000 485,000 485,000 200,000 485,000 285,000 32043 Upper Buck Creek Repairs / Asphalt Overlay - - 1,292,748 1,292,748 1,292,748 1,292,748 1,292,748 - 32044 Swift Gulch Road - Buffalo Ridge Asphalt Overlay - - 60,000 60,000 60,000 673,474 673,474 - 32045 Old Trail Road Asphalt Overlay - - 63,000 63,000 63,000 689,701 789,701 100,000 ATTACHMENT D (1)(2)(3)(4)(1+2+4) Revised 2021 and Original Amended Estimated Difference Account Prior Audited Budget Budget #1 Project-to-Date Increase Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #412022 Supplemental Amendment #1 32046 WBCB River Bridge Deck Repair Railing Upgrade - - 225,000 250,000 250,000 250,000 250,000 - 32047 Avon Road Pedestrian Crosswalk Repairs - - 50,000 50,000 50,000 50,000 50,000 - Multi-Modal/Alternative Mobility: 32039 US Hwy 6 & Stonebridge Rd. Roundabout - 369,712 4,200,000 4,230,288 4,600,000 4,600,000 4,600,000 - 34044 June Creek Emergency Access 7,127 1,791 - 101,082 110,000 110,000 110,000 - Recreational Trails Program:- 34041 Lee's Way Trail Rebuild - 600 - - 600 50,000 50,000 - 34045 Recreation Trail Path Recon. - Lower Athletic Field - 13,238 794,000 852,762 866,000 866,000 866,000 - 34046 Hurd Lane - Recreation Trail Reconstruction - - 205,000 205,000 205,000 205,000 205,000 - 34047 Eagle Valley Trail - West Reconstruction - - 325,000 325,000 325,000 325,000 325,000 - Utility Projects: 21026 Nottingham Rd. Debris Flow Improvements and Water Qua 376,140 178,000 - 46,670 600,810 600,810 600,810 - 21029 GIS Implementation - Drainage Infrastructure Layers - 52,176 125,000 - 52,176 225,000 52,176 (172,824) 61011 Tract A Drainage Improvements - - - 50,000 50,000 50,000 50,000 - 61012 Nottingham-Puder Ditch Piping - 23,512 756,250 1,089,085 1,112,597 818,750 1,112,597 293,847 61013 330 Nottingham Road Drainage Improvements - - 75,000 75,000 75,000 575,000 575,000 - 61014 400 West Beaver Creek Blvd. Drainage Improvements - - 75,000 75,000 75,000 575,000 575,000 - Planning and Consulting: 79114 Schematic Design / Final Design - W. Main Street - 31,544 175,000 243,456 275,000 275,000 275,000 - Communications and Technology: 81011 Broadband 44,598 - 60,000 80,402 125,000 125,000 125,000 - 81015 Finance/Comm Dev. ERP System 165,055 22,820 - 87,415 275,290 275,290 275,290 - 81016 Mini-split NTH Data Center - 12,070 - - 12,070 20,000 20,000 - ATTACHMENT D (1)(2)(3)(4)(1+2+4) Revised 2021 and Original Amended Estimated Difference Account Prior Audited Budget Budget #1 Project-to-Date Increase Number Description Actuals 2022 2023 2023 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #412022 Supplemental Amendment #1 81019 Microsoft Teams Phone System Migration - 38,547 19,338 25,866 64,413 64,413 64,413 - 81020 Surveillance NVR Server Consolidation and Replacemen - - - 32,000 32,000 32,000 32,000 - 81021 Nottingham Park Wi-Fi Access - - 150,000 150,000 150,000 150,000 150,000 - Total Capital Improvement Projects 3,782,926$ 4,802,311$ 14,486,336$ 18,999,307$ 27,193,415$ 29,649,195$ 30,655,881$ 1,006,686$ ATTACHMENT D Supplemental Original Amended Difference Estimated Budget Budget Increase 2022 2023 2023 (Decrease) REVENUES Taxes 46,004$ 46,003$ 46,003$ -$ Intergovernmental 1,942,000 1,086,000 1,086,000 - Charges for Services 269,625 309,452 309,452 - Other Revenues 191,617 155,889 155,889 - Total Operating Revenues 2,449,246 1,597,344 1,597,344 - Other Sources Transfers In from General Fund 1,300,000 1,300,000 1,300,000 - Transfers In from Capital Projects Fund 400,000 200,000 200,000 - Total Other Sources 1,700,000 1,500,000 1,500,000 - TOTAL REVENUES 4,149,246 3,097,344 3,097,344 - EXPENDITURESAdministration 345,064 335,363 337,326 1,963 Transit Operations 3,534,216 2,799,132 2,825,060 25,928 Washbay 192,996 258,039 261,642 3,603 Mobility Programs 527,295 349,718 356,632 6,914 TOTAL EXPENDITURES 4,599,571 3,742,252 3,780,660 38,408 NET SOURCE (USE) OF FUNDS (450,325) (644,908) (683,316) (38,408) FUND BALANCES, Beginning of Year 1,549,195 1,098,870 1,098,870 - FUND BALANCES, End of Year 1,098,870$ 453,962$ 415,554$ (38,408)$ Fund Summary Mobility Enterprise Fund #52Supplemental Amendment $1 ATTACHMENT E Supplemental Original Amended Difference Estimated Budget Budget Increase Description 2022 2023 2023 (Decrease) Taxes: Property Taxes Property Tax/ Gates GID 46,004$ 46,003$ 46,003$ -$ Current & Delinquent interest - - - - Total Taxes 46,004 46,003 46,003 - Intergovernmental: Federal Grants: FTA Formula Grant for Rural Areas - 5311 246,000 246,000 246,000 - FTA Low or No-Emission Vehicle Program 1,600,000 - - - FTA - CRRSAA - 5311 - - - - State Grants: 2022 CDOT Planning Grant 96,000 - - - 2022 CDOT FASTER Grant - 840,000 840,000 - 2022 Regional Transit Authority Grant - - - - 2021 DOLA Small Dollar Grant - - - - Total Intergovernmental 1,942,000 1,086,000 1,086,000 - Charges for Services:Transportation: Beaver Creek 119,695 150,000 150,000 - Wash Bay Services- External 100,000 100,000 100,000 - EV Bus Charging Reimbursements 3,000 15,000 15,000 - Wash Bay Services- Internal 46,930 44,452 44,452 - Total Charges for Services 269,625 309,452 309,452 - Other Revenues: Lease of Town-owned Property 142,164 123,936 123,936 - Sale of Electricty 21,453 21,453 21,453 - Chargepoint Sales 3,000 5,500 5,500 - Bus Advertising Revenue 4,000 5,000 5,000 - Miscellaneous Reimbursement 21,000 - - - Total Other Revenues 191,617 155,889 155,889 - Revenue Detail Mobility Enterprise Fund #52 Supplemental Amendment #1 ATTACHMENT E Supplemental Original Amended Difference Estimated Budget Budget Increase Description 2022 2023 2023 (Decrease) Revenue Detail Mobility Enterprise Fund #52 Supplemental Amendment #1 Other Sources: Transfers In from General Fund 1,300,000 1,300,000 1,300,000 - Transfers In from Capital Projects Fund 400,000 200,000 200,000 - Total Other Sources 1,700,000 1,500,000 1,500,000 - TOTAL REVENUES 4,149,246$ 3,097,344$ 3,097,344$ -$ ATTACHMENT E Proposed Original Amended Difference Estimated Budget Budget Increase 2022 2023 2023 (Decrease) REVENUES Intergovernmental -$ 806,250$ 806,250$ -$ Charges for Services 1,514,525 1,569,264 1,569,264 - Other Revenue 1,890 - - - Total Operating Revenues 1,516,415 2,375,514 2,375,514 - Other Sources Transfers-In from General Fund 300,000 200,000 200,000 - Transfers-In from Capital Projects Fund 195,357 398,766 398,766 - Total Other Sources 495,357 598,766 598,766 - TOTAL REVENUES 2,011,772 2,974,280 2,974,280 - EXPENDITURES Public Works: Fleet Maintenance 1,989,187 2,976,775 3,000,082 23,307 Total Operating Expenditures 1,989,187 2,976,775 3,000,082 23,307 NET SOURCE (USE) OF FUNDS 22,585 (2,495) (25,802) (23,307) FUND BALANCES, Beginning of Year 406,486 429,071 429,071 - FUND BALANCES, End of Year 429,071$ 426,576$ 403,269$ (23,307)$ Fund Summary Fleet Maintenance Enterprise Fund #61Supplemental Amendment #1 ATTACHMENT F ProposedOriginalAmended Difference Acct.Actual Budget Budget Increase Number Description 2022 2023 2023 (Decrease) Intergovernmental: 53199 Other Federal Grants -$ 806,250$ 806,250$ -$ Charges for Services: 54806 3rd Party Fleet Maintenance Chrgs.843,195 879,060 879,060 - 54901 Dept. Fleet Maintenance Chrgs.651,330 670,204 670,204 - 54903 Sales of Fuel 20,000 20,000 20,000 - 54000 Total Charges for Services 1,514,525 1,569,264 1,569,264 - Other Revenues: 58205 Insurance Reimbursements 1,440 - - - 58217 Sales of Surplus Property 450 - - - 58999 Miscellaneous Nonclassified Revenues - - - - 58000 Total Other Revenues 1,890 - - - Other Sources: 59201 Transfers-In from General Fund 300,000 200,000 200,000 - 59201 Transfers-In from Capital Projects Fund 195,357 398,766 398,766 - 59000 Total Other Sources 495,357 598,766 598,766 - 50000 TOTAL REVENUES 2,011,772$ 2,974,280$ 2,974,280$ -$ Revenue Summary Fleet Maintenance Enterprise Fund #61Supplemental Amendment #1 ATTACHMENT F ProposedOriginalAmended Difference Unaudited Budget Budget (Increase) 2022 2023 2023 DecreaseREVENUES Charges for Services: Equipment Replacement Charges 1,131,958$ 1,223,835$ 1,223,835$ -$ Interest Earnings 36,968 90,000 120,000 30,000 Other Revenue: Insurance Claim Reimbursements 28,407 - - - Total Operating Revenues 1,197,333 1,313,835 1,343,835 30,000 Other Sources Transfers-In from Capital Projects Fund - 470,004 505,922 35,918 Sales of Fixed Assets 70,767 140,000 140,000 - Total Other Sources 70,767 610,004 645,922 35,918 TOTAL REVENUES 1,268,100 1,923,839 1,989,757 65,918 EXPENDITURES Capital Outlay: Fleet and Heavy Equipment 233,542 1,866,831 1,975,668 108,837 Recreation Center Equipment 18,805 359,005 359,005 - Computer and Office Equipment 256,537 78,815 78,815 - Machinery and Equipment - - 12,000 12,000 Heat Recovery - 87,500 87,500 - Total Operating Expenditures 508,884 2,392,151 2,512,988 120,837 Other Uses: Transfer-Out to Capital Projects Fund 11,576 - 11,576 11,576 TOTAL EXPENDITURES 520,460 2,392,151 2,524,564 132,413 NET SOURCE (USE) OF FUNDS 747,640 (468,312) (534,807) (66,495) FUND BALANCES, Beginning of Year 3,472,095 4,104,865 4,219,735 114,870 FUND BALANCES, End of Year 4,219,735$ 3,636,553$ 3,684,928$ 48,375$ Fund Summary Equipment Replacement Internal Service Fund #63Supplemental Amendment #1 ATTACHMENT G Proposed Original Amended Difference Account Unaudited Budget Budget (Increase) Number Description 2022 2023 2023 Decrease Charges for Services: Equipment Rental Charges 54904 Nondepartmental 126,011$ 175,640$ 175,640$ -$ 54905 Comm Dev - Building Inspection - - - - 54904 Police - Administration 42,139 27,222 27,222 - 54904 Police - Patrol 175,916 193,289 193,289 - 54904 Police - Investigations 17,615 15,705 15,705 - 54904 Engineering 1,809 1,324 1,324 - 54904 Public Works - Roads and Bridges 206,803 245,060 245,060 - 54904 Public Works - Parks 152,885 154,920 154,920 - 54904 Buildings and Facilities 122,480 59,883 59,883 - 54904 Mobility - Operations 15,259 17,314 17,314 - 54904 Mobility - Wash Bay 43,769 106,016 106,016 - 54904 Fleet Maintenance 15,977 19,966 19,966 - 54903 Recreation - Administration 11,473 19,532 19,532 - 54904 Recreation - Aquatics 27,629 17,149 17,149 - 54904 Recreation - Fitness 172,193 170,815 170,815 - 54000 Total Charges for Services 1,131,958 1,223,835 1,223,835 - 57000 Investment Earnings 57101 Investment Earnings 36,968 90,000 120,000 30,000 Other Revenue 58205 Insurance Claim Reimbursements 28,407 - - - Other Sources: 59201 Transfers-In from Capital Projects Fund - 470,004 505,922 35,918 59101 Sale of Fixed Assets 70,767 140,000 140,000 - 59000 Total Other Sources 70,767 610,004 645,922 35,918 50000 TOTAL REVENUES 1,231,132$ 1,833,839$ 1,869,757$ 35,918$ Revenue Detail MUNICIPAL SERVICES Equipment Replacement Internal Service Fund #63 ATTACHMENT G TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Adopted Budget Department:N/A Program: Fleet and Heavy Equipment #811 Account 2023 AdoptedNumberAccount Name Justification Budget EQUIPMENT REPLACEMENT:Fleet and Heavy Equipment General Goverenment: Utility 4x4 EV: Carryover from 2022 C/O Replaces #401 47,495$ Police: Ford Interceptor Utility Hybrid: Replaces #353 67,642 Replaces #355 67,642 Take Home Vehicles (6 Ford Interceptors)470,004 Public Works - Roads & Bridges: Carryover from 2022 Pickup w/ Plow - Replaces #210 47,000 Flatbed Pickup - Replaces #211 50,000 Public Works - Parks: Carryover from 2022 Pickup w/ Plow - Replaces #200 47,000 Pickup w/ Plow - Replaces #223 47,000 66501 Automobiles and Light-duty Trucks 843,783 Fleet Maintenance: Carryover from 2022 C/O Service Truck - Replaces #700 175,000 Public Works - Parks: Plow Truck - Replaces #205 392,000 Backhoe - Replaces #282 153,162 Carryover from 2022 C/O Bobcat Toolcat - Replaces #214 60,594 Carryover from 2021 C/O Lift Truck - Replaces #104 175,683 Carryover from 2021 C/O Tractor - Replaces #217 and #286 66,609 66502 Heavy Trucks and Moving Equipment 1,023,048 66000 Total Capital Outlay 1,866,831$ ATTACHMENT G TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Amended Budget Department:N/A Program: Fleet and Heavy Equipment #811 Account 2023 AmendedNumberAccount Name Justification Budget EQUIPMENT REPLACEMENT:Fleet and Heavy Equipment General Goverenment: Utility 4x4 EV: Carryover from 2022 C/O Replaces #401 47,495$ 48,695 Police: Ford Interceptor Utility Hybrid: Replaces #353 67,642 Replaces #355 67,642 Take Home Vehicles (6 Ford Interceptors)505,922 Public Works - Roads & Bridges: Carryover from 2022 Pickup w/ Plow - Replaces #210 47,000 Flatbed Pickup - Replaces #211 50,000 Public Works - Parks: Carryover from 2022 Pickup w/ Plow - Replaces #200 47,000 53,831 Pickup w/ Plow - Replaces #223 47,000 53,831 66501 Automobiles and Light-duty Trucks 894,563 Fleet Maintenance: Carryover from 2022 C/O Service Truck - Replaces #700 175,000 Public Works - Parks: Plow Truck - Replaces #205 392,000 Backhoe - Replaces #282 153,162 Carryover from 2022 C/O Bobcat Toolcat - Replaces #214 60,594 78,126 Carryover from 2021 C/O Lift Truck - Replaces #104 175,683 216,208 Carryover from 2021 C/O Tractor - Replaces #217 and #286 66,609 66502 Heavy Trucks and Moving Equipment 1,081,105 66000 Total Capital Outlay 1,975,668$ ATTACHMENT G TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Adopted Budget Department:N/A Program:Recreation Equipment #812 2023AccountAdoptedNumberAccount Name Justification Budget EQUIPMENT REPLACEMENT:Recreation Center Fitness: Upright Bikes (3)22,617$ Recumbant Bikes (3)23,667 Cybex Treadmills (8)104,072 FreeMotion Treadmills (4)50,796 Ellipticals (3)33,180 Interactive Spin Bikes (6)28,218 Stairmasters (2)36,698 ARC Trainers 40,267 Misc. Fitness Equipment (Benches, etc.)19,490 66407 Athletic and Recreational Equipment 359,005 66000 Total Capital Outlay 359,005$ ATTACHMENT G TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Adopted Budget Department:N/A Program:Computers and Office Equipment #813 2023 Account AdoptedNumberAccount Name Justification Budget EQUIPMENT REPLACEMENT:Computers and Office Equipment Information Technology: 2023 Switch Upgrade: Replaces #18015, #18016, #18017, #18018 39,746$ Firewall Refresh & Guest Wifi Security Config for Special Events 30,028 Network Storage: 5 Additional Hard Drives for NAS Storage Device 1,826 66402 Computers and Peripherals 71,600 Replacement of two (2) Axis Model #3007 Cameras at ARTF with Motion Detection 66403 Audio / Visual Cameras 2,660 66404 Furniture and Fixtures Replacement Server Cabinent 4,555 66000 Total Capital Outlay 78,815$ ATTACHMENT G TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Adopted Budget Department:N/A Program:Machinery and Equipment #814 2023 Account AdoptedNumberAccount Name Justification Budget EQUIPMENT REPLACEMENT:Machinery and Equipment -$ 66499 Other Machinery and Equipment - 66000 Total Capital Outlay -$ ATTACHMENT G TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Amended Budget Department:N/A Program:Machinery and Equipment #814 2023 Account AmendedNumberAccount Name Justification Budget EQUIPMENT REPLACEMENT:Machinery and Equipment Public Works: UHF Antenna 12,000$ 66499 Other Machinery and Equipment 12,000 66000 Total Capital Outlay 12,000$ ATTACHMENT G TOWN OF AVON DETAILED BUDGET REQUESTS 2023 Adopted Budget Department:N/A Program:Heat Recovery #815 2023 Account AdoptedNumberAccount Name Justification Budget EQUIPMENT REPLACEMENT:Heat Recovery Buildings and Facilities: Heat Recovery Heat Pump - 50% Final Payment 87,500$ 66704 Heat Recovery 87,500 66000 Total Capital Outlay 87,500$ ATTACHMENT G Proposed Original Amended Difference Estimated Budget Budget Increase 2022 2023 2023 (Decrease)REVENUES Other Revenues Disposable Paper Bag Fee 72,296$ 55,000$ 55,000$ -$ Total Operating Revenues 72,296 55,000 55,000 - TOTAL REVENUES 72,296 55,000 55,000 - EXPENDITURES General Government: Waste Reduction and Recycling 11,459 33,840 75,407 (41,567) Total Operating Expenditures 11,459 33,840 75,407 (41,567) TOTAL EXPENDITURES 11,459 33,840 75,407 (41,567) NET SOURCE (USE) OF FUNDS 60,837 21,160 (20,407) 41,567 FUND BALANCES, Beginning of Year 107,151 102,151 167,988 65,837 FUND BALANCES, End of Year 167,988$ 123,311$ 147,581$ 107,404$ Fund Summary Disposable Paper Bag Fee Fund #28Supplemental Amendment #1 ATTACHMENT H Fund Summary Proposed Original Amended Difference Estimated Budget Budget Increase 2022 2023 2023 (Decrease)REVENUESCharges for Services: Water Surcharges 168,354$ 170,000$ 170,000$ -$ Tap Fees 265,841 588,000 588,000 - Tap Fees - Mountain Star 25,800 4,000 4,000 - Total Charges for Services 459,995 762,000 762,000 - Other Revenues Nonclassified Revenues - - - - TOTAL REVENUES 459,995$ 762,000$ 762,000$ - EXPENDITURES Water Utilities 149,612 131,231 206,231 75,000 Total Operating Expenditures 149,612 131,231 206,231 75,000 Other Uses Transfers Out - Capital Projects Fund 23,512 756,250 1,089,085 332,835 TOTAL EXPENDITURES 173,124 887,481 1,295,316 407,835 NET SOURCE (USE) OF FUNDS 286,871 (125,481) (533,316) (407,835) FUND BALANCES, Beginning of Year 638,649 714,706 925,520 210,814 FUND BALANCES, End of Year 925,520$ 589,225$ 392,204$ (197,021)$ FUND BALANCES: Restricted For: Water Projects 925,520$ 589,225$ 392,204$ (197,021)$ TOTAL FUND BALANCES 925,520$ 589,225$ 392,204$ (197,021)$ Water Fund #24Supplemental Amendment #1 ATTACHMENT I 970.748.4023 jskinner@avon.org TO: Honorable Mayor Phillips and Council members FROM: Jena Skinner, AICP, Senior Planner RE: Turf Replacement Rebate DATE: April 6, 2023 SUMMARY: As an outcome our recent update of Avon’s Landscaping provisions as found in the Avon Municipal Code (“AMC”), a possible incentive program was discussed that would support efforts to save water use using a turf replacement incentive for the public. This type of program is ever increasing around the State of Colorado and has been well received in several areas incorporating this type of program. BACKGROUND: The Eagle River Water & Sanitation District has offered a $1 per square foot turf replacement for the last couple of years. More recently, realizing the value of this effort and the need to bolster an increase in lawn transformations, the Edwards Metro District is providing $25,000 in additional funds (2023) to expand and inspire lawn conversions. The program will match the ERWSD’s $1 per square foot for a total of $2 per square foot in the Edwards area to improve this effort. For Avon residents, a contribution of $25,000 would result in a $2 per square foot payback to our residents ($1 ERWSD + $1 AVON). The ERWSD is also obtaining grant money from the State of Colorado to add $1 per square foot to its program, making $3 per square foot possible for the 2023 Avon Turf Replacement Program- a significant increase and incentive. Staff is coordinating with the District regarding roles within this effort, as landscaping plans are required to be reviewed by Staff. Last year the ERWSD received 3-lawn replacements, with 1,902 square feet of non-essential turf being replaced/removed. For 2023, the District estimates the number of applications will grow in the Avon area, and Staff agrees as our communication and marketing efforts grow and residents learn about the Town’s water-wise and landscaping-conscious mindset. To further the turf-lawn conversion effort, Staff also recommends partnering with either local landscaping supply companies or a well-established nonprofit, Resource Central, an award-winning environmental nonprofit dedicated to helping people save water, reduce waste, and conserve energy (Staff has been in discussions with Resource Central). With over 40 years of experience, they have several programs that make it easy to conserve natural resources, including a “Garden In A Box” offering that compliments turf replacement. This coupling of a turf replacement program and a “garden in a box” program is very successful on the front range. For example, Resource Central will develop two (2) different options for Avon using native plants that suit our high-elevation location. The cost to Avon for this program would be $75 per box. Avon could limit the number of box incentives to a fixed number. For instance, for ten boxes, it would cost Avon $750. The boxes come with native, Colorado-grown waterwise plants, basic plant-by-number maps, and comprehensive care guides. Staff recommends earmarking money for 10-20 boxes, which would be available for fall planting. Incentive money for turf replacement efforts in 2023 will use the Town’s Water Fund. Looking forward, Staff is also aware of several grant opportunities for this effort. For example, Summit County’s turf replacement program offers irrigation certifications for local landscapers and government staff; rebate programs, including irrigation audits and equipment upgrades; and an educational program that supports water savings. This program was recently awarded a $76,000+ grant from the Colorado River District. Thank you, Jena ATTACHMENT J CONTACT US 100 Mikaela WayAvon, CO 81620 comdev@avon.org www.avon.org/XXXXX (970) 748-4030Community Development EAGLE RIVER WATER & SANITATION DISTRICT846 Forest Road, Vail, CO 81657http://www.erwsd.orgClean Water. Quality Life.™ WATER EFFICIENT TURF REBATE PROGRAM 2023 • Other rebates available from ERWSD include money for Irrigation Audits, Smart Irrigation Control-lers, and other costs associate with upgrading your irrigation system efficiency! See contact information on back of this brochure. • Staff will review all requests as resources allow. The homeowner, property manager, HOA manager, or written designee can apply for rebate(s), as approved by the Town of AVON and ERWSD. • New construction does not qualify for a rebate. Remodels that involve landscape alterations may qualify for rebates at program administrator’s discre-tion, and as resources allow. Rebates cannot be used for landscape design. AVON and ERWSD are authorized to audit all rebate submissions and can deny or return rebate fund/credits to the program if the participant did not properly follow guidelines or was found to have violated the program guidelines. All customer account types are eligible to participate in the rebate program.Please allow 6 – 8 weeks for processing. OTHER INFOYOU SHOULD KNOWDRAFT Link to Avon Municipal CodeLandscaping Standards ATTACHMENT J Removing bluegrass or other high-water turf grass that receives little use can help reduce outdoor water use. In Avon, our community depends on keeping our rivers and streams full of water. Non-essential turf grass with high irrigation requirements is unsustainable in the high-country. And while transforming turf alone is not the answer, it is one of the many ways we can reduce water use, which over time, could save you money on your water bill! The Town of Avon is offering a rebate of $1 per square foot of removing non-essential, live turf, on top of of the $2 available from the Eagle River Water & Sanitation (ERWSD) District. The minimum area to be removed must be at least 100 square feet. of turf. LESS TURF =LESS WATER USE REBATE PROGRAM INFO HOW TO APPLYFOR A REBATE • Turf Rebates are offered on a first-come, first-serve basis, as funds are available. • ERWSD customers, registered in WaterSmart, are eligible for a rebate. • The area converted must be a previously irrigated, established, non-native lawn. • To receive a turf replacement rebate, existing turf areas must be inspected prior to the start of the project. Turf that is dead or dying from lack of irriga- tion WILL qualify for a rebate; however, “bare” or exposed dirt does not qualify for a rebate, nor will areas of invasive plants that have naturally been established on bare earth, qualify for this program. • Customer must remove a minimum of 100 square feet of irrigated turf. A customer may apply for the rebate in future years, but must remove 100 square feet of turf for each rebate. • There is no upper limit on the amount of qualifying turf that can be replaced. • Rebates will not be provided for artificial turf or hard scape installation associated with pools, fountains, hot tubs, or other water features. • Avon and the ERWSD will work with customers to verify that turf replacement meets program goals. • Turf replacement activities must follow the Town of Avon Landscaping Requirements as found in the Avon Municipal Code Section 7.28.050 • Maximum Rebates (AVON + ERWSD) are only avail- able to ERWSD water customers who are registered through the ERWSD WaterSmart program and who have a valid email address. Otherwise, only $1 from the Town of Avon rebate may be available. • Please contact the Town of Avon Community Devel-opment Department prior to starting your project, to arrange a site visit. • After having your consultation, you may create your new landscape design! • Submit your landscaping design to the Town of Avon Community Development Department for review, through their online portal. • Remember! Landscaping plans must comply with Section 7.28.050 Landscaping. Plans need to clearly show:• Total square feet of irrigated turf removed• List of vegetation or replacement materials includ-ing quantities and size of materials• Labelling of hydrozone(s) for new materials • Proposed soil amendment quantities and type of soil amendment being used• Irrigation system type and location • Landscaping Water Efficient Budget Calculation • Good news! All Town of Avon permit fees will be waived for projects that reduce turf and overall water use for landscaping. DRAFT ATTACHMENT J WEBSITE & OTHER INCENTIVE IDEAS Classes Infographics & Easy “How To”/DIY Info SEE MORE EVENTS Turf ReplacementProgram Are you tired of the watering and maintenance your turf lawn requires? Register for our new Turf Replacement Program and we’ll provide education and materials to help you grow a native grass lawn that needs half the water and less work to look great. In the process, you’ll update your sprinklers to help water your new grass wisely. Learn the process for installing this grass and how to water wiser. Receive free high efficiency sprinkler nozzles to increase your watering efficiency (up to $100 value). Receive expert advice and resources to help you complete your project successfully. Receive free native grass seed based on your situation and preference (up to $150 value). Complete the following requirements to receive all the benefits: 1. Register for both Turf Replacement Program Classes. The deadline to register is Thursday, April 6. 2. Attend a Water Wise Grass Types and Installation overview, Saturday, April 8 from 9:00-10:30 a.m. or from 1:00-2:30 p.m. at the Conservation and Environmental Center. Registrants can attend the April 8, 2023 9:00 AM Conservation &Environmental Center2855 Mesa Rd., ColoradoSprings, 80904 View On Map  •• • • DATE LOCATION SHARE: Pay Bill More Design “Assistance” ATTACHMENT J (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Phillips and Avon Town Council Members FROM: Chief Greg Daly RE: Public comment hearing regarding the Avon Police Departments request to use Facial Recognition Services in accordance with Colorado Revised Statutes (C.R.S.) 24-18-302 DATE: April 25, 2023 SUMMARY: Facial Identification/ facial recognition has evolved into a cutting-edge crime fighting investigative tool. Generally, there are two uses of facial recognition- “live view” at some airports for example, where faces on live security cameras are compared against an active database, or the more widely used, post incident/event facial identification comparison of “still” photographs against a photo database of known offenders (typically from arrest booking photographs). This request to utilize facial identification/ facial recognition centers around “still photograph” facial identification and not live surveillance. The comparison of a still photographic image can provide a selection of possible investigative lead photographs that an investigator can compare with and analyze against. The investigator then builds his/her case with other independent evidence. Importantly, while facial recognition service ("FRS") results are valuable, the results of an FRS comparison cannot serve as the sole basis to establish probable cause in a criminal investigation. In June 2022, the Colorado State legislature passed Senate Bill 22-113 (SB113), which enacted C.R.S. §§ 24-18-301 through 24-18-309 imposing new requirements on local government agencies, including law enforcement, related to the use of facial recognition services. For purposes of the statute, FRS is defined as, “technology that analyzes facial features to facilitate the identification, verification, or persistent tracking of individuals in still or video images.” (C.R.S. § 24-18-301(5)(a)). The statute provides very limited exceptions for FRS used to open an electronic device (i.e., Apple’s Face ID feature) and for redaction of video recordings to protect privacy interests (e.g., redaction of body worn camera footage). PUBLIC COMMENT HEARING: The purpose of the public comment hearing tonight is to comply with requirements of Colorado Senate Bill (SB) 22-113 Artificial Intelligence Facial Recognition by holding at least three public meetings to obtain feedback from the community and consider the issues raised by the public through the public meetings. We have held two community meetings so far, at the Aspens Community Center on March 29th and at the Avon Public Library on April 15th. BACKGROUND: The Avon Police Department has the potential availability of three facial recognition services (FRS).  The Colorado Department of Revenue- Division of Motor Vehicles, utilizing its database of driver’s license photographs.  The Colorado Bureau of Investigation, utilizing post arrest booking “mugshot” photographs from Sheriff’s Offices primarily in the Denver metro area and from the Federal Bureau of Investigation. Page 2 of 3  The Colorado Information Sharing Consortium (CISC) Regional Data Warehouse utilizing the Lexis Nexis/ Lumen information exchange IT platform. CISC is a consortium of eighty-seven (87) Colorado law enforcement agencies. The mission statement of CISC is “Making data-driven crime solutions available to all Colorado law enforcement agencies.” The database comprises of post arrest booking “mugshot” photographs from all of the Colorado member agencies that submit their booking photographs to the consortium (https://cisc.colorado.gov/). Facial recognition technology must only be used for legitimate law enforcement purposes. Authorized uses of facial recognition technology are limited to the following: 1. To identify an individual when there is a basis to believe that such individual has committed, is committing, or is about to commit a crime; 2. To identify an individual when there is a basis to believe that such individual is a missing person, crime victim, or witness to criminal activity; 3. To identify a deceased person; 4. To identify a person who is incapacitated or otherwise unable to identify themselves; 5. To identify an individual who is under arrest and does not possess valid identification, is not forthcoming with valid identification, or who appears to be using someone else’s identification, or a false identification; or 6. To mitigate an imminent threat to health or public safety (e.g., to thwart an active terrorism scheme or plot). Senate Bill 22-113 was passed with an intent to regulate the use of and ensure adherence to many privacy concerns expressed by the legislature at that time. A law enforcement agency shall not apply a facial recognition service to any individual based on the individual's religious, political, social views or activities; participation in a particular noncriminal organization or lawful event; or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender expression, gender identity, sexual orientation, or other characteristic protected by law. Another major point for consideration from this legislation is that any suspect candidates who are identified by a facial recognition solution are viewed “only” as an investigative lead and should not be viewed as the sole basis for probable cause in a criminal investigation. The results are to be used by officers or detectives merely as possible leads in identifying a suspect in a criminal investigation. The officers and detectives will ensure that their decisions are subject to meaningful human review before proceeding with the investigation in accordance with C.R.S. § 24-18-303. Use of FRS will be in compliance with state law, and the limitations of C.R.S. § 24-18-307 will be respected. The act prohibits an agency from using an FRS to engage in ongoing surveillance (like at an airport); conduct real-time or near real-time identification; or start persistent tracking unless the law enforcement agency (LEA) obtains a warrant authorizing such use, such use is necessary to develop leads in an investigation, the LEA has established probable cause for such use, or the LEA obtains a court order authorizing the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person. Avon PD does not have any internal resources that would allow for real-time surveillance using FRS, but if we were to request that resource from an outside agency, we would obtain a search warrant per the statue. Pursuant to C.R.S. § 24-18-306, an agency must maintain records that are sufficient to facilitate public reporting and auditing of compliance with the agency's facial recognition policies. Accordingly, Avon PD Page 3 of 3 will create an internal database to track when officers submit a photograph to any outside agency for facial recognition, tracking the requesting officers name, the case or event number for the inquiry, the type of investigation, the outside FRS agency that we are requesting to conduct a facial recognition search and if the facial recognition comparison led to any outcomes. This information will be incorporated into a statistical biannual accountability report for the Town Council. PRIVACY CONCERNS: As discussed, Senate Bill 22-113 was specifically created to ensure that privacy concerns are met by statewide law enforcement agencies. The Avon Police Department will adhere to the criteria set out by this bill. This system is designed as a crime prevention/investigative tool, to aid officers/ detectives in solving crimes against Avon citizens resident and guests and to bring justice for victims of crimes. TRAINING: Avon PD will provide periodic training to its officers educating them on the statutory requirements regarding the use of facial recognition services, the capabilities and limitations, image comparison principles, the procedures for using FRS, ensuring meaningful human review and the method of logging the FRS search on the department official FRS record keeping database. We have explored training through Ideal Innovations Incorporated for facial identification training courses. The basic four-hour introductory course costs $150 per officer and the more advanced 24-hour course will provide the participant with a system-agnostic foundation to Facial Examination. Participants will have the opportunity to conduct comparisons; learn key definitions, the stability of facial features, and contributions to facial uniqueness. Challenges within the discipline and agencies/organizations that are influencing the discipline are discussed. The 24-hour training costs $550 per officer. We intend that all officers will complete the four-hour course and the Department's two detectives will complete the 24-hour courses. Officers who use the FRS will consult with a detective on the images before they use the information as investigative leads. FINANCIAL CONSIDERATIONS: There is no cost to use FRS though Colorado Department of Motor Vehicles or the Colorado Bureau of Investigation. The Avon Police Department is a member of CISC, and we pay a subscription of $2,163 per year to use the Lexis/Nexus Lumen database (cost is already included in our budget). This covers our 21 commissioned officers. The LexisNexis/Lumen investigative tool covers many investigative database resources and within these resources is their facial recognition service. Nineteen officers will complete the four-hour course and two detectives will complete the 24-hour course, 19 x $150= $2,850 and 2 x $550= $1,100 for a total of $3,950 (to be taken out of professional development/training budget). STAFF RECOMMENDATION: We recommend that the Avon Town Council authorize the Avon Police Department’s use of the facial recognition services as an investigation tool, with the clear understanding that the Avon Police department will comply with the requirements of SB 22-113; we opened an online comment section on our website to allow for a public review and comment period, conducting the third of three public information/ listening sessions tonight and we will complete the final accountability report with all of the required information and continue to operate under the Colorado Senate Bill 22-113, the related Colorado Revised Statutes, Avon PD policy, and create a database for FRS use sufficient to facilitate public reporting and auditing of compliance with the agencies use and data management. Finally, the Avon Police Department will complete a biannual Facial Recognition Service accountability report to the Avon Town Council. Thank you, Chief Greg Daly ### 970.748.4011 dplace@avon.org TO: Honorable Mayor Phillips and Council members FROM: Derek Place, Chief Building Official RE: Public Hearing Ordinance 23-03, Building Code Amendments DATE: April 25, 2023 SUMMARY: This memo provides an overview of Ordinance 23-03 (“Attachment A”), drafted to approve “above code” amendments proposed by the Eagle County Codes Cohort (the “Cohort”). First reading of the Ordinance was approved at the April 11, 2023 meeting. Second and final reading requires a public hearing before final action. These amendments would be in addition to those that were adopted by Town Council earlier this year with the 2021 International Building Code (“IBC”) adoption. The recommended amendments are in alignment with the Climate Action Collaborative (“CAC”) Goals and the State of Colorado Laws. Avon has been a leader in Eagle County with adopting above code building standards that support decarbonization. RESPONSE TO COUNCIL QUESTIONS: At the April 11th, 2023 Town Council meeting, Council Members raised concerns about two main components of these code updates related to replacement of electric equipment (C501.8 / R501.9), as well as the electrification retrofit feasibility report (C503.3.3). These two sections have been amended in Attachment A per Council’s recommendation to offer more flexibility to commercial and residential construction. Additionally, more information was gathered with regards to the cost of an ASHRAE audit for commercial buildings (30 cents per square ft), as well as an energy audit for residential buildings. For residential buildings, Walking Mountains Science Center offers residential energy audits for a cost of $100. BACKGROUND: In January of 2023, Avon adopted all the 2021 International Codes, including the 2021 International Energy Conservation Code (“IECC”). The Town of Avon was the second town behind Vail to adopt this most up to date effective code. Avon was the first to adopt the 2015 IECC Solar-Ready Appendix for residential buildings in 2019; Avon also adopted Electric Vehicle (“EV”) Ready requirements into the Municipal Code at the same time. In 2022, the Colorado Legislature passed a new bipartisan law that updates the minimum Energy Code requirements. The state law requires that all jurisdictions must adopt the 2021 IECC, along with E-V Ready, Solar-Ready, and Electric-Ready supporting amendments, when updating any building code after July 1, 2023. A new Energy Board was put in place by the Colorado Energy Office (“CEO”) to decide what changes will take place for those who do not have the code adopted by this date. I have been working with the Cohort to make sure our changes align with the CEO and that our unique requirements are addressed before they become requirements of the State of Colorado. AMENDMENTS SUMMARY: Here is a summary of the actual proposed amendments for solar-ready, EV-ready, electric-ready/electric-preferred, energy efficiency, and administrative clarifications: Solar-Ready • Include info on the certificate for new homes (typically posted in the utility room) • Apply the solar-ready requirements to all sizes of multifamily buildings EV-Ready Page 2 of 3 • Submeter energy use from EV charging separately from other commercial building loads • Repeal existing EV-ready requirements in the municipal code (Chapter 15.28) • Change number of EV-capable required parking space from 15% to 40% of total parking spaces • Enact new EV-ready requirements for both commercial and residential, as an appendix to the IECC: Appendix CD (26), and Appendix RD Electric Ready / Electric-Preferred • Include information on the certificate for new homes (typically posted in the utility room) • Include in the inspection • Add definitions of all-electric building, combustion equipment, and mixed fuel building • Add electric-preferred into all the various compliance pathways • Ensure sufficient physical space for future electric water heating systems • Require electric-ready wiring for combustion equipment • Require extra efficiency for mixed fuel buildings • Give more “additional efficiency credits” for efficient heat pump water heaters compared to efficient fossil fuel water heaters • Ensure newer high-efficiency electric equipment replaces older, inefficient electric equipment instead of adding new fossil fuel infrastructure • Require replacements of a gas furnace or air conditioner to show they at least priced out a heat pump alternative Energy Efficiency Improvements • Add definition of Electrification Retrofit Bid • Add a timer and/or moisture sensor for heat tape used for roof and gutter de-icing, so they are not left running when they are not necessary • Disallow gas-powered lighting • Require thermal energy certification, slab insulation, and radiant heating insulation in the commercial Total Building Performance pathway, to match the other pathways • Require an energy audit at the time of any alteration or addition • Add programmable thermostat controls anytime a commercial HVAC system is replaced or expanded, and add a programmable thermostat anytime a residential HVAC system is replaced or expanded • Require commercial HVAC systems and water heating systems that are part of an alteration to undergo retro-commissioning (i.e. tuning and verification that the system is operating as intended) • Require insulation around all residential hot water pipes, not just those with a diameter of 3/4 inch and greater Administrative / Clarifications • Delete Chapter 11 of the IRC and instead require the IECC (this is standard) • Ensure renewable energy isn’t double counted Page 3 of 3 DISCUSSION: The code attachments cover: 1) Revised Solar-Ready Requirements, 2) Revised EV Requirements, 3) NEW Electric-Preferred Requirements, and 4) Energy Efficiency Improvements. My goal is for the Town of Avon to stay in the lead with above-code amendments, and be ahead of the State of Colorado requirements which go into effect on July 1, 2023. If the Town delays past July 1, 2023, we will be subject to the CEO’s mandated requirements, which may not reflect our local desires. RECOMMENDED MOTION: “I move to approve second and final reading of Ordinance 23-03, approving building code amendments." OPTIONS: • Approve Second Reading as drafted • Approve Second Reading, with amendments • Continue Public Hearing to a date certain Thank you, Derek ATTACHMENT A: Ordinance 23-03 ATTACHMENT B: Building Code Amendments Ord 23-03 Adoption Building Code Amendments Page 1 of 3 ORDINANCE NO. 23-03 ADOPTING AMENDMENTS TO THE BUILDING CODE FOR ELECTRIC READINESS, ELECTRIC VEHCILES, AND INCREASED ENERGY EFFICIENCY REQUIREMENTS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council adopted the 2021 International Building Codes, including the International Energy Conservation Code (“IECC”), on December 13, 2022 by approving Ordinance 22-16; and WHEREAS, the Town Council adopted the Climate Action Plan 2020 Update, with the stated priority goal of adopting above building code standards that are consistent throughout the region; and WHEREAS, buildings are responsible for 40 percent of greenhouse gas emissions in the United States, and reducing building greenhouse emissions is essential for reducing the impacts of climate change; and WHEREAS, the Avon Town Council recognizes that further amendments to the IECC, collectively referred here as the I-Codes, will improve the energy performance of building, and will thereby promote the health, safety, resiliency, affordability, sustainability, and general welfare of our 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. Building Code Amendments. The Town Council hereby approved amendments to the IECC as depicted in “Exhibit A to Ordinance 23-03”, attached and incorporated by this reference. ATTACHMENT A Ord 23-03 Adoption Building Code Amendments 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. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 23-03 Adoption Building Code Amendments Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on April 11, 2023, and setting such public hearing for April 25, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on April 25, 2023. BY: ATTEST: ____________________________ ____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney Page 1 of 18 Exhibit B to Ordinance 23-03 15.10.120 - Chapter 11 [RE] Energy Efficiency. This section is hereby deleted in its entirety and all provisions for energy efficiency shall comply with the currently adopted International Energy Conservation Code, residential provisions, and its local amendments because the language of this chapter is duplicated therein. 15.26.040 - Section C403 Building Mechanical Systems. This section is hereby deleted in its entirety and all provisions for energy efficiency shall comply with the currently adopted International Energy Conservation Code, residential provisions, and its local amendments because the language of this chapter is duplicated therein. 15.26.050 - Additions and Modifications to IECC The IECC is amended as follows: 1. Section C101.1 Title is retained in its entirety with the following amendments: C101.1 Title. This code shall be known as the International Energy Conservation Code of [City/Town/County], and shall be cited as such. It is referred to herein as “this code” or “the IECC.” 2. Section C103.2 Information on construction documents, is amended by modifying item 6 and adding items 14, 15, and 16 as follows: 6. Mechanical and service water heating systems and equipment types, sizes, fuel source, and efficiencies. 14. Details of additional electric infrastructure, including branch circuits, conduit, or pre- wiring, and panel capacity in compliance with the provisions of this code. 15. Location of pathways for routing of raceways or cable from the solar ready zone to the electrical service panel. 16. Location of designated EVSE spaces, EVSE Universal spaces, EV-Ready spaces, and EV-Capable spaces in parking facilities. 3. Section C105.2.5 Electrical system is amended to read: C105.2.5 Electrical system. Inspection shall verify lighting system controls, components, meters, and additional electric infrastructure, as required by the code, approved plans and specifications. 4. Section C202 GENERAL DEFINITIONS is amended to add or revise the following definitions in alphabetical order: ALL-ELECTRIC BUILDING. A building and building site that contains no combustion equipment, or plumbing for combustion equipment, and that uses heat pump technology as the primary supply for heating, cooling, and service water heating loads. COMBUSTION EQUIPMENT: Any equipment or appliances used for space heating, cooling, water heating (including pools and spas), cooking, clothes drying or lighting that uses natural gas, propane, other fuel gas, or fuel oil. Page 2 of 18 ELECTRIFICATION RETROFIT FEASIBILITY REPORT: A report that analyzes the feasibility of using an electric heat pump when certain appliances are proposed to be replaced without an electric heat pump, and that also lists the following: the cost of the appliance with and without an electric heat pump, and the annual energy cost of the appliance with and without an electric heat pump. ELECTRIFICATION RETROFIT BID means a contractor bid showing the cost of replacing combustion equipment with an electric heat pump-based system. MIXED-FUEL BUILDING. A building and building site that contains combustion equipment, or plumbing for combustion equipment. 5. Section C401.2.1, International Energy Conservation Code, item 2, is amended to read as follows: 2. Total Building Performance. The Total Building Performance option requires compliance with Section C407 and, for mixed fuel buildings, Section C405.13 and 10 credits from Tables C406.1(1) through C406.1(5). 6. Section C401.2.2 ASHRAE 90.1 is amended to read as follows: C401.2.2 ASHRAE 90.1. Commercial buildings shall comply with the requirements of ANSI/ASHRAE/IESNA 90.1 and, for mixed fuel buildings, Section C405.13 and 10 credits from Tables C406.1(1) through C406.1(5). 7. Section C403.13.3 Roof and gutter deicing controls is added as follows: C403.13.3 Roof and gutter deicing controls. Roof and gutter deicing systems, including but not limited to self-regulating cable, shall include automatic controls configured to shut off the system when the outdoor temperature is above 40°F (4.8°C) maximum and shall include one of the following: 1. A moisture sensor configured to shut off the system in the absence of moisture; or 2. A programmable timer configured to shut off the system for 8 hours minimum at night. 8. C404.2.1 High input service water-heating systems, item 1 under exceptions, is amended to read as follows: 3. Where not less than 50 percent of the annual service water heating requirement is provided by on-site renewable energy or site-recovered energy, not including any capacity used for compliance with Section C406 of this code or the Exterior Energy Offset Program, the minimum thermal efficiency requirements of this section shall not apply. 9. Section C404.10 is added as follows: C404.10 Water heating equipment location. Water heaters with combustion equipment shall be located in a space with the following characteristics: 1. Minimum dimensions of 3 feet by 3 feet by 7 feet high. 2. Minimum volume of 760 cubic feet, or the equivalent of one 16-inch by 24-inch grill to a heated space and one 8-inch duct of no more than 10 feet in length for cool exhaust air. Page 3 of 18 3. Contains a condensate drain that is no more than 2 inches higher than the base of the installed water heater and allows natural draining without pump assistance, installed within 3 feet of the water heater. Exceptions: 1. Instantaneous water heaters located within 10 feet of the point of use. 2. Water heaters with an input capacity of more than 300,000 Btu/h. 10. Section C405.5.3 Gas lighting is amended to read as follows: Section C405.5.3. Gas lighting. Gas fired lighting appliances are not permitted. 11. Table C405.12.2 ENERGY USE CATEGORIES is amended to add a new line at the end: Electric vehicle charging Electric vehicle charging loads. 12. A new Section C405.13 is added to read as follows: C405.13 Additional electric infrastructure. All combustion equipment shall be provided with a junction box that is connected to an electrical panel by continuous raceways and conductors that meet the following requirements: 1. The junction box, raceway, and bus bar in the electric panel and conductors serving the electric panel shall be sized to accommodate electric equipment that is sized to serve the same load as the combustion equipment. 2. The panel shall have reserved physical space for a three-pole circuit breaker. 3. The junction box and electrical panel directory entry for the dedicated circuit breaker space shall have labels stating “For future electric equipment.” 4. The junction box shall allow for the electric equipment to be installed within the same place of the combustion equipment that it replaces. Exceptions: 1. Warm air furnaces serving spaces that also have space cooling. 2. Water heating equipment with an input capacity more than 300,000 Btu/h 3. Industrial, manufacturing, laboratory, and high hazard occupancy combustion equipment. 13. Section C406.1 Additional energy efficiency credit requirements, first sentence, is amended to read as follows with the other parts of the paragraph and section to remain: C406.1 Additional energy efficiency credit requirements. New all-electric buildings shall achieve a total of 10 credits and new mixed-fuel buildings shall achieve a total of 20 credits from Tables C406.1(1) through C406.1(5) where the table is selected based on the use group of the building and from credit calculations as specified in relevant subsections of C406. 14. TABLE C406.1(2) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I OCCUPANCIES is retained in its entirety, except Sections C406.7.3 and C406.7.4 in Climate Zone 6B are amended to read as follows: Page 4 of 18 TABLE C406.1(2) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I OCCUPANCIES SECTION CLIMATE ZONE 6B C406.7.3: Efficient fossil fuel water heater b 3 C406.7.4: Heat pump water heater b 9 15. TABLE C406.1(3) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP E OCCUPANCIES is retained in its entirety, except Sections C406.7.3 and C406.7.4 in Climate Zone 6B are amended to read as follows: TABLE C406.1(3) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP E OCCUPANCIES SECTION CLIMATE ZONE 6B C406.7.3: Efficient fossil fuel water heater a 1 C406.7.4: Heat pump water heater a 3 a. For schools with showers or full-service kitchens. 16. TABLE C406.1(5) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHER OCCUPANCIES is retained in its entirety, except Sections C406.7.3 and C406.7.4 in Climate Zone 6B are amended to read as follows: TABLE C406.1(5) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHERa OCCUPANCIES SECTION CLIMATE ZONE 6B C406.7.3: Efficient fossil fuel water heater b 3 C406.7.4: Heat pump water heater b 9 a. Other occupancies include all groups except Groups B, E, I, M, and R. b. For occupancy groups listed in Section 406.7.1 17. TABLE C407.2 REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE is retained in its entirety and amended to add the following items: TABLE C407.2 REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE SECTION TITLE Envelope Page 5 of 18 C401.3 Thermal envelope certificate C402.2.4 Slabs-on-grade C402.2.6 Insulation of radiant heating system 18. Section C501.6 Energy audit is added as follows: C501.6 Energy audit. An ASHRAE Level II energy audit or equivalent shall be performed and provided to the code official prior to a permit application for any alteration, addition, or change of occupancy, in order to baseline the efficiency of the existing building and offer opportunities for cost-effective energy upgrades. 19. Section C501.7 Thermostatic controls is added as follows: Section C501.7 Thermostatic controls. Alterations, additions, and changes of occupancy that involve replacing or expanding a heating or cooling system shall comply with section C403.4.1 Thermostatic controls. 20. Section C501.8 Replacement of electric equipment is added as follows: C501.8 Replacement of electric equipment. Combustion equipment shall not be permitted to be installed to replace electric equipment, unless an Energy Audit is performed in accordance with C501.6 and at least one efficiency measure identified in the audit is completed. 21. Section C503.3.3 Electrification retrofit feasibility report is added as follows: C503.3.3 Electrification retrofit feasibility report. Where a gas‐fired warm‐air furnace is replaced with a gas‐fired warm‐air furnace, or when a unitary air conditioner or condensing unit serving a heated space is replaced with another unitary air conditioner or condensing unit, an Electrification Retrofit Feasibility Report is required. C503.3.3 Electrification retrofit bid. Where a gas‐fired warm‐air furnace is replaced with a gas‐fired warm‐air furnace, or when a unitary air conditioner or condensing unit serving a heated space is replaced with another unitary air conditioner or condensing unit, an Electrification Retrofit Bid shall be obtained and submitted. 22. Section C503.3.4 Mechanical system acceptance testing is added as follows: C503.3.4 Mechanical system acceptance testing. Where an alteration requires compliance with Section C403 or any of its subsections, mechanical systems that serve the alteration shall comply with Sections C408.2.2, C408.2.3 and C408.2.5. Exceptions: 1. Mechanical systems and service water heater systems in buildings where the total mechanical equipment capacity is less than 480,000 Btu/h (140.7 kW) cooling capacity and 600,000 Btu/h (175.8 kW) combined service water-heating and space-heating capacity. Page 6 of 18 2. Systems included in Section C403.5 that serve individual dwelling units and sleeping units. 23. Section C503.4.1 Service hot water system acceptance testing is added as follows: C503.4.1 Service hot water system acceptance testing. Where an alteration requires compliance with Section C404 or any of its subsections, service hot water systems that serve the alteration shall comply with Sections C408.2.3 and C408.2.5. Exceptions: 1. Service water heater systems in buildings where the total mechanical equipment capacity is less than 600,000 Btu/h (175.8 kW) combined service water-heating and space-heating capacity. 2. Systems included in Section C403.5 that serve individual dwelling units and sleeping units. 24. CB103.1, first sentence, is amended to read as follows, with the exceptions to remain: CB103.1 General. A solar-ready zone shall be located on the roof of all new buildings that are subject to the commercial provisions of the IECC and that are oriented between 110 degrees and 270 degrees of true north or have low-slope roofs. Solar-ready zones shall comply with Sections CB103.2 through CB103.9. 25. Appendix CD is added as follows: APPENDIX CD EV READINESS - COMMERCIAL CD101. Purpose and intent. The purpose and intent of this Appendix CD is to accommodate the growing need for EV charging infrastructure. Including these measures during initial commercial construction substantially reduces the costs and difficulty of installing EV infrastructure at a later date. CD102. Applicability. This Appendix CD shall apply to all new commercial construction to which the current International Building Code applies. Section CD103. Definitions. AUTOMOBILE PARKING SPACE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office, and work areas, for the parking of an automobile. DIRECT CURRENT FAST CHARGING (DCFC) EVSE: EV power transfer infrastructure capable of fast charging on a 100A or higher 480VAC three-phase branch circuit. AC power is converted into a controlled DC voltage and current within the EVSE that will then directly charge the electric vehicle. EV LOAD MANAGEMENT SYSTEM: A system designed to allocate charging capacity among multiple EVSE and that complies with the current National Electric Code. ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from an electric source. Page 7 of 18 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Equipment for plug-in power transfer including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personal protection system and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTALLED SPACE (EVSE space). An automobile parking space that is provided with a dedicated EVSE connection. ELECTRIC VEHICLE CAPABLE SPACE (EV CAPABLE SPACE). A designated automobile parking space that is provided with electrical infrastructure, such as, but not limited to, raceways, cables, electrical capacity, and panelboard or other electrical distribution equipment space, necessary for the future installation of an EVSE. ELECTRIC VEHICLE READY SPACE (EV READY SPACE). An automobile parking space that is provided with a branch circuit and a ground fault circuit interrupter (GFCI/GFI) outlet, junction box, or receptacle, that will support an installed EVSE. UNIVERSAL VEHICLE CHARGING STATION. A charging station installed in a parking space for a minimum vehicle width of 120 inches (3048 mm) with 36 inch access aisles (915 mm) on each side. CD104 Electric vehicle power transfer infrastructure. New parking facilities shall be provided with electric vehicle power transfer infrastructure in compliance with Sections CD104.1 through CD104.6, CD105, and CD106. CD104.1 Quantity. The number of required EVSE spaces, EV ready spaces, and EV capable spaces shall be determined in accordance with this Section and Table CD104.1 based on the total number of automobile parking spaces and shall be rounded up to the nearest whole number. For multifamily buildings, the Table requirements shall be based on the total number of dwelling units or the total number of automobile parking spaces, whichever is less. 1. Where more than one parking facility is provided on a building site, the number of required automobile parking spaces required to have EV power transfer infrastructure shall be calculated separately for each parking facility. 2. Where one shared parking facility serves multiple building occupancies, the required number of spaces shall be determined proportionally based on the floor area of each building occupancy. 3. Installed EVSE spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV ready spaces and EV capable spaces. 4. Installed EV ready spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV capable spaces. 5. Where the number of EV ready spaces allocated for multifamily occupancies is equal to the number of dwelling units or to the number of automobile parking spaces, whichever is less, requirements for EVSE spaces shall not apply. 6. In multifamily complexes that contain multiple buildings, required EV spaces shall be dispersed throughout parking areas so that each building has access to a similar number of spaces per dwelling unit. 7. Direct Current Fast Charging. The number of EVSE spaces may be reduced by up to ten per DCFC EVSE provided that the building includes not less than one parking space Page 8 of 18 equipped with a DCFC EVSE and not less than one EV ready space. A maximum of fifty spaces may be reduced from the total number of EVSE spaces. Exception: Parking facilities, serving occupancies other than multifamily, with fewer than 10 automobile parking spaces. TABLE CD104.1 REQUIRED EV POWER TRANSFER INFRASTRUCTURE BUILDING TYPE MINIMUM EV INSTALLED SPACES MINIMUM EV READY SPACES MINIMUM EV CAPABLE SPACES Multifamily a 5% 10% 40% All Other Commercial 5% 0% 40% a. Where all (100%) parking serving multifamily are EV ready spaces, requirements for EVSE spaces shall not apply. CD104.2 EV capable spaces. Each EV capable space used to meet the requirements of Section CD104.1 shall comply with all of the following: 1. A continuous raceway or cable assembly shall be installed between an enclosure or outlet located within 3 feet (914 mm) of the EV capable space and a suitable panelboard or other onsite electrical distribution equipment. 2. Installed raceway or cable assembly shall be sized and rated to supply a minimum circuit capacity in accordance with CD104.5 3. The electrical distribution equipment to which the raceway or cable assembly connects shall have sufficient dedicated space and spare electrical capacity for a 2-pole circuit breaker or set of fuses. 4. The electrical enclosure or outlet and the electrical distribution equipment directory shall be marked: "For future electric vehicle supply equipment (EVSE)." 5. Reserved capacity shall be no less than 4.1 kVA (20A 208/240V) for each EV capable space. CD104.3 EV ready spaces. Each branch circuit serving EV ready spaces used to meet the requirements of Section CD104.1 shall comply with all of the following: 1. Terminate at an outlet or enclosure, located within 3 feet (914 mm) of each EV ready space it serves. 2. Have a minimum circuit capacity in accordance with CD104.5. 3. Branch circuit on the panelboard or other electrical distribution equipment directory designated as "For electric vehicle supply equipment (EVSE)" and the outlet or enclosure marked "For electric vehicle supply equipment (EVSE)." CD104.4 EVSE spaces. An installed EVSE with multiple output connections shall be permitted to serve multiple EVSE spaces. Each EVSE installed to meet the requirements of Section CD104.1, serving either a single EVSE space or multiple EVSE spaces, shall comply with all of the following: 1. Have a minimum circuit capacity in accordance with CD104.5. 2. Have a minimum charging rate in accordance with CD104.4.1. 3. Be located within 3 feet (914 mm) of each EVSE space it serves. 4. Be installed in accordance with Section CD104.6 and CD104.7. Page 9 of 18 CD104.4.1 EVSE minimum charging rate. Each installed EVSE shall comply with one of the following: 1. Be capable of charging at a minimum rate of 6.2 kVA (or 30A at 208/240V). 2. When serving multiple EVSE spaces and controlled by an energy management system providing load management, be capable of simultaneously charging each EVSE space at a minimum rate of no less than 3.3 kVA. 3. When serving EVSE spaces allowed to have a minimum circuit capacity of 2.7 kVA in accordance with CD104.5.1 and controlled by an energy management system providing load management, be capable of simultaneously charging each ESVE space at a minimum rate of no less than 2.1 kVA. CD104.5 Circuit capacity. The capacity of electrical infrastructure serving each EV capable space, EV ready space, and EVSE space shall comply with one of the following: 1. A branch circuit with a rated capacity not less than 8.3 kVA (or 40A at 208/240V) for each EV ready space or EVSE space it serves. 2. The requirements of CD104.5.1. CD104.5.1 Circuit capacity management. The capacity of each branch circuit serving multiple EVSE spaces, EV ready spaces or EV capable spaces designed to be controlled by an energy management system providing load management in accordance with NFPA 70, shall comply with one of the following: 1. Have a minimum capacity of 4.1 kVA per space. 2. Have a minimum capacity of 2.7 kVA per space when serving EV ready spaces or EVSE spaces for a building site where all (100%) of the automobile parking spaces are designed to be EV ready or EVSE spaces. CD104.6 EVSE installation. EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. CD104.7. EVSE ENERGY STAR. All EVSE shall be ENERGY STAR certified. CD105. Universal vehicle charging stations. Where electric vehicle charging stations are provided for public use, or where electric vehicle charging stations are shared by multiple multifamily dwelling units, the number of universal vehicle charging stations shall be provided in accordance with Table CD104.1. When multiple stalls are required, access aisles may be shared. TABLE CD105.1 UNIVERSAL EV SPACE REQUIREMENTS TOTAL # OF EV CHARGING STATIONS MINIMUM # OF UNIVERSAL VEHICLE CHARGING STATIONS 1 or more 25% CD106. Identification. Construction documents shall designate all EV capable spaces, EV ready spaces, and EVSE spaces and indicate the locations of conduit and termination points serving them. The circuit breakers or circuit breaker spaces reserved for the EV capable spaces, EV ready spaces, and EVSE spaces shall be clearly identified in the panel board directory. The conduit for Page 10 of 18 EV capable spaces shall be clearly identified at both the panel board and the termination point at the parking space. 26. Section R101.1 Title is retained in its entirety with the following amendments: R101.1 Title. This code shall be known as the International Energy Conservation Code of [City/Town/County], and shall be cited as such. It is referred to herein as “this code” or “the IECC.” 27. Section R103.2 Information on construction documents, is amended by modifying item 6 and adding items 10, 11, and 12 as follows: 6. Mechanical and service water heating systems and equipment types, sizes, fuel source, and efficiencies. 10. Details of additional electric infrastructure, including branch circuits, conduit, or pre-wiring, and panel capacity in compliance with the provisions of this code. 11. Location of pathways for routing of raceways or cable from the solar ready zone to the electrical service panel. 12. Location of designated EVSE spaces, EVSE Universal spaces, EV-Ready spaces, and EV-Capable spaces in parking facilities, as applicable. 28. Section R202 GENERAL DEFINITIONS is amended to add the following definitions in alphabetical order: ALL-ELECTRIC BUILDING. A building and building site that contains no combustion equipment, or plumbing for combustion equipment, and that uses heat pump technology as the primary supply for heating, cooling, and service water heating loads. COMBUSTION EQUIPMENT: Any equipment or appliances used for space heating, cooling, water heating (including pools and spas), cooking, clothes drying or lighting that uses natural gas, propane, other fuel gas, or fuel oil. MIXED-FUEL BUILDING. A building and building site that contains combustion equipment, or plumbing for combustion equipment. 29. Section R401.2.5 Additional energy efficiency is amended as follows: R401.2.5 Additional energy efficiency. This section establishes additional requirements applicable to all compliance approaches to achieve additional energy efficiency. 1. For buildings complying with Section R401.2.1, the building shall meet one of the following: 1.1. For all-electric buildings, one of the additional efficiency package options shall be installed according to Section R408.2. 2.2. For mixed-fuel buildings, three of the additional efficiency packages shall be installed, at least one of which addresses the envelope. 2. For buildings complying with Section R401.2.2, the building shall meet one of the following: 2.1. For all-electric buildings, one of the additional efficiency package options in Section R408.2 shall be installed without including such measures in the proposed design under Section R405. Page 11 of 18 2.2. For mixed-fuel buildings, three of the additional efficiency packages shall be installed, at least one of which addresses the envelope, without including such measures in the proposed design under Section R405. 2.3. For all-electric buildings, the proposed design of the building under Section R405.3 shall have an annual energy cost that is less than or equal to 95 percent of the annual energy cost of the standard reference design. 2.4. For mixed-fuel buildings, the proposed design of the building under Section R405.3 shall have an annual energy cost that is less than or equal to 80 percent of the annual energy cost of the standard reference design. 3. For buildings complying with the Energy Rating Index alternative Section R401.2.3, the Energy Rating Index value shall be at least 5 percent less than the Energy Rating Index target specified in Table R406.5. The options selected for compliance shall be identified in the certificate required by Section R401.3. 30. Section R401.3 Certificate, item 4, is amended and new items 8, 9, and 10 are added as follows: R401.3 Certificate. A permanent certificate shall be completed by the builder or other approved party and posted on a wall in the space where the furnace is located, a utility room or an approved location inside the building. Where located on an electrical panel, the certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. The certification shall indicate the following: 4. The types, sizes, fuel sources, and efficiencies of heating, cooling and service water heating equipment. Where a gas-fired unvented room heater, electric furnace or baseboard electric heater is installed in the residence, the certificate shall indicate “gas-fired unvented room heater,” “electric furnace” or “baseboard electric heater,” as appropriate. An efficiency shall not be indicated for gas-fired unvented room heaters, electric furnaces and electric baseboard heaters. 8. The fuel sources for cooking and clothes drying equipment. 9. Where combustion equipment is installed, the certificate shall indicate information on the installation of additional electric infrastructure including which equipment and/or appliances include additional electric infrastructure, capacity reserved on the electrical service panel for replacement of each piece of combustion equipment and/or appliance 10. Where a solar-ready zone is provided, the certificate shall indicate the location, dimensions, and capacity reserved on the electrical service panel. 31. Section R403.5 Service hot water systems is amended as follows: R403.5 Service hot water systems. Energy conservation measures for service hot water systems shall be in accordance with Sections R403.5.1 through R403.5.4. 32. Section R403.5.2 Hot water pipe insulation, item 1, is amended to read as follows: 1. Piping located inside the conditioned space, unless completely encapsulated by insulation which serves the cavity or space. 33. Section R403.5.4 Water heating equipment location is added as follows: Page 12 of 18 R403.5.4 Water heating equipment location. Water heaters with combustion equipment shall be located in a space with the following characteristics: 1. Minimum dimensions of 3 feet by 3 feet by 7 feet high. 2. Minimum volume of 760 cubic feet, or the equivalent of one 16-inch by 24-inch grill to a heated space and one 8-inch duct of no more than 10 feet in length for cool exhaust air. 3. Contains a condensate drain that is no more than 2 inches higher than the base of the installed water heater and allows natural draining without pump assistance, installed within 3 feet of the water heater. Exception: 1. Water heaters with an input capacity of greater than 300,000 Btu/h that serve multiple dwelling units or sleeping units. 34. Section R403.10 Roof and gutter deicing controls is added as follows: R403.10 Roof and gutter deicing controls. Roof and gutter deicing systems, including but not limited to self-regulating cable, shall include automatic controls configured to shut off the system when the outdoor temperature is above 40°F (4.8°C) maximum and shall include one of the following: 1. A moisture sensor configured to shut off the system in the absence of moisture, or 2. A programmable timer configured to shut off the system for 8 hours minimum at night. 35. Section R404.1.1 Fuel gas lighting is amended to read as follows: Section R404.1.1. Fuel gas lighting. Fuel gas lighting systems are prohibited. 36. A new Section R404.4 Additional electric infrastructure is added as follows: R404.4 Additional electric infrastructure. All combustion equipment shall be installed in accordance with Section R403.5.4 and shall be provided with a junction box that is connected to an electrical panel by continuous raceways and conductors that meet the following requirements: 1. The junction box, raceway, and bus bar in the electric panel and conductors serving the electric panel shall be sized to accommodate electric equipment that is sized to serve the same load as the combustion equipment. 2. The panel shall have reserved physical space for a dual-pole circuit breaker. 3. The junction box and electrical panel directory entry for the dedicated circuit breaker space shall have labels stating “For future electric equipment.” 4. The junction box shall allow for the electric equipment to be installed within the same place of the combustion equipment that it replaces. Exceptions: 1. Fossil fuel space heating equipment where a 208/240-volt electrical circuit with a minimum capacity of 40 amps exists for space cooling equipment. 2. Water heating equipment with an input capacity greater than 300,000 Btu/h that serves multiple dwelling units or sleeping units. 37. Table R405.2 Requirements for Total Building Performance adds a new row under Mechanical and a new row under Electrical Power and Lighting Systems as follows: Page 13 of 18 TABLE R405.2 REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE SECTION TITLE Mechanical R403.5.4 Water heating equipment location Electrical Power and Lighting Systems R404.4 Additional electric infrastructure 38. Table R406.2 Requirements for Energy Rating Index adds a new row under Mechanical and a new row under Electrical Power and Lighting Systems as follows: TABLE R406.2 REQUIREMENTS FOR ENERGY RATING INDEX SECTION TITLE Mechanical R403.5.4 Water heating equipment Electrical Power and Lighting Systems R404.4 Additional electric infrastructure 39. Section R406.5 ERI-based compliance is amended as follows: R406.5 ERI-based compliance. Compliance based on an ERI analysis requires that the rated proposed design and confirmed built dwelling be shown to have an ERI less than or equal to the appropriate value for the proposed all-electric or mixed-fuel building as indicated in Table R406.4 when compared to the ERI reference design. TABLE R406.5 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ALL-ELECTRIC BUILDING MIXED FUEL BUILDING 6 54 49 40. Section R501.7 Energy audit is added as follows: R501.7 Energy audit. A RESNET, Building Performance Institute, or other approved energy audit shall be performed and provided to the code official prior to a permit application for any addition or alteration, in order to baseline the efficiency of the existing building and offer opportunities for cost-effective energy upgrades. The audit must include a blower door test and a thermographic scan. Page 14 of 18 41. Section R501.8 Programmable thermostat is added as follows: Section R501.8 Programmable thermostat. Alterations, additions, and changes of occupancy that involve replacing or expanding a heating or cooling system shall comply with section R403.1.1 Programmable thermostat. 42. Section R501.9 Replacement of electric equipment. R501.9 Replacement of electric equipment. Combustion equipment shall not be permitted to be installed to replace electric equipment, unless an Energy Audit is performed in accordance with R501.7 and at least one efficiency measure identified in the audit is completed. 43. Section R501.10 Electrification retrofit bid is added as follows: R501.10 Electrification retrofit bid. Where a gas‐fired warm‐air furnace is replaced with a gas‐ fired warm‐air furnace, or when a unitary air conditioner or condensing unit serving a heated space is replaced with another unitary air conditioner or condensing unit, an Electrification Retrofit Bid shall be obtained and submitted. 44. Appendix RB Title is amended to read: “Appendix RB Solar Ready Provisions.” 45. RB103.1, first sentence, is amended as follows, with the rest of the section remaining: RB103.1 General. New residential buildings with not less than 600 square feet (55.74 m 2) of roof area oriented between 110 degrees and 270 degrees of true north shall comply with Sections RB103.2 through RB103.8. 46. Appendix RD is added as follows: APPENDIX RD EV READINESS - RESIDENTIAL RD101. Purpose and intent. The purpose and intent of this Appendix RD is to accommodate the growing need for EV charging infrastructure, in particular meeting preferences for charging at home. Including these measures during initial construction substantially reduces the costs and difficulty of installing EV infrastructure at a later date. RD102. Applicability. This Appendix RD shall apply to all new residential construction to which the International Residential Code applies. RD103. Definitions. AUTOMOBILE PARKING SPACE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office, and work areas, for the parking of an automobile. DIRECT CURRENT FAST CHARGING (DCFC) EVSE: EV power transfer infrastructure capable of fast charging on a 100A or higher 480VAC three-phase branch circuit. AC power is converted into a controlled DC voltage and current within the EVSE that will then directly charge the electric vehicle. Page 15 of 18 EV LOAD MANAGEMENT SYSTEM: A system designed to allocate charging capacity among multiple EVSE and that complies with the current National Electric Code. ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from an electric source. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Equipment for plug-in power transfer including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personal protection system and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTALLED SPACE (EVSE space). An automobile parking space that is provided with a dedicated EVSE connection. ELECTRIC VEHICLE CAPABLE SPACE (EV CAPABLE SPACE). A designated automobile parking space that is provided with electrical infrastructure, such as, but not limited to, raceways, cables, electrical capacity, and panelboard or other electrical distribution equipment space, necessary for the future installation of an EVSE. ELECTRIC VEHICLE READY SPACE (EV READY SPACE). An automobile parking space that is provided with a branch circuit and receptacle that will support an installed EVSE. UNIVERSAL VEHICLE CHARGING STATION. A charging station installed in a parking space for a minimum vehicle width of 120 inches (3048 mm) with 36 inch access aisles (915 mm) on each side. RD104 One- and two- family dwellings and townhouses. One EV ready space shall be provided for each dwelling unit. The branch circuit shall be identified as EV ready in the service panel or subpanel directory, and the termination location shall be marked as EV ready. Exception: Dwelling units where no parking spaces are either required or provided. RD105 Residential multifamily dwellings, 3-stories or less. New dwelling units for residential multifamily buildings, other than duplexes and townhomes, shall be provided with electric vehicle power transfer infrastructure in compliance with Sections RD105.1 through RD105.6 and Sections RD106 through RD107. RD105.1 Quantity. The number of required EVSE spaces, EV ready spaces, and EV capable spaces shall be determined in accordance with this Section and Table RD105.1 based on the total number of automobile parking spaces and shall be rounded up to the nearest whole number. For multifamily buildings, the Table requirements shall be based on the total number of dwelling units or the total number of automobile parking spaces, whichever is less. 1. Where more than one parking facility is provided on a building site, the number of required automobile parking spaces required to have EV power transfer infrastructure shall be calculated separately for each parking facility. 2. Installed EVSE spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV ready spaces and EV capable spaces. 3. Installed EV ready spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV capable spaces. Page 16 of 18 4. Where the number of EV ready spaces allocated for multifamily occupancies is equal to the number of dwelling units or to the number of automobile parking spaces allocated to multifamily occupancies, whichever is less, requirements for EVSE spaces shall not apply. 5. In multifamily complexes that contain multiple buildings, required EV spaces shall be dispersed throughout parking areas so that each building has access to a similar number of spaces per dwelling unit. TABLE RD105.1 REQUIRED EV POWER TRANSFER INFRASTRUCTURE FOR MULTIFAMILY BUILDING TYPE MINIMUM EV INSTALLED SPACES MINIMUM EV READY SPACES MINIMUM EV CAPABLE SPACES Multifamily 5% 10% 40% a. Where all (100%) parking serving multifamily occupancies are EV ready spaces, requirements for EVSE spaces shall not apply. RD105.2 EV capable spaces. Each EV capable space used to meet the requirements of Section RD105.1 shall comply with all of the following: 1. A continuous raceway or cable assembly shall be installed between an enclosure or outlet located within 3 feet (914 mm) of the EV capable space and a suitable panelboard or other onsite electrical distribution equipment. 2. Installed raceway or cable assembly shall be sized and rated to supply a minimum circuit capacity in accordance with RD105.5 3. The electrical distribution equipment to which the raceway or cable assembly connects shall have sufficient dedicated space and spare electrical capacity for a 2-pole circuit breaker or set of fuses. 4. The electrical enclosure or outlet and the electrical distribution equipment directory shall be marked: “For future electric vehicle supply equipment (EVSE).” 5. Reserved capacity shall be no less than 4.1 kVA (20A 208/240V) for each EV capable space. RD105.3 EV ready spaces. Each branch circuit serving EV ready spaces used to meet the requirements of Section RD105.1 shall comply with all of the following: 1. Terminate at a receptacle with overcurrent protection and GFCI protection as required by NFPA 70, located within 3 feet (914 mm) of each EV ready space it serves. 2. Have a minimum circuit capacity in accordance with RD105.5. 3. Have a branch circuit on the panelboard or other electrical distribution equipment directory designated as “For electric vehicle supply equipment (EVSE)” and the outlet or enclosure shall be marked “For electric vehicle supply equipment (EVSE).” RD105.4 EVSE spaces. An installed EVSE with multiple output connections shall be permitted to serve multiple EVSE spaces. Each EVSE installed to meet the requirements of Section RD105.1, serving either a single EVSE space or multiple EVSE spaces, shall comply with all of the following: 1. Have a minimum circuit capacity in accordance with RD105.5. 2. Have a minimum charging rate in accordance with RD105.4.1. 3. Be located within 3 feet (914 mm) of each EVSE space it serves. 4. Be installed in accordance with Section RD105.6 and RD105.7 Page 17 of 18 RD105.4.1 EVSE minimum charging rate. Each installed EVSE shall comply with one of the following: 1. Be capable of charging at a minimum rate of 6.2 kVA (or 30A at 208/240V). 2. When serving multiple EVSE spaces and controlled by an energy management system providing load management, be capable of simultaneously charging each EVSE space at a minimum rate of no less than 3.3 kVA. 3. When serving EVSE spaces allowed to have a minimum circuit capacity of 2.7 kVA in accordance with RD105.5.1 and controlled by an energy management system providing load management, be capable of simultaneously charging each ESVE space at a minimum rate of no less than 2.1 kVA. RD105.5 Circuit capacity. The capacity of electrical infrastructure serving each EV capable space, EV ready space, and EVSE space shall comply with one of the following: 1. A branch circuit with a rated capacity not less than 8.3 kVA (or 40A at 208/240V) for each EV ready space or EVSE space it serves. 2. The requirements of RD105.5.1. RD105.5.1 Circuit capacity management. The capacity of each branch circuit serving multiple EVSE spaces, EV ready spaces or EV capable spaces designed to be controlled by an energy management system providing load management in accordance with NFPA 70, shall comply with one of the following: 1. Have a minimum capacity of 4.1 kVA per space. 2. Have a minimum capacity of 2.7 kVA per space when serving EV ready spaces or EVSE spaces for a building site when all (100%) of the automobile parking spaces are designed to be EV ready or EVSE spaces. RD105.6 EVSE installation. EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. RD105.7. EVSE ENERGY STAR. All EVSE shall be ENERGY STAR certified. RD106. Universal vehicle charging stations. Where electric vehicle charging stations are provided for public use, or where electric vehicle charging stations are shared by multiple multifamily dwelling units, the number of universal vehicle charging stations shall be provided in accordance with Table RD106.1. When multiple stalls are required, access aisles may be shared. TABLE RD106.1 UNIVERSAL EV SPACE REQUIREMENTS TOTAL # OF EV CHARGING STATIONS MINIMUM # OF UNIVERSAL VEHICLE CHARGING STATIONS 1 or more 25% RD107. Identification. Construction documents shall designate all EV capable spaces, EV ready spaces, and EVSE spaces and indicate the locations of conduit and termination points serving them. The circuit breakers or circuit breaker spaces reserved for the EV capable spaces, EV ready spaces, and EVSE spaces shall be clearly identified in the panel board directory. The conduit for Page 18 of 18 EV capable spaces shall be clearly identified at both the panel board and the termination point at the parking space. 15.28- - Electrical Vehicle Charging Standards This section is hereby deleted in its entirety and all provisions for electric vehicle charging shall comply with the International Energy Conservation Code amendments adopted by Ordinance 22-03. 970.748.4004 eric@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Skate Park/Plaza location DATE: April 15, 2023 SUMMARY: This report presents a follow-up to the April 11, 2023 Council meeting when Council reviewed various proposals and options for the La Zona project, including uses at the Old Fire Station site and the concept of a “Skate Plaza”. There was consensus to support the Skate Plaza use at the Old Fire Station site; however, there was also interest in a community room and/or art center. I suggested that Council continue consideration of the Skate Plaza use and location because I believe there may be an option that meets several community goals. A site-walk meeting is scheduled for 4pm to view the Old Town Hall site and the Parks Garage. OLD TOWN HALL SITE: Presented for Council consideration is an option of locating the Skate Plaza use at the Old Town Hall site. Attached are two diagrams which depict the available area for restrooms and a Skate Plaza. Option 2 would provide a total of 24,000 sq.ft. for the Skate Plaza use while continuing the provide 4,100 sq.ft. for a restroom and retaining the existing large tree on the northwest corner of this site. Option 2 would utilize the parking area on the east side of the Old Town Hall site, but would result in no net loss of parking as discussed below. Option 2 provides enough area to accomplish the goals of (1) designing a complete, high quality Skate Park which can host a range of features from beginner to expert, (2) allow additional area for park and plaza uses, including benches, picnic tables, informal block stone seating, trees and a planned water conservation demonstration garden, and (3) can be implemented with no loss in public parking. The Old Town Hall site is close enough to the Library and Recreation Center that it can still have an activation connection. The existing bowl shape of the Old Town Hall site would require less need to import fill than the existing landscape plan for this area. Option 2 illustrates that 18 existing parking spaces would be lost, but 9 new stall spaces could be created on the south side of this area. There is room to install 9-12 new parking spaces on Benchmark Road at the Old Fire Station site. Therefore, this plan could be implemented with no loss in overall parking spaces as exists today. OLD FIRE STATION SITE: By moving the location of a skate park to the Old Town Hall site the Old Fire Station site would be available for a future community room and/or art center. There are enough examples in other communities of the value and uniqueness that this type of facility could offer. Realistically, pursuing this use further would require several years of researching other facilities, exploring programming, uses, and staffing, community engagement, and support by the local art community as partners to realize a well thought-out and successful facility. As a reminder, several Staff (including myself) and CASE members are attending the Colorado Creative Industries conference in Crested Butte in early June. There is an effort at the Staff level and with the CASE committee to grow the “A” in CASE in Avon. PARKS GARAGE: Several Council members have stated that the Parks Garage should be moved and that something better could go there. In speaking with staff and with understanding the operations at Harry A. Nottingham Park, I believe the current location is the best location for maintenance and “back-of-house” functions. The Parks Garage area includes the summer and winter maintenance equipment, storage of our bicycle fencing and other equipment, and includes the garbage and recycling for the Park and for the Recreation Center. I am not able to identify an alternative location in Harry A. Nottingham Park that could work and which would not have other negative impacts. Relocating the parks maintenance equipment and Page 2 of 2 operations off this site would likely result in all the equipment being stored and operated out of site on Lot 5 by Home Depot or at Swift Gulch. The current location works very well for maintenance and back-of-house support for events at the Avon Pavilion. The Old Fire Station site works much better for a public facility in terms of access, parking and avoidance of conflicts with other activities and operations. PLAN DOCUMENTS: It is important to document the status of plans related to Town improvements for a variety of reasons. Some plans have just been guides or suggestions from consultants while other plans have been formally adopted as part of the Town of Avon Comprehensive Plan. The formality of adopting plans includes notification, public hearing and opportunity for the community to provide input. As a practice, not all proposed improvements have required amendments to the Avon Comprehensive Plan. If the use is a “use permitted by right” then the minimum practice has been to submit the site design and architectural design to Avon Planning Commission for review and to Town Council as the “Owner” who appropriates funds for the project. Aside from Comprehensive Plan amendments, area plan documents can serve a beneficial purpose to inform the community of Town plans and to facilitate coordination and implementation of related considerations, such as financing, operations and maintenance. The Town commissioned a Harry A. Nottingham Park plan in 2008. An updated Harry A. Nottingham Park Plan would be appropriate at this time. Many ideas in that 2008 Park Plan have been implemented, sometimes in different locations in and a different manner. Some ideas were not implemented and are no longer relevant. We also have an on-going “punch list” and ideas of other improvements, including seating around the lake, future expansion of beach area, concessions, restrooms, recreation path improvements, irrigation improvements, etc. Other remaining planning elements include (1) address the entry into park and connection of the Main Pedestrian Street Mall with Harry A. Nottingham Park and (2) plan for use and improvement of the parks garage and Metcalf Cabin area. My recommendation is that Staff proceed with preparing a draft of an updated the Harry A. Nottingham Park Plan as workload permits in the 2nd half of 2023 and 2024. The updated Park Plan would be subject to review by the Avon Planning and Zoning Commission and Town Council at public hearings. OPTIONS: Council has the following options: (1) Direct Staff to proceed with the Skate Plaza concept at the Old Fire Station as presented at the April 11, 2023 Council meeting. (2) Direct Staff to proceed with the Skate Plaza concept at the Old Town Hall site based on Option 1 or Option 2 and proceed with the Community Space and/or Art Center concept at the Old Fire Station site. (3) Continue consideration of providing direction on the Old Fire Station site and/or refer consideration back to the Avon Planning and Zoning Commission. RECOMMENDATION: I believe locating the Skate Plaza at the Old Town Hall site per Option 2 and pursuing a community center and/or art center at the Old Fire Station site best meets several goals expressed by the community, Avon Planning and Zoning Commission and Council and follows sound planning principles concerning access, parking, minimizing conflicting uses, and grouping compatible uses. Thank you, Eric ATTACHMENT A: Old Town Hall Site Alternative Options 1 and 2 TOWN OF AVON - LA ZONA | OLD TOWN HALL SITE ALTERNATIVE OPTION 1 April 2023 GABLE R O O F W / G R E E N ROOF O N B O T H S I D E S EXISTI N G P A T H XERISC A P E G A R D E N SEAT W A L L 2 0 " H I G H ORNAM E N T A L T R E E A N D XERISC A P E G A R D E N PASSIV E P A R K PICNIC A N D V I E W I N G NEW S E A T W A L L GATE GATE NEW A C C E S S W A Y FROM P A R K I N G L O T BOULD E R S E A T I N G LARGE E V E R G R E E N T R E E QTY - 3 ( 1 4 ' H T ) SINGLE S T E M D E C I D U O U S T R E E QTY - 1 9 ( 3 " C A L ) ORNAM E N T A L T R E E QTY - 5 ( 3 " C A L ) TREES DWARF E V E R G R E E N S H R U B QTY - 8 ( 3 ' H T ) MEDIU M D E C I D U O U S S H R U B QTY - 2 2 ( 1 5 G A L ) SMALL D E C I D U O U S S H R U B QTY - 5 3 ( 5 G A L ) ORNAM E N T A L G R A S S E S QTY - 3 2 ( 5 G A L ) SHRUB S PEREN N I A L S A N D G R O U N D C O V E R PEREN N I A L S 844.28 0 S F GROUN D C O V E R 886.29 7 S F SODDE D L A W N 12955. 6 1 1 S F TREE T O R E M A I N TREE T O B E R E M O V E D PLANT I N G L E G E N D MEN'S XXX JANITOR /MECHANICALXXX JANITOR /MECHANICAL XXX ASSISTEDUSEXXX WOMEN'S XXX JANITOR XXX STEEL POCKET DOOR STEEL POCKET DOOR DUMP SINK HAND WASHING STATION DISH WASHING STATION ROLLING STEEL SERVICE DOOR CHANGINGSTATION CHANGINGSTATION CONCESSIONSXXX STORAGE XXX LOCKERS ROOFABOVE 4'- 0 " CH A N G I N G STA T I O N SUPPORTCOLUMNS BEAM ABOVE 36' MINBUILDI N G F F E = 7435.8 ' PROPO S E D R A I N GARDE N W / OUTLE T W E I R BRING G R A D E U P TO BU I L D I N G PROPO S E D S T A I R S , 6-5.5" R I S E R S , 1 2 " T R E A D S SANDS T O N E B O U L D E R RETAIN I N G W A L L 74 3 5 36 37 38 39 7440 35 33 32 30 31 32 31 7430 3231 32 32 3 5 3736 7435 3 7 74 3 5 37 36 35 37 36 33 7435 35 SCALE : 1 " = 2 0 ' 10' 2 0 ' 0 40' C o p y r i g h t © 2 0 2 1 b y Z e h r e n & A s s o c i a t e s I n c . C o p y r i g h t © 2 0 2 1 b y Z e h r e n & A s s o c i a t e s I n c . 15,600sf Total 19,700sf 4,100sf TOWN OF AVON - LA ZONA | OLD TOWN HALL SITE ALTERNATIVE OPTION 2 April 2023 GABLE R O O F W / G R E E N ROOF O N B O T H S I D E S EXISTI N G P A T H XERISC A P E G A R D E N SEAT W A L L 2 0 " H I G H ORNAM E N T A L T R E E A N D XERISC A P E G A R D E N PASSIV E P A R K PICNIC A N D V I E W I N G NEW S E A T W A L L GATE GATE NEW A C C E S S W A Y FROM P A R K I N G L O T BOULD E R S E A T I N G LARGE E V E R G R E E N T R E E QTY - 3 ( 1 4 ' H T ) SINGLE S T E M D E C I D U O U S T R E E QTY - 1 9 ( 3 " C A L ) ORNAM E N T A L T R E E QTY - 5 ( 3 " C A L ) TREES DWARF E V E R G R E E N S H R U B QTY - 8 ( 3 ' H T ) MEDIU M D E C I D U O U S S H R U B QTY - 2 2 ( 1 5 G A L ) SMALL D E C I D U O U S S H R U B QTY - 5 3 ( 5 G A L ) ORNAM E N T A L G R A S S E S QTY - 3 2 ( 5 G A L ) SHRUB S PEREN N I A L S A N D G R O U N D C O V E R PEREN N I A L S 844.28 0 S F GROUN D C O V E R 886.29 7 S F SODDE D L A W N 12955. 6 1 1 S F TREE T O R E M A I N TREE T O B E R E M O V E D PLANT I N G L E G E N D MEN'S XXX JANITOR /MECHANICALXXX JANITOR /MECHANICAL XXX ASSISTEDUSEXXX WOMEN'S XXX JANITOR XXX STEEL POCKET DOOR STEEL POCKET DOOR DUMP SINK HAND WASHING STATION DISH WASHING STATION ROLLING STEEL SERVICE DOOR CHANGINGSTATION CHANGINGSTATION CONCESSIONSXXX STORAGE XXX LOCKERS ROOFABOVE 4'- 0 " CH A N G I N G STA T I O N SUPPORTCOLUMNS BEAM ABOVE 36' MINBUILDI N G F F E = 7435.8 ' PROPO S E D R A I N GARDE N W / OUTLE T W E I R BRING G R A D E U P TO BU I L D I N G PROPO S E D S T A I R S , 6-5.5" R I S E R S , 1 2 " T R E A D S SANDS T O N E B O U L D E R RETAIN I N G W A L L 74 3 5 36 37 38 39 7440 35 33 32 30 31 32 31 7430 3231 32 32 3 5 3736 7435 3 7 74 3 5 37 36 35 37 36 33 7435 35 SCALE : 1 " = 2 0 ' 10' 2 0 ' 0 40' C o p y r i g h t © 2 0 2 1 b y Z e h r e n & A s s o c i a t e s I n c . C o p y r i g h t © 2 0 2 1 b y Z e h r e n & A s s o c i a t e s I n c . 24,000sf -18 parking +9 parking 970.748.4004 eric@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager and Patty McKenny, Deputy Town Manager RE: Formation of Downtown Development Authority Update DATE: April 6, 2023 SUMMARY: This report provides an overview of the process for the formation of a Downtown Development Authority (“DDA”) that will occur over the next four months; see Attachment A, dated October 19, 2022, for the initial DDA process report. The Town Council provided direction last fall to include the formation of a Downtown Development Authority as a goal for 2023. This report shall serve as an update and is informational only. No formal action is currently required. Updates will continue to be presented over the next few months. PURPOSE AND GOALS: Downtown Development Authorities intend to alleviate or prevent blight conditions and promote the sound economic growth of a community’s central downtown commercial core. Avon’s workforce’s current extreme housing shortages have directly impacted Avon’s business community and arrested Avon’s businesses’ stability and sound growth. The impacts are widespread to the extent of impacting public services as well. To support and stabilize and promote the solid economic growth of the Avon community, investment in workforce housing and public infrastructure to support a growing community is necessary. The primary purpose of creating a Downtown Development Authority is to provide a new dedicated funding source for Community Housing and additional public infrastructure to support Avon’s growing community over the next several decades. The development of other Community Housing will stabilize the local workforce and the ability of local businesses to fill employment positions. Community Housing development requires basic public infrastructure improvements, such as streets, utilities, and drainage. East Beaver Creek Boulevard in the Village (at Avon) is past its useful life, and the development of Planning Areas A, B, C, D, and J will require additional investment in streets and infrastructure. Redeveloping the Sun Road area and East Avon will require investment in re-aligning streets and utilities. Investment in Community Housing and public infrastructure, facilities, and amenities intends to stabilize the local economy while establishing a sustainable community regarding climate action and greenhouse gas reduction. Specifically, locating workforce housing close to job centers will reduce commuting miles, reinforce the use of mass transit provided by the Eagle Valley Transportation Authority and support new energy efficient and net zero housing construction. All these considerations and goals fit together in a manner necessary to achieve a genuinely sustainable downtown community for the next generation. For these reasons, at least 50% of the tax increment financing revenue source of the Downtown Development Authority shall be dedicated to Community Housing, and the remaining revenues are devoted to public infrastructure, facilities, and amenities in the downtown area as determined by the Downtown Development Authority Board and Council. DOWNTOWN DEVELOPMENT AUTHORITY: A Downtown Development Authority is a statutory local government authority formed to prevent the deterioration of property values and structures, prevent blight conditions, and assist development and redevelopment in the DDA area to promote the continued health of that area. The DDA statutes provide substantial deference to local determinations and interpretations, stating in part in the Legislative Declaration, Page 2 of 3 31-25-801(2) The general assembly determines, finds, and declares that because of several atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this part 8. However, it shall be liberally construed to effect the purposes and objects for which it is intended. A Downtown Development Authority can be organized when the municipal governing body (i.e., Avon Town Council) takes action to adopt an ordinance that refers the question of organization to an election, and a majority of the voting “Qualified electors” vote to approve the DDA. “Qualified electors” means a resident, landowner, or lessee with the proposed DDA boundary area, see Attachment B. FINANCIAL CONSIDERATIONS: A Downtown Development Authority (“DDA”) is similar to an Urban Renewal Authority, with the primary benefit of authorizing tax increment financing within the DDA area. Tax increment financing is the ability to retain the increased property taxes generated from new development, which would otherwise go to the Town of Avon, Eagle County, Eagle County School District, and other taxing jurisdictions in the Town of Avon. DDAs are allowed to impose tax increment financing for 30 years with the ability to extend for two additional 10-year periods. Forming a DDA and imposition of tax increment financing does not require consent or approval of other taxing entities like an Urban Renewal Authority (changes in Urban Renewal Authority law in 2015 require other taxing entities to agree to revenue sharing or submit to mediation). In very rough terms, a commercial hotel property may generate as much as $1,000,000 per year, and a 150-unit residential apartment/condominium may generate $400,000 per year in tax increment financing revenues. See Attachment A (page 4) for the memo from Town Attorney with more information about Sources and Uses for DDA. PROPOSED BOUNDARY: The DDA statutes, as defined by C.R.S. §31-25-801, et seq., authorize designating a portion of the “Central Business District” as the “downtown development area”. The area within the proposed boundaries of the Avon Downtown Development Authority is depicted in Attachment C showing a number of different perspectives of the DDA boundary. The area would traditionally be known as the location of the principal business, commercial, financial, service, and government center of the Town, and has been zoned and used accordingly. Such area is established as being within the “central business district” and “downtown” area of the Town and would be included as part of the ordinance forming the DDA. FORMATION PROCESS: The process for the formation of the DDA is shown below by the identification of certain components towards implementation and associated timelines. There will be updates presented at upcoming council meetings as well. Deliverables Timeline Status Develop Eligible Voter / Stakeholder List (see Attachment B for Eligibility Requirements) April – June Working with Eagle County Assessor’s Office, Eagle County Clerk & Recorder’s Office, and Finance team to obtain lists of property owners, registered voters, and business owners that will make up the Voter List. Page 3 of 3 Deliverables Timeline Status Research & Reports to Complete: Propose boundary of DDA Blight Study Report Financial Analysis DDA Plan (draft) April – June Town of Avon “DDA team” (Town Manager’s Office, ComDev Dept., Legal, and Commfluent Inc.) preparing the reports identified as support documents in the formation of the DDA (via ordinance) and adoption of the DDA plan. Community (Stakeholder) Outreach Draft Fact Sheet for Mailer & Website Use Contact Taxing Entities Finance Committee Meeting May 3 Other outreach meetings as needed April – June Town of Avon DDA team (Town Manager’s Office, ComDev Dept., Legal, and Commfluent Inc.) preparing several outreach platforms to be implemented May & June. Planning & Zoning Review May 2 | Work Session May 16 | Public Hearing June 6 | Public Hearing | Plan Adoption May – June The DDA team will prepare materials and present them to the P&Z for consideration and review. P&Z will consider and take action on the DDA Plan before Town Council consideration. Town Council Review & Action April 25 | Work Session May 9 | Work Session June 13 | 1st Reading Ordinance June 27 | 2nd Reading & Public HearingOrdinance April - June The DDA team will prepare materials and present them to the Town Council and community for consideration and review. The Town Council will Special Election Proposed Date: August 29, 2023 May – September Special Election date would be set at the same time the ballot question is considered (via ordinance). Town Clerk’s Office is preparing special election calendar and associated election materials and deliverables. POTENTIAL PROJECTS: The proposed primary purpose of the DDA plan is to support the development of Community Housing in the DDA Plan area. DDA revenue streams may also be used for public infrastructure, facilities and amenities within the boundary. A list of potential projects will be included in a draft Downtown Development Authority plan; however, community housing and public parking structures will likely be the most expensive investments at the top of the list. Thank you, Eric ATTACHMENT A: Report on DDA Formation dated October 19, 2022. ATTACHMENT B: Memo about Qualified Electors for DDA dated April 20, 2023 (from Town Attorney). ATTACHMENT C: Proposed “Avon Downtown Development Authority Map” – several versions showing different perspectives of the area. 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Downtown Development Authority Process DATE: October 19, 2022 SUMMARY: This report provides an overview of the steps and timeframe to form and implement a Downtown Development Authority (“DDA”). If Council supports the formation of a DDA then Staff will proceed with the steps for implementation as outlined in this report. Additional details, background information, stakeholder input and policy direction would occur as an integral part of the process to form a DDA. PURPOSE: The purpose of a DDA is similar but slightly different than Urban Renewal Authorities. The DDA status state the purpose as: (1)The general assembly declares that the organization of downtown development authorities having the purposes and powers provided in this part 8will serve a public use; will promote the health, safety, prosperity, security, andgeneral welfare of the inhabitants thereof and of the people of this state; will haltor prevent deterioration of property values or structures within central businessdistricts, will halt or prevent the growth of blighted areas within such districts, and will assist municipalities in the development and redevelopment of suchdistricts and in the overall planning to restore or provide for the continuance ofthe health thereof; and will be of especial benefit to the property within theboundaries of any authority created pursuant to the provisions of this part 8. (2)The general assembly determines, finds, and declares that because of a number of atypical factors and special conditions concerning downtown developmentunique to each locality, the rule of strict construction shall have no application tothis part 8, but it shall be liberally construed to effect the purposes and objects forwhich it is intended.1 DDA PLAN: The proposed primary purpose of the DDA plan is to develop Community Housing in the DDA Plan area. Related to development of Community Housing is the cost of land acquisition; installation, extension or realignment of roads and utilities; and construction of services and amenities to support an increased population, such as early childhood education, parks and recreation. The “Downtown” is a specifically defined area of the municipality in the “Central Business District”. The Central Business District is defined as “Central business district” means the area in a municipality which is and traditionally has been the location of the principal business, commercial, financial, service, and governmental center, zoned and used accordingly.2 Council has significant legislative discretion in determining the “Central Business District” and portion that is suitable for the DDA Plan area. The DDA Plan area is expected to be refined based on stakeholder input and review of specific DDA Plan goals and strategies. 1 CRS §31-25-801 2 CRS §31-25-802(3) ATTACHMENT A Page 2 of 3 DDA FUNDING: The DDA has the ability to capture the tax increment of increased property taxes for all taxing jurisdictions. DDAs also have the ability impose an additional property tax or sales tax, subject to approval by the Qualified Electors in accordance with a TABOR election. The DDA is proposed for the tax increment funding and increases to the property tax mill levy or sales tax rate is not suggested. Budgeting and forecasting of revenues is speculative because it depends upon the actual construction of new development that increases the assessed valuation of the entire DDA area over the initial baseline assessment. Roughly, a 140 room residential apartment could generate $400,000 per year and a 140+ room hotel (or similarly sized commercial building) could generate as much as $1 million in TIF revenue per year. The DDA would likely exempt the current 15 mill levy for Village Metropolitan District in the Village (at Avon) because that is imposed and pledged to repay bonds of Traer Creek Metropolitan District. There are other terms in the Village (at Avon) development agreement which may present opportunities to reduce Avon’s tax credit obligation to repay debts of Traer Creek Metropolitan District. QUALIFIED ELECTORS: A DDA must be approved by a positive vote of “qualified electors” within the defined DDA area. “Qualified elector” means a resident, a landowner, or a lessee as said terms are defined in this section. Any landowner or lessee which is not a natural person may vote only if it designates by some official action a representative thereof to cast its ballot. This subsection (9) shall not be construed so as to permit any qualified elector to cast more than one vote, even though any person qualified or lawfully designated may be entitled to cast the vote of more than one qualified elector. “Resident” means one who is a citizen of the United States and a resident of the state of Colorado, eighteen years of age or older, who makes his primary dwelling place within the district. Once the DDA entity is formed by a vote of qualified electors, the Avon Town Council refers the draft DDA Plan to the Avon Planning and Zoning Commission who conducts a public hearing and provides a recommendation. Then the Avon Town Council conducts a public hearing and may adopt a DDA Plan by resolution. A draft DDA Plan is proposed to be prepared by December so there is a working document for stakeholder outreach and input. FORMATION PROCESS: 1.Initial data collection, including collection of sample DDA plans and ordinances from other communities[October through December] 2.Draft of DDA plan, prepare draft ordinance and related documents [November and December] 3.Review DDA with Avon Finance Committee on November 9, 2022 4.Stakeholder outreach: Community meetings targeted to residents, property owners and businesslessees in the proposed DDA area would be conducted. [January] 5.Revise DDA Plan, Conduct Council Public Hearing, consider ordinance to refer formation of DDA tospecial election of eligible electors: [February and March] 6.Schedule special election for formation [June 6, 2022] Page 3 of 3 7.The DDA Board appoints the following positions, subject to approval of Avon Council, Director,Treasurer and a Secretary. [June or July] NOTE: these positions would be typically filled by the TownManager, Finance Director and Town Clerk in a manner similar to the Avon Urban Renewal Authority. 8.DDA Board adopts budget, which is subject to approval by Avon Council. [June or July] 9.DDA Board begins to support and identify projects that implement the DDA plan [June or July]. Anydevelopment projects, property acquisition or disposal, or expenditures would be subject to review andapproval of the Avon Council. The Avon Town Council establishes the power of the DDA by ordinance and may dissolve the DDA by ordinance.3 Typically, the establishing ordinance would authorize all powers under the DDA statutes and all powers under home rule authority. RECOMMENDATION: I recommend Council give direction to proceed with the formation process as outlined in this report. Thank you, Eric ATTACHMENT A: Karl Hanlon DDA Memorandum 3 CRS §31-25-803 www.mountainlawfirm.com Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen 323 W. Main Street Suite 301 Aspen, CO 81611 Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402 Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs DATE: September 27, 2022 TO: Eric Heil, Avon Town Manager FROM: Karp Neu Hanlon, P.C. RE: Downtown Development Authority Sources and Uses A Downtown Development Authority (“DDA”) is a creature of state statute, with the purposes of promoting the general welfare, halting deterioration and blight, and assisting municipalities with redevelopment. See C.R.S. § 31-25-801 et seq. The DDA is a separate tax-exempt entity from the City, which has only two roles in the DDA’s functioning: 1) appointment of the board, and 2) approval of the budget. The DDA does not have power to assess taxes, but instead must rely on the City to do so and will pull its funds from a separate Town account. The creation of a DDA is subject to voter approval, as are any new taxes levied therefor. Avon for some time has had an Urban Renewal District (URA) which is similar but also different than a DDA. A chart comparing DDAs to URAs is attached which highlights some of the differences between the two types of entities. In reviewing the two statutes there is nothing that prevents both from coexisting over the same area. DDAs have two mechanisms for raising revenue. First is a maximum 5 mill ad valorem levy on properties within the DDA boundary. This is assessed by the City, and subject to approval by the voters. See C.R.S. § 31-25-817. All revenue is held by the municipality for use by the DDA. The second mechanism is Tax Increment Financing (“TIF”), which is a form of public funding that allows for the issuance of municipal bonds to raise money for public improvements. A TIF involves the distribution of existing taxes on assessed valuation and is not a separate tax itself. As explained by the court in Northglenn Urban Renewal Authority v. Reyes, 300 P.3d 984, 986 (Colo. App. 2013)1: [A TIF] is accomplished by first establishing a base amount upon which the various taxing authorities assess and collect their levies. This base amount is determined by assessing the value of the property within the urban renewal area prior to adoption of the urban renewal plan. Thereafter, the property is reassessed in subsequent years for tax purposes in the hopes that the urban renewal plan has increased its value. After all levies are assessed and collected on the subsequent valuation, any incremental increase in the base amount is deemed the result of the 1 While this case involves an Urban Renewal Authority, the TIF concepts for both entities are identical. Compare C.R.S. § 31-25-807(3)(a) and C.R.S. § 31-25-107(9)(a). ATTACHMENT A: DDA Legal Memo Downtown Development Authority Sources and Uses Page 2 PRIVILEGED AND CONFIDENTIAL MEMORANDUM urban redevelopment efforts by the municipality and is distributed to the urban renewal authority. A TIF only lasts for 30 years, after which it may be extended by City Council. The DDA can additionally collect revenues from grants and partnerships. The source of revenues also determines how those funds may be used. Both revenue streams may go towards the financing of public improvements within the DDA boundary, such as façade, landscaping, streetscaping, utilities, and parking improvements. Mill levy revenue can go to a wider variety of additional DDA operating purposes, business incentives, and marketing. On the other hand, TIF revenues go into escrow are used to borrow against for financing downtown improvements. Any excess TIF revenues must go to debt servicing and repayment of bonds for the financing of any plan of development within the DDA. C.R.S. § 31-25-807(3)(a)(II). Only once any indebtedness is fully paid, may TIF revenues go to a general operating account of whatever taxing authority collected the revenue in the first place. DDAs are useful tools to facilitate development within a geographically distinct area. While there are several ways to raise revenue for the DDA, the source of money dictates how it may be used. In no case, however, may that revenue go towards general operations of the sponsoring municipality, unless all indebtedness has been paid and there is a TIF revenue surplus. The Town has several specific questions regarding the use of a DDA and TIF revenues that are addressed below: 1.When can the TIF be implemented? A TIF is implemented through the initial adoption of the plan of development or at any later date by amending the plan of developments. Pursuant to C.R.S. § 31-25-807(3)(a) any plan of development may be modified to include the implementation of a TIF. The statute provides: Notwithstanding any law to the contrary and subject to subsection (3)(a)(IV) of this section, any such plan of development as originally adopted by the board or as later modified pursuant to this part 8 may, after approval by the governing body of the municipality, contain a provision that taxes, if any, levied after the effective date of the approval of such plan of development by said governing body upon taxable property within the boundaries of the plan of development area each year or that municipal sales taxes collected within said area, or both such taxes, by or for the benefit of any public body shall be divided for a period not to exceed thirty years or such longer period as provided for in subsection (3)(a)(IV) of this section after the effective date of approval by said governing body of such a provision[.] ATTACHMENT A: DDA Legal Memo Downtown Development Authority Sources and Uses Page 3 PRIVILEGED AND CONFIDENTIAL MEMORANDUM 2.Can DDA funds can be used for Community Housing, recreation improvements (including park properties in the Village (at Avon), constructing a new post office to lease to USPS to assist with relocation, and early childhood education? Yes. The type of projects anticipated should be included in the Plan of Development and such improvements are contemplated. C.R.S. § 31-25-807(2)(d). 3.Can DDA funds be used for road and utility extensions (which would be used to substitute some of the Town’s tax credit obligations for infrastructure) Yes. The type of projects anticipated should be included in the Plan of Development and such improvements are contemplated. C.R.S. § 31-25-807(2)(d). 4.Can Avon claim that it’s Central Business Core is the valley floor from Lake Street/Avon Recreation Center all the way to Planning Area J where the Wagon Wheel Road cul-du- sac and utility extensions have been installed? While there is no specific case law regarding courts have been generally deferential to both legislative determinations and voter approvals. In the case of a DDA both occur in that the Council will by ordinance establish the boundary it believes is appropriate for the DDA and then that will be approved by the voters. 5.What is the total time period that a TIF can be effective? There is time limit on the TIF of 30 years from the date it is first implemented either in the original plan of development or a modification of that plan with the option of extending for another 20 years. C.R.S. § 31-25-807(3)(a)(IV). During the 20-year extension 50% of the TIF must be paid to the affected taxing entities, id. 6.Can Avon/DDA agree to rebate TIF or waive TIF for some taxing entities, or waive a portion of TIF? Like Fire District and Ambulance District and Village Metro District which is imposing a property tax to raise funds for the Village finances. Within the first 30 years of the TIF Avon is not obligated to share any of the TIF revenues with any other taxing entity. For the additional time period there is an obligation under C.R.S. § 31- 25-807(3)(a) (IV)(B) to pay 50% of the TIF to the other taxing entities. That said, there is nothing inthe statute which prevents or prohibits Avon from sharing back, pursuant to an IGA, any of the TIFrevenues. 7.Can DDA funds be used for staff? TIF revenues can be used for DDA staff (as can the 5 mills discussed above). Direct payments for the Avon personnel would fall outside the uses identified in the statute. C.R.S. § 31-25-805, § 31-25-807, and § 31-25-815. ATTACHMENT A: DDA Legal Memo www.mountainlawfirm.com Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen 323 W. Main Street Suite 301 Aspen, CO 81611 Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402 Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs DATE: April 20, 2023 TO: Avon Town Council and Mayor FROM: Karp Neu Hanlon, P.C. RE: Electors Qualified to Vote in the DDA Special Election The organization of a Downtown Development Authority ("DDA") involves a group of electors different than most other elections. The electors qualified to vote in a DDA election are the residents, landowners, and lessees (as those terms are defined in C.R.S. § 31-25-801, et seq.) within the boundaries of the proposed district. A resident must be (a) a citizen of the United States, (b) a resident of the state of Colorado, (c) eighteen years of age or older, (d) a person whose primary dwelling place is within the boundaries of the proposed district, and (e) registered to vote in Colorado. Only those electors with a voter registration address within the boundaries of the proposed district will automatically receive a ballot. If an elector actually resides within the district but is registered to vote at an address outside of the district, the elector must complete a Request for Mail Ballot form in order to receive a ballot. A landowner is (a) an owner in fee of any undivided interest in real property or any improvement permanently affixed thereto within the boundaries of the proposed district, and (b) if a natural person, eighteen years of age or older, or, if an entity, a person designated by the entity to vote on the entity's behalf who is eighteen years of age or older. An owner in fee includes a contract purchaser obligated to pay general taxes, an heir, and a devisee under a will admitted to probate. An owner in fee does not include a contract seller of property where the contract purchaser is deemed to be the owner in fee. Interval or timeshare "owners" are generally not owners in fee. Landowners need not reside within the boundaries of the proposed district. Landowners will automatically be mailed a ballot at the property's mailing address. A lessee is (a) a holder of a leasehold interest in real property within the boundaries of the proposed district, and (b) if a natural person, eighteen years of age or older, or, if an entity, a person designated by the entity to vote on the entity's behalf who is eighteen years of age or older. Here, a leasehold interest does not include a license or mere contract right to use real property, including interval and ATTACHMENT B Downtown Development Authority – Qualified Electors Page 2 timeshare ownership where an "owner's" right to use certain weeks arises by contract or by the purchase of points. Lessees will not automatically receive a ballot. If the lessee is an entity, the lessee must complete a Designation of Elector form for the entity and the lessee's designee must complete a Mail Ballot Request form. If the lessee is an individual, the lessee must complete a Mail Ballot Request form. The DDA election follows the one person-one vote rule where even though a person or entity may be qualified to vote in more than one way, a person may only vote once. For example, if an entity owns multiple properties within the DDA, that entity may only cast one vote through a designated person, and any person designated to vote on behalf of an entity may only cast one vote. By way of example, let's say Sam, via four different entities, owns four properties within the boundaries of the proposed district. Sam also resides in a condo within the boundaries of the proposed district and is a registered voter at that address. As a resident and an active registered voter, Sam will automatically be mailed a ballot to vote as a resident. For each property owned by a separate entity, Sam may designate up to four electors – one for each property. To receive a ballot for those properties, Sam must complete a Designation of Elector form for each entity, and each designated elector must complete a Request for Mail Ballot. In that instance, both forms must be completed to receive a ballot. Sam cannot vote as both a resident and a landowner. By way of another example, let's say Sally owns multiple properties within the boundaries of the proposed district though all of the properties are owned through a single entity. Sally must complete a Designation of Elector form for the entity and the designated elector must complete a Request for Mail Ballot form. Even though Sally's entity owns multiple properties within the boundaries of the proposed district, the entity may only designate one person to vote on the entity's behalf and may only vote once. If Sally, in her individual capacity, qualifies to vote as a resident, she can either vote as a resident or as the designated person to vote on her entity's behalf, but not both. DRAFT CONCEPT PLAN 2023DOWNTOWN DEVELOPMENT AUTHORITY N TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 ACTOTAL ACREAGE OF PROPOSED DDA AREA: 281.38* AC OR 5.23% OF THE TOWN OF AVON *DOES NOT INCLUDE ROADWAYS ATTACHMENT C DRAFT CONCEPT PLAN 2023DOWNTOWN DEVELOPMENT AUTHORITY N TOTAL ACREAGE OF AVON TOWN LIMITS: 5391.36 ACTOTAL ACREAGE OF PROPOSED DDA AREA: 281.38* AC OR 5.23% OF THE TOWN OF AVON*DOES NOT INCLUDE ROADWAYS (970) 748-4113 jshoun@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Jim Shoun, Mobility Manager and René Martínez, Mobility Supervisor RE: Parking Management Program Update DATE: April 15, 2023 SUMMARY: This report provides an overview of parking management programs, past proposals and options for implementing in the 4th quarter of 2023. At the July 26, 2022, Council meeting, a majority of Council by a 4-3 vote provided direction to defer a proposed Parking Management program that included paid parking, which reversed a prior 4-3 vote by Council to proceed with implementing a paid parking program. Council expressed concerns about a paid program and its impact on local employees. Concerns also included the cost of implementing the proposed Parking Management program. As a result, the implementation of the proposed program was placed on hold until further discussion. Several Council members have since requested that parking management should be revisited due to the volume of all day skier parking at the Avon Recreation Center and other Town parking spaces in the Town core. Staff has updated the costs and provided options for a managed parking program. Options include implementing a parking management plan with only enforcement of the 3 hour limitation and implementing a parking management with paid parking after the initial 3 hour free period. PARKING MANAGEMENT PROGRAM: Parking Management Schedule KEY ELEMENTS: - All Avon public parking spaces will have a complimentary 3-hr. limit year-round; 6:00 AM – 5:00 PM - Paid parking is available at select spaces when Beaver Creek Mountain is open for skiing o 3-hr. Limit then $1/hr. thereafter o Access includes Texting, QR code, and Customer Service Call Line (970) 748-4113 jshoun@avon.org - All-day parking is available at Old Town Hall and Avon Elementary School - No overnight parking except at the Old Town Hall site; $40 permit parking at the Old Town Hall - Library parking will have a 3-hr. limit year-round - Avon Staff and Council personal vehicles will be registered into the software system for access. - The Recreation Center parking is for Patrons only o Patrons will receive a validation code for 3 hrs. at check-in o Exceptions can be readily managed o Parking violation fee of $50 - Town Hall parking will have a 3-hr. limit year-round o Town Hall Staff will be able to validate guests for longer business meetings or court dates o The weekend ski parking permits for Avon residents will continue - For Parking Enforcement, Mobility Division Supervisor will monitor parking areas with an LPR o $50.00 parking violation fee at the Recreation Center (Ordinance Amendment) o $35.00 parking violation fee for other parking areas o Staff will monitor for parking violations 24/7 (including 12:00 AM – 5:00 PM) o Staff will also monitor for parking violations in no-parking zones and on road shoulders MANAGED PARKING NEED: Parking management requires active parking enforcement, even with the existing free parking policies. Illegal Parking is not only a nuisance, it can be a safety issue. An Avon bus was damaged hitting a bollard trying to avoid an unattended car parked in the Avon Station bus lane. Motorists illegally park in bus stops and EV parking spaces, park all day in 10-minute loading zones, and park on shoulders and the road. The Rec Center parking lot frequently fills during busy ski and event days with motorists who are not using the facility. Enforcing the 3-hour time limit for street parking encourages alternate transportation and frees spaces for those who want to use it. The paid parking portion of this program is intended to give guests an option to stay longer if they desire for a small fee. IMPLEMENTATION SCHEDULE: Implementation would begin with Council direction to include purchasing equipment and software and beging hiring process. Public notification would begin in August. Enforcement of parking times would begin on November 1, 2023. PROGRAM COSTS – MOBILITY DIVISION OPTION: Currently, the Transit Supervisor and Manager monitor the transit radio after the workday offsite, 5:00 PM - 10:00 PM. The Parking Supervisor would cross-train with the Transit Supervisor for better and full onsite coverage of daily operations for parking and transit (6 am to 10:30 pm daily). Mobility would be able to support parking enforcement coverage with existing staff and one additional parking enforcement position. A car-mounted license plate reader (LPR) and a handheld LPR would be purchased along with a parking management software subscription from Risetek Global. They would also provide turnkey support such as a 24/7 customer service call line, parking, violation fee collection, and permit parking/validations. 2023: 1st year costs - $65K + ½ FTE + $15K For Updating Signage 2024: 2nd year costs - $30K + 1 FTE 2025: 3rd year costs - $30K + 1 FTE PROGRAM COSTS - POLICE DEPARTMENT OPTION: Avon’s police department currently hire 2 seasonal code enforcement officers who focus on Nottingham park. They would need to (970) 748-4113 jshoun@avon.org hire an additional 2 full time code enforcement officers who would manage the Town Parking Plan and enforce other code violations. 2023: 1st year costs - $65K + 1 FTE + $15K For Updating Signage + $50K for EV 2024: 2nd year costs - $30K + 2 FTE (1.3 FTE + benefits change) 2025: 3rd year costs - $30K + 2 FTE (1.3 FTE + benefits change) For program revenue, assuming 5 tickets a day on average throughout all Town parking lots and on-street parking areas at $35 may generate $64,000 annually. If paid parking was introduced additional revenues are estimated at $20,000 annually. Total revenues with partially paid parking are $84,000. TOWN CORE PARKING MANAGEMENT OPTIONS: Option 1: Manage Current Parking Ordinances: Public parking would be available with current parking times and regulations left in place. The Police Demartment or Mobiilty would actively manage parking violations. Option 2: Paid parking on Skier Shuttle Route: Implement 3 hour free parking for all on street parking. $1/hr after the first three hours. Free all-day parking will be available at the old Town Hall Location for employees. Option 3: Status Quo: Public parking will be available to everyone with no limit on hours but no overnight parking, including all on-street parking and at the Old Town Hall. TOWN MANAGER RECOMMENDATION: I recommend proceeding with implementation of the Police Department Parking Management Plan option because Avon needs additional code enforcement and community resource officer services. Past efforts to hire season and part-time have been sporadic at best. The Town of Avon has many code enforcement needs beyond parking as well as community resource officer needs in the summer. The option to create two full-time positions will allow the Town to meet these needs in the most efficient manner possible. I don’t have a recommendation on whether to begin charging for paid-parking, although I would note that paying $3 to park an extra three hours is less expensive than paying a $35 parking violation fine. Thank you, Jim ATTACHMENT A: PREVIOUS COUNCIL REPORTS ATTACHMENT B: PROPOSED SIGNAGE ATTACHMENT C: PARKING VIOLATORS (970) 748-4113 jshoun@avon.org ATTACHMENT A: Previous Council Packets TO: Honorable Mayor Smith Hymes and Council FROM: Eva Wilson, Mobility Director; Gary Padilla, Public Works Director; Greg Daly, Chief of Police; Matt Pielsticker, Planning Director; Michael LaBaugh, Recreation Director RE: Parking Management Update DATE: February 25, 2022 SUMMARY: This report follows Nov 2021, Council discussion on parking management for the Town of Avon. Several Councilors had concerns about a paid parking program and its impact on workers. Several Councilors supported a paid parking management program to change behavior and encourage lower reliance on personal vehicle use. Council requested Staff to provide free parking and paid parking options. Parking availability in the Town core has been impacted by overflow from Beaver Creek Resort on several busy weekends this winter season. We have also observed increased illegal parking at the Avon Recreation Center which has impacted their operations. TOWN MANAGER COMMENTS: Council expressed a variety of comments and concerns, including identifying who we are trying to serve and providing free parking for employees. I view the West Beaver Creek Blvd., Lake Street, Benchmark Rd. loop as oriented towards skiers (i.e., Wildridge - Wildwood - Mountain Star - Nottingham residents and visitors) because we have heavily invested in running a skier shuttle on these streets. Therefore, I recommend that paid parking in this area is appropriate for consideration and is an appropriate place to start with paid parking. I recommend the Old Town Hall parking area remain as free parking which can work well for employees who desire to park for the entire day. The Recreation Center parking area will need better signage (i.e., NO SKIER PARKING!!! YOU WILL BE TICKETED !!) and active parking enforcement. The Avon Elementary School parking lot may need this management as well. I believe it is important to be conscious of a positive visitor experience and I do not support funding parking management with high parking tickets (e.g., $50+) with the exception of the Recreation Center. Lastly, no matter what we do, I expect we will need to adjust as we experience changes in parking behavior and as parking demands fluctuate. BACKGROUND: There are approximately 343 parking spaces for Town/Public facilities and 168 public on- street parking spaces in the Avon commercial core area and 170 public parking spaces at Traer Creek Plaza. All Parking areas are serviced by Avon Transit. Parking violators will park all day and risk enforcement. A parking ticket costs $35 in the Town core, $25 outside of the Town core, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. A Paid-Parking program may encourage parking turnovers and reduce illegal parking. It may also encourage transit use and other greener transportation options by disincentivizing driving. TOWN CORE PARKING MANAGEMENT OPTIONS: Option 1: Free parking: Public parking will be available to everyone with no limit on hours but no overnight parking, including all on-street parking and at the Old Town Hall. Option 2: 3 Hour Free Parking: Public parking would be available for 3 hours only between the hours of 7am and 5pm. All day free parking would be available at the Old Town Hall parking lot. Option 3: Paid parking on Skier Shuttle Route: Year-round paid parking would be introduced for the parking spaces on Skier Shuttle Route (W Benchmark Rd, Lake Street, and W Beavercreek Blvd) which is (970) 748-4113 jshoun@avon.org proposed to start at $2/hr after the first three hours. Free all-day parking will be available at the old Town Hall Location for employees. The Town of Avon and Beaver Creek Resort invest approximately $250,000 annually on the Skier Express Shuttle. For the choice of parking spaces (~100 spaces) shown below, a $2/hr. fee will be applied after three hours. Assuming we can generate $3/parking space/day during the busy weekends, holiday weeks, and spring break weeks (60 days per year) and a modest amount the rest of the year, the projected revenue is $40,000/yr. RECREATION CENTER PARKING MANAGEMENT: The Avon Recreation Center is an important amenity for visitors and locals. With 136 parking spaces, it is sufficient for patrons and town vehicles. Unfortunately, during the winter season, skiers park at the Recreation Center parking lots. This condition is further exacerbated when the Beaver Creek lots are full. Additionally, Beaver Creek Resort stopped leasing the Rodeo Lot due to high cost, and infrequency (happens a couple of times every season.) Attendees to Town Special Events have also encroached on the Recreation Center parking lot. Recommendation: To discourage illegal parking at the Recreation Center, violation fines will have to increase significantly. In addition, providing additional parking spaces may help with illegal parking. Option 1: Designate the Avon Recreation Center Parking Lots for “Patrons Only” and establish a parking violation fine of $50-100. Town Staff will have the flexibility to permit Special Events parking with signage and notification. (970) 748-4113 jshoun@avon.org Avon Recreation Center And/or Option 2: Open W. BC Blvd (westbound shoulder) for skier overflow parking when the Beaver Creek Resort parking lots are full. Historically, Beaver Creek Resort parking lots fill up several times a year. A parking fee of $10 to $20 would offset the cost of providing a skier shuttle to the site. This option would only be available if we implement the paid parking program. (970) 748-4113 jshoun@avon.org Overflow Skier Parking Area (970) 748-4113 jshoun@avon.org FINANCIAL CONSIDERATIONS: Parking management requires active parking enforcement, even with the existing free parking policies. A full-time parking enforcement officer would work 10 hour shifts four days a week. Two parking enforcement officers would be required to provide coverage seven days a week during the busy seasons. In addition, an electric vehicle, license plate reader and parking management software and equipment would be needed (estimated to cost $100,000). A free parking management program would be managed by the Police Department. A paid-parking management program would be managed by the Mobility Department. The cost of parking enforcement personnel is estimated $90,000/yr. ($60,000 salary plus benefits). Currently, the Transit Supervisor and Superintendent monitor the transit radio after the workday offsite, 5- 10 pm. The Parking Supervisor would cross-train with the Transit Supervisor for better and full onsite coverage of daily operations for parking and transit (6 am to 10:30 pm daily.) Mobility may be able to support parking enforcement coverage with existing Mobility staff so that only one additional parking enforcement position is required. This would result in an annual operating expense of $90K along with an initial first year expense of $80,000 for free parking and $100,000 for a partial paid parking program. For program revenue, assuming 5 tickets a day on average throughout all Town parking lots and on-street parking areas at $35 may generate $64,000 annually. If paid parking were introduced additional revenues are estimated at $40,000 annually. Total revenues with partial paid parking are $104,000. Thank You, Eva, Greg, Gary, Matt, and Michael ATTACHMENT A: Nov 9, 2021, Council Report: Paid-parking Analysis and Plan TO: Honorable Mayor Smith Hymes and Council FROM: Eva Wilson, Mobility Director; Danita Dempsey, CASE Manager; Gary Padilla, Public Works Director; Greg Daly, Chief of Police; Justin Hildreth, Town Engineer; Matt Pielsticker, Planning Director; Michael LaBaugh, Rec Center Director RE: Paid-Parking Program Analysis DATE: October 18, 2021 SUMMARY: Council requested an analysis of a paid-parking program for the Town of Avon (TOA.) This written report provides a background of our existing parking concerns and proposes a program to implement parking fees for Avon’s publicly owned parking spaces. UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all people, whether they own a car or not. Managed parking is needed to stimulate turnover and encourage public transit use. Free parking encourages private vehicle usage. For Avon, primary parking concerns are 1) the low turnovers of parking spaces due to employees and skiers, 2) the Recreation (Rec) Center parking spaces are occupied by employees, skiers, and Special Events attendees. On the other hand, Avon residents say they do not attend special events due to a lack of parking, 3) the lack of parking for Harry A. Nottingham Park patrons, 4) the demand for overnight and oversized vehicles in town. Parking violators will park all day and risk enforcement. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. A Paid-Parking program will encourage parking turnovers and reduce violators. It may also encourage transit use and other greener transportation options by disincentivizing driving. Revenue from a paid- parking program will fund a more systematic, comprehensive enforcement program. For Overnight and Oversized parking needs, there are no available Town-owned spaces that can support this demand. There are discussions with Traer Creek & Hoffmann, to support overnight and oversized vehicles at Tract A. A single-tier fee structure is recommended for simplicity. At the planning stage, a lot of assumptions are made to estimate potential revenue from a paid-parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a much lower demand for the TOA, 50% of the estimated revenue ($500,000) should cover the cost of operating a paid-parking program. (970) 390-2014 ewilson@avon.org Page 2 of 11 Program management will include Parking software, Equipment, and Staffing. Based on implementation costs from other agencies, approximately $200,000 - $300,000 will be needed (Software, Kiosks, Parking Software App, and License Plate Reader.) There are variations among the many different parking software applications. As a start, to manage and enforce the program, an estimate of 3 staff would be needed at a cost of $270,000/year (similar to the Town of Breckenridge.) Potential revenue dedication after program overhead could be 1) transit service 2) micro-mobility service such as ebike shares 3) Parking Pavement Maintenance and Markings, and 4) Green initiatives. BACKGROUND: There are approximately 2,185 public parking spaces in the Avon core area, see Table 1. About 500 spaces are owned and maintained by the Town. Of these, about 160 spaces are on- street spaces with the remaining 340 spaces in lots serving town amenities/services. All Parking areas are serviced by Avon Transit. There are various parking challenges. Table 1. Public Parking Space Inventory in the Avon Community Page 3 of 11 On-Street Parking Turnover of on-street parking continues to be an issue, especially parking spaces on West Benchmark Road. Local employees and Skiers have found those spaces attractive, close to Avon Station and large employment centers such as the Westin and Four Seasons. Demand for parking spaces is dynamic and is somewhat driven by development/construction and employment centers. Rec Center – The Avon Rec Center is an important amenity for visitors and locals. The usage peaks between 5-8 pm. With 136 parking spaces, one may say parking is sufficient. Unfortunately, others have used those parking spaces for other reasons than to visit the Rec Center. During the winter season, skiers looking for free parking have parked at the Rec Center. Attendees to Town Special Events also encroached on the Rec Center parking lot. This summer, a lacrosse tournament overwhelmed the Rec Center parking lot and many users were unable to access the center. Harry A. Nottingham Park – The north parking lot for the park/beach consists of 20 parking spaces. It is currently marked for 8 drop-offs, 2 ADA, and 10 2-hr parking spaces. The park and beach are very popular. Prior to May 2021, overflow parking was allowed on the shoulders on the north side of W BC Blvd. The ad hoc, parking on the shoulders was not ideal. Visitors were not using the Elementary School parking lot due to distance and terrain concerns. Adding approx. 70 paved, angled, parking spaces on W. BC Blvd is estimated at $1.2M. Although the Sep 2021 Community Survey found 50% of the respondents wanted improvements to parking and pedestrian safety on West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included trespassing onto private property and inappropriate behavior. Special Events – Summer concerts and evening venues continue to be very popular and are a big draw for the town. In the Sep 2021 Community Survey, 30% of the respondents said they did not attend Town events because parking was too difficult. Attendance can range from 2,000 to 10,000. From a low of 2,000 attendees (assuming half will walk to the venue) 333 parking spaces are estimated to be needed for 1,000 attendees who would drive. To support larger venues, Special Events has leased the Beaver Creek parking lots and private lots. It is expected that more mitigation strategies such as express shuttles are needed to reduce parking space demand for larger venues. Due to the proximity of the Rec Center parking lot to the Performance Pavilion, the Rec Center Parking Lot continues to be encroached upon during special events. Town Hall - Parking spaces at the Town Hall are reserved for Town Hall visitors, Avon staff, and the Seasons Hotel (a 2-hr limit.) There are 4 Drop-off spaces for Prater Ln Preschool. In 2019, the town implemented permit parking for Avon residents on days the Town Hall is closed (Weekends and Holidays). In the 2019-2020 ski season, 8 permits were issued. In the 2020-2021 ski season, 13 permits were issued. The permits are issued electronically via email by the Mobility Dept. Plans are to continue to offer this opportunity to Avon residents. Overnight/Oversized Parking - Staff continues to receive requests for overnight parking for cars, campers, and oversized vehicles. Overnight parking is not permitted in Town-owned parking lots and on-street parking. Prohibition is due to access for snow removal and avoidance to compete with lodges in the summer. For Overnight and Oversized parking needs, there are no available Page 4 of 11 Town-owned spaces that can support this demand. Accommodations have been made for visitors staying in Avon and traveling in campers and oversized vehicles. The Police Dept and Public Works have accommodated them at the upper tier lots at Swift Gulch site, free of charge. This site is designated for future employee housing. There are discussions with Traer Creek & Hoffmann to support overnight and oversized vehicles at Tract A. Local Lodging Parking Management – Avon Lodges varies in the management of their onsite parking. Among the lodges below, only Westin doesn’t provide employee parking. During peak times, holidays, some lodges encourage their employees to take transit or park elsewhere. 1. Comfort Inn: One parking pass per room rental at no additional cost. A second pass may be issued under special request at no additional cost. Employees park on site. Housekeepers use transit. Summer is their highest parking demand. Had issues with violators until PD issued citations. 2. Sheraton: One parking space per room at no additional cost. A second pass may be issued under special request at no additional cost. Employees park on site. The holiday season is their peak demand, and they may ask employees to park elsewhere. During the summer, they receive 1 to 2 requests for RV parking. 3. Christie Lodge: One parking pass per one-bedroom room at no additional cost. Two parking passes per 3-bedroom room at no additional cost. $10/day for additional parking spaces. Employees park on site. Strict monitoring of parking passes. 4. Wyndham: $15/night per vehicle. No limit. Employees park on site/in the garage. 5. Seasons: Free underground parking garage for all guests. Up to 3 vehicles per unit. All employees park on site. Entry gate control parking violators. 6. Westin: $35/$45 (valet) per night for guests. $60/night for non-hotel guests. Gym members have passes. No parking for employees on site. Their biggest issues are requests for oversized vehicles Signage and Consistency in Parking Limits – Parking signs and time limits vary based on location. Consistent parking time limits may be easier to remember, understand, follow, and enforce. W. Benchmark W. Rec Center E. Rec Center Beach Lake Street Library Old Town Hall Page 5 of 11 Enforcement: The police department enforces parking regulations as well as code enforcement at Harry A. Nottingham Park. Parking enforcement is augmented by a code enforcement officer during the busy holiday season and Summer activities. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. OTHER PAID-PARKING PROGRAMS: Neighboring resort communities such as the Town of Vail, the Town of Breckenridge, and the Town of Aspen have implemented a paid-parking program for years. A summary of other local resort communities that charge for parking is attached. Town of Vail (TOV) – TOV manages over 3,000 parking spaces with 20+ in-house staff. For 2022, they are projecting $2M expenditures which includes $1M in equipment and software replacement. Their projected revenue is $6.5M accrued in their General Fund. All parking spaces in the Town of Vail are housed in parking garages and lots and operational 24/7. Town of Breckenridge (TOB) – TOB manages over 2,000 parking spaces consisting of on-street parking and parking lots. The service is contracted to the Interstate Parking Company. A staff of 3 manages the contract. Their revenues are dedicated to their fare-free transit operations and Mobility Capital projects. Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner” Town of Aspen (TOAs) – TOAs manages over 4,000 parking spaces consisting of 685 main street spaces, 3,000 residential parking spaces, and a 300-space parking garage. Their 11+ in-house staff includes 6 enforcement officers. The program includes parking fees, permits, and carpool permits. Their revenues are dedicated to their fare-free transit/mobility program. Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees; Sale tax rises every time they raise parking fees” Page 6 of 11 PAID-PARKING ANALYSIS: UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all people, whether they own a car or not. Professor Shoup also cautions that free parking forces people to cruise for spots (increasing emissions) and subsidizes driving. Professor Shoup’s research shows free parking subsidy increases the demand for parking and the total number of miles driven. Additional research shows that among dense American cities, public transit use is significantly higher where parking is more expensive. Free parking encourages private vehicle usage. Professor Shoup recommends charging the right price for parking, with is ideally, letting the market set at the lowest rate necessary to achieve an availability of approximately 15 percent, to avoid cruising. Parking demand varies by location, time of day, day of the week, and season. With Avon’s parking concerns, a Paid-Parking program will encourage parking turnovers, transit use, and use of other greener transportation options by disincentivizing driving. The fee structure can be a single tier for all spaces or a tiered structure with the 1st tier for premium spaces. Starting a paid-parking program with a single tier rate structure system may be simplest for users to remember and follow, and for managers to manage. With a Single Tiered fee structure, all TOA public parking spaces would be free for 1st two hours of use, then the fee would be $2/hr. For example, it would cost $4 to park for four hours, and parking all day in Avon, 8 am - 5 pm would cost $14. With a two-tier parking fee structure, the parking spaces closest to the mountain, Avon Station, and Performance Pavilion would carry the premium fees (highlight in red.) The lower tier parking spaces, such as W. Beaver Creek Blvd, and E. Benchmark Rd, would have a lower fee (highlighted in yellow.) Page 7 of 11 Single Tier Paid-Parking Fee Structure – Avon Town Core Single Tier Paid-Parking Fee Structure – West Avon Page 8 of 11 Two Tier Paid-Parking Fee Structure – Town Core Two Tier Paid-Parking Fee Structure – West Avon Page 9 of 11 For the Rec Center, paid parking will disincentivize skiers, it will be cheaper to park at the Elk or Bear lot. However, usage at the Rec Center may regularly exceed the 2 hr free period. The parking management software will need to be able to waive the 3rd-hour fee when they check into the Rec Center. For Special Events, with paid parking, it is anticipated that employees and skiers will no longer take up public parking spaces during the day, and thus will free up parking spaces along Lake Street and W. Benchmark Rd going into the evening. Avon staff has observed parking availability at the Town Hall parking lot during Avon Live music venues. Parking direction/information may need to be more targeted for Special Events. Harry A. Nottingham Park – Park usage continues to be high. Although the Sep 2021 Community Survey found 50% of the respondents wanted improvements to parking and pedestrian safety on West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included trespassing onto private property and inappropriate behavior. Adding approx. 70 paved, angled, parking spaces and a pedestrian crossing on W BC Blvd is estimated at $1.2M. Targeted communication for park patrons to park at the Elementary School may be needed. Another review of the on-street parking on W. Beaver Creek Blvd. concept will be needed if demand continues to grow. The demand for oversized and overnight parking cannot be met with Town’s property. A potential site is Track A, the green circle. Staff has initiated conversations with Traer Creek & Hoffmann about potentially using the upper lot for overnight and oversized vehicles. Their concern is the potential disturbance and trash by the additional parking traffic, as they have seen at the Walmart parking lot. Permitted parking will provide additional control needed for proper management. Permits will only be extended to Avon residents and visitors staying in an Avon lodging facility. The parking revenue will be used to keep the site clean and surveilled. Staff will continue to work with the Lindholms. Page 10 of 11 IMPLEMENTING PAID-PARKING PROGRAM: There are many Parking Management Applications available, and they have evolved to meet everyone’s needs. Comprehensive programs include access through smartphone apps, solar-powered kiosks, and websites. Programs can be operated by in-house staff or be completely contracted out for a turn-key service, such as the TOB. Starting a paid-parking program with a single fee structure may be the simplest to manage and enforce, charging a parking fee from 8 am to 5 pm during the winter and summer season. Visits less than 2 hrs will be free, then the parking fee will be $2/hr. Parking for 4 hrs would cost $4 and parking all day in Avon would cost $14. At the planning stage, a lot of assumptions have to be made to estimate potential revenue from a paid- parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a much lower demand than TOV, 50% of the estimated revenue - $500,000 may cover the cost to operate a paid-parking program. Program management will include Parking software, Equipment, and Staffing. Based on implementation costs from other agencies, approximately $200,000 - 300,000 will be needed (Software, Kiosks, Parking Page 11 of 11 Software App, and License Plate Reader.) In addition, to manage and enforce the program, as a start, an estimate of 3 staff would be needed at a cost of $250,000/year. Parking Management falls under the Mobility Department. The mobility management team consists of a Director, a Superintendent, and a Supervisor. With 16.5 hrs/7days (120hrs/wk) a week transit operation, the supervisory staff is already stretched very thin. Staffing levels will depend on the structure of the paid- parking program, contracted or in-house. A minimum staff of a Parking Superintendent and 2 parking operators will be needed based on the Town of Breckenridge’s turnkey parking program and for 7 days a week coverage. The Transit and Parking teams would cross-train to support both activities. Potential net revenue dedication could be 1) transit service 2) Micro mobility programs such as ebike shares 3) Parking Pavement Maintenance and Markings and 4) Green initiatives, STEPS FOR IMPLEMENTATION – Nov 2022: 1) Hire a Parking Supervisor -Jan 2022 - Work on implementation details of a paid-parking program/plan 2) Finalize Paid-Parking Plan/Staffing level with Council – May 2022 3) Request for Proposal – Software/equipment – Jun 2022 - Select inhouse or contract services 4) Purchase/Install software/equipment/Signage – Aug 2022 5) Hire appropriate level of Parking Staff – Aug 2022 Thank You, Eva, Danita, Greg, Gary, Justin, Matt, and Michael Attachment: Local Community Parking Program Summary Local Community Parking Program Summary Community Implementation Program Details Management Sample Fees Implementation Cost Annual Operation Cost Annual Revenue Net Revenue Revenue Utilization Notes Aspen N/A - Approximately 4,000 parking spaces - Main Street - 682 spaces - Residential - 3,000 spaces - Parking Garage - 300 spaces In-house Mgmt (11+ staff): - 1 Parking Director - 1 Operations Mgr - 1Programs Mgr (T2 software/permits) - 2 customer service - 6 Enforcement Officers - Paid Parking 10 a.m. to 6 p.m. 10:00 AM - 10:59 AM: $4/hr 11:00 AM - 2:59 PM: $6/hr 3:00 PM - 6:00 PM: $4/hr - Sundays - free - Residential Parking Pass: Mon-Fri - Two hours FREE parking per day - Garage parking $12.50 per day. - Carpools permits - EV and NEVs FREE - Hybrids park for 50% off residen - Construction/reserved parking $100 per day - Event parking $10 per day - No Overnight Parking $900,000 - $750,000 - Kiosks/meters - $150,000 - two vehicle with License Plate Readers $2M - Aspen Staff - Software subscription and support (T2) - park city utah - 3am 7am snow removal. No garages - 6pm - Equipment $4M $2M Dedication to Free Transit Raised parking fees raised sales tax Future: All mobile payments to save kiosk and meter Breckenridge 2015/16 - Approximately 2,200 parking spaces - On Street Parking (600) - Parking Lots (1600) Contracted Service (Interstate): Breckenridge Staff: - 1 Parking Manager - 1 Parking specialist - 1 Community officer Main Street weekday rates: - 15 minutes: free - First hour: $0.50 - Second/third hours: $1 per hour - Fourth/beyond: $3 per hour - All day: $23.50 weekend rates - 15 minutes: free - First hour: $0.50 - Second hour: $1.50 - Third hour: $2 - Fourth/and beyond: $5 per hour - All day: $39 - Overnight Parking Lot: $30/night $650,000 - Kiosks equipment (installed by PWs) - $100,000 for car and License Plate Reader - Marketing: $15,000: logo, mailers, Ads $1.1M - $100,000 kiosk replacement - Bank Card Fees - Interstate: Flat-fee ($640,000) - Passport: App Software/per transaction fee/Permit Mgt - Parkeon: Kiosk Cost - Breck staff and supplies $2M $1 M Dedicated to transit operation and Mobility Capitol Projects New Building a parking structure planned: - 550 existing - Adding 405 more spaces - two stories/3 stories - $45M/$50M (loan) Vail N/A -Approximately 3,000 spaces - Three Parking Garages - Red Sandstone Structure - 120 weekdays - 160 weekends or school out - Ford park soccer fields - Donovan Pavillion In-house Mgmt (24/7 operations)(20+ parking staff): -1/2 transit manager - 3 supervisors - 3 Technicians - 14 atendents - 2 ticket writers - 1/2 part FTE: ticket sales 0 to 2 hrs Free 2 to 3 hrs $10 3 to 4 hrs $20 4 to 15 hrs $30 15 to 24 hrs $50 3pm until 3am Free $1M in 2022 for equipment replacement $2M - Staff - Equipment/Supplies - Software/Apps - Does not include Bldg Maintenance $6.5M $4.5M General Fund N/A Paid Parking for the Town of Avon 2 Paid Parking Analysis Should the Town of Avon charge for parking? - Smarter Parking Management - Encourage Turnovers - Encourage Mass Transit Use - Equitable? Who really pays for parking 3 Existing Parking Condition Community Total: 2,185 parking spaces - Town Owned: 511 Spaces - On-Street – 168 Spaces - Lots – 343 Spaces - Private: 1,574 Spaces 4 Existing Parking Condition • On-Street Parking - Low turnover • The Avon Rec Center - Parking violators • Harry A. Nottingham Park - Low Inventory • Special Events - Low Inventory/Low Turnover/Parking violators • Town Hall Lot - Weekend Skier Permit Parking • Overnight/Oversized Parking - No available Town property - Continue to discuss with private entities 5 Sale tax rises every time they raise parking fees” Other Parking Programs • Town of Vail – manages over 3,000 parking spaces, 20+ in-house staff - Operating Cost: $2M – Revenue: $6.5M - Revenue accrued in General Fund • Town of Breckenridge – manages over 2,000 parking spaces, 3 in-house staff - Operating Cost: $1.1M – Revenue: $2M - Turnkey service contracted to the Interstate Parking Company - Revenues dedicated to fare-free transit/Mobility Capital projects Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner” • Town of Aspen – manages over 4,000 parking spaces, 11+ in-house staff - Operating Cost: $2M – Revenue: $4M - Program includes parking fees, permits, and carpool permits - Revenues are dedicated to their fare-free transit/mobility program Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees; 6 Recommendation – Single Rate Structure 7 Recommendation – Single Rate Structure 8 Implementation Proposal STEPS FOR IMPLEMENTATION: 1) Hire a Parking Supervisor -Jan 2022 - Work on implementation details of a paid-parking program/plan 2) Finalize Paid-Parking Plan/Staffing level with Council – May 2022 3) Request for Proposal – Software/equipment – Jun 2022 - Select inhouse or contract services 4) Purchase/Install software/equipment/Signage – Aug 2022 5) Hire appropriate level of Parking Staff – Aug 2022 6) Operational – Nov 2022 9 ATTACHMENT B Uniform Signage around Town: ATTACHMENT C: Parking Violation Pictures Skier loading at Avon Station. Skier drop off at Taco Truck. 10-minute loading zone 10:45 AM. Unattended vehicle at Westin. 10-minute loading zone 12:45 AM. Unattended vehicle at ANB Bank. Lake Street Charging Stations. Lake Street Charging Stations. Avon Transit Parking Only. Shoulder Parking at Christie Lodge. Shoulder Parking at Christie Lodge. Rear Panel Accident. Parking at Northside Kitchen Bus Stop. 970-748-4052 cwilmers@avon.org TO: Honorable Mayor Amy Philips and Council FROM: Craig Wilmers, Fleet Manager; Charlotte Lin, Sustainability Coordinator RE: Fleet Conversion to Electric & Hybrid Vehicles DATE: March 16, 2023 SUMMARY: This report is to update council on the progress the Town and Fleet department have been making on converting Town vehicles to all electric. This is submitted as a written report and no action by Council is requested. The Town of Avon has an expressed goal to meet or exceed the Town’s “Climate Action Plan” which is in alignment with Eagle County’s “Climate Action Plan for the Eagle County Community”. Currently Eagle County’s reports a goal to have a 2% increase in electric vehicles (“EVs”) each year of all registered vehicles in the County until 2030, then 5% adoption until 2050. BACKGROUND: Avon Town Council has directed Town, including the Fleet Department, to work towards greenhouse gas (“GHG”) emissions reductions that meet or exceed the County and State target years and percentages. The Fleet Department has identified the conversion of gas-powered vehicles to hybrid or EVs, as well as the conversion of hybrid vehicles to EVs, as a primary strategy to reduce GHGs. The Fleet Department has initiated a 5-Year Plan, beginning in 2023, to bring the percentage of hybrid and electric vehicles up from 54% to 81% of the total vehicles in the Town’s fleet. Notably, this 5-Year Plan also increases the number of total fleet vehicles from 54 to 62. In 2023, the Town has already purchased five new all-electric, All Wheel Drive (“AWD”) Volkswagen ID.4’s and two all-electric F150 Ford Lightning trucks, resulting in a 13% increase in electric vehicles as a percentage of fleet vehicles (Attachment A – ID.4 Press Release). The Town also added three more hybrid vehicles to departments, and a total of ten hybrid vehicles for the Police Department. While national data and averages help determine the impact of vehicle purchases, Town of Avon Fleet-specific assumptions and averages allow for a more localized assessment (Table 1-1). Vehicle Type # of Vehicles % of Total Fleet Gas-Powered 25 46% Hybrid 22 41% Electric (EV)7 13% Total 54 100% Town of Avon - Current Fleet* by Vehicle *Does not include diesel-powered or heavy-duty vehicles Vehicle Type # of Vehicles % of Total Fleet Gas-Powered 12 19% Hybrid 34 55% Electric (EV)16 26% Total 62 100% Town of Avon - 2027 Anticipated Fleet* *Does not include diesel-powered or heavy-duty vehicles Vehicle Type Average Annual Miles Driven per Vehicle Average Miles Traveled Per Gallon of Gas Average Gallons of Gas Per Year GHG Output Equivalent (CO2e metric tons) Gas-Powered 10.2 734 6.5 Hybrid 25 300 2.77500 Table 1-1 Town of Avon Fleet Vehicle Averages and Assumptions Page 2 of 4 Applying Town-specific data reveals the GHG reduction associated with EVs when compared to gas-powered and hybrid vehicles as part of the Town’s fleet (Table 1-2). It is important to note however, that the production of an EV is likely to generate more GHGs than the production of a similar gas-powered vehicle. This report does not include GHG emissions related to production or manufacturing. The variety of costs and fuel usage associated with vehicles represented in the Town’s existing fleet allow for various comparisons with respect to Return on Investment (“ROI”) for similar future purchases. EVs purchased and operated by the Town have no associated GHG emissions beyond those emissions related to the production process thanks to the PuRE program offered by Holy Cross Energy. Therefore, the most effective form of ROI comparison is shown through future business-as-usual expenditures and GHG emissions, rather than GHG reduction (Table 1-3). This type of modeling allows for ROI calculations between two vehicles. The ROI calculation can assess not only when the reduced fuel costs associated with an EV offset a higher purchase price for the same EV, but also how the choice between one vehicle versus another impacts GHG emissions. In many comparisons, the cost of an EV with a higher purchase price when compared to a similar non-EV is offset by reduced fuel costs in a period of less than ten years (Table 1-4). Vehicle Type Energy Use per 100 Miles GHG Output per 100 Miles (CO2e metric tons) GHG Output Equivalent per 7500 Miles (CO2e metric tons) Gas-Powered 9.8 gallons of gas 0.087 6.53 Hybrid 4 gallons of gas 0.036 2.7 Electric (EV)34 kWh 0.015 1.125 Table 1-2 Vehicle GHG Comparison 3 Year 6 Year 9 Year 3 Year 6 Year 9 Year Chevrolet Tahoe 59,967.60$ $64,740.20 $74,285.40 0.012 0.024 0.048 Ford Explorer 50,405.90$ $53,756.80 $60,458.60 0.009 0.017 0.034 Toyota Highlander 44,548.30$ $46,766.60 $51,203.20 0.006 0.011 0.022 Ford Interceptor 53,296.88$ $56,343.75 $62,437.50 0.008 0.017 0.033 Ford F-150 Lightning 51,312.00$ $52,347.00 $54,417.00 0 0 0 Volkswagen ID.4 47,935.25$ $48,711.50 $50,264.00 0 0 0 EV Table 1-3 Cost of GHG Emissions Over Time by Vehicle Type Purchase + Fuel Costs GHG Emissions per $1000 spent (metric tons)Vehicle Type Example Vehicle (2022 Model) Gas-Powered Hybrid 3 Year 6 Year 9 Year 3 Year 6 Year 9 Year Hybrid Toyota Highlander 44,548.30$ $46,766.60 $51,203.20 EV Volkswagen ID.4 47,935.25$ $48,711.50 $50,264.00 3,386.95$ 1,944.90$ -$939.20Purchase & Fuel Cost Differential Table 1-4 Hybrid Highlander Vs. EV Volkswagen ID.4 5.6 11.2 22.4 Vehicle Type Vehicle Purchase + Fuel Costs GHGs Reduced (metric tons) Page 3 of 4 Additionally, some EV purchase scenarios represent a win-win: a lower purchase price when compared to a different non-EV in addition to reduced GHGs (Table 1-5). ANALYSIS: The 5-Year Plan represents several implications for the Town, our goals to reduce GHGs, and expenditures related to sustainable investments: • An estimated reduction 132.3 metric tons of CO2e (GHGs) over five years (See Attachment B – GHG Reduction Modeling) o This is an 18% reduction of average annual GHG emissions from 2023 to 2027 • A 15% increase of total fleet vehicles • An estimated $1,672,500 cost for vehicle purchases (Table 2-1) • A conservative estimate of $58,790 reduction in fuel costs (See Attachment C – Fuel Cost Reduction Modeling) FINANCIAL CONSIDERATIONS: The Five-Year Plan’s return-on-investment (“ROI”) calculation shows that a reduction of 132.3 metric tons of GHG at the cost of $1,672,500 equates to .08 metric tons of CO2e reduced per $1,000 spent. Comparatively, the three solar panel projects on Town-owned buildings collectively represent a 2.05 metric tons of CO2e reduced per $1000 spent. While the ROI comparison highlights solar panel projects as substantially more effective in reducing GHGs when compared with EV purchases, a few considerations merit discussion: • The Town will likely need to purchase some type of vehicle(s) in the next five years o The cost of gas-powered vehicles could be subtracted from the $1,672,500 for a more accurate ROI calculation • As gas prices increase, the ROI of hybrid and EV purchases increases • The ROI calculation assumes a moderate increase of vehicle purchase costs in each year of the 5-Year Plan however, EVs and hybrid vehicles could see a reduction in purchase costs, resulting in an increased ROI 3 Year 6 Year 9 Year 3 Year 6 Year 9 Year Gas-Powered Ford Explorer 50,405.90$ $53,756.80 $60,458.60 EV Volkswagen ID.4 47,935.25$ $48,711.50 $50,264.00 -$2,470.65 -$5,045.30 -$10,194.60 17 34 GHGs Reduced (metric tons) Purchase & Fuel Cost Differential 8.5 Purchase + Fuel CostsVehicle Type Vehicle Table 1-5 Gas-Powered Explorer Vs. EV Volkswagen ID.4 Year Hybrid Purchases Hybrid Purchase Costs EV Purchases EV Purchase Costs Vehicles Phased Out Total Fleet Vehicles 2023 8 300,000$ 7 350,000$ 11 54 2024 5 200,000$ 3 157,500$ 6 56 2025 1 42,500$ 2 110,000$ 1 58 2026 3 135,000$ 2 115,000$ 3 60 2027 3 142,500$ 2 120,000$ 3 62 Total 20 820,000$ 16 852,500$ 24 Table 2-1 Town of Avon Fleet Vehicle Purchase Plan Total Purchase Costs: $1,672,500 for 36 vehicles Page 4 of 4 Additional financial assumptions and considerations include: • The cost of a new Volkswagen ID.4 is $47,159, a new Hybrid Toyota Highlander is $42,330, and the cost of a new Gas Chevrolet Tahoe is $55,195. o These numbers are all base model 2022 MSRP (Manufacturer Suggested Retail Price) • Up front the all-electric vehicles are more expensive, but substituting gasoline for more affordable renewable electricity helps recoup purchase costs over time. o One gas-powered fleet vehicle uses roughly $2,400 of gas per year RECOMMENDATION: My recommendation is to continue to diligently work towards our sustainability goals, including fleet conversion, and continue to set the standard throughout the valley. Staff should assess the Five-Year Plan at its conclusion, and evaluate patterns and progress related to emissions reduction. Come test drive a VW ID.4 today! Thank you, Craig ATTACHMENTS Attachment A: VW ID.4 Press release Attachment B: GHG Reduction Modeling Attachment C: Fuel Cost Reduction Modeling ATTACHMENT A – ID.4 Press Release For Immediate Release | February 15, 2023 Town of Avon Charges Ahead with Electric Vehicles Five new all-electric Volkswagen ID.4s added to Town vehicle fleet Avon, CO - If you’re enjoying the fresh air in Avon lately, you might notice a hint of new-car smell. That’s because the Town of Avon recently purchased five all-electric Volkswagen ID.4 SUVs to be included in the Town’s vehicle fleet. The ID.4s represent not only progress towards Eagle County’s climate action goals, but stand out as a long-term investment to reduce fuel costs over time. Additionally, the ID.4s are American-made, and show that green technology and manufacturing can bolster our national and local economy. The Town of Avon has long sought sustainable investments that maximize return on investment and minimize environmental impact. Ground transportation represents one of the largest contributors to greenhouse gases (GHGs) in Eagle County over the last decade, and the majority of emissions attributed to transportation in the U.S. come from light-duty vehicles like passenger cars. For the region to reduce GHGs and improve local air quality, the car-purchasing habits of individuals and local governments warrant a paradigm shift. Eagle County’s Climate Action Plan advises the same, and states goals to increase electric vehicles (EVs) as a percentage of all vehicles registered in the County. Count on Avon to get in gear! “Avon is excited to roll out the new Volkswagen ID.4s and to be on the cutting edge of electric vehicle technology,” said Fleet Manager Craig Wilmers. “These vehicles are American made and will contribute significantly to fuel savings and help meet the Town’s goal in reducing greenhouse gas emissions.” The ID.4s contribute to major savings relative to fuel costs as well. Without the need for costly trips to the gas pump, the new Volkswagens save the Town and our community members thousands of dollars annually. As gas prices increase, that return on investment only gets sweeter, and the Town’s electricity provided by Holy Cross Energy is guaranteed to come from 100% renewable energy sources through the PuRE program. Many of those renewable energy sources used in the PuRE program, including wind, hydro, and solar projects, are built and operated here in Colorado. So whether you’re interested in saving the planet or improving the jobs outlook in the U.S., EVs should be considered part of the equation. And if you’re holding your breath waiting for gas prices to go down… maybe exhale instead and start thinking about an EV as your best, next decision. For questions about the new vehicles, please contact Fleet Manager Craig Wilmers at cwilmers@avon.org. # # # ATTACHMENT B – GHG Reduction Modeling Existing Vehicle Type Average Annual GHG Emissions per 7500 Miles per Vehicle (CO2e metric tons)2023 # of Vehicles 2023 Total Fleet GHG Output (metric tons) Gas-Powered 6.83 25 170.625 Hybrid 2.7 22 59.4 Electric (EV)1.125 7 7.875 Total 54 237.9 NA Existing Vehicle Type Average Annual GHG Emissions per 7500 Miles per Vehicle (CO2e metric tons) 2027 Anticipated # of Vehicles 2027 Total Fleet GHG Output (metric tons) Gas-Powered 6.83 19 129.675 Hybrid 2.7 27 72.9 Electric (EV)1.125 10 11.25 Total 56 213.825 24.075 Existing Vehicle Type Average Annual GHG Emissions per 7500 Miles per Vehicle (CO2e metric tons) 2027 Anticipated # of Vehicles 2027 Total Fleet GHG Output (metric tons) Gas-Powered 6.83 18 122.85 Hybrid 2.7 28 75.6 Electric (EV)1.125 12 13.5 Total 58 211.95 25.95 Existing Vehicle Type Average Annual GHG Emissions per 7500 Miles per Vehicle (CO2e metric tons) 2027 Anticipated # of Vehicles 2027 Total Fleet GHG Output (metric tons) Gas-Powered 6.83 15 102.375 Hybrid 2.7 31 83.7 Electric (EV)1.125 14 15.75 Total 60 201.825 36.075 Existing Vehicle Type Average Annual GHG Emissions per 7500 Miles per Vehicle (CO2e metric tons) 2027 Anticipated # of Vehicles 2027 Total Fleet GHG Output (metric tons) Gas-Powered 6.83 12 81.9 Hybrid 2.7 34 91.8 Electric (EV)1.125 16 18 Total 62 191.7 46.2 Town of Avon - 5 Year Fleet Purchase Plan - GHG Reduction Modeling Total GHGs Reduced: 132 metric tons of CO2e (GHGs) GHGs Reduced Compared to 2023 2027 Anticipated GHG Output 2026 Anticipated GHG Output 2024 Anticipated GHG Output 2025 Anticipated GHG Output 2023 GHG Output GHGs Reduced Compared to 2023 GHGs Reduced Compared to 2023 GHGs Reduced Compared to 2023 GHGs Reduced Compared to 2023 ATTACHMENT C – Fuel Cost Reduction Modeling Existing Vehicle Type Average Annual Gallons of Gas per Vehicle 2023 # of Vehicles Total Energy Used (gallons of gas) Gas-Powered 734 25 18,350 Hybrid 300 22 6,600 Total 54 24957.875 87,352.56$ Existing Vehicle Type Average Annual Gallons of Gas per Vehicle 2027 Anticipated # of Vehicles Total Energy Used (gallons of gas) Gas-Powered 734 19 13,946 Hybrid 300 27 8,100 Total 56 22057.25 77,200.38$ Existing Vehicle Type Average Annual Gallons of Gas per Vehicle 2027 Anticipated # of Vehicles Total Energy Used (gallons of gas) Gas-Powered 734 18 13,212 Hybrid 300 28 8,400 Total 58 21625.5 75,689.25$ Existing Vehicle Type Average Annual Gallons of Gas per Vehicle 2027 Anticipated # of Vehicles Total Energy Used (gallons of gas) Gas-Powered 734 15 11,010 Hybrid 300 31 9,300 Total 60 20325.75 71,140.13$ Existing Vehicle Type Average Annual Gallons of Gas per Vehicle 2027 Anticipated # of Vehicles Total Energy Used (gallons of gas) Gas-Powered 734 12 8,808 Hybrid 300 34 10,200 Total 62 19026 66,591.00$ Total Gas Cost Town of Avon - 5 Year Fleet Purchase Plan - Fuel Cost* Reduction Modeling 2023 Anticipated Fuel Costs Total Gas Cost 2024 Anticipated Fuel Costs Total Gas Cost 2025 Anticipated Fuel Costs Total Gas Cost 2026 Anticipated Fuel Costs 2027 Anticipated Fuel Costs Total Gas Cost Total Gas Costs Reduced: $58,789.5 *Assumes fuel costs $3.5 per gallon 970.748.4023 jskinner@avon.org Page 1 of 3 TO: Honorable Mayor Amy Phillips and Council members FROM: Jena Skinner, AICP Senior Town Planner RE: Work Session: Updating Housing Guidelines DATE: April 25, 2023 SUMMARY: This report updates current housing efforts and context for modifying the 1990-1991 Town of Avon Housing Guidelines. Please note that Staff is renaming this document as the Town of Avon Housing Program Guide and Administrative Procedures (“HPGAP”), as guidelines sound very optional and do not lend all of the additional- and much-needed procedures and language for selling and purchasing units, and how existing deed restrictions need to be administered, procedurally. Staff feels that 2023 is the perfect time to reconsider repealing and replacing the severely outdated Housing Guidelines, and reevaluate Avon deed restriction programs in general, as there has been a significant increase in the costs to live within existing price capped deed restricted units. REPEAL AND REPLACEMENT OF THE 1990/1991 HOUSING GUIDELINES: The 1990/1991 Housing Guidelines are cross referenced within the various price capped deed-restricted units (66) within Avon. Point of fact: this document needs updating as it no longer functions efficiently as a tool to manage the purchase and sale of these units. Further, it does not recognize the Mi Casa Program or the Town of Avon Housing Plan, nor does it reflect using Area Median Incomes (AMI) as the standard for establishing income qualifications and managing the values of these specialized housing units. In being so outdated, owners experience “low morale” and may experience an onerous feeling regarding improving the quality of place in these units. Predominantly, this is due to the use of old restrictions that do not reflect current housing culture. The low monetary value of our limited and highly coveted price capped units is meager when it comes to the resale of these units. These lower values concern Staff and unit owners, as all deed-restricted properties deserve the protection of their necessity (social capital) and the equity that both the owners and the Town have in these units. These are an extreme and precious asset to our workforce. While it may appear that having extremely low-priced price capped deed-restricted units is a good thing for potential buyers, it is not helping existing owners if there is a need to upgrade their units to reflect growing families or reinvest in their unit when their list of capital improvements is so scant – especially if all their money is going towards escalating HOA dues or the cost to maintain aging units. Town of Avon Staff, with assistance from the Valley Home Store / Eagle County Housing Authority, have recrafted the subject Guidelines into their current format and materials in response to the changing housing conditions in our community and the Avon Community Housing Plan goals. Written with significant considerations of the various deed restrictions in place for restricted properties in Avon, the proposed draft clarifies, and updates outdated procedures and provides essential information currently “missing” or not contemplated previously when the deed restrictions were implemented. More importantly, the current administrative housing procedures of Eagle County, our housing liaison, now standardize the updated processes used by regional housing entities. REPLACEMENT DEEDS FOR EXISTING OWNERS OF DEED RESTRICTED UNITS. Staff has been approached by a number of concerned price capped, deed restriction owners about the extreme gap in value that now exists between these old restrictions (1994/2000/2001/2012). Essentially, owners feel stuck 970.748.4023 jskinner@avon.org Page 2 of 3 in their homes, and have not made investments into their units as the capital improvements that may be captured upon sale and that add to the value of the resale, is very limited. Allowing for (e.g.,) a 3% increase every year in value for how long you’ve owned the unit (not compounded), with a recapture of capital improvements - that may not exceed 10% of the purchase price, is an extremely low formula for re-establishing a resale value if you’ve owned the unit for a long time. In 2023, swapping out old windows may exceed the 10% amount for just one improvement. The proposed ToA Housing Program and Administrative Guide has already prepared for this action by suggesting a revised list of allowable Capital Improvements that is reasonable and reflects the current housing policies of Eagle County. Staff would also like to update the old restrictions to allow the Town to have first rights on purchasing a for-sale unit to (e.g.) ensure that it is up to a livable standard, etc. Another reason is to have the new deeds clarify procedures – especially compliance procedures and expectations. The Valley Home Store, who has been assisting in the HPGAP rewrite is experienced in dealing with updated deed restrictions in various areas in unincorporated and within the Town of Eagle. PROPOSED ACTION: Execute and adopt an acceptable replacement deed restriction that modernizes the values of these units and allows owners to recapture additional capital improvements/investments in the upkeep thus increasing the value of each unit. RECOMMENDATION: Staff recommends that Town Council approve the replacement of the 1990/1991 Hosing Guidelines with the presented HPGAP that incorporates an option for Avon residents to replace their existing price-capped deed restriction with an updated replacement version. If Town Council provides direction to proceed, Staff will return with a resolution for formal action. OTHER RECOMMENDATIONS FOR COUNCIL CONSIDERATION While this work session centers on the replacement of the existing Housing Guidelines and introduction of a replacement deed restriction program, Staff recommends a second work session be scheduled to further discuss that support the residents and homeowners in Avon and in advancing the number of workforce housing units within our community. POTENTIAL FUTURE DISCUSSION ITEMS: Expanding іMi Casa Avon! to Existing Owners. ¡Mi Casa Avon! is a program that incentivizes prospective home buyers to place a deed restriction on their property, helping residents purchase homes within Avon. This Resident Occupied Deed Restriction preserves units for full-time residents in perpetuity. Beginning in 2020, the Avon Town Council approves funding each year to provide this financial assistance to help the public purchase homes in Avon. PROPOSED ACTION 1: Staff proposes Council consider expanding іMi Casa Avon! to existing owners in partnership with Eagle County or on its own. The concept is to offer to purchase a deed restriction from existing owners at a percentage amount that is lower than the 12% that is offered for new home buyers. Currently, Eagle County offers 5% to existing owners to place a similar Resident Occupied (“RO”) deed restriction on existing homes. Knowing that our housing deficit is significant, we will not be able to build our way out 970.748.4023 jskinner@avon.org Page 3 of 3 of the housing crisis anytime in the near future or if ever, this would expediate the increase of RO homes in Avon. Staff feels that due to high mortgage rates, we will NOT capture the number of Mi Casa units like we have over the past couple of years. In expanding the program, we may be able to capture more units for less money- a significant increase in maintaining primary residents. If Eagle County would like to partner in this program, discussions centered on each providing 3.5% could be a way to go, as a larger carrot may capture more units in Avon. Currently, Avon residents can use the EC program at 5%, but many have not engaged in this program in Town. PROPOSED ACTION 2: іMi Casa Avon! Add-On: Price Capped Rental Bonus. For the іMi Casa Avon! Program, after 3 years the primary owner/occupant may move out and rent out their unit for whatever they can get. While there are renter qualifications, this program does not evaluate how much rent is; there are NO provisions to control rent prices when this occurs. Staff proposes an additional 3% be offered to purchasers to ensure that these units will be rented as attainable rentals that use the Colorado Housing and Finance Authority Annual Median Income limits for rents. This is an important change, as much like general workforce housing, there remains a significant shortage of rentals for average wage earners - even with Short Term Rental controls. Thank you, Jena ATTACHMENTS: Proposed Town of Avon Housing Program and Administrative Procedures Guide 1990/1991 Housing Guidelines HOUSING GUIDELINES 2023 ATTACHMENT HPGAP 2023 1 NOTE: This is the working Word version to be turned into a Avon-branded document at a later date. - JS Housing Program Guide and Administrative Procedures 2023 HPGAP 2023 2 PURPOSE “To achieve a diverse and permanent attainable housing portfolio of rental and for-sale units that supports the working community of the Town of Avon.” INTRODUCTION Households - no matter what configuration that consists of, have incomes that cannot support mortgage payments for any median price dwelling units in Avon. The rental market is similarly challenging for local residents. Vacancy rates have been approaching zero, and with low inventories of restricted units since 2007, average rental rates have risen significantly throughout the County. The Town of Avon Comprehensive Plan sets a vision for diverse opportunities for residents, businesses, and visitors. The Town of Avon seeks to expand upon its long history as a high-amenity year-round resort community by adopting the Avon Community Housing Plan and implementing its strategies. The current housing market, which offers very few affordable opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision. Through the acquisition and administration of Deed Restrictions, Avon seeks to create and preserve local workforce housing for present and future generations of residents. This document replaces the 1990/1991 Avon Housing Guidelines in its entirety and shall be used as the official document supporting all deed restrictions secured through the Town of Avon. This includes those deed restrictions created through the development process or independent thereof, like those within Mi Casa Avon or similar program. These provisions apply to both price-capped and resident occupied deed restrictions; for sale or for rent units. This document shall be incorporated for use via Resolution and may be updated and amended from time to time at the Discretion of the Town of Avon, to keep all housing information up to date reflecting Avon’s current market conditions and community needs. HPGAP 2023 3 Table of Contents Chapter 1 - Description of Housing Guidelines. ...................................................................................... 5 Chapter 2 - Information for Developers of Deed Restricted Housing Units PCU. ................................ 5 A. Initial Pricing of Priced Capped For-Sale Housing. ............................................................................... 5 B. Deed Restrictions for Price Capped For-Sale Housing. ........................................................................ 5 E. Maximum Rental Rates for Price Capped Rental Housing. ................................................................... 6 F. Deed Restrictions for Price Capped Rental Housing. ............................................................................ 6 Chapter 3 - Information for Developers of Deed Restricted Housing Units RO. .................................. 7 A. Initial Pricing of Resident Occupied For-Sale Housing. ......................................................................... 7 B. Deed Restrictions for Resident Occupied For-Sale Housing. ................................................................ 7 G. Deed Restriction for Resident Occupied Rental Housing. ..................................................................... 7 H. Divided Ownership of Affordable Rental Housing.................................................................................. 7 I. Homeowners and Condominium Associations. ..................................................................................... 7 J. Employee Housing Mitigation ................................................................................................................ 8 Chapter 4 - Requirements for Buyers, Owners, or Renters of Restricted Housing Units. ................... 8 A. Eligibility Requirements for Members of Households. ........................................................................... 8 B. Limits on Owning Other Real Estate – Price-Capped Housing Units. ................................................... 8 C. Application Process and Selection Criteria for Price Capped For-Sale Housing Units .......................... 9 D. Limits on Owning Other Real Estate – Resident Occupied. ................................................................ 11 E. Application Process and Selection Criteria for Purchasing Existing Resident Occupied For-Sale Housing Units. ..................................................................................................................................... 11 F. Rental of a DRHU by Qualified Employers for Employees – All DRHUs. ............................................ 12 G. Maintaining Occupancy – All DRHUs. ................................................................................................. 12 H. Compliance – All DRHUs. ................................................................................................................... 12 I. Leave of Absence – All DRHUs. ......................................................................................................... 12 Chapter 5 - Information for Property Managers of Price Capped and Resident Occupied Rental Units .......................................................................................................................................................... 13 A. Application Process. ............................................................................................................................ 13 B. Annual Verification. ............................................................................................................................. 13 Chapter 6 – Other – All DRHUs. .............................................................................................................. 13 A. Trust Ownership. ................................................................................................................................. 13 B. Short Term Rentals ............................................................................................................................. 14 C. Foreclosures. ...................................................................................................................................... 14 D. Other Title Transfers. .......................................................................................................................... 14 E. Tax Sale. ............................................................................................................................................. 14 F. Previous Guidelines. ........................................................................................................................... 14 Chapter 7 – Sales of Units. ...................................................................................................................... 15 A. Sales of Price-Capped Housing Units. ................................................................................................ 15 B. Maximum Resale Price for Price-Capped Housing Units. ................................................................... 16 C. Increases to Base Price and Permitted Capital Improvements for Price Capped Housing Units. ........ 16 HPGAP 2023 4 Chapter 8 - Grievance Procedures – All DRHUs. .................................................................................. 18 APPENDIX A – DEFINITIONS .................................................................................................................. 19 APPENDIX B – DEED RESTRICTION TEMPLATES ............................................................................... 25 APPENDIX C – RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS ............................ 26 HPGAP 2023 5 TOWN OF AVON HOUSING GUIDE AND ADMINISTRATIVE PROCEDURES FOR RENTAL AND SALE REQUIREMENTS, CRITERIA, SPECIFICATIONS, PROCEDURES AND PRIORITIES OF DEED RESTRICTED HOUSING UNITS This document provides Rental/Sale Requirements for Deed Restricted Housing Units establish admission and occupancy criteria. There are four (4) types of Deed Restricted Housing Units: Price Capped For-Sale Housing, Price-capped Rental Housing, Resident-Occupied For-Sale Housing, and Resident-Occupied Rental Housing Units. Commonly Used Acronyms within this document: HPGAP – Housing Program Guide and Administrative Procedures (this document) ToA – Town of Avon AMC – Avon Municipal Code DRHU – Deed Restricted Housing Unit RO – Resident Occupied EC – Eagle County ECAHGAP – Eagle County Affordable Housing Guidelines Administrative Procedures Chapter 1 - Description of Housing Guidelines. The Town of Avon Housing Guidelines provide the technical procedures for developing, purchasing, owning, selling, and renting Deed Restricted Housing Units (“DRHU”) and are to be read and utilized in conjunction with the Town of Avon Municipal Codes and the various, established Deed Restrictions. The HPGAP is to be updated periodically based on current real estate market, area median income, and the most recent affordable housing data, affecting the Avon community. Chapter 2 - Information for Developers of Deed Restricted Housing Units. Price-Capped Housing Units A. Initial Pricing of Priced Capped For-Sale Housing. The Initial Sales Price for Price Capped For-Sale Housing units shall be initially set no higher than at a price affordable to Households earning 100%-140% of AMI. The units should be priced in a spectrum of prices consistent with unit size, location, and market demand. Affordable units should come to market proportionately with free market units. See the ECAHGAP for current Maximum Sales Prices. B. Deed Restrictions for Price Capped For-Sale Housing. All deed restrictions burdening Price Capped For-Sale Housing units must include resale restrictions binding future buyers and sellers to the applicable conditions set forth in the Housing Guidelines and shall be in a form approved by the Town of Avon and the Program Administrator. All purchasers shall execute the deed restriction as well as any Acknowledgement of Deed Restriction. The material terms for deed restrictions recorded against Price Capped For-Sale Housing units are as follows: HPGAP 2023 6 1. Eligible Households only with annual compliance verification by Owner to Town of Avon; 2. Primary Residence use only with annual compliance verification by Owner to Town of Avon; 3. May not own other Real Property, subject to Town of Avon exceptions; 4. Limitations on rentals; 5. Prohibition on Short Term Rentals; 6. Initial Sales Price restrictions; 7. Maximum Resale Price restrictions; a. Appreciation is based upon the average wage for Eagle County as determined by the Colorado Department of Labor and Employment using the most current available data, but in no case shall the allowed increase be more than 3% compounded interest on an annual basis. There shall be no floor on the amount of the increase. 8. Ownership interest conveyed to Town of Avon; 9. Ability to force sale if Owner is not complying with deed restriction; 10. Town’s option to buy post foreclosure; 11. Resale administered by Program Administrator or assigns. Resale may be subject to administrative fees, as determined by Program Administer. 12. Annual compliance verification by Owner to Town of Avon. E. Maximum Rental Rates for Price Capped Rental Housing. Maximum Rental Rates for Deed Restricted Rental Housing Units must be set at rates that are affordable for Households with incomes no greater than 80%-100% AMI, based on unit type. See the ECAHGAP for current Maximum Rental Rates. F. Deed Restrictions for Price Capped Rental Housing. The material terms for deed restrictions recorded against Deed Restricted Rental Housing, shall be as follows: 1. Eligible Households only, unless otherwise permitted; 2. Maximum rents; 3. Prohibition on Short Term Rentals; 4. Annual verification by Owner to Town of Avon; 5. The term of the deed restriction shall be perpetual, and the restriction agreement must be between the Owner of the rental property and either Town of Avon or other acceptable entity, such as the Colorado Housing and Finance Authority or the United States Department of Housing and Urban Development. HPGAP 2023 7 Chapter 3 - Information for Developers of Deed Restricted Housing Units. Resident Occupied Housing A. Initial Pricing of Resident Occupied For-Sale Housing. Sale prices for Resident Occupied For-Sale Housing units are not limited. A spectrum of pricing and unit sizes responsive to market demand is encouraged. Affordable units should come to market proportionately with free market units. B. Deed Restrictions for Resident Occupied For-Sale Housing. All deed restrictions burdening Resident Occupied For-Sale Housing units must include resale restrictions binding future buyers and sellers to the applicable conditions set forth in the Housing Guidelines and shall be in a form approved by the Program Administrator and the Town of Avon. All purchasers shall execute the deed restriction as well as an Acknowledgement of Deed Restriction. The material terms for deed restrictions against Resident Occupied For-Sale Housing shall be as follows: 1. Eligible Households only with annual compliance verification by Owner to Town of Avon; 2. Primary Residence use only with annual compliance verification by Owner to Town of Avon; 3. May not own other Real Property, subject to exceptions; 4. Prohibition on Short Term Rentals. 5. Annual compliance verification by Owner to Town of Avon G. Deed Restriction for Resident Occupied Rental Housing. The material terms for deed restrictions recorded against Resident Occupied Rental Housing, shall be as follows: 1. Eligible Households only; 2. Prohibition on Short Term Rentals; 3. Annual verification by Owner to Town of Avon. The term of the deed restriction shall be perpetual, and the restriction agreement must be between the Owner of the rental property and either Town of Avon or other acceptable entity, such as the Colorado Housing and Finance Authority or the United States Department of Housing and Urban Development. H. Divided Ownership of Affordable Rental Housing. No Price Capped Rental Housing or Resident Occupied Rental Housing Unit shall be converted in the future to For-Sale housing through subdivision, the cooperative form of ownership, condo conversion, or some similar form of ownership inconsistent with its rental purpose, unless the Owner of such unit proposes providing substantially similar substitute Deed Restricted Housing Unit and such proposal is approved in writing in advance by the Town of Avon. I. Homeowners and Condominium Associations. Any documents creating a condominium or homeowners association should require that association dues or assessments levied against Deed Restricted Housing Units be prorated to a maximum of 75% of the association dues or assessments levied against market rate units. Owners without rights or use HPGAP 2023 8 of certain amenities shall not be subject to assessment for those amenities. See also Appendix B with recommended Deed Restriction templates and language for legal documents (e.g., declarations and plat notes). J. Employee Housing Mitigation – See AMC Section 7.20.100 Chapter 4 - Requirements for Buyers, Owners, or Renters of Restricted Housing Units. A. Eligibility Requirements for Members of Households. 1. Employment Qualification. At least one primary member of a Household, or a Household must meet one or more of the following criteria: a. An Owner as a defined Eagle County Employee; or b. A Retired Person or Older Person over the age of sixty (60) and had earned a living in the Town of Avon or within Eagle County, for no less than five (5) years prior to the date of their retirement; or c. A Person with a Disability who had been a full-time employee in the Town of Avon or within Eagle County immediately prior to their Disability or has been granted an exception to the minimum of 30 hours per week to continue with a federal or state Disability benefit program, or as qualifying programs allow; or d. Owners and Members of Households that reside in the Town of Avon or within Eagle County but work for employers that are located outside of Eagle County (e.g., remote workers). These employees may be considered eligible if all other eligibility requirements are met and the Owner and or Member of the Household can prove Town of Avon or Eagle County residency for no less than one year before application submission, subject to the Program Administrator’s sole discretion or as otherwise stated in the applicable deed restriction; or e. Members of the Household cumulatively earning at least 75% of the Household’s Gross Household Income in the Town of Avon or within Eagle County or Members of the Household that are considered qualified renters by the Town of Avon or assigns. B. Limits on Owning Other Real Estate – Price-Capped Housing Units. Price Capped Housing. 1. No member of an Eligible Household, including, but not limited to, Owners, spouses and children under 18 years of age, may own real estate anywhere within Eagle County as of the date of purchase of the DRHU, subject to the following exceptions: a. If the Owner is currently an owner of real estate, and are under contract to sell their existing real estate and purchase a DRHU contemporaneously. A hardship exemption from this requirement may be granted at the sole discretion of the Program Administrator; or b. Members of an Eligible Household who owns commercial property for business use or vacant land may be exempted from this requirement at the sole discretion of the Program Administrator. HPGAP 2023 9 c. During ownership of a DRHU, no Household member shall own any interest alone or in conjunction with others, in any other real estate anywhere, subject to certain exemptions at the sole discretion of the Program Administrator. Real estate that is owned by a prospective Eligible Household of a DRHU may not deed or Transfer that real estate to a corporation, or other person or entity nor may real estate be deeded to a corporation or other legal entity in which the Household member has any financial interest to meet these requirements. C. Application Process and Selection Criteria for Price Capped For-Sale Housing Units Households interested in purchasing Price Capped For-Sale Housing units must apply to the Program Administrator to certify eligibility prior to submitting an offer to purchase a unit. The application and any accompanying documentation will become the property of the Program Administrator and will not be returned to the Applicant. The application steps are as follows: 1. Obtain an application from the Program Administrator; 2. Provide evidence of employment by a Qualified Employer; 3. Provide evidence of residency in Eagle County, if applicable; 4. Affirm on the application that your Household intends to live in the unit as your Primary Residence and that no members of your Household own other real estate; 5. Provide a letter of prequalification from a mortgage lender for a mortgage with a fixed interest rate of at least 5 years duration or a statement of proof of funds and submit a copy to the Program Administrator. Reverse amortization mortgages are prohibited; 6. Provide proof of funds for a down payment equal to at least 3% of the purchase price or as otherwise stated in the applicable Deed Restriction. Once basic eligibility has been met, the Applicant submitting the highest and best offer (not to exceed the Maximum Resale Price) will have the first right to negotiate for the purchase of the unit. If two or more equal offers are received, those offers will be prioritized for selection based on the selection criteria listed below. The Program Administrator will notify the Applicant if additional proof of any of the following items is necessary. The following selection criteria applies to all resales of Price-Capped For-Sale Housing Units: 1. Applicants will first be ranked according to household income. Priority order is first assigned for those whose income falls below 100% AMI, second to those whose income falls below 120% AMI, third to those who fall below 140% AMI and so on. Preference will be for Applicant(s) who meet the lowest of the available income categories but will not be selected solely based on lowest income alone. If two or more Applicants fall into the lowest available income category, the following criteria will be used to further prioritize Applicants. a. Second priority will be given to those who are currently employed full-time at a business located in the Town of Avon. b. Third priority will be given to those who have previously worked full time in the Town of Avon. Sum of work history is considered on a cumulative, calendar year basis. c. Fourth priority will be given to those who currently reside in the Town of Avon. HPGAP 2023 10 d. Fifth priority will be given to those who currently work full time in Eagle County. e. Sixth priority will be given to Qualified Employers in Eagle County. f. If there is a tie based upon the selection criteria above, the Program Administrator shall hold a Lottery to determine the winning Applicant. The drawing shall be held by the Program Administrator during regular business hours and witnessed by the Applicants with equal point priority, if desired. g. There will be no consideration for those who do not meet the definition of Eligible Household. h. Qualified Persons who are removed from their residence located in the Town of Avon or Eagle County due to conversion or reconstruction of their residence may receive higher priority by the Town of Avon when being considered for a DRHU. The following rules apply to the selection process described above: 1. The physical place of prior residency and local employment and/or employer is relevant. The Applicant’s mailing address or company headquarters is not. For example, company or organization headquarters are located in “Town A”, but the Eligible Household member reports to another physical location in “Town B.” In this example, the physical location where the Eligible Household member reports to daily, in “Town B”, would be considered the physical place of employment. Alternatively, the company or organization headquarters are located in “Town A” but work is completed at changing locations throughout the county (e.g., construction/landscaping). In this example, the location of the headquarters in “Town A” would be used. 2. Full time employment for an Eagle County Employee as defined in Section 3.12.020 of the Avon Municipal Code. 3. Joint Applicants must meet the criteria for an Eligible Household. Combined income will be considered in determining a max AMI%, with a combined income not to exceed the equivalent of a 4-person AMI%. 4. Income may be determined using the Applicant's most recent federal income tax return or if unavailable or if income has changed, by Applicant’s current paystubs, or other reasonable means as determined by the Program Administrator. 5. All claims shall be verified by the Program Administrator. Claims of residency or employment that cannot be verified will not be considered in determining length of employment or residency. 6. Eligible Households may have no more than two occupants per Bedroom at any time. For example, a household of five (5) people does not qualify for a two (2) Bedroom unit. 7. Home office or remote work (remote workers) will be required to provide acknowledgement of home office status from their employer. 8. If there is a tie based upon the selection criteria above, the Program Administrator will hold a Lottery to determine the winning Applicant. The drawing will be held by the Program Administrator during regular business hours and witnessed by the Applicants with equal selection criteria, if desired. HPGAP 2023 11 D. Limits on Owning Other Real Estate – Resident Occupied. Resident Occupied Housing. 1. No member of an Eligible Household, including, but not limited to, Owners, spouses and children under 18 years of age, may own real estate anywhere within Eagle County as of the date of purchase of the DRHU, subject to the following exceptions: a. If the Owner is currently an owner of real estate and are under contract to sell their existing real estate and purchase a DRHU contemporaneously. A hardship exemption from this requirement may be granted at the sole discretion of the Program Administrator; or b. Members of an Eligible Household who owns commercial property for business use or vacant land may be exempted from this requirement at the sole discretion of the Program Administrator. During ownership of a DRHU, no Household member shall own any interest alone or in conjunction with others, in any other real estate anywhere, subject to certain exemptions at the sole discretion of the Program Administrator. Real estate that is owned by a prospective Eligible Household of a DRHU may not deed or Transfer that real estate to a corporation, or other person or entity nor may real estate be deeded to a corporation or other legal entity in which the Household member has any financial interest to meet these requirements. E. Application Process and Selection Criteria for Purchasing Existing Resident Occupied For-Sale Housing Units. Households interested in purchasing existing Resident Occupied For-Sale Housing units must submit an application to the Program Administrator to certify eligibility prior to submitting an offer to purchase a unit, unless otherwise outlined in the recorded deed restriction. The application and any accompanying documentation will become the property of the Town of Avon and/or the Program Administrator and will not be returned to the Applicant. The application steps are as follows: 1. Obtain an application from the Program Administrator. 2. Provide a verification of employment (“VOE”) by a Qualified Employer as follows: a. The two most recent pay stubs and, a W2 or VOE letter from employer(s), or b. An employment contract or other documents that the Program Administrator deems necessary to make this determination, or c. Affidavit from employer verifying employment plus other documents that the Program Administrator deems necessary for substantiation. 3. Most recent tax returns, if required by existing deed restriction 4. Affirm on the application that your Household intends to live in the unit as your Primary Residence and that, unless otherwise stated in the deed restriction, no members of your Household own other real estate in Eagle County. There are no selection criteria for resales of Resident Occupied For-Sale Housing units. HPGAP 2023 12 F. Rental of a DRHU by Qualified Employers for Employees – All DRHUs. Qualified Employers may purchase a DRHU and lease to employees who are members of Eligible Households. Qualified Employers may not impose additional Deed Restrictions to renters within these Units without the written consent of the Program Administrator. G. Maintaining Occupancy – All DRHUs. The Owner of a Deed Restricted Housing Unit shall continue to use the unit as its primary place of residence. The Owner of an DRHU will be deemed to have ceased to use the unit as its Primary Residence by accepting permanent employment outside of Eagle County, by residing in the unit for fewer than 9 months out of any 12 months, or by registering to vote outside of Eagle County. H. Compliance – All DRHUs. Once an DRHU has been purchased, it must continue to be owned and occupied only by an Eligible Household. On an annual date set by the Program Administrator, the Owner of the Unit, shall submit the following information to the Program Administrator: 1. A completely filled out compliance verification form stating that the Owner continues to meet employment and residency requirements, as applicable; and 2. A statement that the Owner owns no other Real Property with the exceptions provided for herein; and, 3. Proof of residency in the form of a government issued identification showing physical address, voter registration card, utility service and payment, or vehicle registration. The Program Administrator will provide either a paper or electronic form to DRHU Owners. Failure to provide information as required by the Program Administrator and any applicable deed restriction may result in forfeiture of appreciation, a sale mandated by the Program Administrator, or any other available remedy at law or equity. I. Leave of Absence – All DRHUs. A leave of absence for an Owner of a Deed Restricted Housing Unit may be granted at the sole discretion of the Program Administrator, subject to clear and convincing evidence that shows the reason for leaving and a commitment to return. Said evidence shall be in written form and presented to the Program Administrator for review and decision prior to the Owner leaving. The leave of absence shall be in accordance with the limitations as established in the subject Deed Restriction. In the case of an approved leave of absence, the Owner shall only rent to an Eligible Household. 1. Unless otherwise stated in the applicable deed restriction, any and all charges to rent a Deed Restricted Housing Unit during a leave of absence may not exceed the lesser of 1) Maximum Rental Rates for Rental Housing at 100% AMI* or 2) the Owner’s monthly housing expenses. *See the ECAHGAP for current Maximum Rental Rates. 2. Tenant(s) must submit a complete application and receive approval from the Program Administrator prior to occupancy. The Owner shall provide a copy of the executed lease agreement between the Owner and tenant to the Program Administrator. 3. If an DRHU is listed for sale and the Owner has relocated outside of Eagle County, the unit may, upon approval of the Program Administrator, be rented to an Eligible Household prior to completion of the sale. HPGAP 2023 13 Chapter 5 - Information for Property Managers of Price Capped and Resident Occupied Rental Units A. Application Process. Only Eligible Households may rent Price Capped and Resident Occupied Rental DRHUs, unless prohibited by other funding sources. Households must meet all other requirements of the Deed Restriction. The Property Manager must document how eligibility and income was confirmed and must keep a record of any documents supporting the eligibility determination. B. Annual Verification. The Property Manager of Price Capped and/or Resident Occupied Rental Units must verify annually that the Owners and tenants follow the applicable DRHU requirements. The Property Manager shall submit a written statement to the Town of Avon including the following information and certifying that such information is true and correct to the best of the Property Manager’s knowledge and belief. 1. A list of Owners or tenants who occupy the DRHUs in the prior calendar year and the evidence, to include income and employment documentation, submitted by such tenants to establish that their Households were Eligible Households; 2. A copy of the lease form currently used for tenants of the DRHUs; 3. Copies (which may be electronic) of all application information submitted by the Eligible Households occupying the DRHUs including but not limited to a copy of a driver’s license, voter registration, or vehicle registration information; Manager shall maintain Owner’s records with respect to the use and occupancy of the DRHUs available to the Town of Avon or its authorized agent for inspection upon request for audit to confirm compliance with the recorded deed restriction. Chapter 6 – Other – All DRHUs. A. Trust Ownership. An Eligible Household may seek a variance to allow the title of an DRHU to be held in trust for the benefit of a natural person who also meets the definition of an Eligible Household member. Such ownership in trust may only occur in the circumstances provided herein, at the sole discretion of the Program Administrator, on a case-by-case basis. In order to request a variance from the strict application of these Guidelines, the Applicant shall submit a letter requesting a special review to the Program Administrator as follows: 1. DRHUs may be held in trust only for the benefit of a natural person who due to a physical or mental impairment lacks the capacity to contract or is prevented by such impairment from acquiring title to a unit in their own name. The letter shall include documentation of such impairment and the basis for ownership in trust. It should be noted that the Applicant should submit any additional information reasonably requested by the Program Administrator to allow the Program Administrator to process this special request. 2. The beneficiary of the trust may not own other Real Property. HPGAP 2023 14 3. The beneficiary of the trust must be of the age of majority to qualify under this section. 4. The criteria set forth in the Administrative Procedures may be met so long as the trust pre-qualifies for a loan. Further the trust must prove an adequate means of ensuring that expenses associated with ownership, including, but not limited to association dues and expenses are met. 5. Upon receipt of a request for a special review and any requested information and documentation, the Program Administrator may grant the request with or without conditions, in a timely manner. B. Short Term Rentals. Short Term Rentals are not permitted in any DRHU regardless of type. A Short Term Rental is defined in AMC Section 3.29.020 - Definitions. C. Foreclosures. In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder of a promissory note secured by a first deed of trust on a DRHU unit, the Town of Avon shall have the option to purchase the unit prior to public sale, which option shall be exercised as set forth in the deed restriction. The Owner has an obligation to notify the Program Administrator in writing once the Owner perceives a foreclosure difficulty. D. Other Title Transfers. In the event that title to a DRHU Transfers to a person or entity that is not an Eligible Household, the Non-Eligible Household must notify the Program Administrator of its intent as outlined below within 90 days of taking title to the unit. 1. The Non-Eligible Household may list the unit for sale, following the procedures outlined herein. 2. The Non-Eligible Household shall have one year to become an Eligible Household. In the event the Non-Eligible Household is unable to become an Eligible Household in one year then the unit shall be listed For-Sale as provided herein. 3. Non-Eligible Households shall not: a. Occupy the Deed Restricted Housing Unit; b. Rent all or any part of the DRHU, except in strict compliance with these Guidelines; c. Engage in any other business activity on or in the Housing Unit; d. Sell or otherwise Transfer the Housing Unit except in accordance with these Guidelines or applicable Deed Restriction. e. The Program Administrator may require the Non-Eligible Household to rent or sell the Housing Unit in accordance with the provisions of these Administrative Procedures. E. Tax Sale. In the event of a tax sale the deed restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the DRHU through a tax lien sale process. F. Previous Guidelines. Within the 1990-1991 Avon Housing Guidelines, income limitations were classified as a “Category”. Under these HPGAPs, income limitations shall utilize AMI rates and levels, or whatever methodology in establishing income is employed by the Town of Avon Program Administrator. HPGAP 2023 15 Chapter 7 – Sales of Units. Price Capped Housing A. Sales of Price-Capped Housing Units. 1. Listing Units All Price Capped Housing Units must be listed for sale with the Program Administrator, its designee, or as specified by the applicable deed restriction. An Owner who wishes to sell the Price Capped Housing Unit must follow these steps: a. Execute a standard Listing Contract on forms approved by the Program Administrator. b. Consult with the Program Administrator to review the Deed Restrictions recorded against the unit to determine the Maximum Resale Price and other applicable provisions concerning a sale. c. The Program Administrator shall administer the sale in accordance with the requirements in effect at the time of listing. d. The Owner may consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services (excluding all sales fees), will be at the Owner’s own expense and shall not be included in the calculation of the Maximum Resale Price. 2. Inspection Prior to Sale The Owner shall undertake a listing inspection by the Program Administrator or assigns before executing a listing contract to determine the condition of the unit. a. The Owner shall pay for the cost of the inspection at the time of inspection. b. The inspector shall furnish a written report to the Owner and the Program Administrator. c. This information shall be furnished to the purchaser as a part of the seller’s property disclosure once a purchase contract has been executed. d. The inspection will be valid for no more than 60 days. The Owner shall replace or repair any items that are identified as unsatisfactory in the report at market value or reduce the listing price accordingly. 3. Sales Fees Unless otherwise set forth in the applicable Deed Restriction, at the closing of the sale, the Owner shall pay the Program Administrator or its designee a minimum sales fee of 2% (two percent) of the sale price. This fee offsets the administration and associated fees of selling a unit and does not act as a direct commission for a Town of Avon employee or third-party handling the transaction. a. The Owner must deposit 0.5% (one half percent) of the list price with the Program Administrator upon listing the unit for sale, known as the listing deposit. b. If the Owner fails to perform under the listing contract, rejects all offers, or withdraws the listing after advertising has commenced, the Owner shall not be refunded the listing deposit. c. A listing deposit shall be considered a budgeted amount for advertising and administrative costs that will be incurred by the Program Administrator. If the Program Administrator incurs HPGAP 2023 16 any additional costs, the Owner will be notified in advance by the Program Administrator and shall be responsible for those additional costs. Pending sales are not required to be listed in the Colorado MLS. d. Closing Costs Sellers of DRHUs shall not permit any prospective buyer to assume any of the seller’s customary closing costs, including the fees set forth herein, nor accept any other consideration that would increase the purchase price above a Maximum Resale Price to induce the seller to sell to such prospective buyer. B. Maximum Resale Price for Price-Capped Housing Units. No Owner of Price Capped For-Sale Housing shall sell the unit for an amount greater than the Maximum Resale Price for the unit. Maximum Resale Price will be calculated as follows: Base Price + Appreciation of Base Price + Permitted Capital Improvements – Depreciation of Capital Improvements + Sales Fee = Maximum Resale Price. There are no resale price limitations on Resident Occupied For-Sale Housing. C. Increases to Base Price and Permitted Capital Improvements for Price Capped Housing Units. Certain capital improvements to a unit may be included in a unit’s Maximum Resale Price. The following list outlines the costs that may be included in an Owner’s Base Price as "Permitted Capital Improvements" and provides a depreciation schedule for Permitted Capital Improvements. Base Price items are not counted against the Permitted Capital Improvement allowance. "Base Price": purchase price including garage, lot premium, or other developer inclusions The following improvements may be included in the Base Price with the written approval of the Program Administrator prior to the commencement of work: 1. Structural addition or addition of livable space including bathrooms, Bedrooms, exterior door, interior doors, baseboard, window casing, insulation, and plumbing (excluding fixtures) 2. Modifications or improvements to accommodate a person with a Disability as defined in the Americans with Disabilities Act of 1990. Permitted Capital Improvements depreciated on a 5-year schedule Replaced appliances Door locks (including smart) Gutters and downspouts Washer/Dryer Ceiling fans Heat Tape Water heaters Thermostats (including smart) Exterior paint Carpet/pad replacement Permanent fitted window blinds Storm doors Laminate flooring Health and safety protection Building permit fees New garage door openers HPGAP 2023 17 Permitted Capital Improvements depreciated on a 20-year schedule Hardwood or tile flooring Permanent landscaping Solar panels Solid stone countertops Trees Roof replacement (not reserved) Light fixtures Permanent irrigation systems Furnace replacement Plumbing fixtures Outdoor decks A/C, swamp cooler, split units Cabinets and vanities New fencing Closet organization systems Windows Improvements that are NOT Permitted Capital Improvements Jacuzzi, saunas, hot tubs, steam showers, etc. Work done without issuance of a building permit Maintenance, cleaning, painting, or improvements to existing mechanical systems, fixtures, appliances Decorative items including window coverings, lamps and lighting not affixed to walls or ceilings, bathroom towels bars, hooks, etc. Gas or electric fireplaces Cost of tools Removable items not attached to the unit Equipment rental Security and smart home systems Unless otherwise identified in the recorded deed restriction, the actual costs of Permitted Capital Improvements made to a unit shall not exceed 10% of the Initial Sales Price for a five-year term, regardless of changes in ownership. For every subsequent five-year period, an additional 10% of the value of the unit at the beginning of that five-year period may be added into the value as Permitted Capital Improvements. The five-year period for Permitted Capital Improvements shall not reset merely upon resale. No costs incurred in one five-year term may be rolled into a different five-year term. For an Owner to request Base Price Improvements and/or Permitted Capital Improvements be added to the Maximum Resale Price, Owners must retain original receipts and invoices. Additionally: 1. Upon completion of the work the following must be submitted to the Program Administrator: a. Legible copies of receipts for materials and or invoices for purchases. b. Proof of payment by a third party and itemized invoice receipt for work performed. 2. In calculating the costs allowed as Permitted Capital Improvements, only the Owner’s actual out of pocket costs and expenses shall be eligible for inclusion. Such an amount shall not include an amount attributable to the Owner's labor, or that of their employees or business, or to any appreciation in the value of these improvements. HPGAP 2023 18 3. If an Owner pays cash for improvements, the Owner must provide third party documentation of payment. An Owner must have an invoice for improvements, but if no such documentation of proof of cash payment can be produced, the Program Administrator can inspect the improvement completed in the unit. Up to 75% of documented invoice value may be included after an inspection, subject to depreciation, at the Program Administrator’s sole discretion. 4. Work that requires and is performed without the issuance of all required building permits or property owners’ association approval will not be included as a Base Price or Permitted Capital Improvement. 5. The value of the Permitted Capital Improvements will be added to the appreciated value of the unit at the time of sale. No appreciation is allowed on Permitted Capital Improvements. 6. Other improvements to the Affordable Housing unit are allowed, but adjustments to the Maximum Resale Price will only be given for Base Price and Permitted Capital Improvements. If a Base Price Improvement and/or Permitted Capital Improvements or an improvement included in the Base Price of the unit is removed or is no longer operational, the actual cost of the improvement shall be deducted from the Base Price or Permitted Capital Improvement schedule. No other categories or types of expenditures may qualify as Permitted Capital Improvements unless pre-approved in writing by the Program Administrator. Chapter 8 - Grievance Procedures – All DRHUs. A grievance is any dispute that a unit Owner or potential purchaser may have with the Town of Avon or the Program Administrator with respect to action or failure to act in accordance with the rights, duties, welfare, or status of these persons or entities under these Guidelines. Procedures for filing such a grievance are as follows: 1. A written grievance must be presented to the Program Administrator. It shall specify: a. The particular ground(s) upon which the grievance is based; b. The action requested; and c. The name, address, telephone number, email address of the Owner filing the grievance and similar information about his/her representative, if any. 2. Upon receipt of a written grievance, the Program Administrator shall meet with the Owner to review the grievance and resolve the issue, if possible. 3. If the issue is not resolved, the Owner may request a hearing before the Town Council. Rules for the hearing before the Town Council follow the provisions of the Town of Avon Municipal Code. HPGAP 2023 19 APPENDIX A – DEFINITIONS These definitions provide consistency in discussing housing with the Town of Avon. Some definitions may not be solely found within this document but may be within Deed Restrictions, the Avon Municipal Code, the Town of Avon Housing Plan, or similar. Adjusted Gross Income – The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property. Eagle County Administrative Procedures – The Eagle County Affordable Housing Guidelines Administrative Procedures. Affordability Gap – The difference between the median home price in each Eagle County community (as defined by zip code) and the average buying power of a typical household in that community, as provided for in the Administrative Procedures. Applicant – An owner of Real Property, the owner's representative, or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Area Median Income (“AMI”) – The estimates of median household income compiled and released annually by the United States Department of Housing and Urban Development. Attainable Housing – All Deed Restricted Housing Units regardless of price. Units include Price Capped For-Sale Housing, Price Capped Rental Housing, Resident Occupied For-Sale Housing, and Resident Occupied Rental Housing. Assets – Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contract to obligations due others. See also definition for Gross Assets and Net Assets. Avon Resident – Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer. Bedroom – That portion of a dwelling Unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. Capital Improvements – Any fixture erected as a permanent as a permanent improvement to Real Property or that which adds to the value of the Real Property. Co-signer – A joint signer of a promissory note who may not be listed on the deed of ownership on the housing unit unless required by the Program Administrator. Commercial Development – Any development that is not a Residential Development for which a Development Permit is required. Institutional uses such as government buildings, schools, hospitals, HPGAP 2023 20 churches and other religious institutions, and facilities operated by non-profit service agencies are considered Commercial Development for purposes of these Guidelines. Commercial Mitigation – See AMC Section 7.20.100 Employee Housing Mitigation Community Housing – Residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. See AMC Section 3.14.20 - Definitions Comprehensive Plan – Officially adopted by the Town of Avon, that sets forth the recommendations and policies for guiding future growth and development while providing for the public’s health, safety, and general welfare. This Plan works in conjunction with the West Town Center District Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan. All such documents may be amended from time to time, provided such amendments or supplemental documents are adopted by ordinance. The Avon Comprehensive Plan also incorporates functional plans, such as the Avon Community Housing Plan. Consumer Price Index (C.P.I.) – The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. Cost Burdened Household – A Household that is paying more than 30% of its income for housing costs. County Resident – Person living and/or working within Eagle County or persons having a job commitment with an employer located in Eagle County. Deed Restricted Housing Unit or Housing Unit or DRHU – A Unit subject to certain perpetual occupancy, rental, or ownership restrictions. Debt/Income Ratio – The ratio of the monthly debt serviceable as a percentage of Gross Income. Development Permit – Any preliminary or final approval of an application for rezoning, planned Unit development, amendment of an existing planned Unit development, special use permit, subdivision, or similar application for new construction. Applications for a building permit where no previous condition of approval required housing mitigation. Disability – A physical or mental impairment that substantially limits one or more of the major life activities of such for an individual. Displaced Tenants – Any person who is removed from his/her residence due to conversion or reconstruction of a project. HPGAP 2023 21 Eagle County Employee – Eagle County Employee as defined in Section 3.12.020 Definitions. This section States: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence for which such person seeks an exemption under this Chapter is the primary residence for that person. Eligible Household – A Household that meets qualifying criteria used in establishing occupancy. Emergency Worker – An employee or volunteer of a community-based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department Workers; Mountain Rescue; Sheriff's Deputies; Police Officers'; Hospital Emergency Room technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Employee – Employee means a person employed in a building or on a property during normal periods of use. Employer – A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in the Town of Avon and/or Eagle County. Employee Housing – That housing used exclusively for persons employed in Eagle County. Equity – That interest or value remaining in property after payment of all liens or charges on the property or the monetary interest the owner has over and above the mortgage indebtedness. FHA – Federal Housing Administration. Financial statement – A statement detailing all personal Assets, liabilities, and net worth (the difference between Assets and liabilities) as of a specific date. Gross Assets – Anything which has tangible or intangible value. Property of all kinds, real and Personal, tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. The entire property of a person, association, corporation, or estate that is applicable or subject to the payment of their to its debts. Gross Household Income – Total amount of income a Household earns in one year from all sources before taxes. Gross Income – The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. HPGAP 2023 22 Household – All individuals who will occupy a Unit regardless of legal status or relation to the owner or lessee. Household Income Combined – Adjusted Gross Income of all individuals who will be occupying the Unit regardless of legal status. Housing Plan – A written plan submitted to the Town of Avon describing how an Applicant will satisfy the minimum recommendations of the Avon Municipal Code or as required through a Development Agreement as approved by Town Council. Inclusionary Housing – The provision of Affordable Housing in Residential Developments to ensure adequate housing stock for local residents and to maintain or increase the current ratio of primary to secondary home ownership. Initial Sales Price – The maximum price for which a Price Capped For-Sale Housing may be initially sold. Joint Tenancy – Title in real estate owned by two or persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants. Lottery – A drawing of lots to select a winner from equal Applicants of highest priority. Maxi-Bid Price – Calculation of purchase price multiplied by the appreciation (as identified in the Resale Agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Maximum Rental Rate – The maximum monthly rent payment for a Price Capped Rental Housing Unit, as provided for in the Administrative Procedures. All ongoing fees required to be paid by the resident (including but not limited to utilities and mandatory parking fees) must be included within the Maximum Rental Rate. Maximum Resale Price – The maximum amount an owner can sell the Housing Unit for per the deed restriction requirements. Mi Casa Avon – ¡Mi Casa Avon! is a Deed Restriction program that assists Avon’s workforce in purchasing homes within the Town of Avon with the intention of preserving the Unit for full-time residents in perpetuity. Minimum occupancy – One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. Net Assets – Gross Assets minus Liabilities. Non-Eligible Household – A Household that does not qualify as an Eligible Household. Occupancy and Resale Deed Restriction and Covenant – A contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale. HPGAP 2023 23 Owner – The Owner of record of the DRHU according to the Clerk and Recorder of Eagle County during their period of ownership interest. Payment in Lieu – A payment made to the Town of Avon to satisfy a Project’s recommended Housing mitigation. Price Capped For-Sale Housing – Housing subject to a Deed Restriction requiring that the Housing meet Initial Sales Prices, resale price appreciation limits, quality, and other criteria set forth in this document. Price Capped Rental Housing – Rental housing subject to a Deed Restriction requiring that the Housing meet Rental Rate Restrictions, quality, annual compliance, and other criteria set forth in this document. Price Capped Housing – collectively refers to Price Capped For-Sale Housing and Price Capped Rental Housing. Primary Residence – The occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the Applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the buyer is continuously occupying and using the residence as a Primary Residence. Program Administrator – The Administrator of the Town of Avon Housing Guidelines and Deed Restricted programs. The Housing Administrator shall be the community Development Director unless the Town Council or Town Manager appoints another person or housing authority to manage housing programs. Qualified Person – a person who has been vetted suitable as a qualified buyer or qualified resident by the Program Administrator. Real Property – Property other than personal property as defined by the statutes of the State and does not include trailers or mobile homes, except trailers or mobile homes, which, by way of a foundation, have become attached as fixtures to the land on which they are located. Rental Rate Restrictions – The maximum Rental Rate for which a Price Capped Rental Housing unit may be leased, as provided for in this document or deed restriction. Retired Person or Older Person – a person at least 60 years of age or more at the time of initial occupancy. Resale Agreement – A contract entered into between the Town and the purchaser at the time of closing identifying the conditions of occupancy and resale. Resident Occupied For-Sale Housing – Housing subject to a Deed Restriction requiring that the Housing be owned and occupied by an Eligible Household as its Primary Residence as set forth in this document. HPGAP 2023 24 Resident Occupied Rental Housing – Rental housing subject to a Deed Restriction requiring that the Housing be occupied by an Eligible Household as its Primary Residence as set forth in the Guidelines. Resident Occupied Housing – collectively refers to Resident Occupied For-Sale Housing and Resident Occupied Rental Housing. Short Term Rentals – Any room or rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days, excluding any Unit classified as commercial property by the Eagle County Assessor. Tenancy-in-common – Ownership of property between two or more Persons who have an undivided interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to their heirs or beneficiaries and not to the surviving tenants in common. Transfer – Any grant, conveyance or alienation of Real Property, as evidenced by deed, instrument of conveyance or exchange, or any other writing wherein or whereby title to Real Property is granted, conveyed or alienated, or the conveyance of a possessory interest including any other indicia of ownership without the passing of legal title. HPGAP 2023 25 APPENDIX B – DEED RESTRICTION TEMPLATES (Pending) HPGAP 2023 26 APPENDIX C – RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS (Pending) E.g., Declarations and Covenants, Plat Notes, etc. DEFINITIONS Adjusted Gros• Incou income derived from a employment and from producing property The total business, income less deductions for depreciation, taxes allowances related business or income property. expenses, and similar to the producing Assets -Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contract to obligations due others. See also definition for Gross Assets and Net Assets. Authority -The Housing Authority of the Town of Avon. Avon Resident Person and/or working within the Avon or persons having committment with a Town employer. living Town of a job of Avon Bedrooa That portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. capital Iiaproveaenta Any fixture erected as a permanent improvement to real property or that which adds to the value of the property. co-signer -A joint signer of a promissory note who shall not be on the deed of ownershi� on the housing unless qualified under the Guidelines but may be collateralized by a lien. conauaer Price Index (C.P.I.) The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. County RMident and/or working County or persons co111111ittment with employer. Person within having an Eagle living Eac,le a )Ob county Ratio -The ratio of the monthly debt serviceable as a percentage of gross income. Displaced Tenanta Any �erson who is re110ved from his/her residence due to conversion or reconstruction of a project. bergency Worker - An employee or volunteer of a community based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department Workers; Mountain Rescue; Sheriff's Deputies; Police Officers'; Hospital Emergency Room Technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Ellployee -A person who works a minimum of 30 hours per week� months per year, in Eagle County. Ellployer business within business defined County, are paid A business whose address is located Eagle County whose employs employees (as herein) within Eagle and whose business taxes in Eagle County. Equity -That interest or value remaining in property after pay,rient of all liens or charges on the property or the monetary interest the owner has over and above the llOrtgage indebtedness. Financial statement - A statement detailin9 all personal assets, liabilities, and net worth (the difference between assets and liabilities) as of a specific date. Groaa Aaaeta -Anything which has tangible or intangible value. ?erperty of all kinds, real and E>9rsonal, tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. The entire property of a person , association, corporation, or estate that is applicable or subject to the payment of his or her to its debts. Groas IncoM -The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. Handicapped Person shall be considered within the meaning of of the Rehabilitation and C.R.S.24-34-301. A person handicapped Section 504 Act of 1973 Household Incoae adjusted gross income individuals who will be the unit regardless status. Joint Tenancy Title estate owned by two Combined of all occupying of legal in real or 110re persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants. Lottery - A drawing of lots to select a winner from equal applicants of highest priority. Maxi-Bid Price Calculation of purchase price multiplied by the appreciation (as identified in the resale agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Jlini- occupancy One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. ■et M8eta -Gro•• assets minusliabilities. OCeupancy and Ruale Rutrictlon and Covuant contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale. Deed A the the the and Qualified Person A full-time employee who is paid annually on a basis of 1170 or more hours per year, senior, handicapped person, or dependent of any of these, as defined by the IRS who elect to execute a contract with the Authority obligating such person ( s) to occupy the affordable housing unit as their sole place of residence. Resale Agreeaent A entered into between the the purchaser at the contract Town and time of closin9 identifying conditions of occupancy resale. the and senior - A person the age of 62 years or more. Tenancy-in-co.aon -Ownership q_f property between two or more �ersons who have an undivided interest in the whole property; no right of survivorship, whenone of the owners dies, the interest passes to his or her heirs or beneficiaries and not to the surviving tenants in common. THE TOWN OF AVON 1990/91 AFFORDABLE HOUSING GUIDELINES RETYPED 2023 PURPOSE "TO ASSURE THE EXISTENCE OF A SUPPLY OF DESIRABLE AND AFFORDABLE HOUSING FOR PERSONS EMPLOYED IN AVON AND EAGLE COUNTY, SENIOR CITIZENS, THE HANDICAPPED, AND OTHER QUALIFIED PERSONS OF AVON AND THE COUNTY, WHICH ARE NECESSARY FOR A BALANCED COMMUNITY." RENTAL/SALE REQUIREMENTS CRITERIA, SPECIFICATIONS, PROCEDURES AND PRIORITIES The following Rental/Sale Requirements for Affordable Housing Units establish admission and occupancy criteria for affordable housing units. A. OCCUPANCY, INCOME AND ASSET REQUIREMENTS a. OCCUPANCY REQUIREMENTS - To be eligible for affordable rental/ sale housing, a person must propose to occupy the unit as their primary residence and meet the criteria: A person must qualify as follows: i. An Employee, as defined in the Definitions to these Guidelines; ii. A Senior, as defined in the Definitions to these Guidelines; iii. A Handicapped Person, as defined in the Definitions to these guidelines; or iv. A dependent of any of the above who proposes to live in the affordable housing unit. (Note: Anyone claiming a dependent must claim the dependent on their Income Tax Returns.); and b. An individual owning a local residence must agree to list that residence within 90 days of closing on the affordable housing unit. The residence must be sold within one year of closing on the affordable housing unit or the individual must be able to demonstrate a good faith effort was and is being made to sell the unit. The value of this property will be excluded from the gross asset limitation and included in the net asset limitation calculation. c. If an individual owns vacant land when leasing or purchasing a restricted affordable housing unit, as soon as the land is improved with a residence, the individual must relinquish the affordable rental unit or list and sell the ownership interest in the affordable sales housing unit or agree to restrict the new unit(s) to affordable housing as provided in these guidelines. 2. INCOME RANGE Household income individual(s) income) shall not maximums per year:(defined as combined exceed the following INCOME MAXIMUM Category #1 - $0 - $29,999 The range for this category is derived by taking up to the 30th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. Category #2 - $30,000 - $44,999 The range for this category is derived by taking from the 31st to the 59th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. Category #3 - $45,000 - $59,000 The range for this category is derived by taking from the 60th to the 78th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. NOTE: A household below an income limit wishing to purchase a unit restricted under a higher category, may qualify for a unit restricted under a higher category. Each non-working dependent qualifies for $5,000 addition to income. 3. ASSET LIMIT - Net Assets shall not exceed $40,000 (category 1), $75,000 (Category 2), $100,000 (Category 3) and not exceed $150,000 Gross Assets for any category. Any purchaser who has assigned, conveyed, transferred, or otherwise disposed of property within the last two years without fair consideration in order to meet the asset limitations shall be ineligible. B. PRIORITY FOR RENTAL OF AFFORDABLE HOUSING UNITS Persons desiring to lease a Deed Restricted Affordable Housing Unit, shall be given priority for units according to the following guidelines. Avon Residents shall receive highest priority, with county Residents receiving second priority. Persons shall be prioritized by years of consecutive residency. (See Definitions of Avon Resident and County Resident). 1. Qualified persons living within the same complex meeting occupancy, income and asset standards. 2. Qualified persons living within a Deed Restricted Affordable Housing Unit in Avon meeting occupancy, income, and asset standards. 3. Qualified Avon Residents meeting occupancy, income, and asset standards, needing to readdress occupancy standards. 4. Qualified Avon Residents meeting the occupancy, income and asset standards. 5. Qualified county Residents meeting occupancy, income, and asset standards, needing to readdress occupancy standards. 6. Qualified County Residents meeting the occupancy, income and asset standards. 7. Avon Employers. The Authority will provide an acceptable lease. Employers cannot occupy the affordable housing unit. 8. County Employers. The Authority will provide an acceptable lease. Employers cannot occupy the affordable housing unit. 9. Emergency Workers may qualify for a. higher priority category upon a finding by the Town that there exists an immediate community need to house an individual(s) falling within this category of workers in an affordable housing unit within Avon. 10. First priority for handicapped accessible units given to handicapped persons prioritized by residency. C. PRIORITY FOR SALE OF AFFORDABLE HOUSING UNITS Qualified Persons desiring to purchase an affordable housing unit shall receive preference and be prioritized by length of consecutive residency according to the following: Avon Residents shall receive priority, with County Residents receiving second priority (see definitions of Avon Resident and county Resident). 1. Highest offer price below or equal to stated maximum. The Authority or Owner reserve the right to reject any and all offers. In addition, the Authority may set a minimum offer price, below which no offers will be accepted. 2. Qualified person(s) meeting income and asset standards with a present ownership interest (joint tenants in common) in the affordable housing unit. The purchase price for this interest shall be equal to or greater than all other offers and not exceeding the maximum allowable offer price. 3. Qualified person(s) meeting income and asset standards chosen by the remaining owner(s) to purchase the interest of another owner provided that the offer is equal to or greater than other offers received but not exceeding the maximum allowable offer price. 4. Qualified Spouses and/or Children of current owners meeting income and asset standards. 5. Qualified persons meeting income and asset requirements. a. With minimum occupancy. b. No minimum occupancy. 6. Upon a finding by the Town, Employers may purchase units and are the last priority. Employers who purchase units are subject to different Occupancy, Resale, Deed Restriction, and Covenant which can be obtained through the Town for review Avon employers will receive priority over County employers. 7. Qualified persons. a. With minimum occupancy. b. No minimum occupancy. 8. First priority for handicapped given to handicapped persons prioritized by length of residency. 9. Qualified persons who are removed from their residence in Eagle County due to conversion or reconstruction of their residence may receive higher priority upon a finding by the Town. D. VERIFICATION REQUIRED BY APPLICANT TO QUALIFY FOR AFFORDABLE HOUSING UNITS The applicant combination, of residency, shall provide upon request by the Town any or all, of the following documentation as proof employment and income: 1. Federal Income Tax return forms. a. Applicant must provide the last four (4) years of Federal Tax Returns, an audited financial statement, or acceptable documentation to the Town. b. No greater than a 20 percent difference between income reported on tax returns and current income statements will be accepted without acceptable documentation of the difference. 2. Verification of current employment or job commitment in Avon or Eagle County (i.e., wage stubs, employer name, address, and phone number or other appropriate documentation as requested by the Authority). 3. Landlord verification (proof of residency, physical address). 4. Valid Colorado Driver's License (address, issue date). 5. Verification of Telephone service (date of installation, person listed to). 6. Vehicle insurance and registration. 7. Voter registration. 8. Deposits for down payment shall be verified by the holder of such funds. 9. Any documentation which the Town deems necessary to make a determination. NOTE: In addition to the initial verification requirements set forth above, rental applicants shall be reviewed and verified annually to ensure that they continue to meet occupancy, income, and asset requirements under the Guidelines as they are adopted from time to time. Units for which the renter fails to meet these requirements shall be made available for lease according to these Guidelines. Upon notice that the requirements are no longer met, renters will be given a maximum of a 10-month lease to provide them the opportunity to locate other housing. E. ADDITIONAL INFORMATION 1. Any co-ownership interest other than joint tenancy or tenancy-in-common must be approved by the Town. 2. All transactions regarding the conveyance of any of the units shall be subject to the Occupancy and Resale Deed Restriction and Agreement. 3. Co-signers may be approved for ownership projects but shall not occupy the unit unless qualified by the Town. 4. The following procedures are described for the reader's information and some of which are delineated in the Occupancy and Resale and Agreement which is required to purchase of the Affordable Housing Unit. a. Units with the highest offers of equal amounts and equal priority status shall be placed in a lottery, which will be held within a reasonable amount following the deadline for bids. b. Leave of Absence may be granted for one year subject to clear and convincing evidence, which shows a reason for leaving and a commitment to return to the Avon/Eagle County area and shall be approved by the Town. Said evidence shall be in written form presented to the appropriate Homeowner's Association and to the Town 30 days prior leaving for review and recommendations. The Leave of Absence shall be for one year and may, at the discretion of the Town, be extended for one year, but in no event shall it exceed two years. The unit may be rented under the Town's rental guidelines, during said year or years, to a qualified resident in the Town of Avon and/or Eagle County. After verification and qualification of tenant(s), a copy of the executed lease shall be furnished to the Town. c. If a unit is listed for sale and the owner must relocate to another area, the unit may, upon approval of the Town be rented to a qualified resident, approved by the Town. A letter must be sent to the Town Offices requesting permission to rent the unit until sold. A minimum six (6) month written lease must be provided to the tenants with a sixty (60) day move out clause upon notification that the unit is sold. All tenants must obtain verification from the Town and the unit must rent as defined in the terms of the Occupancy and Resale Deed Restriction and Agreement on the unit. F. DEED RESTRICTIONS The reader is referred to the “Occupancy and Resale Deed Restriction and Agreement”, which is available at the Town of Avon Offices. G. FORECLOSURE The Town of Avon (the "Town") may, pursuant to an agreement entered into in connection with any first lien deed of trust or mortgage to be secured by the affordable housing unit, agree to release and waive their ability to enforce the resale restrictions contained herein, in the event of foreclosure, provided that such agreement grants to the Town Council and Authority, the option to acquire the affordable housing unit within 30 days after the expiration of the statutory redemption period for an option price not to exceed the redemption price on the last day of the redemption period. The following option provisions shall be included in loan documents, or in a separate agreement entered into in connection with loan documents, and shall be executed by the lender, the Town council, and the Authority. In the event of a foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust or mortgage on the affordable housing unit, and subject to the issuance of a pul1,lic trustee's or sheriff's deed to the holder following the expiration of the borrower's redemption rights, the Housing Authority of the Town of Avon ("Authority") and the Town Council of the Town of Avon, Colorado (the "Town Council") shall have the option to purchase the affordable housing unit which shall be exercised in the following manner: 1. Notice. The holder shall give notice to the Authority and the Town Council that a certificate of purchase with respect to the affordable housing unit has been issued to said holder by the Public Trustee of Eagle County. such notice will be given within 10 days of the issuance of the certificate. Notice shall be deemed given upon being placed in the U.S. Mail, First-class postage prepaid, and addressed as follows: Town Manager, Town of Avon P.O. Box 975 Avon, CO 81620-0975 2. First Option. The Town council shall have 15 days after the expiration of the borrower's statutory right to redeem in which to exercise its option by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower on the last day of the redemption period. 3. second Option. The Authority shall have 15 days after the expiration of the Town Council’s option as set forth above to exercise its option to purchase the affordable housing unit by tendering to the holder, in cash or certified funds an amount equal to the redemption price which the borrower would have been required to pay on the last day of the redemption period. 4. Title. Upon receipt of the option price, the holder shall deliver to either the Authority or the Town Council a special warranty deed, conveying the property to either the Authority or the Town Council. Title shall be merchantable, free and clear of liens and encumbrances which would render title unmerchantable. In the event that neither the Authority or the Town council exercise their respective options as provided above, the Authority and the Town Council shall cause to be recorded in the records of the Clerk and Recorder of Eagle County, a full and complete release of the covenants restricting such unit to Affordable Housing use which appear in said records in Book ( ) Page ( ). Such release shall be placed of record within three days after demand therefore by the holder following expiration of the options. DEFINITIONS Adjusted Gross Income – The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property. Assets – Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contract to obligations due others. See also definition for Gross Assets and Net Assets. Authority – The Housing Authority of the Town of Avon. Avon Resident – Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer. Bedroom – That portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. Capital Improvements – Any fixture erected as a permanent as a permanent improvement to real property or that which adds to the value of the property. Co-signer – A joint signer of a promissory note who shall not be on the deed of ownership on the housing unless qualified under the Guidelines but may be collateralized by a lien. Consumer Price Index (C.P.I.) – The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. County Resident – Person living and/or working within Eagle County or persons persons having a job commitment with an Eagle County employer. Debt/Income Ratio – The ratio of the monthly debt serviceable as a percentage of gross income. Displaced Tenants – Any person who is removed from his/her residence due to conversion or reconstruction of a project. Emergency Worker – An employee or volunteer of a community based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department Workers; Mountain Rescue; Sheriff's Deputies; Police Officers'; Hospital Emergency Room technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Employee – A person who works a minimum of 30 hours per week, 9-months per year, in Eagle County. Employer – A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in Eagle County. Equity – That interest or value remaining in property after payment of all liens or charges on the property or the monetary interest the owner has over and above the mortgage indebtedness. Financial statement – A statement detailing all personal assets, liabilities, and net worth (the difference between assets and liabilities) as of a specific date. Gross Assets – Anything which has tangible or intangible value. Property of all kinds, real and Personal, tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. The entire property of a person, association, corporation, or estate that is applicable or subject to the payment of his or her to its debts. Gross Income – The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. Handicapped Person – A person shall be considered handicapped within the meaning of the Rehabilitation Section 504 Act of 1973 and C.R.S.24-34-301. Household Income Combined – Adjusted gross income of all individuals who will be occupying the unit regardless of legal status. Joint Tenancy – Title in real estate owned by two or persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants. Lottery – A drawing of lots to select a winner from equal applicants of highest priority. Maxi-Bid Price – Calculation of purchase price multiplied by the appreciation (as identified in the resale agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Minimum occupancy – One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. Net Assets – Gross assets minus liabilities. Occupancy and Resale Deed Restriction and Covenant – A contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale. Qualified Person – A full-time employee who is paid annually on a basis of 1170 or more hours per year, senior, handicapped person, or dependent of any of these, as defined by the IRS who elect to execute a contract with the Authority obligating such person ( s) to occupy the affordable housing unit as their sole place of residence. Resale Agreement – A contract entered into between the Town and the purchaser at the time of closing identifying the conditions of occupancy and resale. Senior – A person the age of 62 years or more. Tenancy-in-common – Ownership of property between two or more Persons who have an undivided interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to his or her heirs or beneficiaries and not to the surviving tenants in common. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a hybrid format, in-person at Avon Town Hall and using zoom.us. Mayor Amy Phillips called the April 11, 2023 Council regular meeting to order at 5:00 p.m. A roll call was taken, and present were Councilors Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Mayor Phillips and Mayor Pro Tem Tamra Underwood. Also present were Town Manager Eric Heil, Town Attorney Karl Hanlon, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Police Chief Greg Daly, Community Development Director Matt Pielsticker, Finance Directors Scott Wright and Paul Redmond, Recreation Director Michael Labagh, Public Works Director Eva Wilson and Human Resources Manager Karyne Spadi. 2. APPROVAL OF AGENDA Video Start Time: 00:00:35 Mayor Phillips initiated the meeting with the Agenda approval process. She proposed that there be two additional business items added: 5.4 Overview of the Status of SB23-213, and 5.5 Discussion of Written Report 7.5 Quarterly Update to the 2023 Department Goals. With no other Agenda amendments discussed, Mayor Pro Tem Underwood presented a motion to approve the Agenda, as amended. Councilor Thuon seconded the motion. It was approved with a 7-0 unanimous vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:35 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. Before opening the floor to public comment, Mayor Phillips invited current Finance Director Scott Wright to introduce the new incoming Finance Director Paul Redmond who in turn summarized his professional background and his passion for coaching youth Hockey. 4. PUBLIC COMMENT Video Start Time: 00:03:35 Mayor Phillips explained that 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. She asked if there was any public comment from those present in the room or on Zoom. Fire Chief Karl Bauer with the Eagle River Fire Protection District took to the podium to speak of his pursuit of a resolution to support issue A and wanted to update Council that Eagle River Fire Protection District has elected to cancel the election and tax increase question and is instead forming a Citizens Advisory Committee to address the budgetary shortfall in a way that is sensitive to the financial concerns of the Community. Councilor Thuon asked what the shortfall refers to and Chief Bauer stated it seeks to relieve the operating budget and bolster the Fire Improvement Fund to purchase equipment and fire apparatuses. Mayor Pro Tem Underwood asked Chief Bauer to keep Council updated on the formation of the advisory committee and offered to provide feedback when the time comes. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 Charlene Koegel, Resident of Eagle Vail, took to the podium in support of the use of electric vehicles and said she is thrilled by the availability of EV charging stations in Avon. She then advised Council of her concern that the EV charging stations on Lake Street are out of order and have been for a while. Public Works Director Eva Wilson advised her and Council that the Town has been actively working with the vendor Chargepoint to get those up and running but that they are awaiting on parts. No further public comment was made in person or on Zoom. 5. BUSINESS ITEMS 5.1. Work Session: Lot 5 / Swift Gulch Housing & Public Operations Facility (Planning Director Matt Pielsticker) Video Start Time: 00:11:15 Town Manager Eric Heil introduced the work session with a proposal to move housing units to Lot 5 and maintain public works expansion at Swift Gulch. He was followed by Public Works Director Eva Wilson who delivered her presentation from the Public Operations perspective at Swift Gulch and Matt Pielsticker who delivered his presentation from the housing and planning perspective at Lot 5. Councilors had ample discussion on design advantages and disadvantages for both uses at Swift Gulch and Lot 5. After deliberations, Councilors Thuon, Carroll, Stanley, Hardy, Andrade, and Mayor Pro Tem Underwood and Mayor Phillips expressed support for Option 2 at Lot 5, in alignment with PZC and staff recommendation, because the per unit cost is very similar to Option 1 and this option provides additional density, and further supported proceeding with Phase I of a Public Works Facility at Swift Gulch because the garage structure is currently needed and keeping the majority of Public Works operations consolidated at Swift Gulch. Town Manager Heil advised Council that he had ample direction from them and would come back to them as soon as possible, with more detailed plans to follow. No public comment was made in person or on Zoom. 5.2. Presentation: La Zona (Planning Director Matt Pielsticker and Recreation Director Michael Labagh) Video Start Time: 01:06:30 Planning Director Matt Pielsticker delivered his presentation to Council related to the status of La Zona. He was joined by Town of Avon Planner Max Morgan and Lee Dubin, CU Denver Capstone Project Lead who presented proposals for a skate plaza at the 351 Benchmark Rd. location. There was ample discussion among Councilors. Councilor Andrade expressed concern over the choice of a skate plaza vs. a dedicated skate park and referenced the skate park in Gypsum. He encouraged staff not to settle. Councilor Stanley added that the size of the skatepark is comparable to that of Winter Park and seems adequate. Mayor Pro Tem Underwood inquired on seasonal weather and skate plaza maintenance. Councilor Hardy expressed that she’s heard concerns in the community of adding a skatepark when there is one already in Edwards but highlighted this space is more community oriented in design. Councilor Carroll asked if the library AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 has supported this project adjacent to them and if there were any noise concerns and was advised that Library staff expressly stated they thought the skate plaza was a complementary use that would fit in nicely with the library and there are no noise concerns from them or staff at this time. Mayor Phillips opened up the floor to public comment and Charlie Sherwood, a resident of Wildridge took to the podium to speak against the skate plaza and stated that he believes an art center would be better than a skate plaza at that location and suggested a skate park be placed at a different location. Claire Altenau, resident of Avon, took to the podium and expressed she is the founder of the local non-profit Duchess Ride, that coaches women to skate as a form of mentorship program. She spoke in favor of the skate plaza and highlighted that there’s been an increase of skate camps in Edwards and there is need for more spaces like it in Avon, especially as the sport grows and girls engage in it alongside boys. Tanya Godinez, resident of Gypsum, took to the podium and stated she runs a successful skate camp through Mountain Rec and has observed children use skateboarding to improve their social development. She added that most children usually lose interest in after school programs after they turn 15 but not with skateboarding. She added that an art plaza brings much less to the community than a skate plaza does. Rob Bak, resident of Edwards, took to the podium and stated he has lived in the Valley for 27 years and has observed that people go to Edwards and Vail to enjoy their skate parks and that Avon residents must go out of their town to skate, but this space would solve that for them. He added he owns the Colorado Skateboards Company and has observed mountain towns gain a lot of revenue from skateboarding-centric events. He closed his remarks with the fact that the Lakota Indian tribe uses skateboarding as a tool to fight suicide in their reservations and skateboarding helps mental health among youths, noting it is now an Olympic sport which could make it that an Olympian might come out of this County in the future. Kent Beidel, resident of Avon, took to the podium to ask about Avon’s brand. He said there needs to be a focus on parking, bathrooms and food. He said the Town keeps missing the mark on food opportunities and invited Council to explore a food hall type market as a better use for 351 Benchmark Road, adding he thinks it could accommodate a multifunction building with a food hall and art to better serve this side of Town. He proposed that the old Town Hall site could accommodate the skate park. Christy San Diego, resident of Dotsero, took to the podium and said she is a senior in Eagle Valley High School, hers is a youth’s perspective, she doesn’t skateboard, and her focus is on equity and access. She said there’s not a lot of places for youth to congregate and connect in this Valley, unless it revolves around getting food. She added when she visited Winter Park and its skatepark, she was able to meet new people and be outside. She said youths need something similar in Avon, adding there’s a substance abuse issue in the community that could be improved with the skate plaza. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 Wendy Rimel, Resident of Edwards, President of the Education Foundation of Eagle County, took to the podium and closed public input reiterating her support for the skate plaza in terms of how it contributes to improve the mental health of youth in the Valley and especially in Avon. Mayor Phillips thanked the public for their valued input. After reviewing the different options included in the staff presentation, Councilor Andrade stated he is in support of proposals 1, 2 and 4. He expressed frustration for Town staff to have included the project of a pool expansion as an alternative that is financially inviable at this time. He noted the skate park is the most affordable initiative presented. Staff feedback included that the study of the pool expansion was necessary as part of long-term planning. Councilor Thuon echoed the sentiment of frustration from Councilor Andrade and said it was totally unfair to invite public comment on a pool expansion when there never was a way to pay for it. He advised Town staff that they put the cart ahead of the horse and did not watch their Ps and Qs. He called it a giant white elephant in the room and said Town staff wasted people’s feelings by getting them excited that Avon might one day have an Olympic sized pool. He added he is opposed to a tax increase to pay for such a project. He asked if corporate sponsorship could pay for the pool and wondered if the wealthiest 1% in the community might be willing to donate funds to build it. He wondered if those avenues and local coalitions could be explored to finance the pool independently. He ended his remark stating his feelings were hurt by creating that falsehood. Feedback from Town Manager Heil included that the Town needs to explore improvement alternatives, including those of a larger pool remodel, for these to stay on the radar, and this is the way to advance toward future goals. He explained that even though the Town can’t pay for the pool expansion in the short term, it doesn’t mean it won’t be able to in the future, and having the objective helps steer the direction. He added perhaps there will be an opportunity or need for donors or sponsors and understanding this need is how you begin to address it. He added that focus today is to understand if Council supports proposals 1, 2 and 4 and the parking structure. Mayor Pro Tem Underwood asked if proposals 1, 2 and 4 can be designed, pursued, built and financed independently, which she was advised yes, they can. Mayor Phillips asked if more specific and detailed cost estimates of each of proposals 1, 2 and 4 will be presented to Council, which she was advised yes, that is the intent. There were no more questions from Councilors. Mayor Phillips opened up the floor to public comment on Rec Center and parking expansion plans and Tom Kiddoo, resident of Eagle Vail, took to the podium and stated he owns a business in Avon and supports that Council continue to look for funding options to secure the expansion of the pool. No further public comment was made in person or on Zoom. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 Councilor Carroll stated he was overwhelmed in a good way by all the information. He spoke about his involvement with the Main Street long term planning in 2006 and noted those plans were essential in bringing us to where we are. He said the planning documents created today are important to guide the Town in the future. He stated you can’t raise money without a clear vision of what’s possible, the effort hasn’t been wasted, and similar past efforts are and have been necessary to bring Avon to where it is. Councilor Carroll stated he is in favor of proposals 1, 2, and 4. He is in favor of the skate plaza. He is in favor of the connection to Main Street, and in favor of the parking structure analysis. He stated it is necessary to get to the point of knowing exact costs that each entail. He noted he is in favor of a pool expansion in the long term, and it would be a huge asset for the swimming community and could make Avon the swimming center of the County. He closed his remarks with a note that the biggest audiences at public events in this process were in support of the skatepark and the pool and this sends a message that the Community wants these spaces, and the Town needs to find a way to satisfy them. Councilor Hardy echoed remarks from Councilor Carroll and said she is in favor of proposals 1, 2, and 4. She is in favor of the connection to Main Street. She is in favor of the pool, and noted she swam a lot growing up and has stopped because the Avon pool is always busy. She stated the community has been asking for a bigger pool for 10 years and hopes that one day Avon is known as the pool place. In reference to the Skate Plaza, she said she is in favor of one but expressed concern for noise next to the library and that the plaza might make it too congested at that location. She asked staff if Zone F of the map would be a better location for the skate park and suggested staff explore an alternate location for it. She expressed support for an art center to be placed at 351 Benchmark Road and noted just because the land is vacant doesn’t mean the skate plaza needs to be there. Town Manager Heil responded with a concern that moving the skate park near other residential neighborhoods may prove difficult and the old Town Hall site doesn’t allow for a skate park and bathrooms. Town Manager Eric Heil suggested to Council that if they would like to explore alternate locations for the skate park, staff will do so with Council direction to explore them. Councilor Thuon stated Zone H, the old town hall site is the Town’s most valuable asset in terms of location and a skate park is not the best use for that land. He said Charlie Sherwood has a great idea with bringing art to that area and he’s not sure skateboarding is the culture Avon wants to be known for. He stated he wants something with more niceness and expressed concern that there’s cursing that happens at the Edwards skatepark. He spoke in favor of exploring food options for that space and noted the Town needs to provide better options to eat at the park. He said he loves food trucks at the bus center but there is a need for something small and simple that allows people to get refreshments and access a toilet. He closed his remarks by saying proposals 1, 2, and 4 are good and the Town should pick one of those with a focus on servicing the needs of the community now and 3 years from now. He wondered if the budgets are adequate for the scope of those proposals. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 Councilor Stanley echoed her support for the remarks of her fellow Councilors and said she supports proposals 1, 2, and 4 because they can be executed independently from one another. She expressed support for the parking garage. She said she loves the idea of giving kids a place to meet, connect and gather in Town. She noted initial concerns for noise issues that are dispelled based on her participation at the PZC meeting and the fact that the library district is aware and not concerned of noise. She brought up that kids dropped off at library may sneak out to skate. She closed her remarks stating that those involved with the skate plaza have come up with funding for the project which makes her observe community support. She agreed that an art center is desirable but wondered where funding would come from, and suggested Charlie Sherwood also explore that. Councilor Andrade supported moving forward with proposals 1, 2, and 4. He echoed support for the skate park and expressed concern for its design as a skate plaza and asked it be the best skate park without any compromise. Mayor Pro Tem Underwood referred to staff recommendations and stated she is in favor of the Main Street pedestrian mall, as recommended by staff. She directed staff to explore how much of the 2006 Main Street plan could be recycled, and to ensure any design RFP be narrow-scoped. She echoed support for proposals 1, 2, and 4 and noted that doesn’t mean the Town is proceeding with them and more work is to come. She spoke in favor of proceeding with the existing skate plaza proposal because it will offer a community space for an underserved part of Avon’s community, youths and skaters, and in no small part because they came up with their own funding. She closed her remarks with thanks for all the work around this. Mayor Phillips stated this is a transparent and thorough project which she thinks is essential to avoid mistakes like those made in the past in planning the big stage at the park without adequate bathrooms. She acknowledged that offering bathrooms needs a solution and it all is a long process but necessary to move the Town forward. She noted several conversations about needing places to eat near the park and noted the presence of food trucks and a food truck protocol that requires them to be from existing Avon restaurants. She added that existing food offerings are incredibly walkable and there are already 7-9 restaurants and existing food trucks which can satisfy demand before expanding food offerings. She noted the Art Selection Committee and CASE are already looking at places where existing art is getting replaced with juried art and the art community in Avon is strong. She expressed excitement at the thought of Avon producing Olympic skateboarders and swimmers. Based on the consensus she noted from Council, she directed staff to move forward with planning proposals 1, 2, and 4. She asked staff to move forward with further planning the skate plaza. She also asked that staff move forward with getting the Main Street Mall moving and getting the parking structure design started. Mayor Phillips conducted a straw poll to gage Council support for the skate plaza to be located at the old firehouse at 351 Benchmark Rd. When asked, Councilors Carroll, Andrade, Stanley and Mayor Pro Tem Underwood and Mayor Phillips raised their hand in support of locating the skate park at the old firehouse and Councilors Thuon and Hardy did not raise their hand in support of that location. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 Councilor Thuon asked if the vote taken resulted in the Skate Plaza being built at the old firehouse instead of exploring the old town hall, and Town Manager Heil detailed that the vote directs staff to move forward with the design of the Skate Plaza at the old firehouse but that it will still be presented for additional approvals before PZC, and based on their recommendation, will be presented before Council to vote on. Councilor Hardy added that she believes there was not enough transparency and due diligence in the La Zona process as it relates to the final location of the skate plaza at the old firehouse vs. the old town hall and noted that she feels this part of the decision-making process is hurried, which Councilor Thuon echoed. Mayor Phillips closed the discussion by recapitulating direction to Town staff on how to prioritize and proceed between both Business Item 5.1 and Business Item 5.2 in the Agenda. She highlighted consensus that priority should be given to the Swift Gulch Public Works facility and Lot 5 housing development, and secondary priority to proposals 1, 2, 4, and the skate plaza, adding a note that the old firehouse cannot be demolished until the new public works facility is built in order to have a place to store the snowplow named Slush Puppy. 5.3. First Reading Ordinance 23-03 Building Code Amendments (Building Official Derek Place) Video Start Time: 03:10:45 Derek Place delivered his presentation on Building Code Amendments related to ‘electric preferred’ and was joined by Gina McCrackin and Kim Schlaepfer of the Climate Action Collaborative at Walking Mountains Science Center. Councilors sustained discussions on ‘electric preferred’ versus ‘electric required’ and consensus was to maintain code amendments in the realm of ‘electric preferred’. Councilor Carroll noted that in Attachment C, Bullet 21 of the presentation, there is a statement that combustion equipment shall not be permitted to be installed to replace electric equipment and asked if this is consistent with ‘electric preferred’. This was determined an error to be corrected and the community will not be prohibited from replacing electric equipment with combustion equipment. No public comment was made in person or on Zoom. After deliberations, Mayor Pro Tem Underwood moved to approve the ordinance on first reading, with the amendment noted by Councilor Carroll. Councilor Stanley seconded the motion. It was approved with a 7 to 0 unanimous vote. 5.4. Overview of the Status of SB23-213 (Town Manager Eric Heil) Video Start Time: 03:42:00 Town Manager Eric Heil delivered an update of the status of SB23-213 and mentioned that there was a 52 page amendment that came out that same day that is being reviewed by him, the Town Attorney and others. Heil and Town Attorney Karl Hanlon presented a broad analysis of the status and answered Council questions. No public comment was made in person or on Zoom. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 8 5.5. Written Report 7.5 Quarterly Update to the 2023 Department Goals (Town Manager Eric Heil) Video Start Time: 03:53:24 Mayor Phillips noted she asked for this item to be added to the Agenda due to ongoing conversations among her and Town Manager Eric Heil related to an existing cap for contributions to the Mi Casa program of $100,000 and the real estate transfer tax exemption set at $240,000 for primary residency properties. She noted that due to changes in the market over the last 2 to 3 years, the real estate transfer tax exemption is too low, and the caps are no longer adequate when viewed in the context of the current value of a 3-beddroom townhome. After deliberations, there was unanimous consensus from Council to direct staff to review and update these caps, with Councilor Carroll suggesting there be added rigor in developing these parameters so that they are based on the average cost of a home in lieu of a specific dollar amount. No public comment was made in person or on Zoom. 6. MINUTES Approval of February 28, 2023 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 03:56:53 pm With no discussion or correction, Councilor Carroll moved to approve the Minutes from March 28, 2023, as presented. Councilor Stanley seconded the motion. They were approved with a 6-0 vote, with Councilor Thuon abstaining. 7. WRITTEN REPORTS 7.1. Planning & Zoning Commission April 4 Abstract (Planner 1+ Max Morgan) 7.2. Draft March 16 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 7.3. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 7.4. Food Truck Program Process (Special Events Coordinator Chelsea Van Winkle) 7.5. Quarterly Update to the 2023 Department Goals (Town Manager Eric Heil) 7.6. Quarterly Mi Casa Avon Update (Senior Planner Jena Skinner) 7.7. Upper Eagle Regional Water Authority February 23, 2023 Meeting Summary (Mayor Pro Tem Tamra Underwood) 7.8. Energy Use for Town (Planner 1+ Max Morgan) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:13:44 Councilor Andrade mentioned that City Market has placed wine displays everywhere and Town Attorney Karl Hanlon updated Council that he is actively working on enforcement alternatives. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 9 Councilor Thuon asked that the Town be proactive in road repairs by East Beaver Creek Blvd between City Market and Walmart. He stated the repair schedules may not reflect actual wear and tear and perhaps the town needs to move quicker on certain roads. He highlighted his road in Wildridge needs attention and is not scheduled for maybe another couple of years and perhaps visual inspections of roads are needed. Public Works Director Eva Wilson indicated that her Department performs annual inspections of the Town’s streets and makes repair adjustments as needed. Town Manager Eric Heil added information on scheduled road repairs of East Beaver Creek Blvd by Traer Creek Metro District for the middle section of that road, but not all the way to Chapel Square where there may be a need for additional patching or overlay. Heil noted that the Town’s staff is also preparing a repair and replacement inventory for all the Town’s infrastructure. Councilor Thuon then engaged Heil on the status of the bathroom project at Nottingham Park and asked if the toilets in the park are dead and if staff feels they are dead, asking if it’s a mute subject. Heil indicated that the project is on standby, there is a design in place, the Town published a bid for it based on that design, but the cost was 2.5 more expensive than the estimated budget. Heil noted that staff are open and actively exploring options to build bathrooms within the original budget and when needed, Council might choose to build bathrooms on that or on a higher budget. He detailed that the Town is looking at modular options and continues to explore all options to make bathrooms available for the park’s community. Councilor Thuon shared that he recruited two Contractors to obtain information on the bathroom project from the Town and the message they received was that the bathrooms project is not moving forward at this time. Heil suggested that it is not a yes or no answer and it may be beneficial for Councilor Thuon to direct those contractors directly to him for additional information. Heil added that the answer is yes to building the bathrooms within the projected budget, but contractors have so far only been willing to build them above budget. Councilor Thuon followed up with questions regarding availability of a clear and concise bid package for Contractors and was advised that it is readily available with an approved budget of $3 million, but not more. Councilor Thuon expressed frustration, hurt, and upset at his efforts to recruit interest from contractors for the betterment of the community, where he felt he’s wasted time and when Contractors reach out, the Town does not have an answer for them which he does not feel is beneficial to him, them or the Town, and which he asked to be noted on the public record. Councilor Carroll thanked Mayor Phillips, Town Manager Eric Heil and Town Attorney Eric Heil for their efforts in tackling the issue of SB23-213. Mayor Phillips stated that Town staff are working on a debris flow mitigation plan update, and it will be delivered in the upcoming Council meeting. She moved on to update Councilors on the Town Manager yearly review and evaluation process currently taking place and how it will offer Councilors opportunity to provide input in his evaluation. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 09:14 p.m. AVON REGULAR MEETING MINUTES TUESDAY APRIL 11, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 10 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 RJ Andrade Lindsay Hardy Ruth Stanley Rich Carroll Chico Thuon Page 1 of 2 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, APRIL 18, 2023 100 MIKAELA WAY – AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER BY CHAIRPERSON PRO-TEM GOLEMBIESKI AT 5:26PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE MARTY GOLEMBIEWSKI, BILL GLANER, ANTHONY SEKINGER, AND KEVIN HYATT. ALSO PRESENT WERE PLANNING DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER, AICP, PLANNER 1+ MAX MORGAN. ALSO IN ATTENDANCE WERE APPLICANTS: REPRESENTATIVES FROM STONEBRIDGE COMPANIES AND CHRISTY BALL COMMISSIONERS DONNA LANG, STEVE NUSBAUM, AND THOMAS SCHAEFER WERE NOT PRESENT. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE AGENDA, AND COMMISSIONER GLANER SECONDED THE MOTION. 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. PUBLIC HEARINGS 4.1. LOT 38, BLOCK 3, WILDRIDGE / 4560 FLAT POINT / MINOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE FOR ROOF MODIFICATIONS (PLANNER 1+ MAX MORGAN) ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE #AEC23002 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 4-0 VOTE. ACTION: COMMISSIONER HYATT MOTIONED TO APPROVE #MNR23008 WITH NO CONDITIONS. THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 4-0 VOTE. 4.2. LOT 3, MOUNTAIN VISTA RESORT / 140 W. BEAVER CREEK BLVD / MAJOR DEVELOPMENT PLAN FOR EXTENDED STAY HOTEL (SENIOR PLANNER JENA SKINNER) ACTION: COMMISSIONER SEKINGER MOTIONED TO APPROVE #MJR22002 WITH CONDITIONS FOR A VALET-ONLY PARKING SYSTEM AND A MATERIALS MOCK-UP PRIOR TO CONSTRUCTION. THE MOTION WAS SECONDED BY COMMISSIONER GLANER, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 4-0 VOTE. 5. CONSENT AGENDA 5.1. APRIL 4, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES 6. FUTURE MEETINGS 6.1. MAY 2, 2023 6.2. MAY 16, 2023 7. ADJOURN THE MEETING WAS ADJOURNED AT 7:10 PM. Page 2 of 2 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 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – February 2023 & March 2023 data DATE: April 13th, 2023 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for February 2023 and the recreation fees and real estate transfer tax revenues for March 2023. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for February and March 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 – February 2023: February sales tax revenues totaled $1,283,697. This is an increase of $40,931 or 3.29% compared to February 2022 sales tax revenue of $1,242,766. FEBRUARY 2022 v FEBRUARY 2023 SALES TAX COMPARISON BY INDUSTRY February 2022 February 2023 Increase/Decrease Home/Garden $69,490.81 $56,720.04 ($12,770.77) Grocery/Specialty/Health $225,603.98 $234,969.60 $9,365.62 Sporting Goods Retail/Rental $157,005.76 $153,684.91 ($3,320.85) Miscellaneous Retail $44,031.48 $36,390.29 ($7,641.19) Accommodations $364,850.33 $369,148.82 $4,298.49 Restaurants/Bars $228,802.61 $240,939.42 $12,136.81 Other $10,482.95 $17,363.33 $6,880.38 Service Related $17,349.37 $18,023.80 $674.43 Liquor Stores $43,717.70 $47,476.67 $3,758.97 E-Commerce Retail $44,868.12 $44,499.03 ($369.09) Manufacturing/Wholesale $8,297.37 $12,342.80 $4,045.43 Construction Related Services $21,404.80 $44,074.87 $22,670.07 Digital Media Suppliers/Sellers $5,665.25 $7,127.83 $1,462.58 Commercial/Industrial Equipment $1,195.56 $758.42 ($437.14) Special Events $0.00 $178.00 $178.00 TOTAL $1,242,766.09 $1,283,697.83 $40,931.74 Sales Tax: February 2023 Budget v Actual Collections: February 2023 sales tax revenues totaled $1,283,697. This is an increase of $165,074 over the February 2023 estimates of $1,118,621. This is 14.76% above the adopted 2023 budget (based on a 3-year average). Page 2 of 9 FEBRUARY 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance February $1,118,621.48 $1,283,697.83 $165,076.35 14.76% 809,165.90 820,617.44 883,363.76 1,242,766.09 $1,283,697.83 1.42%7.65% 40.69%3.29% $300,000 $500,000 $700,000 $900,000 $1,100,000 $1,300,000 $1,500,000 2019 2020 2021 2022 2023 2019-2023 February Sales Tax Revenue Trend Page 3 of 9 Accommodation Tax: Revenues – February 2023: Accommodation tax revenues totaled $387,854 for the month of February. This is an increase of $29,593 or 8.26% compared to February 2022 accommodation tax revenues, which totaled $358,260. Accommodation tax collections by industry type for February 2023 compared to February 2022 reported an increase for Vacation Rentals and Hotel while Time Share were down. FEBRUARY 2022 v FEBRUARY 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY February 2022 February 2023 Increase/(Decrease) Timeshares $53,751.16 $52,885.28 ($865.88) Hotels $159,877.79 $175,955.26 $16,077.47 Vacation Rentals $144,631.93 $159,013.72 $14,381.79 TOTAL $358,260.88 $387,854.26 $29,593.38 February 2023 Budget v Actual Collections: February 2023 accommodation tax revenues totaled $387,854. This is an increase of $58,791 over the February 2023 estimates of $329,062. This is 17.87% over the adopted 2023 budget (based on a 3-year average). FEBRUARY 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance February $329,062.27 $387,854.26 $58,791.99 17.87% 203,190 217,070 154,288 358,261 387,854 6.83% -28.92% 132.20%8.26% $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2019 2020 2021 2022 2023 2019-2023 February Accommodation Tax Revenue Trend Page 4 of 9 Short Term Rental Tax: Revenues – February 2023: STR Tax for Community Housing totaled $178,046 for the month of February. This is an increase of $13,396 or 8.14% compared to February 2022. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. FEBRUARY 2022 v FEBRUARY 2023 STR TAX FOR CH COMPARISON BY INDUSTRY February 2022 February 2023 Increase/(Decrease) Timeshares $26,875.58 $26,442.65 ($432.93) Hotels $69,529.08 $75,045.83 $5,516.75 Vacation Rentals $68,245.09 $76,557.91 $8,312.82 TOTAL $164,649.75 $178,046.39 $13,396.64 Tobacco & Cigarette Tax: Revenues – February 2023: Tobacco tax revenues totaled $29,559 and cigarette tax revenues totaled $18,216 for February 2023. Compared to February 2022 revenues, this is an increase of $2,215 for tobacco tax revenues, which totaled $27,344 and an increase of $129 for cigarette tax revenues, which totaled $18,087. 21,145 12,213 25,322 27,344 29,560 -42.24% 107.34%7.99% 8.10% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2019 2020 2021 2022 2023 2019-2023 February Tobacco Tax Revenue Trend Page 5 of 9 February 2022 Adopted Budget v Actual Collections: February 2023 tobacco and cigarette tax revenues totaled $29,559 and $18,216, respectively. This is an increase of $4,821, over the February 2023 budget for tobacco tax, which is $24,738 and an increase of $637 over the February 2023 budget for cigarette tax estimates, which is $17,578 which is based on a 3-year average. FEBRUARY 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Tobacco $24,738.09 $29,559.72 $4,821.63 19.49% Cigarettes $17,578.84 $18,216.00 $637.16 3.62% Total $5,458.79 23,742 17,376 19,602 18,087 18,216 -26.81% 12.81% -7.73% 0.71% - 5,000 10,000 15,000 20,000 25,000 2019 2020 2021 2022 2023 2019-2023 February Cigarette Excise Tax Revenue Trend Page 6 of 9 Real Estate Transfer Tax: Revenues – March 2023: March 2023 real estate transfer tax totaled $279,653. Compared to March 2022, which totaled $448,621, this is a decrease of $168,968. This is a decrease of $115,997 over the March 2023 budget which was based on a 3-year average. MARCH 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $395,650.18 $279,653.06 ($115,997.12) (29.32%) $180,820 $113,350 $497,158 $448,621 $279,653 -37.31% 338.60% -9.76% -37.66% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2019 2020 2021 2022 2023 Real Estate Transfer Tax March Revenue Trends Page 7 of 9 Recreation Center Fees: Revenues – March 2023 Admissions & Program Fees: Recreation admission revenues for March 2023 totaled $111,326 an increase of $13,460 compared to March 2022 which totaled $97,866. This is $32,849 above the adopted 2023 budget estimates of $78,477. Recreation program fee revenues for March 2023 totaled $52,765.93. This is an increase of $13,585 compared to 2022, which totaled $39,180. This is $23,987 above the adopted 2023 budget estimates, which is $28,778 which is calculated based on a 3-year average. $27,281 $14,590 $15,320 $39,181 $52,766 -46.52% 5.01% 155.74% 34.67% $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 2019 2020 2021 2022 2023 Recreation Program Fees March Revenue Trends 78,825 34,641 34,869 97,867 111,327 -56.05% 0.66% 180.67% 13.75% - 20,000 40,000 60,000 80,000 100,000 120,000 2019 2020 2021 2022 2023 Recreation Admissions March 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 except for RETT reflect 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 $2,413,979.74 $2,570,520.65 $156,540.91 6.48% Acc. Tax $680,537.98 $736,250.63 $55,712.65 8.19% STR Tax for CH $312,932.01 $337,803.06 $24,871.05 7.95% Tobacco Tax $58,442.83 $62,751.61 $4,308.78 7.37% Cigarette Tax $36,126.00 $38,437.50 $2,311.50 6.40% RETT $1,489,020.25 $1,085,525.56 ($403,494.69) (27.10%) Rec Admissions $249,637.82 $311,632.67 $61,994.85 24.83% Rec Program Fees $76,631.31 $114,229.86 $37,598.55 49.06% 2023 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $2,232,137.55 $2,570,520.65 $338,383.10 15.16% Acc. Tax $624,092.34 $736,250.63 $112,158.29 17.97% STR Tax for CH $287,104.08 $337,803.06 $50,698.98 17.66% Tobacco Tax $53,454.92 $62,751.61 $9,296.69 17.39% Cigarette Tax $35,455.39 $38,437.50 $2,982.11 8.41% RETT $1,179,554.43 $1,085,525.56 ($94,028.87) (7.97%) Rec Admissions $247,174.74 $311,632.67 $64,457.93 26.08% Rec Program Fees $82,773.45 $114,229.86 $31,456.41 38.00% Page 9 of 9 EXPENDITURES: MARCH 2023 General Fund YTD Actuals v 2023 Budget: General Fund expenditures through March 2023 total $5,054,755.30 which is 21.02% 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 March 2023 total $441,109.13 which is 11.79% 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 March 2023 total $269,811.62 which is 9.06% 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 March 2023 total $252,003.77 which is 1.41% of the total adopted budget. These expenditures were made up of primary design fees for the month. Thank you, Dean 970-748-4069 cfackler@avon.org TO: Honorable Mayor Phillips and Council members FROM: Carly Elena Fackler, Accountant RE: 4th Quarter RETT Sales and Exemption Report - Amended DATE: January 12th, 2023 SUMMARY: The 4th quarter of 2022 has generated lower RETT revenues compared to prior years. While there has been a significant amount of revenue generated through RETT, five primary exemptions were applied for in the 4th quarter of 2022. There were three Mi Casa applications approved in the 4th quarter of 2022. There was one primary exemption from 2021 that was disqualified and paid back by the homeowner due to being unable to prove primary residence. BACKGROUND: Prior to 2020, section 17 and 18 were the only primary residence exemptions available to buyers in Avon. In 2019, Council adopted Ordinance 19-05 which provides a 3rd primary residence RETT exemption. Under this new exemption, purchasers may apply for an exemption up to $240,000 of consideration paid, or up to $4,800 in RETT Relief. There are new conditions which must be met in order to qualify for section 19, which are highlighted Attachment A, SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS. In 2021, Mi Casa was approved to provide $900,000 in funds to qualifying participants. Of the $900,000 approved, $847,222 was contributed by the Town for 13 properties. In 2022, Council approved $1,200,000 in funds for Mi Casa with the goal to provide financial assistance for 16-20 homebuyers in 2022. This is an increase of $300,000, compared to 2021. ANALYSIS: RETT Exemptions Granted 2020 – 2022 In 2022, 5 primary residence exemptions were granted in the 4th quarter. This is a decrease of 8 exemptions granted in the 4th quarter of 2021 and a decrease of 5 exemptions granted in the 4th quarter of 2020. In the 4th quarter of 2022, $16,000 was granted in RETT Relief, which is $28,500 less than 2021, which granted $44,500, and $20,400 less than 2020, which granted $36,400. RETT Exemptions Granted 4th Quarter Trend Type Of Exemption 2020 2021 2022 Section (17) 7 9 5 Section (18) 0 2 0 Section (19) 3 2 0 Total 10 13 5 Page 2 of 3 4th Quarter Primary Residence Exemptions Granted Month Avon Neighborhood Purchase Price of Property Exemption Section Amount Exempt October Nottingham Road/Northside $555,000 17 $3,200 October East Avon $729,900 17 $3,200 November West Avon $675,000 17 $3,200 December Wildridge $975,000 17 $3,200 December Wildridge $927,000 17 $3,200 Total 5 $16,000 4th Quarter Activity Actual RETT revenue for the 4th quarter of 2022 totaled $1,696,915. This correlates to a total of $85 million in property sales. Total RETT Activity - 4th Quarter 2022 October November December Total RETT Revenue $712,882 $274,257 $709,776 Total Exemptions $6,400 $3,200 $6,400 Total RETT $719,282 $277,457 $716,176 Total Sales $35,964,114 $13,872,834 $35,808,800 36,400 44,500 16,000 18.20% -178.13% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 50,000 2020 2021 2022 4th Quarter RETT Relief Granted Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, October, November and December RETT revenues all reflect a negative variance of -18.84%, -53.92%, and -45.51% respectively. 3-Year Average RETT Revenue Trend 2020-2022 October November December Total RETT Revenue $878,412 $595,111 $1,302,661 Total Exemptions $8,533 $12,033 $11,733 Total RETT $886,945 $607,144 $1,314,394 Total Sales $44,347,250 $30,357,200 $65,719,700 % Variance -18.84% -53.92% -45.51% Thank you, Carly Elena Fackler ATTACHMENT A: SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Lien Yes Yes Yes 970-748-4069 cfackler@avon.org TO: Honorable Mayor Phillips and Council members FROM: Carly Elena Fackler, Accountant RE: 1st Quarter RETT Sales and Exemption Report DATE: April 7th, 2023 SUMMARY: The 1st quarter of 2023 has generated lower RETT revenues compared to prior years. While there has been a significant amount of revenues generated through RETT, three primary exemptions were applied for in the 1st quarter of 2023. There were zero Mi Casa applications approved in the 1st quarter of 2023. BACKGROUND: Prior to 2020, section 17 and 18 were the only primary residence exemptions available to buyers in Avon. On November 12th, 2019, Council adopted Ordinance 19-05 which provides a 3rd primary residence RETT exemption. Under this new exemption, purchasers may apply for an exemption up to $240,000 of consideration paid, or up to $4,800 in RETT Relief. There are new conditions which must be met in order to qualify for section 19, which are shown in Attachment A, SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS. In 2021, Mi Casa was approved to provide $900,000 in funds to qualifying participants. Of the $900,000 approved, $847,222 was contributed by the Town for 13 properties. In 2022, Council approved $1,200,000 in funds for Mi Casa with the goal to provide financial assistance for 16-20 homebuyers in 2022. This is an increase of $300,000, compared to 2021. In 2023, Council again approved $1,200,000 in funds for Mi Casa. There were $273,758 total carryover funds from 2022, for a total of $1,473,758 in funds for 2023. ANALYSIS: RETT Exemptions Granted 2021 – 2023 In 2023, three primary residence exemptions were granted in the 1st quarter. This is a decrease of 2 exemptions granted in the 1st quarter of 2022 and equal to exemptions granted in the 1st quarter of 2021. In the 1st quarter of 2023, $9,600 was granted in RETT Relief, which is $6,400 less than 2022, which granted $16,000, and $3,200 less than 2021, which granted $12,800. RETT Exemptions Granted 1st Quarter Trend Type Of Exemption 2021 2022 2023 Section (17) 1 5 3 Section (18) 0 0 0 Section (19) 2 0 0 Total 3 5 3 Page 2 of 3 1st Quarter Primary Residence Exemptions Granted Month Avon Neighborhood Purchase Price of Property Exemption Section Amount Exempt January Nottingham Road/Northside $860,000 17 $3,200 January Wildridge $1,275,000 17 $3,200 February Wildridge $2,195,000 17 $3,200 Total 3 $9,600 1st Quarter Activity Actual RETT revenue for the 1st quarter of 2023 totaled $886,757. This correlates to a total of $45 million in property sales. Total RETT Activity - 1st Quarter 2023 January February March Total RETT Revenue $185,500 $456,870 $244,387 Total Exemptions $6,400 $3,200 $0 Total RETT $191,900 $460,070 $244,387 Total Sales $9,595,000 $23,003,500 $12,219,350 12,800 16,000 9,600 20.00% -66.67% - 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 2021 2022 2023 1st Quarter RETT Relief Granted Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, January, February and March RETT revenues all reflect a negative variance of -0.23%, -19.69%, and -38.40% respectively. 3-Year Average RETT Revenue Trend 2021-2023 January February March Total RETT Revenue $185,923 $568,895 $396,722 Total Exemptions $6,400 $2,133 $4,267 Total RETT $192,323 $571,028 $400,989 Total Sales $9,616,150 $28,551,400 $20,049,450 % Variance -0.23% -19.69% -38.40% RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for Council. Thank you, Carly Elena Fackler ATTACHMENT A: SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Lien Yes Yes Yes 970-748-4083 clin@avon.org TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Bi-monthly Sustainability Updates DATE: April 14, 2023 SUMMARY: This report provides an update for Sustainability and Climate Action initiatives at the Town of Avon within the timeframe of March to April 2023. No action is required by Council. BACKGROUND: At the Budget Retreat on October 28, 2022, Council approved the 2023 Climate Action & Sustainability Programs (ATTACHMENT A) consisting of 15 official goals. Staff have been consistently working on these goals, as well as advancing other sustainability projects that are important parts of the Town of Avon’s overall sustainability effort. These goals and projects are listed in the table below with their respective progress updates. It is important to note the progress made is the result of the collaborative efforts of many TOA staff. SUSTAINABILITY UPDATES: 2023 Goals and Programs What this goal accomplishes Progress March – April 2023 1. Building Benchmarking Understand Building Benchmarking programs & establish Town of Avon’s own program. • On April 11, 2023, a written report “Energy Use for Town” was provided to Council on the energy-use for the Town of Avon buildings and operations, with relevant energy-use patterns, trends and GHG emissions. • Staff continues the benchmarking process and the evaluation and piloting of benchmarking software. 2. Recycling Ordinance & accompanying educational campaign Implement Ordinance 22-13 • The “Recycling Colorado” campaign continues with weekly social media posts and video series. • The education campaign has been nominated for the “Outstanding Outreach Award” at the annual conference of Recycle Colorado. • Staff has finished compiling roughly 2/3 of the contact information for multi-family properties, including contacts from HOAs and property managers. During this process, staff have also been able to speak to many multi-family properties and understand their needs for education and support. • Revamped the content and layout of Avon’s Recycling web pages; the update will take place during the week of April 17th. • A mini presentation of Sustainability Videos was presented to the Council on March 28th. 3. Sustainability Education & Marketing Increase awareness, support and implementation of Sustainability programs and policies • The recycling outreach video for Avon’s Special Event was finished; the official release and posting will occur during the week of April 17th. • For the other climate action, a preliminary website plan has been created. • The update of the recycling pages will be the first step in revamping Avon’s sustainability education and outreach content. Page 2 of 5 4. Avon GHG inventory Identify the possible extent of Avon’s GHG baseline in order to measure GHG reduction and effectiveness of Climate Action programs and policies • The Town of Avon has contracted with ICLEI, Local Governments for Sustainability USA Inc. to create Avon’s GHG baseline inventory (2019) and a comparison inventory (2022). A 2014 inventory based on existing County data will also be worked on, although it is expected to be less accurate than the 2019 inventory. • The work officially begins on May 1, 2023; however, staff has been able to get a head-start in mid-April. The current task is to prepare data-request sheets to be sent out to various data holders in Eagle County. 5. Fleet Conversion to Electric and Hybrid Vehicles Reduces GHG emissions from Avon’s fleet • A work session and written report is scheduled for Council on April 25. This work session discussed Avon’s current status of EV transition, our future plan of transition in the next 5 years and the associated cost and GHG reduction associated with this transition. • This goal will be complete after the April 25 work session. 6. E-Bike Incentive Program Promote increased use of e-bikes • A work session with Council was completed on March 14. • Rebates doubled and program restrictions were amended to include online purchases. These amendments are set until further notice. • This goal has been completed. 7. Research Net Zero Communities Understand the lifestyle, regulations, and investments of Net Zero Communities • This goal has been completed on February 14, 2023. 8. Climate Action Investment Matrix Assists with understanding return on investment for Climate Action programs • Staff continue to add climate action related expenses and tracking to our current Matrix. • The Town has reviewed a proposal from Lotus Sustainability & Engineering regarding improving our current Matrix – this work will likely take place in 2024, after our GHG inventories have been completed. 9. Vehicle Idling Prevention Education Promote awareness and support to minimize vehicle idling • Plans have been made to work with business owners with parking lots in the Avon town core; no further steps have taken within March and April 2023. 10. Develop a program to promote electrification and reduction of Break down the inventory of all buildings to make appropriate recommendation for • With progress made in Goal #1, Building Benchmarking, Staff aims to research electrification roadmap, project examples to proposal an electrification program for The Aspens mobile home in Avon. Page 3 of 5 energy use of existing buildings electrification based on benchmarking data. This contributes to the Net Zero Housing goal. 11. Double PuRE registration rate Involve more Avon residents and businesses to use renewable energy, which contributes to the Net Zero Housing goal. • Staff have planned a series of collaborations with Holy Cross Energy to promote PuRE registration. • The goal of PuRE registration for 2023 is adding 309 new accounts. • The first event, called “Brats and Kilowatts” took place at Ein Prosit restaurant on March 29th. Specific event outcome will be reported as soon as we receive it. 12. Sustainability Marketing Program Improve community wide awareness and support for sustainability goals and programs • Similar to what was described in Goal #3, Staff’s focus so far has been on revamping our website so that it is ready for marketing. • A new social media advertisement strategy for outreach and awareness is in discussion. 13. Biochar Pilot Project Create biochar material from organic wood waste in Avon and integrate as a soil amendment on a small pilot project scale. Research and propose options for expanding biochar production for 2024. • This project is postponed until 2024. • The Christmas trees collected at the beginning of 2023 has been sent to be chipped and composted at the Eagle County Landfill. 14. Composting Program Develop options with identified costs for a community wide composting program, or initial pilot project, to be implemented in 2024. • Staff is actively working on the USDA Composting and Food Waste Reduction (CFWR) Pilot Project grant application. • The grant is to support our idea of creating a restaurant composting program to divert food waste from the landfill, generate valuable compost, and reduce GHG emissions. • The Town of Vail has officially signed up as an application partner, and we will be reaching out to hopefully engage other supporting partners such as Beaver Creek, Evergreen Zerowaste, Vail Honeywagon, and Walking Mountains Science Center. • The application deadline is June 15, 2023. 15. Long Range Planning for Micro-Transit Identify alternatives to traditional transit that can serve communities not on existing transit lines and which reduces single • No update since the February report – “Planning to begin this after the busy winter season at the Mobility department.”. • As the end of the season is set to be the end of April, Staff will reconvene and work on this goal in May. Page 4 of 5 occupancy vehicle trips Other Sustainability Projects & Updates Sustainability Projects What this project accomplishes Progress January – February 2023 1. Employee Carpool Program Understand Building Benchmarking programs & establish Town of Avon’s own program. • The first and the second rounds of employee carpool tracking sheets were successfully collected and recorded in March and April 2023. • There are currently 5 carpool teams consisting of a total of 11 employees. 2. Sustainability for National Night Out and other PD events Make sure that sustainability efforts and the Recycling Ordinance is implemented in all public-facing Avon activities. • There is no update since the original communication between Sustainability, Special Events and PD since February 2023. • The first major event that PD would need to be ready for with the new sustainability set up would be National Night Out on August 1, 2023. Sustainability will make sure to work with PD diligently to be ready for National Night Out. 3. Recycling curriculum for elementary school and summer camps Make sure that the Recycling Ordinance is implemented in all public-facing Avon activities. • Staff has scheduled special trainings designed for kids attending the summer camps at the Avon Recreation Center. • There will also be a new round of Staff training for summer staff. • Both sets of training courses will take place in June. 5. Sustainability grants program Establish a consistent and comprehensive grants program to advance climate action across departments. • Staff were successful in receiving Colorado Water Conservation Board (CWCB)’s Colorado Water Plan Grants for us to redesign our irrigation system at Nottingham Park. • Staff were unsuccessful with the Colorado Department of Public Health and Environment’s Recycling Resources Economic Opportunity (RREO) grant. Staff will revise the application based on the feedback we receive and reapply in 2024. • Staff is actively working on an application for the USDA CFWR grant as discussed in Goal #14 above. 6. Net Zero Building Expo Share expertise on Net Zero development with the Eagle • The status of this project is the same as the February report – “The next Net Zero Building Expo has been planned to be on April 6, 2024 in order to match with the schedules of contractors and developers and encourage their attendance.” Page 5 of 5 County community. 7. Recycling video for Avon events Promote recycling knowledge and awareness to all visitors and locals that attend Avon events. • This task is complete. 8. Sustainability Fair Expand on the annual “Avon Town Clean Up” event with additional sustainability activities and vendor exhibitions. • The Town will be hosting a Town Clean up & Sustainability Fair on May 24. The event includes activities and booths such as: o Town clean up. o Free electronic waste recycling. o Energy Smart assessment and rebates. o Waste haulers for recycling and composting. o Home Depot electric lawn mower & equipment demo. o Water conservation. o Recycling ordinance education. o Landscape ordinance and noxious weed education & free giveaway of water-wise grass seeds. o E-bike testing and rebate. o EV (Volkswagon ID4) demo. o Banner bag sale. o Free brats and beer for participants. • The poster of the event is provided in Attachment B. Thank you, Charlotte ATTACHMENT A: Report - Budget Retreat: Climate Action & Sustainability Program ATTACHMENT B: Sustainability Fair poster 970-748-4083 clin@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator and Eric Heil, Town Manager RE: Budget Retreat: Climate Action & Sustainability Programs DATE: October 21, 2022 SUMMARY: This report presents the proposed budget for the Town of Avon sustainability goals and programs in 2023. Council provided direction in early 2022 that all Climate Action goals should be a Tier 1 priority for immediate focus. Town of Avon created the position Sustainability Coordinator in early 2022 to provide dedicated staffing to coordinate overall Climate Action goals and programs and to provide dedicated Staff focus on specific Sustainability goals and programs. The proposed Sustainability budget includes an increase from $20,300 in 2022 to $70,771 in 2023 to support the activities of the Sustainability Coordinator. Some existing expenses were moved into this Sustainability Budget. Many other expenses to Sustainability reside in other Departments (e.g. electric bus purchases in Mobility, debris flow hazard mitigation in Capital Improvements, etc.). The proposed 2023 Sustainability budget is a rough estimate of costs for certain activities. Many of these goals and programs are new, therefore, we expect actual costs to be refined as these programs are further developed. The expectation is that Staff will periodically update Council on all Sustainability goals and projects throughout the year. BACKGROUND: Sustainability programs are considered as activities that include Climate Action, Water Quality and Water Conservation and Resiliency. “Climate Action” is specifically focused on reducing greenhouse gas (“GHG”) emissions. Resiliency includes hazard mitigation and improvements to infrastructure to better withstand natural hazard events. An overview of proposed Climate Action strategies is set forth in the table on the following pages. Many of these strategies are multi-year and inter-departmental. The goals and programs for sustainability will involve Staff time beyond the Sustainability Coordinator, including General Government, the General Government Intern, Community Development, Fleet, Mobility and Operations. 2023 Sustainability Budget Books and Education $ 1,000 Feasibility Study for Composting $ 5,000 Printed Educational Materials (Recycling, Climate Action and other sustainability efforts) $15,000 Development of Marketing Content $12,500 Memberships (Actively Green, International Council for Local Environment, Recycle Colorado) $ 3,050 Events (PuRE Sign-Up, Sustainability Workshops) $10,000 Advertising $ 8,860 Eagle River Watershed Council $ 7,000 Video Production $ 6,600 Miscellaneous $ 1,761 TOTAL $70,771 Thank you, Charlotte and Eric ATTACHMENT A Page 2 of 4 2023 Goals and Programs What this goal accomplishes Simplified Work Plan in 2023 Financial Consideration Building Benchmarking Understand Building Benchmarking programs • Research and monitor State and municipal building benchmarking programs • Report on lessons learned from initial implementation • Determine goals and purpose for any local building benchmarking program • Develop recommendations for Avon Internal Staff work, no additional financial cost Recycling Ordinance Implement Ordinance 22-13 • Create information materials and conduct community outreach on requirements of Ord 22-13 to achieve implementation and compliance by Nov 1, 2023 Internal Staff work, design and printing of educational materials Sustainability Education & Marketing Increase awareness, support and implementation of Sustainability programs and policies • Develop and implement education materials and programs for Staff and for Avon community • Establish a robust marketing and communication workflow for all sustainability education. Staff to implement, cost of marketing included in sustainability marketing budget. More marketing budget ($5-10k; not in Attachment A) may be needed to reconstruct our websites. Avon GHG inventory Identify the possible extent of Avon’s GHG baseline in order to measure GHG reduction and effectiveness of Climate Action programs and policies • Engage consultant to develop Avon baseline. Budget proposed for consultant $10K – $15K (not included in Attachment A) Fleet Conversion to Electric and Hybrid Vehicles Reduces green house gas emissions from Avon’s fleet • Continue to purchase electric and hybrid vehicles Staff to implement, no additional financial cost other than electric vehicles may be more expensive than comparable fossil fuel and hybrid vehicles. E-Bike Incentive Program Promote increased use of e-bikes • Application process and administration is already Staff to support administration, Page 3 of 4 established. Council direction on eligibility is required appropriation of funds for rebates Research Net Zero Communities Understand the lifestyle, regulations, and investments of Net Zero Communities • Research and compile information on Net Zero Communities, prepare presentation to Council Staff to implement, no appropriation required Climate Action Investment Matrix Assists with understanding return on investment for Climate Action programs • Prepare and present Climate Action Investment Matrix in a format that can be regularly updated to reflect new investments Staff to implement, no appropriation required Vehicle Idling Prevention Education Promote awareness and support to minimize vehicle idling • Prepare and implement educational materials to reduce vehicle idling Staff to implement, cost of marketing included in sustainability marketing budget. Develop a program to promote electrification and reduction of energy use of existing buildings Break down the inventory of all buildings in order to make appropriate recommendation for electrification based on benchmarking data. This contributes to the Net Zero Housing goal. • Research programs in other communities to promote and implement energy reduction through electrification and building improvements • Research potential grants for building electrification and energy reduction • Development and propose program to promote electrification and energy reduction of existing buildings Collaborative effort between Sustainability and Community Development Grant Funding: Resilient and Efficient Codes Implementation (RECI) Staff to implement; no extra cost in 2023. Double PuRE registration rate Involve more Avon residents and businesses to use renewable energy, which contributes to the Net Zero Housing goal. • Determine existing number of PuRE registrants in Avon and identify target for end of 2023. • Design and launch a PuRE promotion campaign. Collaborate with Holy Cross on the promotion. • Conduct PuRE sign-up events to promote awareness and participation Sustainability Staff; assistance from Gen Gov Intern, $5,000 to support sign-up events Sustainability Marketing Program Improve community wide awareness and support for sustainability goals and programs • Develop a consistent content plan for social media, monthly newsletters and local media outlets such as the Vail Daily and radio stations. Staff to administer, costs included in marketing Page 4 of 4 Biochar Pilot Project Create biochar material from organic wood waste in Avon and integrate as a soil amendment on a small pilot project scale. Research and propose options for expanding biochar production for 2024. • Create 3-10 cubic yards of biochar as a pilot project, apply in 2-4 identified landscape areas • Research labs that can analyze and evaluate biochar quality and how effective the biochar is working. • Research long-term and Town-scale implementation of biochar. Nominal cost for pilot project. Staff can execute in-house. Composting Program Develop options with identified costs for a community wide composting program, or initial pilot project, to be implemented in 2024. • Review local and peer community composting programs. • Review service and potential programs with local waste haulers. • Evaluate options for a local composting operation to serve Avon versus a regional composting operation. • Prepare a concept composting program for Avon businesses with a focus on restaurants. • Conduct community outreach with residential users, restaurants and other Avon businesses to identify support and barriers to a community wide composting program Sustainability Staff, Gen Gov Intern. Feasibility study budgeted $5,000. Long Range Planning for Micro-Transit Identify alternatives to traditional transit that can serve communities not on existing transit lines and which reduces single occupancy vehicle trips • Mobility will solicit and review proposals from micro-transit providers and assist with identifying areas that may be potentially served with micro-transit Mobility Division will lead effort to research potential micro-transit service in Avon FOR MORE INFORAMTION VISIT AVON.ORG/TOWNCLEANUP MAY 24 | 4:30-7:30 | 1 Lake Street Thank you to our participating partners free beers & brats (while supplies last) SUSTAINABILITY EDUCATION & DEMOS Town Clean Up free electronic waste recycling Computers, printers, small appliances Avon Residents Only, Proof of Residency Required Please note: We do NOT accept large appliances or anything with refrigerant ATTACHMENT B 970-390-2014 ewilson@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Eva Wilson, Public Works Director RE: Debris Flow Mitigation Update DATE: April 14, 2023 SUMMARY: This report provides an update on Debris Flow mitigations in response to the July 22, 2021, Debris Flow Storm event. The heavy and intense storm event caused major damage and closed I-70 and Swift Gulch Rd for several hours. The storm event brought 0.8 to 2.5 inches of rain within an hour on the hillside north of I70. The subsequent runoff caused the largest water and mud flows seen in decades. Staff continues to work on mitigating the impacts of debris flow inundation. Beaver Bench Condo residents have requested the town provide them with temporary barriers to be located in front of their below-grade entryway. The Town has accommodated their request for the past two years. Effectiveness can not be verified. SUMMARY OF COMPLETED MITIGATION ACTIVITIES: • Clean-up began immediately. With ERWSD and contract support, all culverts and ditches on Avon Rd, Nottingham Rd, Wildwood Rd, Metcalf Rd, and Harry A. Nottingham Park were cleaned and sediment was hauled to the Landfill. The total cleanup cost was approximately $350,000 • Vacuum (Vac) trucks were not available for rent and the Eagle River Water and Sanitation District (ERWSD) donated the use of their vehicle. The Town ordered a Vac truck in 2022, but the delivery is delayed due to a nationwide shortage of chassis. The current estimated delivery date is Nov 2023. • Two studies have been conducted; a Storm Forensic/Climate Analysis and Flood Mitigation Study. o Storm analysis showed the July 22, 2021 storm Annual Exceedance Probability (AEP) was almost 0.1%. The commonly referred to 100-yr storm event has an AEP of 1% o Flood Mitigation Study identified two flood mitigation concepts estimated at $2M: • Sonnen Halde: $1.1M Page 2 of 2 o Replacing the culvert under Nottingham Road; Re-grading swales/parking lots; constructing berms, curbs, and gutters. • Beaver Bench: $900K o Re-grading swales/parking lots; constructing berms, curbs, and gutters • Grant submittals (Anticipated Award Announcement – Summer 2023): o Building Resilient Infrastructure and Communities (BRIC) grant o Hazard Mitigation Grant Program (HMGP) o Congressionally Directed Spending (CDS) grant Thank you, Eva 970-748-4113 jshoun@avon.org TO: Honorable Mayor Amy Philips and Council members FROM: Jim Shoun, Mobility Manager RE: 2023 E-Bike Share Program Expansion Update DATE: April 17, 2023 SUMMARY: This report provides an update on the 2023 Avon E-Bike Share Program’s expansion. The collaborative effort between Avon, Vail and the Eagle-Vail Metropolitan District was launched last summer, and the program has been popular. All three communities are budgeting for more hubs and e-bikes for 2023. Avon Mobility has budgeted $100,000 for the 2023 e-bikeshare program. The Edwards Metro District and Eagle County are joining the program to expand into Edwards. Minturn is interested in pursuing this program in 2024 when their bike path is complete. BACKGROUND: The e-bikeshare program is a collaboration between Avon, Vail and Eagle-Vail. The 2022 season ran from June 7 through October 31, with a total of 20 hubs and 90 electric bicycles (6 hubs and an average of 20 bikes in Avon). The Town of Avon contributed $50,000 toward the program in 2022. The Shift Bike program was well-used and exceeded expectations from partner communities and Drop Mobility, and led to a commitment to expand the program in all three partner communities. PROGRAM EXPANSION AND COSTS: The table below lays out the costs associated with the 2023 expansion. The group received an OIM (Office of Innovative Management) grant totaling $50,000.00 and will be split among the entities based on the prorated total paid. The 3 new Avon hubs will be located at the bus stops at Eaglebend Apartments, Buffalo Ridge Apartments and the park between Walmart and Home Depot. 2023 ESTIMATES: Drop Mobility estimates 2023 to total 27,000 rides in the valley. If the average of 3 miles per ride from 2022 holds, residents and guests would ride approximately 81,000 miles, reducing GHG emissions by 71,280 pounds or 32.33 metric tons. TIMELINE: Drop Mobility will be in Eagle County in early May to set up the hubs and have the bikes ready for a May 15 rollout. The bikes will be available until late October, weather permitting. The participating communities will begin marketing the project in early May. COUNCIL DIRECTION: This report is informational and no Council action is required. ATTACHMENTS: A. Avon hub map B. Pricing Schedule Thank you, Jim ATTACHMENT A: HUB LOCATIONS Same as 2022 1. Avon Station 2. Avon Rec Center 3. The Aspens Bus Stop 4. Nottingham Park Beach 5. ANB Bank 6. O’Neal Spur Park New For 2023 7. Buffalo Ridge West Bus Stop 8. Eaglebend North Bus Stop 9. Park between Walmart and Home Depot Traer Creek Attachment B: Program Pricing: The price schedule reflects the desire to inform users of the difference between e-bike share programs (commuting, errands, shorter rides) and e-bike rental programs (longer excursions, multi-day usage, recreation, etc.). Short trips, especially for locals, are relatively inexpensive. As the usage time grows, the ride becomes increasingly more expensive. Pricing has not changed from 2022.