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Finance Committee Meeting Materials - 5.20.2024SEPTEMBER 11, 2023 - FINANCE COMMITTEE MEETING AGENDA PAGE 1 | 1 FINANCE COMMITTEE MEETING AGENDA MONDAY, MAY 20, 2024 100 MIKAELA WAY, AVON CO 81620 1. ROLL CALL 2. APPROVAL OF J UNE 19, 2023 MINUTES 3. P UBLIC COMMENT [Public comments are limited to three (3) minutes. The speaker may be given an additional one (1) minute, which may be approved by a majority of the Committee.] 4. GENERAL UPDATE ON 2024 FINANCIALS 5. USE TAX (CHIEF FINANCIAL OFFICER PAUL REDMOND) 6. V ILLAGE (AT AVON ) (CHIEF FINANCIAL OFFICER PAUL REDMOND) 7. AVON DDA (CHIEF F INANCIAL OFFICER PAUL REDMOND ) 8. AVON H OUSING AUTHORITY (CHIEF FINANCIAL OFFICER PAUL REDMOND & TOWN MANAGER ERIC HEIL) 9. GOALS AND R OLES OF THE FINANCE COMMITTTEE 10. NEXT C OMMITTEE MEETING DATE 11. ADJOURNMENT FUTURE AGENDAS: 2025 BUDGET FINANCE COMMITTEE MEETING MONDAY, JUNE 19, 2023 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, June 19, 2023 1 | 2 1. ROLL CALL The meeting began at 5:22 p.m. PRESENT- Finance Committee Members: In person: Lisa Post, Craig Ferraro, John Widerman, Clark Rogers (virtually) and Terry Nolan (virtually) Town Council: Mayor Pro Tem Tamra Underwood and Councilor Rich Carroll Town Staff: Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Finance Director Scott Wright (virtually), incoming Finance Director Paul Redmond (virtually) ABSENT- Finance Committee Members: Steve Coyer, Dee Wisor, Markian Feduschak, and Linn Brooks 2. APPROVAL OF MAY 3, 2023 MINUTES Member Craig Ferraro moved to approve the minutes from the May 3, 2023 meeting and Councilor Rich Carroll seconded the motion. The motion passed unanimously by those present. 3. PUBLIC COMMENT There was no public comment. 4. STAFF UPDATES ON FINANCIAL RESULTS THROUGH APRIL (FINANCE MANAGER JOEL MCCRACKEN) There were no questions presented about the financial report. 5. PROPERTY TAX ANALYSIS (TOWN MANAGER ERIC HEIL) Town Manager Eric Heil delivered a presentation on the property tax analysis related to the formation of a Downtown Development Authority (DDA) in Avon. Discussion included a broad overview of the purpose and benefits of a DDA as well as a review of a number of components to creating the authority, as follows:  Proposed Boundary of the District (Boundary Map)  The development of the Downtown Develop Authority Plan and structure of the DDA Board  Description of Potential Projects that would benefit from the revenue collections including housing, public parking structures, recreation center expansion and street realignments (all FINANCE COMMITTEE MEETING MONDAY, JUNE 19, 2023 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, June 19, 2023 2 | 2 within the boundary).  Overview of the financial considerations related to tax increment financing  Impacts on Taxing Entities, i.e., Eagle County, Eagle County School District, Colorado Mountain College, Eagle River Fire Protection District, Eagle Valley Library, Eagle River Water & Sanitation District, etc.  Summary of the DDA in relation to the Village (at Avon) District,  Financial Modeling Projections of the DDA collections (an illustration only)  Special Election and Eligible Voters  Structure of Decision-making and Authority between Town Council and DDA  Timeline for DDA board appointments and revenue collections Town Manager Eric Heil noted the Town Council would review the ordinance on second reading (and Public Hearing) on Tuesday, June 27, 2023 for the formation of the DDA and setting of a Special Election for August 29, 2023. The schedule for meetings addressing the DDA are shown below: 6. NEXT COMMITTEE MEETING DATE The next meeting will be scheduled for September 11, 2023, at 5:00 p.m. in the Mount Holy Cross meeting room at Avon Town Hall. Future topics suggested for the meeting included: Financial Update on the Village (at Avon), Review of Capital Projects, Financing Options for funding community projects (housing). 7. ADJOURNMENT The meeting adjourned at 6:35 p.m. Respectfully Submitted by: Patty McKenny, Deputy Town Manager 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – April & March 2024 data DATE: May 10th, 2024 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for March 2024 and the recreation fees and real estate transfer tax revenues for April 2024. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for March revenues in 2024 and April 2024. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – March 2024: March sales tax revenues totaled $1,715,792. This is an increase of $100,071 or 6.19% compared to March 2023 sales tax revenue of $1,615,720. MARCH 2023 v MARCH 2024 SALES TAX COMPARISON BY INDUSTRY March 2023 March 2024 Increase/Decrease Home/Garden $102,015.31 $98,293.91 ($3,721.22) Grocery/Specialty/Health $237,966.81 $244,359.44 $6,392.63 Sporting Goods Retail/Rental $177,245.32 $197,592.78 $20,347.46 Miscellaneous Retail $70,726.25 $75,645.53 $4,919.28 Accommodations $339,938.40 $363,047.89 $23,109.49 Restaurants/Bars $247,204.72 $222,115.92 ($25,088.80) Other $33,415.34 $48,037.26 $14,621.92 Service Related $71,245.15 $102,304.64 $31,059.49 Liquor Stores $20,760.79 $18,557.04 ($2,203.75) E-Commerce Retail $71,804.03 $104,219.68 $32,415.65 Manufacturing/Wholesale $54,525.12 $103,023.48 $48,498.36 Construction Related Services $148,799.64 $103,762.06 ($45,037.58) Digital Media Suppliers/Sellers $21,376.77 $18,756.10 ($2,620.67) Commercial/Industrial Equipment $18,697.42 $16,077.03 ($2,620.39) Special Events $0.00 $0.00 $0.00 TOTAL $1,615,720.89 $1,715,792.76 $100,071.87 Page 2 of 11 Sales Tax: March 2024 Budget v Actual Collections: March 2024 sales tax revenues totaled $1,715,792. This is an increase of $48,349 over the March 2024 estimates of $1,667,443. This is 2.90% above the adopted 2024 budget (based on a 3-year average). MARCH 2024 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance March $1,667,443.41 $1,715,792.76 $48,349.35 6.19% 872,489.74 1,295,893.82 1,550,583.98 1,615,720.89 $1,715,792.76 48.53% 19.65% 4.20% 6.19% $300,000 $500,000 $700,000 $900,000 $1,100,000 $1,300,000 $1,500,000 $1,700,000 $1,900,000 $2,100,000 2020 2021 2022 2023 2024 2020-2024 March Sales Tax Revenue Trend Page 3 of 11 Accommodation Tax: Revenues – March 2024: Accommodation tax revenues totaled $358,870 for the month of March. This is an increase of $6,329.52 or 1.80% compared to March 2023 accommodation tax revenues, which totaled $352,541. Accommodation tax collections by industry type for March 2024 compared to March 2023 reported an increase for Hotels and Timeshares. MARCH 2023 v MARCH 2024 ACCOMMODATION TAX COMPARISON BY INDUSTRY March 2023 March 2024 Increase/(Decrease) Timeshares $53,795.92 $58,351.91 $4,555.99 Hotels $124,039.90 $160,807.21 $36,767.31 Vacation Rentals $174,705.39 $139,711.61 ($34,993.78) TOTAL $352,541.21 $358,870.73 $6,329.52 March 2024 Budget v Actual Collections: March 2024 accommodation tax revenues totaled $358,870. This is a decrease of $27,265 over the March 2024 estimates of $386,135. This is 7.06% below the adopted 2024 budget (based on a 3-year average). MARCH 2024 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance March $386,135.85 $358,870.73 ($27,265.12) (7.06%) 128,039 313,888 393,864 352,541 358,871 145.15% 25.48% -10.49% 1.80% $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2020 2021 2022 2023 2024 2020-2024 March Accommodation Tax Revenue Trend Page 4 of 11 Short Term Rental Tax for CH: Revenues – March 2024: STR Tax for Community Housing totaled $163,344 for the month of March. This is an increase of $3,234 or 2.02% compared to March 2023. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. MARCH 2023 v MARCH 2024 STR TAX FOR CH COMPARISON BY INDUSTRY March 2023 March 2024 Increase/(Decrease) Timeshares $26,897.97 $29,175.98 $2,277.99 Hotels $48,949.34 $68,010.17 $19,060.17 Vacation Rentals $84,262.83 $66,158.56 ($18,104.27) TOTAL $160,110.14 $163,344.69 $3,234.55 Tobacco & Cigarette Tax: Revenues – March 2024: Tobacco tax revenues totaled $30,046 and cigarette tax revenues totaled $19,401 for March 2024. Compared to March 2023 revenues, this is a decrease of $2,662 for tobacco tax revenues, which totaled $32,708 and a decrease of $198 for cigarette tax revenues, which totaled $19,599. 12,797 28,754 30,238 32,709 30,046 124.70%5.16% 8.17% -8.14% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2020 2021 2022 2023 2024 2020-2024 March Tobacco Tax Revenue Trend Page 5 of 11 March 2024 Adopted Budget v Actual Collections: March 2024 tobacco and cigarette tax revenues totaled $30,046 and $19,401, respectively. This is a decrease of $2,170, over the March 2024 budget for tobacco tax, which is $32,217 and a decrease of $827 over the March 2024 budget for cigarette tax estimates, which is $20,228 which is based on a 3-year average. MARCH 2024 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Tobacco $32,217.16 $30,046.37 ($2,170.79) (6.74%) Cigarettes $20,228.75 $19,401.00 ($827.75) (4.09%) Total ($2,998.54) 16,659 21,774 21,517 19,599 19,401 30.70% -1.18% -8.91%-1.01% - 5,000 10,000 15,000 20,000 25,000 2020 2021 2022 2023 2024 2020-2024 March Cigarette Excise Tax Revenue Trend Page 6 of 11 Real Estate Transfer Tax: Revenues – April 2024: April 2024 real estate transfer tax totaled $714,231. Compared to April 2023, which totaled $433,787, this is an increase of $280,443. This is an increase of $129,955 over the April 2024 budget which was based on a 3-year average. The favorable real estate transfer tax was primarily due to sales from the Frontgate project. APRIL 2024 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $584,275.43 $714,231.31 $129,955.88 22.24% $140,135 $477,177 $378,321 $433,787 $714,231 240.51% -20.72% 14.66% 64.65% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2020 2021 2022 2023 2024 Real Estate Transfer Tax April Revenue Trends Page 7 of 11 Recreation Center Fees: Revenues – April 2024 Admissions & Program Fees: Recreation admission revenues for April 2024 totaled $71,177 is a decrease of $10,172 compared to April 2023 which totaled $81,349. This is $6,740 above the adopted 2024 budget estimates of $64,436. Recreation program fee revenues for April 2024 totaled $24,726. This is a decrease of $1,213 compared to 2023, which totaled $25,940 This is $5,384 above the adopted 2024 budget estimates, which is $19,342 which is calculated based on a 3-year average. $2,153 $3,646 $26,280 $25,940 $24,727 69.38% 620.74% -1.29%-4.68% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 2020 2021 2022 2023 2024 Recreation Program Fees April Revenue Trends 1,437 34,168 66,815 81,349 71,177 2278.26% 95.55% 21.75% -12.50% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 2020 2021 2022 2023 2024 Recreation Admissions April Revenue Trends Page 8 of 11 Tax Revenue Comparison – 2023 v 2024: Accommodations Tax and STR Tax for CH are reporting a decrease for 2024 compared to 2023 along with Tobacco Tax and Rec Program fees. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2023 v Actual 2024: Accommodations Tax and STR for CH reflect an unfavorable variance over the 2024 budget. Total revenue for the YTD is reflecting a positive variance to the 2024 budget. Below is a table which reflects the dollar change and percentage variance. 2023 v 2024 YTD Revenue Comparison 2023 2024 Dollar Variance Percentage Variance Sales Tax $4,186,241.54 $4,208,364.44 $22,122.90 0.53% Acc. Tax $1,088,791.84 $960,108.25 ($128,683.59) (11.82%) STR Tax for CH $497,913.20 $444,352.04 ($53,561.16) (10.76%) Tobacco Tax $95,460.55 $95,065.35 ($395.20) (0.41%) Cigarette Tax $58,036.50 $58,296.00 $259.50 0.45% Rec Admissions $393,722.01 $415,789.50 $22,067.49 5.60% Rec Program Fees $140,910.48 $139,834.84 ($1,075.64) (0.76%) TOTAL $6,461,076.12 $6,321,810.42 ($139,265.70) (2.16%) 2024 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $4,204,179.65 $4,208,364.44 $4,184.79 0.10% Acc. Tax $1,010,443.41 $960,108.25 ($50,335.16) (4.98%) STR Tax for CH $487,380.88 $444,352.04 ($43,028.84) (8.83%) Tobacco Tax $94,685.14 $95,065.35 $380.21 0.40% Cigarette Tax $57,177.77 $58,296.00 $1,118.23 1.96% Rec Admissions $295,945.65 $415,789.50 $119,843.85 40.50% Rec Program Fees $104,410.55 $139,834.84 $35,424.29 33.93% TOTAL $6,254,223.05 $6,321,810.42 $67,587.37 1.07% Page 9 of 11 Real Estate Transfer Tax: Revenues YTD 2024 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $2,159,535.68 $3,254,069.02 $1,094,533.34 50.68% 2023 Actual 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $1,341,958.82 $3,254,069.02 $1,912,110.20 142.49% New and Renewed Business and STR Licenses – 2023 v 2024: The total number of 2024 business licenses issued through April was 250. This was down 31 licenses or 11.0% from March 2023. The total number of STR licenses issued through March was 80. Compared to March 2023 the STR licenses were down 24 licenses or 23.1%. 2024 v 2023 – Business and STR Licenses Period 1/1 – 4/30 2024 2023 License Variance Percentage Variance Business License - Vendor 242 267 (25) (9.4%) Business License – Fixed Location 64 66 (2) (3.0%) Business License – Home Occupation 17 17 0 0.0% Business License – Special Event 2 2 0 0.0% TOTAL BUSINESS LICENSES 325 352 (27) (7.7%) STR License 83 104 (21) (20.2%) Page 10 of 11 - 50.00 100.00 150.00 200.00 250.00 300.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -4/30 2022 2023 2024 0 20 40 60 80 100 120 STR License STR Licenses Issued 1/1 -4/30 2022 2023 2024 Page 11 of 11 EXPENDITURES: APRIL 2024 General Fund YTD Actuals v 2024 Budget: General Fund expenditures through April 2024 total $6,632,636 which is 25.2% 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 2024 Budget: Mobility Fund expenditures through April 2024 total $852,383 which is 23.68% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2024 Budget: Fleet Maintenance expenditures through April 2024 total $409,422 which is 18.78% 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 2024 Budget: The Capital Improvement expenditures through April 2024 total $556,377 which is 4.69% of the total adopted budget. These expenditures were made up of primarily West BC Blvd. street improvements project. Thank you, Dean 970.748.4088 predmond@avon.org TO: Finance Committee Members FROM: Paul Redmond, Chief Financial Officer RE: Work session: Use Tax Ballot Proposal for 2024 Election DATE: March 26, 2024 INTRODUCTION: This report was presented to the Avon Town Council at the March 26th meeting. During the meeting Staff requested direction from the Council. Town Staff was given permission to solicit community input prior to considering the Use tax for the November ballot. SUMMARY: The Town Council is asked to consider referring a revised ballot question about the collection of Use Tax on Construction Materials on projects greater than $50,000 to the November 5, 2024 Coordinated Election. The Use Tax question presented in November, 2023 failed to receive voter support. There was virtually no outreach conducted in 2023, the voter turn-out was low, and the ballot question did not propose a specific use for the Use Tax. Staff is proposing for Council consideration a revised Ballot Question that would dedicate the Use Tax revenues to Community Housing. Please note that Use Tax collection in the Village (at Avon) would be remitted to Traer Creek Metropolitan District for repayment of infrastructure debts in accordance with the Town’s existing tax credit obligations in the Village (at Avon) Development Agreement. Engaging the voter community early to share information and receive input is essential to determining consensus for a successful tax ballot question. Staff is requesting direction on whether to pursue next steps to work with the Avon voter community. The steps are described as follows: (1) April: Engage services to conduct voter polling in June (estimated cost $10K) (2) April and May: Commence voter outreach through direct mailer, Zen City platform on Avon website, and other Town means for sharing information. (estimated cost for direct mailer is $3K) (3) June: Include the potential Use Tax Ballot Question as policy questions on the Avon Community Survey (4) August: present polling results, Community Survey results and feedback on voter outreach to Council and determine whether to refer ballot question to November election through adoption of an Ordinance. BACKGROUND: Town Council has reviewed use tax proposals from 2021 to 2023. Voter polling in June 2022 showed support for the use tax, but the focus turned to the ballot measure and formation of the Regional Transportation Authority. The Town Council then referred the measure to the 2023 November election, but the question failed with almost 62% (691 votes) opposed and 38% (424 votes) in support. Per the 2023 ballot question, the revenues generated from the tax were to be spent for any municipal purpose since there were no restrictions to use of the revenues. The lack of Community Housing has been identified at a “crisis level” in the Eagle County region. The Town Council was presented with a list of potential sites for development of community housing on January 23, 2024, some sites owned by the Town and some by private ownership. With lack of community housing inventory and shortfalls of funding for community housing initiatives, this proposed use tax measure would help to reduce that gap. In addition, the current collection of the town’s sales tax is cumbersome, and the town remains at a disadvantage by not getting on the same playing field with adjacent communities who currently collect a use tax. There are many challenges in developing local community housing 970-748-4088 predmond@avon.org opportunities, but this proposal helps solve one of those with a permanent and dedicated funding source. CURRENT METHODOLOGY FOR THE COLLECTION OF SALES TAX ON BUILDING MATERIALS: The Town of Avon imposes a sales tax on building materials. However, the administrative burden of collection is extremely high and very ineffective. Most of the current collections of sales tax on construction materials is generated and remitted by local Avon and Eagle County retailers such as Home Depot, and Edwards Building Supply due to the fact they have established physical nexus with the Town of Avon. For example, when a purchase is made from Edwards Building Supply and the materials are to be delivered into Avon, the retailer will collect and remit Avon sales tax. The administrative burden (and headache for contractors and developers) comes from projects whereby the materials are purchased from outside Eagle County, or the State of Colorado Sales tax is not typically collected on these materials by the vendor. In these instances, sales tax would be due to the Town by either a general contractor or sub-contractor at the time the materials are delivered to the job site. However, tax is not typically remitted to the Town and Town staff has little or no knowledge of th e transactions taking place to follow-up with the contractor. Even if staff have the information, it is difficult to track down out-of-town contractors or have of leverage to require them to remit the taxes due. CONSTRUCTION MATERIALS USE TAX: A construction use tax is a form of use tax levied on building materials. The use tax is collected at the time a building permit is issued. The use tax amount is determined by multiplying the use tax rate by the cost of the building materials using a predetermined formula. A common method is to determine that the cost of building materials to be fifty percent (50%) of the total valuation of the construction project. The builder then provides the building permit to the materials supplier to prove that use tax has already been paid, and then is exempt from paying a corresponding municipal sales tax in other locations. The administrative burden of collection under a use tax methodology is greatly reduced. In addition, the Town could reconcile the final cost of a project versus the initial value placed on the project for permit purposes. VILLAGE AT AVON (TRAER CREEK METRO DISTRICT): The Consolidated Amended and Restated Annexation and Development Agreement (“CARADA”) specifically contemplates that the Town may, at some point, impose a use tax. In the event a use tax is imposed, a corresponding “use tax credit” will automatically be applied to any transaction subject to the use tax. The CARADA also contemplates that Traer Creek may impose a building materials fee if the Town imposes a use tax. The CARADA is silent as to whether the building materials fee must be used for the same purposes as the use tax. CARADA does provide the Town must coordinate with Traer Creek regarding the implementation of any use tax, so the Town will need to further explore the building materials fee with Traer Creek. Based on 1,835 remaining residential dwelling units (at 1,500 sq. ft. each) and 470,017 remaining commercial square footage left to be developed. At $500 per sq. ft. construction cost the total taxable value (50% of total construction value) is $805,629,250. Therefore, the potential use tax revenue generation in the Village (at Avon) is estimated to be in excess of $32 million using a 4% tax rate. Given the existing outstanding debt balance is approximately $76 million and the remaining Credit PIF Cap of $14 million, the additional use tax revenues would accelerate satisfaction of Town’s tax credit obligations. FINANCIAL CONSIDERATIONS: The timing of the remittance of a use tax versus actual sales tax collections on construction materials makes it difficult to compare fiscal years. However, an analysis of the past 5 years indicates the Town collected an average of $612,098 per year with 2023 collections at $920,902 representing almost 7% of total sales tax collections. 970-748-4088 predmond@avon.org Below is a chart comparing the sales tax collected on construction materials from the last 5 years compared to a use tax during the construction of Frontgate, One Riverfront, Dual Brand Hotel, Maverik and McGrady Acres. The chart shows if Avon had a Use Tax on construction materials the Town would have generated $1.4 million in additional tax revenue, or a 50% increase in revenue. The additional revenue generated from the Use Tax on construction materials would be used to fund Community Housing projects , including the ¡Mi Casa Avon! program. NOTE: The Sales Tax on construction materials for projects in the Village (at Avon) was remitted to Traer Creek Metropolitan District in accordance with the terms of the Village (at Avon) Development Agreement and Town’s tax credit obligations. The financial impact (i.e. decrease) to the Town of Avon General Fund is estimated to be approximately $300,000 per year. Roughly half of the revenue has been generated in the Village (at Avon) and therefore subject to the tax credit obligations. The contributions towards Community Housing with the Use Tax is very roughly estimated to be $450,000 per year on average (50% increase). TOWN MANAGER RECOMMENDATION: I recommend directing Staff to proceed with voter outreach on a potential Use Tax Ballot Question that is revised to dedicate the revenues to Community Housing. Each dedicated revenue source for Community Housing is important and essential to establish the financial resources to bring more Community Housing on-line faster. The portion of the Use Tax which would be applicable in the Village (at Avon) will require new development to contribute towards public infrastructure improvements as contemplated in the original Village (at Avon) Development Agreement and will accelerate the ultimate satisfaction of the Town’s tax credit obligations. 2023 was a low turn-out for Avon voters. 2024 is expected to be a high, if not highest, voter turnout for Avon. Tax questions typically do better with a high voter turnout and if the use of funds is specified for an important public purpose. REQUESTED DIRECTION: Staff seeks direction on whether to take next steps with community outreach, Community Survey questions and voter polling to determine community support for a revised Ballot Question proposing a Use Tax on Construction Materials. Thank you, Paul 46.66% - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 Construction Sales Tax Use Tax 2019-2023 Potential Use Tax on Construction Materials 970.748.4088 predmond@avon.org TO: Finance Committee Members FROM: Paul Redmond, Chief Financial Officer RE: Village (at Avon) DATE: May 15, 2024 SUMMARY: The Consolidated, Amended and Restated Annexation and Development Agreement (CARADA) was a result of the 2008 lawsuit which was settled in 2012, but the settlement documents were not finalized until 2014. The agreement is between the Town of Avon, Traer Creek Metropolitan District and Village at Avon Metropolitan District. The agreement allows for 2,400 residential units (500 must be for Affordable Housing) and 825,000 commercial square feet. Staff has been reviewing the financial documentation for the Traer Creek (TCMD) and Village at Avon Metropolitan Districts (VMD) regarding the credit PIF and allowable debt limits. This report will summarize some of the financial implications for the Town of Avon regarding the agreement. BACKGROUND: The CARADA allows for a credit PIF to be imposed to generate credit PIF revenues for TCMD and VMD to finance and construct capital projects and to repay District Debts. The Credit PIF allows TCMD to budget $450,000 annually for the operations and maintenance of the district. These credit PIF’s include the following: 1. 4% Sales Tax 2. 4% Lodging Tax 3. 2% Real Estate Transfer Tax 4. $4,000 per SFE Avon Water Tap Fees The cap amount for the Credit PIF $96,000,000 in total principal debt may be issued. The cap amounts consist of $52 million for the original amount of the TCMD bonds, $7.2 million water tank project, the net proceeds of past developer advances, net proceeds of supplemental bonds and capital projects the districts fund directly from the credit PIF revenues. Interest from Bonds and Developer Advances along with the Town of Avon Receivable and operating and maintenance costs do not account against the Cap. Per the agreement the deadline to issue the debt is January 1, 2040. The credit PIF’s or retail sales fee will remain in effect until the District’s Debts are repaid. FINANCIAL CONSIDERATIONS: The total retail sales fee (4% Sales Tax) collected in the Village of Avon is $84,288,460. Over the last five years the Retail Sales Fee has averaged approximately $5 million. Besides using the funds for operations and maintenance the remaining funds are transferred to the Districts Debt Service Fund to repay debt and the Capital Projects Fund. CARADA has prioritized several capital projects intending the majority of debt issued go toward public infrastructure. Over the Past 20 years the districts have collected tap fees of $1,359,650 and the total Real Estate Transfer of $303,024. 970-748-4088 predmond@avon.org Staff has calculated the remaining debt the districts may use against the $96 million cap to be $14,634,558. The breakdown of this is below: Total Retail Sales Fee Tap Fee Real Estate Transfer 2002 329,289.00 2003 1,996,044.00 145,639.00 2004 3,713,175.00 - 2005 3,873,512.00 2006 3,954,608.00 2007 5,504,972.00 21,385.00 2008 4,287,033.00 - 2009 3,522,646.00 - 2010 3,331,476.00 - 2011 3,357,287.00 2012 3,353,772.00 2013 3,439,225.00 2014 3,636,066.00 2015 3,722,441.00 2016 3,921,410.00 2017 4,073,697.00 2018 4,190,113.00 2019 4,290,129.00 129,282.00 2020 4,647,798.00 2021 4,572,760.00 2022 5,295,895.00 173,742.00 2023 5,604,400.81 863,337.00 84,288,459.81 1,359,650.00 303,024.00 Total 85,951,133.81 TCMD Retail Sales Fee Remaining amount of Debt that can be issued Total Debt that can be issued 96,000,000$ CARADA 6.2 (B) Series 2020 Bonds (52,100,000)$ CARADA 6.2 (B) (i) Water Tank Project (7,200,000)$ CARADA 6.2 (B) (ii) Past Developer Advances, Net Proceeds (12,047,736)$ CARADA 6.2 (B) (iii) Exhibit E Total Debt 24,652,264$ Additional Developer Advances (2020)(114,746)$ CARADA 6.2 (B) (iv) Additional Developer Advances (2021)(170,484)$ CARADA 6.2 (B) (iv) TCMD Contribution to Asphalt Overlay (126,667)$ CARADA 6.2 (B) (iv) Proceeds from Bond Refinance 2020 (9,605,810)$ CARADA 6.2 (B) (iv) Total Debt Remaining to be issued 14,634,558$ 970-748-4088 predmond@avon.org In 2023, the districts made a payment against the past developer advances in the amount of $9,077,575.70. The current breakdown of principal and interest on the debt is as follows: Thank you, Paul Year End 2023 Type Principal Rate Interest Remaining Term Developer advances 7,029,200.16 1.5% fixed 10,382,555.00 Indefinite Developer advances 1,541,784.00 1.5% fixed 194,645.00 Indefinite TOA 3,522,309.00 1.50%497,514.00 Indefinite Series 2020 Bonds 43,845,000.00 4.15 - 5% fixed 35,498,995.00 25 Years Payment made in 2023 to pay down Developer Debt. Principal 3,476,751.84 Interest 5,600,823.86 2023 Payment 9,077,575.70 970.748.4088 predmond@avon.org TO: Finance Committee Members FROM: Paul Redmond, Chief Financial Officer RE: Avon DDA DATE: May 17, 2024 SUMMARY: 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 shortage has 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, 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 the Avon Downtown Development Authority (DDA) 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 additional Community Housing will stabilize the local workforce and more easily allow 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 w ill 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 toget her 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. The establishment of the Avon Downtown Development Authority (DDA) Fund is used for the collection of DDA Property Taxes and associated expenses within the DDA. FINANCIAL CONSIDERATIONS: In 2023, the Eagle County Assessor’s office established assessed values of the Avon DDA as of December 1, 2022. This is based on the taxable assessed value of $726,020. The DDA will generate revenue through tax increment financing. Tax increment financing captures property taxes on future gains in real estate values. The total tax increment financing the Avon Downtown Development Authority is projected to generate in 2024 is $52,760. AVON STATION METROPOLITAN DISTRICT: The District was established to supply the necessary services of parking areas and/or structures, transportation, water, and wastewater mainlines, streets, bridges and other improvements needed for the area. 970-748-4088 predmond@avon.org CONFLUENCE METROPOLITAN DISTRICT: Confluence Metropolitan District was established to supply the necessary services of parking areas and/or structures, transportation, water, and wastewater mainlines, streets, bridges and other improvements needed for the area. Avon Station Metropolitan District joined with Confluence Metropolitan District in adopting an Amended and Restated Consolidated Service Plan in March 2006. Under this consolidated service plan, Confluence will be the “service district” and Avon Station will be the “financing district.” As such, Confluence Metropolitan District will be responsible for managing the construction and operation of facilities and improvements needed for the Avon Station area and Avon Station Metropolitan District will be respons ible for providing the funding and tax bases needed to support the financing plan for capital improvements. In 2024, Confluence Metropolitan District did not levy any mills for property taxes for 2023 to be paid in 2024. The Confluence Metropolitan District will not receive any rebates as they did not levy any mills. Avon Stations will use property tax revenues as they did levy 67.299 mills for general operating expenses and provided services. The total revenue generated tax increment will be approximately $33,812. The projected amount of tax increment to be rebated is projected for 2024 to be approximately $18,401 from the Avon Downtown Development tax increment. VILLAGE AT AVON METROPOLITAN DISTRICT: The district was established to provide financing for the construction of streets and safety control, water systems, sewer systems, parks and recreation facilities, safety protection, fire protection, transportation systems, television relay, mosquito con trol and the operation and maintenance of the district. Under the Consolidated Service Plan, the District is intended to be the Financing District related to Traer Creek Metropolitan District (Traer Creek) as the Service District for the development of the service area, which encompasses the area of both Districts. The District and Traer Creek operate under an intergovernmental agreement with the Town and a related Public Improvement Corporation. In 2024, The Village at Avon Metropolitan District will have revenues generated from tax increment revenues of approximately $12,316. The Village at Avon levied 16.503 mills for 2023 to be paid in 2024. The projected amount of TIF rebate from the Avon Downtown Development Authority is projected for 2024 to be approximately $2,797. AVON DDA COMMITTEE: The Avon DDA Committee has been tasked with the following the master planning goals to guide the project: Primary Goals: 1. Maximize the amount of Community Housing in both redevelopment sub -areas with a strong goal that a minimum of 50% of residential development in these sub -areas are Community Housing. 2. Describe and depict a road realignment for East Town Center that creates a “main street boulevard” between Roundabout 4 and the Chapel Place road access to Village (at Avon) 970-748-4088 predmond@avon.org Planning Area A, which includes bike lanes, on-street parking, general pedestrian sidewalks that support street level restaurants and retail, convenient transit stops, attractive landscaping and opportunities for public art, and which best serves the future traffic demands generated by redevelopment of East Avon Town Center and by full build -out of the Village (at Avon) Planning Areas A, B, C, D, E, and F. 3. Determine the capacity, location and optimum traffic access for the Avon branch of the United States Post Office, which may include one centralized facility or potential branch facilities. 4. Recognize the potential impacts of redevelopment on existing businesses, including but not limited to displacement, disruption and relocation of business operations, and identify strategies to minimize negative impacts to existing Avon businesses who may be affected by redevelopment. ATTACHMENT A: Assessed Valuation for the Avon DDA Thank you, Paul ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A ATTACHMENT A (970) 748-4055 predmond@avon.org TO: Finance Committee Members FROM: Paul Redmond, Town of Avon Chief Finance Officer RE: Avon Housing Authority DATE: May 17, 2024 BACKGROUND: In 1989 the Avon Town Council established the Avon Housing Authority. The housing authority is a separate governmental entity from the Town. The Avon Housing Authority has been quiet since the establishment. The first project the Avon Housing Authority was involved in was for the development of the Wildwood Townhomes in 1991. The development built 17 deed restricted units. The second project was the Buffalo Ridge Apartments. This project provided affordable housing for people of low to moderate income residing in the Town of Avon. In either 2001 or 2002, the developers of the project requested that the Authority agree to be admitted as a special limited partner in the underlying development entity (Buffalo Ridge II LLLP) to exempt the project from real property taxation. The Authority agreed to such a request. Subsequently, in 2020 the Authority’s 0.0025% interest in the LLLP was purchased for $1,500,000, with “monthly payments of 0.005% of the gross revenue of Buffalo Ridge” to be paid to the Town. POTENTIAL PROJECTS: Town staff is considering using the Avon Housing Authority for the following projects: Avondale Apartments – This project is designed for up to 48 total apartments on Lot 5, Village (at Avon), PF-1 (2.5 acres immediately east of Home Depot). An amendment to the Village (at Avon) Planned Unit Development (“PUD”) Guide is required to expressly allow employee housing on this parcel. This project would be owned by the Town of Avon and the permitted use would be limited to rental to governmental employees. The Town of Avon is a co-applicant with Traer Creek LLC. Town Staff and Traer Creek LLC are reviewing draft materials for this PUD Amendment. Town Staff and Traer Creek LLC anticipate that the review by the Avon Planning and Zoning Commission will commence in June. Slopeside – Council took action to rezone the 3.5 acre Slopeside area to Community Housing High Density-1. Staff has previously suggested that a Request for Proposal approach is likely to be the most efficient way for the Town solicits private developers to construct an apartment project to Town’s parameters. This approach was used by the Town of Vail for the West Middle Creek project and is currently being used by the State Land Board for Phase I of its project. The next step for this project would be for Staff to prepare a Draft Request for Proposal for Council review and direction. The Draft Request for Proposal would include a general vision and goal for this housing development, minimum architectural goals and requirements, a description or range of desired product type and the desired Area Median Income (“AMI”) level that is desired. Staff has assembled a considerable list of private housing developers who have indicated interest in developing Community Housing projects in the Town of Avon. Wildwood Annex – The Wildwood Annex is the three bay garage uphill and east of the Wildwood neighborhood. The permitted uses for this property include “municipal facilities”. Staff is ordering a site survey and soils tests to assist with conceptual plan design for 4 -8 townhomes. This development would be owned by the Town and would be made available to rent to Town of Avon employees as a municipal facility. Thank you, Paul