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TC Packet 02-13-2024_____________________________________________________________________________________ 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, February 13, 2024 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Swearing in of Detective Sergeant Hererra, Sergeant Gaspard, Detective Reno, and Officer Carlton (Chief of Police Greg Daly) 5.2. Chiefs Community Partnership Awards for Shop with a Cop (Chief of Police Greg Daly) 5.3. PUBLIC HEARING: Second Reading Ordinance No. 24-02 Adopting Amendments to Avon Comprehensive Plan to Designate Town Properties for Community Housing Use in the Future Land Use Map (Planning Manager Jena Skinner) 5.4. Discussion of 2024 Appointments to Boards and Commissions (Chief Administrative Officer Ineke de Jong) 5.5. Work Session: Council Direction regarding Letters of Support (Chief Administrative Officer Ineke de Jong and Town Manager Eric Heil) 5.6. Resolution 24-02 Approving Expenditures From Community Enhancement Fund (Chief Administrative Officer Ineke de Jong) 5.7. Notice of Award: Upper Buck Creek Road Asphalt Overlay Project (Project Engineer Jim Horsley) 6. MINUTES 6.1. Approval of January 23, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. February 6th Planning and Zoning Commission Meeting Abstract (Planner II Max Morgan) 7.2. 2024 Planning and Zoning Commission Meeting Schedule (Community Development Coordinator Emily Block) 7.3. Draft January 18 CASE Committee Meeting Minutes (Special Events Coordinator Chelsea van Winkle) 7.4. Quarterly RETT Report (Financial Analyst Chase Simmons) 7.5. Recent I-70 Coalition Advocacy (Public Works Director Eva Wilson) 7.6. Upper Eagle Regional Water Authority December 7, 2023 Meeting Summary (Mayor Pro Tem Tamra Underwood) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES _____________________________________________________________________________________ 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. 9. EXECUTIVE SESSION Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. 24-6-402(2)(e) regarding a potential concert opportunity (Town Manager Eric Heil and CASE Manager Danita Dempsey) 10. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Philips and Avon Town Council members FROM: Chief Greg Daly RE: Swearing in and Badge Pinning Ceremony for Detective Sergeant Hererra, Sergeant Gaspard, Detective Reno, and Officer Carlton DATE: February 13, 2024 Swearing In and Badge Pinning Ceremony Tonight, we will join Detective Sergeant Hererra, Sergeant Gaspard, Detective Reno, and Officer Carlton and their families as they take their oaths as Avon Police Department’s newest Detective Sergeant, Patrol Sergeant, Detective and Police Officer and receive their badges. Detective Sergeant Balmore “Bal” Hererra is a US Marine Corps veteran. He has served as a police officer for nearly twelve years. He was promoted to patrol sergeant in 2021. As an immigrant from Honduras, he is a native Spanish speaker and is culturally sensitive to the Latino culture. Sergeant Colleen Gaspard is a US Army veteran and has served as a police officer for over twelve years. Sergeant Gaspard is the first female sergeant in the over 40-year history of the Avon Police Department. And yes, about time! Detective Theresa Reno worked as a Detentions Deputy for ten years, four of which as a sergeant. She has worked as a police officer for nearly 3 years. She holds a master’s degree in public administration. Detective Reno is the first female detective at the Avon Police Department. Officer Michael Carlton was a youth and missions pastor for over eight years with the Mountain Life Calvary Chapel and was the Avon Police Department Chaplain for seven years. Officer Carlton graduated from the police academy in December 2023 and is currently in the Avon Police Department field training program. It is a long-standing tradition in the Law Enforcement profession that a Badge Pinning Ceremony is held upon completion of the Police Academy and then upon subsequent promotions. The badges are the visible signs of his or her role, responsibilities, authority, and trust within our community. Mayor Philips will preside over the swearing-in. The Oath of Office will be administered by Town Clerk Miguel Jauregui Casanueva. Detective Sergeant Hererra’s life partner Daniela Gonzalez will pin his badge. Sergeant Gaspard’s cousin Rachelle Blitch will pin her badge. Detective Reno’s husband John will pin her badge. Officer Carlton’s wife Sara will pin his badge. Congratulations to Detective Sergeant Hererra, Sergeant Gaspard, Detective Reno, and Officer Carlton. Thank you, Chief Greg Daly ### (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Phillips and Avon Town Council members FROM: Greg Daly, Chief of Police RE: Avon Police Department Chiefs Community Partnership Awards for the 2023 Shop with a Cop DATE: February 13, 2024 SUMMARY Honorable Mayor and Council, we are delighted to have the opportunity to present Chiefs Community Partnership Awards to community members, organizations, and businesses for their phenomenal support of our annual “Shop with a Cop” event that occurred on December 5, 2023. BACKGROUND For many years, the Avon Police Department has participated annually in Shop with a Cop with our other partner law enforcement agencies. In 2020 due to COVID and then in 2021 we decided to go it alone concentrating our efforts on our Avon children, picked by Principal Dana Harrison and her Staff at the Avon Elementary School. Vail PD and a separate collaboration of Eagle PD, Eagle County Sheriff’s Office and the Colorado State Patrol had their own individual events in their jurisdictions. It just made more sense to bring our Avon children to Walmart and then back to our local Westin Riverfront Resort, all in the Town of Avon. Shop with a Cop is an amazing community event, allowing the Avon Police Department/ Town of Avon another opportunity to serve our community and bring enormous joy to twenty-nine children and their families. It is another opportunity to foster trust relationships between our community and the men and women whose mission it is, to protect and serve. It takes a village, and the leader of that village was School Resource Officer Colleen Gaspard, recently promoted to Sergeant Gaspard. Sergeant Gaspard and her team raised over $11,000 in cash donations and in-kind services from community members. Additionally, she organized a bus from Avon Transit/ Mobility. She worked closely with Dana Harrison, Principal, and her Staff at Avon Elementary School. Avon PD Officers picked up and transported with the assistance of Avon Transit, the twenty-nine Avon Elementary children. The kids under the supervision of a Police Officer, PD Staff member, PD Volunteer, Avon Human Resources representative or a Firefighter from Eagle River Fire Avon Engine 11, got to spend $150 dollars on presents for their families and perhaps one for themselves. We have to remind the kids to buy at least one gift for themselves. After successful purchases, we drove over to the Westin Riverfront Resort to group wrap the presents. The kids had a delicious meal at the Westin Riverfront Resort and the desserts were once again donated by Foods of Vail. We had a surprise visit from Santa Claus. In addition, each family received a card containing a $150.00 gift card to Walmart (for Christmas dinner). The Avon Police Department has been successful in our “Shop with a Cop” activities because of the generous giving of local businesses and community members. This year, Chief Daly and his team are Page 2 of 2 again honored to recognize community members and several businesses in front of the Avon Town Council for their continued support and/or significant giving to our “Shop with a Cop” event. Tonight, we honor the following individuals and organizations. Not all the mentioned individuals or organizations can attend tonight but we will ensure that they receive an Avon Police Department Chiefs Partnership Award on behalf of the Town of Avon; Keely, Brian, and Kyle Mingham Holy Cross Energy Westin Riverfront Resort and Spa Foods of Vail- treats Walmart- staff for assisting in the chaos of a combined 100+ kids from the various departments We also recognize all of Avon PD Volunteer Coordinator Patty Peterson’s volunteers/neighbors that came and helped wrap presents with the children. Thank you, Chief Greg Daly # # # 970-748-4023 jskinner@avon.org Page 1 of 6 TO: Honorable Mayor Amy Phillips and Council Members FROM: Jena Skinner, AICP, Senior Planner RE: PUBLIC HEARING: SECOND READING Ordinance 24-02 CPA-23001 Comprehensive Plan Amendment DATE: February 9, 2024 SUMMARY: This report presents to Council (“Council”) for Second Reading of Ordinance 24-02 to adopt Comprehensive Plan Amendments (“Comp Plan”) that incorporate Community Housing language in the Comp Plan. Other updates include amendments to the Future Land Use Map (“FLUM”), designation of certain Town owned parcels as appropriate for Community Housing developments, and revisions to Districts (6, 8 and 12) within the Comp Plan. Council evaluated this report and materials for Ordinance 24-02 on January 9, 2024, and took action on January 23, 2024, to adopt First Reading of this Ordinance. This Comprehensive Plan Amendment application is submitted pursuant to the Avon Development Code and was prepared at the direction of Council. Council provided direction that Community Housing is the top priority for the Town of Avon. Council indicated a desire to strengthen the language of the Comp Plan and add more certainty for future Community Housing and clarify gateway areas of Avon that were found to be on lands targeted for Community Housing developments. This application was heard in conjunction with a related Code Text Amendment (CTA23002) for Ordinance 24-01 that creates Community Housing zone districts. Some of the language within this report discusses how these two applications relate with concern to goals, findings, and references. Second Reading of Ordinance 24-01 was approved at the January 23, 2024, Council meeting. OVERVIEW: The current, amended Avon Comprehensive Plan was adopted in 2021 and the Avon Community Housing Plan was adopted in 2021. Council provided direction to establish zone districts specific to Community Housing which would allow Council to establish appropriate density and building heights for housing development for specific parcels and locations. Updates to the Comp Plan are necessary so that the Comp Plan incorporates the new Community Housing zone districts and clearly designates in the FLUM where Community Housing use is appropriate. The proposed Comp Plan amendments including the following: • Future Land Use Map Designations. The future land use designation for two parcels owned by the Town will change from Public Facility to Community Housing, including the “Slope Side” area adjacent to Swift Gulch road and a portion of the East Avon Preserve. • Elevated Architectural Design. Comp Plan amendment language includes acknowledge that any development on Slope Side and East Avon Preserve is highly visible and should have an elevated level or architecture which represents the designed level of quality design and architecture in Avon. • Creation of Gateways. Comp Plan amendment language includes contemplation of entry monuments in Avon. • Other Comp Plan amendments. • General language supporting Community Housing projects. • The targeted use of Town-owned land for Community Housing projects. • Clarifying language guiding development in District 6 (e.g., gateway provisions), 8, and the introduction of District 12 East Avon Preserve. • Additional language reflecting current housing policy goals where necessary. CPA23001 – Comp Plan Amendment Community Housing February 1, 2024 Page 2 of 6 • Adding design recommendations to newly identified gateway areas. PLANNING & ZONING COMMMISSION REVIEW COMMENTS: The proposed Code Text Amendment and Comp Plan Amendment application was examined by PZC on Dec. 5, 2023. PZC had some general concerns about future potential projects and the code in general. The applications were continued to December 19, based on the following concerns (the following is a capture of the initial discussion): Comments from 12/5 • Future Land Use Map – The FLUM shows three new properties with Community Housing designation: Hidden Valley, East Avon, and Slopeside. Consider adding an overlay or some type of visual representation (e.g. cross-hatched) instilling additional Community Housing in the valley floor in areas that are shown as Mixed Use. • Parking Concerns – While not directly related to the Code Text Amendment or Comp Plan Amendment, reductions in parking for Community Housing projects should be reviewed with caution. • Table of Allowed Uses – There was a general discussion about the table, how it was developed, and if the absence of a ‘S’ or ‘P’ meant that a use was prohibited. PZC was invited to review the new Community Housing columns in more detail before the next hearing, and that further changes to the table that were not related to this CTA would be handled with forthcoming code amendment process. • Rail Corridor - The Comprehensive Plan should acknowledge the possibility of using the rail line for local transportation. • Demand on Public Services and Infrastructure – the Comp Plan review criteria that deal with potential increased impacts on services should be expanded. Perhaps explain the difference between the impact of these land use applications and future Community Housing projects. Community Housing projects will be reviewed on a case by case basis with analysis of impacts on public services. Changes to the code and/or Comp Plan by themselves is not impacting public services or infrastructure by themselves. Staff updated the report for First reading to clarify some of these concerns for the December 19th PZC meeting. PZC conducted a public hearing and took action unanimously to recommend approval of both the Code Text Amendments and Comprehensive Plan Amendments, including direction to Staff to add some additional uses to the proposed Community Housing zone districts in the AMC Table of Uses. PROCESS: Council directed Staff to submit an application to PZC with these amendments on October 10, 2023. PZC took formal action to recommend approval on December 19, 2023. First reading of Ordinance 24-02 was presented to Council on January 9, 2024, and continued to January 23, 2024, where First Reading was approved. STAFF ANALYSIS & REPORT PZC PUBLIC HEARING RECOMMENDATION December 5/23 December 19/23 TOWN COUNCIL ORDINANCE & PUBLIC HEARING January 9, 2024 January 23, 2024 February 13, 2024 TOWN COUNCIL INITIATION October 24, 2023 CPA23001 – Comp Plan Amendment Community Housing February 1, 2024 Page 3 of 6 PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on November 24, 2023 and Janaury 12, 2024. No public comments have been received. OPTIONS: Town Council has the following options with the Application: • Approve the application as drafted • Approve the application with changes • Continue the public hearing to a specific date • Recommend Denial, with findings DISCUSSION: Council is acutely aware of the difficiulties the workforce is experiencing in regards to housing. Whether it’s the need for housing (new units), or that our existing code does not recognize what design elements are needed or not necessary with certain types of housing (e.g., decreased parking or an increase in buidling heights), by having unique zone districts that aim to accommodate and or set the tone for housing Avon gains an additional tool to have in the toolbox. Using these zone districts also provide more certainty for parcels with Community Housing zoning, without compromising creative design potenital or limiting flexiblilty in new projects. By updating the Comp Plan to bring updated language into this document also increases consistency bewteen all of the main three documents (AMC, Comp Plan and the Avon Commuinty Housing Plan) used in the evaluation of planning applications. The new Comp Plan amendments also update the relitiveity of this 2017 document and other AMC updates. PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for CPA23001 (Comprehensive Plan Amendment). COMPREHENSIVE PLAN AMENDMENT: REVIEW CRITERIA. The Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Staff Response: This amendment does not affect areas of the Town that are not suitable for development, rather; the amendment more actively promotes a more effective use of Town lands for Community Housing, an essential public benefit to the community. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Response: This plan amendment does not affect infrastructure. All land use applications will still necessitate review by Staff prior to proceeding into construction, and all impacts will be examined at that time. This amendment simply updates Avon’s direction towards increasing Community Housing. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; CPA23001 – Comp Plan Amendment Community Housing February 1, 2024 Page 4 of 6 Staff Response: This amendment does not alter the boundaries of the Town for properties that have not been annexed. This amendment only affects existing parcels within town limits that have been included/planned for in capacity estimates for development. When a specific development application is proposed, impacts will be further assessed to see if any modifications would be necessary for service. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Response: Having Community Housing as a targeted land use supports this finding and ratifies that Community housing is an appropriate form of development. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Response: This amendment supports this finding as it reflects a recent endeavor to change the zoning of a Town-owned property to a general zone district without an accompanying development application for a specific Community Housing project (which was the intention of the Town when initiating the zone change). Council recognized that there should be Comprehensive Plan support for an appropriate zone district for Community Housing on the subject parcel for this endeavor; otherwise, it may result in unintentional consequences if the Community Housing project did not come to fruition, as the use of general zoning offered the potential for development beyond the intended Community Housing use. Having Community Housing zone districts and parcels identified as Community Housing on the Future Land Use map in the Comp Plan is a sounder approach to creating a parcel-ready Community Housing development solution. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Staff Response: Amending the Comp Plan is a compatible action to the recent code text amendment that added Community using zone districts to the AMC. Updating the Comp Plan supports and or allows both documents to correspond with each other, strengthening planning process and review of pending Community Housing projects. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: This amendment updates and clarifies current goals and policies of the Town of Avon. Updating both the Comp Plan and AMC keeps both documents relative and promotes the health, safety, and welfare of the Avon community. GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1), General Criteria, which provides criteria that are applicable to all development applications: (1) Review Criteria. The reviewing authority shall be Director when the Director has the authority to administratively approve a development application. The reviewing authority shall be the PZC and/or Town Council for all development applications which are subject to public hearing. The reviewing authority shall review development applications for compliance with CPA23001 – Comp Plan Amendment Community Housing February 1, 2024 Page 5 of 6 all relevant standards and criteria as set forth in the specific procedures for the particular application in this Development Code, as well as the following general criteria which shall apply to all development applications: (i) The development application is complete; (ii) The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; (iii) The development application complies with the goals and policies of the Avon Comprehensive Plan; and (iv) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: This Comp Plan Amendment is complete. Staff believes sufficient information exists to allow Council to review this application with the applicable review criteria. This Comp Plan Amendment application will not impact demands for public services or infrastructure because it is not a development application. The Comp Plan Amendment, in conjunction with the recent approval of the Community Housing zone districts will add tools and establishes greater intention for Community Housing on Town properties. This supports the existing development code while enhancing the Town’s tools in helping to focus on and improve Avon’s housing situation. Specific to (iv), the General Review Criteria provisions are geared towards development applications, to ensure that a new development plan will not injure or cause major disruptions for existing development. Amending the Future Land Use Map will not undermine or eliminate the need for zoning and actual development review. And of major importance, Avon’s infrastructure has been constructed under the assumption that all properties are maximized, which they are not, but, each “true” development application that results in construction will be reviewed on a micro-scale when they present themselves to further analyze and ensure that modifications to public services or infrastructure are warrented. A good example of when this happens is when a traffic analysis demands that add another lane is to added to a roadway if traffic is increased, etc. This Comp Plan Amendment will not result in construction and as such, does not affect impacts to services or infrastructure as an outcome. When an actual Community Housing project is applied for, Staff will once again, evaluate that project against these findings. RECOMMENDED FINDINGS: CPA23001: 1. The proposed amendments to the Comp Plan are compatible with the goals and policies of the entirety of the Avon Comprehensive Plan, as recognizing certain properties may be suitable for receiving Community Housing projects on Town owned lands does not alter this Plan’s general development intentions for Avon; 2. This amendment complies with the Review Criteria outlined in Section §7.16.030(c) of the Development Code, and offers increased support for Community Housing efforts and protections for Avon’s gateway area; CPA23001 – Comp Plan Amendment Community Housing February 1, 2024 Page 6 of 6 3. The proposed amendment bolsters the purpose statements of the Development Code in increasing its support for Community Housing; and 4. The proposed amendment promotes the health, safety, and welfare of the Avon Community by supporting working families and building a stable community with opportunities for families and young professionals. GENERAL CRITERIA FINDINGS: 1. The development applications are complete; 2. The development application provides sufficient information to allow the reviewing authority to determine that the development applications comply with the relevant review criteria; 3. The development applications comply with the goals and policies of the Avon Comprehensive Plan; and 4. The demand for public services or infrastructure exceeding current capacity does not require mitigation as there is no development application accompanying the Code Text Amendment or Comp Plan Amendment that results in a physical project that utilizes public services or infrastructure. PROPOSED MOTION FOR ORDINANCE 24-02: I move to approve Second Reading of Ordinance 24-02 Adopting Comprehensive Plan Amendments, based on §7.16.030, Comprehensive Plan Amendments and §7.16.010(f)(1) General Criteria (for an application), as presented and outlined in the Staff report.” Thank you, Jena ATTACHMENT A: Proposed Avon Comprehensive Plan Amendment ATTACHMENT B: Ordinance: 24-02 Land Use and Community Framework Future Land Use Plan The Future Land Use Plan establishes preferred development patterns by designating land use categories for specific geographical locations. Land use designations depicted on the land use map do not supersede the Town’s zoning districts and regulations and display general land use categories as a visual guide for the community based on the goals, objectives, and policies presented within this document. The Future Land Use Plan and its land use designations are illustrative only and do not represent zoning designations. "Community Housing" was added to the FLUM as a Future Land Use in 2024. At that time, the application of Community Housing 1 as a use was applied to Town-owned lands only; however, in all zone districts, except for PUDs, Community Housing is a permitted use and is strongly encouraged for any residential or mixed-use developments. The specific Community Housing Zone Districts (i.e., CHMD, CHHD 1 and 2, CHMU 1 and 2) are purposefully not designated in the FLUM with the intention that the appropriate and specific Community Housing Zone District necessary for implementation will occur at the time of zoning approval. The future determination of the appropriateness for which the Community Housing Zone District is to be applied will consider the desired adopted housing plans and strategies, the desired density and housing type, the economic conditions and financial resources, and the availability of infrastructure and transit. 1 Community Housing is defined in Avon Municipal Code §3.14.020 Definitions. ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS EXISTING FLUM PROPOSED FLUM ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS Goals and Policies A number of overarching goals and policies provide direction in the following community-wide topic areas: A. Built Form B. Land Uses C. Community Character D. Economic Development E. Housing F. Multi-modal Transportation & Parking G. Environment H. Parks, Recreation, Trails, and Open Space I. Public Services, Facilities, Utilities, and Government J. Regional Coordination Each topic area contains one or more goals and several specific policy objectives. Certain goals and policies are more specific and timely than others; however, all goals and policies contribute to the vision of the plan and its implementation. Finally, certain policies interrelate to several topic areas (such as policies that are relevant to both Land Use and Economic Development). E. Housing The Town of Avon seeks to build upon its long history as a high-amenity year-round resort community by adopting the 2021 Avon Community Housing Plan. The Avon Community Housing Plan sets forth specific goals and policies for developing additional Community Housing. Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Policy E.1.1: Establish policies and programs, which address housing needs that are attainable to different Area Median Income (AMI) ranges. Evaluate the mitigation rate required of development. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. Policy E.1.3: Provide attainable Community Hhousing through alternative means, including but not limited to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, use of grant funding, waiver of development and building fees, and public-private partnerships that reduce the price of units. Policy E.1.4: Integrate attainable Community Hhousing within large developments and throughout ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS Town. Policy E.1.5: Encourage “no net loss” of attainable Community Hhousing units in redevelopment. Policy E.1.6: Actively plan for Community Housing developments on Town-owned lands. Policy E.1.7: Encourage Community Housing development on non-Town-owned lands as primary developments, or as a significant component within developmets, whenever practicable. Goal E.2: Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Policy E.2.1: Place perpetual deed restrictions on all Town supported housing projects and enforce compliance. Policy E.2.2: Participate in a countywide down-payment assistance program. Policy E.2.3: Collaborate on joint housing studies and strategies. Policy E.2.4: Site Community attainable Hhousing with multi-modal transportation options and facilities, including bike and pedestrian paths. Policy E.2.5 Continue utilizing existing revenues dedicated for Community Housing and explore opportunities for additional revenues. Policy E.2.6 Explore opportunities for conversion of free market housing to increase stock of attainable Community Hhousing units. Policy E.2.7 Work with owners and associations of deed restricted properties to encourage maintenance and capital improvements of units and properties, including but not limited to evaluating deed restriction modifications, special improvement districts, and capital reserve studies. Policy E.2.8 Ensure that new deed restricted projects require capital improvement and ongoing maintenance reserves. Policy E.2.9 Expand Community Housing programs like ¡Mi Casa Avon! to capture affordable rental opportunities. ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS District Planning Principles While the Goals and Policies of this plan generally apply to all areas of the Town, the District Planning Principles apply specific planning and urban design recommendations to areas within the Town, stemming from community and landowners input, and existing development rights. Below is a map identifying the Districts. EXISTING DISTRICT MAP ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS PROPOSED DISTRICT MAP ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS District 6: Gulch Area District EXISTING DISTRICT 6 ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS PROPOSED DISTRICT 6 The Gulch Area District is located in runoff areas perpendicular to the Eagle River valley. It includes the Town’s only industrial (heavy commercial) center, dense residential development, the Public Works and Transportation Department facilities, a medical facility, and the Joint Public Safety building. These uses provide an important component to Avon’s overall economic health. The area’s high visibility from I-70 makes it important to the Town’s image, particularly, the north side of I-70 exit 167 as the Town’s westbound I-70 Gateway area. Existing uses on Nottingham and Metcalf Roads are intensely developed with large buildings and need improved investments in architecture and design, landscaping, access, and screening. The Town should work towards improved traffic safety and aesthetics, and support water-conscious landscape conversions. Live/ work or Community Housing development opportunities in the Light Industrial and Commercial zone district that do not possess significant conflicts with surrounding land uses should be encouraged. In response to the area’s high visibility from I-70, efforts have been made to screen the existing buildings and facilities and ensure that they blend into the surrounding environment. Future development should follow suit and incorporate these efforts similarly. ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS Planning Principles: • Development and redevelopment that occurs here should reflect the standards in Town Center, but should not compete with Town Center in terms of size of buildings or intensity of development. • Enhance the gateway areas of Avon centered around the I-70 Interchange and round-abouts. • Locate or shield unsightly accessory structures, infrastructure, and equipment so they are not visible from gateway areas (e.g. dumpsters, utility boxes). • Development proposed in these areas should trend towards balancing commercial and residential integration – especially on parcels with “walkable neighborhood” potential. • Screen equipment, storage, and accessory uses with landforms and water-conscious landscaping or no-water alternatives, as permitted in the Avon Municipal Code Landscaping provisions. • Limit Consider building heights and setbacks to be compatible with respect to with the existing existing surrounding development. • Encourage building at a scale that minimizes visibility from I-70. • Encourage sidewalks and pedestrian connections for publicly accessible developments. • Limit auto access points to simplify traffic movements. • Minimize significant re-grading and provide for proper minimum on-site parking and access. • Support a reduction of parking for walkable developments. • Require landscape setbacks and internal landscaping of parking lots. • Preserve trees and landscaping on properties where practicable. • Accommodate residential development that supports primary industrial, commercial, or employment-generating land uses. • Improve the intersection of Metcalf and Nottingham Roads to enhance the entry to Wildridge and provide more direct access from Town Center to Wildridge. • Develop Continue to improve pedestrian connections linking West Beaver Creek Boulevard to Nottingham Road and in gateway areas. • Coordinate with CDOT to introduce trees or creative alternatives on uphill slopes oin the I-70 right-of-way and along Metcalf Road to partially screen buildings and other accessory uses. • Enhance the West Avon Preserve trailhead. • Reduce development intensity when traveling north on Buck Creek Road. ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS District 6’s Gateway Parcel The west bound exist of I-70 at Avon Road is the vehicular primary entrance to Avon for residents and visitors. Special attention should be given to all design elements to create an attractive first impression of the Town of Avon. An entry monument sign with upscale design that incorporates contemporary mountain architecture, natural elements and other design elements which reflect Avon’s culture is appropriate. The entry monument sign should establish a sense of arrival to the Town of Avon. The architectural design of Community Housing on this site should be elevated to establish a strong example of Avon’s residential design standards and goals. Gateway Area Design Principles: • Exterior siding used in gateway areas should utilize stone, precast concrete or cast stone, with colors using a Light Reflective Value of sixty (60) or less for the foundation and for a majority of the first floor of a structure. • Use of reflective glass or materials are not appropriate for gateway areas. • Roofs should be pitched using materials that are highly fire resistant, with overhangs that offer visual relief and with gutters to protect both structures and pedestrians below from snow and water. • Unsightly mechanical equipment and items like dumpsters, parking, etc., should be screened from view from passersby in these visually sensitive areas. • Walls should incorporate horizontal and vertical articulation and architectural elements to break up massing and avoid design monotony. Landscape terracing is recommended where possible to provide more of a natural landform and softer visual appeal for these areas. • Projects should consider the massing and scale of existing neighborhood development and or maximum redevelopment potential, if underdeveloped, to ensure compatibility of design. ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS District 8: Open Space District EXISTING DISTRICT 8 ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS PROPOSED DISTRICT 8 Avon’s key open space is comprised of the steep slopes of the valley wall north of I-70. The West Avon Preserve includes 11 miles of trails added in 2015, and the East Avon Preserve is planned to include trails. Open space adjacent to town is owned by the U.S. Forest Service. These parcels are important to maintaining the desired character of Avon and for development consistent with the overall land use plan. Loss of these parcels to private ownership and development would eliminate valuable visual and physical buffers between and among developed areas of Town and would deprive citizens of open space and natural habitats. Planning Principles: • Pursue Town acquisition of parcels to be dedicated as open space by working with the local and national land conservation organizations. • Encourage maintained ownership of U.S. Forest Service by collaborating with the agency to improve, utilize, and maintain them as low-impact publicly accessible regions. • Communicate Avon’s values and desires with the U.S. Forest Service so that land swaps are unlikely to occur without approval from the Town. • Oppose any possible disposition or degradation of the parcels. • Participate in U.S. Forest Service planning efforts to ensure adequate development and long- term maintenance of trails and trailheads. • Support and cooperate in efforts to bury power lines. ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS District 12: East Avon District The East Avon District will be a Community Housing neighborhood connected to Wagon Trail Road and a multi-use path. The district enjoys extensive views and ample south-facing orientation for passive-solar-designed buildings. The district is also highly visible from I-70 and across the Eagle River Valley. The architectural design of Community Housing on this site should be elevated to demonstrate a strong example of Avon’s residential design standards and goals. The East Avon District will be connected to and integrated with a trail system on the adjacent District 8 trail system. Development may include a variety of Community Housing types for local workers. Planning Principles: • Orient buildings to capitalize on the southern exposure and views. • Limit building height to a scale that is compatible with the hillside. • Exterior siding in gateway areas should utilize stone, precast concrete, or cast stone, with colors using a Light Reflective Value of sixty (60) or less for the foundation and for a majority of the first floor of a structure. • Use of reflective glass or materials is not appropriate for gateway areas. • Roofs should be pitched using highly fire -resistant materials, with overhangs that offer visual relief and with gutters to protect both structures and pedestrians below from snow and water. ATTACHMENT A Exhibit A to Ordinance 24-02 COMPRHENSIVE PLAN AMENDMENTS • Unsightly mechanical equipment and items like dumpsters, etc., should be screened from view from passersby in these visually sensitive areas. • Walls should incorporate horizontal and vertical articulation and architectural elements to break up massing and avoid design monotony. Where possible, landscape terracing is recommended to provide more of a natural landscape and softer visual appeal for these areas. • Development should include pedestrian and bicycle connections to adjacent trail systems, and the United States Forest Service trails. • Encourage strategic and or creative placement and design of grading and landscaping to soften the visual impact of structures from I-70, and to reduce noise for residents. ATTACHMENT B Ord 24-02 Comp Plan Amendment: Community Housing Page 1 ORDINANCE 24-02 AMENDMENT OF THE AVON COMPREHENSIVE PLAN PLANNING AREA DISTRICT 6, THE FUTURE LAND USE MAP, AND LANGUAGE PERTAINING TO COMMUNITY HOUSING WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority, and privileges to which it is entitled under Colorado law; and WHEREAS, the Avon Town Council (“Council”) has the authority to adopt planning documents as described in Section 7.04.010 of the Avon Development Code; and WHEREAS, updates, revisions and amendments to the 2017 Avon Comprehensive Plan were presented to the Avon Planning and Zoning Commission in accordance with the procedures set forth in Section 7.16.030 – Comprehensive Plan Amendment; and WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on December 5th, 2023, and December 19th, 2023 prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence, and Town Staff reports, and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held a public hearing on January 9, 2024, January 23, 2024, and February 13, 2024, prior to taking final action considering all comments, testimony, evidence, and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, the purpose of this Amendment is to update and modify the Avon Comprehensive Plan affecting the Future Land Use Map, Section E. Housing, Districts 6 and 8, the creation of a new District 12, and updating language to increase considerations for Community Housing within this particular plan; and WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent with the Comprehensive Plan community goals in supporting Avon’s housing goals; and ATTACHMENT B Ord 24-02 Comp Plan Amendment: Community Housing Page 2 WHEREAS, the text amendments also promote the health, safety, and general welfare of the Avon community by providing the framework in creating new community housing projects; and WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing to provide the public an opportunity to present testimony and evidence regarding the Application, and, that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing on second reading. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Comprehensive Plan Amendments. The Avon Comprehensive Plan is hereby amended as depicted in “Exhibit A – Comprehensive Plan Amendments” depicting the language and graphics to be added. 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 has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. ATTACHMENT B Ord 24-02 Comp Plan Amendment: Community Housing Page 3 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. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on HEARING by the Avon Town Council on January 23, 2024, and setting such public hearing for February 13, 2024, 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 February 13, 2024. BY: ATTEST: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: Nina P. Williams, Town Attorney 970.748.4013 idejong@avon.org TO: Honorable Mayor Amy Phillips and Council FROM: Ineke de Jong, Chief Administrative Officer RE: Appointment to Boards & Commissions DATE: January 30, 2024 SUMMARY: Council typically reviews, discusses, and approves the board, committee, authority and other agency appointments at the first January meeting after the elections. At the request of Mayor Phillips and Mayor Pro Tem Underwood this item is back before Council to see if Council wishes to make any adjustments/revisits to the appointments and to discuss an appointment to the Vail Valley Art Guild Board of Directors. Downtown Development Authority (DDA): The Town Council elected, appointed and swore-in the Members of the Board of Directors of the DDA at the September 26, 2023, Council Meeting. You will see these appointments reflected in Attachment A on page 2. Vail Valley Art Guild (VVAG): On September 26, 2023, the Avon Town Council provided approval to enter into a Rent Support Agreement with the Vail Valley Art Guild (“VVAG”) providing $1,500 per month, and increasing 3.5% per year, financial contribution towards rent of the ground floor commercial space at the Seasons building. The Rent Agreement terms are January 1, 2024 through December 31, 2026. The Rent Support Agreement entails the VVAG Board of Directors “inviting and appointing” two individuals to the VVAG Board. To that end, Danita Dempsey, Culture, Arts & Special Events Manager, has received an invitation from Melissa McDonald, VVAG President, to join the Board. Staff is asking Town Council to consider formally appointing Danita Dempsey to the VVAG Board to one (1) of the two seats and appointing a Council member to take the other board seat. You will see these open seats reflected in Attachment A on page 5. PROPOSED MOTION: “I move to approve the revised appointments to Boards and Commissions as discussed by Council this evening effective February 13, 2024.” Thank you, Ineke ATTACHMENT A: Board, Committee, Authority and Other Agency Appointments. TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted February 28, 2023 For discussion February 13, 2024 Agency Description Council Assignments 2. 2024 Appointments to Boards and Commissions Draft(Discussion Feb 13, 2024) Page 1 Climate Action Collaborative The Town is a member of the Climate Action Collaborative and is one of about 30 local businesses, organizations, nonprofits and governments trying to address climate change by meeting the goals established in the Climate Action Plan for the Eagle County Community. The Climate Action Collaborative’s goal is to reduce carbon emissions 25% by 2025 and 80% by 2050. Every Other Month Meetings, 2nd Friday at 10am for 90 minutes. Appointment: Primary must be Elected, Alternate can be Staff Primary: LINDSAY HARDY Alternate: ERIC HEIL Colorado Association of Ski Towns (CAST) CAST members use the power of the coalition to seek support for legislation that will benefit and sustain the mountain communities. We support actions that keep our communities livable, protect our pristine environment, and promote community-based land use, mass transit, affordable housing, and sustainable tourism. Our goal is to foster growth that will ensure an exceptional quality of life for citizens and a positive experience for visitors. Voting representative on ski town consortium Quarterly Meeting Appointment: Must be Elected, appointment is only for purpose of casting vote and is not related to eligibility to attend CAST meetings Primary: AMY PHILLIPS Alternate: LINDSAY HARDY Colorado Communities for Climate Action (CC4CA) CC4CA is a coalition of local governments across the state that advocates for state and federal policies to protect Colorado’s climate for current and future generations. CC4CA is governed by a steering committee of representatives from member communities. Unanimous consent among members is required to set the coalition’s policy priorities. Sporadic Meetings Appointment: Elected or Staff Primary: LINDSAY HARDY Alternate: ERIC HEIL Colorado Municipal League Policy Committee The CML Policy Committee is a standing committee that develops the League's legislative program. The membership is composed of representatives from each member municipality, CML sections, and Appointment: Elected, Town Manager or Town Attorney Primary: TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted February 28, 2023 For discussion February 13, 2024 Agency Description Council Assignments 2. 2024 Appointments to Boards and Commissions Draft(Discussion Feb 13, 2024) Page 2 district presidents. Voting representative on policy matters before the State Legislature Quarterly Meeting (Denver CML Offices) KARL HANLON Culture, Arts & Special Events (CASE) Committee The Culture, Arts & Special Events (“CASE”) Committee was adopted by Resolution 19-12 in May 2019, to formalize and establish a permanent citizen committee after two years of an initial Ad Hoc Special Events Committee. The CASE Committee is composed of seven voting members and two Ex-Officio Non-Voting Council members appointed by Town Council. Monthly Meeting (Avon) Start Time typically 12:30 PM for 90 Minutes Two ex-officio non-voting members: Ex-Officio 1: RUTH STANLEY Ex-Officio 2: LINDSAY HARDY Downtown Development Authority (DDA) In August 2023 the voters approved the formation of the Avon Downtown Development Authority as a critical and visionary step to fund more community housing in Avon. A secondary purpose of the DDA is to provide additional funds for public improvements that benefit the health, vitality and success of the Avon commercial core. The DDA Board is composed of five (5) to eleven (11) board members including one (1) Council member (and an Alternate) appointed by Town Council. Every Other Month Meetings, First Monday at 3pm for 120 minutes. Appointment: Elected Primary: RICH CARROLL Alternate: CHICO THUON Eagle County Home Buyer Assistance Committee ("HBAC") Kim Williams: Eagle County Housing & Development Department The Eagle County Homebuyers Assistance Committee (HBAC) is a volunteer committee, who represents public and private entities throughout the valley. This is an advisory committee, to the Board of County Commissioners who, working closely with the Eagle County Housing Department, recommends policies regarding the Eagle County Home Buyers Assistance Programs and First Time Home Buyers Education Classes. Appointment: Elected or Staff Primary: RUTH STANLEY And JENA SKINNER TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted February 28, 2023 For discussion February 13, 2024 Agency Description Council Assignments 2. 2024 Appointments to Boards and Commissions Draft(Discussion Feb 13, 2024) Page 3 Quarterly Meetings Eagle County Regional Transportation Authority & Eagle County Regional Trails (ECO) Eagle Valley Transportation Authority A nine-member board of elected officials from the incorporated towns was established to develop operating policy. This board has since been reduced to eight members who represent the towns of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, Eagle County Government and Beaver Creek. The half-cent county sales tax is dedicated to funding regional transportation. One tenth of this tax goes toward funding the regional trails system. Town's voting representative on Eagle County's Transit & Trails Advisory Board. Monthly Meetings at 12:30 on 2nd Wednesday, 90-120 minutes Appointment: Elected Primary Representative: AMY PHILLIPS Alternate: RJ ANDRADE Eaglebend, Kayak Crossing & Buffalo Ridge Housing Corporations The management of the Corporation is accomplished through a Board of Directors (the "Board") which oversees administration, operations and maintenance of the Project. The board consists of 5 directors. The property is being managed by Polar Star Properties under an agreement with the Corporation. The present members of the Board are Gerald E. Flynn, Jeffery M. Spanel, Craig Ferraro, Megan Burch and Tamra Underwood (she holds a citizen seat, not Avon’s appointed seat). Quarterly Meetings (half day) Appointment: Elected or Appointed Town Council also must approve other board member appointments when a vacancy occurs. Primary: ERIC HEIL Alternate: RJ ANDRADE Finance Committee The Finance Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of five voting members and two Ex-Officio Non-Voting Council members appointed by Town Council. Quarterly Meeting (Avon) Two ex-officio non-voting members: Ex-Officio 1: RICH CARROLL Ex-Officio 2: TAMRA UNDERWOOD TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted February 28, 2023 For discussion February 13, 2024 Agency Description Council Assignments 2. 2024 Appointments to Boards and Commissions Draft(Discussion Feb 13, 2024) Page 4 Start Time typically 5:00 PM for 90 Minutes Health & Recreation Committee The Health & Rec Committee is a temporary, non-permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Council resolution or unless the expiration date is extended by Council by resolution. The committee is composed of four voting members and two rotating Ex-Officio Non-Voting Council members appointed by Town Council. Bi-Monthly Meeting (Avon) Start Time typically 10:00 AM for 90 Minutes Two ex-officio non-voting members (alternate): Ex-Officio 1: RJ ANDRADE Ex-Officio 2: OPEN I-70 Coalition Voting representative from towns & counties along the I-70 corridor working to reduce I-70 vehicular congestion and improve safety. Also continues to evaluate proposed magnetic train(Guideway System) Monthly Meeting Appointment: Elected or Town Manager Primary: EVA WILSON Alternate: ERIC HEIL Northwest Colorado Council of Governments (NWCCOG) The Town is a member of the NWCCOG, a voluntary association of county and municipal governments in a 5-county region in northwest Colorado. The NWCCOG Council, made up of representatives from each member jurisdiction, directs the activities of NWCCOG. The NWCCOG staff is responsible for carrying out the Council’s direction. The purpose of the NWCCOG is to be responsive to members’ needs and interests by providing guidance and assistance in problem solving, information sharing and partnership building, advocating members’ interests and needs with local, state and federal entities, and providing quality services to our membership that are relevant, effective, and efficient. Meetings are every other month (half day); virtual option Appointment: Elected or staff Primary: CHICO THUON Alternate: JENA SKINNER TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted February 28, 2023 For discussion February 13, 2024 Agency Description Council Assignments 2. 2024 Appointments to Boards and Commissions Draft(Discussion Feb 13, 2024) Page 5 Public Access TV: High Five Access Media Voting representative on the Board of the nonprofit organization that manages noncommercial public, educational and governmental programming; receives Town's PEG fees from COMCAST. Quarterly Meeting (Avon) Appointment: Elected Primary: RUTH STANLEY Alternate: AMY PHILLIPS Traer Creek Liaisons Regular monthly meetings to review and discuss matters related to the Village (at Avon), Traer Creek LLC, and Traer Creek Metropolitan District. Town Manager and other Staff typically join. This is an informal appointment (i.e. not an official Board or Commission and no voting authority). Monthly meeting, third Tuesday, 8:30 am to 10am. Appointment: Elected or Appointed Primary: CHICO THUON & LINDSAY HARDY Upper Eagle Regional Water Authority (UERWA) Town's voting representative on the six-member board; responsible for all elements of delivering potable water to the Town and managing water rights Monthly Meetings – 4th Thursday except for November & December when they are held on the 3rd Thursday, 8:30 AM for full morning Appointment: Elected, Staff or other Primary: TAMRA UNDERWOOD 1st Alternate: ERIC HEIL 2nd Alternate: RICH CARROLL Vail Valley Art Guild (VVAG) The Vail Valley Art Guild ("VVAG), a 501(c)(3) is organized exclusively for educational and charitable purposes. The VVAG endeavors to create opportunities for the participation, promotion, and appreciation of the visual arts art by the community within Eagle County. The board is comprised of not more than 10 directors who have general management of the affairs, property, and business of the organization. Meetings are held at the new Avon location in The Seasons property. Appointment: Elected, Staff or other First Board Member: ______________________ Second Board Member: ______________________ TOWN OF AVON BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS Adopted February 28, 2023 For discussion February 13, 2024 Agency Description Council Assignments 2. 2024 Appointments to Boards and Commissions Draft(Discussion Feb 13, 2024) Page 6 Monthly meeting, second Monday, 3:30 PM for 90 Minutes VVP: 1. EGE Air Alliance The EGE Air Alliance is a 501-c6 non-profit public-private partnership that provides the funding to make the Eagle County Regional Airport (EGE) a vital part of the Eagle County economy with a vibrant flight service program. Formed in 2002, the EGE Air Alliance partnership includes government entities and private business stakeholders in local towns within Eagle County. Serves as representative to discuss regional airport topics of concern. Quarterly Meetings Appointment: Elected or Town Manager Primary: AMY PHILLIPS Alternate: RICH CARROLL VVP: 2. Economic Development Leadership Council serves under the umbrella of the Vail Valley Partnership Vail Valley Economic Development Advisory Council Economic Development Leadership Council: Serves as representative on the advisory board to the VVP governing board; assists with regional & local collaboration, research, and follow through on economic development initiatives. Vail Valley Economic Development Advisory Council: The Advisory Council is a resource and sounding board for the Partnership. The Advisory Council will provide advisement on issues at hand to ensure that local economic development activities undertaken by VVED are relevant to the needs of the business community and remain aligned to the core mission. Quarterly Meetings Primary Representative: Elected or Appointed Primary: RJ ANDRADE Alternate: RICH CARROLL 970.748.4013 idejong@avon.org TO: Honorable Mayor Amy Phillips and Council FROM: Ineke de Jong, Chief Administrative Officer Eric Heil, Town Manager RE: Council Direction regarding Letters of Support DATE: January 30, 2024 SUMMARY: This report presents the topic of letters of support and sign-on letters and requests Council direction on best protocols for such letters. BACKGROUND: At the March 14, 2023 regular Town Council meeting, there was an agenda item for Council consideration to Support a Bureau of Land Management (“BLM”) Sign-on Letter initiated by the Mountain Pact (Attachment A). At this meeting Mayor Phillips reminded her fellow Councilors of the challenge to obtain unanimity in signing jointly on behalf of Avon. Without such consensus and with one Councilor absent from the meeting, each Councilor at the time agreed to give discretion to sign individually. Mayor Pro Tem Underwood asked Staff to bring this item before Council in early 2024, to see if Council can agree on a general direction and consensus on how to handle requests for letters of support or sign-on letters until the end of the year. ANALYSIS: The Town of Avon often receives requests to submit letters of support for certain initiatives or applications or to sign on to letters that take a stance. Staff requests general direction on how to handle these types of requests for the following reasons: •Typically, these requests are time-sensitive and cannot wait until the next Council meeting •These requests are often in line with the Town’s general work, values & vision •A simple process would be more efficient •Council should consider when it is appropriate to sign a letter as Council versus Council members signing individually RECOMMENDATIONS: The Town Manager and the Mayor review the contents of the letter request and determine if it is consistent with policies already adopted by the Town (which may include plan documents, annual Department goals, or previous direction provided by Council). If the letter request is consistent then Mayor or Manager would sign on behalf of the Town. Examples of these types of letters include (1) the I-70 Coalition letter to Governor Polis requesting that future considerations to Mountain Express Lanes (MEXL) operations include a collaborative decision-making approach (Attachment B), and (2) letter to support Bolts Lake (Attachment C). Attachment D presents another example of a topic that supports Town’s housing policies and does not appear to require Council discussion and consideration. Requests which are not consistent with adopted policies and specific Council direction would be brought to Council for discussion and direction. TOWN MANAGER COMMENTS: I believe it is very difficult to define a policy that clearly indicates when letter of support requests should be reviewed by Council as a whole and when the Mayor or Manager should sign. There are many times when it is in Avon’s interest to support a policy decision and the timing is too quick to include on a Council meeting (e.g. Bolts Lake Letter), so some level of delegation to Mayor and Manager would be helpful. Thank you, Ineke & Eric ATTACHMENT A: Example Letter 1: BLM Sign-on Letter ATTACHMENT B: Example Letter 2: I-70 Coalition Letter ATTACHMENT C: Example Letter 3: Bolts Lake Support ATTACHMENT D: CHFA-Housing Tax Credits DATE Doug Vilsack, State Director Bureau of Land Management (BLM) Colorado State Office 2850 Youngfield St. Lakewood, Colorado 80215 Dear State Director Vilsack, Colorado’s public lands are deeply valued by its people because they provide important health and economic benefits. The 8.3 million acres of federal public lands within Colorado that are overseen by the Bureau of Land Management (BLM) are particularly important. These lands support a diverse array of outdoor recreation activities and create jobs through the tourism sector that are the backbone of many of our communities. They also provide important wildlife habitat and corridors, which are integral to an intact ecosystem that make it easier for species to adapt to climate change. As local elected officials in Colorado, we would like to express our commitment to protecting these landscapes which provide so much to our communities. We commend BLM on recent agency guidance that prioritizes the health of public lands and encourage the BLM to continue to place conservation at the forefront of the rulemaking that will occur in 2023. These incredible public lands represent just a sliver of the many places within the BLM lands in Colorado that need to be protected. This is why we were excited to see that rules for the designation of Areas of Critical Environmental Concern (ACEC)have been clarified so that this type of designation may be prioritized during land use planning processes. The designation of ACECs is an important step in ensuring critical ecosystems within our public lands are protected, since they can help at-risk and endangered species recover, help clean watersheds, and preserve Indigenous culture. Interconnected landscapes that allow species to reach new habitat areas is another important aspect of preserving ecosystems. We would therefore also like to express our appreciation for the BLM’s recent guidance related to Habitat Connectivity on Public Lands. As the ancestral home of many Indigenous communities, Colorado’s public lands can especially benefit from management that incorporates the knowledge and perspectives of native Tribes. Because of this, we support the BLM’s commitment to incorporate co-stewardship between the federal and tribal governments into the management practices overseeing these lands. We believe that this is not only good for the conservation and sustainability of Colorado landscapes, but will also benefit our communities by bringing more, underrepresented voices to the table. ATTACHMENT A: BLM Sign-on Letter Finally, in addition to the conservation efforts we’ve highlighted above, we also strongly encourage the BLM to use other existing tools to protect public lands across the state. In particular, we call your attention to designating new Wilderness Study Areas (WSAs). The BLM has the authority to ensure that lands with wilderness character are administratively protected as WSAs. These areas are often the first to be identified by our congressional leaders for legislative designation as wilderness and for many of our communities these are the iconic landscapes that define our state. The BLM’s mission is “to sustain the health, diversity,and productivity of public lands for the use and enjoyment of present and future generations.” For years BLM has prioritized extractive uses like oil and gas development while largely overlooking sustaining the health and diversity of BLM lands. As 2023 progresses, we look forward to the BLM prioritizing the conservation of our shared public lands. With this in mind, we strongly encourage that the BLM rulemaking emphasizes ecological integrity, preservation of vulnerable resources, and maintaining access to outdoor recreation. These efforts at the national level will positively impact BLM lands in our communities and across Colorado. Sincerely, Speaker of the Colorado House of Representatives Julie McCluskie, House District 13, Colorado State Representative Naquetta Ricks, HD 40 Aurora, Arapahoe County, Colorado Mayor Torre, City of Aspen, Colorado Mayor Pro Tem Ward Hauenstein, City of Aspen, Colorado Council Member Rachael Richards, City of Aspen, Colorado Council Member John Doyle, City of Aspen, Colorado Council Member Skippy Mesirow, City of Aspen, Colorado Mayor Bill Kane, Town of Basalt, Colorado, Colorado Mayor Pro Tem David Knight, Town of Basalt, Colorado Council Member Elyse Hottel, Town of Basalt, Colorado Council Member Angela Anderson, Town of Basalt, Colorado Council Member Glenn Drummond, Town of Basalt, Colorado Council Member Dieter Schindler, Town of Basalt, Colorado Council Member Ryan Slack, Town of Basalt, Colorado Mayor Aaron Brockett, City of Boulder, Colorado Mayor Ben Bohmfalk, Town of Carbondale, Colorado Trustee Lani Kitching, Town of Carbondale, Colorado Trustee Chris Hassig, Town of Carbondale, Colorado County Commissioner PT Wood, Chaffee County, Colorado State Representative Steph Vigil, HD-16, Colorado Springs, Colorado State Representative Jen Bacon, Denver, Colorado Mayor Barbara Noseworthy, City of Durango, Colorado Chair, Eagle County Commissioners Kathy Chandler-Henry, Eagle County, Colorado County Commissioner Matt Sherer, Eagle County, Colorado County Commissioner Jeanne McQueeney, Eagle County, Colorado Mayor Hunter Mortensen, Town of Frisco,Colorado Council Member Lisa Holenko, Town of Frisco, Colorado State Representative Elizabeth Velasco Eagle, Garfield and Pitkin Counties, Glenwood Springs, Colorado Mayor Jonathan Godes, Glenwood Springs, Colorado Mayor Pro Tem Charlie Willman City of Glenwood Springs, Colorado Mayor Pro Tem Abe Herman, City of Grand Junction, Colorado Council Member Chuck McDaniel, City of Grand Junction, Colorado State Senator Lisa Cutter, Jefferson County Senate District 20, Colorado County Commissioner Marsha Porter-Norton, La Plata County, Colorado Council Member Marcia Martin, City of Longmont, Colorado Council Member Patrick Berry, Town of Mountain Village, Colorado Mayor Mason Osgood, Town of Ophir, Colorado Trustee Jamie Somerville, Town of Palisade, Colorado County Commissioner Greg Poschman, Pitkin County, Colorado County Commissioner Francie Jacober, Pitkin County, Colorado County Commissioner Steve Child, Pitkin County, Colorado Mayor John Clark, Town of Ridgway, Colorado Council Member Terence Schuyler, Town of Ridgway, Colorado County Commissioner Sonja Macys, Routt County, Colorado Mayor Dan Shore, City of Salida, Colorado Council Member Britta Gustafson, Snowmass Village, Colorado County Commissioner Hilary Cooper, San Miguel County, Colorado County Commissioner Lance Waring, San Miguel County, Colorado County Commissioner Joshua Blanchard, Summit County, Colorado County Commissioner Tamara Pogue, Summit County, Colorado Former County Commissioner Karn Stiegelmeier, Summit County, Colorado Council Member J. Meehan Fee, Town of Telluride, Colorado Former Council Member and Mayor Pro Tem Todd Brown, Town of Telluride, Colorado Council Member Geneva Shaunette, Town of Telluride, Colorado Council Member Lars Carlson, Town of Telluride, Colorado November 28, 2023 The Honorable Jared Polis, Governor Shoshana Lew, Execu�ve Director State of Colorado Colorado Department of Transporta�on Dear Governor Polis and Director Lew, We are wri�ng to share our concern with the decision to open the Mountain Express Lanes (MEXLs) for addi�onal days and hours around the Thanksgiving, Christmas and New Year Holidays. While the request does not in itself violate the formal agreement between CDOT and FHWA governing use of the Peak Period Shoulder Lanes (PPSLs) in the corridor, it nonetheless raises several serious concerns that we want to express. According to the Record of Decision (ROD) issued by the Colorado Department of Transporta�on (CDOT) and Federal Highway Administra�on (FHWA) in 2011, the PPSLs are a temporary, non- infrastructure improvement. They are intended to “buy �me” to provide conges�on relief during high volume travel �mes un�l a long-term solu�on is implemented. Based on the safety and opera�onal concerns of the narrow shoulders and the uniqueness of opera�ng a PPSL, FHWA agreed to implement the I-70 PPSLs with the expecta�on that the opera�ons would be closely managed and limited to peak conges�on periods only. When the MEXL lanes are open, there is no emergency shoulder of any kind for a 13-mile stretch of interstate. That sec�on of Interstate 70 is unques�onably safer when there is a break down lane available to travelers; therefore, every hour the MEXLs are open is a safety compromise. For this reason, the MEXL lanes should be open only to the degree that volumes jus�fy its opera�on. Every minute the shoulder lanes are open require human eyes on the highway in case there is a break down or obstruc�on in that lane that requires the immediate closure of the MEXL. The lanes were opened Nov 22-24 last week, which are historically low volume travel days. Last week’s direc�ve will also cause the MEXLs to be open 24 hours/day around the Christmas/New Years Holiday. The majority of those hours will see very low traffic volume. Opera�ng the lane for days and hours when it isn’t needed drives up opera�onal costs. Because toll revenue must cover the opera�on and maintenance costs of the express lanes, opening the lane when not ATTACHMENT B: I-70 Coalition Letter needed could result in a need to increase tolls which would nega�vely impact the pocket books of Coloradans that use the MEXLs. The MEXL is not and should not be viewed as a permanent solu�on for the I-70 mountain corridor. If and when permanent capacity improvements are made to the mountain corridor, the I-70 Coali�on expects such improvements will be built to FHWA standards to provide Coloradans and our visitors the safest highway possible. The I-70 Coali�on has always supported the Mountain Express Lanes and recognizes that they deliver posi�ve mobility benefits. Up un�l last week’s ac�on, the opera�on of the MEXLs was determined through the analysis of historic traffic volumes and paterns to determine if the lane was needed. We feel strongly that we con�nue to use objec�ve means to drive these decisions and that data con�nue to dictate the opera�onal �meframes of these shoulder lanes. Since the count of opera�onal days/hours reset on October 1, the recent decision to open addi�onal days and hours will not exceed those limits, but the impacts of that decision will be felt later in the year when we start to bump up to that maximum number. The 11.22.2023 media release referenced CDOT’s desire to extend the number of days the MEXLs may be open. It has always been the I-70 Coali�on’s understanding that any considera�on of an increase in the number of days would be a collabora�ve discussion among CTIO, CDOT, corridor stakeholders and FHWA. The I-70 Coali�on requests that future considera�ons to MEXL opera�ons include a collabora�ve decision-making approach, look to data to dictate opera�on of the lanes, and that safety is considered as a factor in that decision-making process. Sincerely, Ryan Hyland, Chair Randy Wheelock, Vice Chair Cc: John Cater, Division Administrator, FHWA CDOT Transporta�on Commission Rep. Judy Amabile Rep. Julie McCluskie, Speaker Sen. Dylan Roberts Congressman Joe Neguse Piper Darlington, Execu�ve Director, Colorado Transporta�on Investment Office Post Office Box 975 100 Mikaela Way Avon, CO 81620 January 24, 2024 Congressman Joe Neguse Washington, D.C. Office Western Slope Office 2400 Rayburn HOB 620 E. Main Street Washington, DC 20515 Frisco, CO 80443 (202) 225-2161 (303) 355-1045 Re: H.R. 4297 – Bolts Ditch Act Dear Representative Neguse: I am writing on behalf of the Town of Avon, Colorado, (“Avon”) in support of H.R. 4297, which seeks to amend Section 1101(a) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116-9) to allow for the Eagle River Water and Sanitation District (the “District”) and the Upper Eagle Regional Water Authority (the “Authority”) to be eligible to complete the maintenance work on the Bolts Ditch and Bolts Ditch Headgate within the Holy Cross Wilderness, Colorado. Avon receives water and sanitation services from the District and Authority, which serve more than 50,000 customers and collectively constitute the second largest municipal water provider on Colorado’s western slope. The District and Authority are currently adjudicating water rights and have purchased land in order to construct and operate a 1,200 acre-foot water storage reservoir called Bolts Lake. Once constructed, Bolts Lake will provide sustainable in-basin water supplies for the region as well as additional recreation opportunities to support the recreation-based economy on the western slope. Bolts Ditch is an essential filling source for Bolts Lake. Section 1101 of Public Law 116-9 as currently written allows the Bolts Ditch to be operated within the Holy Cross Wilderness area for diversion of water and use, maintenance, and repair of the ditch and headgate, but restricts such authority exclusively to the Town of Minturn (“Minturn”). Accordingly, the District, Authority, and Minturn are seeking to expand Section 1101 to include the District and Authority as additional governmental entities that may also use, maintain, and repair the Bolts Ditch and its headgate. Avon hereby supports the immediate passage of the Bolts Ditch Act as introduced to facilitate the construction and operation of Bolts Lake by the District and Authority. Sincerely, __________________________________ Eric Heil, Town Manager (970) 748-4004 ATTACHMENT C: Bolts Lake Support congress needs to hear from you on h.r. 7024 Let’s Strengthen the Housing Tax Credit and Private Activity Bond Programs Congress is preparing to vote on a critical tax bill that would expand and enhance affordable housing tax credits, the most successful affordable housing program nationwide. The “Tax Relief for American Families and Workers Act of 2024” is a bipartisan, bicameral effort that among other provisions proposes to: 1.Decrease the private activity bond (PAB) financing threshold for 4% LIHTCs from 50% to 30% for 2024 and 2025, and 2.Restore the 12.5% increase in annual 9% LIHTC allocation for 2023 through 2025. These provisions would allow for an estimated 200,000 additional affordable rental housing units to be built and/or preserved nationwide. Next Steps: Earlier this month, the bill overwhelmingly passed through the House Ways and Means Committee by a bipartisan vote of 40-3, a key step in advancing the bill. Leaders in the House have signaled that they will use an expedited voting process that may bring the bill to a floor vote this week, but which will require a 2/3 vote for passage. How You Can Help: Please contact your Congressional representatives today and urge their support for H.R. 7024. Below is a list of Colorado Congressional members and their contact information. Please reach out to your Representative and two Senators. Please also thank Affordable Housing Credit Improvement Act co-sponsors: U.S. Senator Michael Bennet, U.S. Senator John Hickenlooper, U.S. Representative Yadira Caraveo (CO- 8), U.S. Representative Brittany Pettersen (CO-7), and U.S. Representative Joe Neguse (CO-2). If helpful, the latest organization to endorse the tax bill is the National Governors Association (NGA), which recently released a statement urging Congress to pass the bill. It might be helpful to you to include this when you reach out to your members of Congress as it demonstrates the support of governors across the nation, including NGA Vice-Chair Colorado Gov. Jared Polis, and specifically references the Housing Credit provisions in the bill. Representative Diana DeGette (CO-1) 202.225.4431 https://degette.house.gov/contact ATTACHMENT D: Housing Tax Credit Representative Joe Neguse (CO-2) 202.225.2161 https://neguse.house.gov/contact Representative Lauren Boebert (CO-3) 202.225.4761 https://boebertforms.house.gov/contact Representative Ken Buck (CO-4) 202.225.4676 https://buck.house.gov/contact Representative Doug Lamborn (CO-5) 202.225.4422 https://lamborn.house.gov/contact Representative Jason Crow (CO-6) 202.225.7882 https://crow.house.gov/contact/email-me Representative Brittany Pettersen (CO-7) 202.225.2645 https://pettersen.house.gov/contact Representative Yadira Caraveo (CO-8) 202.225.5625 https://caraveo.house.gov/contact Senator Michael Bennet 202.224.5852 https://www.bennet.senate.gov/contact Senator John Hickenlooper 202.224.5941 https://www.hickenlooper.senate.gov/contact Contact Julia Selby, Legislative Liaison and Policy Analyst, for more information. ATTACHMENT D: Housing Tax Credit 970.748.4013 idejong@avon.org TO: Honorable Mayor Phillips and Council members FROM: Ineke de Jong, Chief Administrative Officer RE: Resolution 24-03 Approving the Expenditure of Community Enhancement Funds DATE: January 30, 2024 SUMMARY: A resolution is being presented to Council to formally approve the expenditure of Community Enhancement funds for the 2024 Net Zero Building Conference as required by the Town’s franchise agreement with Holy Cross Energy. BACKGROUND: Pursuant to the Town’s franchise agreement with Holy Cross Energy, the Town receives one percent (1%) of the gross revenues collected from the sale of electricity from within the Town’s borders. The funds are eligible to be expended for limitied purposes, as follows: • Beautification projects • Energy conservation projects • Equipment and technology upgrades for schools • Scholarship funds • Acquisition of open space and/or park land and development thereor • Sponsorship of special community events • Indergrounding of overhead electric and other utility lines The Town has been in communication with representatives from Holy Cross Energy to discuss the intention of using the Community Enhancement funds for the 2024 Net Zero Building Conference, that is currently being planned for April 8, 2024 at the Westin Riverfront. They expressed approval of these expenditures and are excited for the event. FINANCIAL CONSIDERATIONS: If approved, $20,000 from the Community Enhancement Fund would be used for this purpose. RECOMMENDATION: I recommend Council approves resolution 24-03. PROPOSED MOTION: “I move to approve Resolution 24-03, a Resolution Approving the Expenditure of Community Enhancement Funds from Holy Cross Energy as Provided for in Article 11, Town of Avon Ordinance 01-01, Series of 2001”. Thank you, Ineke ATTACHMENT A: Resolution 24-03 ATTACHMENT B: Holy Cross Energy Community Enhancement Fund History Resolution No. 24-03 February 13, 2024 Page 1 of 1 ATTACHMENT A: RESOLUTION 24-03 RESOLUTION 24-03 APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY AS PROVIDED FOR IN ARTICLE 11, TOWN OF AVON ORDINANCE 01-01. WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance 01-01, Series of 2001 which granted a franchise to Holy Cross Energy; and WHEREAS, Article 11 of Ordinance 01-01 provides that Holy Cross Energy will voluntarily make monetary resources available to the Town for programs designed to make a difference in people's lives and the communities in which they reside; and WHEREAS, Section 11.1 of Ordinance 01-01 limits the use for which such funds shall be spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof; (6) Sponsorship of special community events; and, (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the express written consent of the Company; and WHEREAS, Section 11.4 of Ordinance 01-01, provides that the Town Council is required to approve the expenditure by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made and that prior to any expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object in the future if the funds are expended for the use identified in the notice. NOW, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. The Avon Town Council approves utilizing the Holy Cross Enhancement Funds as shown in Exhibit A attached hereto. The Town Council believes that the expenditure of these funds meets the intent and purpose of Article 11 of Ordinance 01-01 and the projects as described in Article 11.1 hereof. Section 2. Town staff will forward this resolution to Holy Cross Energy to comply with Section 11.4 of Ordinance 01-01, Series of 2001. ADOPTED FEBRUARY 13, 2024 BY THE AVON TOWN COUNCIL By: Attest: ___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk EXHIBIT A HOLY CROSS ENERGY COMMUNTIY ENHANCEMENT FUND PROPOSED PROJECT Proposed Project: 2024 NET ZERO BUILDING CONFERENCE The Town is organizing a FREE, Informative Net-Zero Building Expo Focusing on sustainable building projects, net-zero construction, retrofitting, and more! This event will take place on April 8, 2024 at The Westin Riverfront Resort and Spa, located in Avon, Colorado. This Net-Zero Building Expo will feature local vendors and keynote speakers to share the exciting process of developing a net-zero Eagle County community. We hope to have as many as 150 attendees and 16 vendors. Schedule of the Day 12:30 pm - Door open & check in 1:00 - 1:10 pm - Event starts 1:10 - 1:45 pm - First Speaker + Q&A 1:45 - 2:20 pm - Second Speaker + Q&A 2:20 - 2:30 pm - Break 2:30 - 3:05 pm - Third Speaker + Q&A 3:05 - 3:50 pm - Interactive Panel, Food & Drinks + Vendor Exhibits + Networking 4:45 pm - Raffle Prizes Announcement + Closing Remarks ATTACHMENT B COMMUNITY ENHANCEMENT FUND HISTORY Original Revised Calendar Amount Budget Budget Actual Ending Year Received Budget Request Amount Amount Expenditure Balance 2001 1 4,000$ -$ -$ -$ 4,000$ 2001 1 32,356 - - - 36,356 2002 1 42,824 - - - 79,180 2003 1 44,766 - - - 123,946 2004 1 50,664 - - - 174,610 2005 1 60,699 - - - 235,309 2006 64,133 --- 299,442 Purchase of Wind Power 60,000 -- 2007 2 62,907 Energy Audit - 28,000 26,252 336,097 Whitewater Rodeo 36,000 36,000 36,000 LED Holiday Lighting 10,800 10,800 10,800 2008 74,585 Appraisal for Open Space 15,000 15,000 15,000 348,882 Fleet Maintenance Lighting 20,000 20,000 20,000 Ironkids 30,000 30,000 30,000 2009 70,136 LED Holiday Lighting 10,000 10,000 10,000 359,018 Avon Rec Center Lighting 40,000 29,000 29,000 Ironkids 20,000 20,000 20,000 Nottingham Park Pavilion 3 200,000 40,000 40,000 2010 71,067 Fishing Pier 20,000 20,000 20,000 321,085 Ironkids 10,000 10,000 10,000 World Alpine Championships 50,000 -- 2011 74,383 Undergrounding 4 100,000 - - 385,468 2012 72,862 Mall Improvement Project 5 250,000 - - Undergrounding 4 100,000 - - 458,330 2013 84,398 Heat Recovery Expansion 6 350,000 - - 542,728 2014 78,268 Nottingham Park Restrooms 275,000 -- Avon Mall Improvement - 608,000 608,000 12,996 2015 77,473 Nothing Budgeted --- 90,469 2016 71,736 Undergrounding 100,000 -- 62,205 2017 78,545 Undergrounding 158,000 142,000 140,750 - 2018 83,009 Undergrounding 80,000 80,000 - 83,009 2019 83,072 Nothing Budgeted --- 166,081 Page 1 ATTACHMENT B COMMUNITY ENHANCEMENT FUND HISTORY 2020 81,392 Dancing in the Park - 30,000 - 247,473 2021 82,448 Undergrounding 120,000 -- 329,921 W. Avon Preserve 28,500 28,500 28,500 301,421 Dancing in the Park 30,000 -- 301,421 2022 87,665 Undergrounding 120,000 -- 389,086 Building Electrification Conference 16,000 - 11,312 377,774 2023 91,103 Undergrounding 120,000 -- 468,877 Building Electrification Conference 20,000 -- 468,877 2024 90,000 Undergrounding 100,000 -- 458,877 Building Electrification Conference 20,000 -- 438,877 Notes: 6) The original proposal to extend the Town's Heat Recovery system along the length of the Mall and connect with the Wyndham and Avon Station was re-evaluated during the process for approving the Wyndham development on Lot 61. 1) Amounts received from 2001-2005 were accounted for in the General Fund. In 2006 a separate fund was established for the Community Enhancement monies. A transfer from the General Fund in the amount of $235,309 was made to establish the new Community Enhancement Fund. Because of an oversight, the amount transferred was $2,000 more than the actual amounts received from 2001 -2005. 2) In 2007, the Town budgeted $60,000 for purchasing wind power. It was subsequently learned that the use of Community Enhancement funds was not allowed for this purpose. Subsequently, $26,252 was used for an energy audit of the Town's facilities. 3) The Nottingham Park Pavilion project for which Community Enhancment funds were approved in the amount of $200,000, was subsequently removed from the Town's long-range CIP program due to the cost of the project and lack of Town funds available. A total of $40,000 in Community Enhancement funds was used for the design cost, with the remained turned back as unused. 4) The US Hwy 6 Trail undergrounding project has been delayed due to high project costs related to the Eagle Valley Trails projects. 5) The Mall Improvement Project was delayed due to the impending development of Lot 61. Page 2 970-748-4134 jhorsley@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Jim Horsley, Project Engineer RE: Notice of Award – Upper Buck Creek Road Asphalt Overlay DATE: January 30, 2024 SUMMARY: This report presents for Council consideration the Notice of Award for construction of the Upper Buck Creek Road Asphalt Overlay Project as approved in the Town of Avon 2024 Capital Projects Fund. DISCUSSION: The Upper Buck Creek Road Asphalt Overlay is a maintenance project along approximately 5,478-Feet of roadway between the Upper Bridge and the Wildwood Road intersection as shown in Figure 1. This section of Buck Creek Road was last paved in 2002. The project consists of the following components: • Asphalt Milling • Asphalt Repair • Guardrail Adjustment and Replacement in Select Areas • Asphalt Overlay • Shouldering • Pavement Marking Along the Length of the Road FIGURE 1: Upper Buck Creek Road Asphalt Overlay Site Map Page 2 of 2 Staff advertised the Upper Buck Creek Road Asphalt Overlay Project for five weeks on Bidnet.com. The Bid Opening was held on January 11, 2024, and (4) bids were received; 360 Paving LLC with a bid of $805,601, GM Asphalt Repair LLC with a bid of $805133, Grand River Construction Co. with a bid of $649,466 and United Companies with a bid of $697,959. The Town has successfully completed similar projects in recent years with 360 Paving LLC, GM Asphalt Repair LLC and United Companies but has not worked with Grand River Construction Co. based out of Glenwood Springs. During the vetting process, the Engineering Department contacted several references from the provided list of projects completed in recent years by the low bidder, Grand River Construction Co. References (Pitkin County, City of Glenwood Springs, and Ground Engineering Consultants) were all positive. This project is relatively straightforward and generally consists of asphalt mill and overlay. Grand River Construction Co. has successfully completed projects of similar size and scope throughout the Roaring Fork Valley. We recommend Notice of Award for the Upper Buck Creek Road Asphalt Overlay Project to Grand River Construction Co. in the amount of $649,466. Construction Schedule: The proposed work is scheduled to begin in early May and an approximate three to four-week construction period is anticipated. Contractually, the work must be completed by June 30, 2024. Liquidated damages will be assessed at $1,500 / day if the project completion date extends after June 30, 2024 and increased to $3,000 / day after 30 days. OUTREACH: Staff has been in contact with the MountainStar Homeowners Association thru project development and bidding and will continue to provide updates for property owners and the public. Press Releases with project information and work schedules will be issued as construction approaches in the Spring. FINANCIAL CONSIDERATIONS: The construction contract for the Project will be funded from the 2024 Street Improvements Projects budget as approved in the Town of Avon 2024 Capital Projects Fund. The Project cost estimate is shown in Table 1 below and includes 10% contingency. Table 1: Upper Buck Creek Road Asphalt Overlay Project Cost Estimate Available Funds Budget $1,292,748 Construction Cost $ 649,466 Design $ 7,920 Geotechnical Testing Services $ 4,000 Contingency (10 %) $ 64,947 Total $ 726,333 RECOMMENDATION: Staff requests Council authorization to award the Upper Buck Creek Road Asphalt Overlay Project contract to Grand River Construction Co. in the amount of $649,466. PROPOSED MOTION: “I move to authorize issuance of Notice of Award for the Upper Buck Creek Road Asphalt Overlay Project contract to Grand River Construction Co. in the amount of $649,466 as approved in the Town of Avon 2024 Capital Projects Fund.” Thank you, Jim AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 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 virtually via Zoom.us. Mayor Amy Phillips called the January 23, 2024, Council regular meeting to order at 5:02 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilor RJ Andrade joined the meeting in person at 5:22 p.m. They were joined by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, Town Attorney Nina P. Williams, Town Clerk Miguel Jauregui Casanueva, Avon Rec Director Michael Labagh, Planning Manager Jena Skinner, Housing Long Range Planner Patti Liermann, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:50 Mayor Phillips initiated the meeting with the Agenda approval process. Without further discussion, Mayor Pro Tem Underwood motioned to approve the Agenda, as presented. Councilor Thuon seconded the motion. It was approved with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:07 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:23 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. She then clarified that the 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 virtually. Kim Schlaepfer, resident of unincorporated Eagle County neighboring Avon, took the podium to provide feedback to Council on the stop light approved on Highway 6 at the Stonebridge Intersection. She stated she is an advocate of pedestrian infrastructure and safety but is disappointed in the decision from Council to support the addition of the stop light which she sees as a backward solution. She highlighted that at the community meetings held around this topic, consensus was against having a stop light, and she explained the reasons why she and her neighbors opposed it. She closed her remarks asking Council to reconsider their decision. Tom Boyd, resident of Edwards, took the podium to advise Council and the public that he is running for County Commissioner District 2. He mentioned ongoing projects in Avon and the use of public-private partnerships and gave a brief synopsis of his professional experience. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 Seth Levy, resident of Eagle, took the podium to ask why the flag policy issue is not on the Agenda now that the Town has an Interim Town Attorney. He reiterated concerns over the issue and asked Council to get it added soon to an upcoming Agenda. Jenny Hetei, owner of the Portofino Jewelry Store in Avon, took the podium to speak of her concerns of the three grills, lack of ventilation, and mismanaged grease traps at Nozawa Restaurant. She asked that her concern be put on record and addressed by the Town. Tim McMahon, resident of Avon, took the podium to speak of the Colorado Sunshine Law and ask the minutes of the recent Council Meetings be made public asap. He then spoke of the flag policy issue and asked that Council make it a priority to address it. No other public comment was made in person nor virtually. 5. BUSINESS ITEMS 5.1. PUBLIC HEARING: Second Reading Ordinance 24-01 Adopting Code Text Amendments to Adopt Community Housing Zone Districts (Planning Manager Jena Skinner) Video Start Time: 00:18:40 Planning Manager Jena Skinner delivered a presentation related to Ordinance 24-01 which adopts and amends zoning districts. She described the new community housing zoning districts proposed by staff and noted there is a language change included for the Intent language, under Section 6 of the amendment which she delivered by hand to Councilors and read into the record. Town Manager Heil also added a proposed change to amend the footnotes of 7.20-9 and 7.20-10. Mayor Phillips opened the floor to the public hearing, and Tim McMahon, resident of Avon, took the podium and asked if under zoning proposals the 1st floor is reserved for commercial use and the 2nd floor is reserved for offices, if doctor’s offices would be relegated to a 2nd floor making it harder to access them. No other public comment was made in person nor virtually which concluded the public hearing. Mayor Pro Tem Underwood read into the record three requested amendments to Ordinance 24-02 on second reading, which staff noted as follows: a) Under the purposes statement: in electronic page 13 of the packet, under 7.20.075 – in the second sentence on the third line, add the words capitalized to the paragraph as follows: “A Community Housing zone district intends to provide adequate sites for dedicated WORKFORCE housing, which, because of the nature and characteristics of Community Housing design and need, cannot TYPICALLY be adequately regulated by the development standards prescribed by other standard residential zone districts, PROVIDED HOWEVER THAT, LIKE OTHER RESIDENTIAL ZONE DISTRICTS, except that adequate light, air, PRIVACY, AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 open spaces, and other amenities SUCH AS ACCESS TO PUBLIC TRANSIT, SCHOOLS, ETC., are considered appropriate for this use.” b) At the end of 7.20.075 (a), subsection 4, the word “and” needs to be struck and converted to a semicolon. c) At the end of 7.20.075 (a), subsection 5, add the word “and” after the semicolon, and then end subsection 6 with a period. After deliberations, Mayor Pro Tem Underwood motioned to approve the second reading of Ordinance 24-02, with the suggested language proposed to be added by Planning Manager Jena Skinner relative to Subsection (a) Intent, the two changes provided by Town Manager Eric Heil to the footnotes of 7.20-9 and 7.20-10, and the three requested changes to the general purposes clause indicated to staff in paragraphs a), b) and c) above. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 5.2. PUBLIC HEARING: First Reading Ordinance No. 24-02 Adopting Amendments to Avon Comprehensive Plan to Designate Town Properties for Community Housing Use in the Future Land Use Map (Planning Manager Jena Skinner) Video Start Time: 00:36:30 Planning Manager Jena Skinner delivered a presentation related to Ordinance 24-02 which updates the Avon Comprehensive Plan. Questions from Council included Councilor Hardy asking why the proposed FLUM still has a color scheme which she and other Councilors previously asked staff to correct. Town Manager Eric Heil noted changing the colors in the plan in the time frame allotted would be challenging and suggested to Councilors that they give staff leeway to adjust the colors later, when finalizing the map with added clarity. Councilor Andrade asked a question related to the reduction of parking. Mayor Pro Tem Underwood asked a question related to the creation of District 12 for a small parcel of land owned by the Town. Councilor Hardy inquired on changes to District 6 and asked if mentioning the landscape plan would be useful. Mayor Pro Tem Underwood asked if the document could include the definition of Community Housing. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually which concluded the public hearing. Mayor Pro Tem Underwood provided a list of edits for Planning Manager Skinner to include in the text of the Comprehensive Plan, ahead of a second reading of Ordinance 24-02, as follows: a) under the future land use plan language, electronic page 32 of the packet, she would add in the second sentence of the paragraph related to community housing the following additions in capitalized italics and strikethroughs: “AT THAT TIME, Tthe application of Community Housing as a use has been WAS applied to Town-owned lands only; however, in all zone districts, except for PUDs, Community Housing is a permitted use and is strongly AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 encouraged for any residential or mixed-use developments. The specific Community Housing Zone Districts (i.e., CHMD, CHHD 1 and 2, CHMU 1 and 2) have purposefully not been designated in the FLUM with the intention that the appropriate SPECIFIC Community Housing Zone District necessary for implementation will occur at the time of zoning approval.” b) Add a footnote to bottom of electronic page 32 sending readers to the definition of Community Housing c) In electronic page 35, add Policy E.1.7: Encourage Community Housing Development on non-Town-owned lands. d) She agreed to defer the railroad corridor issue to another year. e) In electronic page 39, relative to District 6, in the introductory paragraph where it talks about “The area’s high visibility from I-70 makes it important to the Town’s image” add “, INCLUDING PARTICULARLY THE NORTH SIDE OF I-70 EXIT 167 AS THE TOWN’S I-70 GATEWAY (SEE FURTHER BELOW)”. f) In electronic page 39, at the end of the last paragraph where it states “, efforts have been made to screen the existing buildings and facilities and ensure that they blend into the surrounding environment.” add language that indicates in a professional way that “future developments should do something similar or identical.” g) In electronic page 41, make it clear that it is District 6’s Gateway Parcel to make sure the reader knows it still refers to District 6’s section and principals. h) In electronic page 41, in the first paragraph under the diagram amend the text to state: “vehicle VEHICULAR primary entrance to Avon for RESIDENTS AND visitors”. i) In electronic page 41, in the second paragraph relative to Gateway Design Principles, add a bullet in professional language to indicate that massing of buildings should be appropriate for the existing neighborhood which needs to be considered. j) She asked for additional language to be added to the District 12 residential area on the north side of I-70 relative to the height of the construction. She asked that staff look to Nottingham Road language for inspiration on adding requirements for this section of District 12. After deliberations, Mayor Pro Tem Underwood motioned to approve the first reading of Ordinance 24-02, with the amendments she provided in paragraphs a) to j) above. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 5.3. Work Session: Discussion with Traer Creek representatives regarding Potential Amendments to Village (at Avon) Planned Unit Development Guide (Town Manager Eric Heil) Video Start Time: 01:03:33 Town Manager Eric Heil introduced the topic of potential amendments to the Village (at Avon) Planned Unit Development Guide and introduced Community Development Director Matt Pielsticker. They were joined in person by representatives of Traer Creek which included Dominick Mauriello of Mauriello Planning Group, Richard Gollis of the Concord Group, and AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 Michael Lindholm on behalf of the ownership group. Pielsticker delivered a presentation to Councilors related to the PUD plan and amendments to the Village (at Avon), which Mauriello supplemented with additional information. He added that Traer Creek owners are supportive of the updates included in the presentation presented to Council. Mayor Pro Tem Underwood asked for the development time frame of Avondale apartments and Tract E which are in the area, and Heil responded that Avondale hinges on the amendment to the PUD, and hiring of an architectural firm, so that a better time frame can be provided but he estimates approximately 3 months for architectural design, and grading and some site work in fall of 2024, with the hope that the project can begin in spring of 2025. He added Tract E is similar in timeframe. Councilor Hardy asked how Town tax credits would be impacted by the PUD amendment, which Heil explained. Mayor Phillips opened the floor to public comment, and Mike Imhof with the Vail Valley Foundation took the podium to speak of workforce housing issues and in support of the PUD amendments proposed. Elyse Howard with Habitat for Humanity Vail Valley took the podium and spoke in support of initiatives that add affordable housing in the Town of Avon. Enmanuel Benavides, resident of Avon, spoke virtually to inquire on property taxes that the PUD amendment might have on residents, as well as impacts of more housing on a deficient postal service in Avon. No other public comment was made in person nor virtually. After public comment, Councilor Andrade agreed with the concept of directing staff to work on a PUD update and amendment and noted he wants something specific to look at. Councilor Carroll moved to authorize Staff to prepare and submit a Major PUD Amendment to the Village (at Avon) PUD Guide as co-applicants with Traer Creek LLC. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 5.4. Work Session: Comprehensive Review of Potential Community Housing Projects (Town Manager Eric Heil and Planning Director Matt Pielsticker) Video Start Time: 02:13:10 Town Manager Eric Heil and Planning Director Matt Pielsticker delivered a presentation related to a comprehensive Review of Potential Community Housing Projects. He explained that this is a 20 to 30-year vision of housing needs and strategies. He fielded questions from Councilors on the components of the presentation, and correlated availability of lot inventory with water rights. A healthy discussion among Councilors and staff ensued, including its impact on postal service. Mayor Phillips opened the floor to public comment, and Steve Coyer, resident of Avon, took the podium to encourage council to proceed with this initiative. He added context and AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 information on water rights, water impacts and the need for housing for the water authority. Chris Jarnot with the Vail Valley Foundation took the podium to state that they too are interested in more housing for the community and echoed thanks for the amount of work Avon Staff has put in to identify where housing opportunities exist. Emily Peyton with Habitat for Humanity Vail Valley took the podium to convey the sense of desperation from community members she interacts with to get access to inclusive housing alternatives in the Valley. No other public comment was made in person nor virtually. Mayor Phillips stated she agrees with the priorities included in the materials and the table. Mayor Pro Tem Underwood stated the table format is very useful for people and she encouraged that time be spent refining information in the table. She also appreciated the 20- year time frame used. She added that the use of the concept of “opportunity” is better than calling it a plan, noting that pursuing opportunities in the table should not distress landowners and neighbors included in the table. Town Manager Heil highlighted that this study is conceptual and looks at everything possible and that staff worked with landowners included in the table so that they were not unnecessarily distressed, thus concluding the work session. 5.5. Work Session: Hoffmann Commercial Parking Management (Interim Town Attorney Nina Williams) Video Start Time: 02:53:45 Interim Town Attorney Nina P. Williams moderated the work session related to Hoffman Commercial Parking Management. Alberto Castellon, Senior Vice President with 5-Star Valet, and John Conway, Executive Vice President with Parking Revenue Recovery Services (PRRS) took the podium to engage in the discussion. Discussions included glitches in the system that monitors private parking, bilingual signage at more regular intervals, ease of use of the QR code and parking system on the back end. During the meeting, Councilor Thuon attempted to use the system and it caused a 15-minute max allowance of parking while Councilor Stanley was able to select a free 3-hour allowance as indicated by Castellon. Additional deliberations ensued related to communication and roll-out of the system by Hoffman properties. Mayor Phillips opened the floor to public comment, and Patty Sommerville-Cony, business owner of Nest Furnishings in Avon, took the podium and noted that the communication with local business owners that Castellon and Conway described as excellent has been everything but excellent. She asked that they do away with the $87 dollar fee. She highlighted that the original intention she remembers was to mirror parking fees that the Town of Avon managed parking was implementing but then they did not and added more fees. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 Seth Levy, consultant of local business owners impacted, stated that the $87 fee has been issued in error numerous times. He questioned the veracity of how many people have parked in Avon under the parking studies. He highlighted the importance of guarantying drunk drivers the ability to park their vehicles overnight. He closed his remarks by asking if Hoffman owns any of these parking companies. Carl Foster, resident of Avon, took the podium to highlight that it is a new concept for everyone, and it is a matter of education and signage, because no one wants to pay for parking. Donna Lang, owner of Home Outfitters in Avon, took the podium to state that her conversations and interactions with Castellon have been wonderful. She also said that she does not remember Castellon’s team meeting with her and her staff to educate them on how the system would work. She asked that they meet with her and her staff. She said artificial intelligence isn’t infallible and it goes back to people using it correctly. She asked for a ticket booth at Hoffman, and 2–3-hour complimentary parking for customers. She highlighted there wasn’t enough communication during the rollout and there needs to be better communication because ultimately, they will go out of business with these bad practices. Jeni Hetti, owner of Portofino Jewelers, said she is done with Avon and will close her business in April because Hoffman has raised her rent by $1,800 and parking management is very badly handled. She wondered how much stake in these parking companies Hoffman has. She said the system in place is very complicated compared to a gate and physical machines to pay for parking with your card. Joe Peplinski, owner of P. Furniture and Design in Avon, took the podium to state that he does not believe it is necessary yet to pay for parking. He noted the system that was set up does not protect users from abuse. He highlighted there are limited legal recourses against managed parking on private property. He concluded his remarks stating that managed parking companies can’t succeed without going after their customers. Tim McMahon, resident of Avon, took the podium and cursed at and insulted the representatives of the managed parking companies. Given that he had previously cursed from the back of the Council Chambers twice at the representatives of the managed parking companies and had already been warned by Police Chief Daly to maintain decorum on two separate occasions, he was pulled aside by Chief Daly a third time and was given a third warning to maintain decorum and avoid disrupting the meeting with profanity when giving public comment to Council. At that time, Councilor Andrade stepped away from his seat to speak to McMahon separately and they both walked back to the podium together with assurances from Councilor Andrade to his fellow Councilors that because he was McMahon’s old boss, Councilor Andrade would try to help ensure that McMahon maintained order and decorum in addressing Council. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 8 When McMahon took the podium for a second attempt at providing public comment, in reference to managed parking representatives in the room, he stated that they don’t live here, they are from Aurora which is not even Denver, and this has affected of lot of people’s lives here, and they are presenting BS numbers, and that doesn’t matter, what matters is the human element, and he asked if any of them came up to Avon and chilled for a week to see how these business run or if they stayed in Naples working on their tan because they look darker than him. Councilors exclaimed distaste for this remark and Councilor Andrade asked him to focus. McMahon then added this was not meant to be racist while Mayor Phillips asked that McMahon listen to Councilor Andrade or that he will be removed from Council Chambers by Chief Daly. McMahon then stated it is ridiculous how this has come around and been communicated to a community they are coming into. He stated he cannot give the rest of his message because Councilor Andrade will interject, thus concluding his public comment. Brian Nolan, local business owner in Avon, stated the system stinks as does the signage around it. He said communication has not been great. He thanked Castellon for every contact Castellon has dealt with, highlighting that every person Nolan referred to Castellon was handled well. He noted that sports games take more than 120 minutes and parking is impacting all his restaurants. He asked that they take that into consideration and make 3 hours free parking and come up with a more welcoming system. He closed remarks highlighting that all ski towns have free evening parking and Hoffman properties are the only ones going against that which will kill bars and restaurants on their properties. Cassidy Kodas, partner of Southside Benderz, stated her appreciation for Castellon and what he has put up with so far. She said there has been negligence in contacting local businesses to ensure that managed parking is rolled out successfully. She highlighted the importance of catering to locals and ski-resort-related tourism. She noted that her business partners have not been able to contact Castellon with ease. She closed her remarks stating that managed parking via cellphone only is not how most places in Colorado work, let alone Avon. Enmanuel Benavides, resident of Avon, took the podium virtually to state that this is a predatory situation happening with parking in Avon and it is not helping local businesses nor the community. He said the system is as inconvenient as possible so that guests will have to pay the $87 parking fee, and rents are high enough as it is to have to deal with parking lot fees. No other public comment was made in person nor virtually. After being prompted by Councilor Thuon, Conway stated that Hoffman has no participation or ownership interest in Parking Revenue Recovery Services, and he is willing to provide evidence to that effect. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 9 Town Manager Heil stated to Councilors that Town Staff will work with 5-Star Valet to ensure that community concerns are addressed with a comprehensive approach from different departments. Mayor Pro Tem Underwood asked Heil for additional information and details on Staff members who will work on this task which included the Director of Community Development, the Chief of Police, the Town Manager and the Town Attorney, which concluded the work session. 6. MINUTES 6.1. Approval of January 9, 2024, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 04:45:05 Councilor Thuon presented a motion to approve the Minutes from January 9, 2024. Councilor Hardy seconded the motion. They were approved unanimously with a 7-0 vote. 6.2. Approval of January 16, 2024, Special Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Councilor Thuon presented a motion to approve the Minutes from January 16, 2024. Councilor Hardy seconded the motion. They were approved unanimously with a 7-0 vote. 7. WRITTEN REPORTS 7.1. January 16th Planning and Zoning Commission Meeting Abstract (Planner II Max Morgan) 7.2. Fourth Quarter 2023 Department Goal Update (Town Manager Eric Heil) 7.3. Monthly Financials (Senior Accountant Dean Stockdale) 7.4. E-Bike Rebate 2023 Program Update (Communications Manager Liz Wood) 7.5. 2024 Construction Activity Update (Development Coordinator Emily Block) 7.6. Planning Updates (Planner II Max Morgan) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 04:46:18 Mayor Pro Tem Underwood reminded the public that the Eaglebend Pocket Park Redevelopment second community meeting will be held on Wednesday, January 31, 2024, from 5 to 7 p.m. and dinner will be provided at 5:30 p.m. at the Eaglebend Apartments Community Room. Councilor Stanley reported back to Council on her attendance to the latest CASE Committee. She mentioned Avon does not have an entry monument sign, and asked if there is a sign for the stage yet. She then asked if this could be something the Town could explore, and Town Manager Heil noted it opens a discussion that could take place during quarterly department goals and budgets to address this task. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 23, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 10 Councilor Thuon highlighted that there is an upcoming meeting on January 30, 2024, at 5 p.m. between Avon Staff and all business owners from the land to be annexed in Eagle Vail which seeks to address concerns from that neighborhood and will take place at Town Hall. Councilor Carroll asked for plow drivers to be advised that they have been doing a good job plowing streets during the last storm cycle. Mayor Phillips stated she likes the quarterly updates and wants to make sure the 2024 quarterly update will be sent, and General Government Manager de Jong advised these quarterly updates will take place in a February Regular Council Meeting. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 9:53 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ________________________________ Miguel Jauregui Casanueva, Town Clerk APPROVED: Mayor Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Lindsay Hardy RJ Andrade Rich Carroll Chico Thuon _______________________________________________________________________________ AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT FOR TOWN COUNCIL TUESDAY, FEBRUARY 6, 2024 MEETING BEGINS AT 5:00PM 100 MIKAELA WAY – AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:05PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, KEVIN HYATT, BILL GLANER, AND ANTHONY SEKINGER WERE PRESENT. ALSO PRESENT WERE COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, AND APPLICANT JEFF MAUS. COMMISSIONERS TOM SCHAEFER AND OLIVIA COOK WERE NOT IN ATTENDANCE. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 4. PUBLIC HEARINGS 4.1. FILE #TMP24001 | TEMPORARY USE 331 METCALF RD (PLANNING MANAGER, JENA SKINNER) ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE APPLICATION WITH THE TWO CONDITIONS INCLUDED IN THE STAFF REPORT. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0. 4.2. FILE #REZ23001 | SLOPESIDE REZONING APPLICATION (PLANNING MANAGER, JENA SKINNER) ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE APPLICATION AS PRESENTED IN THE STAFF REPORT. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0 5. CONSENT AGENDA 5.1. JANUARY 17, 2024, PLANNING AND ZONING COMMISSION MEETING MINUTES 5.2. RECORD OF DECISION MJR23005 5.3. 2024 PZC MEETING SCHEDULE ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0. 6. FUTURE MEETINGS 6.1. FEBRUARY 21, 2024 (WEDNESDAY) 6.2. MARCH 11, 2024 (MONDAY) 7. STAFF UPDATES 7.1. CODE TEXT AMENDMENT CTA23002 COMMUNITY HOUSING ZONE DISTRICTS 7.2. SUN ROAD/EAST AVON SUB-AREA MASTER PLANS & THE DDA MEETING 7.3. EAGLEBEND POCKET PARK _______________________________________________________________________________ 7.4. WAYFINDING CAPSTONE PROJECT 7.5. PZC BOARD - POSITIONS 8. ADJOURN ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 6:02PM. 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 970-748-4012 eblock@avon.org TO: Honorable Mayor Phillips and Council members FROM: Emily Block, Community Development Coordinator RE: 2024 Planning and Zoning Commission Schedule DATE: January 29, 2024 SUMMARY: This report provides an update on the Planning and Zoning Commission Schedule for 2024. For the month of February, the schedule will remain the first and third Tuesday of the month (except for the second meeting switching to Wednesday due to the holiday weekend). Beginning in March, the schedule will change to the second and fourth Monday of each month so that the Planning and Zoning Commission always meets the night prior to Council. When a holiday falls on a Monday, that Planning and Zoning Commission meeting will be cancelled. There are dates in October and November where the second and fourth Monday does not correlate with Council meetings, and those two dates have been adjusted accordingly to occur the night prior to Council. ATTACHMENT A: 2024 Planning and Zoning Commission Schedule MONTH DATE DAY January 3-Jan W 17-Jan W February 6-Feb Tu 21-Feb W March 11-Mar M 25-Mar M April 8-Apr M 22-Apr M May 13-May M June 10-Jun M 24-Jun M *VIRTUAL July 8-Jul M 22-Jul M August 12-Aug M 26-Aug M September 9-Sep M 23-Sep M October 21-Oct M *VIRTUAL November 11-Nov M 18-Nov M December 9-Dec M Planning and Zoning Commission 2024 Schedule ATTACHMENT A: PZC SCHEDULE CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 18, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 18 JANUARY 2024 PAGE 1 | 3 1. ROLL CALL Present: Committee Chair Doug Jimenez, Committee Member Danielle McNair, Pedro Campos, Calyn Rieger Thomas Walsh and Town Council Member Ruth Stanley Staff: Culture, Arts & Special Events Manager Danita Dempsey, and Special Events Coordinator Chelsea Van Winkle Absent: Committee Member Lisa Mattis, and Justin Chesney and Town Council Member Lindsay Hardy The meeting was called to order at 12:31 p.m. 2. PUBLIC COMMENT No public comments were made. 3. MINUTES Committee Member Calyn Rieger motioned to approve the minutes from November 16, 2023. Committee Member Thomas Walsh seconded the motion and it passed unanimously. 4. STAFF UPDATE CASE Manager Dempsey quickly went through the 2024 approved budget, Fireworks in Avon Recap and Avon Arts Celebration additional date which are included in the committee packet (available at Avon.org). CASE Manager Dempsey then reviewed that the CASE committee has two open seats and there have been four applicants. There are two new applicants and two currently sitting on the CASE committee. The goal is to get in front of Council so they can choose the new committee members by end of February. Research Culture Plans CASE Manager Dempsey detailed out the plan for going to look at different communities and beginning our culture research. She explained that multiple communities could be visited together as a day trip or overnight. As well as, that there could be dates where the monthly CASE meeting is canceled and the group visits communities instead. Once the team gets the communities scheduled, they will scheduled time on everyone’s calendar. CASE Manager Dempsey then reviewed the Silverthorne Art and Culture plan included in the committee packet (available at Avon.org). She stated they are updating the plan in 2024 and hiring a consultant so it will be interesting to see what they come up with and what we can learn from it. When you look at the list of everyone involved, it is a lot of people to get together and figure out who best fits to make the plan. It is impressive how many people came together to make it happen. She stated that the CASE committee and staff have good structure and bones to start their cultural plan. CASE Manager Dempsey explained the work we have done with our strategic plan, may have been ahead of ourselves and now is our time. The work that Town Manager wants to do is making the strategic plan like others in the Town of Avon. One thing we have been charged with is “Culture is….” and she pointed out that Silverthorne tried to answer this through quotes. CASE Manager Dempsey told the committee that she tasks everyone to think about what culture means to you as a resident of Avon. As well as to start think about what questions we need to ask when we go visit. She explained her CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 18, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 18 JANUARY 2024 PAGE 2 | 3 questions are what the policies are (who, the how, etc.), what was their process (in spaces, brainstorming, white board, etc.), did you do a needs assessment, what is their criteria for success, etc. From their research and plan, it looks like Silverthorne used the “Before I Die” project to help springboard and helped them develop their plans. We are charged with mapping out the steps and CASE Manager Dempsey said she liked how Silverthorne does. Before we map out the steps, do we need a needs assessment ourselves? The Committee commented/inquired: A. Are we going to make a plan like Silverthorne’s? Would a consultant help? B. I don’t think we need a specific assessment about what they want as we have asked the community already in our surveys. C. The community survey is such a massive document that some of the information we are looking for may get diluted or lost. I think it may be beneficial to have people ask those questions at events. D. A target survey that is more focused on culture and arts may be needed. E. What struck me is all the people listed that helped with Town of Silverthorne. I like that they opened it up and did an advisory committee. F. We bring in all these different aspects of the community and then send them the survey. We “choose” who the survey goes to and who are community is made up of. G. Silverthorne has done a great job in getting a shared vision to get this done. H. Besides surveys, to open the floor more is offering round table discussions. I. I liked the way Silverthorne mapped up at the steps and goals at a glance. J. Their goals at a glance are really clear. We have done a lot of this work and accomplished a lot of it too. CASE Manager Dempsey responded that when I think about the process, I think yes, we make a plan similar to Silverthorne and that may include help from a consultant. CASE Manager Dempsey said in the next community survey, we will focus more on arts and culture instead of events. The community survey will be conducted this year. She liked the idea of adding culture and arts themed questions into our Intercept Survey’s at summer events. Special Events Coordinator Van Winkle explained that Town of Silverthorne got lucky that Lake Dillon Theatre left the Town of Dillon and was looking for a space, so Silverthorne jumped on bringing them to Silverthorne and I think it really helped skyrocketed their cultural goals. With the Vail Valley Art Guild, hopefully they can help us do the same. Culture Ideas and Thoughts To get the committee thinking about the Avon Culture, CASE Manager Dempsey posed the questions, “when a visitor is coming to Avon or Beaver Creek, as soon as they exit what’s the impressions?” and “do they know they transitioned to Beaver Creek?”. There is no Welcome to Avon. The Committee commented/inquired: A. They panic because of the roundabouts. B. We still don’t have a Welcome to Avon sign. C. Denver Airport has done a campaign about aliens maybe we should poke fun at a “roundabout town”. CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 18, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 18 JANUARY 2024 PAGE 3 | 3 D. Minturn has done a really interesting job; they have the best sign coming into town, you know you have arrived. E. Vail created these things over the off ramps, Edwards has the Mikaela Sign and Eagle has a welcome sign at the roundabouts. F. I happened to visit the City of Delta and they call themselves the city of Murals. They have collection of historic and new murals that they now focus on. G. What are we known for and identify those things. H. Do Vail and Eagle have culture and arts plans? I. Vail is building the arts in residence program and having a home base for artists. They are doing a culture arts center on the east side of the Lionshead parking garage. This facility could be many years down the road. J. The space that we have and the development coming in are their stipulations that these developers must contribute to the community. How do we make that when they develop, they are required to include art and community projects. K. The Development group could maybe put some money aside to help with arts and culture and develop more of a community. L. The Skate Plaza is a huge art opportunity, Should the art in the skate plaza be part of that budget or CASE? i) We discussed that the Skate Plaza would be a mirror of the community, through an expression of art. It is a meaningful part of the project. M. Will we be going back to the Creative Industries Summit in Pueblo? CASE Manager Dempsey stated that the Town of Avon needs to work across departments so when we build a new building, we make sure they include art. CASE Manager Dempsey sits on the Town of Eagle MEAC committee and shared that Eagle does not have a culture plan, but they are being charged with who they are, what they want, etc. She shared that she had reached out to Town of Vail, and they are in the process of finalizing their strategic plan for arts. She explained that this work is s ometimes like throwing spaghetti at the wall and seeing what sticks or the tactics come before the vision and strategy. CASE Manager Dempsey said that the Town of Avon has a budget to take the CASE committee back to Colorado Creative Industries Summit and that if the entire committee was able to attend that, it would be fantastic. CASE Manager Dempsey again requested that the next step would be that the CASE committees begin researching and that information be compiled into a One Drive, that way everyone can drop in information and can be ready to talk about it next meeting. 5. CLOSING COMMENTS CASE Manager Dempsey gave a final update about staffing and told the committee we are interviewing a couple applicants for the Special Events position and hopefully will have someone in the seat by the end of February. 6. ADJOURNMENT The meeting was adjourned at 1:41 p.m. Respectfully submitted by: Chelsea Van Winkle Specials Events Manager 970-748-4106 csimmons@avon.org TO: Honorable Mayor Phillips and Council members FROM: Chase Simmons, Financial Analyst RE: 3rd Quarter RETT Sales and Exemption Report DATE: February 13th, 2024 SUMMARY: The 3rd quarter of 2023 generated similar RETT revenues compared to prior years. Four primary exemptions were applied for and approved in the 3rd quarter of 2023. There were no Mi Casa applications approved in the 3rd 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 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, four primary residence exemptions were granted in the 3rd quarter. This is the same number of exemptions granted in the 3rd quarter of 2022 and a decrease of 5 exemptions granted in the 3rd quarter of 2021. In the 3rd quarter of 2023, $12,800 was granted in RETT Relief, which is $1,300 more than 2022, which granted $11,500 and $16,000 less than 2021, which granted $28,800. RETT Exemptions Granted 3rd Quarter Trend  Type Of Exemption 2021 2022 2023  Section (17) 9 4 4  Section (18) 0 0 0  Section (19) 0 0 0  Total 9 4 4  Page 2 of 3 3rd Quarter Primary Residence Exemptions Granted  Month Avon Neighborhood Purchase Price of  Property  Exemption  Section  Amount  Exempt  July East Avon $1,275,000 17 $3,200  August Wildridge $1,750,000 17 $3,200  September East Avon $1,550,000 17 $3,200  September Town Core $985,000 17 $3,200  Total 4 $12,800  3rd Quarter Activity Actual RETT revenue for the 3rd quarter of 2023 totaled $1,195,051. This correlates to a total of $59.8 million in property sales. Total RETT Activity ‐ 3rd Quarter 2023    July August September  Total RETT Revenue $268,804 $525,588 $387,859  Total Exemptions $3,200 $3,200 $6,400  Total RETT $272,004 $528,788 $394,259  Total Sales $13,600,200 $26,439,400 $19,712,950  28,800 11,500 12,800  ‐150.43% 10.16%  ‐  5,000  10,000  15,000  20,000  25,000  30,000  35,000 2021 2022 2023 3rd Quarter RETT Relief Granted  Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, July and September RETT revenues reflect a negative variance of 32.01%, and 1.42% respectively. August RETT revenues reflect a positive variance of 26.85%. 3‐Year Average RETT Revenue Trend     2021‐2023  July August September  Total RETT Revenue $395,338 $414,333 $393,459  Total Exemptions $5,333 $8,100 $4,267  Total RETT $400,672 $422,433 $397,726  Total Sales $20,033,600 $21,121,650 $19,886,293  % Variance ‐32.01% 26.85% ‐1.42%  RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for Council. Thank you, Chase Simmons 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 970-748-4106 csimmons@avon.org TO: Honorable Mayor Phillips and Council members FROM: Joel McCracken, Finance Manager RE: 4th Quarter RETT Sales and Exemption Report (Tentative Data) DATE: February 13th, 2024 SUMMARY: The 3rd quarter of 2023 generated similar RETT revenues compared to prior years. Four primary exemptions were applied for and approved in the 3rd quarter of 2023. There was one Mi Casa application approved in the 4th 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, one primary residence exemptions were granted in the 4th quarter. This is a decrease of 4 exemptions granted in 4thquarter of 2022 and a decrease of 12 exemptions granted in the 4th quarter of 2021. In the 4th quarter of 2023, $4,800 was granted in RETT Relief, which is $11,200 less than 2022, which granted $16,000 and $39,700 less than 2021, which granted $44,500. RETT Exemptions Granted 4th Quarter Trend  Type Of Exemption 2021 2022 2023  Section (17) 9 5 0  Section (18) 2 0 0  Section (19) 2 0 1  Total 13 5 1  Page 2 of 3 4th Quarter Primary Residence Exemptions Granted  Month Avon Neighborhood Purchase Price of  Property  Exemption  Section  Amount  Exempt  October            November            December West Avon $545,000 19 $4,800  Total 1 $4,800  4th Quarter Activity Actual RETT revenue for the 4th quarter of 2023 totaled $2,482,768. This correlates to a total of $124.1 million in property sales. Total RETT Activity ‐ 4th Quarter 2023    October November December  Total RETT Revenue $762,378 $277,725 $1,442,666  Total Exemptions $0 $0 $4,800  Total RETT $762,378 $277,725 $1,447,466  Total Sales $38,118,900 $13,886,250 $72,373,278  44,500 16,000 4,800  ‐178.13% ‐233.33% ‐  5,000  10,000  15,000  20,000  25,000  30,000  35,000  40,000  45,000  50,000 2021 2022 2023 4th Quarter RETT Relief Granted  Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, Octoboer & November RETT revenues reflect a negative variance of 8.18%, and 47.98% respectively. December RETT revenues reflect a positive variance of 43.77%. 3‐Year Average RETT Revenue Trend     2021‐2023  October November December  Total RETT Revenue $830,257 $533,886 $1,003,428  Total Exemptions $6,400 $5,767 $9,600  Total RETT $836,657 $539,653 $1,013,028  Total Sales $41,832,850 $26,982,629 $50,651,400  % Variance ‐8.18% ‐47.98% 43.77%  RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for Council. Thank you, Joel McCracken 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 970-390-2014 ewilson@avon.org TO: Honorable Mayor Phillips and Council members FROM: Eva Wilson, Public Works Director RE: I-70 Coalition Update – Advocacy Efforts DATE: February 5, 2024 SUMMARY: The purpose of this written report is to provide an update on recent I-70 Coalition advocacy efforts. The I-70 Coalition is a non-profit organization representing 28 local governments and businesses along Colorado’s I-70 mountain corridor. Their mission is to enhance public accessibility and mobility in the I-70 Central Mountain Corridor and adjoining dependent counties and municipalities through the implementation of joint public and private transportation management efforts. Three advocacy letters for the I-70 mountain corridor were sent to 1) Governor Jared Polis, 2) CDOT Director of Transit and Rail, and 3) the Colorado Transportation Commission. BACKGROUND: In 2002, CDOT and the Federal Highway Administration (FHWA) released a Draft Programmatic Environmental Impact Statement (PEIS) for the I-70 mountain corridor. In the fall of 2003, concerned with the limited scope of the draft PEIS and recognizing the importance of the I70 mountain corridor to the economic well-being of the region, several county and municipal jurisdictions came together to discuss transportation planning that could meet current and future needs for a 50-year window. The community leaders also desired that the transportation plans minimize environmental impacts, and preserve the unique local character of the counties and towns in the corridor. The needs, desires, and values of the communities needed to be reflected in the plans. In January 2004, numerous local governments formalized the I-70 Coalition by adopting an Intergovernmental Agreement (IGA), forming the Interstate 70 Central Mountain Transportation Corridor Coalition (I- 70 Coalition). In 2007, when it appeared the PEIS would support the alternative of creating six lanes along the entire corridor and only plan for 25 years into the future, the director of CDOT. Russell George recognized the need for broader stakeholder input into the I70 PEIS process and created the Collaborative Effort (CE.) The CE is made up of 27 diverse stakeholder groups, and the group was charged with developing a Consensus Recommendation. CDOT and FHWA stated that if consensus could be reached by the CE, that consensus decision would be recognized in the Record of Decision. In June 2008, the Collaborative Effort developed a consensus recommendation which became the I-70 Coalition’s Regionally Preferred Alternative. In March 2011, the Final PEIS was released and in June 2011, the Record of Decision (ROD) was signed. This ROD is the final step in the Tier 1 NEPA process. It does not authorize any construction or result in direct impacts. Subsequent Tier 2 NEPA processes will be completed to develop and evaluate specific projects consistent with this Tier 1 decision. From 2011 to current, the I-70 Coalition has had four focus areas: Advocate for Improvements on the I-70 Mountain Corridor, Active Involvement in I-70 Plans and Processes Affecting the I-70 Mountain Corridor, Information Sharing and Outreach, and Travel Demand Management. ADVOCACY HIGHLIGHTS: • Attachment A: Letter to Governor Polis. Gov Polis opened the I-70 Mountain Express Lanes (MEXLs) for additional days and hours around holidays, above the Agreement between CDOT and FHWA. I-70 Coalition is concerned with the safety impacts of this action and requests future decisions to include a collaborative decision-making approach. • Attachment B: Letter to CDOT Division Director of Transit & Rail. The CDOT Transit program (Bustang and Pegasus) has been wildly successful. The West Route has had growing pains. Currently, Bustang Page 2 of 2 does not offer reservations to reserve a seat and passengers have been left at bus stops. The letter advocates for a Reservation System. In addition, I-70 Coalition is advocating for frequency discounts, a single ticketing online platform, and bike space reservations on the Pegasus. • Attachment C: Letter to the Colorado Transportation Commission. The I-70 Coalition urges the Transportation Commission to ensure the I-70 mountain corridor has adequate and equal representation in CDOT funding conversations, particularly on the Statewide Transportation Advisory Committee (STAC) where funding allocations are discussed. No Action is needed at this time. Thank you, Eva ATTACHMENT A: November 28, 2023, I-70 Mountain Corridor advocacy letter to Governor Polis ATTACHMENT B: November 9, 2023, I-70 Mountain Corridor advocacy letter to the Director of Transit and Rail ATTACHMENT C: November 8, 2023, I-70 Mountain Corridor advocacy letter to the Colorado Transportation Commission November 28, 2023 The Honorable Jared Polis, Governor Shoshana Lew, Executive Director State of Colorado Colorado Department of Transportation Dear Governor Polis and Director Lew, We are writing to share our concern with the decision to open the Mountain Express Lanes (MEXLs) for additional days and hours around the Thanksgiving, Christmas and New Year Holidays. While the request does not in itself violate the formal agreement between CDOT and FHWA governing use of the Peak Period Shoulder Lanes (PPSLs) in the corridor, it nonetheless raises several serious concerns that we want to express. According to the Record of Decision (ROD) issued by the Colorado Department of Transportation (CDOT) and Federal Highway Administration (FHWA) in 2011, the PPSLs are a temporary, non- infrastructure improvement. They are intended to “buy time” to provide congestion relief during high volume travel times until a long-term solution is implemented. Based on the safety and operational concerns of the narrow shoulders and the uniqueness of operating a PPSL, FHWA agreed to implement the I-70 PPSLs with the expectation that the operations would be closely managed and limited to peak congestion periods on ly. When the MEXL lanes are open, there is no emergency shoulder of any kind for a 13-mile stretch of interstate. That section of Interstate 70 is unquestionably safer when there is a break down lane available to travelers; therefore, every hour the MEXLs are open is a safety compromise. For this reason, the MEXL lanes should be open only to the degree that volumes justify its operation. Every minute the shoulder lanes are open require human eyes on the highway in case there is a break down or obstruction in that lane that requires the immediate closure of the MEXL. The lanes were opened Nov 22-24 last week, which are historically low volume travel days. Last week’s directive will also cause the MEXLs to be open 24 hours/day around the Christmas/New Years Holiday. The majority of those hours will see very low traffic volume. Operating the lane for days and hours when it isn’t needed drives up operational costs. Because toll revenue must cover the operation and maintenance costs of the express lanes, opening the lane when not needed could result in a need to increase tolls which would negatively impact the pocket books of Coloradans that use the MEXLs. The MEXL is not and should not be viewed as a permanent solution for the I-70 mountain corridor. If and when permanent capacity improvements are made to the mountain corridor, the I-70 Coalition expects such improvements will be built to FHWA standards to provide Coloradans and our visitors the safest highway possible. The I-70 Coalition has always supported the Mountain Express Lanes and recognizes that they deliver positive mobility benefits. Up until last week’s action, the operation of the MEXLs was determined through the analysis of historic traffic volumes and patterns to determine if the lane was needed. We feel strongly that we continue to use objective means to drive these decisions and that data continue to dictate the operational timeframes of these shoulder lanes. Since the count of operational days/hours reset on October 1, the recent decision to open additional days and hours will not exceed those limits, but the impacts of that decision will be felt later in the year when we start to bump up to that maximum number. The 11.22.2023 media release referenced CDOT’s desire to extend the number of days the MEXLs may be open. It has always been the I-70 Coalition’s understanding that any consideration of an increase in the number of days would be a collaborative discussion among CTIO, CDOT, corridor stakeholders and FHWA. The I-70 Coalition requests that future considerations to MEXL operations include a collaborative decision-making approach, look to data to dictate operation of the lanes, and that safety is considered as a factor in that decision-making process. Sincerely, Ryan Hyland, Chair Randy Wheelock, Vice Chair Cc: John Cater, Division Administrator, FHWA CDOT Transportation Commission Rep. Judy Amabile Rep. Julie McCluskie, Speaker Sen. Dylan Roberts Congressman Joe Neguse Piper Darlington, Executive Director, Colorado Transportation Investment Office I-70 Coalition * PO Box 4100, Frisco CO 80443 * 970-389-4347 * www.i70solutions.org November 9, 2023 Paul DesRocher, Director, Division of Transit & Rail Colorado Department of Transportation 2829 W. Howard Place Denver CO 80204 Dear Mr. DesRocher, We look forward to working with you as the Director of the Division of Transit and Rail (DTR). A coalition of 28 local government and private sector members, the I-70 Coalition leads TDM efforts on the mountain corridor with an aim to improve mobility and accessibility on I-70. We invest significant time and resources on outreach and communications actions to raise awareness of Front Range residents about CDOT’s I -70 transit services as well as the many local and regional transit services throughout the mountain corridor . We understand DTR is in process of creating a Bustang business plan of sorts and that the Office of Innovative Mobility has identified a goal to instill transportation behavior change. In consideration of these two initiatives, we would like to take this opportunity to share feedback we have received from our members, Front Range transit users, and mountain corridor residents. Allow Bustang Reservations. The most frequent request the Coalition receives about Bustang service is the ability to reserve a seat. Because of the popularity of the West Line, it is extremely common for would -be riders to be left behind because there are no seats available. Waiting for a replacement bus is not tenable for those that have a time-sensitive trip. This becomes even more burdensome, when a planned day trip turns into an unplanned overnight trip due to not having a guaranteed ride back. The lack of assurance of a seat makes Bustang an unreliable form of transportation. The Coalition’s 2022 Transit Ridership Survey told us that 76% of the 1000+ respondents said the ability to make a reservation would increase their motivation to use the Bustang Service. Frequency Discounts. Only users that have an origin/destination in the Denver area are eligible to receive frequency discounts. We would like to see frequency discounts apply to all routes in the Bustang/Outrider system. Single Online Platform. We understand CDOT will pursue a single ticketing and information platform for Pegasus, Outrider, Snowstang and Bustang. The Coalition strongly agrees that this will create a simplified, streamlined user experience. Pegasus Service Features. Because Pegasus vans can accommodate only a limited number of bicycles, user feedback requests the ability to reserve a space for a bike at the time of reservation. We hope this feature could be added to a future ticketing platform, being an option to select like wheel chair accessibility. Attachment B I-70 Coalition * PO Box 4100, Frisco CO 80443 * 970-389-4347 * www.i70solutions.org The Coalition greatly appreciates that CDOT acted on user feedback regarding the need for luggage storage space on Pegasus shuttles. This was an important service improvement since our 2022 research tells us that almost 50% of trips between the Front Range and mountain resorts are overnight trips. Service Challenges. We understand that Ace Express, like other transit providers, is challenged by a shortage of drivers but the almost daily text messages regarding either service cancellation or significant delays is a challenge to instilling confidence and creating behavior change regarding transportation choices. As CDOT renegotiates the Bustang operator contract, we hope there will be expectations that the operator is able to address the driver shortages and/or identify creative solutions to meet current and future demand. Ridership Data. We appreciate the sharing of Westline Bustang ridership data. Regarding future planning, it would be informative to obtain more detailed ridership data that is broken out by day and by stop. Such information would enable Coalition partners to measure the impacts of local and corridor-wide TDM programs regarding transit use. Finally, we have listed below several questions. 1. What is the estimated timeline to complete the already-planned expansion for the Bustang West Line? 2. What are the proposed actions to increase ridership on Bustang and how can the Coalition support these actions? 3. Similarly, what are the proposed actions to instill transportation behavior change long -term and how can the Coalition support these actions? 4. At the last CE meeting, Kay Kelly shared that one of the Transit/Rail goals for FY 23-24 is to identify three corridors for future or expanded passenger rail service. What are the criteria for how the three additional corridors are going to be identified and what is the selection process for the additional corridors? Perhaps these questions are best asked and answered through the Transit & Rail Advisory Committee (TRAC) so I have copied on this letter Eva Wilson, the corridor’s TRAC rep and I-70 Coalition board member. Alternately or in addition, we would welcome you to attend a future I-70 Coalition board meeting to discuss. In the meantime, we are pleased you will join us at our full membership meeting on January 11 to provide a general service and ridership update on Bustang, Pegasus and Snowstang services. The I-70 Coalition is an ardent supporter of transit, recognizing that it is absolutely critical to mobility and capacity on the mountain corridor. Please know that we are here to support DTRs efforts and we look forward to working with you and your staff. Sincerely, Ryan Hyland, Chair CC: Shoshana Lew, Executive Director, CDOT Kay Kelly, Chief of Innovative Mobility, CDOT Eva Wilson, I-70 Corridor Rep, Transit & Rail Advisory Committee I-70 Coalition * PO Box 4100, Frisco CO 80443 * 970-389-4347 * www.i70solutions.org November 8, 2023 Transportation Commission Colorado Department of Transportation 2829 W Howard Place Denver, CO 80204 Dear Transportation Commissioners, The I-70 Coalition is represented by 28 local governments and businesses working together to address transportation issues along the I-70 mountain corridor. Although the majority of the membership falls within the Intermountain TRP (IMTPR), others are part of the Northwest TPR and DRCOG. The I-70 mountain corridor provides access to and from Colorado’s Rocky Mountains and is critical to the economic health of both our mountain communities and the state of Colorado. It is estimated that the Mountain Resort Region accounts for 25% of the state’s tourism revenue. In addition, I-70 is the lifeline for corridor communities, is critical to intra- and inter-state commerce, and is vital to providing Western Slope residents access to jobs, medical services and educational opportunities. For all of these reasons, it is imperative that the I-70 mountain corridor has adequate and equal representation in all of CDOT’s funding conversations, particularly on the Statewide Transportation Advisory Committee (STAC). The I-70 Coalition encourages the Transportation Commission to consider and give weight to the data that was collected as part of the TPR Boundary Study Advisory Committee process. This data demonstrates that the IMTPR is actually bigger than all but three of the states MPO's. Additionally, a number of IMTPR metrics would still exceed those of a combined South Central and Southeast TPR including VMT, population, vehicle crashes, tourism direct spending, movement of goods, commuter origin/destination and truck miles traveled. Attachment C I-70 Coalition * PO Box 4100, Frisco CO 80443 * 970-389-4347 * www.i70solutions.org The emergency funding this corridor required in the last year is indicative that this critical corridor is not getting the funding it needs to maintain safety and operations. We strongly encourage the Transportation Commission to let the data guide any decision-making as it considers boundary changes as part of the TPR Study. Sincerely, Ryan Hyland, Chair I-70 Coalition CC: Shoshana Lew, Executive Director, CDOT Herman Stockinger, Commission Secretary, CDOT M E M O R A N D U M TO: Board of Directors FROM: Brian Thompson, Government Affairs Supervisor DATE: January 19, 2024 RE: Summary of Authority’s Dec. 7 Regular Board Meeting and Nov. 30 Special Joint Board Meeting with the Eagle River Water & Sanitation District Board of Directors The following is a summary of items discussed at the Authority’s Dec. 7, 2023, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Tamra Underwood, and Alternate Director Joanna Kerwin Per- and Polyfluoroalkyl Substances (PFAS) Class Action Settlements Siri Roman recapped the Nov. 30 joint meeting in which the Authority and District boards opted out of certain PFAS class action settlements. No responses have been received to the filed objections and exclusion affidavits. Water Dedication Policy The board approved an updated water dedication policy , which includes a 7.45% increase in cash in lieu fees based on inflation and the anticipated construction costs of Bolts Lake Reservoir. Fund Balance Policy The board approved an updated fund balance policy. The targeted balance is between six months and twelve months of operating costs. Eagle County/Town of Avon Work Session Siri Roman reported on the recent work session between the Authority, Eagle Board of County Commissioners, and Town of Avon. The work session reinforced that the Authority cannot make land use decisions and prioritized collaborative alignment between land use and water planning. Investment Policy Backflow Prevention and Cross Connection Control (BPCCC) program David Norris presented a draft of an updated investment policy, which provides guiding principles on Authority investments. The board will consider the policy for adoption at the Jan. 25, 2024, board meeting. Shane Swartwout reported on the District’s BPCCC program and highlighted compliance metrics, including surveying 100% of compliance accounts and 95% of assemblies tested in 2023. He also discussed improvements in customer communication, process automation, data management, and penalty enforcement. Bolts Lake Reservoir Justin Hildreth provided updates on Reservoir preliminary design, program manager submissions, groundwater modeling, and firm yield analysis. Colorado River Operations Diane Johnson reported on the Bureau of Reclamation’s revised draft Supplemental Environmental Impact Statement. Proposed 2024 meeting schedule Directors discussed the 2024 board meeting schedule . This schedule will consist of ten regular meetings on the fourth Thursdays of Jan., Feb., and May – Nov., as well as the second Thursdays of Apr. and Dec. Regular meetings will continue to start at 8:30 a.m. Board site visits will also be scheduled. Eagle Park Reservoir (EPRC) stock transfer Kristin Moseley reported on the completed transfer of 250 shares of EPRC’s Class A, Series 2, stock from the District to the Authority, equating to 25 acre feet of water. The Authority’s projected unallocated in-basin storage was updated to reflect this purchase. Water Lease Non-functional turf draft bill Kristin Moseley reported on the pending lease with the Colorado River Water Conservation District for 50 acre feet of water and discussed the associated processes required to complete this lease. Kristin Moseley reported on draft state legislation concerning the conservation of water through the prohibition of certain landscaping practices. The board agreed to take a position in support of this draft bill as the commercial turf removal provisions align with the Authority’s landscape transformation efforts. The following is a summary of items discussed at the Nov. 30, 2023, Joint Meeting with the Eagle River Water & Sanitation District board of directors. UERWA Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Mike Trueblood, and Alternate Director Eric Heil. PFAS Class Action Settlement Exclusions Water quality counsel Steve Bushong discussed the Authority’s status as Class Members in PFAS class action settlements involving 3M and DuPont Companies. The board voted to opt out of both settlement agreements. Attorney Bushong will file objections and exclusion affidavits on behalf of the Authority.