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TC Packet 04-09-2024_____________________________________________________________________________________ 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, April 9, 2024 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom Zoom registration is on the header at Avon.org AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 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. Presentation: Holy Cross Energy update on Clean Energy Journey and New Rate Structure (HCE President and CEO Bryan Hannegan) 5.2. Presentation: Eagle County Conservation District Update (Laura Bohannon, District Manager of ECCD) 5.3. PUBLIC HEARING: First Reading of Ordinance 24-07 Amending Chapter 27 of Title 15 the Avon Municipal Code to Update the Exterior Energy Offset Program (Building Official Derek Place) 5.4. PUBLIC HEARING: Second Reading of Ordinance 24-05 Amending Section 15.08.140 of the Avon Municipal Code Regarding issuance of Grading Permits (Community Development Director Matt Pielsticker) 5.5. PUBLIC HEARING: Second Reading of Ordinance 24-06 Sales Tax Exemption on Hygiene Products (Chief Financial Officer Paul Redmond) 5.6. PUBLIC HEARING: Resolution 24-14 Approving First Amendment to 2024 Budget (Chief Finance Officer Paul Redmond) 5.7. Notice of Award June Creek Emergency Access project (Public Works Director Eva Wilson) 5.8. Work Session: Performance Pavilion Name & Sign (CASE Manager Danita Dempsey) 5.9. Work Session: Eaglebend Pocket Park Redevelopment Project Update (Recreation Director Michael Labagh) 6. CONSENT AGENDA 6.1. Approval of March 26, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 7. WRITTEN REPORTS 7.1. March 25th Planning and Zoning Commission Abstract (Planner II Max Morgan) 7.2. Food Truck Program (Special Events Coordinator Chelsea Van Winkle) 7.3. Upper Eagle Regional Water Authority February 22, 2024 Meeting Summary (Mayor Pro Tem Tamra Underwood) _____________________________________________________________________________________ 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. 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, APRIL 9, 2024 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 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 [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .] 5. PUBLIC HEARING (CONTINUED) FOR REPORT OF CHANGES -MODIFICATION OF PREMISES 5.1. APPLICANT NAME: DILLON COMPANIES LLC D/B/A CITY MARKET #26 LOCATION: 0072 BEAVER CREEK PLACE TYPE: FERMENTED MALT BEVERAGE OFF PREMISES (CITY) MANAGER: PAVEL PAVLOV 6. APPROVAL OF THE MINUTES FROM MARCH 12, 2024 LIQUOR LICENSING AUTHORITY MEETING (AUTHORITY SECRETARY MIGUEL JAUREGUI CASANUEVA) 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) 8. ADJOURNMENT 970-748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk RE: PUBLIC HEARING for Permanent Modification of Premises - Dillon Companies LLC, d/b/a City Market #26 DATE: April 3, 2024 SUMMARY: Current licensee Dillon Companies LLC, d/b/a/ City Market #26, has applied to modify the scope of this licensed premises to permanently expand product placement area for alcohol beverage products, as depicted on the attached diagram. The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division, which materials are in order. Documents are on file in the Town Clerk’s office. During the March 12, 2024 Town Council meeting, this public hearing was continued until April 9, 2024 and Town Staff and Town Attorney were directed to speak to LED to obtain clarification regarding temporary displays, and work with City Market regarding any additional updates or amendments. Town Attorney will update Town Council verbally during the public hearing regarding conversations with the Executive Director of LED. Today’s hearing has been properly noticed. The Applicant has been invited to be present to provide support for this application as well as answer any questions. There is a state fee associated with modification of premises applications; the Applicant has submitted this fee. Diagrams of the current premises and of the proposed area to add to the current licensed premises have been included. BACKGROUND: Regulation 47-302 Changing, Altering, or Modifying Licensed Premises. Basis and Purpose. The statutory authority for this regulation is located at subsections 44-3-202(1)(b), 44- 3- 202(2)(a)(I)(A), and 44-3-202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to establish procedures for a licensee seeking to make material or substantial alterations to the licensed premises and provide factors the licensing authority must consider when evaluating such alterations for approval or rejection. A. After issuance of a license, the licensee shall make no physical change, alteration or modification of the licensed premises that materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license without application to, and the approval of, the local and state licensing authorities. For purposes of this regulation, physical changes, alterations, or modifications of the licensed premises, or in the usage of the premises requiring prior approval, shall include, but not be limited to, the following: 1.Any increase or decrease in the total size or capacity of the licensed premises. 2.The sealing off, creation of or relocation of a common entryway, doorway, passage, or other such means of public ingress and/or egress, when such common entryway, doorway or passage alters or changes the sale or distribution of alcohol beverages within the licensed premises. For more references to Regulation 47-302 please follow this link: https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=8009&fileName=1%20CCR%20203-2 PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Permanent Modification of Premises application made by Dillon Companies LLC, d/b/a/ City Market #26.” Page 2 of 2 Thank you, Brenda MODIFICATION OF PREMISES ATTACHMENTS: The Applicant for the modification of premises has submitted the following materials:  Attachment A: Permit Application and Report of Changes (State form DR 8442)  Attachment B: Map diagram of the proposed permanent modification ATTACHMENT A ATTACHMENT B Ve l v e e t a MA G R I V E R 4' x 1 6 " x 4 8 " W H I T E P E G w / 6 " H E A D E R & E P ' s 3 ' x 1 6 " x 4 8 " W H I T E P E G w / 6 " HE A D E R & E P ' s 4' x 1 6 " x 4 8 " W H I T E P E G w / 6 " H E A D E R & E P ' s 26, 40 ' x 1 8 " x 8 4 " M A D I X W H I T E P E G w / 5 " L I T C A N O P Y & E P ' s KP N R E N D KP N R E N D 40 ' x 1 8 " x 8 4 " M A D I X W H I T E P E G w / 5 " L I T C A N O P Y & E P ' s 24 ' x 1 8 " x 8 4 " M A D I X HD W H I T E P E G w / 5 " L I T C A N O P Y & E P ' s 25, 44 ' x 1 8 " x 8 4 " M A D I X W H I T E P E G w / 5 " L I T C A N O P Y & E P ' s KP N R E N D KP N R E N D 44 ' x 1 8 " x 8 4 " M A D I X W H I T E P E G w / 5 " L I T C A N O P Y & L I T S H E L V E S 24, 52 ' x 1 8 " x 8 4 " M A D I X W H I T E P E G w / 5 " L I T C A N O P Y & L I T S H E L V E S CO S M E T I C L I T E N D KP N R E N D 52 ' x 1 8 " x 8 4 " M A D I X W H I T E P E G w / 5 " L I T C A N O P Y & L I T S H E L V E S 23, 60 ' x 1 8 " x 8 4 " M A D I X W H I T E P E G w / 5 " L I T C A N O P Y & L I T S H E L V E S 11 ' x 2 2 " x 8 4 " M A D I X B R O W N H T D E C K S & C H E E R Y B A C K S KB A R E N D KP N R E N D 60 ' x 1 8 " x 8 4 " M A D I X W H I T E P E G w / 4 0 ' o f 8 " C A N O P Y 20 ' O F 5 " L I T C A N O P Y 12 ' 5 - D E C K N A T U R A L S 64 ' x 2 2 " x 8 4 " M A D I X HD WH I T E P E G w / 4 0 ' o f 8 " C A N O P Y 24 ' O F 5 " L I T C A N O P Y 36 ' x 1 8 " x 8 4 " M A G R I V E R 25 D O O R S I C E C R E A M 6 4 ' 25 D O O R S F R O Z E N G R O C E R Y 6 4 ' FZ 2 D r s 5 ' FZ 2 D r s 5 ' 25 D O O R S F R O Z E N G R O C E R Y 6 4 ' 25 D O O R S F R O Z E N G R O C E R Y 6 4 ' FZ 2 D r s 5 ' FZ 2 D r s 5 ' 3' x 1 8 " x 8 4 " M A G R I V E R 25 D O O R S F R O Z E N G R O C E R Y 6 4 ' 7' x 1 8 " x 8 4 " M A G R I V E R Ba g C a n d y 4 ' 54 ' B E V E R A G E 5 - D E C K w / D O O R S 32 ' P E G H O O K D I S P L A Y Th e a t e r B o x 4 ' FZ 2 D r s 5 ' 6' 5 - D E C K Ce l l A c c e s s o r i e s 4 ' 54 ' x 3 0 " x 8 4 " M A D I X HD BR O W N 12 ' M A D I X QUE U I N G 18 , 52 ' x 2 2 " x 8 4 " M A D I X B R O W N 6 " E X T E N D E R S 52 ' x 2 2 " x 8 4 " M A D I X B R O W N 6 " E X T E N D E R S 17 , 8' x 1 2 " / 1 6 " x 8 4 " M A D I X S A H A R A w / G L A S S 51 ' x 2 2 " x 8 4 " M A D I X B R O W N 3' SE W / C L ID X 51 ' x 2 2 " x 8 4 " M A D I X B R O W N K/ T O W L 16 , 51 ' x 2 2 " x 8 4 " M A D I X B R O W N 51 ' x 1 8 " x 8 4 " M A D I X B R O W N 3' 15 , 52 ' x 2 2 " x 8 4 " M A D I X HD BR O W N Lo t t o Co i n S t a r 52 ' x 3 0 " x 8 4 " M A D I X B R O W N W I D E S P A N 14 , 56 ' x 2 4 " x 8 4 " M A D I X B R O W N 56 ' x 2 4 " x 8 4 " M A D I X B R O W N Cr a n e G a m e 13 , 60 ' x 2 4 " x 8 4 " M A D I X B R O W N 6 " E X T E N D E R S 4' 5 - D E C K 60 ' x 2 2 " x 8 4 " M A D I X B R O W N 6 " E X T E N D E R S 12 , MA G R I V E R 6 4 ' x 2 2 " x 9 0 " M A D I X B R O W N 6 " E X T E N D E R S Ru g D o c 64 ' x 2 2 " x 9 0 " M A D I X B R O W N 6 " E X T E N D E R S IC E 11 , MA G R I V E R Gr o c 64 ' x 2 2 " x 9 0 " M A D I X B R O W N 6 " E X T E N D E R S 4' 5 - D E C K IC E BO M 64 ' x 2 4 " x 9 0 " M A D I X B R O W N 6 " E X T E N D E R S MA G R I V E R 10 , Pr i m o 64 ' x 2 2 " x 8 4 " M A D I X B R O W N 6 " E X T E N D E R S Pr o f r e s h i o n a l s ID X Pr i m o 64 ' x 2 2 " x 8 4 " M A D I X B R O W N 6 " E X T E N D E R S Pr o f r e s h i o n a l s 9, 64 ' x 2 2 " x 9 0 " M A D I X B R O W N 6 " E X T E N D E R S St a r b u c k s W i n g 64 ' x 2 2 " x 9 0 " M A D I X B R O W N 6 " E X T E N D E R S 1' S i d e W i n g 8, 64 ' x 1 8 " x 8 4 " M A D I X B R O W N 6 " E X T E N D E R S 64 ' x 2 2 " x 8 4 " M A D I X B R O W N 6 " E X T E N D E R S 7, 64 ' x 1 8 " x 8 4 " M A D I X B R O W N 64 ' x 1 8 " x 8 4 " M A D I X B R O W N 6, 64 ' x 2 2 " x 8 4 " M A D I X HD BR O W N 64 ' x 2 2 " x 8 4 " M A D I X HD BR O W N 5, 64 ' x 2 2 " x 8 4 " M A D I X HD BR O W N 64 ' x 2 2 " x 8 4 " M A D I X HD BR O W N 4, 16 ' x 1 8 " x 8 4 " M A D I X b r o w n f e e t d e c k s peg b o a r d 60 ' x 2 4 " x 8 4 " M A D I X HD BR O W N P E G 12 ' x 1 8 " x 8 4 " V E N D O R F I X T U R E S 20 ' x 1 8 " x 8 4 " V E N D O R F I X T U R E S 20 ' x 1 8 " x 8 4 " V E N D O R F I X T U R E S 44 ' x 2 4 " x 8 4 " M A D I X B R O W N P E G 1 2 ' x 1 8 " x 8 4 " V E N D O R F I X T U R E S 44 ' x 2 4 " x 8 4 " M A D I X B R O W N P E G Sweet Goods 8' Pi c k l e & O l i v e 1 2 ' Ca n n i n g 4 34 Dr y P k e d D i n n e r s 1 2 ' Na t C o o k i e s 8 ' Co o k i e s w / S p e c 2 8 ' Sn k N u t & R M T - M i x 1 2 ' Be a n s & R i c e 1 6 ' In d i a n 4 Dr y F r u i t 8 ' Po p c o r n 8 ' To o t h p a s t e 1 2 ' Nf C h k 1d r FZ M u l t i S e r v e 6 D r s Ec o n 2 D r s FZ P o t Pi e s 2 D r s FZ P r e m i u m / N u t r i t i o n a l 1 0 D r s Me a t S n a c k s 8 ' Mu l t i - p k C C 8 ' Fr t S n k 4 ' Ri c e C a k e K- C u p 1 6 ' Br e a d En d Ol i v e O i l Nat Ve g / P o t a t o 2D r s FZ P o t a t o e s 5 D r s 32 p k Wa t e r Dr y C a t F o o d 6 ' Wa t c h U s Ha l l m a r k 8 ' We t C a t w/ T r e a t s 4 ' In s e c t 4 Sa l t y S n a c k s 7 6 ' ( 2 4 ' + 5 2 ' ) 32 p k Wa t e r 14 24 p k Wa t e r Nat S a l a d As e p t i c J u i c e 8 ' FZ V e g e t a b l e s 7 D r s Na t C e r e a l 2 4 ' N o - D a i r y 8 ' Nat H o t C 11 DI S P L A Y Br o t h / S t o c k / D r y 8 ' 9 DI S P L A Y GR O Li n e 6 GR O Li n e 5 GR O Li n e 4 3F t Co f f e e En d Na t C e r e a l B a r s 8 ' Co n v e n i e n t M o r n i n g F o o d s 1 6 ' Nat C a n d yCa n d y 3 2 ' RT E C e r e a l T o t a l w / K i n g S i z e 5 6 ' Nat M e x 4Tr a d i t i o n a l / A u t h M e x 3 2 ' Cr a c k e r s w / S p e c 2 0 ' As i a n E x p w / N a t 2 4 ' St a r b u c k s 1 2 ' Ta b l e T o p 1 6 ' Ho s i e r y 4 'Fo o t 4 ' Re a d y t o S e r v e 1 2 ' Ca n F r u i t 1 2 ' Nat S o u p & B r o t h 8 Tobacco Cigarette ST A R B U C K S SE A T I N G Sp o r t s N u t r i t i o n 2 8 ' En e r g y D r i n k s 1 2 ' CO F F E E RT D T E A 2 4 ' Na t S o d a 8 ' Ba t h T i s s u e 3 1 ' En e r g i z e Yo u r D a y 4' Sp e c S o d a 8 ' Na p k i n Fo o d S t o r a g e 8 ' STARBUCKS Nt P P B u l k 8 ' Pr o b i o t i c s 6 ' KB A R KB A R We l l n e Wellness 7' Wellness 8' Hand/Body/F Wellness 8' Hair Care 8' 8'x16"x66"BLACK HT DECK Qu i c k C l e Ch a r c o a l / C o o l e BO O T H 8'x16"x66"BLACK HT DECK 8'x16"x66"BLACK HT DECK 8'x16"x66"BLACK HT DECK 8'x16"x66"BLACK HT DECK Hand/Body/F FZ Pr o m o 2D r s 5 ' 8'x16"x66"BLACK HT DECK BathSoap Soap 8'x16"x66"BLACK HT DECK Wellness 36' En h a n c e d Vi t a W a t e r 8 ' Br o o m & Mo p Sh o e 4 ' NA T DR I N K S NA T 6 NA T 5 Fr i t o L a y Ko s h e r 4 ' 12 En e r g y B a r s 2 0 ' Di s h D e t e r g e n t w / S p o n g e s 1 2 ' 8 SI N G L E CA N D Y EN D Na t C h i p s 2 4 ' Te a w / N a t 2 0 ' Po w d e r e d B e v 8 ' BU B L Y Na t B a g S n k 8 ' Sa l t y S n a c k s 7 6 ' ( 5 2 ' + 2 4 ' ) Wh s e S n k s 8 ' SA N PE L L PE P S I 12 P K Fa c i a l T i s s u e 7 ' Bath FZ D e s s e r t s & T o p p i n g s w/ N a t 4 D r s FZ F r u i t & S m o o t h i Pi z z a 1 5 D FZ B r e a d w / P a s t a 4D r s Na t B r e a d 3D r s Me a t l e s s w / N a t 3 d r BE E R EN D 1718 FZ S N A C K / I N T E R N A T I O N A L 6D R S NF S n a c k 2D Na t S o a p 8 ' FZ S e a f o o d 2 D r Ch i l l e d Wi n e 6 24' DAIRY 5-DECK Ref Cheese 24' 23 24 P. 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A v o n , C O 8 1 6 2 0 ) Li n e # 4 Se m i Pe r m 1 Li n e # 5 Cl e a n up Li n e 3 Sh a r e 2 Sh a r e 1 RE S T R O O M S PH A R M A C Y CO N F E R E N C E RO O M & O F F I C E S PI C K - U P BAKERY FZ Pr o m o 2D r s 5 ' 8'x16"x66"BLACK HT DECK EC R Health Station Vitamins 24' Ey e C a r e Fi r s t A i d 1 2 ' Na t D r i n k 6 Dairy 5Drs 5 DOORS 12' REAR-LOAD Fa c e 1 2 ' Wr a p s 4 Sh a m p o o & C o n d i t i o n e r s 2 4 ' Su n c a r e w 20 Re d u c i n g A i d s 2 0 ' Ad u l t N u t 1 2 ' A n t a c i d s / L a x 1 2 ' Sp e c B a t h 8 ' Sm o k e 4 ' Lo t i o n 8 ' Pe d 4 ' Hi s p E t h n 22 No v e l t i e s w S S 7 D r s FZ N a t I c e CFZ P i n t s 4 D r s F Z I c e C r e a m 1 2 D r s De n t u r e 4 Tr i a l S i z e 8 ' He r D e o wHe r S h a v e 8 ' Po w & L i q L a u n d r y D e t 2 8 ' Hi s S h a v e 8 ' Hi s D e o 8 ' Hi s H a i r 4 To y s 8 ' Ai r C a r e 7 ' Mo u t h w a s h 8 ' 19 Bb y G M 4 Ba b y F o o d w / N a t 1 6 ' Ba b y W i p e s 8 ' Pe r s o n a l C a r e 1 6 ' Ha r d w a r e Fe m H y P a d s 2 0 ' Bb y H B A 21 St a t i o n e r y 1 2 ' El e c t r i c 4Li g h t b u l b s Ho u s e h o l d C l e a n i n g 2 4 ' Co o l e r 6 ' Ma r k d o Co n d e n s e d S o u p 8 ' Gl u t F r e e 8 ' Fo i l w a r e C a k e D é c Ba k i n g M i x 1 6 ' 5 Na t B a k e 8 ' Ap o t h 4 ' Di a b e t i Re f r i g e r a t e d B e e r 5 4 ' LA CR O I X BA T T E RY Fl o u r w / C o a t i n g s 1 2 ' To r t i l l a En d Au t o 8 ' Na t D i n n e r & R i c e 1 6 ' 7 Ap p l e s a u c e 8 ' Na t E n t r e e s 5 D r s Eu r o p e a nHo t C e r e a l 1 2 ' Gi f t C a r d Nat C r a c k Pa n c a k e & S y r u p 8 ' To r t i l l a En d 10 Pa p e r T o w e l s 2 0 ' FL O R A L NA T 2 2 Pa s t a S a u c e n o P a r m 2 0 ' Nt P a s t a / S a u c e Dr y P a s t a w / S p e c i a l t y 2 4 ' Ra m e n 8 ' D r y C h e Pi z z a 4 ' Dr y S a u c e & G r a v y P o t a t o e s & S t u f f i n g Ca n M e a t 8 ' C a n P a s t a 8 ' C a n S e a f o o d 8 Ca n T o m a t o e s 1 6 ' Nat V e g & Oi l & S h o r t e n i n g w / N a t 1 2 ' Sa l a d D r e s s i n g 1 6 ' Cr o u t o n s 4Na t C o n d i m e n t s 8 ' Br e a d 2 0 ' HS W C o m b o 1 6 ' C o n d i m e n t s 1 6 ' B r e a d 2 4 ' Oral Baby/F SS J u i c e 2 4 ' Nt J u i c e Co c o a 4 Da z B o g Ca n / C r e a m / I n s t / F i l t 1 2 ' Ba g C o f f e e 1 6 ' CO K E 12 P K Br e a k f a s t W J u i c e 8 D r MEAT GROCERY FREEZER DELI CS D S o f t D r i n k s 5 2 ' Ga l w / F i l t e r s 1 6 ' Mu l t i - P a c k W a t e r 2 4 ' PB J w \ N a t u r a l s 2 8 ' Co n e s To p p i n g s CO . P r o u d RT S D e s sKo s h 1D r Nf B r k 2d r FZ C h i c k e n 4 D r s CO . P r o u d Sa d d l e B a Sa d d l e B a Sa d d l e B a Sa d d l e B a Sa d d l e B a Sa d d l e B a Sa d d l e B a Sa d d l e B a Sa d d l e B aSa d d l e B a Sa d d l e B a Sa d d l e B a FZ A s i a n 2D r s FZ Pr o m o 2D r s 5 ' Na t P i z z a 3D r s Ki t c h e n & T r a s h B a Fo i l & W r a p 8 ' La u n d r y A d d it i v e s 8Bl e a c h 8 ' Creamer 3dr Aeros ol Speci alty ATTACHMENT B AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MARCH 12, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in person and virtually, via Zoom.us. Chair Amy Phillips called the Avon Liquor Licensing Authority Meeting to order at 5:00 p.m. A roll call was taken, and Board Members present in person were Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, Vice Chair Tamra Underwood, and Chair Amy Phillips. Board member Chico Thuon joined the meeting in person at 5:07 p.m. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Nina Williams, Chief Administrative Officer Ineke de Jong, and Local Liquor Licensing Authority Secretary Miguel Jauregui Casanueva. 2. APPROVAL OF AGENDA Video Start Time: 00:01:06 Without deliberations, Vice Chair Underwood motioned to approve the Liquor Licensing Authority Agenda as presented. Board member Andrade seconded the motion. The motion was approved with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:25 There were no conflicts of interest disclosed related to the Agenda. 4. PUBLIC COMMENT – COMMENTS A RE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:01:25 Chair Phillips explained that public comments can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She 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, and no public comments were made. 5. PUBLIC HEARING FOR REPORT OF CHANGES -MODIFICATION OF PREMISES Video Start Time: 00:01:49 5.1. Applicant Name: Dillon Companies LLC d/b/a City Market #26 Location: 0072 Beaver Creek Place Type: Fermented Malt Beverage Off Premises (City) Manager: Pavel Pavlov After a brief introduction to the modification of premises application, Town Manager Eric Heil noted there have been concerns around the use of temporary displays at City Market in Avon. He added that the request for an expanded premise modification is an opportunity to address these concerns. Mr. Adam Stapen of the Law Firm of Dill and Dill took the podium virtually on behalf of the applicant Dillon Companies LLC d/b/a City Market Store #26. He was joined by Ms. Alina Brusilovsky, Merchandising Special Assignment Manager with King Soopers City Market. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MARCH 12, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 Ms. Brusilovsky noted that they have received feedback from their consumers requesting to expand their permanent display of alcohol. Mr. Stapen added that their intention is to expand the permanent display and continue with their use of temporary displays throughout the store which he claimed are statutorily allowed and satisfy the needs and desires of the community in Avon. Mr. Stapen stated that City Market is not willing to curtail the use of temporary displays as a part of the expansion of their permanent displays. Questions from Council included requesting statistics for alcohol theft at the store, differences between the permanent and temporary displays, if the diagram submitted in their application is correct and reflects current displays of alcohol given that the existing size of the wine wall at the produce section of the grocery store, and if they have received comments from those trying to stop drinking over concerns of the placement of temporary displays of alcohol throughout the store which make alcohol unavoidable. Town Attorney Nina Williams asked Mr. Stapen if there is a law or statute that permits the display of alcohol throughout the entire store and Mr. Stapen advised it is not a law but the interpretation of a regulation through a Bulletin issued by the DOR, and that the entire premises is licensed for the temporary display of alcohol, allowing them to place temporary displays of alcohol throughout the entire store. Ms. Williams noted that the interpretation of temporary displays of alcohol defies logic and the reason to have a permanent display given that their use of temporary displays circumvents mandatory placement of alcohol at permanent displays. Chair Phillips asked if there was any public comment from those present in the room or virtually, and Mr. Tim McMahon, resident of Avon took the podium to state that he can walk into City Market, easily grab a wine bottle, and walk out of the store without ever encountering a City Market employee, making ideal for theft of alcohol by minors. No other public comments were made in person nor virtually. Councilor Thuon thanked City Market for the service they provide the community of Avon, and stated he wants a fair playing field between City Market and its competitors. He added he agrees with public comment that it is easy to steal from the store and is surprised by the theft statistics provided during the hearing, adding he would like more data of alcohol theft from the City Market location specific to Avon. Vice Chair Underwood agreed that the public is being inundated with wine offerings everywhere at the Avon City Market and it is disrespectful of those who just want to buy groceries at the grocery store. She added it appears to lead back to the misuse of the temporary display loophole which does change the character of the premises. Ms. Underwood highlighted that City Market is currently using an additional 22 linear feet for a total of 66 linear feet in their permanent display which exceeds the approved 44 linear feet for their existing permanent display and is already a violation. She asked City Market representatives to provide a corrected diagram that properly requests for the approval of 66 linear feet in their permanent display since it is what they are using. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MARCH 12, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 3 Town Manager Eric Heil suggested this public hearing be continued to April 9, 2024, so that additional information can be collected relating to the temporary displays bulletin and the issues raised in the hearing. Vice-Chair Underwood moved to continue the Permanent Modification of Premises application made by Dillon Companies LLC, d/b/a/ City Market #26 to the April 9, 2024 Liquor Board Hearing. Board member Stanley seconded the motion. The motion was approved unanimously with a 7-0 vote. 6.APPROVAL OF THE MINUTES FROM JANUARY 9, 2024 MEETING Video Start Time: 00:37:27 Board member Andrade motioned to approve the Minutes from Tuesday, January 9, 2024, as presented. Board Member Hardy seconded the motion. The motion was approved unanimously with a 7-0 vote. 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) 8. ADJOURNMENT The Avon Liquor Licensing Authority Meeting adjourned at 5:38 p.m. These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority 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, Authority Secretary APPROVED: Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Rich Carroll Lindsay Hardy RJ Andrade Chico Thuon (970) 748-4022 btorres@avon.org AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Deputy Town Clerk Date: April 4, 2024 Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for administrative approval include that the application is complete, there is no new criminal activity on the background and there are no liquor code violations during the last year. Renewals require notice to be posted for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer the application to the Avon Town Council. The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating back to March 12, 2024, the Town has received 4 Renewal and 1 Report of Changes Applications that have met all the requirements for administrative review and approval and were ultimately approved by the Deputy Town Clerk. No comments, complaints, or request for hearings were received. They are as follows: Renewals: Applicant: Fiesta Jalisco Numero Tres LLC d/b/a Fiesta Jalisco Location: 240 Chapel Place #B12 Type: Hotel & Restaurant (City) Manager: Jose Rodriguez DOB: 12/11/1955 Applicant: Pho 20 LLC d/b/a Pho 20 Location: 47 Beaver Creek Blvd Unit C13 & C14 Type: Hotel & Restaurant (City) Manager: Cong Hoang DOB: 12/02/1982 Applicant: Sky and Cloud, LLC d/b/a Ein Prosit Fine Beers and Sausages Location: 82 E Beaver Creek Place Suite M107 Type: Hotel & Restaurant (city) Manager: Jake Fussell DOB: 01/13/1992 Renewal and Change of Manager: Applicant: China Garden INC d/b/a China Garden Location: 100 W Beaver Creek Blvd #125 Type: Hotel & Restaurant (City) New Manager: Shervin Rezaie DOB: 10/14/1983 Your community. Your co-op. Your choice. HCE’s Clean Energy Journey (so far) Bryan Hannegan, President and CEO About Holy Cross Energy 275 MW Peak Demand 3,100 Miles Distribution Lines 120 Miles Transmission Lines 170 Employees Founded in 1939, we serve more than 46,000 members in scenic Western Colorado with: In 2023, 50% of our power supply came from wind, solar, biomass and hydroelectric power, as well as coal mine methane recovery. Holy Cross Energy (HCE) provides safe, reliable, affordable and sustainable energy and services that improve the quality of life for our members and their communities. 2 Our Journey to 100% Clean Energy Cleaner Wholesale Power Local Clean Energy Resources Distributed Energy Resources Smart Electrification Continue our existing agreements for energy from local biomass, hydro, and solar projects Incorporate new, clean, dispatchable resources into HCE’s power supply mix. Support installation of at least 4 MW per year of new rooftop solar systems. Encourage the expanded use of electricity for transportation, building heating and cooling, and industrial processes. Energy Efficiency Obtain an additional 0.25% per year in reduction of electric sales from existing uses. These actions will allow HCE to achieve its vision of: •Carbon-neutral or better across the enterprise by 2035 in a way that does not sacrifice affordability, safety, or reliability for the sake of sustainability. •100% carbon-free power supply by 2030 3 Our Progress Thus Far New Resources Developed or Under Contract: Eastern Colorado •150 MW wind •30 MW solar HCE Service Area •5 MW solar •4.5 MW hydro •4.5 MW/15 MWh solar+storage •10 MW/20 MWh solar+storage •10 MW/20 MWh solar+storage 4 •Significant new forms of supply variability (and financial risk) •In general: •oversupply during midday solar production peaks •oversupply during low demand overnight hours •undersupply during peak demand hours (mornings and afternoons) •Role of distribution utility becomes one of balancing •flex demand to meet available supply (+ stored energy) •opportunity for DERs Implications of High Renewables 5 Clean Power Systems Need Flexibility Flexible Demand Supports the Grid Pre -cool/heat buildings and charge EVs when wind/solar plentiful Allow building to “ride through” peak Discharge from batteries to address PM solar ramp (incl. V2G) Source: RMI Distributed Energy Resources (DERs) can provide important services to help balance supply and demand 6 Building Decarbonization is Key Source: Building Decarbonization Network, 2024 Thermal Networks Fit a Future Need When renewable electricity is in excess, use it to heat up fluid in the thermal loop to provide energy services When renewable electricity is short, use the thermal network to reduce demand on the electricity supply Join us on our Clean Energy Journey For more information – www.holycross.com Follow us on X & Facebook Bryan Hannegan President and Chief Executive Officer LinkedIn - bhannegan “Preserving and restoring natural resources by collaborating, educating and cooperating for conservation” ●9 Producers ●+500 acres ●50/50 cost -share: Improve soil health practices ●Equipment funds ●Soil health workshops STAR+ Program Saving Tomorrow’s Agricultural Resources Agriculture Drought Resiliency Program 2022 Drought Stimulus ●13 projects ●Up to $10,000/project ●Headgates, flumes, pipes Beyond Lawn Program Incentivizing Waterwise Landscaping ●Landscape & Irrigation Evaluations ●Turf Replacement & Irrigation System Rebates ●Demonstration Gardens ●DIY Workshops ●HOA Outreach Native, Resilient Tree Seedlings and Grass & Wildflower Seed America the Beautiful Noxious Weed Cost Share Program ●75/25 Cost Share ●Up to $2,000 ●Eradicate noxious weeds ●Revegetate with native & resilient grasses Managing Rangelands with Virtual Fencing NRCS Conservation Innovation Grant ●9 local ranchers ●3,000 cows collared ●9 base stations ●48 test plots ●400,000 acres of coverage Eagle County Conservation District Opinion Survey Proposed Mill Levy Minimal Mill Levy to Conserve Eagle County’s Natural Resources 0.15 Mill Levy Rate $1 Million Typical Home Value $10 Annual Cost per Property Total Assessed Value $4,405,077,090 ●x 0.15 Mill Levy Rate Mill Levy Revenue $660,761 ECCD Annual Budget THANK YOU! Contact Info Laura Bohannon (970) 445 -0307 EAGLECOUNTYCD@GMAIL.COM 970.748.4011 dplace@avon.org TO: Honorable Mayor Phillips and Council members FROM: Derek Place, Chief Building Official Emily Block, Development Coordinator RE: PUBLIC HEARING: First Reading of Ordinance 24-07 Updates to Exterior Energy Offset Program DATE: April 9, 2024 SUMMARY: Avon has been a leader in Eagle County with adopting policies that support decarbonization and encouraging sustainable and energy-efficient solutions for energy usage. This memo provides an overview of Ordinance 24-07 (“Attachment A”), drafted to approve updates to update Avon’s Exterior Energy Offset Program (“EEOP”), originally adopted in 2015. The amendments were developed in partnership with the Eagle County Codes Cohort (the “Cohort”). Amendments to the EEOP would implement a new calculator to determine EEOP fees. RESPONSE TO QUESTIONS FROM FEBRUARY 27 COUNCIL MEETING: At the February 27th Council meeting, several council members brought up important questions regarding these proposed changes. Firstly, it is important to note that these changes would only apply to NEW/future construction projects. Changes to EEOP fees would take effect for permits issued on or after May 1, 2025. Secondly, there was discussion regarding the possible addition of a hardship clause to the Ordinance. Upon further discussion with staff and industry experts, the idea was brought forward to implement a hardship clause only for commercial construction, and only pertaining to the limitation of 6,000 square feet of snowmelt. It would ultimately be left up to Council to determine whether or not a hardship exists that would eliminate this limitation for commercial construction projects. The Town of Avon has a lofty goal of 80% greenhouse gas emission by 2050, and offering the option of waiving or lessening these EEOP fees for future construction projects would be at odds with this goal. A “hardship” is somewhat difficult to define, and one could argue that most hardships pertaining to EEOP fees can be alleviated with a change in design. The purpose of the EEOP program is to encourage developers to think creatively, and to come up with alternative designs that do not result in a significant carbon footprint. Although this is not defined as a “hardship”, it is worth noting that the suggestion to exempt ADA pathways has been added into the Ordinance. BACKGROUND: In 2015 the Town adopted the EEOP provisions into the Building Code. These standards are designed to encourage sustainable and energy-efficient solutions for residential exterior energy uses such as snowmelt systems, pools, spas, etc. The program places a fee on new snowmelt, spa, hot tub, and pool projects based on square footage. Those fees are placed in a dedicated EEOP fund, which is to be used for purposes that further our renewable energy initiatives (as stated in Avon Municipal Code Section 15.27.030). Currently, there is a balance of approximately $204,000 in the EEOP fund. Historically, these expenditures have been given to Walking Mountains Science Center and a portion has put towards the Energy Smart Colorado rebates that they administer, funneling back into our community. The EEOP fund year balance is included for the past four years: EEOP – Ordinance 24-07 Page 2 of 5 Within the Cohort, Avon, Minturn, and Eagle County have existing EEOP requirements in place. Basalt has adopted the Renewable Energy Mitigation Program (“REMP”) (certain municipalities have adopted this name for the program whereas others have continued to call it the EEOP, including Avon). Eagle County’s Eco-Build regulations from 2006 similarly assess fees for snowmelt, spas, and pools to offset residential exterior energy uses. Eagle County regulations require building owners to offset at least 50% of the energy required to operate these amenities through on-site renewable energy generation, or by paying a calculated fee. Avon and Minturn’s adopted EEOP program mirrors the County’s program, currently requiring 50% offset. EEOP/REMP ADOPTION STATUS: Below is a table showing communities and their respective EEOP/REMP adoption status and/or proposed timeline for adoption. Keep in mind this is not a comprehensive list: Community Current EEOP Adopted Offset Required Plans for UPDATED EEOP Adoption Proposed Adoption Timeline Avon Adopted 50% In progress Q2 2024 Basalt REMP Calculated based on HERS rating Adopted NA Breckenridge REMP 100% Adopted N/A Crested Butte REMP 100% Adopted N/A 2020 2021 2022 2023 Expenditures: Actuals Actuals Actuals Actuals 2020 Energy Smart Colorado Program Management 6,000 Revenues Annual Fees 6,000 Licenses and Permits:2020 Totals 12,000$ Exterior Energy Offset Fee 59,760$ 8,434$ 129,984$ 36,450$ 2021 Energy Smart Colorado Program Management 6,000 Total Revenues 59,760 8,434 129,984 36,450 Annual Fees 6,000 2021 Totals 12,000$ Expenditures Current:2022 Home Energy Assessment Rebates 14,440 Community Development 12,000 12,000 26,940 23,832 Annual Fees 12,500 2022 Totals 26,940$ Total Expenditures 12,000 12,000 26,940 23,832 YTD 2023 Home Energy Assessment Rebates 13,832 Net Change in Fund Balances 47,760 (3,566) 103,044 12,618 Annual Fees 10,000 2023 Totals 23,832$ Fund Balances, Beginning of Year 65,044 112,804 109,238 212,282 Fund Balances, End of year 112,804$ 109,238$ 212,282$ 224,900$ Exterior energy Offset Fund EEOP – Ordinance 24-07 Page 3 of 5 Eagle (Town of) EEOP 50% Adopted Updated EEOP N/A Eagle County EEOP 50% In progress 2024 – beginning discussions now (spring 2024) Frisco N/A 100% REMP In Progress Spring 2024 Minturn EEOP 50% Not planning to adopt update. Current EEOP is still in place. NA San Miguel County REMP 100% N/A N/A Summit County N/A 100% REMP In Progress 2024 Telluride REMP 100% N/A N/A Vail EEOP 50% TBD – discussing with Planning & Environmental Commission TBD PROPOSED CHANGES TO CURRENT EEOP: The EEOP provisions enforced by Eagle County, Avon, and Minturn have not changed since 2006, and the program in place today still relies on old data. REMP, on the other hand, has been continually updated with better or more recent data and analysis tools, which are now used across the State in mountain communities who have adopted these regulations. Since the initiation of the ECO-Build/EEOP program, there have been changes in snowmelt design standards in accordance with the American Society of Heating, Refrigeration, and Air-Conditioning Engineers (“ASHRAE”), municipal and state emission reduction goals, and with advancements in the energy tech industry. These changes, along with the desire to align exterior energy use regulations with regional partners and industry standards, serve as the main impetus for the recommended changes to Eagle County’s EEOP, which were derived through a consensus-based process with the Eagle County Code Cohort. For more details on the Cohort process and outcomes, see the accompanying memo here. EXTERIOR ENERGY USE CALCULATOR: In order to update the EEOP and provide a more fine-tuned method for determining the fee collected to install these systems that use exterior energy, the Cohort EEOP – Ordinance 24-07 Page 4 of 5 recommends adopting an exterior energy use calculator developed by REG Engineering. REG Engineering is an engineering firm based in Crested Butte, CO that has positioned themselves as a key partner in high- performance, energy-efficient building. The proposed EEOP Calculator is linked on the Town of Avon website on the Building page, and can be accessed via this link. The EEOP calculator is currently in use for all other exterior energy use programs, including the REMP programs outside of Eagle County. This calculator tool includes all of the updates recommended by the Cohort and has more sophisticated engineering calculations that will help the EEOP be more effective while providing robust backup or data to support its enforcement. The recommended changes from the Cohort, captured in the new calculator tool, include the following: 1. Update assumed energy use of the snowmelt system to align with REMP (Pitkin County, Basalt, Aspen, and more) and current ASHRAE standards. This update would change the assumed energy use for snowmelt from 34,425 BTUs / ft2 to 82,863 BTUs / ft2 for residential applications. 2. Rather than a fee-in-lieu based on cost of operation to run the system over the lifetime of the equipment, the fee-in-lieu should align with the local cost of installing solar as an offset and should be recalibrated every three years. 3. Gas fireplaces and firepits will be considered exterior energy uses. The Code Cohort has come to a consensus that energy use of these appliances must be offset 100%, but ultimately it is up to local municipalities to determine this percentage. 4. Air-source and ground-source heat pumps may be used as on-site credits similar to installing solar PV on the property. CURRENT VS REVISED CALCULATOR EXAMPLES: The following demonstrates EEOP fees using the current vs. proposed calculation method for current and proposed projects within the Town of Avon: Project Name/Commercial or Residential Exterior Energy Usage Current EEOP Fee Proposed EEOP Fee Total Construction Valuation EEOP Fee Percentage of Construction Cost (proposed fee) PV Required to Offset Dual Brand Hotel (C) 91 SF Spa 373 SF Pool 310 SF Snowmelt $57,240 $67,719 $34,500,000 0.2% 19.35 KW Stonebridge Suites (C) 15,350 SF Snowmelt 91 SF Spa (Example using Dual Brand Hotel #’s) 373 SF Pool (Example using Dual $297,880 $885,113 Est. $50-75 Million 1.4% 252.89 KW EEOP – Ordinance 24-07 Page 5 of 5 Brand Hotel #’s) New Construction in Mountain Star (R) 2,035 SF Snowmelt $29,360 $56,513 $3,094,160 1.8% 16.15 KW Pool & Hot Tub Addition in Mountain Star (R) 800 SF Pool 79 SF Spa $111,440 $100,942 $954,000 10% 28.84 KW OPTIONS: •Approve First Reading as drafted, and set Public Hearing for April 23, 2024 •Approve First Reading, with amendments, and set Public Hearing for April 23, 2024 •Continue to another future meeting. •No action PROPOSED MOTION: "I move to approve 1st reading of Ordinance 24-07, formally adopting the proposed changes to the Town of Avon EEOP program." Thank you, Derek and Emily ATTACHMENT A: Ordinance 24-07 ATTACHMENT B: Eagle County 2023 EEOP Calculation Directions ORDINANCE NO. 24-07 AMENDING CHAPTER 27 OF TITLE 15 TO UPDATE THE TOWN’S EXTERIOR ENERGY OFFSET PROGRAM WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to such authority, the Town has previously adopted Title 15 of the Town of Avon Municipal Code (“Code”), regarding Buildings and Construction and, more specifically, Chapter 27 of Title 15, concerning the Exterior Energy Offset Program (“EEOP”); and WHEREAS, the Town Council adopted the Climate Action Plan 2020 Update with the stated priority goal of adopting building code standards that are consistent throughout the region; and WHEREAS, the Town Council now wishes to amend Chapter 27 of Title 15 of the Code to update Avon’s EEOP, originally adopted in 2015, pursuant to the Town’s partnership with the Eagle County Codes Cohort (“Cohort”); and WHEREAS, these updates to Chapter 27 of Title 15 of the Code would implement a new calculator to determine EEOP fees; and WHEREAS, the Town of Avon wishes to remain a leader in Eagle County by adopting policies that support decarbonization and encouraging sustainable and energy-efficient solutions for energy usage; WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Exterior Energy Offset Program (“EEOP”) Amendments. The Town Council hereby approves the following amendments to Chapter 27 of Title 15 of Avon Municipal Code, to read as follows: ATTACHMENT A 15.27.010 Intent and Purpose. The purpose of the Exterior Energy Offset Program ("EEOP") Chapter is to encourage sustainable, energy efficient, exterior heating solutions that conserve energy and natural resources. 15.27.020 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi-family exterior energy uses including but not limited to snowmelt, spas, and pools. The completed EEOP form must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department of Housing are exempt. The standards in this Chapter apply to all new residential and commercial exterior energy uses, as defined in the International Energy Conservation Code, including snowmelt, spas, pools, and outdoor fire pits/fireplaces. Credits may be applied for existing and new alternative energy use systems pursuant to Chapter 15.27.50. 15.27.030 Fees and EEOP Fund Created Scope. The scope of this Chapter relates to exterior energy uses and energy production to offset exterior energy use. Compliance with this section is documented via the applicable version of the Public Domain tool “EEOP Calculation Sheet” in effect at the time of permit application, which will be submitted by the applicant with the building permit application. This tool is available at the Community Development Office and on the Building page at the Town of Avon website. Projected energy use, associated energy offset required, fees, and credits are defined within this tool. (a)EEOP considers exterior energy uses over a nominal amount as identified below. Fees are based on average British Thermal Units (BTUs) required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s) pre-exist or are installed on-site prior to completion of the amenity which generate the equivalent of 50% of the energy needed for the exterior energy use. Any partial renewable offsets and/or energy efficiency rebates earned may be credited accordingly. System design, calculations, and field inspection are required and must be verified by the Building Official. (b)The following EEOP fees shall apply at the time of Building Permit: (1) Snowmelt over 200 square feet: $16.00 per square foot (2) Spa/hot tub over 64 square feet: $176.00 per square foot (3) Exterior pool: $136.00 per square foot For example, if 500 square feet of snowmelt was proposed on a residential property, where 200 is exempt, 300 x $16 per square foot = $4,800. 15.24.040 – Severability Provision EEOP Fund Created. (a)EEOP Fund Created (1) All EEOP fees shall be calculated through the “EEOP Calculation Sheet,” and shall apply as of the time of Building Permit issuance. No refund of fee payment shall be made to an applicant for installation of renewable energy production that exceeds the on-site renewable credits required pursuant to Chapter 15.27. An administrative reduction or waiver of EEOP fees may occur when reasonable alternatives are not available for ADA access. An applicant seeking such reduction or waiver of EEOP fees shall submit a written statement justifying their request at the same time they submit their affected Building Permit application. A written request for a reduction or waiver of EEOP fees related to ADA access shall be reviewed, approved, or denied by the Town Manager or their designee in writing and including the reasoning for such approval or denial. Fees collected at the time of a Building Permit issuance submission are placed in the Town of Avon EEOP fund to create financial assistance, rebates, and incentives to promote energy efficient projects elsewhere within the Town of Avon. (2) The EEOP Fund will be utilized as follows: The Town of Avon EEOP Fund will be managed by the Town Manager or their designee and such designee may be determined by Resolution of the Town Council of Avon. Expenditures of EEOP funds shall be used for the following purposes: (a) To provide educational materials and outreach for Town of Avon residents, businesses, employees, and building owners including, but not necessarily limited to, printed guides, efficient building educational events, a webpage with available resources, links, and information. (b) Planning, design, and implementation of renewable energy generation projects. (c) Providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects. (d) Funding other resources and administrative costs associated with green building and environmental sustainability oriented efforts. (e) Special consideration is given to projects that positively affect occupants of local affordable housing or low income residents in Town of Avon. 15.27.040 Severability Provision EEOP Fund Created. Should any provision of the EEOP be declared by a court of competent jurisdiction in any final judgment to be invalid, unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. 15.27.050 Exterior Energy Use Requirements and Credits. (a) Exterior Energy Uses. Residential, Commercial, and Governmental exterior energy uses (per list below) may be installed only if the building project meets the requirements of Section 15.27.050. The completed “EEOP Calculation Sheet” must be submitted along with the subject building permit application seeking installation of such exterior energy uses. Exception: Mobile Home units approved by the Colorado Department of Housing are exempt. 1. Snowmelt (i.e.: driveways, patios, walkways, or similar surfaces). Exception: i. Snowmelt systems 200 sq ft or less. 2. Exterior pools. 3. Exterior spas. Exception: i. Exterior spas 64 sq ft or less. 4. Outdoor fireplaces. (b) Snowmelt Systems. All snowmelt systems shall be installed in accordance with the following provisions. The first 200 square feet of snowmelt are exempt from the requirements of Section 15.27.050. 1. The maximum area of snowmelt is capped at 6,000 square feet per parcel. 2. R-15 insulation shall be installed under all areas to be snowmelted. 3. Automated controls that have the following capabilities: a. Limit operation to only when moisture is present;. b. Limit operation to when the outdoor air temperature is between 20 and 40 degrees F;. c. Be configured to shut the system off when the surface temperature is above 50 degrees F;. and d. Idling shall only be permitted for commercial applications where public safety is shown to be a factor. 4. Snowmelt heating appliances such as, but not limited to, condensing boilers shall have a minimum efficiency of 92% AFUE. Electric resistance and heat pump heaters shall be permitted. Where condensing boilers are used, the boiler supply water temperature shall be a maximum of 130 degrees F to allow for efficient boiler operation. (c) Exterior Pools. All exterior pools shall be installed in accordance with the following provisions. 1. Pool covers are required for all pools, with a minimum R-value of 2;.and 2. Pool heating appliances shall have a minimum efficiency of 92% AFUE. Electric resistance and heat pump heaters shall be permitted. Where condensing boilers are used, the boiler supply water temperature shall be a maximum of 130 degrees F to allow for efficient boiler operation. (d) Exterior Spas. All exterior spas shall be installed in accordance with the following provisions. The first 64 square feet of spa are exempt from the requirements of section 15.27.50. 1. Spa covers are required for all spas, with a minimum R-value of 12. 2. Spa heating appliances shall have a minimum efficiency of 92% AFUE. Electric resistance and heat pump heaters shall be permitted. Where condensing boilers are used, the boiler supply water temperature shall be a maximum of 130 degrees F to allow for efficient boiler operation. (e) Credits for Exterior Energy Use. Applicants interested in exterior energy use systems can alternatively choose to produce on-site renewable energy or use all-electric energy efficient technology via an air source heat pump or ground source heat pump to earn credit towards their exterior energy use offset. Credits for renewable energy production and high efficiency all-electric heating systems shall be calculated and applied per the “EEOP Calculation Sheet'' for energy generated and systems installed onsite. Renewable energy methods listed in the calculator include: solar photovoltaic panels, solar thermal arrays, and hydroelectric and wind power. High efficiency heating systems listed in the calculator include: ground source heat pumps (GSHP) and air source heat pumps (ASHP). Provision for alternative method calculations, including off-site renewable energy methods, is also provided, and will require specific review and approval by the Building Official. (f) Solar Photovoltaic Systems. System designer/installer shall be certified by COSEIA (Colorado Solar Energy Industries Association) NABCEP, (North American Board of Certified Energy Practitioners), or a licensed Professional Engineer in the State of Colorado. (g) Solar Hot Water. The size of solar hot water systems is limited to 500 square feet of collector area unless otherwise approved by the Building Official. Systems larger than this limit will be considered but will require documentation showing year-round utilization of this larger system. (h) Ground Source Heat Pump. In order to use a ground source heat pump (GSHP) for on- site renewable credit, the GSHP system must supply at least 20% of the peak load for heating the building and all the exterior energy uses. Each GSHP system shall be tested and balanced and the design engineer shall certify in writing that it meets or exceeds a design coefficient of performance of 3.0 inclusive of source pump power. Design conditions for determining COP will be: 30F ground loop temperature measured at the GSHP inlet and 110F GSHP load side outlet. The ground loop system must be designed by a CGD (Certified GeoExchange Designer) certified by the Association of Energy Engineers, a Professional Engineer licensed in the State of Colorado, or an IGSHPA (International Ground Source Heat Pump Association) certified designer. The mechanical system must be installed by a certified IGSHPA contractor. 15.27.560 Severability Provision. Should any provision of the EEOP be declared by a court of competent jurisdiction in any final judgment to be invalid, unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. The updated requirements set forth in this Ordinance shall apply to all Building Permits submitted to the Town of Avon beginning May 1, 2025 forward. Section 5. Safety Clause. The Town Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on April 9, 2024, and setting such public hearing for _____________________ 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 _____________________. BY: ATTEST: ____________________________ ____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Eagle County EEOP Directions EEOP Calculator Sample Project Video Table of Contents Part 1: Pre-Directions:................................................................................................................... 2 Part 2: REEOP & CEEOP Directions:............................................................................................3 Part 3: On-Site Renewable Credits Calculation.............................................................................6 Part 4: Ground Source or Air Source Heat Pumps........................................................................7 Part 5: Solar PV.............................................................................................................................9 Part 6: Alternative Renewable Energy Sources...........................................................................10 Part 7: Final Calculations.............................................................................................................11 1 ATTACHMENT B Part 1:Pre-Directions: The Legend: ●Yellow-shaded cells:User inputs data;Only cells that are editable. ●Green-shaded cells:Output cells from formulas;Cannot edit. Sheet Names: ●REEOP =Residential Exterior Efficiency Offset Program worksheet ●CEEOP =Commercial Exterior Efficiency Offset Program worksheet ●PV Generation =Photovoltaic generation (energy generation from solar panels) worksheet ●HP =Heat pump worksheet ●Alt Energy Source =Alternative energy source worksheet (for energy production types such as wind,hydroelectric,off-site PV,or other) ●Background Calcs =Background calculations used in the formulas for value outputs (for reference only) ●Solar Derate Calculations =Background calculations for PV Generation sheet (for reference only) 2 Part 2:REEOP &CEEOP Directions: Step 1:REEOP vs.CEEOP ●Choose the REEOP sheet if this is a residential project. ●Choose the CEEOP sheet if this is a commercial project. ●NOTE:Both sheets will auto-populate some data,but you can only use one sheet or the other.While the sheets look very similar,no project should use both sheets. Step 2:Input Project Name ●Input the name of the project into yellow shaded cells at the top (E7) Step 3:Snowmelt Calculations (if applicable) ●Locate Application #1:Snowmelt.(C13) ●Input the total area (square feet)of proposed snowmelt into the yellow shaded cell (I13) ●Select the efficiency rating of the proposed snowmelt system from the dropdown menu. The dropdown menu appears once you click the cell.(L13) ○If it is an all-electric system,enter 100%for the efficiency rating. ●The exempted snowmelt will automatically be deducted from the total amount of proposed snowmelt (I15) ●The total area of non-exempt proposed snowmelt will auto populate into cell I17 ●The spreadsheet will then automatically calculate the kilowatts of solar PV required to fully offset the non-exempt proposed snowmelt.(N17) ●The spreadsheet will then automatically calculate the solar PV offset (Q17)after the 50% offset (O17)is applied. ●The spreadsheet will then automatically calculate the associated payment in lieu for the solar PV offset.(R17) 3 Step 4:Spa Calculations (if applicable) ●Locate Application #2:Spa.(C20) ●Input the total area (square feet)of the proposed spa into the yellow shaded cell.(I20) ●Select the efficiency rating of the proposed spa from the dropdown menu.The dropdown menu appears when you click the cell.(L20) ○If it is an all-electric system,enter 100%for the efficiency rating. ●The exempted spa square footage will automatically be deducted from the total square feet of proposed spa.(I22) ●The total area of non-exempt proposed spa will auto populate into cell I24. ●The spreadsheet will then automatically calculate the kilowatts of solar PV required to fully offset the non-exempt proposed spa.(N24) ●The spreadsheet will then automatically calculate the solar PV offset (Q24)after the 50% offset (O24)is applied. ●The spreadsheet will then automatically calculate the associated payment in lieu for the solar PV offset.(R24) Step 5:Outdoor Pool Calculations (if applicable) ●Locate Application #3:Outdoor Pool.(C27) ●Input the total area (square feet)of the proposed outdoor pool into the yellow shaded cell.(I27) ●Select the efficiency rating of the proposed outdoor pool.(L27) ○If it is an all-electric system,enter 100%for the efficiency rating. 4 ●The spreadsheet will then automatically calculate the kilowatts of solar PV required to fully offset the proposed outdoor pool.(N27) ●The spreadsheet will then automatically calculate the solar PV offset (Q27)after the 50% offset (O27)is applied. ●The spreadsheet will then automatically calculate the associated payment in lieu for the solar PV offset.(R27) Step 6:Disregard the Calculations for Heat Tape,Outdoor Electric Heaters,&Outdoor Gas-Fired Heaters ●Heat tape,outdoor electric heaters,and outdoor gas-fired heaters are not part of the EEOP program,and therefore are grayed out. ●If any information is put in the yellow boxes for those applications,the offset will not be calculated. Step 7:Outdoor Gas Fireplaces &Firepits Calculations (if applicable) ●Locate Application #7:Outdoor Gas Fireplaces &Fire Pits.(C39) ●Input the total Btu/hr of proposed outdoor fireplaces/firepits into the yellow shaded cell. (I39) ●The spreadsheet will then automatically calculate the kilowatts of solar PV required to fully offset the proposed fireplace/firepit.(N39) ●The spreadsheet will then automatically calculate the solar PV offset (Q39)after the 100%offset (O39)is applied. ●The spreadsheet will then automatically calculate the associated payment in lieu for the solar PV offset.(R39) Step 8:Calculate Total EEOP Payment ●The total required PV kW offset from any proposed snowmelt,spa,outdoor pool,and/or outdoor gas fireplace/firepit will be summed.(Q42) 5 ●The total required payment in lieu from any proposed snowmelt,spa,outdoor pool, and/or outdoor gas fireplace/firepit will be summed.(R42) Part 3:On-Site Renewable Credits Calculation Step 1:Identify Supplemental Energy Sources (if applicable) ●Identify supplemental energy sources (if applicable)that will contribute to offsetting projected exterior energy consumption. ○Options include:Ground source heat pump,air source heat pump,solar hot water,solar PV,alternative renewable energy sources. Step 2:Input Data into Correct Sheet ●For Ground Source or Air Source Heat Pumps,go to Part 4. ●For Solar PV,go to Part 5. ●For Alternative Renewable Energy Source (other than on-site solar PV),go to Part 6. ●For solar hot water,input the total square footage into cell L55. 6 Part 4:Ground Source or Air Source Heat Pumps Step 1:Open the “HP”sheet ●Select the HP sheet from the tabs at the bottom. Step 2:Input Basic Information ●Add the project name into cell E7. Step 3:Air Source Heat Pump (ASHP)(if applicable) ●Complete sections A1 and A2 if the project includes an air source heat pump. ●List the heat pump’s model and manufacturer in cells H13 and H15 respectively. ●Input the total system capacity at -5°F OAT in Btu’s into cell K19. ●Input the system coefficient of performance (COP)into cell K22. ●Excel will automatically calculate the Btu’s from the heat pump and the equivalent solar PV offset and credit.Those numbers will automatically be entered into the EEOP sheet, cells L52,Q52,and R52. ○Note:These calculations are done using data in the “Background Calcs”sheet. Step 4:Ground Source Heat Pump (GSHP)(if applicable) ●Complete sections G1-G3 if the project includes a ground source heat pump. 7 ●List the heat pump’s designer certification (H31),the designer ’s certification number (M31),installer accreditation (H33),installer accreditation number (M33),and Division of Water Resources permit number (M35). ●Input the heat pump’s system design specifications,including the number of loops (K39), the depth of the loops (K41),the total length of tubing (K43),the total system (per the specifications)(K45),and the coefficient of performance (K48). ●When you submit the EEOP document,include the following documents: ○GSHP unit performance sheets certified by AHRI 330 or ISO 13256-1 for all specified GSHP units,with capacity at design conditions highlighted. ○Designer Certification Sheets ○Installer Certification Sheets ○Division of Water Resource Permit ○Plans prepared by IGSHPA certified designer or Professional Engineer showing planned configuration of ground loop exchanger and heating/cooling plant with all equipment specified,pipe sizes called out and a detailed Control Sequence of operation. ●Include who the plans were prepared by (F66),their email address (F67),and their phone number.(F68) ●Excel will automatically calculate the Btu’s from the heat pump and the equivalent solar PV offset and credit.Those numbers will automatically be entered into the EEOP sheet, cells L49,Q49,and R49. ○Note:These calculations are done using data in the “Background Calcs”sheet. 8 Part 5:Solar PV Step 1:Open the “PV Generation”Sheet ●Select the PV Generation sheet from the tabs at the bottom. Step 2:Project Name ●Input the project’s name into cell C6. Step 3:Array Calculations ●Select the orientation of the array from the dropdown menu.The dropdown menu appears once you click into the cell (C18). ○Note:the orientation angles are provided in the chart to the right. ●Select the pitch of the array from the dropdown menu.The dropdown menu appears once you click into the cell (C19). ●Input the size of the array in kW.(C20) ●Select whether or not the array sheds snow from the dropdown menu.Options are YES or NO,and these appear once you click into the cell (C21). ○NOTE:to shed snow,the array must have a pitch of 7/12 or greater and not have snow fences or a roof surface that prohibits snow shed. ●The annual generation from the solar array (based on your inputs)will be automatically calculated into cell C22. ○NOTE:This calculation is done using data in the Solar Derate Calculations sheet. ●Repeat this process for each array (up to 4 arrays total). Step 4:Totals ●Total array size installed (for all arrays entered)will automatically calculate in cell C45. ○Total array size will also automatically be entered into L58 on the EEOP sheet. ●Total equivalent array size (for all arrays entered)will automatically calculate in cell C46. 9 ○Total equivalent array size will also automatically be entered into Q58 on the EEOP sheet.This calculation is done using data in the “Background Calcs” sheet. ○The corresponding credit applied based on the equivalent array size will be entered into cell R58 on the EEOP sheet. ●Array effectiveness (for all arrays entered)will be automatically calculated in cell C47. ●Input the preparer's name,email,and phone number into cells D49,D50,and D51, respectively. Part 6:Alternative Renewable Energy Sources Step 1:Open the “Alt Energy Source”Sheet ●Select the “Alt Energy Source”sheet from the tabs at the bottom. Step 2:Project Name ●Input the project’s name into cell C7. Step 3:Input Energy Produced ●Input the amount of wind,hydroelectric,off-site solar PV,and other alternative energy sources produced into the corresponding cell (C11,C12,C13,C14).Required units are listed next to the input cells (kWhr/yr). 10 Step 3: Totals ● The total annual kWh/yr from all alternative energy sources will be summed in cell C15. ● The equivalent solar PV will be calculated and automatically inputted into cell C16. ○ The equivalent solar PV number will also be automatically calculated into cell Q61 on the EEOP sheet. This calculation is done using data in the “Background Calcs” sheet. ○ The corresponding credit from the equivalent solar PV number will be automatically inputted into cell R61 on the EEOP sheet. ● Input the preparer's name, email, and phone number into cells D20, D21, and D22, respectively. Part 7: Final Calculations Step 1: Exterior Energy Use Calculation Totals ● The total solar PV offset required and payment in lieu from all exterior energy uses (snowmelt, spa, outdoor pool, & outdoor gas fireplaces/fire pits) in the project will be totaled into cells Q42 and R42 respectively. 11 Step 2:On-Site Renewable Credit Calculation Totals ●The total PV and payment in lieu offsets applied from on-site renewable energy credits from supplemental energy sources (heat pumps,solar hot water,on-site PV,and alternative energy sources)will be totaled into cells Q63 and R63 respectively. Step 3:Total EEOP Payment ●The total PV and payment in lieu offset required (Section 1)will be automatically input into cells Q68 and R68,respectively. ●The total PV and payment in lieu credits applied from renewable sources (Section 2)will be automatically input into cells Q69 and R69,respectively. ●Input any pre-paid offset amount into cell R70. ●The total exterior energy offset payment required will be automatically summed in cell 71. ●Input the preparer's name,email,and phone number into cells E71,E72,E73 respectively. 12 970.748.4012 eblock@avon.org TO: Honorable Mayor Phillips and Council members FROM: Emily Block, Development Coordinator RE: PUBLIC HEARING: Second Reading of Ordinance 24-05 Grading Permits DATE: March 29, 2024 SUMMARY: This memo provides an overview of Ordinance 24-05 (“Attachment A”), drafted to approve the re-instatement of grading permit provisions. These provisions were inadvertently removed from the Avon Municipal Code when the Town Council adopted the 2021 International Building Codes in December of 2022. First reading was approved on March 26, 2024. BACKGROUND: In June of 2022, Avon Town Council approved Ordinance 22-03, adopting additions to grading permit requirements (namely, prohibiting the issuance of a grading permit without the contemporaneous issuance of a building permit). When the Avon Town Council adopted the 2021 International Building Codes later in 2022, due to an error in numbering, this paragraph regarding grading permit requirements was inadvertently removed from our Municipal Code. Ordinance 24-05 would add back the one paragraph that had existed previously: “Except as provided herein no grading permit shall be issued unless: (1) a Public Improvement Agreement or Security Agreement is approved by Town Council; or (2) less than 100-cubic yards of material is excavated. Grading permits may be issued administratively for the Village at Avon Planning Areas A, B, C, D, E, F and J which are designated Administrative Subdivision Areas in the Village at Avon PUD Guide provided a Grading Permit and Security Agreement is approved by the Town Engineer. All Grading Permits issued pursuant to this provision shall comply with this Appendix J as amended and such other requirements of general applicability as may be adopted by the Town.” RECOMMENDATION: Approve as drafted. OPTIONS: • Conduct Public Hearing and Approve Second Reading as drafted • Conduct Public Hearing and Approve Second Reading, with amendments • Conduct Public Hearing and Continue to a future meeting. RECOMMENDED MOTION: “I move to approve Ordinance 24-05 Amending Section 15.08.140 of the Avon Municipal Code Regarding Issuance of Grading Permits.” Thank you, Emily ATTACHMENT A: Ordinance 24-05 ATTACHMENT A Ord 24-05 Amending Grading Permits April 9, 2024 Page 1 of 2 ORDINANCE NO. 24-05 AMENDING SECTION 15.08.140 OF THE AVON MUNICIPAL CODE REGARDING ISSUANCE OF GRADING PERMITS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Avon Town Council (“Council”) has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to such authority, the Town has previously adopted Title 15 of the Town of Avon Municipal Code (“Code”), regarding Buildings and Construction WHEREAS, a local amendment codified at Avon Municipal Code § 15.08.140 provides for the regulation and permitting of grading permits; and WHEREAS, in certain circumstances some property owners have obtained grading permits without subsequently obtaining a building permit thus creating blighted and incomplete construction sites; and WHEREAS, the Town Council of the Town of Avon has determined that it is in the best interest of the Town of Avon to adopt an ordinance amending § 15.08.140 to prohibit the issuance of a grading permit without the contemporaneous issuance of a building permit; and WHEREAS, Council finds that amendments to grading permits will promote the health, safety, and general welfare of the Avon Community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. ATTACHMENT A Ord 24-05 Amending Grading Permits April 9, 2024 Page 2 of 2 Section 2. Amendment to Chapter 15.08.140. Section 15.08.140 is hereby amended to add the following section to the existing language: J102.1, Permits Required, is added: “Except as provided herein no grading permit shall be issued unless: (1) a Public Improvement Agreement or Security Agreement is approved by Town Council; or (2) less than 100-cubic yards of material is excavated. Grading permits may be issued administratively for the Village at Avon Planning Areas A, B, C, D, E, F and J which are designated Administrative Subdivision Areas in the Village at Avon PUD Guide provided a Grading Permit and Security Agreement is approved by the Town Engineer. All Grading Permits issued pursuant to this provision shall comply with this Appendix J as amended and such other requirements of general applicability as may be adopted by the Town.” Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 24-05 Amending Grading Permits March 26, 2024 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on March 26, 2024 and setting such public hearing for April 9, 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 April 9, 2024. BY: ATTEST: ____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Interim Town Attorney 970.748.4004 eric@avon.org TO: Honorable Mayor Amy Phillips and Town Council members FROM: Eric Heil, Town Manager Paul Redmond, Chief Finance Officer RE: Sales Tax Exemption for Hygiene Products DATE: April 9, 2024 SUMMARY: This report presents Ordinance 24-06 (“Attachment A”) to Avon Town Council (“Council”) for second reading. Ordinance 24-06 will establish a sales tax exemption on hygiene products as was adopted by the State of Colorado with HB 22-1055. BACKGROUND: Effective January 1, 2023, Colorado enacted House Bill 22-1055, a state-level sales and use tax exemption on the sale, storage, use or consumption of incontinence products, diapers, and period products. The bill also recommended local governments adopt the same exemptions. The Town would need to amend Chapter 3.08.010 and 3.08.050 of the Town’s Municipal Code to include period products and incontinence products and diapers. ANALYSIS: The assumptions are based on the Final Fiscal Notes for HB 22-1055 and the Avon, CO Census Report in 2022. Period products mean consumer products used to manage menstruation. The analysis assumes regular use of these products for women and girl ages 12 to 51 based on the average age of first menstruation to menopause. In Avon, it assumed there are 1,803 individuals between the age of 12 to 51. The average use of 4 products per day and an average cost $0.35 per product, would result in $151,529 in local revenue. Overall, the decrease in revenue from a sales tax exemption on period products for the Town is estimated to be $6,061. Incontinence Products and Diapers means absorbent cloth or disposable products worn by humans who are incapable of, or have difficulty, controlling their bladder or bowel movements. Diaper use for the infant and child population for the Town of Avon was based on the 2022 census data. It is assumed the Town has a population of 330 children between the ages of 0 to 5. It is assumed a child will use an average of 8 products per day with an average price of $0.40 per product. The local revenue generated from diaper sales would be estimated at $385,685 per year. Overall, the decrease in revenue from the sale tax exemption on children’s diapers would be $15,427. It is assumed that 35% of the adult population over the age of 50 would use adult incontinence products. The average person would spend $1400 a year on these expenses. The estimated revenue from the sales tax exemption for adult incontinence products is $11,985.04. RECOMMENDED MOTION: “I move to approve Second Reading of Ordinance 24-06, to amend Chapter 3.08.010 and 3.08.050 of the Town’s Municipal Code to include incontinence products, diapers and menstrual care products as exempt from sales tax.” Thank you, Eric and Paul ATTACHMENT A – Ordinance 24-06 ATTACHMENT B – House Bill 22-1055 ATTACHMENT C – Final Fiscal Note HB 22-1055 Ord 24-06 – AMENDMENT TO EXEMPT LOCAL TAXATION OF CERTAIN ITEMS Draft – February 28, 2024 Page 1 of 4 ORDINANCE NO. 24-06 AMENDING SECTIONS 3.08.010 AND 3.08.050 OF THE AVON MUNICIPAL CODE TO EXEMPT INCONTENENCES, DIAPERS AND MENSTRUAL CARE PRODUCTS FROM SALES TAX WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the Town, as a home rule municipality, has authority over local taxation matters; and WHEREAS, pursuant to C.R.S. §29-2-105, the Town of Avon has the power to exempt incontinence products, diapers, and menstrual care products from its local tax by the express inclusion of the exemption by amendment to its Municipal Code; and WHEREAS, in recognition of the essential nature of such products, the purpose of this Ordinance is to provide tax relief for individuals that utilize incontinence products, diapers, and menstrual care products, to increase the affordability of the same, and to redress the inequitable burden that the imposition of sales tax places on users of such products; and WHEREAS, the Town Council finds that adopting the foregoing amendments to the Town’s Municipal Code §§3.08.010 and 3.08.050 will promote the health, safety, and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. Ord 24-06 – AMENDMENT TO EXEMPT LOCAL TAXATION OF CERTAIN ITEMS Draft – February 28, 2024 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 3.08.010 – Sales Tax - Words and Phrases Defined. Section 03.08.010 is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted in alphabetical order within words and phrases defined: Incontinence products and diapers means absorbent cloth or disposable products worn by humans who are incapable of, or have difficulty, controlling their bladder or bowel movements. Menstrual care products means products that are designed to absorb or contain menstrual flow. Menstrual care products include, but are not limited to, tampons, menstrual pads, sanitary napkins, panty liners, menstrual sponges, menstrual under garments, and menstrual cups. Section 3. Amendment to Chapter 3.08.050 – Sales Tax – Exempt Items. Section 03.08.050 is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: (7) Commercial packaging materials; and (8) Newspapers as defined in Section 3.08.010; (9) Incontinence products and diapers; and (10) Menstrual care products. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and ATTACHMENT A Ord 24-06 – AMENDMENT TO EXEMPT LOCAL TAXATION OF CERTAIN ITEMS Draft – February 28, 2024 Page 3 of 4 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 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. 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 8. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] ATTACHMENT A Ord 24-06 – AMENDMENT TO EXEMPT LOCAL TAXATION OF CERTAIN ITEMS Draft – February 28, 2024 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on March 26, 2024 and setting such public hearing for April 9, 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 April 9, 2024. BY: ATTEST: ____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Interim Town Attorney ATTACHMENT A HOUSE BILL 22-1055 BY REPRESENTATIVE(S) Lontine and Herod, Bacon, Bernett, Cutter, Duran, Esgar, Froelich, Hooton, Jodeh, Kipp, McLachlan, Michaelson Jenet, Sirota, Titone, Young, Amabile, Bird, Boesenecker, Caraveo, Daugherty, Exum, Gonzales-Gutierrez, Gray, Kennedy, Lindsay, McCormick, Mullica, Ricks, Roberts, Sullivan, Tipper, Valdez A., Valdez D., Weissman, Woodrow, Garnett; also SENATOR(S) Jaquez Lewis and Winter, Buckner, Gonzales, Story, Bridges, Coleman, Danielson, Donovan, Fields, Hansen, Hinrichsen, Kolker, Lee, Moreno, Pettersen, Priola, Rodriguez, Fenberg. CONCERNING A SALES AND USE TAX EXEMPTION FOR ESSENTIAL HYGIENE PRODUCTS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 39-26-717, amend (2)(k) and (2)(1); and add (1)(a.5), (1)(b.5), (2)(m), and (2)(n) as follows: 39-26-717. Drugs and medical and therapeutic devices - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires: Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. ATTACHMENT B (a.5) "INCONTINENCE PRODUCTS AND DIAPERS" MEANS ABSORBENT CLOTH OR DISPOSABLE PRODUCTS WORN BY HUMANS WHO ARE INCAPABLE OF, OR HAVE DIFFICULTY, CONTROLLING THEIR BLADDER OR BOWEL MOVEMENTS. (b.5) "PERIOD PRODUCTS" MEANS CONSUMER PRODUCTS USED TO MANAGE MENSTRUATION. (2) The following are exempt from taxation under part 1 of this article 26: (k) All sales of nonprescription drugs or materials when furnished by a practitioner as part of professional services provided to a patient; and (I) All sales of corrective eyeglasses, contact lenses, or hearing aids; AND (m) (I) ALL SALES OF PERIOD PRODUCTS PURCHASED ON AND AFTER JANUARY 1, 2023. (II) IN ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION, THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT: (A) THE GENERAL LEGISLATIVE PURPOSE OF THE EXEMPTION ALLOWED BY THIS SUBSECTION (2)(m) IS TO PROVIDE TAX RELIEF FOR CERTAIN INDIVIDUALS; (B) THE SPECIFIC LEGISLATIVE PURPOSE OF THE EXEMPTION ALLOWED BY THIS SUBSECTION (2)(m) IS TO INCREASE THE AFFORDABILITY OF PERIOD PRODUCTS AND TO REDRESS THE INEQUITABLE BURDEN THAT THE IMPOSITION OF SALES TAX PLACES ON MILLIONS OF WOMEN IN COLORADO FOR WHOM SUCH PRODUCTS ARE ESSENTIAL; AND (C) IN ORDER TO ALLOW THE GENERAL ASSEMBLY AND THE STATE AUDITOR TO MEASURE THE EFFECTIVENESS OF THE EXEMPTION, THE STATE AUDITOR SHALL IDENTIFY AVAILABLE DATA SOURCES AND ESTIMATE THE SAVINGS THAT THE EXEMPTION PROVIDES TO TAXPAYERS IN COLORADO FOR PAGE 2-HOUSE BILL 22-1055 ATTACHMENT B WHOM PERIOD PRODUCTS ARE ESSENTIAL DURING THE STATE AUDITOR'S EVALUATION OF THE EXEMPTION PURSUANT TO SECTION 39-21-305. (III) NOTWITHSTANDING SECTION 39-21-304 (4), THE EXEMPTION IN THIS SUBSECTION (2)(m) CONTINUES INDEFINITELY. (n) (I) ALL SALES OF INCONTINENCE PRODUCTS AND DIAPERS PURCHASED ON AND AFTER JANUARY 1, 2023. (II) IN ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE DECLARATION, THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT: (A) THE GENERAL LEGISLATIVE PURPOSE OF THE EXEMPTION ALLOWED BY THIS SUBSECTION (2)(n) IS TO PROVIDE TAX RELIEF FOR CERTAIN INDIVIDUALS; (B) THE SPECIFIC LEGISLATIVE PURPOSE OF THE EXEMPTION ALLOWED BY THIS SUBSECTION (2)(n) IS TO INCREASE THE AFFORDABILITY OF INCONTINENCE PRODUCTS AND DIAPERS AND TO REDRESS THE INEQUITABLE BURDEN THAT THE IMPOSITION OF SALES TAX PLACES ON MILLIONS OF PARENTS, INDIVIDUALS CARING FOR INFANTS AND YOUNG CHILDREN, AND OTHER USERS OF INCONTINENCE PRODUCTS IN COLORADO FOR WHOM SUCH PRODUCTS ARE ESSENTIAL; AND (C) IN ORDER TO ALLOW THE GENERAL ASSEMBLY AND THE STATE AUDITOR TO MEASURE THE EFFECTIVENESS OF THE CREDIT, THE STATE AUDITOR SHALL IDENTIFY AVAILABLE DATA SOURCES AND ESTIMATE THE SAVINGS THE EXEMPTION PROVIDES TO TAXPAYERS IN COLORADO FOR WHOM INCONTINENCE PRODUCTS AND DIAPERS ARE ESSENTIAL DURING THE STATE AUDITOR'S EVALUATION OF THE EXEMPTION PURSUANT TO SECTION 39-21-305. (III) NOTWITHSTANDING SECTION 39-21-304 (4), THE EXEMPTION IN THIS SUBSECTION (2)(n) CONTINUES INDEFINITELY. SECTION 2. In Colorado Revised Statutes, 29-2-105, add (1)(d)(I)(Q) and (1)(d)(I)(R) as follows: PAGE 3-HOUSE BILL 22-1055 ATTACHMENT B 29-2-105. Contents of sales tax ordinances and proposals. (1) The sales tax ordinance or proposal of any incorporated town, city, or county adopted pursuant to this article 2 shall be imposed on the sale of tangible personal property at retail or the furnishing of services, as provided in subsection (1)(d) of this section. Any countywide or incorporated town or city sales tax ordinance or proposal shall include the following provisions: (d) (I) A provision that the sale of tangible personal property and services taxable pursuant to this article 2 shall be the same as the sale of tangible personal property and services taxable pursuant to section 39-26-104, except as otherwise provided in this subsection (1)(d). The sale of tangible personal property and services taxable pursuant to this article 2 shall be subject to the same sales tax exemptions as those specified in part 7 of article 26 of title 39; except that the sale of the following may be exempted from a town, city, or county sales tax only by the express inclusion of the exemption either at the time of adoption of the initial sales tax ordinance or resolution or by amendment thereto: (Q) THE EXEMPTION FOR SALES OF PERIOD PRODUCTS AS SPECIFIED IN SECTION 39-26-717 (2)(m). (R) THE EXEMPTION FOR SALES OF INCONTINENCE PRODUCTS AND DIAPERS AS SPECIFIED IN SECTION 39-26-717 (2)(n). SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in PAGE 4-HOUSE BILL 22-1055 ATTACHMENT B November 2022 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. Alec Garnett SPEAKER OF THE HOUSE OF REPRESENTATIVES Steve Fenberg PRESIDENT OF THE SENATE e44de .0( ileatkoat. obin ones Cindi L. Markwell CHIEF CLERK OF THE USE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED Tu44.t 604,-- I 1,1 (Date and Time) Jarel P lis DOVE' OR OF TATE OF COLORADO PAGE 5-HOUSE BILL 22-1055 ATTACHMENT B Page 1 August 30, 2022 HB 22-1055 Legislative Council Staff Nonpartisan Services for Colorado’s Legislature Final Fiscal Note Drafting Number: Prime Sponsors: LLS 22-0024 Rep. Lontine; Herod Sen. Jaquez Lewis; Winter Date: Bill Status: Fiscal Analyst: August 30, 2022 Signed into Law David Hansen | 303-866-2633 David.Hansen@state.co.us Bill Topic: SALES TAX EXEMPTION ESSENTIAL HYGIENE PRODUCTS Summary of Fiscal Impact: ☒State Revenue ☒State Expenditure ☐State Transfer ☒TABOR Refund ☒Local Government ☐Statutory Public Entity The bill exempts period products and incontinence products from sales and use taxes beginning January 1, 2023. The bill decreases state revenue on an ongoing basis, will minimally increase state workload during implementation, and will decrease ongoing local government revenue for those that conform to the state tax base. Appropriation Summary: No appropriation is required. Fiscal Note Status: The fiscal note reflects the enacted bill, and was updated to reflect additional information. Table 1 State Fiscal Impacts Under HB 22-1055 Budget Year FY 2022-23 Out Year FY 2023-24 Revenue General Fund ($6.2 million) ($13.0 million) Expenditures - - Transfers - - Other Budget Impacts TABOR Refund ($6.2 million) ($13.0 million) ATTACHMENT C Page 2 August 30, 2022 HB 22-1055 Summary of Legislation The bill exempts purchases of period products and incontinence products from state sales and use tax beginning January 1, 2023. State Revenue The bill is estimated to decrease General Fund revenue by $6.2 million in FY 2022-23 and by $13.0 million in FY 2023-24, with ongoing impacts in subsequent years that will grow with population growth and inflation. The impact in FY 2022-23 represents a half-year impact. Sales and use tax revenue is subject to TABOR. Data and Assumptions Period products. The analysis was based on estimated use of the bill’s exempted products for impacted demographic groups. For period products, the analysis assumes regular use of these products for women and girls ages 12 to 51 based on the average age of first menstruation to menopause from National Institutes of Health data. In Colorado, the State Demographer projects there will be between 1,598,426 and 1,615,701 women and girls ages 12 to 51 from FY 2022-23 to FY 2023-24. The demand among users of these products was adjusted downward to exclude those who are expected to not be menstruating during pregnancy or nursing based on projected births in the state. Based on this adjusted population, there will be an estimated 88.0 million to 88.9 million likely menstrual days each year during the analysis period.1 Assuming 40.4 percent of users of period products use tampons and 59.6 percent use pads or sanitary napkins, and average use of 4.0 products per day, there will be demand for about 143.0 million tampons and 211.0 million pads in the state each year. Lastly the revenue impact assumes an average inflation-adjusted price of about $0.24 per tampon and $0.22 per pad during the analysis period. Overall, the decrease in revenue from period products is $1.1 million in FY 2022-23 and $2.3 million in FY 2023-24. The degree that actual use of period products differs from the above assumptions could increase or decrease the estimated revenue impact. For instance, the analysis does not factor in the use of sponges, cups, or other products that are included in the bill, or the use of period products for other reasons than menstruation, both factors that could increase the revenue impact. On the downside, the analysis does not factor in reduced menstruation or use of period products from causes other than pregnancy, such as surgical procedures, health conditions, or other means. Infant and child diaper use. Diaper use for the infant and child population was based on the state’s projected population of children ages 0 to 5 years from the Colorado State Demography Office. Assuming a projected average of 208,300 children less than 27 months through FY 2023-24 utilize about 8.0 diapers per day, and that 95.5 percent of children use disposable diapers, the demand for disposable diapers will be about 581 million each year during the analysis period. The remaining children are assumed to use cloth diapers. For the projected 174,700 children ages 27 months to 5 years, it is assumed about 8.0 percent use an average of one disposable diaper each day based on rates of night-time only use in older children, or an average of 5.1 million disposable diapers each year during the analysis period. Assuming an average inflation-adjusted unit cost of $0.32 per disposable 1 Menstrual days was calculated assuming an average cycle length of 28 days and 4.5 days per period based on National Institutes of Health data. ATTACHMENT C Page 3 August 30, 2022 HB 22-1055 diaper, and an average one-time cloth diaper cost of about $410, the bill will decrease revenue from these products by an estimated $2.6 million in FY 2022-23 and $5.5 million in FY 2023-24. The degree that actual infant and child diaper use differs from the assumptions used in this analysis could increase or decrease the estimated revenue impact. For instance, the use of diapers for reasons other than infant and child care, or for those older than age 5 could increase the revenue impact. Alternatively, if caretakers reduce diaper use significantly before 27 months, or that children over this age require fewer diapers at night, the revenue impact could be lower. Incontinence products. A study on the direct cost of urinary incontinence in the U.S. found the cost in 1995 was $16.3 billion.2 Further, an analysis of the cost of urinary incontinence among women estimated that diaper purchases and incontinence pads comprised about 40 percent of the annual cost of routine products and care, costs the researchers noted accounted for 50 percent to 75 percent of the above cited direct costs.3 Inflating the per capita cost for the adult population of urinary incontinence using the Consumer Price Index, based on projections in the December 2021 Legislative Council Staff Forecast, assuming 60 percent of the total cost of urinary incontinence is spent on routine care products, and applying the estimated cost of incontinence products to the projected adult population in Colorado, the bill will decrease revenue in FY 2022-23 by an estimated $2.5 million and by $5.2 million in FY 2023-24. The degree that actual incontinence product use differs from the assumptions used in this analysis could increase or decrease the estimated revenue impact. State Expenditures The bill will minimally increase workload for the Department of Revenue to update sales and use tax guidance and forms. The bill also increases workload in the Office of the State Auditor to review this tax expenditure. The fiscal note assumes that workload impacts can be met with existing resources. Other Budget Impacts TABOR refunds. The bill is expected to decrease the amount of state revenue required to be refunded to taxpayers by the amounts shown in the State Revenue section above. This estimate assumes the March 2022 Legislative Council Staff revenue forecast. A forecast of state revenue subject to TABOR is not available beyond FY 2023-24. Because TABOR refunds are paid from the General Fund, decreased General Fund revenue will lower the TABOR refund obligation, but result in no net change to the amount of General Fund otherwise available to spend or save. 2 Wilson, Leslie, Brown, Jeanette S., Shin, Grace P., Luc, Kim-Oanh, and Subak, Leslee L., Annual Direct Cost of Urinary Incontinence, National Institutes of Health, PubMed, 2001. https://pubmed.ncbi.nlm.nih.gov/11530119/ 3 Subak, Leslee L. et al. High Costs of Urinary Incontinence Among Women Electing Surgery to Treat Stress Incontinence, National Institutes of Health, PubMed, 2008. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2593129/#R1 ATTACHMENT C Page 4 August 30, 2022 HB 22-1055 Local Government The bill will decrease sales and use tax revenue for state-collected local governments and special districts that incorporate the exemption and conform to the state tax base. The bill includes each exemption among other optional sales and use tax exemptions for state-collected city and county governments. The impact to cities and counties cannot be estimated due to data availability. The bill will decrease revenue for state-collected special districts that conform to the state tax base. Among the largest special districts are the Regional Transportation District (RTD) and the Scientific and Cultural Facilities District (SCFD). Based on the size of each district’s tax base compared with the state tax base, decreased revenue is estimated as follows: RTD – The bill will reduce revenue to RTD by an estimated $1.2 million in FY 2022-23 (half-year impact) and by $2.4 million in FY 2023-24. SCFD – The bill will reduce revenue to SCFD by an estimated $116,800 in FY 2022-23 (half-year impact) and by $244,300 in FY 2023-24. The bill will decrease revenue for other special districts across the state, but the impact cannot be estimated due to data availability. Effective Date The bill was signed into law by the Governor on June 3, 2022, and it took effect on August 9, 2022, except the sales and use tax exemptions take effect January 1, 2023. State and Local Government Contacts Counties Information Technology Legislative Council Staff Municipalities Office of Legislative Legal Services Revenue Regional Transportation District Special Districts State Auditor The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each fiscal year. For additional information about fiscal notes, please visit: leg.colorado.gov/fiscalnotes. ATTACHMENT C 970-748-4088 predmond@avon.org TO: Honorable Mayor Phillips and Council members FROM: Paul Redmond, Chief Finance Officer RE: 2024 Supplemental Budget Amendment, Resolution 24-14 DATE: April 9, 2024 SUMMARY: The Town of Avon’s financial practice is to adopt a supplemental budget amendment to update beginning fund balance estimates and generally recognize revisions to the budget that were not identified at the time the budget was originally adopted. These resolutions amend the General Fund, Mobility Fund, Equipment Replacement Fund and Capital Projects Fund. FINANCIAL CONSIDERATIONS: Below is a summary of the proposed budget revisions and the estimated impacts to fund balances. General Fund: The General Fund is estimated to have a surplus from the 2023 Amended Budget of approximately $1.1 million. Actual revenues exceeded estimates by approximately $304,661 and expenditures were under budget by approximately $801,060. The result is an ending fund balance in 2023 of $21.4 million, of which $13.9 million is unreserved and undesignated. A total increase of $316,747.50 is proposed to the General Fund to implement pending programs, respond to changing circumstances and include expenditures which were not identified and included during the 2024 Budget process last fall. The following are proposed revisions to expenditure appropriations in the General Fund: 1. Sun Road and East Avon Master Planning: A carryover of $117,610 from 2023 for the master planning of Sun Road and East Avon. 2.Laptop Computers: Increase of $4,000 to purchase two laptop computers to replace older laptops for the Human Resource Department. The newer laptops will assist with efficiency for new HR Staff and are requested to support more flexible work locations. 3.Human Resources Information System: Increase of $5,000 for the implementation and training on Bamboo HR software. Town subscribed to Bamboo HR software over a year and ago and has only partially implemented use of this software. The training will assist new HR Staff with full implementation in 2024. HRIS software will improve overall efficiency and productivity for routine HR work. 4.Police Mobile Workstations: Increase of $5,165 to purchase mobile workstations for Detectives and Sergeant. The workstation will replace a Detective’s desktop and upgrade the mobile workstation for Sergeant. 5.Police Furniture: Budget increases of $5,000 for the purchase of a new bookcase for Sgt Gaspard and cabinet in the Police Department training room. An increase of $3,000 to replace three chairs in the administrative offices. Increase of $5,000 to replace three TVs for security monitoring. 6.Microsoft Enterprise Licenses: Increase of $3,232 for purchase of twenty-five Microsoft Enterprise Windows Licenses. 970-748-4088 predmond@avon.org 7. Carpenters’ Ball: Increase in $3,750 for the support of the Carpenters’ Ball sponsored by Habitat for Humanity. 8. Parking Management Software and Pay to Park Signs: Increase of $32,817 for the parking management software, equipment installation and all License Plate Reader managed services from 2023. Increase of $7,813.50 to purchase the remaining Pay to Park signs and additional signs for the Recreation Center and Christy Sports. 9. Lodging for Town Attorney: Increase of $5,000 for the Town Attorney to stay in Avon two to four nights a month. 10. Use Tax Voter Polling and Outreach: Increase of $10,000 to engage with a third-party provider to conduct voter polling on a potential use tax on construction materials. Increase of $3,000 to conduct voter outreach and education through a direct mailer and the Vail Daily to gauge voter sentiment on a potential use tax on construction materials. 11. Council Transition Celebration: Increase of $7,500 to celebrate the transition of outgoing and incoming Council members and new Mayor and Mayor Pro Tem. The celebration is planned to be held at the new One Riverfront Rooftop Bar and offers an opportunity to appreciate those who have served and welcome new members to the council. 12. Recreation Department Van: Increase of $25,072 for the purchase of a new Recreation Department Van. The vehicle was changed from rear wheel drive to all wheel drive to improve safety measures in transporting patrons participating in rec programs. 13. Plow Truck Repairs: Increase of $60,000 for axle repairs needed for a plow truck. 14. Equipment Trailer: Increase of $5,061 for the inflation cost of a new equipment trailer. 15. Club Carts: Increase of $15,636 for the purchase of two additional club carts for the Operations Division. The revised 2024 ending fund balance of the General Fund reports a total of $21,325,946. A reserve of 22% is $6,238,277, the 3% TABOR emergency reserve is $841,172, and the remaining amount of $14,246,496 is undesignated and unreserved and can be used for any legal purpose. This is an increase of $500,512 in unreserved fund balances from the original 2024 budget. Capital Projects Fund: The changes to the Capital Project Fund are as follows:  Carried-forward of all unspent, active project budget from 2023 to 2024, totaling $13,736,084.  Other project budget increases include the following: o $12,650 for Building Access controls including a new security camera for the Council Chambers. o $20,000 for a new bus shelter at Christy Sports 970-748-4088 predmond@avon.org o $3,200 for the increased thickness in the concrete base for the ADA pool lift o $80,000 for the increased cost for the Police Department EV charging station location o $1,765 for the increased inflation cost for the Meridian Barriers o $4,100 for additional plaques for the Main Street Pedestrian Mall for the Town owned bronze sculptures o $250,000 for design work of the Post Blvd Improvement Project scheduled for 2025. The amendment reduces the 2025 Post Blvd Improvement Project from $2,750,000 to $2,500,000. o $217,325 increase for the June Creek Emergency Access Improvements The revised 2024 ending fund balance of the Capital Projects Fund shows a total of $4,144,597 which is $2,674,286 lower than the original projected ending fund balance for 2024. Of this amount, $2,429,108 is reserved for Tract G/URA projects. The remaining amount of $1,715,489 can be used for capital improvements as defined by the municipal code and up to 10% of real estate transfer tax revenues can be transferred to the Community Housing Fund. Staff has not revised our projections for real estate transfer taxes for 2024. However, Staff expects to see significant revenues from the units being sold at Lot 1 at the Riverfront and at Frontgate. We will continue to evaluate these revenues and make any recommended revisions later in the year. Mobility Fund: Revisions to the Mobility Fund include the following items: Increase of $1,010 for Meeting Expenses which were not included in the original budget process Increase of $1,000 for Food and Beverages which were not included in the original budget process Decrease of $970,000 for the Gillig electric bus as the bus will not be received until 2025 or 2026 (NOTE: Town is receiving 80% grant funding for this purchase) Decrease of $776,000 for the grant fund on the Gillig electric bus as the bus will not arrive until 2025 or 2026 Decrease of $55,000 for the Mobility pickup truck that was received and paid for in 2023 The projected ending fund balance for 2024 is $316,610. Equipment Replacement Fund: Revisions to the Equipment Replacement Fund include the following items: Increase of $71,298 for the 2023 carry forward of the Operations pickup Increase of $80,957 for the 2023 carry forward of the Operations pick up and plow Increase of $63,566 for the 2023 carry forward of the Facilities pick up 970-748-4088 predmond@avon.org  Increase of $51,247 for the 2023 carry forward of the Operations tractor  Increase of $396,224 for a new plow truck which was left out of the original 2024 budget  Increase of $391,980 for the 2023 carry forward of the Operations plow truck  Increase of $505,292 for the 2022-2023 carry forward of six take home vehicles and utility hybrids for Police  Increase of $104,425 for the increase prices for the five police vehicles to get closer to a 100% Hybrid/EV fleet The Equipment Replacement Fund reports a revised 2024 beginning fund balance of $4,997,523 which is an increase of $892,658 from the original budget and a revised 2024 ending fund balance of $4,530,801. Community Housing Fund: The revisions to the Community Housing Fund are as follows:  Increase of $1,274,500 in Mi Casa deed restriction program in order to carryover prior year unspent amounts  Increase in revenues of $202,929 to the Operating Transfer in from the Capital Projects Fund. The total Transfer In is based off 10% of the Real Estate Transfer Tax from received in 2023 in the Capital Projects Fund. The revised beginning fund balance of the Community Housing Fund shows a total of $3,046,302 which is $13,913 higher than the original projected beginning fund balance for 2024. Revised projected ending fund balance for 2024 is $919,195. TOWN MANAGER COMMENTS: I support all the proposed budget amendments. Department Directors are aware that revenues in 2024 are expected to be flat and that we are tightening our fiscal expenditures. Many expenditures are carry-overs and carry-forward to reflect the actual year of expenditures for vehicles. General Fund expenditures are specific to supporting on-going activities as well as several new partnership expenditures (i.e. Carpenters Ball, additional Birds of Prey sponsorship). PROPOSED MOTION: "I move to approve Resolution No. 24-14, A Resolution Amending the 2024 Town of Avon Budget." Thank you, Paul ATTACHMENTS: Attachment A Resolution No. 2024-14 Attachment B General Fund Supplemental Amendment No. 1 Attachment C Capital Projects Fund Supplemental Amendment No. 1 Attachment D Mobility Fund Supplemental Amendment No. 1 Attachment E Equipment Replacement Fund Supplemental Amendment No. 1 Attachment F Community Housing Fund Amendment #1 Res. No. 24-14 April 9, 2024 Page 1 of 3 TOWN OF AVON, COLORADO RESOLUTION NO. 24-14 A RESOLUTION TO AMEND THE 2024 TOWN OF AVON BUDGET WHEREAS, the Town Council of the Town of Avon has previously adopted the 2024 budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2024; and WHEREAS, the Town Council finds it necessary to amend the 2024 budget to more accurately reflect the revenues and expenditures for 2024; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2024: Original or Previously Amended 2024 Budget Current Proposed Amended 2024 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 13,745,984 28,256,814 25,039,059 $ 21,424,938 28,256,814 28,355,807 Ending Fund Balance $ 20,755,749 $ 21,325,946 ATTACHMENT A Res. No. 24-14 April 9, 2024 Page 2 of 3 Original or Previously Amended 2024 Budget Current Proposed Amended 2024 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 2,908,167 13,750,000 9,839,284 $ 6,818,883 $ 14,791,915 13,750,000 24,397,317 $ 4,144,597 Mobility Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 649,832 3,391,021 3,845,888 $ 194,965 $ 912,487 2,421,021 3,016,898 $ 316,610 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 4,104,865 1,323,759 722,194 $ 5,358,968 $ 4,997,523 1,323,759 2,443,019 $ 4,530,801 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 3,032,389 1,815,514 2,871,000 $ 1,976,903 $ 3,046,302 2,018,443 4,145,550 $ 919,195 ATTACHMENT A Res. No. 24-14 April 9, 2024 Page 3 of 3 Section 2. That the budget, as submitted, amended, and herein above summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 9th April, 2024. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A Proposed Original Amended Difference Unaudted Budget Budget Increase 2023 2024 2024 (Decrease) REVENUES Taxes 19,672,527$ 22,096,752$ 22,096,752$ -$ Licenses and Permits 562,836 413,175 413,175 - Intergovernmental 1,201,828 1,285,455 1,285,455 - Charges for Services 2,080,026 1,845,745 1,845,745 - Fines and Forfeitures 44,705 38,700 38,700 - Investment Earnings 1,551,768 1,500,000 1,500,000 - Other Revenue 447,305 458,500 458,500 - Total Operating Revenues 25,560,995 27,638,327 27,638,327 - Other Sources Lease Proceeds --- - Transfer-In From Capital Projects Fund 600,473 618,487 618,487 - Total Other Sources 600,473 618,487 618,487 - TOTAL REVENUES 26,161,468$ 28,256,814$ 28,256,814$ -$ EXPENDITURES General Government, HR and Finance 6,666,537$ 7,678,287$ 7,712,860$ (34,573)$ Community Development 921,087 1,179,104 1,296,714 (117,610) Public Safety 5,453,379 6,408,261 6,467,057 (58,796) Public Works 8,073,996 8,056,952 8,137,649 (80,697) Recreation 2,433,386 3,061,455 3,086,527 (25,072) Total Operating Expenditures 23,548,385 26,384,059 26,700,807 (316,748) Other Uses Transfers-Out to Capital Projects Fund --- - Transfers-Out to Mobility Fund 1,300,000 1,500,000 1,500,000 - Transfers-Out to Fleet Maintenance Fund 200,000 155,000 155,000 - Total Other Uses 1,500,000 1,655,000 1,655,000 - TOTAL EXPENDITURES 25,048,385 28,039,059 28,355,807 (316,748) NET SOURCE (USE) OF FUNDS 1,113,083 217,755 (98,993) 316,748 FUND BALANCES, Beginning of Year 20,311,855 20,537,994 21,424,938 886,944 FUND BALANCES, End of Year 21,424,938$ 20,755,749$ 21,325,946$ 1,203,692$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 751,452$ 841,172$ 841,172$ 0$ Unassigned: 22% Minimum Reserve Balance -6,168,593 6,238,277 69,684$ 27% Minimum Reserve Balance 6,763,064 -- - Undesignated, Unreserved 13,910,423 13,745,984 14,246,496 500,512 TOTAL FUND BALANCES 21,424,938$ 20,755,749$ 21,325,946$ 570,197$ Fund Summary MUNICIPAL SERVICES General Fund #10 ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2023 2024 2024 (Decrease) Taxes: General Property Tax 2,086,974$ 2,961,699$ 2,961,699$ -$ General Property Tax - Delinquencies 182 500 500 - General Property Tax - Interest 2,275 1,900 1,900 - General Property Tax - Abatements (1) --- Specific Ownership Tax 127,099 130,000 130,000 - Sales Tax 13,037,958 14,079,150 14,079,150 - Utility Tax 133,525 120,000 120,000 - Accommodation Tax 2,317,647 2,558,503 2,558,503 - Penalties and Interest 41,492 50,000 50,000 - Sales Tax Audit Assessments 13,300 50,000 50,000 - VAA Retail Sales Fee 868,015 1,100,000 1,100,000 - Cigarette Excise Tax 254,014 245,000 245,000 - Tobacco Add-on Sales Tax 374,119 360,000 360,000 - Franchise Fees 415,928 440,000 440,000 - Total Taxes 19,672,527 22,096,752 22,096,752 - Licenses and Permits: Liquor Licenses 8,914 7,500 7,500 - Business Licenses 190,550 185,000 185,000 - Contractor's Licenses 22,210 18,625 18,625 - Tobacco/Cigarette Licenses 3,000 1,750 1,750 - Booting/Towing Licenses 450 600 600 - Building Permits 276,075 190,000 190,000 - Road Cut Permits 60,937 9,000 9,000 - Mobile Vendor Cart Permits 700 700 700 - Total Licenses and Permits 562,836 413,175 413,175 - Intergovernmental: Federal Grants: Click It or Ticket -3,000 3,000 - Ballistic Vests Grant 700 2,000 2,000 - State Grants LEAF Grant -12,500 12,500 - High Visibility Grant 27,154 20,000 20,000 - POST I70 Training Grants 3,441 45,000 45,000 - DOLA Grants ---- Recreation Center Grants ---- Other State Grants 33,153 --- Local Government/Other Agency Other Local Grants ---- Revenue Detail MUNICIPAL SERVICES General Fund ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2023 2024 2024 (Decrease) Revenue Detail MUNICIPAL SERVICES General Fund State/County Shared Revenue: Conservation Trust 84,408 80,000 80,000 - Motor Vehicle Registration 22,209 26,000 26,000 - Highway User's Tax 176,326 191,805 191,805 - County Sales Tax 693,826 746,750 746,750 - Road & Bridge Fund 152,997 150,000 150,000 - State Severance Tax 1,333 2,400 2,400 - Retail Delivery Fee 6,281 6,000 6,000 - Total Intergovernmental 1,201,828 1,285,455 1,285,455 - Charges for Services: General Government: Photocopying Charges -100 100 - License Hearing Fees -100 100 - Other Fees and Charges 529 3,500 3,500 - Credit Card and Paper Filing Fees 2,705 2,500 2,500 - Community Development: Plan Check Fees 168,370 120,000 120,000 - Design Review Fees 6,029 15,000 15,000 - Animal Control Fees -150 150 - Fire Impact Fee Administration Fees 4,408 1,500 1,500 - Public Safety:- Police Reports 812 1,000 1,000 - Police Extra Duty 16,374 25,000 25,000 - Fingerprinting Fees 830 500 500 - VIN Inspection Fees 2,195 2,000 2,000 - False Alarm Fees/Misc Police Dept Fees 30 75 75 - National Night Out -- DUI Reimbursement 12,319 15,000 15,000 - Avon Recreation Center: Admission Fees 1,311,481 1,140,000 1,140,000 - Program Fees 28,747 30,000 30,000 - Facility Rentals 25,322 18,000 18,000 - Merchandise Sales 9,472 10,000 10,000 - Other Recreation Services 10,786 8,800 8,800 - Fitness Program Revenues 52,416 45,000 45,000 - Swim Team Revenue 55,187 48,000 48,000 - Private Lessons 19,365 30,000 30,000 - Avon Rec CTR Gift Cards 350 1,000 1,000 - ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2023 2024 2024 (Decrease) Revenue Detail MUNICIPAL SERVICES General Fund General Recreation: Adult Program Revenues 28,765 14,000 14,000 - Cabin Equipment Rentals 38,325 35,000 35,000 - Athletic Field Rentals 220 240 240 - Cabin Concessions 86 500 500 - Youth Program Revenues 162,977 150,000 150,000 - Special Events: Consession Sales 98,046 96,130 96,130 - Sponsorships 1,350 10,000 10,000 - Event Fees 15,563 15,850 15,850 - Special Event Admission Fees 1,851 1,800 1,800 - Pavillion Rentals 5,116 5,000 5,000 - Total Charges for Services 2,080,026 1,845,745 1,845,745 - Fines and Forfeitures: Court Fines - Traffic 18,945 23,000 23,000 - Court Fines - Criminal 18,760 6,500 6,500 - Court Fines - Parking 2,390 3,000 3,000 - Court Costs 2,000 3,000 3,000 - Jury Fees -100 100 - Bond Forfeitures -100 100 - Police Training Surcharge 2,610 3,000 3,000 - Total Fines and Forfeitures 44,705 38,700 38,700 - Investment Earnings:1,551,768 1,500,000 1,500,000 - Other Revenues: Recreational Amenity Fees 304,969 330,000 330,000 - Lease of Town-Owned Property 4,350 3,500 3,500 - Miscellaneous Nonclassified Revenues 137,986 125,000 125,000 - Total Other Revenues 447,305 458,500 458,500 - TOTAL REVENUES 25,560,995$ 27,638,327$ 27,638,327$ -$ ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2023 2024 2024 (Decrease) General Government: Mayor and Town Council 253,179$ 292,388$ 299,888$ 7,500$ Town Attorney 202,010 205,000 210,000 5,000 Town Clerk 168,354 199,431 199,431 - Municipal Court 215,244 225,181 225,181 - Administrative Services 831,626 933,110 933,110 - Community Relations 300,107 358,036 364,036 6,000 Economic Development 350,875 307,170 310,920 3,750 Special Events 1,194,288 1,513,108 1,513,108 - Community Grants 119,000 120,250 120,250 - Sustainability 184,245 287,570 287,570 - Subtotal General Government 3,818,928 4,441,244 4,463,494 22,250 Human Resources: Human Resources 638,975 853,259 862,259 9,000 Finance and Information Technology: Finance 1,114,583 1,124,020 1,124,020 - Information Systems 613,392 841,994 845,317 3,323 Nondepartmental 480,659 417,770 417,770 - Subtotal Finance and IT 2,208,634 2,383,784 2,387,107 3,323 Total General Government, HR and Finance 6,666,537 7,678,287 7,712,860 34,573 Community Development: Planning and Zoning Commission 12,198 26,172 26,172 - Planning 581,839 823,734 941,344 117,610 Building Inspection 327,050 329,198 329,198 - Total Community Development 921,087 1,179,104 1,296,714 117,610 .... Police Department: Administration 1,056,516 1,136,141 1,149,141 13,000 Patrol 3,848,292 4,388,813 4,390,338 1,525 Investigations 383,635 541,434 545,074 3,640 Code Enforcement 164,936 341,873 382,504 40,631 Total Police Department 5,453,379 6,408,261 6,467,057 58,796 Department Expenditure Summaries MUNICIPAL SERVICES General Fund ATTACHMENT B Proposed Original Amended Difference Actual Budget Budget Increase Description 2023 2024 2024 (Decrease) Department Expenditure Summaries MUNICIPAL SERVICES General Fund Public Operations: Administration 429,072 369,658 369,658 - Engineering 650,204 784,601 784,601 - Roads and Bridges 3,862,510 3,634,253 3,694,253 60,000 Parks 1,023,861 1,121,686 1,142,383 20,697 Buildings and Facilities 2,108,349 2,146,754 2,146,754 - Total Public Works Department 8,073,996 8,056,952 8,137,649 80,697 Recreation Department: Administration 273,720 286,066 286,066 - Adult Programs 48,487 87,042 87,042 - Aquatics 819,664 1,005,995 1,005,995 - Fitness 297,053 352,865 352,865 - Guest Services 587,015 723,583 723,583 - Youth Programs 190,564 347,595 372,667 25,072 Communtiy Swim Program 216,883 258,309 258,309 - Total Recreation 2,433,386 3,061,455 3,086,527 25,072 TOTAL OPERATING EXPENDITURES 23,548,385$ 26,384,059$ 26,700,807$ 316,748$ ATTACHMENT B Fund Summary Original Amended Difference Unaudited Budget Budget #1 Increase 2023 2024 2024 (Decrease) REVENUES Taxes 5,905,128$ 8,500,000$ 8,500,000$ -$ Intergovernmental 200,000 2,600,000 2,600,000 - Investment Earnings 310,182 300,000 300,000 - Other Revenue 366,723 --- Total Revenues 6,782,033 11,400,000 11,400,000 - Other Sources: Transfer In from Other Funds 2,209,085 2,350,000 2,350,000 - Total Other Sources 2,209,085 2,350,000 2,350,000 - TOTAL REVENUES AND OTHER SOURCES 8,991,118 13,750,000 13,750,000 - EXPENDITURES Capital Improvements: Facilities 670,943 1,682,000 5,981,726 4,299,726 Land and Land Improvements 324,978 1,195,238 2,423,810 1,228,572 Roads and Streets 3,436,035 2,070,175 10,341,991 8,271,816 Drainage -1,575,000 1,775,000 200,000 Utility Projects 303,982 185,000 404,153 219,153 Planning and Consulting 23,146 -135,837 135,837 Debt Service: Capital Leases 55,720 55,720 55,720 - Total Expenditures 4,814,804 6,763,133 21,118,237 14,355,104 Other Uses Operating Transfer-Out - General Fund 600,473 618,487 618,487 - Operating Transfer-Out - Mi Casa Program 734,871 450,000 652,929 202,929 Operating Transfer-Out - Debt Service Fund 963,142 962,124 962,124 - Operating Transfer-Out - Mobility Fund 200,000 200,000 200,000 - Operating Transfer-Out - Fleet Maintenance Fund 398,766 193,002 193,002 - Operating Transfer-Out - Equipment Replacement Fund 505,922 652,538 652,538 - Total Other Uses 3,403,174 3,076,151 3,279,080 202,929 TOTAL EXPENDITURES AND OTHER USES 8,217,978 9,839,284 24,397,317 14,558,033 NET SOURCE (USE) OF FUNDS 773,141 3,910,716 (10,647,317) (14,558,033) FUND BALANCE, Beginning of Year 14,018,774 2,908,167 14,791,915 11,883,748 FUND BALANCE, End of Year 14,791,915$ 6,818,883$ 4,144,597$ (2,674,286)$ Fund Balances Restricted For: Asphalt Overlay 36,736$ -$ -$ -$ Assigned For: Tract G/URA Projects 844,108 2,429,108 2,429,108 - Unreserved 13,911,071 4,389,775 1,715,489 (2,674,286) Total Fund Balances 14,791,915$ 6,818,883$ 4,144,597$ (2,674,286)$ Capital Projects Fund #41 Supplemental Amendment #1 ATTACHMENT C Original Amended Difference Account Actual Budget Budget #1 Increase Number Description 2023 2024 2024 (Decrease) Taxes: 51401 Real Estate Transfer Tax 5,904,298$ 8,500,000$ 8,500,000$ - 51304 Penalties and Interest 830 --- 51000 Total Taxes 5,905,128 8,500,000 8,500,000 - Intergovernmental: Federal / State: 53201 CDOT Revitalize Main Street Grant (Hwy 6 Roundabout)---- 53201 CDOT Multimodal Trans. & Mit. Options Fund Grant (Hwy 6 Rounda ---- 53201 American Recovery Plan Act -1,600,000 1,600,000 - 53201 DOLA Irrigation Grant -1,000,000 1,000,000 - 53201 CDOT Transit Grant --- 53201 2024 Charge Ahead Grant Fast (EV Charging Station)--- 53299 Colorado Energy Office - 2022 Charge Ahead Grant 200,000 --- 53299 Colorado Water Conservation Board ---- 53402 Eagle County Contribution (Hwy 6 Roundabout)---- 53000 Total Intergovernmental 200,000 2,600,000 2,600,000 - Investment Earnings: 57101 Interest Earnings 310,182 300,000 300,000 - 57000 Total Investment Earnings 310,182 300,000 300,000 - Other Revenues: 58209 Contributed Infrastructure & Improvements (McGrady Acres Park)---- 58209 Armored Rescue Vehicle (Community Contributions)437,375 58999 Miscellaneous Nonclassified Revenue 366,723 --- 58000 Total Other Revenues 366,723 437,375 -- Other Sources: Transfers In - General Fund 59201 - Purchase of Employee Housing ---- Transfer In from Avon URA: 59201 Tract G Projects 1,000,000 1,750,000 1,750,000 - Transfer in from Community Enhancement Fund 59201 Powerline Undergrounding 120,000 100,000 100,000 - Transfer in from Water Fund 59201 Nottingham-Puder Ditch Piping 1,089,085 500,000 500,000 - Transfer in from Equipment Replacement Fund 59201 Diving Board and Water Slide ---- 59000 Total Other Sources 2,209,085 2,350,000 2,350,000 - 50000 TOTAL REVENUES 8,991,118$ 14,187,375$ 13,750,000$ -$ Revenue Detail Capital Projects Fund #41 Supplemental Amendment #1 ATTACHMENT C (1)(2)(3)(4)(1+2+4) Revised 2022 and Original Amended Estimated Difference Account Prior Actual Budget Budget #1 Project-to-Date Remaining Expenditures Increase Number Description Actuals 2023 2024 2024 Expenditures Less Current Year Budget Current Proposed (Decrease) Project Status CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11019 Utility Upgrade 483,673$ -$-$-$483,673$ - 470,845$ 470,845$ -$ Completed - 2022 11023 New Town Hall 2nd and 3rd Floor Updates 90,508 12,096 - - 102,604 - 130,000 141,491 (11,491) Completed - 2023 11025 H.A. Nottingham Park East Improvements 319,887 39,277 - - 359,164 2,490,836 2,850,000 2,850,000 - In Progress 11028 Office Furniture 96,619 84,574 - - 181,193 - 203,184 203,184 - Completed - 2023 11029 Building Access Control - 52,311 - - 52,311 - 70,000 70,000 - Completed - 2023 11030 Town Hall Front Entry ADA Access 13,225 5,545 - - 18,770 - 25,000 25,000 - Completed - 2023 11031 511 Metcalf Road #G20 537,519 (63)- - 537,456 - 535,000 535,000 - Completed - 2022 11033 IT Office Expansion - - - - - 30,000 30,000 30,000 - In Progress 11032 Building Door Replacements - - - - - 105,000 105,000 105,000 - In Progress - - Public Safety Facilities:- - 12006 PSF Parking Lot Canopy Design 20,000 - - 20,000 - 20,000 20,000 - Completed - 2022 12007 Wildridge Emergency Warning Siren 223,420 8,000 - - 231,420 - 356,436 356,436 - Completed - 2023 Public Works Facilities:- - 13014 Public Works Facilities Expansion Planning 14,774 235,686 - - 250,460 349,540 600,000 600,000 - In Progress Fleet and Transportation Facilities:- - 14010 Fleet Maintenance EPDM Roof Replacement 10,500 - - - 10,500 449,500 460,000 460,000 - In Progress 14019 Bus Shelters (6)436,350 2,233 - 20,000 458,583 3,917 462,500 462,500 - In Progress 14020 Fleet Maintenance - HVAC / AC - - - -- 25,000 25,000 25,000 - In Progress 14021 ARTF Roof Improvements / Snow 44,860 - - - 44,860 5,140 50,000 50,000 - In Progress 14022 ARTF Roof Repair 75,701 1,000 - - 76,701 63,299 140,000 140,000 - In Progress 14023 ARFT - Overhead Door Replacement - 63,572 - - 63,572 41,428 105,000 105,000 - In Progress 14024 ARTF - BAS / HVAC PM - -- - - 165,000 165,000 165,000 - In Progress 14025 ARTF - HVAC Separation - 18,087 - - 18,087 151,913 170,000 170,000 - In Progress 14026 ARTF - Bus Wash Exit - 20,330 - - 20,330 104,670 125,000 125,000 - In Progress 14027 Fleet Compressor System - - 40,000 40,000 40,000 - 40,000 40,000 - New Project 2024 14028 Fleet Vehicle Lifts Repair*- -320,000 320,000 320,000 - 320,000 320,000 - New Project 2024 Police Facilities:- - 12008 PD Cooling Tower Chemical loop pump - - 12,000 12,000 12,000 - 12,000 12,000 - New Project 2024 12009 EV Charging Station at PD*- - 20,000 100,000 - 100,000 20,000 80,000 New Project 2024 Cultural and Recreational Facilities:- - 15019 Pavilion - Deck Railing and Floor Replacement 415,314 - - - 415,314 - 425,600 425,600 - Completed - 2023 15021 Recreation Center Locker Replacement 330,439 - - - 330,439 - 330,439 330,439 - Completed - 2022 15023 Recreation Center HVAC Upgrade 52,445 252,303 - - 304,748 - 250,000 250,000 - Completed - 2023 15024 Recreation Center ADA Parking 20,000 - - - 20,000 - 20,865 20,865 - Completed - 2022 15028 Recreation Center Pool Replastering 204,140 - - - 204,140 - 205,000 205,000 - Completed - 2022 15029 Recreation Center Aquatics Remodel Plan and Design - 13,350 750,000 750,000 763,350 36,650 800,000 800,000 - In Progress 15031 Water Slide Repair 33,070 8,300 - 3,200 44,570 - 45,788 45,788 - Completed - 2022 15032 Sauna / Steam Room Remodel 7,867 109,318 - -117,185 - 107,764 107,764 - Completed - 2023 15033 Public Art - "Mother's Pride"- 30,000 - - 30,000 - 30,000 30,000 - In Progress 15043 Swim Area Anchors Nottingham Lake (4)- - 10,000 10,000 10,000 - 10,000 10,000 - New Project 2024 15044 Art Pedestal Repairs and Solar Light Install - - 75,000 75,000 75,000 - 75,000 75,000 - New Project 2024 15034 Additional Lighting and Signage for Stage - - 50,000 50,000 50,000 - 50,000 50,000 - New Project 2024 15035 Pool area LED replacement - -100,000 100,000 100,000 - 100,000 100,000 - New Project 2024 15036 Fitness Court Removal Design - - 35,000 35,000 35,000 - 35,000 35,000 - New Project 2024 15037 Improve Rear Access to Rec Center - -150,000 150,000 150,000 - 150,000 150,000 - New Project 2024 15038 Rec Center Building Key Card Access - - 50,000 62,650 62,650 - 50,000 50,000 - New Project 2024 15039 Rec Center additional 8 new cameras - - 25,000 25,000 25,000 - 25,000 25,000 - New Project 2024 15041 Rec Cernter Furniture - - 15,000 15,000 15,000 - 15,000 15,000 - New Project 2024 15042 Monument Signs for Pocket Parks - - 75,000 75,000 75,000 - 75,000 75,000 - New Project 2024 21070 Special Events Meridian Barriers - - 65,238 66,983 66,983 - 65,238 65,238 - New Project 2024 - - Other Facilities:- - 19008 EV Charging Stations (6)226,395 13,600 - - 239,995 - 257,500 257,500 - Completed - 2022 19009 2120 Saddle Ridge Loop Window Replacement - 25,850 - - 25,850 - 40,000 40,000 - Completed - 2023 19010 Heat Recovery Controls Replacement - 193,349 - - 193,349 - 251,000 251,000 - Completed - 2023 14029 ARTF Furniture for Facilities - - 50,000 50,000 50,000 - 50,000 50,000 - New Project 2024 - - CIP Projects Inventory Project Expenditures Total Project Budget Capital Projects Fund #41 2024 Supplemental Amendment #1 ATTACHMENT C (1)(2)(3)(4)(1+2+4) Revised 2022 and Original Amended Estimated Difference Account Prior Actual Budget Budget #1 Project-to-Date Remaining Expenditures Increase Number Description Actuals 2023 2024 2024 Expenditures Less Current Year Budget Current Proposed (Decrease) Project Status CAPITAL IMPROVEMENT PROJECTS CIP Projects Inventory Project Expenditures Total Project Budget Capital Projects Fund #41 2024 Supplemental Amendment #1 Land and Land Improvements:- - 21027 O'Neil Spur Park Improvements Design - - - - - 20,000 20,000 20,000 - In Progress 21053 Nottingham Park West Courts Reconstruction 1,409,347 1,773 - - 1,411,120 - 1,432,523 1,432,523 - Completed - 2022 21054 Wildland Fire Mitigation 40,000 40,000 40,000 40,000 120,000 - NA NA Ongoing 21055 Power Line Undergrounding 1,533 - - - 1,533 118,467 120,000 120,000 - In Progress 21058 North Restrooms - Nottingham Lake Beach 59,754 - - - 59,754 480,246 540,000 540,000 - In Progress 21063 Saddleridge Park Refresh - - - - - 100,000 100,000 100,000 - In Progress 21064 Park Water Fountain Replacement - 2,400 - - 2,400 72,600 75,000 75,000 - In Progress 21065 Irrigation System Project Design - -- - - - - 80,000 (80,000) In Progress 21066 Eaglebend Park Improvements - 10,748 - - 10,748 539,252 550,000 550,000 - In Progress 21067 Wildridge Trail Contributions - -- - - 58,245 58,245 58,245 - In Progress 21068 H.A.N. Irrigation System Construction*- -750,000 750,000 750,000 - 750,000 750,000 - New Project 2024 31032 Railing Repairs at VAA - - 35,000 35,000 35,000 - 35,000 35,000 - New Project 2024 31033 Post Blvd Irrigation Repair - -150,000 150,000 150,000 - 150,000 150,000 - New Project 2024 21069 West Restrooms - - 60,000 60,000 60,000 - 60,000 60,000 - New Project 2024 - - Roads and Streets:- - Streetscape Improvements:- - 31030 Mall Activation Elements 26,579 9,637 - 4,100 40,316 (316)40,000 40,000 - In Progress 31031 Avon Rd./I70 Aesthetics Improvements 1,135,669 - - - 1,135,669 - 1,150,000 1,150,000 - Completed - 2022 32035 Metcalf Road - Retaining Wall Stabilization - - - - - 80,000 80,000 80,000 - In Progress Street Improvements:- - Annual Street Maintenance and Repair:- - 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.7,442 - - - 7,442 192,558 200,000 200,000 - In Progress 32030 Avon Road Safety Improvements 69,196 51,567 150,000 150,000 270,763 - NA NA - Ongoing 32032 Hurd Lane Intersection Improvements 9,957 - - - 9,957 - 20,000 20,000 - Completed - 2022 32033 W. B/C Blvd. - US Hwy 6 to Avon Elem.29,470 922,704 - - 952,174 - 1,349,513 1,349,513 - Completed - 2023 32034 Buck Creek Repairs 582,985 - - - 582,985 - 800,000 800,000 - Completed - 2022 32036 Fawcett Road Asphalt Overlay 25,456 362,023 - - 387,479 - 440,000 440,000 - Completed - 2023 32037 W. B/C Blvd. - Concrete Repairs - - - - - 223,701 223,701 223,701 - In Progress 32038 Metcalf Road Culvert Repair 43,820 440,720 - - 484,540 - 493,820 493,820 - Completed - 2023 32040 Metcalf Road Manhole Repair 15,055 - - - 15,055 - 14,000 14,000 - Completed - 2022 32041 Millie's Lane Asphalt Overlay 42,653 - - - 42,653 - 46,523 46,523 - Completed - 2022 32042 East Beaver Creek Blvd. Repair Project 28,806 - - - 28,806 - 28,806 28,806 - Completed - 2022 33220 Annual Guard Rail Improvements 51,933 26,820 40,000 40,000 118,753 - NA NA - Ongoing 33221 Asphalt Seal Coat Roadway & Parking Lots - 111,610 - - 111,610 - 100,000 485,000 (385,000) Completed - 2023 32043 Upper Buck Creek Repairs / Asphalt Overlay - 5,040 - - 5,040 1,287,708 1,292,748 1,292,748 - In Progress 32044 Swift Gulch Road - Buffalo Ridge Asphalt Overlay - -613,474 613,474 613,474 60,000 673,474 673,474 - In Progress 32045 Old Trail Road Asphalt Overlay - -626,701 626,701 626,701 163,000 789,701 789,701 - In Progress 32046 WBCB River Bridge Deck Repair Railing Upgrade - 5,680 - - 5,680 244,320 250,000 250,000 - In Progress 32047 Avon Road Pedestrian Crosswalk Repairs - 49,266 - - 49,266 734 50,000 50,000 - In Progress 31034 I-70 Off-ramp Streetlight Repair - - 50,000 50,000 50,000 - 50,000 50,000 - New Project 2024 31035 Town Wide Retaining Wall Structures Analysis - - 80,000 80,000 80,000 - 80,000 80,000 - New Project 2024 31036 Riverfront/Ped Mall Manhole Repairs - - 60,000 60,000 60,000 - 60,000 60,000 - New Project 2024 31043 Tract A DC Fast Chargers (4)- -350,000 350,000 350,000 - 350,000 350,000 - New Project 2024 Post Blvd Asphalt Overlay - -- 250,000 250,000 - 250,000 250,000 - New Project 2024 31044 W. Main Street Mall Improvements - -100,000 100,000 100,000 - 1,500,000 1,500,000 - New Project 2024 Multi-Modal/Alternative Mobility:- - 32039 US Hwy 6 & Stonebridge Rd. Roundabout 369,712 120,919 - - 490,631 4,109,369 4,600,000 4,600,000 - In Progress 34044 June Creek Emergency Access 8,918 10,505 - 217,325 236,748 90,577 327,325 110,000 217,325 In Progress Recreational Trails Program:- - 34041 Lee's Way Trail Rebuild 600 - - - 600 49,400 50,000 50,000 - In Progress 34045 Recreation Trail Path Recon. - Lower Athletic Field 13,238 83,422 - - 96,660 769,340 866,000 866,000 - In Progress 34046 Hurd Lane - Recreation Trail Reconstruction - - - - - 205,000 205,000 205,000 - In Progress 34047 Eagle Valley Trail - West Reconstruction - - - - - 325,000 325,000 325,000 - In Progress ATTACHMENT C (1)(2)(3)(4)(1+2+4) Revised 2022 and Original Amended Estimated Difference Account Prior Actual Budget Budget #1 Project-to-Date Remaining Expenditures Increase Number Description Actuals 2023 2024 2024 Expenditures Less Current Year Budget Current Proposed (Decrease) Project Status CAPITAL IMPROVEMENT PROJECTS CIP Projects Inventory Project Expenditures Total Project Budget Capital Projects Fund #41 2024 Supplemental Amendment #1 - - - Drainage Projects: 61011 Tract A Drainage Improvements - - - - - 50,000 50,000 50,000 - In Progress 61013 330 Nottingham Road Drainage Improvements - - 500,000 500,000 500,000 75,000 575,000 575,000 - In Progress 61014 400 West Beaver Creek Blvd. Drainage Improvements - - 500,000 500,000 500,000 75,000 575,000 575,000 - In Progress 61015 Nottingham Rd Basin 4 Erosion Control - - 400,000 400,000 400,000 - 125,000 125,000 - New Project 2024 61016 Puder Ditch Headgate Repair - - 75,000 75,000 75,000 - 75,000 75,000 - New Project 2024 61017 Nottingham Reservoir Repairs - - 100,000 100,000 100,000 - 100,000 100,000 - New Project 2024 Utility Projects:- - 21026 Nottingham Rd. Debris Flow Improvements and Water Qu 554,140 32,438 - - 586,578 - 600,810 600,810 - Completed - 2023 61012 Nottingham-Puder Ditch Piping 23,512 867,279 - - 890,791 - 1,112,597 1,112,597 - Completed - 2023 11034 Council Chambers AV Improvements - - 10,000 10,000 10,000 - 10,000 10,000 - New Project 2024 81022 Rec Center AV/WIFI upgrades - - 65,000 65,000 65,000 - 65,000 65,000 - New Project 2024 19011 Recycling Center Upgrade*- - 110,000 110,000 110,000 - 110,000 110,000 - New Project 2024 81011 Broadband 44,598 1,930 - - 46,528 78,473 125,000 125,000 - In Progress 81015 Finance/Comm Dev. ERP System 187,875 (8,780) - - 179,095 - 275,290 275,290 - Completed - 2023 81016 Mini-split NTH Data Center 12,070 - - - 12,070 - 20,000 20,000 - Completed - 2022 81019 Microsoft Teams Phone System Migration 38,547 12,808 - - 51,355 - 64,413 64,413 - Completed - 2023 81020 Surveillance NVR Server Consolidation and Replacemen 22,201 - - - 22,201 9,799 32,000 32,000 - In Progress 81021 Nottingham Park Wi-Fi Access - 19,119 - - 19,119 130,881 150,000 150,000 - In Progress 61065 Nottingham / Wildridge Culvert Repairs - 125,000 - - 125,000 - 125,000 125,000 - New Project 2024 - - Planning and Consulting:- - 79114 Schematic Design / Final Design - W. Main Street 31,544 107,619 - - 139,163 135,837 275,000 275,000 - In Progress 79115 Facilities Reserve Study - 57,675 - - 57,675 - 75,000 75,000 - Completed - 2023 - Total Capital Improvement Projects 8,543,316$ 4,658,638$ 6,707,413$ 7,296,433$ 20,398,387$ 13,766,084$36,170,648$ 36,349,814$ (179,166)$ ATTACHMENT C Supplemental Original Amended Difference Unaudited Budget Budget Increase 2023 2024 2024 (Decrease) REVENUES Taxes 46,696$ 70,135$ 70,135$ -$ Intergovernmental 1,110,502 1,126,000 156,000 (970,000) Charges for Services 222,868 349,275 349,275 - Other Revenues 84,233 145,611 145,611 - Total Operating Revenues 1,464,299 1,691,021 721,021 (970,000) Other Sources Transfers In from General Fund 1,300,000 1,500,000 1,500,000 - Transfers In from Capital Projects Fund 200,000 200,000 200,000 - Total Other Sources 1,500,000 1,700,000 1,700,000 - TOTAL REVENUES 2,964,299 3,391,021 2,421,021 (970,000) EXPENDITURES Administration 379,191 272,031 273,041 1,010 Transit Operations 2,474,927 2,745,249 1,881,249 (864,000) Washbay 240,614 225,851 259,851 34,000 Mobility Programs 339,450 602,757 602,757 - TOTAL EXPENDITURES 3,434,182 3,845,888 3,016,898 (828,990) NET SOURCE (USE) OF FUNDS (469,883) (454,867) (595,877) (141,010) FUND BALANCES, Beginning of Year 1,382,370 649,832 912,487 262,655 FUND BALANCES, End of Year 912,487$ 194,965$ 316,610$ 121,645$ Fund Summary Mobility Enterprise Fund #52 Supplemental Amendment #1 ATTACHMENT D ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT E ATTACHMENT E Proposed Original Amended Difference Actual Budget Budget Increase 2023 2024 2024 (Decrease) REVENUES Taxes: Short-term Rental Tax 1,040,994$ 1,060,900$ 1,060,900$ -$ Intergovernmental: State Grants -200,000 200,000 - Other Local Grants -16,000 16,000 Charges for Services: Rental Revenues - Employees 78,016 79,614 79,614 - Other Revenue: Bond Issuance Fees 13,912 9,000 9,000 - Total Operating Revenues 1,132,922 1,365,514 1,365,514 - Other Sources Operating Transfers-In 734,871 450,000 652,929 202,929 Total Other Sources 734,871 450,000 652,929 202,929 TOTAL REVENUES 1,867,793 1,815,514 2,018,443 202,929 EXPENDITURES General Government: Community Housing Capital Projects: Planning and Consulting 241,084 1,644,000 1,644,000 - Facilities 9,647 --- Mi Casa Deed Restriction Program 199,200 600,000 1,874,550 1,274,550 Grant Consulting -26,000 26,000 Tract Y Contribution -600,000 600,000 - Community Housing Operating Expenditures -1,000 1,000 - TOTAL EXPENDITURES 449,931 2,871,000 4,145,550 1,274,550 NET SOURCE (USE) OF FUNDS 1,417,862 (1,055,486) (2,127,107) (1,071,621) FUND BALANCES, Beginning of Year 1,628,440 3,032,389 3,046,302 13,913 FUND BALANCES, End of Year 3,046,302$ 1,976,903$ 919,195$ (1,057,708)$ Fund Summary Community Housing Fund #25 Supplemental Amendment #1 ATTACHMENT F 970-390-2014 ewilson@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Eva Wilson, Public Works Director RE: Notice of Award – June Creek Emergency Access DATE: April 3, 2024 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the June Creek Emergency Access Improvements project as approved in the Town of Avon 2024 Capital Projects Fund. Project will improve June Creek Trail to enable vehicle access during Emergencies and Wildfire conditions. Construction is scheduled to begin mid-April and be completed by mid-June. Final schedule is contingent on the Forest Service Special Use Permit and Eagle County’s Building Permit and ROW Permit approvals. Eagle County has agreed to expedite permit processing and waive the permit fees. Additional contribution from Eagle County has been requested. DISCUSSION: Planning, Police, and Engineering staff have been working towards this critical Emergency Access project for several years. Last year, on June 13, 2023, the Planning staff received a Location and Extent (LEA) approval from Eagle County. On December 22, 2023, Berry Creek Metropolitan District entered into an Intergovernmental Agreement with the Town of Avon to provide conditional Easement Use of the June Creek Trail. A Forest Service (FS) Special Use Permit is currently in review with approval anticipated this summer. The FS Special Use permit will enable modest trail improvements and the installation of an upper gate on FS property. Project: The project widens the southerly portion of June Creek Trail which is located in Berry Creek Metropolitan District to 10’ to enable vehicle access during Emergencies and Wildfire conditions. Work includes clearing and grubbing, earthwork, retaining walls, drainage improvements, and the installation of two gates. Project Site - Berry Creek Metropolitan District - June Creek Trail Page 2 of 3 Lower Trail Improvements: Lower June Creek Trail Construction Schedule: Construction is scheduled to begin mid-April and be completed by mid-June. Final schedule is contingent on the Forest Service Special Use Permit and Eagle County’s Building and ROW Permit approvals. Eagle County has agreed to expedite permit processing and waive the permit fees. Additional funding contributions from Eagle County have been requested. The project was advertised for four weeks on Bidnetdirect.com. The Solicitation was closed on February 2, 2024. Five bids were received; the RPM Construction bid was $285,902, Phoenix Industries bid was $302,202, TruGrit bid was $340,029, Nakupuna Solutions bid was $420,827, and X-Fields bid was $457,153. RPM Construction has successfully completed a similar project for the Town of Avon. FINANCIAL CONSIDERATIONS: The construction will be funded from the 2024 Capital Projects Fund. Future routine maintenance is estimated at $1,000/year and will be accomplished by the Public Works Dept. The original budget of $110,000 was based on a simpler scope of work that included grading, grubbing, and revegetation. The current scope of work includes a retaining wall to comply with Eagle Page 3 of 3 County’s 75’ Stream Setback and the addition of gates to restrict vehicle access during non-emergency conditions. An additional $217,235 will be needed to fund the project. Available CIP Project Budget $110,000 Construction Cost $ 285,902 Survey and Design $ 19,423 Construction Support $ 5,000 Berry Creek Metro District Construction Liaison $ 2,000 Contingency (5 %) $ 15,000 Total Project Cost: $ 327,325 Additional CIP funds needed $217,325 RECOMMENDATION: Staff requests Council authorization to award the construction of the June Creek Emergency Access project to RPM Construction in the amount of $285,902 and increase the June Creek Emergency Access CIP project budget to $327,325. PROPOSED MOTION: “I move to authorize the issuance of a Notice of Award for the construction of the June Creek Emergency Access to H&L Concrete in the amount of $285.902 as approved in the Town of Avon 2024 Capital Projects Fund and increase the June Creek Emergency Access CIP project budget to $327,325.” Thank you, Eva 970-748-4065 ddempseyavon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Danita Dempsey, Culture, Art & Special Events Manager RE: Avon Performance Pavilion Name & Sign DATE: March 28, 2024 SUMMARY: During February 27, 2024, Town Council, Staff received directions to present stage sign and facility names to the CASE Committee. Staff presented to the CASE Committee during the March 21, 2024, meeting requesting one or more recommendation(s) for the stage sign and requested the CASE Committee consider if the sign and the official name of the facility are identical or separate. The summary of this discussion is provided below. The CASE Committee recommends "Avon Pavilion" as the most suitable stage sign and facility name. This recommendation is presented with three options for Council consideration, (1) Avon Pavilion with brand approved font and consistency between “Avon” and Pavilion” fonts (2) without the inverted “V” and Avon logo font and (3) with the inverted “V” and Avon logo font. BACKGROUND: Staff presented multiple stage sign renderings and facility names for the CASE Committee to discuss. The designs included versions with and without the inverted “V” in Avon’s logo, and with and without “Colorado.” There was a lot of discussion about the use of the Avon logo and its custom font versus not using the Avon logo/font and instead having a similarity with fonts between the words Avon and Pavilion. The Committee also discussed the limited height and length related to the number of letters in the sign and whether "Colorado" was necessary. The Committee decided that there was not sufficient space for “Colorado” nor was it necessary. There was Committee consensus on “…simplicity is better….” Furthermore, the CASE Committee examined images of eleven (11) outdoor stages/amphitheaters to illustrate the placement of the signs and/or facility names in other communities. The CASE Committee stated that the "...images of what other venues do was helpful..." and concluded that the stage sign and facility name should be one in the same. DISCUSSION: The three (3) sign and facility name renderings for Council discussion and direction are provided below. Image 1: Avon Pavilion with consistent branded font. Image 2: Avon logo and custom logo font; without inverted “V”. Page 2 of 2 Image 3: Avon logo and custom logo font; with inverted “V”. The size of the letters for each of the names provided above ranges between 7.75” and 9”, with a recommended thickness of 1.5” stainless-steel letters, stud mounted with stand-off or spacers. The stainless-steel letters finish would fit with the design elements of the stage already in place. This could be (1) painted in a brand approved grayscale as provided below (2) a gunmetal grey steel or (3) a more rustic (antique) application. In addition, depending on materials and fabrication lead times, Staff is hopeful this project will be complete in early summer. FINANCIAL CONSIDERATIONS: The cost of the sign is linked to the number of letters in the name. However, Staff estimates the cost of design, fabrication, and installation ranges between $3,200 and $4,500. PROPOSED MOTION: “I move to approve the official name of the Avon Pavilion with [Avon Pavilion with consistent brand font, or Avon logo, custom font without the inverted “V” or Avon logo, custom font with the inverted “V”. Thank you, Danita 970-748-4446 mlabagh@avon.org Page 1 of 2 TO: Honorable Mayor Phillips and Council members FROM: Michael Labagh, Recreation Director RE: Eaglebend Pocket Park Project Update DATE: April 1, 2024 SUMMARY: This report provides an update regarding the Eaglebend Pocket Park Redevelopment Project. The Planning and Zoning Commission reviewed and approved the park design at their March 25, 2024 meeting. Staff have finalized the park design with Zehren and Associates and are requesting the Town Council’s feedback on items pertaining to safe access to the pocket park. BACKGROUND: The Town was awarded a grant from Great Outdoors Colorado (GOCO) in June 2023 to redevelop the Eaglebend Pocket Park. Between September 2023 and March 2024, the Town conducted community engagement in the form of a survey and community meetings. Both community meetings were held at the Eaglebend Apartments multi-use room to engage with the surrounding neighborhood directly. During the public engagement process, members of the community expressed concern regarding safe access to the redeveloped park. These comments prompted the design team to add options for the addition of a pedestrian/bike lane and three parking spaces added at the south side of the cul-de-sac on Eaglebend Drive. Youth engagement efforts were also made by soliciting feedback regarding the playground equipment from school-age children in the Recreation Department’s Afterschool Program. Throughout the community engagement process and internal staff meetings with Zehren and Associates, the park design has been finalized and is included in Attachment A. At the March 25, 2024 Planning and Zoning Commission meeting, the Major Development Plan application MJR24001 was approved unanimously, with a single condition for the requirement for a license agreement between the Town and developers of McGrady Acres Subdivision for the encroachment and maintenance of the retaining walls and fencing required. The meeting abstract is included as a written report in the April 9, 2024 Council packet materials. ANALYSIS: Neighboring Properties: The park is bounded by Eaglebend Drive to the south, a single-family home to the west, the dormant Union Pacific railroad tracks and surrounding right of way to the north, and the currently under-construction McGrady Acres subdivision development to the east. McGrady Acres has rebranded as “The Kestral” as of early 2024. The Town conducted a public engagement meeting at the Eaglebend Apartments on January 31st, to present the park design to community members and garner feedback. Meeting participants expressed that the Town should look to address park access. Specifically, some attendees indicated existing conflicts between motorized and non-motorized users on Eaglebend Drive. The owner / resident of the property on the opposite side of park, next to the proposed parking area, gave support for the park improvements and did not express concerns over the design. Additionally, the Town met with the owner / resident of the single-family home contiguous to the park to discuss the updated park design. The individual communicated to Town staff that he endorses the split rail fence (as opposed to other fence types) proposed as the boundary between the park and his property, is hopeful that tree removal can be performed to address aspen trees interfering with his driveway, and was “50/50” of the parking spaces but hopeful that it will reduce illegal parking on the cul-de-sac. The individual asked staff to reconsider the design that included a grill, and the grill feature was subsequently removed from the design. 970-748-4446 mlabagh@avon.org Page 2 of 2 Landscaping: Landscape screening will be added to the east and west side of the park. The proposed parking spaces will also be screened from the property directly to the south. The existing turf area for the park on the northeast side of the cul-de-sac is 6,180 square feet and the proposed turf area in the new design is 2,734 square feet. This is a reduction of 3,446 square of turf. Although the park area is expanding, less water will be used due to the significant reduction in turf and utilizing mostly xeric plants in the new landscaping. Avon Municipal Code identifies that that irrigated turf in a park or playground qualifies as “essential,” as opposed to non-essential turf (§7.28.050(j)). FINANCIAL CONSIDERATIONS: The Town was awarded a GOCO Community Impact Grant in the amount of $375,000 with a Town match of $175,000, bringing the total project budget to $550,000. The estimated project budget is included in Attachment B. The addition of asphalt parking spaces is estimated to cost $14,950.00 and the addition of a concrete sidewalk at the cul-de-sac, connecting to the park, will cost $8,200.00, totaling $23,150.00. The current estimate of the total cost of the project is $640,076 which is $90,076 over the original budget. It is also noted the developer of McGrady Acres deeded .14 acres to the town (which increased the park area) and remitted $249K in cash as part of the fee in lieu of providing total required park land. Striping a pedestrian/bike lane on north side of Eaglebend Drive, spanning from the Stonebridge Drive intersection to the cul-de-sac will cost approximately $1,000.00. Staff recommend striping only the north side of the road with one, 4-inch white line to delineate the 4-foot-wide designated bike/pedestrian lane. REQUESTED DIRECTION: Staff are seeking direction from the Town Council if a pedestrian/bike lane should be added to Eaglebend Drive and if parking spaces should be added at the cul-de-sac to service the park. OPTIONS: Staff have prepared four options for Council consideration. Option A: Approve the addition of both a pedestrian/bike lane and parking spaces at the cul-de-sac on Eaglebend Drive to enhance safe and convenient access to the park. Option B: Approve the addition of only parking spaces at the cul-de-sac on Eaglebend Drive. Option C: Approve the addition of only a pedestrian/bike lane on the north side of Eaglebend Drive, spanning from the Stonebridge Drive intersection to the cul-de-sac adjacent to the park. Option D: Take no action and move forward with the park design without the addition of a pedestrian/bike lane or parking spaces at the cul-de-sac on Eaglebend Drive. RECOMMENDATION: I recommend Option A, to approve the addition of both a pedestrian/bike lane and parking spaces at the cul-de-sac on Eaglebend Drive, in order to improve public accessibility and safety in and around the park. TOWN MANAGER COMMENTS: I support this park plan. It is over the original budget, but is thoughtful, well done, and will set a benchmark for design and quality of neighborhood parks in Avon. Thank you, Michael ATTACHMENTS: Attachment A – Eaglebend Pocket Park Design 3.29.24 Attachment B – Eaglebend Pocket Park Cost Estimate 3.29.24 EAGLEBEND POCKET PARK EXPANSION AND RENOVATION Zehren and Associates 3.12.24 Park Area = 0.35 Acres (15,463 sf) Illustrative PlanSheet 7 McGrady d Acrecress Townwhomeess McGrMcGrady ady AcreAcresss TownTownhomehomessEagleb e n d D r i v e RaiRaiRRlrolrad d TraTckss AsphAsphalt alt DrivDrivewayeway Asphalt Driveway Mcgrady Acres Parking Existing Trees Existing Trees Existing Trees Site B o u n d a r y Site B o u n d a r y Site B o u n d a r y Existing Landscape Berm Existing Turf Area La ADA P a r k i n g Stal l Asphalt Parking (3) Spaces (add Alternate) 4’ Concrete Sidewalk (Add Alternate) Bike Racks (3) Trash / Recycling Bin Park Rules Sign Play Structure W/ Slides Strap Swings 5’ Concrete Step Ramp 40’ Utility Easement Town Standard Bench Stepping Stone Path Town Standard Bench Angular Sandstone Boulder Benches Park Monument Sign Picnic Shelter (10’ x 20’)Drinking Fountain Path Connection To Bus Stop s Porta-Potty Enclosure (8’ x 8’) 0’0’000 SCALE: 1”E:E: E: E: = 10’-0”0’-00 5’5 10’10’2020’20’ Climbing Boulder Existing Trees Active Play Area (2,721 SF) Cedar Split Rail Fence Site B o u n d a r y Existing Boulder Wall Natural Log and Stump Border 5’ Concrete Path (ADA Accessible Route) Solar Powered Bollard Lights (Typical of 8) Existing Tree Pedestrian and Bike Lane Striped on North Side of Eaglebend Drive Bio-Swale (Cobble Lined) Spinner Picnic Tables (2 Standard + 1 ADA) Paver Plaza Soft Path Park Entry Plaza (Pavers) Bucket Swings 4’ Metal Slat Fence (By McGrady Acres) Landscape Buffer and Screening 4’ Concrete Path (Alternative is Crusher Fines) 8” Concrete Curb Town Standard Bench Angular Sandstone Boulder Benches Fibar Wood Mulch Safety Surface Landscape Buffer and Screening Private Home ADA Ramp W / Metal Handrails Access Path and Gate by Mcgrady Acres Boulder Scramble Play Area #1 Play Area #2 Play Area #3 ATTACHMENT A EAGLEBEND POCKET PARK EXPANSION AND RENOVATION Zehren and Associates 3.12.24 Park Play Features, Furnishings, and MaterialsSheet 8 Climbing Boulder Boulder Scramble Stump SteppersCli bi B ld Stone Benches Park Monument SignPark Entry Plaza Pavers and Sign Strap and Bucket Swings Landscape Buffer Bio-Swale Concrete Step Ramp 10’ x 20’ Picnic Shelter Rough Cut Cedar Drinking FountainTown Standard Bench Large Play Structure with Slides (20’ Height) Picnic Table Shelter dedar Town Standard BhBench g r Kidforce Spinner Strap Swings Boulder Climber Lawn (1,123 SF) Spinner Bucket Swings Play Structure W/ Slides SS Bio S ale EAGLEBEND POCKET PARK EXPANSION AND RENOVATION Zehren and Associates 3.12.24 Materials and Furnishings !"# AAA/BCDEFGHGIFJKLG/MCB .'#FGEJNLD/MCB ! 2 3 2 2 4 4 2 4 5 2 6 62 64 3 4 6,!"AAA/.'#FGEJNLD/MCBTNIUC"'&#"$&!$3""""""3$*$3$&.$"&+Ā($3 88T21T82>= 770R9>1/08 770R9>1/08 449! 6 .'#FGEJNLD%)+ W !!5 2 27 4 42 2($"&$.$ '3Q 62 62 7R X >5 X >5X 0X 81 X 6 ".'% %$! 77 X 7X >0X"!Q% 70 X 0X R> X '#'"'3Ā '#+)!"'3Ā >2X" "%,%$ (Q"Ā/#/*>5X +&#$3"X'#'"'3ĀX @"0T5X" )$$S$ ;; 5; 62 ;;5; :+("#3',& +&#$3"X'#'"'3ĀX *,))$3 O'!$3 Sheet 9 Plaza Pavers Paver Color “Minnesota River Blend” Bear Saver HA Series Timber Frame with Corrugated Metal Siding Rectangular Boulders Metal Slat Fence (Provided By McGrady Acres) Cedar Split Rail Fence (Two Rail / 3’ Ht.) Bear Saver HA Series Colored Concrete Edge Restraint Color Pavers and Concrete Fencing Trash and Recycling Receptacle Bike Racks Drinking Fountain Porta Potty Enclosure Sandstone Benches COBBLE SERIES™ INTERLOCKING CONCRETE PAVEMENT SYSTEM (ICP) DURABLE FLEXIBLE PAVEMENT SYSTEM STYLE CODE DIMENSIONS BANDS CUBES Cobble Half Square™ 3" x 6" Cobble Large Square™ 9" x 9" Cobble Large Rectangle™ 9" x 12" Cobble Square™ 6" x 6"* Cobble Rectangle™ 6" x 9"* 4MC 4NC 4RC 4TC 4PC 80mm x 160mm x 60mm 240mm x 240mm x 60mm 240mm x 320mm x 60mm 160mm x 160mm x 60mm 160mm x 240mm x 60mm 8.1 SF 16.5 SF 29.5 SF 12.2 SF 18.28 SF 56.8 SF 82.5 SF 88.5 SF 85.4 SF 91.4 SF Approximate 3/" x 6¼" x 2/" Approximate 9/" x 9/" x 2/" Approximate 9/" x 12⁄" x 2/" Approximate 6¼" x 6¼" x 2/" Approximate 6¼" x 9/" x 2/" 226# 462# 835.2# 342# 512# 1590# 2310# 2506# 2395# 2559# (PSF = 7.4 stones @ 28#) (PSF = 1.64 stones @ 28#) (PSF = 1.22 stones @ 28#) (PSF = 3.69 stones @ 28#) (PSF = 2.46 stones @ 28#) *Available in 80mm - See Non-stock Products section. *Available in 80mm - See Non-stock Products section. (60 stones) (27 stones) (36 stones) (45 stones) (45 stones) (7 bands) (5 bands) (3 bands) (7 bands) (5 bands) COBBLE SERIES™ LAYING PATTERNS BENEFITS OF ICP • Flexible system, does not crack or heave in cold climates • Easier maintenance to the pavement and utilities underneath • Achieve endless design possibilities with different shapes, textures, colors and laying patterns • Use pavers to delineate lines and spaces to eliminate the need to maintain paint • Suitable for a range of applications: plazas, walkways, driveways, roads, etc. • Borgert pavers are made with granite, creating a dense, resistant wearing course (A) 3 Piece Random 3x6 - 16% 6x6 - 34% 6x9 - 50% Laying Ratio: 1:1:1 (B) Running Bond 6x6 - 66% 6x9 - 34% Laying Ratio: 2:1 (C) Basket Weave 90˚ 6x6 - 30% 6x9 - 70% Laying Ratio: 2:4 (D) Mixed Runner 3x4 - 60% 3x6 - 40% Laying Ratio: 2:2 (E) Running Bond 6x6 - 40% 6x9 - 60% Laying Ratio: 1:1 (F) 4 Piece Random 3x6 - 10% 6x6 - 21% 6x9 - 27% 9x9 - 42% Laying Ratio: 1:1:1:1 (G) 2 Piece 6x9 - 33% 9x12 - 67% Laying Ratio: 2:2 (H) 3 Piece 6x9 - 27% 9x9 - 20% 9x12 - 53% Laying Ratio: 2:1:2 (I) 3 Piece 3x6 - 7% 6x6 - 50% 6x9 - 43% Laying Ratio: 2:7:4 (J) 3 Piece 6x6 - 28% 6x9 - 41% 9x9 - 31% Laying Ratio: 2:2:1 (K) 5 Piece Random 3x6 - 6% 6x6 - 11% 6x9 - 18% 9x9 - 27% 9x12 - 38% Laying Ratio: 1:1:1:1:1 (L) 2 Piece 6x6 - 30% 9x9 - 70% Laying Ratio: 1:1 (M) 1 Piece 6x9 - 100% (N) 4 Piece Random 6x6 - 13% 6x9 - 19% 9x9 - 29% 9x12 - 39% Laying Ratio: 1:1:1:1 Typical Cross Section of Concrete Paving Stone - Pavers exceed industry standards: 8,000 psi - 5% absorption - Meets or exceeds ASTM C-936 and freeze-thaw testing per section 8 of ASTM C-67 - Manufactured with type A aggregates - Associated with a range of LEED credits - ADA Compliant Written detailed specification information is available, call or visit our website at borgertproducts.com. COMPOSITION & MANUFACTURE ICP Cross Section Edge restraint detail provided based on application. Compacted Aggregate Base Class 2 or Class 5 (Thickness depends on soil condition and application) Borgert Pavers Bedding Sand 1" Thick (ASTM C33) Compacted Soil Subgrade Prior to screeding the bedding sand, the base surface tolerance must not exceed +/-1/4 in.(+/-6mm) over a 10gt. (3m) straight edge. 1-800-689-9078 www.BicycleParkingRacks.com Made in U.S.A Rev 5.0 Wide-U Bike Rack Submittal Sheet Materials: 1.5” Schedule 40 Steel Pipe (1.9”OD) Capacity: Parks 2 Bikes Setbacks: Finishes: Galvanized An after fabrication hot dipped galvanized finish is available Powder Coat Our powder coat finish assures a high level of adhesion and durability by following these steps: 1. Sanded Down 2. Washed & Dried 3. Zinc Primer 4. Powder Coat 5. UV Clear Topcoat Mount Options: In-Ground In-ground mount is embedded into concrete base. Specify in-ground mount for this option. Surface Foot mount has two 2.5” x 6” x .25” feet with two mounting holes per foot. Specify surface mount for this option. 24” 1.9” 1/4” 24 19/32” 36” Wall 36” 42” 59” 36” Wa l l Street St r e e t * These setbacks represent generally recommended distances. Be sure to consult local building and city codes before installing racks. 4' - 0 " 6'-0" o.c.3'-0"1" Gate 2" Metal Slat with 1 4" separation within a 1" metal frame 6'-0" o.c. 4" SET STONES ON A SLOPE WHERE GRADES ARE 5% OR LESS EXCAVATE SOIL BELOW STEPPING STONES SO THAT TO OF STONE IS LEVEL WITH FINISHED GRADE 16" MIN 22" MAX 3" THICK FLAGSTONE, TYP 3" THICK FLAGSTONE STEPPING STONES, TYP TYPICAL PATH SECTION - SLOPES 5% OR LESSTYPICAL PATH - PLAN VIEW STEPPING STONES SET ON-GRADE, TYP SLOPE LESS THAN 5% 5% OR LESS TYPICAL PATH SECTION SECTION 6" x 6" CEDAR POST (2) 2" x 6" CEDAR TOP AND BOTTOM RAILS ADJACENT PLANT BED, TYP FLOW FILL CIP CONC FOUNDATION COMPACTED SUBGRADE 3' - 6 " 6" E. Q . E. Q . 6" x 6" CEDAR WOOD POST (2) 2" x 6" CEDAR TOP AND BOTTOM RAILS 8'-0" OC FLOW FILL CIP CONC FOUNDATION COMPACTED SUBGRADE 1'-0" 2' - 6 " MATERIAL VARIES REF LAYOUT PLANS ELEVATION ℄℄ Co p y r i g h t © 2 0 2 4 b y Z e h r e n & A s s o c i a t e s I n c . L5.2 1 TRASH AND RECYCLE BINS SCALE: 1-1/2" = 1'-0"L5.2 6 DRINKING FOUNTAIN SCALE: NTS L5.2 8 PREFABRICATED PICNIC SHELTER SCALE: NTS L5.2 3 PICNIC TABLE SCALE: NTS PRODUCT: 10' X 20' CEDAR GABLE RAMADA MANUFACTURER: FIFTHROOM.COM ROOF: 6/12 PITCH W / BLACK METAL POSTS: 5" X 5" W/ SHORT POST TRIM GABLE: OPEN GABLE END FINISH: SEMI-TRANSPARENT STAIN NOTES: 1. PICNIC SHELTER IS DELIVERED AS A KIT AND WILL REQUIRE ASSEMBLY ON-SITE 2. CONTRACTOR TO FURNISH ENGINEERED DRAWINGS OF THE SHELTER FROM MANUFACTURER FOR PERMIT SUBMITTAL 3. CONTRACTOR TO PROVIDE NECESSARY FOUNDATION STRUCTURES AND ERECT SHELTER PER THE MANUFACTURERS INSTRUCTIONS. QUANTITY: (2) STANDARD + (1) ADA ACCESSIBLE L5.2 4 STEPPING STONE PATH SCALE: 1-1/2" = 1'-0" L5.2 5 CEDAR SPLIT RAIL FENCE SCALE: 3/4" = 1'-0" MANUFACTURER: BEAR SAVER MODEL#: HA-P QUANTITY: (2) STANDARD L5.2 2 TOWN STANDARD BENCH SCALE: NTS XL5.2 7 PORTA POTTY ENCLOSURE SCALE: NTS NOTES: 1. ENCLOSURE TO BE DESIGN BUILD BY CONTRACTOR TO MATCH EXISTING ENCLOSURE AT NOTTINGHAM PARK PICKLE BALL COURTS 2. INTERIOR DIMENSIONS SHALL BE 8'-0" X 8'-0" 3. HIEIGHT SHALL BE 9'-0" 4. CONTRACTOR TO PROVIDE ENGINEERED SHOP DRAWINGS FOR APPROVAL BY OWNER AND LANDSCAPE ARCHITECT. OWNER CIVIL ENGINEER ZEHREN AND ASSOCIATES Contacts: Pedro Campos, RLA Jesse Gregg, ASLA P.O. Box 1976 48 E Beaver Creek Blvd, Suite 303 Avon, CO 81620 Voice: (970) 949-0257 E-mails: pedroc@zehren.com jesseg@zehren.com LANDSCAPE ARCHITECT PROJECT DIRECTORY SHEET INDEX TOWN OF AVON Contact: Eva Wilson 100 Mikaela Way, Avon, CO 81620 Voice: (970) 748-4004 E-mail: ewilson@avon.org MARTIN AND MARTIN Contact: Mason Talkington 77 Metcalf Road, Suite 301, Avon, CO 81620 Voice: (970) 926-6006 Email: mtalkington@martinmartin.com LANDSCAPE SHEETS L0.1 LANDSCAPE NOTES AND ABBREVIATIONS L1.1 LAYOUT AND MATERIALS PLAN L2.1 LANDSCAPE PLAN L3.1 SITE SECTIONS L5.1 LANDSCAPE DETAILS L5.2 SITE FURNISHINGS AND DETAILS L5.3 PLANTING DETAILS PROJECT ADDRESS 5415 EAGLEBEND DRIVE, AVON, CO 81620 VICINITY MAP EAGLE RIVER EAGLEBEND POCKET PARK SITE NORTH MCGRADY ACRES EAG L E B E N D D R I V E GOLD PEAK HIG H W A Y 6 WES T B C B L V D POS T B L V D LEGAL DESCRIPTION SUBDIVISION: MCGRADY ACRES LOT: 1 R791066 MAP 04-04-02 R827341 BSD 12-01-02 TRACT: O-2 PARK THE PIEDMONT APTS WALMART ZONING TABLE ZONE DISTRICT PUD LOT SIZE 22,220 SF / 0.579 ACRES LOT FRONTAGE 90' SETBACKS TBD BUILDING HEIGHT 20' NUMBER OF DWELLING UNITS N/A GROSS FLOOR AREA N/A SITE COVERAGE OF STRUCTURES 268 SF SITE COVERAGE OF PARKING 650 SF SITE COVERAGE OF LANDSCAPING 11,224 SF PARKING SPACES (2) STANDARD / (1) ADA LAND AREA PER DWELLING UNIT N/A NUMBER OF BICYCLE PAKING SPACES (6) CIVIL SHEETS C000 COVER SHEET C001 NOTES C010 EXISTING CONDITIONS C050 DEMOLITION PLAN C200 GRADING PLAN C300 UTILITY PLAN C500 DETAIL SHEET C501 DETAIL SHEET IRRIGATION SHEETS IR1.0 IRRIGATION NOTES AND LEGEND IR1.1 IRRIGATION PLAN IR2.0 IRRIGATION DETAILS IR2.1 IRRIGATION DETAILS GENERAL SHEETS G0.0 PROJECT INFORMATION SHEET IRRIGATION DESIGNER HINES INC. Contact: Brent Jeffery 323 West Drake Rd, Suite 204, Fort Collins, CO 80526 Voice: (970) 233-7931 Email: brent@hinesinc.com Co p y r i g h t © 2 0 2 4 b y Z e h r e n & A s s o c i a t e s I n c . March 29, 2024 Design Development Unit Cost Total GENERAL 1 Mobilization / General Conditions 1 LS 15,000.00$ 15,000.00$ 2 Furnish/Install/Maintain Erosion Control 1 LS 1,700.00$ 1,700.00$ 3 Concrete washout 1 LS 800.00$ 800.00$ 4 Construction Fence 1 LS 2,500.00$ 2,500.00$ Subtotal 20,000.00$ REMOVALS AND EARTHWORK 5 Clear and Grub Site / Grade and Export Excess Materials 1 LS 12,000.00$ 12,000.00$ 6 Remove existing play equipment 2 EA 1,000.00$ 2,000.00$ 7 Removed and dispose of existing asphalt path 521 SF 4.00$ 2,084.00$ 8 Remove and stockpile existing boulders 1 LS 2,800.00$ 2,800.00$ Subtotal 18,884.00$ PLAYGROUND EQUIPMENT 9 Large Play Structure with Slides 1 EA 80,530.00$ 80,530.00$ 10 Kidfore Spinner 1 EA 1,305.00$ 1,305.00$ 11 Climbing Boulder 1 EA 12,300.00$ 12,300.00$ 12 Swings 1 EA 7,105.00$ 7,105.00$ 13 Stump Steppers 15 EA 200.00$ 3,000.00$ 14 Log Border Pieces 6 EA 350.00$ 2,100.00$ 15 Boulder Scramble 1 EA 2,700.00$ 2,700.00$ 16 Playground Equipment Installation and Shipping 1 LS 55,000.00$ 55,000.00$ Subtotal 164,040.00$ LANDSCAPING 17 Deciduous Trees - 3" Cal.7 EA 1,000.00$ 7,000.00$ 18 Coniferous Trees - 10' -14' Ht. (Provided by Mcgrady Acres)3 EA -$ -$ 19 Coniferous Trees - 8' -10' Ht. (Provided by Mcgrady Acres)7 EA -$ -$ 20 Deciduous Shrubs - 5' B&B 3 EA 700.00$ 2,100.00$ 21 Deciduous Shrubs - 5 gal 123 EA 75.00$ 9,225.00$ 22 Coniferous Shrubs - 15 Gal.6 EA 150.00$ 900.00$ 23 Ornamental Grasses - 5 gal.89 EA 75.00$ 6,675.00$ 24 Perennials - 1 Gal.118 EA 13.00$ 1,534.00$ 25 Native Seed w / Hydromulch 127 SF 0.50$ 63.50$ 26 Landscape Edging 407 LF 8.00$ 3,256.00$ 27 Mulch - 3" Depth (w/ weed barrier)5,169 SF 1.25$ 6,461.25$ 28 Bioswale / Cobble 1 LS 1,500.00$ 1,500.00$ 29 Turf Lawn (SOD)2,734 SF 1.25$ 3,417.50$ 30 Plant Bed Area Soil Prep 5,169 SF 1.25$ 6,461.25$ 31 Bioswale Area Soil Prep 127 SF 2.00$ 254.00$ 32 Soil Pep - 2" Depth (Perennial Beds Only)1 LS 1,600.00$ 1,600.00$ 33 Boulder Walls 151 LF 65.00$ 9,815.00$ 34 Stepping Stone Path 52 SF 25.00$ 1,300.00$ 35 Irrigation System and Equipment 1 LS 12,000.00$ 12,000.00$ Subtotal 73,562.50$ PAVING 36 Asphalt Parking (5" Thickness / 6" Roadbase) (Add Alt. 1)650 SF 23.00$ 14,950.00$ 37 Concrete Sidewalk at Cul-de-Sac (Add Alt. 1)328 SF 25.00$ 8,200.00$ 38 Concrete ADA Path 717 SF 25.00$ 17,925.00$ 39 Concrete Path at Play Area #3 Perimeter (Optional)618 SF 25.00$ 15,450.00$ 40 Concrete Step Ramp (Optional)328 SF 25.00$ 8,200.00$ 41 EWF Safety Surface (12" Depth)3,117 SF 3.00$ 9,351.00$ 42 Concrete Pavers W / Conc Edge Restraint and Asphalt Base 923 SF 30.00$ 27,690.00$ 43 Crusher Fine Paving 69 SF 12.00$ 828.00$ 44 8" Concrete Perimeter Curb at Playground #3 130 LF 45.00$ 5,850.00$ 45 Concrete ADA Playground Access Ramp 3 EA 2,250.00$ 6,750.00$ Subtotal 115,194.00$ SITE FURNISHINGS 46 Picnic Shelter and Installation (10' x 20')1 EA 20,000.00$ 20,000.00$ 47 Angular Sandstone Boulder Benches 4 EA 1,500.00$ 6,000.00$ 48 Town Standard Benches 6 EA 2,000.00$ 12,000.00$ 49 Solar Bollard Lights 6 EA 1,200.00$ 7,200.00$ 50 Picnic Tables 3 EA 1,800.00$ 5,400.00$ 51 Dog Comfort Station 1 EA 150.00$ 150.00$ 52 Park Rules Sign 1 EA 300.00$ 300.00$ 53 Trash / Recyclin9 Receptacles 2 EA 1,100.00$ 2,200.00$ 54 Park Monument Sign 1 EA 25,000.00$ 25,000.00$ 55 Porta-potty Enclosure W/ Concrete Pad 1 EA 16,000.00$ 16,000.00$ 56 Bike Racks 3 EA 1,000.00$ 3,000.00$ 57 Drinking Fountain 1 EA 3,700.00$ 3,700.00$ 58 Split Rail Fence 226 LF 30.00$ 6,780.00$ 59 ADA Ramp Handrails 1 LS 5,000.00$ 5,000.00$ Subtotal 112,730.00$ UTILITIES AND DRAINAGE 60 Water Line Connection to Drinking Fountain 88 LF 70.00$ 6,160.00$ 61 Underdrain System below Playground Pits 1 LS 7,260.00$ 7,260.00$ 62 PVC Pipe Connections to Swale 1 LS 2,700.00$ 2,700.00$ 63 12" HDPE Storm Sewer Pipe 95 LF 40.00$ 3,800.00$ 64 12" Nyloplast Inlets 4 LF 900.00$ 3,600.00$ 65 12" FES 1 EA 500.00$ 500.00$ 66 Type L Riprap 15 SF 60.00$ 900.00$ Subtotal 24,920.00$ 529,330.50$ 52,933.05$ GRAND TOTAL 582,263.55$ Relocation of Existing Irrigation Meter Vault 1 LS $10,000 $10,000 Eaglebend Pocket Park Renovation - Conceptual Cost Estimate Project Subtotal 10% Contingency Item No.Item QUANTITY Unit Eaglebend Pocket Park Page 1 ATTACHMENT B AVON REGULAR MEETING MINUTES TUESDAY MARCH 26, 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 March 26, 2024, Council regular meeting to order at 5:00 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 5:08 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, Finance Director Paul Redmond, Community Development Director Matt Pielsticker, Planning Manager Jenna Skinner Long Range Housing Planner Patti Liermann, Marketing and Communication Manager Elizabeth Wood, CASE Manager Danita Dempsey, and Avon Police Chief Greg Daly. 2. APPROVAL OF AGENDA Video Start Time: 00:00:51 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 Hardy 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: 00:01:28 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:45 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 added 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 and no public comment was made in person nor virtually. Town Clerk Miguel Jauregui Casanueva took the podium to advise Councilors that there was a typo in the numbering of ‘Resolution 24-08: Adopting a Flag Policy’ as approved on March 12, 2024, and that the corrected resolution number will be amended to “Resolution 24-13: Adopting a Flag Policy”. 5. BUSINESS ITEMS 5.1. Health & Recreation Committee Member Interviews (Recreation Director Michael Labagh) Video Start Time: 00:03:00 Avon Rec Director Michael Labagh introduced the topic of interviewing applicants to join the Health and Rec Committee and provided Council with a recommendation on the process to appoint all seven applicants as members of the Health and Recreation Committee so that combined the Health AVON REGULAR MEETING MINUTES TUESDAY MARCH 26, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 and Recreation Committee overall better represents diversity, equity, and inclusion. Mayor Phillips suggested that applicants be given a 2- or 3-year term so they could syncopate the composition of the Committee and ensure not all members retire simultaneously. This proposal received unanimous support from her fellow Councilors. Council interviewed the following applicants: (i) Kevin Hyatt, (ii) Nancy Tashman, (iii) Patricia Nolan, (iv) Sonia Martinez, and (v) Courtney Walters Rawson. Not available for an interview were (vi) Lisa Post and (vii) Kathy Ryan. After the interview process, each Councilor marked their selected candidates on a voting card, including their preferred term, as follows: • Councilor Thuon: Kevin Hyatt (3-year), Nancy Tashman (3-year), Patricial Nolan (3-year), Lisa Post (2-year), Courtney Walters Rawson (2-year), Kathy Ryan (2-year), and Sonia Martinez (2-year). • Councilor Carroll: Kevin Hyatt (3-year), Nancy Tashman (3-year), Patricial Nolan (3-year), Lisa Post (2-year), Courtney Walters Rawson (2-year), Kathy Ryan (2-year), and Sonia Martinez (2-year). • Councilor Andrade: Kevin Hyatt (3-year), Nancy Tashman (3-year), Patricial Nolan (2-year), Lisa Post (2-year), Courtney Walters Rawson (2-year), Kathy Ryan (3-year), and Sonia Martinez (2-year). • Councilor Hardy: Kevin Hyatt (3-year), Nancy Tashman (3-year), Patricial Nolan (3-year), Lisa Post (2-year), Courtney Walters Rawson (2-year), Kathy Ryan (2-year), and Sonia Martinez (2-year). • Councilor Stanley: Kevin Hyatt (3-year), Nancy Tashman (3-year), Patricial Nolan (3-year), Lisa Post (2-year), Courtney Walters Rawson (2-year), Kathy Ryan (2-year), and Sonia Martinez (2-year). • Mayor Pro Tem Underwood: Kevin Hyatt (3-year), Nancy Tashman (3-year), Patricial Nolan (3-year), Lisa Post (2-year), Courtney Walters Rawson (2-year), Kathy Ryan (2-year), and Sonia Martinez (2-year). • Mayor Phillips: Kevin Hyatt (3-year), Nancy Tashman (3-year), Patricial Nolan (2-year), Lisa Post (3-year), Courtney Walters Rawson (2-year), Kathy Ryan (2-year), and Sonia Martinez (2-year). Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After brief deliberations, Councilor Carroll motioned to appoint Kevin Hyatt, Nancy Tashman, and Patricia Nolan to a three-year term, and Lisa Post, Courtney Walters Rawson, Kathy Ryan and Sonia Martinez to a two-year term, respectively, on the Town of Avon Health and Recreation Committee. Councilor Stanley seconded the motion. It was approved with a 6-0 vote of those present, with Councilor Thuon away for a moment from the dais at the time of the voting. 5.2. Downtown Development Authority Candidate Interviews and Appointment to the DDA Board (Town Manager Eric Heil and Town Clerk Miguel Jauregui Casanueva Video Start Time: 00:32:34 Town Clerk Miguel Jauregui Casanueva introduced the topic of selecting a new candidate to fill the AVON REGULAR MEETING MINUTES TUESDAY MARCH 26, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 vacant seat at the Avon DDA Board of Directors. Councilors interviewed returning applicant Gregg Cooper virtually via Zoom and were also advised Jim Telling was unintentionally not made aware of the need to make himself available for an interview at this time. After brief deliberations and by show of hands, Councilors Thuon, Carroll, Andrade, Stanley, Mayor Pro Tem Underwood, and Mayor Phillips voted in favor of appointing Gregg Cooper to the Board of Directors of the Avon DDA, with Councilor Hardy voting in favor of Jim Telling. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After brief deliberations, Councilor Stanley motioned to appoint Gregg Cooper as Director of the Avon DDA Board for a period to end on June 30, 2025. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. 5.3. PUBLIC HEARING: Second Reading of Ordinance 24-04 Slopeside Rezoning Application (REZ23001) (Planning Manager Jena Skinner) Video Start Time: 00:44:00 Planning Manager Jena Skinner delivered a presentation related to the Second Reading of Ordinance 24-04 relative to the Slopeside Rezoning Application (REZ23001). Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. After brief deliberations, Councilor Thuon motioned to approve the second reading of Ordinance 24-04. Councilor Hardy seconded the motion. It was approved unanimously with a 7-0 vote. 5.4. Resolution 24-10: Adopting Town of Avon Employee Housing Plan Supplement (Long Range Housing Planner Patti Liermann) Video Start Time: 00:49:23 Long Range Housing Planner Patti Liermann delivered a presentation related to Resolution 24-10: Adopting Town of Avon Employee Housing Plan Supplement. Town Manager Eric Heil joined her in speaking of the importance of making housing available to ensure sustainability of Town services through focusing on availability of housing for employees of the Town. Councilor Thuon asked if rent support programs for employees were available and was advised that Staff recommend investing in a permanent inventory for housing over rent support programs. Councilor Andrade expressed concern that this program might put local business owners and the public trying to secure housing at a disadvantage when competing with the Town of Avon in purchasing housing stock in Avon. Councilor Hardy used rental costs at the Piedmont Apartments to exemplify the high cost of housing rentals in Avon and emphasized that affordable rentals have a waiting list of approximately 5 years to access it in certain cases. Mayor Phillips opened the floor to public comment and Marianne Milloy, resident of the Seasons at Avon, took the podium in person to state that her concern is that her 4 grandchildren who are local to the area do not know how they will have access to housing in the area due to high cost. She then spoke of modern mobile homes, tiny homes, and prefabricated homes as potential solutions for the housing crisis, stating they are the future. Kathy Ryan, resident of Avon, took the podium in person to ask if this benefit will be expanded to AVON REGULAR MEETING MINUTES TUESDAY MARCH 26, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 Council Members, such as Councilor Hardy. She was advised that Council will not provide answers to questions during public comment. She closed her remark stating that she purchased her home when it was still affordable but now housing has become hard to obtain. No other public comment was made in person nor virtually. Councilors asked staff to focus on unintended consequences that could arise from the program, including the program’s potential impact on the housing market. After deliberations, Town Manager Eric Heil suggested that Councilors continue the discussion of this Resolution 24-10 to the May 14, 2024, Regular Council Meeting so that staff can prepare an updated report addressing Council concerns on this topic. This suggestion received unanimous support from Council in favor of postponing the discussion to that date. 5.5. First Reading of Ordinance 24-05 Amending Section 15.08.140 of the Avon Municipal Code Regarding issuance of Grading Permits (Community Development Director Matt Pielsticker) Video Start Time: 02:00:15 Community Development Director Matt Pielsticker introduced the topic of the First Reading of Ordinance 24-05 Amending Section 15.08.140 of the Avon Municipal Code Regarding issuance of Grading Permits. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Mayor Pro Tem Underwood noted that this is the second unintentional removal of code language from the code and noted that preventing old law from falling away is essential and Staff must be more cautious around it. After deliberations, Councilor Thuon motioned to approve the First Reading of Ordinance 24-05. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 5.6. First Reading of Ordinance 24-06 Sales Tax Exemption on Hygiene Products (Chief Financial Officer Paul Redmond) Video Start Time: 02:03:15 Chief Financial Officer Paul Redmond introduced the First Reading of Ordinance 24-06 Sales Tax Exemption on Hygiene Products. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Without further deliberations, Councilor Carroll motioned to approve the First Reading of Ordinance 24-06. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 5.7. Work session: Use Tax Ballot Proposal for 2024 Election (Town Manager Eric Heil and Chief Financial Officer Paul Redmond) Video Start Time: 02:06:15 Town Manager Eric Heil introduced the topic of a Construction Use Tax as an issue to be added to the ballot in the 2024 election. Councilor Stanley spoke in favor of the initiative and hoped that the Town would do a better job of communicating with the public. Councilor Andrade asked Staff to research voter fatigue and consider waiting two years before putting back on the ballot. Councilor Hardy agreed that it was not properly communicated in last year’s election and expressed concern AVON REGULAR MEETING MINUTES TUESDAY MARCH 26, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 over voter fatigue. Mayor Pro Tem Underwood stated a communication strategy should be carefully planned and the Town should pursue it and move forward. Mayor Phillips also supported moving forward with the initiative and added that the main difference this year will be highlighting that the funding from this tax will be dedicated to community housing. With the support of Council, Town Manager Eric Heil added that there is funding set aside in the current budget for community outreach and a campaign to educate the public on the initiative of the Construction Use Tax, and Staff plan to solicit community input over the summer, ahead of any consideration to include the issue in the 2024 ballot. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a work session, staff received feedback and no motion was requested. 5.8. Work session: 2024 Draft Community Survey Policy Questions (Marketing & Communication Manager Elizabeth Wood) Video Start Time: 02:15:48 Marketing & Communication Manager Elizabeth Wood delivered a presentation related to the 2024 Draft Community Survey Policy Questions as part of the work session and received feedback on each survey question from Councilors. Ms. Wood also received Council feedback on additional questions and answers to be added to the Community Survey, along with a reorganization of questions. Mayor Phillips asked that the Community Survey also include questions related to managed parking in public parking spaces and the impact of parking availability at the library and the Rec building. Mayor Pro Tem Underwood asked that it also include a separate and additional question around managed parking in private parking lots. Councilors Carroll, Andrade, and Stanley suggested parking questions not be added at this time and be surveyed later. Councilor Thuon spoke in favor of parking questions in the Survey. Town Manager Eric Heil suggested that based on the divided positions among Councilors over having parking questions in the Survey, that the Community Survey acknowledge and include a mention that there will be a separate future survey on parking, to take place after summer, before the ski season begins. He added that the parking survey will likely gather more in-depth data on parking issues in Avon. This proposal received the unanimous support of Council. Councilors Stanley and Andrade asked that bicycle and e-bike questions also be included. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a work session, staff received feedback and no motion was requested. 5.9. Resolution 24-12 Authorizing Grant Application for National Endowment of the Arts: Our Town Grant Funding Opportunity (CASE Manager Danita Dempsey) Video Start Time: 03:01:37 CASE Manager Danita Dempsey introduced the topic of Resolution 24-12 Authorizing Grant Application for National Endowment of the Arts: Our Town Grant Funding Opportunity. She added context related to the grant match program and strategic use of the non-profit partner Vail Valley Art Guild for this project. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Without further deliberations, Councilor Stanley motioned to approve Resolution 24-12. Mayor Pro Tem Underwood seconded the motion. It was AVON REGULAR MEETING MINUTES TUESDAY MARCH 26, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 approved unanimously with a 7-0 vote. 6. CONSENT AGENDA Video Start Time: 03:05:32 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 6.1 Notice of Award Trails Improvements Project (Public Works Director Eva Wilson) 6.2 Notice of Award Basin 4 Project (Public Works Director Eva Wilson) 6.3 Resolution 24-11 Approving the updated Community Development Fee Schedule (Community Development Director Matt Pielsticker) – with an amendment to include the Town Attorney’s hourly fee of $275 per hour. 6.4 Approval of March 12, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Without further deliberations, Mayor Pro Tem Underwood presented a motion to approve the Consent Agenda with an amendment to Resolution 24-11 to indicate that the Town Attorney hourly rate is $275. Councilor Thuon seconded the motion. It was approved unanimously with a 7-0 vote. 7. WRITTEN REPORTS 7.1. March 11th Planning and Zoning Commission Abstract (Planner II Max Morgan) 7.2. Monthly Financials (Senior Accountant Dean Stockdale) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:07:09 Councilor Thuon asked for his fellow Councilors to consider this an open dialogue and stated he observed that in Edwards city limits, Eagle County added flashing beacons to every cross walk, and he would like Avon to do the same at every cross walk within Avon town limits. He asked Police Chief Greg Daly to join the podium and advise if Avon would be better perceived as a safe pedestrian space if flashing beacons were added to all crosswalks. Mayor Pro Tem Underwood stated she received an email from a member of the community on March 6, 2024, asking Public Works Director Eva Wilson to update the member of the community and Mayor Pro Tem Underwood on the status of adding more flashing beacons in Avon. Mayor Pro Tem Underwood explained that new flashing beacons will be installed in Town through CDOT grants. She was joined at the podium by Public Works Director Eva Wilson who provided detailed information on 8 flashing pedestrian beacons which will soon be added in Avon, along with mobile pedestrian beacons being used through grants. Ms. Wilson highlighted that the cost of a pair of permanent flashing beacons is approximately $30,000. Town Manager Eric Heil added he hopes that the installation of these beacons will be completed by labor day weekend. Councilor Thuon also asked Wilson for an update related to the project related to the exit out AVON REGULAR MEETING MINUTES TUESDAY MARCH 26, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 of Wildridge. He was advised there will be an update at the next council meeting. Councilor Stanley asked Town Manager Heil for an update related to parking this summer at Nottingham Park, and he advised there will not be an impact to parking this summer and managed parking will remain unchanged from winter to summer. She added that High Five media is celebrating its 40th Anniversary and there is a youth video summer camp they will be hosting this summer. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:23 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 MONDAY, MARCH 25, 2024 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, OLIVIA COOK AND ANTHONY SEKINGER WERE PRESENT. ALSO PRESENT WERE COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, RECREATION DIRECTOR MICHAEL LABAGH, DEVELOPMENT COORDINATOR, EMILY BLOCK, AND CO-APPLICANT JESSE GREGG, REPRESENTING ZEHREN & ASSOCIATES. COMMISSIONER TOM SCHAEFER WAS NOT IN ATTENDANCE. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 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 #MJR24001 | MAJOR DEVELOPMENT PLAN REVIEW - EAGLEBEND POCKET PARK IMPROVEMENTS (PLANNER II, MAX MORGAN) ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE APPLICATION WITH THE CONDITION INCLUDED IN THE STAFF REPORT. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 5. CONSENT AGENDA 5.1. MARCH 12, 2024, PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 5-0. 6. FUTURE MEETINGS 6.1. APRIL 8, 2024 (MONDAY – WITH PZC TRAINING) 6.2. APRIL 22, 2024 (MONDAY) 7. STAFF UPDATES 7.1. NET ZERO EXPO – APRIL 8 8. ADJOURN ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 616PM. _______________________________________________________________________________ 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 907-748-4072 cvanwinkle@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Chelsea Van Winkle, Special Events Coordinator RE: Food Truck Program for 2024 DATE: April 9, 2024 SUMMARY: This report provides an update on the Avon Food Truck Program which allows one (1) Food Truck located on Lake Street, one (1) Food Cart located at Nottingham Beach and allows SupCO to operate minimal concessions at Nottingham Beach beginning Saturday, May 25, 2024, through September 29, 2024. This is submitted as a written report and no action by Council is requested. BACKGROUND: In 2016, the Avon Town Council adopted limited authorization for food trucks and vendors and the Town Manager implemented administrative regulations and guidelines. During the COVID-19 pandemic in 2020 and related health and safety concerns, on May 26th, 2020, Avon Town Council approved and adopted an amendment to Resolution No. 20-17, provided as Attachment A. The amendment included revisions to (1) support opportunities for outdoor dining in open park areas and (2) support Avon based restaurant or food purveyor businesses. During the COVID-19 pandemic, El Sabor Mazatlán received a permit to operate June 30th - October 15th, 2020; and December 2nd – June 1st, 2021. However, operated on a very limited basis due to issues with staffing and/or equipment failure. Furthermore, on March 8th 2022, Resolution No. 22-05, provided as Attachment B, was approved, and adopted by Avon Town Council. The amendment included revisions to (1) establish the location and maximum number of food trucks and (2) remove the restriction that such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon. Town Manager approved one (1) location on Lake Street (location A) for the Food Truck Program in 2022. In 2022, three (3) food trucks applied for a Food Truck Permit, two (2) of which were not permitted (1) because the application was incomplete, and (2) they desired permanent location. El Sabor Mazatlán under the name of Los Patrones was the only applicant who submitted a complete application and was granted a Food Truck Permit on Lake Street in front of the Recreation Center. The permit granted access June 1st and due to warm and dry weather, was extended through October 15th, 2022. Los Patrones reported they had a successful summer and based on the Avon sales tax collected, Staff believes it was a successful program. In addition to the one location on Lake Street, Staff received direction to allow SupCO to operate minimal concessions offering non-alcoholic beverages and pre-packaged snacks out of their space at Nottingham Beach. In 2023, four (4) food trucks applied for a Food Truck Permit, two (2) of which found permanent locations and therefore, were removed from the applicant pool, one (1) was denied due to an incomplete application and one (1) was advanced. Resulting in a Food Truck Permit being issued to Volcano Sushi, June 25th through September 30, 2023. Furthermore, Vamos a Donde Tu Quieras was the only applicant who submitted a complete application for the Nottingham Park/Beach location. They were issued Food Truck Permit for that location June 28th through September 24th, 2023. Both entities reported to have successful summer business and have reached out to re-apply for 2024. Page 2 of 2 Finally, Rocky Mountain Taco, which is not an Avon based restaurant or food purveyor, is the only operator with an active permit and is “grandfathered” in due to an established track record of success, and appeal. Staff has awarded them a permit to continue in their location through April of 2025. ANALYSIS: Staff has not received any communication or feedback from Avon restaurants regarding the Food Truck Program. Additionally, Staff has received five (5) inquiries from food purveyors located in Eagle County, with interest in operating a food truck or cart on Town owned property this summer. A list of the organizations who have inquired is provided below: 1. Volcano Sushi: Food Truck Permit for Lake Street in 2023 2. Sabor Mazatlán / Casa Mexico: 3 Different Food Trucks 3. Cowboys Kitchen 4. Vamos a Donde Tu Quieras: Food Cart Permit for Nottingham Park in 2023 5. Ice Cream Cart Due to constraints related to the East Nottingham Park project delay, access to Old Town Hall parking lots, and Old Town Hall parking lots being used for events, Staff recommends removing locations B and C as illustrated on Attachment D. This adjustment provides clarity to applicants that those spaces are not available for this year’s program. Staff recommends that Council consider adding those locations as options once the East Nottingham Park projects are complete. Staff will proceed permitting one (1) food truck located on Lake Street, one (1) food cart located at Nottingham Park/Beach and allow SupCO to continue offering minimal concessions as displayed in Attachment E. Staff will make the application materials available and issue a press release announcing the Town is seeking food purveyors to participate in the Food Truck Program. Also, Staff will contact those individuals and/or organizations who have previously expressed interest in Avon’s Food Truck Program. Staff will provide a written report on May 14, 2024, updating Council on (1) the number of complete applications received and (2) who was awarded a Food Truck Permit. Thank you, Chelsea Van Winkle ATTACHMENT A – Resolution No. 20-17 ATTACHMENT B – Resolution No. 22-05 ATTACHMENT C – Application Materials ATTACHEMENT D – Past Food Truck Map Locations ATTACHEMENT E – Proposed Food Truck Map Locations Attachment A A Avon C O t ORA 0 0 RESOLUTION 20-17 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS WHEREAS, the Avon Town Council has determined that allowing food trucks and food vendors in locations near Harry A. Nottingham Park is a viable strategy to bring activity and vibrancy and will provide for expanded small business opportunity; and WHEREAS, the Avon Town Council finds increased opportunities for outdoor dining in open park areas will comply with health and safety concerns and public health order guidance related to the COVID-19 pandemic; and WHEREAS, the Avon Town Council adopted Ordinance No. 16-07, Allowing Food Trucks to Operate on Rights -of -Way; and WHEREAS, Section 5.04.080(b) of the Avon Municipal Code requires that the Avon Town Council establish the location and maximum number of vendor permits by resolution; and WHEREAS, the Avon Town Council hereby finds, detennines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This Resolution No. 20-17 shall supersede and replace prior resolutions concerning the location and maximum number of food trucks. Section 2. Food trucks and vendors may be located on any right-of-way or Town property west of the Avon Road right-of-way in accordance with regulations and guidance adopted by the Town Manager provided such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon. The maximum number of food trucks and vendors shall be determined by the Town Manager taking into consideration community demands, conflicts with events and construct, hours and days of operations, and public health and safety related to food service and COVID-19 pandemic public health orders. ADOPTED on May 26, 2020. AVON TOWN COUNCIL By: Attest: S rah S it Hymes, Ma or 30M Brenda Torres, Town Res 20-17 Establishing the Locations and Maximum Number of Food Trucks A Avon cal O R A n a RESOLUTION 22- 05 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS WHEREAS, the Avon Town Council has determined that allowing food trucks and food vendors in locations near Harry A. Nottingham Park is a viable strategy to bring activity and vibrancy and will provide for expanded small business opportunity; and WHEREAS, the Avon Town Council finds increased opportunities for outdoor dining in open park areas will comply with health and safety concerns and public health order guidance related to the COVID-19 pandemic; and WHEREAS, the Avon Town Council adopted Ordinance No. 16-07, Allowing Food Trucks to Operate on Rights -of -Way; and WHEREAS, Section 5.04.080(b) of the Avon Municipal Code requires that the Avon Town Council establish the location and maximum number of vendor permits by resolution; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This Resolution No. 244-7-22-05 shall supersede and replace prior resolutions concerning the location and maximum number of food trucks. Section 2. Food trucks and vendors may be located on any right-of-way or Town property west of the Avon Road right-of-way in accordance with regulations and guidance adopted by the Town Manager_ fee'' pttrweyof business Aven. The maximum number of food trucks and vendors shall be determined by the Town Manager taking into consideration community demands, conflicts with events and construct, hours and days of operations, and public health and safety related to food service and COVID-19 pandemic public health orders. ADOPTED on March 8, 2022. AVON TOWN COUNCIL D yN Ofiq L BY:Attest: P/h/Lil rd: Sarah Smith Hymes, Mayor Brend Torres, Deputy Town leek Res 22-05 Establishing the Locations and Maximum Number of Food Trucks Attachment B 1 ATTACHMENT C TOWN OF AVON FOOD TRUCK PROGRAM VENDOR PERMIT APPLICATION 1.NAME OF APPLICANT: ________________________________________________________ 2.BUSINESS/ORGANIZATION: ____________________________________________________ 3.ADDRESS: ________________________________________________________________ 4.TELEPHONE NUMBER/EMAIL ADDRESS: ___________________________________________ 5.FOOD VENDOR BEGIN & END DATE: _________________________________________________ 6.LOCATION PREFERENCE (PLEASE LIST FIRST CHOICE AFTER REFERRING TO ATTACHMENT A): A.________________ B.________________ (ONLY A CART LOCATION) 7.STRUCTURE TYPE AND SIZE: A.TRUCK: ________________ B.TRAILER: ________________ C.CART: __________________ 8.POWER: PLEASE PROVIDE DETAILS ON YOUR POWER NEEDS (ONLY FOR LOCATION A) A.TOTAL AMPERAGE REQUESTED: ________________________________________ B.ADDITIONAL POWER REQUESTS OR DETAILS (SPECIALTY PLUGS, ETC.): ___________________________________________________________________ ___________________________________________________________________ 2 9. PLEASE WRITE BELOW A DESCRIPTION OF THE FOOD AND/OR BEVERAGE OPTIONS YOU DESIRE TO SERVE OR ATTACH YOUR DESIRED MENU. _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 10. ENVIRONMENTAL HEALTH PERMIT - ATTACHED YOUR APPROVED EAGLE COUNTY RETAIL FOOD LICENSE FOR TEMPORARY OR VENDING FROM THE EAGLE COUNTY ENVIRONMENTAL HEALTH DEPARTMENT. 11. REFUSE PLAN – PLEASE EXPLAIN YOUR PLAN FOR DISPOSAL OF TRASH AND RECYCLING GENERATED BY THE BUSINESS AND ITS PATRONS. _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 12. NON-DISCRIMINATORY/EQUAL OPPORTUNITY: BY CHECKING THIS BOX, YOU AGREE TO NOT DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, ANCESTRY, GENDER, SEXUAL ORIENTATION, AGE, OR DISABILITY IN CONNECTION WITH THE FOOD TRUCK PERMIT. 13. FOOD TRUCK PROGRAM VENDOR REGULATIONS: BY CHECKING THIS BOX, YOU AGREE TO THE TOWN OF AVON FOOD TRUCK PROGRAM VENDOR REGULATIONS PROVIDED AND ATTACHED AS ATTACHMENT B. 14. DO YOU CURRENTLY HAVE AN ACTIVE AVON BUSINESS LICENSE? IF YES, PLEASE LIST THE LICENSE NUMBER: _________ 15. FEES & LICENSE (INTERNAL USE ONLY) FOOD TRUCK VENDOR PERMIT APPLICATION RECEIVED SECURITY DEPOSIT RECEIVED INSURANCE & INDEMNIFICATION HAVE BEEN RECEIVED AS OF THE FOLLOWING DATE: ____________________ ________________________________ ____________________________ SIGNATURE OF APPLICANT DATE THE PERMIT APPLICATION IS APPROVED BY THE TOWN OF AVON AS NOTED BY THE SIGNATURE BELOW. THE APPLICANT MUST COMPLY WITH ALL TOWN OF AVON APPLICABLE MUNICIPAL CODES AND TOWN OF AVON FOOD VENDOR REGULATIONS, ADOPTED ON MARCH 22, 2022. _________________________________ ______________________________ TOWN OF AVON DATE Food Truck Program Vendor Regulations March 22, 2022 Page 1 of 6 TOWN OF AVON FOOD TRUCK VENDOR REGULATIONS I. INTRODUCTION. The objective of Avon’s Food Truck Vendor program is to support small business opportunities, activity in Harry A. Nottingham Park (“Nottingham Park”), and to enhance the visitor and resident experience. These regulations set forth criteria intended to promote high quality Food Truck Vendor operations, maintenance, and design for operators under the Food Truck Vendor program. The Town of Avon (“Town”) reserves the right to amend these regulations from time to time as deemed appropriate by the Town. A Food Truck Vendor Permit does not grant access to vend during Town special events. All references to the Town Manager shall include the Town Manager’s designee. II. FOOD TRUCK VENDORPERMIT, TERM & FEES. A Food Truck Vendor Permit may be issued to businesses (“Vendor”) who will offer creative, imaginative, and unique food items that are compatible with the ambience of the available vending sites and will also enhance the experience of residents and visitors. Permits will be awarded to qualifying applicants subject to availability of appropriate locations and times. A. Permit Description: Each Food Vendor Permit will identify the food and/or beverage genre and menu items the Vendor is permitted to sell. The Town will endeavor to limit the number of vendors which carry the same or similar types of food and/or beverage to offer distinct and diverse menu items. B. Term of Permit: If selected for placement and operation of a Food Truck Vendor location, the Town shall provide a Food Truck Vendor Permit to the owner of the based business which delineates all the terms and conditions of the Food Truck Vendor Permit. Initial permits will be active May 25 through September 29, 2024, at which time Food Truck Vendor operations shall cease. C. Fee: A one hundred seventy-five-dollar ($175.00) fee is applied and due prior to issuance of a Food Truck Vendor Permit. PLEASE NOTE that a Food Truck Vendor Permit fee does not include the Town Business Licenses fee. D. Security Deposit: The selected Vendor shall be required to deposit with the Town the sum of Five Hundred Dollars ($500.00) as a security deposit. The deposit may be used to pay delinquent Food Truck Vendor Permit Fees or for damage to public property attributable to the activity of the Vendor. The deposit will be refunded, minus any attributable costs, at the end of the Permit term or applied towards the next Permit Term. III. ENVIRONMENTAL HEALTH PERMIT: Applicants must submit their approved Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department. A. IF APPLICABLE - PUBLIC HEALTH ORDER COMPLIANCE PLAN. Applicants must submit a written plan detailing how they will implement the applicable guidance under the most current Eagle County Public Health Order concerning the coronavirus pandemic (“PHO Compliance Plan”). A PHO Compliance Plan should include both cleaning protocols for employees and protocols for customers. Food Truck Program Vendor Regulations March 22, 2022 Page 2 of 6 IV. PERMIT AREA & REFUSE PLAN A. Permit Area: The Town Manager is authorized to identify Food Truck Vendor locations (“Permit Areas”) near Nottingham Park, including but not limited to the sites mapped on Exhibit A. Food Truck Vendors must be delivered to the Permit Area at the start of the business day and removed from the Permit Area at the close of the business day, unless Permitted otherwise. Vendor’s vehicles and/or tents placed and/or parked in a marked parking space must fit within the width and the length of the marked parking space. Vendors shall not have any exclusive right to any location on Town property. The Town reserves the right to relocate designated Permit Areas on a permanent or temporary basis as needed. B. Sales Area: The sale of food shall only take place from within the Food Truck Vendor truck/tent/trailer. Furnishings or fixtures shall not be installed in such a manner as to become permanently affixed to or a part of the Permit Area. C. Transporting Responsibility: Responsibility for transporting Food Truck Vendor trucks/tents/trailers to and from the Permit Area shall be the sole responsibility and at the sole cost of the Vendor. D. Refuse Plan: The Vendor shall maintain both the Permit Area, the immediate area surrounding the Permit Area and the display apparatus in a neat, clean, and hazard-free condition. Applicants must provide a written plan for disposal of trash and recycling generated by the business. V. DAYS & HOURS OF OPERATION. The Food Truck Program requires the Vendor maintain regular and consistent operating hours. The Town will work with the selected Vendor to determine a reasonable Food Truck Vendor business schedule. VI. ADMINISTRATION A. Permits and Licenses: Selected Vendors shall obtain all required permits or licenses from all applicable governmental entities before a Food Truck Vendor Permit is issued, including but not limited to a State of Colorado sales tax license, a Town sales tax license, Town vendor business license. In addition, a State of Colorado Food Service License and an Eagle County Retail Food License for Temporary or Vending from the Eagle County Environmental Health Department must be obtained. Should Vendor already hold a Town sales tax license, Vendor must be current with any Town sales taxes due prior to the issuance of a Food Truck Vendor Permit. B. Display: The Vendor shall prominently display all required permits and licenses on the vending apparatus or, if no such apparatus is used, shall make such permits available upon reasonable request by any member of the public or official of the Town. C. Compliance: The Vendor is responsible for compliance with the Town Food Truck Vendor Permit and Food Truck Vendor Regulations. D. Operator: No person shall operate the Food Truck Vendor structure except the Vendor and designated employees. Food Truck Program Vendor Regulations March 22, 2022 Page 3 of 6 VII. FOOD VENDOR DEFINITION & STRUCTURES A. Vendor: Avon Municipal Codes 5.04.020 defines a as “Vendor means any person who sells or attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but not limited to food or beverage, from any outdoor location from a or stationary cart, table, or vehicle regardless of whether a fee is charged for such goods or services.” B. Truck: A food truck is a food establishment in a motor vehicle licensed to operate by a department of motor vehicles and designed to create a single vehicle exposure. The Vendor will be responsible at its sole cost for the design, purchase and maintenance of a high quality and attractive food truck and all equipment necessary to deliver the products and services in a clean, attractive, and safe manner. C. Trailer: A food trailer is any vehicle without motive power that is designed to be drawn by a motor vehicle, specifically designed or used for food and/or beverage vending operations; and is a typically kitchen plus a vehicle. D. Cart: A food cart is any vehicle without motive power or conveyance that is designed to be pushed or pulled by human or animal, specifically designed or used for food and/ or beverage vending operations; and is typically a kitchen plus a vehicle. All vendor structures must be approved by the Town prior to the commencement of operation at any locations within the Town. Any proposed modifications to the vendor structure specification must be reviewed and approved in writing by Town Manager. VIII. VENDOR MAINTENANCE STANDARDS & OPERATION A. Vendor is responsible for all Food Truck Vendor structure maintenance. The Food Truck Vendor structure must be clean, sanitary and in good working condition always to the satisfaction of the Town in its sole discretion. B. The area around the Food Truck Vendor must be kept clean and free of trash. The Vendor must apply materials under the Food Truck Vendor structure (e.g., plastic sheet, cardboard, etc.) in order to prevent oil or other harmful substances from contacting Town right-of-way. If the Food Vendor causes damage to the area surrounding, the Vendor will be responsible for cleaning and finding a solution to prevent future damage. Applicants must provide a written plan for disposal of trash and recycling generated by the business and its patrons. C. All merchandise must be displayed on or within the Food Truck Vendor structure. Vendor is responsible for ensuring displays standards are maintained. D. Acoustic and/or amplified sound, including music, is regulated by Town codes which must always be adhered to. E. Vendor using heaters (pre-approved by the Town and the Fire Marshall) during cold weather shall have a fire extinguisher on or in the Food Vendor structure and shall set-up and operate the heater in safe manner. Food Truck Program Vendor Regulations March 22, 2022 Page 4 of 6 F. Vendor may not use electrical generator without prior permission by Town. Use of Town electricity or electrical connection is by permission only in the Town’s sole discretion and may be subject to charge by the Town. In accordance with the Food Truck Vendor Permit, violations of rules and regulations set forth in these regulations may result in the revocation of the Food Truck Vendor Permit. IX. STORAGE. The Town provides no on-site or off-site storage area for Food Truck Vendors. Food Truck Vendor Permit holders are not permitted to store any equipment, supplies or merchandise on Town property. X. MERCHANDISING GUIDELINES. Vendors are required to adhere to the following merchandising guidelines when creating Food Truck Vendor displays: A. Display of merchandise shall be professionally designed and executed. B. All displayed merchandise shall be visibly priced. C. All fixtures, fabric, signage, chairs, and other decorations shall be maintained in good condition throughout the operation. D. Merchandise shall always be stored inside the Food Truck Vendor structure or presented on approved display fixtures. No stored boxes, bags, or cloths are to be visible to the public. E. Merchandise shall be of reputable quality and in good condition. F. Food Truck Vendor structure should always be fully stocked with merchandise during business hours. G. Merchandise shall be presented in approved display units. H. Daily preparation of merchandise and display shall not create a visual nuisance to the public and surrounding businesses. I. The sale of counterfeit merchandise is not permitted. Counterfeit products refer to items that are either imitations of genuine products or items made without permission of a trademark owner. VII. SIGNAGE. Vendor is responsible for investing in a high-quality sign(s) identifying the name of the business. A. Business identification signs must be located on or near the Food Truck Vendor structure. B. Business identification sign must be produced by a professional sign company. C. Signs shall be produced to professional standards and shall be approved in writing by the Town Manager or designee prior to placement on the Food Truck Vendor structure. D. Price signs and items description shall be preprinted and mounted on approved material. Food Truck Program Vendor Regulations March 22, 2022 Page 5 of 6 VIII. STAFFING. To guarantee Food Truck Vendor patrons excellent service, the following staffing standards are required of all Vendors: A. All Vendor employees shall always be neat and clean and shall wear some distinctive article of apparel that identifies them as Vendor employees. B. Vendor employees shall be courteous to all guests and patrons. C. Vendor employees shall not while on duty use improper language, behave in a boisterous manner, emit any unduly loud or unreasonable noise, engage in any horseplay, or unbecoming or otherwise illegal or objectionable conduct or activities at an approved Permit Area. D. Vendor shall supervise the conduct of their employees. E. Vendor shall insure that their employees understand and comply with the Town of Avon Food Vendor Regulations and special memos. F. Vendor and staff shall be familiar with restroom locations, ATMs and special events on Harry A. Nottingham Park’s event calendar. G. Should staff problems arise, Vendor shall be available in case of emergencies. If problem is not resolved, the Town may exercise its discretion including closing or securing of Food Vendor or require replacement of employee by the Vendor. XII. INDEMNIFICATION & INSURANCE. Vendor shall procure and maintain at Vendor’s own expense for the duration of the Food Truck Vendor Permit, the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the possession, occupancy, operation and use of the Food Truck Vendor Permit Area by Vendor, Vendor’s agents, representatives, employees or subcontractors. • Comprehensive/Commercial General Liability of not less than $1,000,000 per person and $2,000,000 per incident. • Workers’ Compensation and Employer’s Liability. • Property insurance against all of risks of loss to personal property at full replacement cost. Insurance policies shall name the Town of Avon, its officers, employees, and agents as additional insureds and shall provide that the insurance is primary, and that no other insurance maintained by the Town will be called upon to contribute to a loss covered by the policy. The policy shall further provide written notice to the Town prior to cancellation or material change. Evidence of such insurance is required prior to the issuance of the Food Vendor Permit. XIII. INDEPENDENT CONTRACTOR. Vendor in performance of the Food Vendor Permit will be acting in a wholly independent capacity and not as an agent, employee, partner, or joint venture of the Town. XIV. NON-DISCRIMINATORY/EQUAL OPPORTUNITY. The Food Vendor Permit will contain a Non- Food Truck Program Vendor Regulations March 22, 2022 Page 6 of 6 Discrimination/Equal Opportunity provision that the Food Vendor shall not discriminate against any individual because of race, color, religion, national origin, ancestry, gender, sexual orientation, age, or disability in connection with the Permit. XV. REVOCATION OF FOOD TRUCK VENDOR PERMIT A. Vendor will be in violation of the Town of Avon Food Truck Vendor Regulations if any of the following occurs: 1. Failure to comply with any condition of the Food Truck Vendor Permit. 2. Opening late or closing early or failing to open the Food Truck Vendor (without written authorization by the Town). 3. Violation of Town sound regulations. 4. Leaving Food Truck Vendor unattended. 5. Allowing anyone other than a paid member of the Food Truck Vendor owner’s staff to attend or operate Food Vendor. 6. Changing the approved Food Vendor structure design or products approved for sale without prior Town approval. 7. Moving Food Truck Vendor structure in a rapid or unsafe manner. Any accidents with pedestrians or damage to property shall be reported immediately to the Avon Police Department. 8. Failure to keep Food Truck Vendor and space around Food Truck Vendor in a clean and sanitary condition. 9. Failure to comply with any requirements of the Food Truck Vendor Permit or putting the health, safety and welfare of the public at risk. 10. Using electrical generator or Town electricity without prior permission by Town. 11. Failure to comply with Avon Municipal Code Section 5.04.080 Vendor Regulations. B. Upon receipt of any evidence of violation of the Food Truck Vendor Permit or Town of Avon Food Truck Vendor Regulations, the Town Manager may submit a written demand for compliance to the Food Truck Vendor Permit holder, may summarily suspend the Food Truck Vendor Permit and/or may schedule a hearing for consideration of revocation. Prior to revoking a Food Truck Vendor Permit, the Town Manager shall provide at least three (3) days prior written notice to the Food Truck Vendor of the date and time of hearing and such notice shall describe the violations of the Food Truck Vendor Permit. An action to revoke a Food Truck Vendor Permit shall be in writing. These Food Vendor Regulations are adopted on March 22, 2022, by the Town Manager in accordance with Avon Municipal Code Section 5.04.080(e). ATTACHMENT D PAST TOWN OF AVON FOOD TRUCK PROGRAM SUMMER VENDING LOCATIONS A B C ATTACHMENT E TOWN OF AVON FOOD TRUCK PROGRAM SUMMER VENDING LOCATIONS MAY 25 — SEPTMBER 29, 2024 A B MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Supervisor DATE: March 29, 2024 RE: Summary of Authority’s February 22, 2024, Board Meeting and Special Joint Meeting with the Eagle River Water & Sanitation District Board of Directors The following is a summary of items discussed at the Authority’s Feb. 22, 2024, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Kevin Hillgren, Joanna Kerwin, and Tamra Underwood. Water Rights Dedication The board approved the dedication of 16.0 acre-feet of Eagle Park Reservoir water rights for service to the Colorado State Land Board Community Housing Project, subject to the approval of Eagle County, per the County’s 2020 Eagle Park Reservoir Stock Agreement that conveyed water to the Authority for housing projects. Updated Rules & Regulations The board approved the 2024 Rules and Regulations. Revisions included updates to Appendix F, an added definition for “regional facilities,” and specifications related to the Fats, Oils, and Grease (FOG) program. These revisions had been approved by the joint board Rules & Regulations committee and presented for comment at a public stakeholder meeting. Grant Services Consultant Siri Roman said the Authority and District are contracting with The Ferguson Group (TFG) to pursue federal grants for Bolts Lake and other projects. Bond Update Jim Cannava said pricing and closing procedures on the Authority’s enterprise water bond are completed. The overall costs, including the 4.2% effective interest rate, were lower than expected. Safety & Risk Review Dan Siebert and Michael Rae reported on the District’s 2023 safety statistics and accomplishments. Highlights included downward trends related to recordable injuries, injury costs, and Experience Modification Factors. Enhanced employee training and increased near-miss reporting were key factors in these positive outcomes. Repair Updates Brad Zachman reported on a recent water main repair in Berry Creek. Since November 2023, staff has responded to 14 emergency water breaks, including nine in the Authority service area. Bolts Lake Update Jason Cowles said Black & Veatch has been contracted as the Bolts Lake program manager and their scope of work will be determined by task orders. Legislative Update Diane Johnson reported on two bills supported by the Authority and District: SB24- 005, Prohibit Landscaping Practices for Water Conservation, and SB24-081, Perfluoroalkyl & Polyfluoroalkyl (PFAS) Chemicals. Bolts Ditch Act Kristin Moseley said Siri Roman testified in support of the Bolts Ditch Act (H.R. 4297) before a U.S. House subcommittee. H.R.4297 passed in committee and has gone through mark up. The Authority and District are encouraging Colorado’s Senate delegation to schedule a hearing on the companion Senate bill, S.2156. Several of the Authority’s Member Entities and other local governments are adopting resolutions supporting the passage of the Bolts Ditch Act. The following is a summary of items discussed at the Feb. 22, 2024, Joint Meeting with the Eagle River Water & Sanitation District board of directors. UERWA Directors present and acting were Chair George Gregory, Treasurer Geoff Dreyer, Kevin Hillgren, Joanna Kerwin, and Tamra Underwood. Shoshone Water Right Preservation Campaign Representatives from the Colorado River Water Conservation District (River District) discussed the purchase of the Shoshone water rights on the Colorado River. General Manager Andy Mueller said the Western Slope has a historical opportunity to control its water security future by permanently protecting the flows created by the Shoshone call and the resulting benefits provided by the Shoshone water right. The purchase price of $99 million must be secured by Dec. 31, 2027. The River District is pursuing federal and state funding, as well as requesting contributions from Western Slope entities. The Authority and District boards were asked to consider a $1.5 million combined contribution. The board budget committees will meet jointly to analyze the request and bring forth a united recommendation to the boards at a future meeting.