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TC Packet 07-09-2024_____________________________________________________________________________________ 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, July 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 TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Work Session: Quasi-Judicial Hearings Workshop (Town Attorney Nina Williams) 5.2. PUBLIC HEARING: Resolution 24-19: Lot Split in Wildridge (Planner II Max Morgan) 5.3. PUBLIC HEARING: Second Reading Ordinance 24-11: Amendments to Town Code on Primary Residence RETT Exemptions (Financial Analyst Chase Simmons) 5.4. Presentation: Regional Housing Needs Assessment Update (Housing Planner Patti Liermann) 5.5. Review draft of a Request for Proposal Slopside Community Housing Project (Housing Planner Patti Liermann) 5.6. First Reading Ordinance 24-08: Amendments to Town Code for Removal of Council Members (Town Attorney Nina Williams) 6. CONSENT AGENDA 6.1. Approval of June 11, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 6.2. Approval of Easements with Holy Cross Energy for Underground Electric Conversion at the Harry A. Nottingham East Park (Town Engineer Nicole Mosby) 6.3. Resolution 24-20 Approving the Expenditure of Community Enhancement Funds (Chief Administrative Officer Ineke de Jong) 6.4. Notice of Award: Swift Gulch Overlay Project (Town Engineer Nicole Mosby) 6.5. Change Order for Subgrade Replacement on Trail Project (Town Engineer Nicole Mosby and Town Manager Eric Heil) 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority May 23, 2024 Meeting Summary (Mayor Pro Tem Tamra Underwood) 7.2. June 10th Planning & Zoning commissions Meeting Abstract (Planner II Max Morgan) 7.3. Monthly Financials (Senior Accountant Dean Stockdale) 7.4. Bi-Monthly Sustainability Update (Sustainability Coordinator Charlotte Lin) 7.5. Special Events Marketing Update (CASE Manager Danita Dempsey) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN _____________________________________________________________________________________ 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. 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. QUASI- JUDICIAL WORKSHOP •Nina P. Williams, Town Attorney •nina@wwfdlaw.com Quasi-Judicial versus Legislative •Legislative:Broad application, announcing policy, making law Amending municipal code, resolutions and proclamations •Examples: Amending Town Code, Short term rental ordinance; nuisance, building, zoning and land use codes •Quasi-judicial:Narrow application, does not make policy, applies policy Applies existing law to a specific set of facts (and specific property) •Examples: Specific land use approvals, historic preservation decisions, licensing hearings, nuisance abatement Quasi-Judicial and Ex Parte: De-mystifying Latin terminology Quasi-Judicial and Ex Parte: De-mystifying Latin terminology Why is this so important? •“No state shall deprive any person of life, liberty or property without Due Process of law” (14th Amendment of the United States Constitution) •So that everyone with an interest in the case, and all members of the decision-making body, hear the same evidence at the same time from the same sources •To ensure opportunity for fair hearing before unbiased decision makers and that each of the members have the benefit of the same input •Final decisions can be appealed by anyone adversely affected by decision (with legal standing) Quasi-Judicial and Ex Parte: De-mystifying Latin terminology Impartiality is the standard. May be affected by: 1)Ex parte Communications:defined as communications between the Council/ Commission/Board and one party, outside the presence of the other parties to the case, or affected individuals. •Eg) a neighbor comes up to you at Loaded Joe’s to express their concern with a certain development application 2)Pre-judgment or bias: You gave a speech or signed a petition advocating for a specific land use approval. You posted on Facebook that you will never approve any application with affordable housing. You have made clear that all your votes will be “anti” developer 3)Conflict of Interest: You (or immediate family) have a personal or private interest in the matter proposed (pecuniary interest, financial benefit) •Eg) Your spouse owns a restaurant seeking a liquor license Quasi-Judicial and Ex Parte: De-mystifying Latin terminology How do your cure? Either: 1)Recusal - or 2)Disclosure (on the record) Ask yourself: •Is your ability to decide the case fairly, impartially and based solely on the evidence presented at the hearing affected? •Does an actual legal conflict exist? •Does a perceived conflict exist? •Did you express a pre-judgment bias? Pro Tip:When in doubt, ask your Town Attorney! Quasi-Judicial and Ex Parte: De-mystifying Latin terminology Suggestions to ensure Impartiality: •Follow the process set out in Code - Analyze, review and apply those factors or standards in an objective manner As opposed to:personal opinions, subjective feelings or individual preferences •Base your decisions on the facts, law, evidence and testimony in front of you, properly in the record •Public hearing creates a complete “record” •You are the fact finder/judge in QJ hearings •Whatever is in the record is what is properly considered •Should a decision be appealed, the District Court will review the record to determine a decision •Therefore, Deliberations are important •Consider “thinking out loud” during discussion and decision making so that your reasoning is included in the record Reminder:In quasi-judicial proceedings, you serve as the judge! Conducting Public Hearings Goal: •That Councilmembers and public attendees leave the public hearing feeling it was fair and their views were heard and appreciated. Some Suggestions: •Announce the rules, order of hearing, and applicant’s rights at the beginning, then stick to rules. •Assign time for public comment from the beginning. •Suggest speakers do not repeat prior testimony if they can state they agree with an earlier speaker. •Public testimony is to be directed to the Council –speakers may not ask questions to staff or the applicant or the Council (both staff and applicant will have an opportunity at the end of the testimony to answer questions from the Council) •Make sure that all attendees at the public hearing know they have the right to speak. •Give witnesses your full attention. •Thank all the speakers for appearing. •Don’t discuss other applications that are in process. Applicant Rights: •To make a full presentation •To present multiple witnesses •To respond after public comment closes Public Hearing Outline 1.Open Public Hearing 2.Town Staff report 3.Applicant presentation 4.Council Questions (if applicable) 5.Public Comment 6.Applicant rebuttal, closing statement (if applicable) 7.Town Staff rebuttal, closing statement (if applicable) 8.Council questions (if applicable) 9.Council Discussion and Deliberation 10.Call for Motion. Final vote/decision/action Taking Action “I move to approve/deny … based upon…" (and with the following conditions Importance of “Findings” and reasons for Approval or Denial - “[A] record of proceedings before the Board must contain details of the evidence presented and proper grounds and reasons to support its decision.” Murray v. Board of Adjustment of Larimer County - Draw conclusions based upon evidence in the record and made during the hearing -Decisions should be based upon objective Code criteria, factors or requirements (compliance w/ Code) -Decisions should not be based upon preferences or personal opinions, fit Vote on the application/request before you Failed motions - Means no action or decision was made -If a motion fails, someone on the ”prevailing side” should immediately move to take the opposite position - The Applicant is in charge of the application, not Council - If request for rezoning to MFS, that is what you vote on. - Members of the body may not conduct separate research and attempt to enter it into the hearing record. (ex parte and pre-judgment) - You must take some kind of action (make a motion and vote on it) - Cannot refuse to make a motion or do anything, and move on (applicant has the right that their application moves on and is considered) - Amendments to motions: must be germane to the main motion; good way to add one or a series of conditions Grounds for Denial •Anything in the applicable portions of the Avon Municipal and Development Code. Appropriate grounds for denial: •Failure of developer to volunteer a condition which could not independently be imposed by the Town •Councilmember’s personal belief/opinion that the project is the wrong use or density, when the zoning in place allows for it Inappropriate grounds for denial: Conditions of Approval •Acceptable Conditions: •Conditions relating to review criteria or mitigating impacts (when a criteria) •Conditions which support enforcement of the technical requirements of Town Code •(eg: drainage easements) •Corrections to the plat •Land dedication requirements (eg: ROW; rely on staff recommendation) •Requirements for maintenance of common elements (eg: to establish HOA) •Preservation of trees and vegetation •Redirecting traffic patterns •Conditions offered voluntarily by the applicant •Unacceptable Conditions: •Density restrictions (where inappropriate; where Code doesn’t allow) •Matters outside scope of the applicable portions of Code •Conditions which have no Code basis •Architectural review standards, where none exist •Technical Requirements: •Town has professional staff to review drainage plans & developmt design •Trust your staff! •Good time to ask staff technical questions: before the hearing Open Meetings Law (C.R.S. 24-6-402) Meetings of Council, Boards or Commissions must be open to the public, and preceded by a full and timely notice "Meeting" defined as any kind of gathering, convened to discuss public business - in person; by telephone; electronically; or by other means of communication •Does not apply to “chance meeting” or social gathering where discussion of public business is not central purpose. "Public business" means a public body's policy-making functions, discussing or undertaking a rule, regulation, ordinance, or formal action. “If officials use e-mail to discuss (the merits or substance) of legislation or other public business among themselves, the e-mail shall be subject to the requirements of this section.”pending What about members texting, or messaging,during a meeting? •With each other about issues listed on the agenda (instead of for all to hear)? •With staff? •With developers/applicants/lobbyists/interest group? Executive Sessions •Exception within Open Meetings Law •Policy basis: when public interest best served if certain, limited matters discussed in private •OML specifies permitted basis (advice from attorneys; real estate transactions; negotiations; personnel matters) •Purpose: deliberate, not make final decisions •Process: announcement of lawful purpose; vote of 2/3 present •Questions? •Future workshop topics? 970.748.4014 mmorgan@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Max Morgan, Planner II RE: PUBLIC HEARING – PUD24001 Planned Unit Development Amendment for Lot Split in Wildridge DATE: June 18, 2024 REPORT SUMMARY: This report presents to the Avon Town Council (“Council”) an application related to the proposal for a Lot Split of an existing vacant lot in the Wildridge neighborhood. On June 10, 2024, the PZC voted to recommend approval of PUD24001 with one condition, to Avon Town Council (ATT A - PUD24001 PZC Record of Decision). The property for the proposed project is currently a single, vacant lot in the Wildridge Planned Unit Development (“PUD”). In order to pursue the lot split, a Lot Split Amendment to Wildridge PUD approval is required, followed by a Minor Administrative Subdivision, the latter of which is reviewed, and a decision is determined by the Community Development Director (“Director”). SUMMARY OF REQUEST: Bobby Ladd, architect with RAL Architects, INC is representing 4644 North Point LLC, (“Applicant”), the entity pursuing the lot split at 4644 North Point (“Property”). The lot split is part of the applicant’s proposal to build two, single- family homes, one on each lot, if successfully subdivided. The applications required for this specific lot split are: 1. PUD Amendment: Lot Split Amendment to Wildridge PUD 2. Administrative Minor Subdivision, and a Major Development Plan with an Alternative Equivalent Compliance request for a modified roof design (Not included with this application) Figure 1 - Vicinity Map PUD24001 June 18, 2024 Page 2 of 11 PROCESS: An Administrative Minor Subdivision is eligible for review and approval by Staff. The Lot Split Amendment (“PUD Amendment”) first requires a public hearing with the PZC, with the purpose of providing a recommendation to Avon Town Council. Council will review and render a final decision on a Lot Split Amendment to Wildridge PUD Amendment application after conducting a separate public hearing. On June 10, 2024, the PZC voted to recommend approval of PUD24001 with one condition, to Avon Town Council. The recommended condition from PZC is as follows: 1) “Access and maintenance agreement for the shared driveway and storage area is to be recorded prior to signature of the Minor Subdivision plat.” Avon Town Council will vote whether to approve the application incorporating conditions, via Resolution 24- 19 (ATT B – Resolution 24-19 Draft). An application for a Lot Split in Wildridge is subject to three sets of Review Criteria: 1. General Review Criteria for ALL Development Applications - § 7.16.020(f)(1), Review Criteria 2. Review Criteria for PUD Amendments - § 7.16.020(e)(4), Review Criteria 3. Review Criteria for Lot Split Amendments in Wildridge § 7.16.060(h)(4), Additional Review Criteria Review Criteria #3 was adopted into the Avon Municipal Code in 2015, through Ordinance 2015-11. To date, nine (9) lot splits in Wildridge have occurred since adoption. Staff is not aware of an application for a lot split in Wildridge following the adoption of Ordinance 2015-11, that was denied by either the PZC or Council. PROPERTY DESCRIPTION: 4644 North Point is the only undeveloped property on North Point, a cul-de-sac with six residential lots, near the northern-most point in Wildridge. North Point is only accessible from Wildridge Road. Lots 48-59 in Block 3 of Wildridge, which Staff believes represents the “Neighborhood”, include all homes on North Point in addition to several homes on Wildridge Road and are all platted as duplex lots on the original Wildridge PUD. The 40,075.2 square foot site (.92 acres) includes native grasses and sagebrush. The terrain is characterized by steep topography sloping up towards the northeast, and presents views of the mountains and hillside in every direction. The lot includes 2,650 square feet of “Non-Developable Area”. This area restricts development including buildings, fences, signs, roads, and grading. Forest Road 779, abuts the property to the east on Town-owned property. Immediate adjacent residential properties include three duplexes: one to the north and the other two to the south. Staff ANALYSIS & REPORT Public Notice PZC PUBLIC HEARING 6/10/2024 Public Notice Council PUBLIC HEARING 7/9/2024 PUD24001 June 18, 2024 Page 3 of 11 PROJECT DESCRIPTION: Lot 50A is proposed as a 15,768.72 square foot lot, and Lot 50B is proposed as a 24,262.92 square foot lot. Lot 50A is proposed to include a 5,702 square foot home, with a main level and lower level. Lot 50B is proposed to include a 7,129 square foot home with an upper level, a main level and a lower level. The project proposes a single driveway access from the 50A lot, and an access easement for Lot 50B is included on the proposed plat for the site. Like many homes in Wildridge, the buildings are designed to “fit” into the hillside. The proposal for the lot split and homes was submitted to the Town and the PZC conducted a public hearing on May 28, 2024. As a result of the public hearing, the application for the alternative roof pitch (AEC24001) was approved. This application for the lot split (PUD24001) as well as the Major Development Review application for design review of the homes and development of the lot (MJR24002) was continued to a PZC hearing on June 10, 2024. The MJR and PUD applications were approved by the PZC at the June 10, 2024 hearing. Figure 2 - Site Map PUD24001 June 18, 2024 Page 4 of 11 Figure 3 – Proposed Plat Map with Building Envelopes Figure 4 - Lot 50B Proposed Home Showing "Fit" into hillside PUBLIC NOTIFICATION & COMMENTS: Notice of the PZC public hearing for PUD24001 was originally published in the Vail Daily in accordance PUD24001 June 18, 2024 Page 5 of 11 with Sec. 7.16.020(d) of the Avon Development Code (ADC) on May 3, 2024. Mailed notice is required for a Lot Split Amendment for Wildridge PUD and was sent to properties within 300’ of the proposed development site in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC) on May 3, 2024. Members of the public submitted comment prior to, and during the May 13, 2024 public hearing with PZC, and again prior to and during the continued hearing with the PZC on June 10, 2024. Public comments are summarized in the May 13, 2024 PZC Meeting Minutes and June 10, 2024 PZC Meeting Minutes written comments are also included (ATT D – PZC Minutes and Comments). Notice of the public hearing with Town Council for PUD24001 was published in the Vail Daily in accordance with Sec, 7.16.020(d) of the Avon Development Code on June 28, 2024. Mailed notice was sent to properties within 300’ of the proposed lot split site in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC) on June 27, 2024. GENERAL REVIEW CRITERIA § 7.16.020(f)(1), Review Criteria The PZC and Town Council shall consider the following criteria in order to consider approval of any development application submitted to the Town: i. The development application is complete; ii. The development application provides sufficient information to allow the reviewing authority to determine that the development application complies with the relevant review criteria; iii. The development application complies with the goals and policies of the Avon Comprehensive Plan; and iv. The demand for public services or infrastructure exceeding current capacity is mitigated by the development application. Staff Response: The application is complete, and Staff feels that the applicant has provided the sufficient information needed to allow Town Council to determine if the application complies with all review criteria. The Avon Comprehensive Plan is largely silent on goals and policies for single-family homes and duplexes, aside from a goal to “Achieve a diverse range of housing densities, styles and types… to serve all segments of the population (Goal E.1).” Demand for public services and infrastructure specific to this application are not exceeding capacity currently. PLANNED UNIT DEVELOPMENT REVIEW CRITERIA § 7.16.060(e)(4), Review Criteria The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD overlay, approve a preliminary PUD plan or process a PUD amendment: i. The PUD addresses a unique situation, confers a substantial benefit to the Town and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient PUD24001 June 18, 2024 Page 6 of 11 provision of streets, roads and other utilities and services; or increased choice of living and housing environments; Staff Response: The PUD amendment to split the lot presents the opportunity to develop the lot under its current allowance of two dwelling units, while preserving natural elements that would be removed if a duplex structure were constructed. Duplexes can present visual “walls” to neighboring properties, and restrict wildlife activity compared to two single-family homes. The opportunity to construct two homes rather than one or none presents increased housing stock in a time and place where housing inventory is limited. Four lots in the vicinity are underdeveloped duplex lots where only a single-family residence (“SFR”) has been built (Table 1-1 Existing and Proposed Density). ii. The PUD rezoning will promote the public health, safety and general welfare; Staff Response: The lot split promotes the general welfare of Avon by increasing the likelihood that a residential property is built to its maximum density of residential units. The lot split ensures that the property can accommodate the two dwelling units for which it is platted. iii. The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code and the eligibility criteria outlined in Subsection 7.16.060(b); Staff Response: In reviewing the compatibility of this project with the Avon Comprehensive Plan, Staff finds that this lot split in Wildridge generally aligns with most of the cited “Avon Values,” policies, and guiding principles. More specifically, the following statements reflect the intentions of the proposed development when considering location, design, and aesthetics: • Respect the Natural Environment. Enhance Avon’s strong connections to its spectacular scenery, magnificent natural surroundings, and ample outdoor recreational opportunities. Original Lot #Current Lot #Address(es)Plat Density Lot Split (Y/N)?Structure 48A 4730 Wildridge Rd W #A Duplex SFR 48B 4730 Wildridge Rd W #B Duplex SFR 49A 4620 North Point #A Duplex Duplex 49B 4700 Wilridge Rd E #B Duplex Duplex 50 50 4644 North Point Duplex PROPOSED TWO SFRS 51A 4660 North Point #A Duplex Duplex 51B 4661 North Point #B Duplex Duplex 52 52 4686 North Point Duplex N SFR 53A 4691 North Point #A Duplex SFR 53B 4691 North Point #B Duplex SFR 54 54 4420 Wildridge Rd W Duplex N SFR 55 55 4657 North Point Duplex N SFR 56A 4480 Wildridge Rd W #A Duplex Duplex 56B 4480 Wildridge Rd W #B Duplex Duplex 57 57 4611 North Point Duplex N SFR 56 Y 51 Y 53 Y Table 1-1 North Point Existing and Proposed Density 48 Y 49 Y PUD24001 June 18, 2024 Page 7 of 11 • Have a Distinctive Built Form. Develop a hierarchy of built forms that reflects the importance of the Town Center in the community. High quality design and finishes will exist throughout the community. • Enhance the Sense of Place and Character. Create a developed community made up of smaller residential neighborhoods and a thriving Town Center that collectively provide a unique sense of place and charm enjoyed by year-round residents and visitors alike. • Promote Diversity. Strengthen a total environment that is supportive of and attainable to a diverse community. The community is the sum of its parts and a healthy and vibrant community must welcome and encompass people with a wide range of backgrounds, interests, vocations, family status, and economic means. These elements help in achieving the vision of this Plan. Future Land Use and Planning Area The Avon Comprehensive Plan’s Future Land Use Map designates the property as Residential - Low Density, and includes this area as part of District 11: Northern Residential District. Single-family homes are appropriate for Residential – Low Density areas, and this application is consistent with the proposed future land use in Avon. The lot split does not increase the density of dwelling units. The Avon Comprehensive Plan prescribes that landscaping “should reflect the area’s dry climate and typically steep terrain with low water-requiring plant materials and natural landscaping. The application includes a landscaping plan demonstrating the Fire-Free-Five recommendation from the Fire Protection District, to have all trees and plant material at least five feet from the building envelope. Additionally, plants and shrubs are consistent with water-wise, sun-intense recommendations for the area, and 250 square feet of the total 912 square feet of irrigated area represents spray irrigation. Under Planning Principles, the following statements are also relevant to this development: • Encourage and support development that prohibits significant alteration of the natural environment as well as ridgeline and steep slope development. This area should be highly sensitive to visual impacts of improvements, wildlife preservation, and lighting. The proposed subdivision and subsequent homes acknowledge the increasingly steep topography towards the north of the site. The two homes are proposed to be built adjacent to the road, and the shared driveway concept limits disturbed areas on the site. No fences are proposed with this project, and the lighting is dark-sky compliant. Policies of the Avon Comprehensive Plan The following are applicable sections of the Avon Comprehensive plan that relate to this project: Policy B.2.2: Promote a wide range of residential uses throughout the Town. Policy C.1.2: Ensure compatible architectural features between adjacent buildings. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. Policy G.3.2: Enforce the use of “Dark Sky” compliant fixtures. iv. Facilities and services (including roads and transportation, water, gas, electric, police and fire PUD24001 June 18, 2024 Page 8 of 11 protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: This property is included in the Upper Eagle River Water Authority and the Town confirmed in 2023 that properties in Wildridge, including those that can accommodate duplex lots, have water allocation from the Eagle River Water and Sanitation District (ERWSD). Gas, electricity, waste services and emergency services are all available to this site. v. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife and vegetation, or such impacts will be substantially mitigated; Staff Response: The lot split will not result in adverse impacts to wildlife or the air, water, noise, stormwater management, vegetation or wildlife that is otherwise present in the area. The opportunity to construct two SFRs as opposed to a duplex allows for wildlife, water, and noise to pass through the area with a less-substantial obstruction. vi. Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: Rezoning is not proposed with this application. If the lot split is considered a “rezoning”, Staff acknowledges that the lot split is not likely to result in significant adverse impacts on other properties in the vicinity. Impacted view corridors are not considered significant adverse impacts, and Staff are not aware of significant, negative impacts caused by other, previously approved lot splits. vii. Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: The future use of the subject tract is proposed as two single-family homes. Properties in the vicinity have duplex and single-family structures that range from 6,165 square feet to 2,153 square feet of Actual Area (the size of the structure including indoor space, garages, and mechanical rooms). The largest home in Wildridge is 14,842 square feet of Actual Area. The homes proposed by the applicant are 5,702 sq ft (Lot 50A) and 7,129 sq ft (Lot 50B) of Actual Area respectively (Table 1-2 Existing and Proposed Development). The proposed home on Lot 50A includes two levels of identical size and footprint (2,851 sq ft). The proposed home on Lot 50B is comprised of three levels, with the lowest level, including the garage representing the largest footprint (3,652 sq ft) of any level. The lowest level of the home proposed on Lot 50B is likely not visible from North Point. PUD24001 June 18, 2024 Page 9 of 11 PLANNED UNIT DEVELOPMENT REVIEW CRITERIA § 7.16.060(h)(4), Additional Review Criteria Town Council shall review a Lot Split Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD that include a Lot Split according the following criteria in addition to the review criteria for a preliminary PUD development plan: i. The application results in less total site coverage and contains restrictions on building envelopes when deemed appropriate to minimize site coverage; Staff Response: The applicant has proposed restrictive building envelopes that result in less total site coverage than the site coverage potentially created by a permissible duplex structure. ii. Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and when a shared driveway curb cut would reduce site disturbance; Staff Response: The plat presents the opportunity for a shared driveway and shared driveway curb cut, and both are present on the subsequent Major Development Plan application for the two proposed single-family homes. iii. Areas not appropriate for development are designated on the PUD plan; Staff Response: The Wildridge PUD identifies “Non-developable Areas” on certain parcels including more than 2,600 square feet on the eastern portion of Lot 50. Staff feel that this existing non- developable area is satisfactory and does not require expansion or modification. Original Lot #Original Lot Acreage Current Lot #Address(es)Structure Actual Area 48A 4730 Wildridge Rd W #A SFR 4,148 48B 4730 Wildridge Rd W #B SFR 4,192 49A 4620 North Point #A Duplex 4,321 49B 4700 Wilridge Rd E #B Duplex 2,704 PROPOSED 50A 4644 North Point #A SFR 5,702 PROPOSED 50B 4644 North Point #B SFR 7,129 51A 4660 North Point #A Duplex 3,953 51B 4661 North Point #B Duplex 2,956 52 1.98 52 4686 North Point SFR 6,165 53A 4691 North Point #A SFR 4,073 53B 4691 North Point #B SFR 2,153 54 1.78 54 4420 Wildridge Rd W SFR 3,604 55 0.71 55 4657 North Point SFR 4,298 56A 4480 Wildridge Rd W #A Duplex 4,139 56B 4480 Wildridge Rd W #B Duplex 4,770 57 0.43 57 4611 North Point SFR 3,000 56 0.63 50 0.92 Table 1-2 North Point Existing and Proposed Development 51 1.07 53 1.15 48 0.51 49 0.58 PUD24001 June 18, 2024 Page 10 of 11 iv. The proposed development of the site avoids disturbance of slopes greater than thirty percent (30%) or reduces potential disturbance of slopes greater than thirty percent (30%) compared to the existing PUD designation; and, Staff Response: No portion of the lot includes slope greater than thirty percent (30%). v. The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity, including but not limited to: (A) enhanced landscaping; (B) increased building setbacks (i.e. minimum twenty (20) feet separation between buildings and a minimum ten (10) feet setback between properties); (C) designated building footprints; (D) building height restrictions; and, (E) designated architectural massing, including building square footage designation." Staff Response: The applicant has proposed designated building footprints. The provided landscaping plan includes water-wise plantings and thoughtful placement of new trees (away from the building envelope and out of areas with intense sun-exposure). The plat represents the minimum setbacks as required along the property lines (10 feet on each side of the shared lot line). The homes are at least 25’ apart from one another and other homes in the neighborhood. The homes adhere to the current height limitations OPTIONS: Council has the following options: • Approve as outlined below; • Approve with modified findings and conditions; • Continue application to future meeting pending additional details or studies; or • Deny after formulating justifiable findings. FINDINGS: Staff Recommended Findings: 1. The application meets the general review criteria for all development applications detailed in § 7.16.020(f)(1), Review Criteria. The application is complete, and the applicant has provided sufficient information for the reviewing authority to determine that the application complies with the criteria. The application complies with the goals and policies of the Avon Comprehensive Plan regarding a diverse range of housing densities, styles and types to serve all segments of the population. 2. The Lot Split Amendment incorporates creative site design that achieves the purposes of the Town’s Development Code. The split “prevents the inefficient use of land” by establishing a plat that incentivizes development of two proposed homes as opposed to one. The split also helps “promote architecture which is compatible, functional, practical and complimentary checking to Avon’s sub-alpine environment” by creating two architectural canvasses on which one architect has already proposed compatible, complimentary design; PUD24001 June 18, 2024 Page 11 of 11 3.The Lot Split Amendment promotes public health, safety and general welfare by promoting maximum development of a residential lot. Underdeveloped residential lots contribute to the existing housing crisis, which in turn presents challenges to the local economy by likely reducing the available local workforce; 4.The Lot Split Amendment is consistent with the Avon Comprehensive Plan, promoting compatible architecture and increasing the diversity of housing; 5.Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; 6.The Lot Split Amendment will not result in negative impacts to the natural environment. Wildlife currently thrives in Wildridge despite residential development, and the project promotes native, water-wise vegetation that addresses wildfire risk; 7.The Lot Split Amendment is not likely to result in significant impacts on other properties in the vicinity; 8.Future uses on the subject lots will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject lots. While the square footage of the homes are proposed to be slightly greater than existing homes in the area, the massing is broken up so that the building footprint is not excessive, as opposed to box-style homes with less square footage but equal or greater visual impact. RECOMMENDED MOTION: “I move to approve Case #PUD24001, a Lot Split Amendment to the Wildridge PUD, based on the findings for a PUD Amendment § 7.16.060(e)(4), Review Criteria and § 7.16.060(h)(4), and Additional Review Criteria § 7.16.020(f)(1), Review Criteria, as presented in the Staff report and application, with Staff’s recommended condition:” Staff Recommended Conditions: 1.Access and maintenance agreement for the shared driveway and storage area to be recorded prior to signature of the Minor Subdivision plat. Thank you, Max ATTACHMENTS: A.ATT A – PUD24001 PZC Record of Decision B.ATT B – Resolution 24-19 DRAFT C.ATT C – UPUDted Application Materials Following PZC Hearing 051324 D.ATT D – PZC Minutes and Public Comments E.ATT E – Public Comment for Council DRAFT PZC Record of Decision: PUD24001 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING: TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT: June 10, 2024 PUD Amendment for Lot Split in Wildridge 4644 North Point PUD24001 4644 North Point LLC c/o RAL Architects This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #PUD24001: Recommend Approval with Conditions LOT SPLIT IN WILDRIDGE FINDINGS: 1. The Lot Split Amendment incorporates creative site design that achieves the purposes of the Town’s Development Code, by promoting maximum development of a residential lot, where many lots are underdeveloped; 2. The Lot Split Amendment promotes public health, safety and general welfare by promoting maximum development of a residential lot. Underdeveloped residential lots contribute to the existing housing crisis, which in turn presents challenges to the local economy by likely reducing the available local workforce; 3. The Lot Split Amendment is consistent with the Avon Comprehensive Plan, promoting compatible architecture and increasing the diversity of housing; 4. Facilities and services (including roads and transportation, water, gas, electric, police and fire protection and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; 5. The Lot Split Amendment will not result in negative impacts to the natural environment. Wildlife currently thrives in Wildridge despite residential development, and the Town has promoted assessment of native vegetation that could increase wildfire risk that this development accomplishes; 6. The Lot Split Amendment is not likely to result in significant impacts on other properties in the vicinity; and 7. Future uses on the subject lots will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject lots. The proposed homes included in this application are sized and scaled to look and feel similar to other homes on Fox Lane and Saddle Ridge Loop Staff Recommended Conditions: 1. Access and maintenance agreement to be recorded prior to signature of the Minor Subdivision plat. ATTACHMENT A - PZC Record of Decision PUD24001 DRAFT PZC Record of Decision: PUD24001 THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: PZC Chairperson DATE: ATTACHMENT A - PZC Record of Decision PUD24001 Resolution 24-19 – Lot Split in Wildridge Lot 50 Block 3 July 9, 2024 Page 1 of 2 RESOLUTION 24-19 APPROVING CASE PUD24001, A MINOR PUD AMENDMENT TO LOT 50 BLOCK 3, WILDRIDGE SUBDIVISION Approving the application for an amendment to the Wildridge Planned Unit Development (“PUD”) in order to subdivide Lot 50 Block 3, currently addressed as 4644 North Point, into two separate lots. WHEREAS, Bobby Ladd on behalf of 4644 North Point LLC (“Applicant”), has submitted a Minor PUD Amendment Application (“Application”), for Lot 50 Block 3 Wildridge Subdivision; and WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code section 7.16.060(h)(ii) and 7.16.060(h)(iii), Avon Development Code; and WHEREAS, the Planning and Zoning Commission held public hearings May 13, 2024 and June 10, 2024 after posting notice of such hearing in accordance with the requirements of section 7.16.020(d), Step 4: Notice, Avon Development Code, and considered all comments provided; and WHEREAS, after holding a public hearings on May 13, 2024 and June 10, 2024, the Planning and Zoning Commission made a recommendation that the Town Council approve the Application with one condition; and WHEREAS, the recommended conditions include the requirement for the Applicant to provide an “Access and maintenance agreement for the shared driveway and storage area to be recorded prior to signature of the Minor Subdivision plat” and “’Limits of disturbance’ are assigned to the northern portion of the lot, and designated on the plat prior to signature and recording.”; and WHEREAS, the Avon Town Council held a public hearing on July 9, 2024, after posting notice of such public hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Development Code, and considered all comments provided; and WHEREAS, the Avon Town Council considered the review criteria set forth in section 7.16.060(e)(4), Review Criteria, Section 7.16.060(h)(ii), Minor Amendment, and Section 7.16.060(h)(iii), Lot Split Amendment to Wildridge PUD, and found the Application in compliance with the Review Criteria. ATTACHMENT B - DRAFT Resolution 24-19 Resolution 24-19 – Lot Split in Wildridge Lot 50 Block 3 July 9, 2024 Page 2 of 2 WHEREAS, the Avon Town Council finds that the PUD Amendment for a Lot Split in Wildridge will promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the application for an amendment to the Wildridge Planned Unit Development (“PUD”) in order to subdivide Lot 50, Block 3, currently addressed as 4644 North Point into two separate lots with the following conditions: 1) Access and maintenance agreement (for the shared driveway and snow storage area) is to be recorded prior to signature of the Minor Subdivision plat. ADOPTED July 9, 2024 by the AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT B - DRAFT Resolution 24-19 ATTACHMENT C - UPDATED Application Materials LOT 50 0.92 ACRES 4644 NORTH POINT GARAGE 8593.5 GARAGE 8580 8570 2 5 ' F R O N T S E T B A C K 10' SIDE SETBA C K 10' SIDE SETB A C K 10 ' E A S E M E N T 7.5' EASEMEN T 7.5' EASEMEN T 1 0 ' E A S E M E N T N O N D E V E L O P A B L E A R E A 8592 HOT TUB HOT TUB 8587.25 8593.75 8608.75 LOT 50A 15,784 SF (0.362 ACRES) 4644-A NORTH POINT LOT 50B 24,282 SF (0.557 ACRES) 4644-B NORTH POINT LOWER FLOOR 8594.0 MAIN FLOOR 8606.0 RIDGE - 8632.2 R I D G E - 8 6 3 3 . 3 EAVE - 8622.3 EAVE - 8622.8 1 2 3 4 8606 8608 8604 8610 8612 8614 8616 8602 8600 8598 8596 8590 8592 8594 8588 8586 8584 8582 8580 8578 8576 8574 8572 8570 8568 8566 8564 8562 8560 8618 TOW - 8612.0 BOW - 8609.0 TOW - 8609.5 BOW - 8605.75 8605.75 8605.75 TOW - 8609.0 BOW - 8605.75 8593.75 8592.25 TOW - 8601.0 BOW - 8597.0 TOW - 8597.5 BOW - 8593.75 5 6 7 GARAGE FLOOR 8587.25 ADDRESS MARKER WATER LIMITS OF DIS T U R B A N C E 15' LANDSCAPE WI L D F I R E S E T B A C K 15' L A N D S C A P E W I L D F I R E S E T B A C K 15' DEFENSIBLE SPACE 8573 8573.8 8574.5 8575.3 8576 8578 8580 8582 8584 8586 8587.5 8591.3 8588 8590 LOWER FLOOR 8575.75 MAIN FLOOR 8587.75 8586.72 8587.15 8575.25 8587.25 8574 TO P O F E A V E 8 6 0 1 . 8 5 TO P O F E A V E 8 6 0 4 . 5 2 TO P O F E A V E 8 6 0 4 . 3 6 CULVERT 4% 10 % TOW - 8586.0 BOW - 8582.0 TOW - 8580.0 BOW - 8576.0 A-171 SF B-145 SF E-190 SF C-141 SF D-189 SF BUILDING HEIGHT ROOF HT EXISTING GR FINISHED GR HEIGHT BH-1 8621.5 8598.0 8591.5 30.0' BH-2 8632.2 8599.5 N/A 32.7' BH-3 8633.3 8599.0 N/A 34.3' BH-4 8622.3 8594.0 8592.5 29.8' BH-5 8604.6 8575.5 8575.3 29.3' BH-6 8604.4 8575.0 8575.3 29.4' BH-7 8601.9 8583.5 8587.0 18.4' LANDSCAPE AREA TOTAL IRRIGATED AREA SPRAY AREA DRIP AREA SOD AREA LAND SUMMARY - LOT 50A 6,274sf 575sf 0sf 575sf 0sf 0.0% OF IRRIGATED AREA 100% OF IRRIGATED AREA 0.0% OF IRRIGATED AREA 9.2% OF LANDSCAPE AREA 39.7% OF LOT NATIVE VEGETATION 5,699sf 90.8% OF LANDSCAPE AREA DISTURBED AREA OF LOT 11,994sf 76.0% OF LOT TOTAL LOT AREA 15,784sf BUILDING FOUNDATION 2,851sf HARDSCAPE 668sf IMPERVIOUS COVERAGE 5,720sf 36.2% OF LOT EVERGREEN TREE DECIDUOUS TREE 8'+ HEIGHT SIZE 2.5" CALIPER REVEGETATED WITH NATIVE GRASSES ALL DISTURBED AREAS ON THE SITE NOT TO BE SODDED OR MULCHED ARE TO BE POPULUS TREMULOIDES COBBLE SPRINKLER SYSTEM TO BE INSTALLED WITH AN AUTOMATIC RAIN SENSOR PICEA PUNGENS BOTANIC NAME PLANT LIST - LOT 50A PP KEY PT TREES COLROADO BLUE SPRUCE COMMON NAME QUAKING ASPEN 9 # 18 SHRUB PLANT LEGEND AAS AMELANCHIER ALNIFOLIA NATIVE SERVICEBERRY SHRUBS 5 GALLON21 5 GALLONARTEMISIA TRIDENTATAATS TALL WESTERN SAGE 19 NATIVE REVEGETATION MULCH SOD LANDSCAPE AREA TOTAL IRRIGATED AREA SPRAY AREA DRIP AREA SOD AREA 7,656sf 386sf 0sf 386sf 0sf 0.0% OF IRRIGATED AREA 100.0% OF IRRIGATED AREA 0% OF IRRIGATED AREA 5.1% OF LANDSCAPE AREA 31.5% OF LOT NATIVE VEGETATION 7,270sf 94.9% OF LANDSCAPE AREA DISTURBED AREA OF LOT 14,293sf 58.9% OF LOT TOTAL LOT AREA 24,282sf BUILDING FOUNDATION 3,661sf HARDSCAPE 967sf IMPERVIOUS COVERAGE 6,637sf 27.3% OF LOT DRIVEWAY 2,201sf DRIVEWAY 2,009sf 8'+ HEIGHT SIZE 2.5" CALIPERPOPULUS TREMULOIDES PICEA PUNGENS BOTANIC NAME PLANT LIST - LOT 50B PP KEY PT TREES COLROADO BLUE SPRUCE COMMON NAME QUAKING ASPEN 10 # 15 AAS AMELANCHIER ALNIFOLIA NATIVE SERVICEBERRY SHRUBS 5 GALLON20 5 GALLONARTEMISIA TRIDENTATAATS TALL WESTERN SAGE 15 LAND SUMMARY - LOT 50B SNOW STORAGE TOTAL DRIVEWAY AREA - 4210 SF REQUIRED SNOW STORAGE - 842 SF AREA A 183 SF AREA B 145 SF AREA C 141 SF AREA D 189 SF AREA E 190 SF TOTAL AREA 848 SF Overall Site Plan and Notes A0.1 1"=20' I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 April 10, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge Private Residence 4644 North Point Lot 50, Block 3 ATTACHMENT C - UPDATED Application Materials GARAGE 8593.5 GARAGE 8580 8570 2 5 ' F R O N T S E T B A C K 10' SIDE SETB A C K 10' SIDE SETB A C K 10 ' E A S E M E N T 7.5' EASEMEN T 7.5' EASEME N T 1 0 ' E A S E M E N T N O N D E V E L O P A B L E A R E A 8592 HOT TUB HOT TUB 8587.25 8593.75 8608.75 LOT 50A 15,784 SF (0.362 ACRES) 4644-A NORTH POINT LOT 50B 24,282 SF (0.557 ACRES) 4644-B NORTH POINT LOWER FLOOR 8594.0 MAIN FLOOR 8606.0 RIDGE - 8632.2 R I D G E - 8 6 3 3 . 3 EAVE - 8622.3 EAVE - 8622.8 1 2 3 4 8606 8608 8604 8610 8612 8614 8616 8602 8600 8598 8596 8590 8592 8594 8588 8586 8584 8582 8580 8578 8576 8574 8572 8570 8568 8566 8564 8562 8560 8618 TOW - 8612.0 BOW - 8609.0 TOW - 8609.5 BOW - 8605.75 8605.75 8605.75 TOW - 8609.0 BOW - 8605.75 8593.75 8592.25 TOW - 8601.0 BOW - 8597.0 TOW - 8597.5 BOW - 8593.75 5 6 7 GARAGE FLOOR 8587.25 ADDRESS MARKER WATER LIMITS OF DIS T U R B A N C E 8573 8573.8 8574.5 8575.3 8576 8578 8580 8582 8584 8586 8587.5 8591.3 8588 8590 LOWER FLOOR 8575.75 MAIN FLOOR 8587.75 8586.72 8587.15 8575.25 8587.25 8574 TO P O F E A V E 8 6 0 1 . 8 5 TO P O F E A V E 8 6 0 4 . 5 2 TO P O F E A V E 8 6 0 4 . 3 6 CULVERT 4% 10 % TOW - 8586.0 BOW - 8582.0 TOW - 8580.0 BOW - 8576.0 A-171 SF B-145 SF E-190 SF C-141 SF D-189 SF I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 May 8, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 Architectural Site Plan A0.2 1"=20' ATTACHMENT C - UPDATED Application Materials 15' LANDSCAPE W I L D F I R E S E T B A C K 15 ' L A N D S C A P E W I L D F I R E S E T B A C K 15' DEFENSIBLE SPACE I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 May 8, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 Landscape Plan A0.3 1"=20' ATTACHMENT C - UPDATED Application Materials King Tw i n Tw i n FLOOR AREA - 2582 SF MECHANICAL AREA - 206 SF GARAGE MUD ROOM MECHANICAL LAUNDRY GUEST BEDROOM ENTRY FAMILY ROOM BEDROOM 3 BUNK ROOM COATS ELEVATOR PATIO STUDY 3 13 ' - 1 " 13 ' - 1 " 17'-1" 12'-4" 34'-0" 22 ' - 9 1 2" 20 ' - 1 " CLOSET POWDER GARAGE AREA - 864 SF 12'-61 2" 14 ' - 8 1 2" 24'-21 2" CLOSET PATIO L1 L1 L2 L2 L2 L2 Mu r p h y Q u e e n I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 Lower Floor Plan A1.1 3/16" = 1'0" ATTACHMENT C - UPDATED Application Materials King FLOOR AREA - 2813 SF MASTER BEDROOM MASTER BATH MASTER CLOSET POWDER STUDY 1 STUDY 2 SITTING ROOM DINING ROOM GREAT ROOM KITCHEN PANTRY DECK DECK PATIO HOT TUB GRILL ELEVATOR COVERED DECK PATIO PATIO L1 L1 L1 L1 L1 L1 L1 L1 L1 L1 L1 L2 L2 L2 L2 I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 Main Floor Plan A1.2 3/16" = 1'0" ATTACHMENT C - UPDATED Application Materials BEDROOM 2 FLOOR AREA - 664 SF King 16'-3" 16 ' - 2 1 2"DECK L2 L2 I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 Upper Floor Plan A1.3 3/16" = 1'0" ATTACHMENT C - UPDATED Application Materials 2' - 0 " 3' - 0 " 2'-0"2'-0" 2'-0" 3' - 0 " 3' - 0 " 2'-0" 3' - 0 " 2'-0" 2'-0" 2' - 0 " 4' - 1 0 " 1'-0" 2: 1 2 2: 1 2 2: 1 2 2: 1 2 2: 1 2 1.375:124:12 4:12 4: 1 2 4: 1 2 2: 1 2 4: 1 2 4: 1 2 4:12 4:12 1.375:12 DECK DECK DECK 2: 1 2 2'-0" I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 Roof Plan A1.4 3/16" = 1'0" ATTACHMENT C - UPDATED Application Materials A ASPHALT SHINGLES B METAL ROOFING C 2X WOOD FASCIA D 8" HORIZONTAL WOOD SIDING E 1" METAL REVEAL TRIM F STUCCO G STONE VENEER H METAL RAILING J ALUMINUM CLAD WOOD WINDOW/DOOR K WOOD BEAM/COLUMN L EXPOSED STEEL BEAM A A B C C C C C D D F G D HH H J J J J J J J K K K L L E UPPER FLOOR ELEVATION 8619.0 MAIN FLOOR ELEVATION - 8606.0 LOWER FLOOR ELEVATION - 8594.0 TOP OF RIDGE ELEVATION 8633.3 TOP OF RIDGE ELEVATION 8632.2 ELEVATION 8635.0 UPPER FLOOR ELEVATION 8619.0 MAIN FLOOR ELEVATION - 8606.0 LOWER FLOOR ELEVATION - 8594.0 GARAGE FLOOR ELEVATION - 8592.0 I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 Exterior Building Elevations A2.1 3/16" = 1'0" South Elevation - Main House South Elevation - Garage ATTACHMENT C - UPDATED Application Materials UPPER FLOOR ELEVATION 8619.0 MAIN FLOOR ELEVATION - 8606.0 LOWER FLOOR ELEVATION - 8594.0 PROPOSED GLASS CEILING ELEVATION 8635.0 UPPER FLOOR ELEVATION 8619.0 MAIN FLOOR ELEVATION - 8606.0 PROPOSED GLASS CEILING ELEVATION 8635.0 I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 Exterior Building Elevations A2.2 3/16" = 1'0" East Elevation North Elevation ATTACHMENT C - UPDATED Application Materials UPPER FLOOR ELEVATION 8619.0 MAIN FLOOR ELEVATION - 8606.0 LOWER FLOOR ELEVATION - 8594.0 TOP OF EAVE ELEVATION 8622.3 PROPOSED GLASS CEILING ELEVATION 8635.0 MAIN FLOOR ELEVATION - 8606.0 TOP OF EAVE ELEVATION - 8622.8 I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge The Hahn Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 Exterior Building Elevations A2.3 3/16" = 1'0" West Elevation - Main House West Elevation - Garage ATTACHMENT C - UPDATED Application Materials L2 FLOOR AREA - 2851 SF PATIO GAME ROOMBEDROOM 2 Ki n g Ki n g King BEDROOM 3 BEDROOM 4 BEDROOM 5 BUNKS STUDY LAUNDRY MECHANICAL LINEN LINEN L2 L2 L2L2 FAMILY ROOM ELEVATOR Lower Floor Plan A1.1 1/4" = 1'0" I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge Private Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 ATTACHMENT C - UPDATED Application Materials Ki n g FLOOR AREA - 2091 SFDECK GREAT ROOM POWDER KITCHEN DINING ROOM SITTING ROOM PATIO L1 L1 L1 L1 L2L2 L2 Dining Table 3'6" x 8'0" COATS MASTER BATH MASTER CLOSET PANTRY MUD ROOM WINE CLOSET GARAGE GARAGE AREA - 760 SF L2L2 L2 L1 L1L1 ELEVATOR Upper Floor Plan A1.2 1/4" = 1'0" I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge Private Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 ATTACHMENT C - UPDATED Application Materials 2: 1 2 2:12 2:12 2: 1 2 2: 1 2 2: 1 2 2: 1 2 CH I M N E Y CRICKET 2'-0" 2' - 0 " 2' - 0 " 3'-0" 2'-0" 2' - 0 " 3'-0"4'-0" 2'-0" 2' - 0 " 2' - 0 " 2'-0" 2' - 0 " 2' - 0 " 1'-2"11'-9"1'-2"3'-0"2'-0" 2' - 0 " 2' - 0 " DECK Roof Plan A1.3 1/4" = 1'0" I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge Private Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 ATTACHMENT C - UPDATED Application Materials A ASPHALT SHINGLES B METAL ROOFING C 2X WOOD FASCIA D 8" HORIZONTAL WOOD SIDING E 1" METAL REVEAL TRIM F STUCCO G STONE VENEER H METAL RAILING J ALUMINUM CLAD WOOD WINDOW/DOOR K WOOD BEAM/COLUMN L EXPOSED STEEL BEAM E B CC C D D D D F F F F G H H K K K K J J J J MAIN FLOOR ELEVATION 8587.75 LOWER FLOOR ELEVATION 8575.75 GARAGE FLOOR ELEVATION 8587.25 TOP OF EAVE ELEVATION 8604.52 TOP OF EAVE ELEVATION 8604.36 J J J J J B K PROPOSED GLASS CEILING ELEVATION 8608.00 MAIN FLOOR ELEVATION 8587.75 LOWER FLOOR ELEVATION 8575.75 GARAGE FLOOR ELEVATION 8587.25 TOP OF EAVE ELEVATION 8601.85 PROPOSED GLASS CEILING ELEVATION 8608.00 Exterior Building Elevations A2.1 1/4" = 1'0" I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge Private Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 South Elevation East Elevation ATTACHMENT C - UPDATED Application Materials MAIN FLOOR LOWER FLOOR ELEVATION 8575.75 TOP OF EABE ELEVATION 8604.52 PROPOSED GLASS CEILING ELEVATION 8608.00 ELEVATION 8587.75 MAIN FLOOR ELEVATION 8587.75 LOWER FLOOR ELEVATION 8575.75 PROPOSED GLASS CEILING ELEVATION 8608.00 Exterior Building Elevations A2.2 1/4" = 1'0" I S S U E S L A N D S C A P E A R C H I T E C T N O T E S DATEDESCRIPTIONNO. A PZC Submittal 03.07.24 23-348 June 4, 2024 ral RAL Architects, Inc.2024C Ed w a r d s , C o l o r a d o 8 1 6 3 2 e m a i l ~ b o b b y l @ r a l a r c h . c o m P. O . B o x 1 8 0 5 Ph o n e ~ 9 7 0 . 3 7 6 . 4 2 2 7 Avon, Colorado S T R U C T U R A L - Wildridge Private Residence 4644 North Point Lot 50, Block 3 B PZC Revisions 06.04.24 North Elevation West Elevation ATTACHMENT C - UPDATED Application Materials From:Matt Pielsticker To:jan.livergood Cc:Max Morgan; Bobby Ladd Subject:RE: 4644 north pt Date:Wednesday, June 5, 2024 10:56:06 AM Hi Jan, Thank you for your comments on the North Point applications. I have Max Morgan and Bobby Ladd copied here. Max is the Planner handling the application, and Bobby is the Applicant. The next Public Hearing before PZC is scheduled for next Monday evening at 5:30pm. In lieu of attending, your written comments will be provided in the public record moving forward. Regards, Matt From: jan.livergood <jan.livergood@gmail.com> Sent: Wednesday, June 5, 2024 9:12 AM To: Matt Pielsticker <mpielsticker@avon.org> Subject: 4644 north pt Hi Matt I need to express my concern pertaining to lot#50. Block 3. On North Pt. Wildriidge. I know ur busy but I am very upset about the proposal on said lot. I've been on this street since 1989. When I built my house there was strict bylaws to follow. What happened to those. Aren't they recorded by the county. I understand the lot has beeb split. But each lot should have some height and square footage restrictions. Having 2 homes on one lot that are 6000 sq ft is so huge and dosen't fit the landscape that has been enjoyed over the years. Please let me k ow how I can voice my concern. In the past P& Z has tried to take care of view corridors of surrounding homes. This monstrous housing is going to be too big for everyone up here. Please tell developers to cut down this drawing. More appropriate size for this community would be 3000 to 4000 sq ft. Sincerely. A very concerned citizen of wildriidge. Jan livergood 970.30.7163 Sent from my Verizon, Samsung Galaxy smartphone ATTACHMENT D - Public Comment for PZC From:Matt Pielsticker To:Colin Meiring Cc:Nina Williams; Council Everyone Group Subject:RE: 4644 lot split proposal Date:Thursday, May 16, 2024 4:39:13 PM Attachments:image001.png Colin, Thank you for your comments. The Planning and Zoning Commissioners and Town Council members are unable to meet with you because of the quasi-judicial nature of this application. All discussions will take place in the Avon Council chambers in the Public Hearing format. Your email will become part of the written record for this application moving forward. Again, thank you for the message, and see you on June 10th. Feel free to reach out to me directly at any time if you have questions. Kind regards, Matt Matt Pielsticker, AICP Community Development Director 970.748.4413 matt@avon.org From: Colin Meiring <colinmeiring@mac.com> Sent: Thursday, May 16, 2024 3:54 PM To: Matt Pielsticker <mpielsticker@avon.org>; Council Everyone Group <council@avon.org> Subject: 4644 lot split proposal Dear Matt & Council members My name is Colin Meiring I live at 4660 North Point duplex A I attended the Town planning meeting on Monday, May 13th 2024 to simply find out more about the proposed lot 50 split adjacent to my house. my house is positioned on lot 51. I went to the meeting to ask questions. I spoke, and opposed the lot split as I’m alarmed at the scale, footprint and size of the proposal as well as the observation that the the east side / ATTACHMENT D - Public Comment for PZC upper home residence has a ‘vertical appendage’ a TOWER on the third floor that looks awkward and inappropriate from every vantage point. I doubt that this element meets the height restriction. This 3rd-floor element is not integrated into the architectural character of the rest of the proposed building and it looks like an added element based on greed. My other concern is that this proposed development goes all the way up to USFS 779 road which is concerning because of all the service berry/ Sage brush clearing and instability to the soil erosion on such a steep slope as well as the fact that the USFS 779 road has a lot of summer traffic and cigarette butts that get thrown.( I pick these up on a weekly basis). These cigarettes can easily start a structure fire if the dwelling is so close to the road. Obviously my main concern is my view corridor which unfortunately will be totally blocked if these two large homes are approved for development. I know there will always be a percentage of view loss with construction & development, but this gigantic proposal seems so out of character for the Wildridge neighborhood. I’m thankful that the planning commission voted on a continuance for this decision until Monday June 10th. I will be at that meeting to once again to voice my concerns and opposition to the lot split. I would like to see this stay as a duplex lot. I’m aware that a precedence has been set with previous lot splits in Avon and especially in Wildridge, but each and every one of the lot splits in question have homes that are in scale with the lot size. They are smaller homes. The proposal attached shows two very large homes. Each home is the size of an entire duplex home. I invite anyone from the planning commission or town council to please come up and meet with me so that we can do a site walk through. I think it’s so important to see the plot perspective from where I live. This decision will be permanent and everlasting. Thank you for your time. ATTACHMENT D - Public Comment for PZC 4644-North-Point PDF Document · 7.3 MB w Colin ATTACHMENT D - Public Comment for PZC From:Nicholas Borelli To:Matt Pielsticker; Max Morgan Subject:Local Support For Lot 50 Project Date:Thursday, June 6, 2024 12:02:16 PM Dear Mr. Matt Pielsticker and Mr. Max Morgan, We are writing about the Lot 50 project on North Point Road. We are homeowners at 4725 Wildridge Road, across the street and one property over from the lot. We are friends with the buyers of one of the proposed sub-divisions. They currently have a home at 4700 Wildridge Road #A, and have been good neighbors who are an asset to Wildridge. People like the Hahns are one of the reasons we chose to live in Wildridge as opposed to a place like Arrowhead; there is a much more neighborly culture here. For example, when our oven stopped working, they didn’t think twice about telling us to come over and use theirs. They are wonderful people, and we hope that they are able to stay in the neighborhood, while having a house that fits their needs. We’ve reviewed the plans and find them to be architecturally appropriate for the neighborhood. We think that dividing the lot into two with single family homes is preferable to one large multi-family unit. Additionally, we feel the size of the structures are in line with other structures nearby. Several years ago, a nearby lot was subdivided near us in Wildridge; today the properties of 4290 Wildridge Road and 4411 Wildridge Road stand there. They have not changed the characteristic of the neighborhood. We don’t see how this project is any different. In fact, these new construction homes help give the neighborhood a higher end feel, and ultimately positively impact home values here in Wildridge. For those reasons, we are in full support of the Lot 50 project. Kind Regards, Nicholas Borelli & Ronald Warren ATTACHMENT D - Public Comment for PZC From:Jackie Breeden To:Matt Pielsticker; Max Morgan Cc:Caryl (Jeff) Hahn; Jeff (Caryl) Hahn; Jason Breeden Subject:Public Comment for Avon Planning Board Date:Friday, June 7, 2024 8:29:58 AM Members of the Avon Planning Board We are writing to you in support of the Lot 50 project in Wildridge on North Point Road. We are homeowners at 4730 Wildridge Road, East Unit, and share the south border of Lot 50 with the buyers, Jeff and Caryl Hahn. We have reviewed their plans for dividing Lot 50 and we support the proposed development of Lot 50 with two homesites. It is our strong opinion that the plans for constructing two separate homes on Lot 50 is both in keeping with the aesthetic of the neighborhood and the necessary orientation of the homes to maximize lot size for each dwelling. The associated lot sizes are consistent with homesites in the neighborhood. We also believe that dividing the lot into two single-family houses is more advantageous to the surrounding homeowners as it reduces the potential for one larger duplex structure to obstruct neighboring views. Furthermore, the plans depict two homes which are similar in size to other structures currently in the neighborhood. The buyers of Lot 50, the Hahn Family, are current neighbors of ours and have lived in Wildridge for 10 years. We know them to be responsible and respectful neighbors who love the area and want to provide for the future of their family. We recommend the Avon Planning Board approve their request and we can be reached at teambreeden@yahoo.com should need additional input to support the Hahn’s request. Respectfully, Jason and Jacqueline Breeden JB Sent from my iPad ATTACHMENT D - Public Comment for PZC 1 TO: Honorable Mayor Phillips and Council Members FROM: Chase Simmons, Financial Analyst RE: Real Estate Transfer Tax Exemption Increases DATE: July 9, 2024 SUMMARY: This report supports a second reading of Ordinance 24-11. During the first reading on June 11, 2024, Council requested greater tax exemptions. These changes are reflected in the second reading. 1.Increase Section (17) and (18) exemptions from $160,000 to $500,000. This equates to a maximum tax exemption increase from $3,200 to $10,000. 2.Increase Section (19) exemption from $240,000 to $750,000. This equates to a maximum tax exemption increase from $4,800 to $15,000. 3.Increase the maximum sales price qualifying for a Section (19) exemption from $700,000 to $1,400,000. BACKGROUND: Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14, which provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon. Then Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption for primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption was only available to a person who met the definition of an “Eagle County Employee”. This change was intended to support working full-time residents who currently owned a primary residence in Avon but desired to purchase a larger residence to reflect residential needs and preferences during various life stages. In 2019, Council adopted AMC Section 3.12.060(19) by Ordinance 19-05 establishing a third primary residence exemption in the amount of $240,000. Ordinance 19-05 also renumbered the Primary Residence Exemptions to (17), (18) and (19). The section (19) exemption requires the purchaser to commit to using the property as a primary residence for three years, as opposed to the one year primary residence requirement for Section (17) and (18) exemptions. Section (19) also caps the purchase price of the home at $700,000. Since 2018, the Town has approved 190 primary residence exemptions. However, this number is trending down on a year over year basis. [2018 = 54; 2019=46; 2020=22; 2021=33; 2022=25; 2023=10]. Only 11 of the approved exemptions elected the Section (19) exemption since it was adopted in 2019. Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County Employee and Primary Residence as follows: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for income and tax purposes. Occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's 2 discretion and provided that such extension request is included with the applicant's application for exemption. TABOR IMPLICATIONS: The Tax Payor Bill of Rights (TABOR) amended the Colorado Constitution in 1992 and prohibited any new or increased real estate transfer tax. Any increase of the primary residence exemption would become permanent and could not be repealed or diminished by Council at a later date. It is possible to draft an increased exemption for primary residences as a “temporary tax credit”; however, that would make the wording even more complicated and is not suggested. FINANCIAL CONSIDERATIONS: The RETT has generated $25.79 million since 2020. The current proposed revisions would have decreased revenue by $533,630 or 2% over this four year period while the original proposed exemptions would have decreased revenue by $308,950 or 1.2%. $81K $109K $80K $34K $166K $218K $161K $68K $189K $308K $240K $100K $0K $50K $100K $150K $200K $250K $300K $350K 2020 2021 2022 2023 Actual vs Proposed Primary RETT Exemption Actual Exemption Original Proposed Exemption Updated Proposed Exemption $2,957,996 $4,998,293 $5,976,990 $7,348,714 $5,943,400 $6,529,287 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 2018 2019 2020 2021 2022 2023 Total RETT Revenue 3 RECOMMENDED MOTION: “I move to approve Second Reading of Ordinance 24-11, to amend Chapter 3.12.060.(17), (18), and (19) of the Town’s Municipal Code to increase the Primary Residence Exemptions.” ATTACHMENT A: Ordinance No. 24-11 (redline version) ATTACHMENT B: Ordinance No. 24-11 (clean version) Thank you, Chase Ord. 24-11 June 11, 2024 Page 1 of 5 TOWN OF AVON, COLORADO ORDINANCE NO. 24-11 AMENDING CHAPTER 3.12.060 REAL PROPERTY TRANSFER TAX TO INCREASE THE PRIMARY RESIDENCE EXEMPTION WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the 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, Town Council adopted the Town of Avon Community Housing Plan on December 13, 2018, which included a policy to “formalize a fee waiver/reimbursement process” and which included an Appendix A: Avon Community Housing Plan – Work Plan that contemplated formalizing a Fee Waiver Program; and WHEREAS, the Town Council finds that amendments to the Avon Municipal Code 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 requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the Ordinance and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is hereby amended to enact a new Section 3.12.060(17) to read as follows: “3.12.060 (17) The first three hundred and twentyfive hundred thousand thousand dollars ($320,000.00500,000) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided the following conditions are met: a.The same applicant has not previously received an exemption pursuant to this subsection; b.An application for exemption is filed with the Town Manager or his or her designee, which application is accompanied by: ATTACHMENT A Ord. 24-11 June 11, 2024 Page 2 of 5 1. An affidavit that the real property is being purchased for use as a primary residence and not for investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant where the co-signor is signing for the sole purpose of facilitating the financing qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and 2. A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event the applicant shall fail to occupy and use the property as a primary residence within the timeframe established under the definition of primary residence found in Section 3.12.020 or shall cease to use the property as his or her primary residence within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record. c. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction. Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is hereby amended to enact a new Section 3.12.060(18) to read as follows: “3.12.060 (18) The three hundred and twentyfive hundred thousand dollars ($320,000.00500,000) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided that the following conditions are met: a. The applicant previously received a primary residence exemption pursuant to Section 3.12.060(17) and the applicant has satisfied the conditions of subsection (17)b.1. and 2. of Section 3.12.060; and b. An application for exemption is filed with the Town Manager or his or her designee, which application is accompanied by: 1. An affidavit that the applicant's current primary residence used to satisfy the requirements of Section 3.12.060(17) is within the Town; that the applicant meets the definition of an Eagle County employee; that the real property is being purchased for use as a new primary residence and not for investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant where the co-signor is signing for the sole purpose of facilitating the financing qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and 2. A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event that the applicant shall fail to occupy and use the property as a primary residence within the timeframe established under the definition of primary residence found in Section 3.12.020 or shall cease to use the property as his or her primary residence or shall cease to meet the definition of an Eagle County employee within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record; and c. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction. Section 4. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is Ord. 24-11 June 11, 2024 Page 3 of 5 hereby amended to enact a new Section 3.12.060(19) to read as follows: “3.12.060 (19) In the alternative to the exemption in sub-sections (17) and (18) of this Section 3.12.060, a buyer may exempt FIVE HUNDREDSEVEN HUNDRED FIFTY THOUSAND DOLLARS ($500,000.00750,000)] of the consideration paid for any sale or conveyance of residence for occupancy as a primary residence (including both the first purchase in Avon and subsequent purchases), provided the following conditions are met: a.The total consideration paid for the residence does not exceed ONE MILLION TWO FOUR HUNDRED THOUSAND DOLLARS [$1,200,000.001,400,000.00]; b.The residence is used and occupied by the buyer as primary residence for a period of three (3) years or until sold by buyer, whichever occurs first; c.The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction; d.An application for exemption is filed with the Finance Department, which application is accompanied by: 1.Verification that the total consideration paid for the residence in the conveyance does not exceed ONE MILLION TWO FOUR HUNDRED THOUSAND DOLLARS [$1,200,000.001,400,000.00]; 2.An affidavit that the real property is being purchased for use as a primary residence and not for investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant where the co-signor is signing for the sole purpose of facilitating the financing qualifications of the buyer and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); 3.A promissory note with the following minimum provisions: i.The promissory note shall be in the amount of the total exempted tax otherwise owing together with interest at the rate of one and one-half percent (1½%) per month (eighteen percent [18%] per annum, compounded annually); and, ii.The promissory note shall state that the exempted tax and accrued interest shall be due and payable in full in the event that the buyer: A. shall fail to occupy and use the property as a primary residence within the timeframe established for initial occupancy under the definition of primary residence found in Section 3.12.020; or B. shall cease to use the property as the buyer’s primary residence at any time after establishing initial occupancy until the three (3) year period after conveyance or sale of the residence, whichever is sooner. 4.A lien granted to Town securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record, and which lien shall be released if the residence has been occupied and used by the buyer in compliance with this sub -section (19) for a period of three years after conveyance or until sale of the residence, whichever is sooner; and, Ord. 24-11 June 11, 2024 Page 4 of 5 5.Verification of the amount of the real estate transfer tax actually paid by buyer, or the portion of the real estate transfer tax that buyer is responsible to pay, in the closing statement or other written document signed by buyer and seller.” Section 5. Codification 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 6. Interpretation. This Ordinance shall be interpreted and applied to comply in all respects with Article X, Section 20, of the Colorado Constitution, in its application to any person or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax policy change that would require voter approval. Section 7. Non-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 or held to be in conflict with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate this Ordinance in its entirety. 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 9. 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 10. 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 11. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord. 24-11 June 11, 2024 Page 5 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 9, 2024 and setting such public hearing for June 11, 2024 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING on July 9, 2024. BY: ATTEST: ____________________________ ____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Ord. 24-11 June 11, 2024 Page 1 of 5 TOWN OF AVON, COLORADO ORDINANCE NO. 24-11 AMENDING CHAPTER 3.12.060 REAL PROPERTY TRANSFER TAX TO INCREASE THE PRIMARY RESIDENCE EXEMPTION WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the 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, Town Council adopted the Town of Avon Community Housing Plan on December 13, 2018, which included a policy to “formalize a fee waiver/reimbursement process” and which included an Appendix A: Avon Community Housing Plan – Work Plan that contemplated formalizing a Fee Waiver Program; and WHEREAS, the Town Council finds that amendments to the Avon Municipal Code 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 requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the Ordinance and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is hereby amended to enact a new Section 3.12.060(17) to read as follows: “3.12.060 (17) The first five hundred thousand thousand dollars ($500,000) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided the following conditions are met: a.The same applicant has not previously received an exemption pursuant to this subsection; b.An application for exemption is filed with the Town Manager or his or her designee, which application is accompanied by: ATTACHMENT B Ord. 24-11 June 11, 2024 Page 2 of 5 1.An affidavit that the real property is being purchased for use as a primary residence and not for investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant where the co-signor is signing for the sole purpose of facilitating the financing qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and 2.A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event the applicant shall fail to occupy and use the property as a primary residence within the timeframe established under the definition of primary residence found in Section 3.12.020 or shall cease to use the property as his or her primary residence within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record. c.The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction. Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is hereby amended to enact a new Section 3.12.060(18) to read as follows: “3.12.060 (18) The five hundred thousand dollars ($500,000) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided that the following conditions are met: a.The applicant previously received a primary residence exemption pursuant to Section 3.12.060(17) and the applicant has satisfied the conditions of subsection (17)b.1. and 2. of Section 3.12.060; and b.An application for exemption is filed with the Town Manager or his or her designee, which application is accompanied by: 1.An affidavit that the applicant's current primary residence used to satisfy the requirements of Section 3.12.060(17) is within the Town; that the applicant meets the definition of an Eagle County employee; that the real property is being purchased for use as a new primary residence and not for investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant where the co-signor is signing for the sole purpose of facilitating the financing qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and 2.A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event that the applicant shall fail to occupy and use the property as a primary residence within the timeframe established under the definition of primary residence found in Section 3.12.020 or shall cease to use the property as his or her primary residence or shall cease to meet the definition of an Eagle County employee within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record; and c.The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction. Section 4. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is Ord. 24-11 June 11, 2024 Page 3 of 5 hereby amended to enact a new Section 3.12.060(19) to read as follows: “3.12.060 (19) In the alternative to the exemption in sub-sections (17) and (18) of this Section 3.12.060, a buyer may exempt SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000)] of the consideration paid for any sale or conveyance of residence for occupancy as a primary residence (including both the first purchase in Avon and subsequent purchases), provided the following conditions are met: a.The total consideration paid for the residence does not exceed ONE MILLION FOUR HUNDRED THOUSAND DOLLARS [$1,400,000.00]; b.The residence is used and occupied by the buyer as primary residence for a period of three (3) years or until sold by buyer, whichever occurs first; c.The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction; d.An application for exemption is filed with the Finance Department, which application is accompanied by: 1.Verification that the total consideration paid for the residence in the conveyance does not exceed ONE MILLION FOUR HUNDRED THOUSAND DOLLARS [$1,400,000.00]; 2.An affidavit that the real property is being purchased for use as a primary residence and not for investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant where the co-signor is signing for the sole purpose of facilitating the financing qualifications of the buyer and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); 3.A promissory note with the following minimum provisions: i.The promissory note shall be in the amount of the total exempted tax otherwise owing together with interest at the rate of one and one-half percent (1½%) per month (eighteen percent [18%] per annum, compounded annually); and, ii.The promissory note shall state that the exempted tax and accrued interest shall be due and payable in full in the event that the buyer: A. shall fail to occupy and use the property as a primary residence within the timeframe established for initial occupancy under the definition of primary residence found in Section 3.12.020; or B. shall cease to use the property as the buyer’s primary residence at any time after establishing initial occupancy until the three (3) year period after conveyance or sale of the residence, whichever is sooner. 4.A lien granted to Town securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record, and which lien shall be released if the residence has been occupied and used by the buyer in compliance with this sub -section (19) for a period of three years after conveyance or until sale of the residence, whichever is sooner; and, Ord. 24-11 June 11, 2024 Page 4 of 5 5.Verification of the amount of the real estate transfer tax actually paid by buyer, or the portion of the real estate transfer tax that buyer is responsible to pay, in the closing statement or other written document signed by buyer and seller.” Section 5. Codification 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 6. Interpretation. This Ordinance shall be interpreted and applied to comply in all respects with Article X, Section 20, of the Colorado Constitution, in its application to any person or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax policy change that would require voter approval. Section 7. Non-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 or held to be in conflict with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate this Ordinance in its entirety. 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 9. 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 10. 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 tre ated 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 11. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord. 24-11 June 11, 2024 Page 5 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 9, 2024 and setting such public hearing for June 11, 2024 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING on July 9, 2024. BY: ATTEST: ____________________________ ____________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Housing Needs Assessment and Regional Housing Action Plan Update July 9, 2024 Page 1 of 3 TO: Honorable Mayor Amy Phillips and Council members FROM: Patti Liermann, Housing Long Range Planner RE: Housing Needs Assessment Update DATE: July 9, 2024 SUMMARY: This report provides Avon Town Council (“Council”) with an update on the progress of the ongoing Housing Needs Assessment and Regional Housing Action Plan. BACKGROUND: The Town of Avon (“Town:”) was the recipient of a Department of Local Affairs (“DOLA”) grant to complete a Housing Needs Assessment and Regional Housing Action Plan for the Eagle River Valley. DOLA serves as the primary interface between the State of Colorado (“State”) and local communities. They provide financial support for local communities and professional and technical services to community leaders in the areas of governance, housing, and property tax administration. To guide decision making around the Regional Housing Action Plan, each jurisdiction in the Eagle River Valley was invited to appoint a delegate to participate in bi-weekly meetings to discuss the Housing Needs Assessment and Regional Housing Action Plan. The collective delegates are referred to as The Housing Partners. The Town of Avon is leading the project effort with continued guidance from the Housing Partners. A Request for Proposal received 7 bids in response. Economic Planning Systems (“EPS”) was hired to complete the year-long project. Funding Breakdown and Housing Partner financial contributions Town of Avon / DOLA Grant $200,000 Eagle County Government $ 25,000 Town of Vail $ 25,000 Eagle Valley Transportation Authority $ 10,000 Project Details The Housing Needs Assessment and Regional Housing Action Plan is broken down into multiple subprojects taking place over the course of a year: 1. Outreach (Phase 1: Community Survey, Phase 2: Focus Groups, Direct Interviews) 2. Housing Needs Assessment (Phase 1: Data Collection, Phase 2: Regional Housing Strategy) 3. Regional Housing Action Plan Report 1. Outreach 1. Phase 1 Community Survey March 2024-May 2024: A Household and Employer Survey began in late March and ended mid-May. The comprehensive survey asked residents of the Eagle River Valley about their experiences with finding and obtaining housing, their housing preferences related to attributes and location, household composition, employment, transit service, employer hiring and retention rates. Habitat for Humanity (“HFH”) completed direct outreach into the Hispanic communities.  Household Survey Collection rates: • 8000 surveys mailed / unlimited open link surveys via social media/email Housing Needs Assessment and Regional Housing Action Plan Update July 9, 2024 Page 2 of 3 o 1061 responses via mail / 1004 responses via open link o 264 responses completed in Spanish language o Total of 14.9% participation rate  Employer Survey Collection rates: • 169 surveys completed via mail and open link 2. Phase 2 Focus Groups and Direct Interviews June 2024-September 2024: The individuals for this group are being assembled. EPS would like to hear from private landlords, management companies, large employers, and employers who offer housing for their employees. These are listening sessions to learn about how individuals and employers are handling rental units under changing market conditions. 2. Housing Needs Assessment 1. Phase 1 Data Collection and Demand Analysis May 2024 – October 2024: The data collected will build off the 2018 Housing Demand Analysis for Eagle River Valley completed by the Eagle County Housing & Development Authority/Williford, LLC and other regionally specific housing studies and assessments to continue adding to the region’s body of housing work. The demand analysis will review economic and demographic trends, seasonal housing demand, commuter housing demand, housing demand drivers, housing supply and inventory, recent and planned developments, short term rentals, housing needs and gaps, segmentation of need, and development targets. 2. Phase 2 Housing Strategy August 2024 – December 2024: Using the analysis and housing goals of Phase 1, the Housing Partners will develop a Regional Housing Strategy. This will include evaluating current policies and regulations, identifying applicable tools or best practices, evaluating land use code, evaluating sites for housing, identifying funding sources, policies, and strategies, and creating a Regional Housing Action Plan. 3. Regional Housing Action Plan Report January 2025: This report will be provided by EPS to the Housing Partners. The Housing Partners will work with their jurisdictions to schedule presentations of the final report which will consist of the Housing Needs Assessment and Regional Housing Strategy. The final report will include an executive summary highlighting key findings and recommendations and will be usable and accessible to multiple audiences including staff, elected officials, and the general public. Key data in the report will be used for future housing grant applications and to drive future housing policy in each jurisdiction. Other Updates The Sustainable Affordable Housing Assistance Bill (SB24-174) passed. This bill will require a statewide housing needs assessment effective in 2027 and every 6 years thereafter. The bill further requires each local government to complete a housing needs assessment and action plan to DOLA beginning in 2026. The bill allows for regional assessments and studies while the action plan can be specific to each jurisdiction. The Eagle River Valley has been proactively participating in regional assessments and studies to guide housing policy so staff is supportive of this bill passing and does not anticipate issues with achieving compliance with the new requirements. Thank you, Patti Housing Needs Assessment and Regional Housing Action Plan Update July 9, 2024 Page 3 of 3 Project Schedule Pro j e c t Sc h e d u l e Pro j e c t Man a g e m e n t Re s i d e n t and Em p l o y e r Su r v e y Fo c u s G r o u p s & O t h e r C o m m u n i t y O u t r e a c h Ph a s e I : H o u s i n g N e e d s A s s e s s m e n t Pha s e I I : R e g i o n a l H o u s i n g S t r a t e g y Re p o r t a n d P r e s e n t a t i o n Fe b r u a r y Mar c h Ap r i l May Ju n e Ju l y Aug u s t Se p t e m b e r Oct o b e r Nov e m b e r Dec e m b e r Ja n u a r y '2 5 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4 WK 1-2 WK 3-4     TO: Honorable Mayor Amy Phillips and Avon Town Council FROM: Patti Liermann, Housing Long Range Planner RE: Slopeside Parcel Request for Qualifications DATE: July 9, 2024 SUMMARY: This report presents a draft Request for Qualification process for the development of the Slopeside Parcel adjacent to the westbound offramp of I-70 at Avon Road. Development of Community Housing on this property was identified in Community Housing goals for 2024. Council previously approved an amendment to the Avon Comprehensive Plan to recognize Community Housing as a preferred use and took action to rezone the Slopeside Parcel to Community Housing High Density 1 zone district. BACKGROUND: Staff recommended a Request for Qualifications be used to solicit private developers to construct an apartment project to the Town’s specifications. At the May 14, 2024 Council provided direction to Staff at its May 14, 2024 meeting to prepare a draft Request for Qualifications for Council review. This draft will provide a general vision and goal for the housing development, minimum architecture goals and requirements, a description or range of desired unit type, and the desired Area Median Income (“AMI”). Staff recommends using a Request for Qualifications (“RFQ”) to narrow the field of qualified developers before issuing the more detailed Request for Proposal. This method allows Staff to first determine 2-3 developers based on their qualifications and experience, then invite them to submit a detailed proposal including bid. The State Land Board and Town of Vail have recently used a similar process to solicit a development partners. The RFQ specifies the Town’s goals for seeking a developer with experience in building in mountain resort communities, funding mechanisms, ability to attract funding partners, and design and architectural elements that accompany a high profile location while meeting AMI rental limits. Council may desire to appoint two Council members to participate on the process to review respondents to the Request for Qualifications, participate in interviews, and participate in the next step of soliciting specific proposals for development on Community Housing on Slopeside. REQUESTED DIRECTION: Council direction is requested on whether to proceed forward with the Request for Qualifications to seek developer partners for Benchmark at Beaver Creek Tract Y, Slopeside. Council direction is also requested on whether to appoint two Council members to participate in review of respondents to the Request for Qualification. Thank you, Patti ATTACHMENT A: DRAFT Request for Qualifications Slopeside: Request for Qualifications 7.2.24 DRAFT Page 1 of 7 DRAFT Request for Qualifications (RFQ) For: The Development of Community Housing on Benchmark at Beaver Creek Tract Y “Slopeside” Parcel in the Town of Avon, Colorado Issue Date: July 10, 2024 Issued by: Avon Housing Authority Town of Avon 100 Mikaela Way Avon, CO 81620 Slopeside: Request for Qualifications 7.2.24 DRAFT Page 2 of 7 INTRODUCTION: The Town of Avon (“Avon”) requests statements of qualifications from affordable housing developers (“Developer”) experienced in delivering housing solutions in resort communities. Avon owns a 3.5 acre parcel of land adjacent to the westbound off-ramp of I-70 at the Avon Road interchange referred to as the “Slopeside Parcel”. Avon Council recently amended the Avon Comprehensive Plan to identify this parcel as appropriate for development of Community Housing, and then recently took action to rezone this parcel to Community Housing High Density 1. The goal of this solicitation is to identify Developers with the experience and capabilities necessary to design, entitle, and deliver in a timely manner, a financially viable, deed-restricted, rental residential development in the Town of Avon, Colorado. The new residential rental units are intended to be made available to persons earning 80%-120% of the Eagle County Area Median Income (“AMI”), based on published figures by Colorado Housing and Finance Authority’s (“CHFA”) for a four-person household. Avon encourages Developers with experience developing income restricted rental housing to submit their qualifications. Submittals will be accepted until midnight of Monday, August 5, 2024. Prior experience with similar or related projects will be an important consideration in selecting a Developer for this work. A short-list of pre-qualified Developers will be identified based on the submittals received in response to this RFQ. This group of selected qualified Developers will be invited to respond to a request for proposal (“RFP”) which is expected to include initial design concepts and project budgets. Avon is flexible with product type (apartments, studios, dormitory style, townhomes) and mix of product type and will look to recommendations from Developers for appropriate product type for this site and location. Avon’s policies include all electric, energy efficient construction and an elevated level of mountain contemporary architectural design for the most prominent entry to the Town of Avon. Figure 1. Location Map Figure 2. Vicinity Map Slopeside: Request for Qualifications 7.2.24 DRAFT Page 3 of 7 LOCATION: The Slopeside Parcel is in close proximity to the Town Core and public transit and may be a unique location for reduced parking with on-site car and bike share amenities. The free in-town transit service has an existing bus stop at the eastern edge of the property. The in-town bus services the main transit center in the Town Core, Nottingham Park, Recreation Center and Library, Wal-Mart, grocery store, and the base of Beaver Creek Resort, a major employment center and majority employer of seasonal workers. All public utilities are located in Swift Gulch Road which runs adjacent to the Slopeside Parcel. The Slopeside Parcel is ideally suited for a deed-restricted, affordable rental housing project. It is located along the north side of I-70 westbound offramp in Avon, between major employment centers in Vail, Beaver Creek, Avon, and Edwards. It is 0.4 miles to the public transit center in Avon and immediately adjacent to a regional recreation path. Residents of this project would have access to multiple modes of transportation to the job centers of Avon, Beaver Creek and Vail. Slopeside: Request for Qualifications 7.2.24 DRAFT Page 4 of 7 Figure 2. Existing Site Conditions The property is currently encumbered by a recreation path and irrigation ditch, both of which will need to be relocated. DEVELOPMENT OBJECTIVES: Avon identified several objectives for the development and use of the Slopeside Parcel, including: ● Identify an experienced Developer that has built housing in a Colorado mountain resort community like the Town of Avon. ● Optimize the total number of residential units on the Property while achieving low cost per square foot for construction. ● Deliver rental Community Housing serving household incomes at 80%-120% AMI. ● Seek potential grant funding to support the project. ● Develop a quality residential rental project that is cost efficient for maintenance, operation, replacement and rehabilitation over the long-term. ● Incorporate high quality contemporary mountain architecture that establishes an attractive entrance to Avon and creates a benchmark for preferred architecture in Avon. ● Support Climate Action goals with all-electric and efficient building design. Slopeside: Request for Qualifications 7.2.24 DRAFT Page 5 of 7 AVON FINANCIAL SUPPORT: Avon provides tax and fee waiver for Community Housing projects, including a waiver of sales tax on construction materials and waiver of building permit and design review fees. Avon anticipates that it would issue Certificate of Participation municipal bonds through the Avon Housing Authority. Avon anticipates that it would enter into a land lease with the Developer for the term of the municipal bonds. SUBMITTAL REQUIREMENTS: Throughout the submission, the emphasis should be placed on the expertise of the Developer and their team, relevant experience, and capacity to move forward if ultimately selected as the Developer in the RFP process. All submittals must include the following items: A. Cover Letter: Present in brief and concise terms a summary level description of the team’s qualifications. Briefly describe why the Developer is interested in this project. Provide the name(s) of the person(s) who will be authorized to make representations for the team, their title(s) and contact information, both phone and email. B. Firm Organization: Provide a clear and descriptive organizational outline or chart, identifying those members of the development team who will be involved in the project. All participants need to be identified along with their title, and project roles and responsibilities. The primary project contact for the Developer should be specifically identified. C. Joint Venture: If the applicant is a joint venture, describe clearly the responsibilities between the participating firms, who will provide overall management, and the office locations for the primary participants. D. Previous Experience: Provide three (3) examples of similar projects working with affordable housing of similar size, scope, and complexity, including the following: ○ Description of the project (location, number of units, AMI target) and services provided. ○ Sources of funding and development budget. ○ Description of stakeholders involved and how the developer worked with them. ○ Description of the type of residents that were served by the project. ○ Building energy efficiency data. ○ Timeline of the project from beginning to end. How long did it take? What were the reasons for delays, if any? ○ Reasons why the firm took the project and some of the major lessons learned. E. Affordable Housing Projects: Describe your relevant experience with affordable housing agencies and programs, including, but not limited to the following: ○ The Colorado Housing Finance Authority (CHFA) ○ The Department of Housing and Urban Development Slopeside: Request for Qualifications 7.2.24 DRAFT Page 6 of 7 ○ The Colorado Department of Housing ○ LIHTC programs (both 4% and 9%) ○ The National Housing Trust Fund ○ Private Activity Bonds ○ The Department of Local Affairs (DOLA) ○ Partnerships with land owners (long-term ground lease) ○ Asset and property management of affordable housing projects. F. Qualifications of Key Personnel: Provide a one-page resume for each individual listed on the organizational chart. List the individual’s firm and position therein, project responsibility, education, license or registration (where applicable), affiliations, publications, awards, and relevant experience. G. Development Timeline: Provide a preliminary development timeline including a breakdown of the proposed time frames the Developer anticipates will be required for each of the significant portions of the project, including, but not limited to, the following project design stages: ○ Negotiation and execution of Pre-Development and Development Agreement ○ Project Pre-development phase ○ Securing Funding for the Project. If the proposal were to include LIHTC, describe deadlines for securing tax credits. ○ Design and Entitlements. The project will require approval and permitting by the Town of Avon. ○ Construction H. Accessibility: Per the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for this solicitation may call 303.866.3454. REVIEW AND SELECTION: A. Review Criteria: Developer qualifications will be evaluated under criteria which include, but are not limited to, relevant and similar experience developing affordable housing in Colorado mountain communities, financial capability, capacity and ability to put together project funding that will allow for timely completion, experience with affordable housing finance, proven experience to deliver projects on time and budget, ability to collaborate, experience with successful community outreach, experience working with all the relevant agencies necessary, and creative site planning solutions applied in previous projects. Members of the Town of Avon’s Community Development Team will assess the degree to which each qualification package meets the requirements and responds to the preferences stated herein. Slopeside: Request for Qualifications 7.2.24 DRAFT Page 7 of 7 B. Evaluation Process: Qualifications will be ranked and scored based on the information contained in the submittal. C. Short-List: The Town of Avon expects to identify two to three Developers that will be asked to prepare and submit a complete development services proposal. In person interviews will be conducted with all shortlisted Developers and one selected Developer will be invited to enter into contract negotiations to formalize the scope and scale of the project. D. Deadline: Prior to the submittal deadline, the Town will answer written questions from potential respondents. All questions, and the Town’s answers thereto, will be available to all respondents on the Town’s website. The deadline for inquiries regarding all aspects of the RFQ is midnight Mountain Standard Time on Monday, July 29, 2024 and must be submitted electronically to pliermann@avon.org. Please direct all inquiries concerning the Request for Qualifications to Patti Liermann, Housing Planner, at pliermann@avon.org. E. Schedule: Avon hopes to select a small group of respondents for interviews and invite the submission of a request for proposal in August, conduct a Request for Proposal process with a small number of developers who are invited to submit proposals in September and October, and then select a developer and negotiate a development services agreement in late 2024 and early 2025. [END OF DOCUMENT] 303.376.8512 nina@wwfdlaw.com 303.376.8515 betsy@wwfdlaw.com TO: Honorable Mayor Amy Philips and Council members FROM: Town Attorney’s Office – Nina Williams and Betsy Stewart RE: Ordinance 24-08 Removal of Council Members DATE: June 28, 2024 SUMMARY: At the May 28, 2024 regular Avon Town Council Meeting the Town Attorney’s office conducted a Work Session regarding Council Rules of Procedures and Group Expectations. One of the topics that was addressed relates to the possibility of adopting an Ordinance regarding removal of Council Members. This type of Ordinance allows the Town to be prepared with a codified procedure in the unlikely event the need for such action arises. Council provided direction to the Town Attorney’s office to prepare a draft ordinance for Council consideration at tonight’s meeting which you will find enclosed in Attachment A. OPTIONS: • Approve First Reading as drafted, and set Public Hearing for July 23, 2024 (or another date) • Approve First Reading, with amendments, and set Public Hearing for July 23, 2024 (or another date) • Continue First Reading to a future meeting • Take no Action PROPOSED MOTION: “I move to approve the first reading of Ordinance 24-08 Enacting Chapter 2.05 of The Avon Municipal Code Regarding Removal of Council Members” Sincerely, _______________________ Nina P. Williams Town Attorney _______________________ Betsy L. Stewart Assistant Town Attorney ATTACHMENT A: Ordinance 24-08 Removal of Council Members Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members ORDINANCE NO. 24-08 ENACTING CHAPTER 2.05 OF THE AVON MUNICIPAL CODE REGARDING REMOVAL OF COUNCIL MEMBERS 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, C.R.S. §31-4-307 establishes that officers of a statutory town may be removed by a majority vote of all members of the Board of Trustees for any reason after a written charge has been filed with the Board of Trustees and an opportunity to be heard has been provided to the officer to be removed; and WHEREAS, certain provisions of the Town’s Home Rule Charter (the “Charter”) or the Town’s Municipal Code (the “Code”) indicate that a Council member may be disqualified from office, but not all such provisions clearly articulate the process by which such Council members may removed from office; and WHEREAS, the neither the Charter nor the Code address the removal of Council members; and WHEREAS, pursuant to Section 4.9 of the Charter, members of Council are entrusted with the responsibility to carry out all the governing functions of the Town on behalf of the Avon community; and WHEREAS, Town Council members should be held to certain standards while holding office, including consistent attendance of meetings, abstaining from committing crimes of moral turpitude, and performance of the duties assigned to Town Council members; 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 24-08 - Enactment of Chapter 2.05 – Removal of Council Members Section 2. Addition of Chapter 2.05 to Title 2 of the Avon Municipal Code. Chapter 2.05, “Removal of Council Members” is added to Title 2, “Administration and Personnel,” of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 2.05 to Title 2 of the Avon Municipal Code, attached hereto. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members 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 July 9, 2024 and setting such public hearing for July 23, 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 July 23, 2024. BY: ATTEST: ____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members EXHIBIT A ADDITION OF CHAPTER 2.05 TO TITLE 2 OF THE AVON MUNICIPAL CODE CHAPTER 2.05 - REMOVAL OF COUNCIL MEMBERS Section 2.05.010 Definitions. Section 2.05.020 Cause for Removal. Section 2.05.030 Procedures. Section 2.05.040 Removal. Section 2.05.050 Vacancy. 2.05.010 Definitions. (a) “Conviction” shall mean: (1) A guilty verdict; (2) A plea of guilty accepted by the court or the entry of a guilty plea; (3) A plea of nolo contendere (no contest) accepted by the court; or (4) The imposition of a deferred sentence accepted by the court. (b) “Crimes of moral turpitude” include the following felony, misdemeanors or municipal offenses: (1) Any of the offenses against the person set forth in 18-3-101, et. seq. C.R.S.; (2) Any of the offenses against property set forth in 18-4-101, et. seq. C.R.S. (3) Any of the offenses involving fraud set forth in 18-5-101, et. seq. C.R.S.; (4) Any of the offenses involving the family relations set forth in 18-6-401, et. seq. C.R.S.; (5) Any of the offenses constituting wrongs to at-risk adults set forth in 18-6.5-101, et. seq. C.R.S.; (6) Any of the offenses relating to morals set forth in 18-7-101, et. seq. C.R.S.; or (7) Any conspiracy, solicitation, or criminal attempt to commit any of the above offenses, or participation as an accessory to any of the above offenses. 2.05.20 Cause for removal. (a) The following enumerated matters shall be the reasons for removal of a Council member from the Council: (1) Four (4) consecutive absences or six (6) total absences from Council meetings or work sessions held within a calendar year (January 1 through December 31); (2) Willful or habitual neglect or refusal to perform the duties of his or her office; (3) Attending Town Council meetings in an intoxicated state; (4) A conviction of a crime of moral turpitude; or (5) Forfeiture of, or disqualification from, office pursuant to Chapters 2.30, 2.32, or 2.34. Ord 24-08 - Enactment of Chapter 2.05 – Removal of Council Members 2.05.30 Procedure. (a) A charge for removal shall be brought against a Council member by at least four Council members; (b) The charged Council member shall be provided written notice of the charge(s) and the date, time, and place of the hearing on said charge(s), with at least ten (10) days prior notice of the hearing, which shall be publicly held before Council; (c) Council shall appoint special counsel to conduct the hearing and present evidence on its behalf; (d) The hearing shall be conducted in a quasi-judicial forum. The allegations shall be presented on behalf of the Town of Avon by and through special counsel selected by the Town of Avon through its Town Council; and (e) At the hearing, which shall be open to the public, the parties shall have the right to: (1) Present testimony; (2) Produce evidence; (3) Cross-examine witnesses; and (4) Be represented by legal counsel. 2.05.040 Removal. (a) Council shall have the power to remove its members from office for cause upon a vote of not less than five (5) members of Council. (b) A Council member who is the subject of the removal charge(s) shall not vote on the question of removal. (c) A Council member who is not removed by Council after conducting a hearing shall not be subject to removal in a future hearing in the same calendar year based on identical charges arising out of the same incident that forms the basis of the charge from which they were not removed. (d) An individual removed from their seat on Council shall be precluded from serving on Council in the future. 2.05.050 Vacancy. (a) A vacancy created on Council due to removal of a Council member shall be filled as provided by Town Charter. (b) A Council member may not be removed a second time for the same offense. AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 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 June 11, 2024, Council regular meeting to order at 5:07 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. Absent was Councilor RJ Andrade. 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, Chief Financial Officer Paul Redmond, Financial Analyst Chase Simmons, Community Development Director Matt Pielsticker, Planning Manager Jena Skinner, Sustainability Coordinator Sarah Smith Hymes and Avon Police Sergeant John Mackey. 2. APPROVAL OF AGENDA Video Start Time: 00:07:01 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tem Underwood requested that Business Item 6.2. be removed from the consent agenda because she is helping prepare a performance review for the Town Manager, and the approval of an amendment to the Town Manager Employment Agreement under Business item 6.2. should only be signed after the performance evaluation process is completed. She also asked Staff that Business Item 6.2. be added to the Consent Agenda for the Regular Council Meeting scheduled for July 9th, 2024. Councilor Stanley motioned to approve the Agenda, as amended by Mayor Pro Tem Underwood. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:08:37 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:08:50 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 Mr. Charlie Sherwood, resident of Avon, took the podium in person and stated that he had been a resident of Avon for 15 years. He added there is a new speeding sign installed on the street of his residence at Wildridge and indicated he considers the sign obnoxious for his home’s view. He stated he finds it unnecessary and ugly and nobody at any time alerted him prior that the sign would be installed. He mentioned he noticed the footprint for it was laid a year ago, but he did not receive a notification from the Town prior to its installation and would have appreciated notice to give feedback. No other public comment was made in person nor virtually. AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5. BUSINESS ITEMS 5.1. Presentation: Castle Peak Senior Life And Rehab Update (Castle Peak Executive Director And Administrator, Shelly Cornish) Video Start Time: 00:11:40 Castle Peak Executive Director And Administrator Shelly Cornish delivered a presentation to Council related to an update on the status of the Castle Peak Senior Life and Rehab facility. She was thanked by Council for the services they provide to the community. Councilor Carroll inquired on Eagle County’s financial support to Castle Peak Senior Life and was advised they were granted a donation of $750,000 for 2023 and $850,00 for 2024 from the County. Mayor Pro Tem Underwood mentioned a senior family member of hers that resides at Castle Peak, and offered her appreciation and recognition that they accept Medicaid as form of payment. She asked for ways in which the Town of Avon can contribute to the Castle Peak Senior Life and Rehab Center. 5.2. Resolution 24-18: Adopting the Eagle River Community Water Plan (Sustainability Coordinator Sarah Smith Hymes and Eagle River Coalition Executive Director James Dilzell) Video Start Time: 00:27:07 Sustainability Coordinator Sarah Smith Hymes and Eagle River Coalition Executive Director James Dilzell took the podium to deliver a presentation related to the adoption of Resolution 24-18 which seeks to adopt the Eagle River Community Water Plan. Mayor Pro Tem Underwood asked Ms. Smith Hymes what goals could be added to the Sustainability Department for 2025 with this Resolution and was advised that Staff would work on a draft list of goals to be presented to Council in October of 2024 for 2025 Goals. Councilor Hardy asked Mr. Dilzell to speak of transcontinental water diversion that is affecting the Eagle River. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Mayor Pro Tem Underwood motioned to approve Resolution 24-18. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.3. PUBLIC HEARING: First Reading Ordinance 24-09: REZ24001; Rezoning of the East Avon Preserve to Community Housing (Planning Manager Jena Skinner) Video Start Time: 00:55:30 Mayor Phillips stated for the record that there was a site tour of the East Avon Preserve earlier that day, and Staff made a recording of all Council discussion from the walk through. Planning Manager Jena Skinner took the podium and delivered a presentation related to the first reading of Ordinance 24-09. Council reviewed the zoning map proposed and discussed density allowances for specific zonings. They also reviewed the eligibility criteria to be used in the analysis of this rezoning application and had ample discussions on the potential development areas in the East Avon Preserve, to include a memorial garden. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Consensus from Council reflected their hope that a higher density be preferred for this space, rather than the medium density presented. It also included a list of additional information needed to move forward, including future use of a memorial garden location, water tank costs for medium vs high density projects, hydrology needs for the neighborhood, the position from the County on acreage and density, and Council asked Staff to produce these answers to reconsider this Ordinance in a future reading. Councilor Hardy was supportive of preferring medium density over high density so that the Town’s offerings are more diversified, but stated she would keep an open mind on how this AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 location’s use can be maximized. Town Manager Heil observed that there were a lot of questions for additional specific information. He stated that the feedback gave guidance on what Staff should focus on to present this before Council in the future. He added that he can envision 10 homes per acre but perhaps not 25 due to increase in construction costs it would entail and noted that preferring high-density zoning might give future Councils greater flexibility. He suggested this Ordinance be tabled to a future date to answer the long list of questions, obtain background information on Title, and approach the County in adjusting total surface of the East Avon Preserve. Mr. Heil then recapped the new potential zoning options for Council and asked Council to allow him to retract the application and amend it with the direction received today. After ample deliberations, Councilor Thuon motioned to withdraw the application included in the first reading of Ordinance 24-09. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 6-0 vote of those present. Councilor Thuon also made a motion to direct staff to resubmit an updated application later with the supplemental information discussed during the meeting, with the map shown, community housing high density 1, the public facilities remaining as existing, and including the park zone district. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.4. Work Session: Use Tax Voter Polling questions (Chief Financial Officer Paul Redmond) Video Start Time: 02:11:55 Chief Financial Officer Paul Redmond led the work session related to the Construction Use Tax’s polling questions. He highlighted that there would be a $50,000 annual allowance exempted for smaller projects, and all revenues from the Tax would be reserved for Community Housing. Councilor Carroll asked that Staff highlight that there is an option for deferred payment of single family and duplex homes until certificate of occupancy is obtained. Councilor Carroll suggested removing Question T-5 from the questionnaire, for various reasons, and reiterate the information as needed in T-12. Council deliberated on this proposal and was divided but voted to keep T-5 with a 4-2 vote, with Councilors Thuon and Carroll voting against keeping T-5. Councilor Hardy highlighted the importance of educating voters on the importance of this use tax, as well as educating builders with the option for deferred payment for single family and duplex homes until certificate of occupancy is obtained. Mayor Pro Tem Underwood highlighted that the use tax alleviates some aspects of monitoring sales tax on construction materials, but TABOR regulations limit the ability to explain this to the public, so the public can understand it won’t cause a big tax increase for most citizens. 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. 5.5. PUBLIC HEARING: Second Reading Ordinance 24-10 Elections Code Update (Town Clerk Miguel Jauregui Casanueva) Video Start Time: 02:36:25 Town Clerk Miguel Jauregui delivered a presentation related to the second reading of Ordinance 24-10. Mayor Pro Tem Underwood thanked staff for the nuanced approach taken for the passing of this Ordinance. 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 AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 of Ordinance 24-10. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.6. First Reading Ordinance 24-11: Amendments to Town Code on Primary Residence RETT Exemptions (Financial Analyst Chase Simmons) Video Start Time: 02:39:01 Financial Analyst Chase Simmons delivered a presentation related to the first reading of Ordinance 24- 11. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Councilor Carroll noted this exemption is being used less and less and he suggested the exemption should be revisited every 2 years and added he feels the numbers are too low and should be higher, further proposing that after a financial analysis from the Finance Department: under Section 1. amount should be raised from $160,000 to $500,000; under Section 2. $240,000 raised to $750,000; and under Section 3. raised to $1,800,000 which he remembers is the median price of a home in Eagle County. He received support from Councilors Thuon, Stanley, and Hardy, with Councilor Hardy asking that he lower Section 3. to $1,400,000. After deliberations, Councilor Thuon motioned to approve the first reading of Ordinance 24-11, with the inclusion of the amendment suggested by Councilor Carroll, as adjusted by Councilor Hardy, and the request that an analysis of the impact of the revised numbers be provided during Second Reading. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 5.7. Work Session: Sun Rd / East Avon Redevelopment Plans (Community Development Director Matt Pielsticker) Video Start Time: 02:48:59 Community Development Director Matt Pielsticker led the work session related to the Sun Rd / East Avon Redevelopment Plans. Consensus from Council indicated that Staff should add Avon Station (Burger King and Simply Massage parcels) to the Main Street Plaza’s concept, noting it will increase costs from the service provider helping on those plans. 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: Old Town Hall Site Update (Town Manager Eric Heil) Video Start Time: 03:08:05 Town Manager Eric Heil led the work session related to an update of the Old Town Hall Site. He updated Council on the loss of funding for the skate plaza, and the intention to continue with the construction of the bathrooms for the park under Option 1. He added the plan from the Town is to find DOLA and GOCO grants that could help fund the skate plaza project, but he anticipates it would add a year’s delay to construct the skate plaza in 2026 or 2027, depending on grants. Of the 3 options presented, Councilor Hardy stated that she favors Option 3. Councilor Stanley favored Option 1 and suggested getting an estimate to grade and seed before pursuing more grants. Councilor Underwood favored Option 1 and stated that the project brought many diversity and inclusion benefits that are being lost so she requested the Town should diligently pursue grant funding that has the same diversity and inclusion benefits. Councilor Carroll noted the cost of filling the hole at that sight is very great. Councilor Thuon stated the dream should be kept alive for the skate plaza, but the onus should be on them to find funding. He added that filling it in and seeding it is too costly and the Town should take time to analyze AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 the future of the site. Town Manager Eric Heil stated that irrigation and sodding should not be overly costly. He added that irrigation for grass is ok in a public park used for recreation, and the worry is different than that of sodding a large home which few use. He recommended sodding the skate plaza surface to embellish it for public use. Mayor Pro Tem Underwood stood against the proposal to fill the space with grass. Mayor Phillips asked if the Town could use zero scaping in lieu of sod and was advised it would increase cost. Town Manager Heil noted there is consensus on the bathroom but not on the backfill of the skate plaza. Mayor Phillips stated she favors Option 1 because it represents the most consensus among Council and directed Staff to pursue Option 1. Due to lack of consensus on other uses for the Old Town Hall Site, there was no specific direction for staff to continue pursuing grants for the Skate Plaza. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. 6. CONSENT AGENDA Video Start Time: 03:38:27 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 6.1 Approval of Intergovernmental Agreement with Colorado Department of Transportation for bus lift grant (Mobility Manager James Shoun) 6.2 Approval of Amendment to the Town Manager Employment Agreement (Mayor Amy Phillips) 6.3 Approval of May 28, 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, Councilor Thuon presented a motion to approve the Consent Agenda. Councilor Carroll seconded the motion. It was approved unanimously with a 6 -0 vote of those present. 7. WRITTEN REPORTS 7.1. Draft May 20 Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de Jong) 7.2. Draft May 21 Health & Recreation Committee Meeting Minutes (Recreation Aquatics Superintendent Kacy Carmichael) 7.3. Grants Update (Deputy Town Manager Patty McKenny) 7.4. Colorado Creative Industries 2024 Summit Update (CASE Manager Danita Dempsey) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:38:50 Councilor Stanley reminded the public that Avon Live Battle of the Bands will take place tomorrow, June 12, 2024 at 5:30 p.m. She also reminded the public of the opening of the grand opening of the Art Guild on Friday, June 14, 2024. She also invited the public to attend Avon Live and access information on all summer events. Councilor Carroll mentioned that Sunset Live will have Radio Fluke playing, and they are a local band out of Denver with members of the band being local to the area. He invited the public to attend the concert. AVON REGULAR MEETING MINUTES TUESDAY JUNE 11, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 Councilor Thuon reminded the public of the importance of wearing lifejackets near bodies of water, including next to Nottingham Lake. Mayor Phillips asked for a fellow Councilor to join her for a visit at Mountain Family Health C enter. Councilors Carroll and Stanley stated they are both open to joining her. She added that the Eagle Valley Transit Authority will have a meeting tomorrow, June 12, 2024, at Council Chambers and will be transitioning to a new name in July of 2024. Mayor Pro Tem Underwood and Town Manager Heil exchanged thoughts on the speed sign monitors installed and mentioned during public comment. Councilor Thuon asked that staff look at those speed sign monitors to make sure they are fully operational. 9. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8 :48 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 970-748-4076 NMosby@avon.org TO: Honorable Mayor Phillips and Council members FROM: Nicole Mosby, Town Engineer RE: Holy Cross Energy Easement - H.A. Nottingham Park DATE: June 24, 2024 SUMMARY: This report presents for Council consideration an easement with Holy Cross Energy (HCE) for the conversion of electric lines from overhead to underground at H.A. Nottingham Park and requests Town Council to authorize signature of the easement document. This powerline conversion is part of the scope of the H.A. Nottingham East Park Improvements Project (Project), which includes restrooms and site civil improvements at the Old Town Hall location. An easement was previously executed for this conversion, but the Project has since been altered requiring a revised easement. Attachment A is the proposed easement with HCE for the relocated underground powerlines. BACKGROUND: Avon is in the process of design and bidding for the Nottingham East Park Improvements Project, located at the old Avon Town Hall location of 1 Lake Street. The improvements include restrooms and a site civil package to rework the utilities, grading, and parking to support current and future uses at H.A. Nottingham Park. These utility improvements include converting the overhead powerlines to underground powerline to be more resistant to wildfire and natural hazards. The underground powerline is proposed to run easterly from a transformer at the Eagle River Water and Sanitation District’s Avon Wastewater Treatment Facility. It will then head north across the Union Pacific Railroad Right-of-Way in an existing underground casing and follow the southern boundary of H.A. Nottingham Park before heading north to Lake Street. A previous easement, recorded July 14, 2022 at Reception No. 202212090 at the Eagle County Clerk and Recorders, was recorded for this powerline conversion. However, the Project design has since been altered requiring a revised easement. Attachment A is the updated Holy Cross Energy Underground Easement and Right-of-Way document to allow HCE 10 feet in width to access to maintain, repair, and rebuild the relocated powerline. This easement dedication is necessary to support the electrical improvements scoped for the H.A. Nottingham Park East Restroom Improvements Project. A sketch of the alignment are provided in the Exhibits of Attachment A. A related Resolution detailing Avon's Community Enhancement Fund with Holy Cross Energy and a Contract Letter agreeing to the conditions and estimate for the improvements are part of a subsequent council agenda item. FINANCIAL CONSIDERATIONS: The easement dedication does not have any financial implications. The powerline improvements costs will be itemized as part of the competitive bidding process of the Nottingham East Park Improvements Project. Funding for the Project is currently allocated in the 2024 Capital Improvements Projects (CIP) Budget. PROPOSED MOTION: “I move to approve the Holy Cross Energy Underground Easement for underground electric at H.A. Nottingham Park and authorize the Mayor to sign the easement.” Thank you, Nicole ATTACHMENT A: Holy Cross Energy Underground Easement and Right-of-Way Document W/O # 24-24362:5063 5064 5067: Avon Park – Railroad OH to UG Conversion 5/29/24 JV Page 1 of 2 Revised 032124 HOLY CROSS ENERGY UNDERGROUND EASEMENT AND RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF AVON, a municipal corporation (hereinafter called "Grantor" whether singular, plural or an entity), for good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant to Holy Cross Energy, a Colorado cooperative association, whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, an easement and the right of ingress and egress (“Easement”) across all lands of Grantor “Land,” situate in the County of Eagle, State of Colorado, described as follows: Tract G, Benchmark at Beaver Creek Amendment no. 4, according to the Final Subdivision Plat thereof, situate in Section 12, Township 05 South, Range 82 West of the 6th P.M., as more fully described at Reception Numbers 171107 and 198711 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado. The grant of the Easement includes, without limitation, the right to: construct, reconstruct, repair, change, enlarge, re- phase, increase voltage, change design, operate, and maintain an underground electric transmission or distribution line or lines, or both, with the underground vaults, conduits, fixtures, and equipment used or useable in connection therewith, together with associated equipment required above ground. The rights herein granted specifically allow Grantee to install additional underground and surface pad-mounted facilities within the Easement area described herein. The grant of the Easement includes without limitation any communications facilities, fiber optic facilities, wireless transmitters, receivers, phone line carrier equipment and other communication equipment of any kind whether owned by Grantee or others, within the above-mentioned Land, upon an Easement area described as follows: An Easement area 10 (ten ) feet in width, the centerline for said Easement area being one or more underground power lines as constructed, the approximate location of which upon the above-described Land is shown on Exhibit A attached hereto and made a part hereof by reference. It shall be the Grantor’s responsibility to ensure that above ground facilities including without limitation: splice vaults, switchgear vaults, and transformer vaults installed hereunder on the Land are always accessible by Grantee’s boom trucks and other necessary equipment and personnel. The use of access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten feet of any splice, switchgear, and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and always accessible. Improvements, landscaping, or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten feet of said transformer and switchgear doors shall be flat, level, and free of improvements, landscaping, and other obstructions. Improvements, landscaping, and other objects will be kept a minimum of four feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this Easement and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. The grant of the Easement includes the right to remove all trees, brush, vegetation, improvements, and obstructions within said Easement area and the right to pile spoils outside said Easement area whether during construction and maintenance or otherwise, when such is reasonably necessary for the implementation and use of the rights herein granted. In areas where vegetation is disturbed using the Easement, the ground surface shall be seeded once using a standard native mix by Grantee. Grantor agrees that landscaping, vegetation, or other improvements added on said Easement area after the date of this Easement will be a violation of this agreement, and Grantee will not be responsible for damage to said additional landscaping, vegetation, or improvements caused by exercise of Grantor’s rights granted by this Easement. Grantor agrees that all facilities installed by Grantee on the easement area shall remain the property of Grantee and shall be removable at the option of Grantee. Grantor covenants that Grantor is the owner of the above-described Land and that the Land is free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record as of the date of this easement. Grantor shall eliminate the encumbrances or liens on the Easement upon demand of Grantee. TO HAVE AND TO HOLD, this Easement and right-of-way, together with all and singular, the actual and implied rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. ATTACHMENT A W/O # 24-24362:5063 5064 5067: Avon Park – Railroad OH to UG Conversion 5/29/24 JV Page 2 of 2 Revised 032124 IN WITNESS WHEREOF, Grantor has caused this Easement agreement to be duly executed on this ____ day of , 20 . The individual(s)signing this Holy Cross Energy Underground Right-of-Way Easement hereby represent that the undersigned have full power and authority to sign, execute, and deliver this instrument. TOWN OF AVON – a municipal corporation By: Mayor STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by as Mayor of the TOWN OF AVON – a municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: 970.748.4013 idejong@avon.org TO: Honorable Mayor Phillips and Council members FROM: Ineke de Jong, Chief Administrative Officer RE: Resolution 24-20 Approving the Expenditure of Community Enhancement Funds DATE: June 28, 2024 SUMMARY: A resolution is being presented to Council to formally approve the expenditure of Community Enhancement funds for the Avon Park – Railroad OH to UG Conversion (as presented on tonight’s Council agenda as agenda item 6.3) as required by the Town’s franchise agreement with Holy Cross Energy. BACKGROUND: Pursuant to the Town’s franchise agreement with Holy Cross Energy, the Town receives one percent (1%) of the gross revenues collected from the sale of electricity from within the Town’s borders. The funds are eligible to be expended for limitied purposes, as follows: • Beautification projects • Energy conservation projects • Equipment and technology upgrades for schools • Scholarship funds • Acquisition of open space and/or park land and development thereor • Sponsorship of special community events • Indergrounding of overhead electric and other utility lines The Town’s Engineering department has been in communication with representatives from Holy Cross Energy to discuss the intention of using the Community Enhancement funds for the Avon Park – Railroad OH to UG Conversion, that is currently being planned for 2024. Since the $124,000 is an estimate only, we’ve agreed to appropriate an amount not to exceed $150,000. FINANCIAL CONSIDERATIONS: If approved, an amount not to exceed $150,000 from the Community Enhancement Fund would be used for this purpose. RECOMMENDATION: I recommend Council approves resolution 24-20. PROPOSED MOTION: “I move to approve Resolution 24-20, a Resolution Approving the Expenditure of Community Enhancement Funds from Holy Cross Energy as Provided for in Article 11, Town of Avon Ordinance 01-01, Series of 2001”. Thank you, Ineke ATTACHMENT A: Resolution 24-20 ATTACHMENT B: Contract Letter Holy Cross Energy Project 24-24362 Resolution No. 24-20 July 9, 2024 Page 1 of 1 RESOLUTION 24-20 APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY AS PROVIDED FOR IN ARTICLE 11, TOWN OF AVON ORDINANCE 01-01. WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance 01-01, Series of 2001 which granted a franchise to Holy Cross Energy; and WHEREAS, Article 11 of Ordinance 01-01 provides that Holy Cross Energy will voluntarily make monetary resources available to the Town for programs designed to make a difference in people's lives and the communities in which they reside; and WHEREAS, Section 11.1 of Ordinance 01-01 limits the use for which such funds shall be spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof; (6) Sponsorship of special community events; and, (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the express written consent of the Company; and WHEREAS, Section 11.4 of Ordinance 01-01, provides that the Town Council is required to approve the expenditure by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made and that prior to any expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object in the future if the funds are expended for the use identified in the notice. NOW, THEREFORE, IT IS RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. The Avon Town Council approves utilizing the Holy Cross Enhancement Funds as shown in Exhibit A and Attachment B attached hereto. The Town Council believes that the expenditure of these funds meets the intent and purpose of Article 11 of Ordinance 01-01 and the projects as described in Article 11.1 hereof. Section 2. Town staff will forward this resolution to Holy Cross Energy to comply with Section 11.4 of Ordinance 01-01, Series of 2001. ADOPTED JULY 9, 2024 BY THE AVON TOWN COUNCIL By: Attest: ____ _______________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A EXHIBIT A COMMUNITY ENHANCEMENT FUND HISTORY Original Revised Calendar Amount Budget Budget Actual Ending Year Received Budget Request Amount Amount Expenditure Balance 2001 1 4,000$ -$ -$ -$ 4,000$ 2001 1 32,356 - - - 36,356 2002 1 42,824 - - - 79,180 2003 1 44,766 - - - 123,946 2004 1 50,664 - - - 174,610 2005 1 60,699 - - - 235,309 2006 64,133 - - - 299,442 Purchase of Wind Power 60,000 - - 2007 2 62,907 Energy Audit - 28,000 26,252 336,097 Whitewater Rodeo 36,000 36,000 36,000 LED Holiday Lighting 10,800 10,800 10,800 2008 74,585 Appraisal for Open Space 15,000 15,000 15,000 348,882 Fleet Maintenance Lighting 20,000 20,000 20,000 Ironkids 30,000 30,000 30,000 2009 70,136 LED Holiday Lighting 10,000 10,000 10,000 359,018 Avon Rec Center Lighting 40,000 29,000 29,000 Ironkids 20,000 20,000 20,000 Nottingham Park Pavilion 3 200,000 40,000 40,000 2010 71,067 Fishing Pier 20,000 20,000 20,000 321,085 Ironkids 10,000 10,000 10,000 World Alpine Championships 50,000 - - 2011 74,383 Undergrounding 4 100,000 - - 385,468 2012 72,862 Mall Improvement Project 5 250,000 - - Undergrounding 4 100,000 - - 458,330 2013 84,398 Heat Recovery Expansion 6 350,000 - - 542,728 2014 78,268 Nottingham Park Restrooms 275,000 - - Avon Mall Improvement - 608,000 608,000 12,996 2015 77,473 Nothing Budgeted - - - 90,469 2016 71,736 Undergrounding 100,000 - - 62,205 2017 78,545 Undergrounding 158,000 142,000 140,750 - 2018 83,009 Undergrounding 80,000 80,000 - 83,009 Page 1 EXHIBIT A COMMUNITY ENHANCEMENT FUND HISTORY 2019 83,072 Nothing Budgeted - - - 166,081 2020 81,392 Dancing in the Park - 30,000 - 247,473 2021 82,448 Undergrounding 120,000 - - 329,921 W. Avon Preserve 28,500 28,500 28,500 301,421 Dancing in the Park 30,000 - - 301,421 2022 87,665 Undergrounding 120,000 - - 389,086 Building Electrification Conference 16,000 - 11,312 377,774 2023 91,103 Undergrounding 120,000 - - 348,877 Building Electrification Conference 20,000 - - 348,877 2024 90,000 Undergrounding 100,000 150,000 - 288,877 Building Electrification Conference 20,000 - 14,277 274,600 Notes: 6) The original proposal to extend the Town's Heat Recovery system along the length of the Mall and connect with the Wyndham and Avon Station was re-evaluated during the process for approving the Wyndham development on Lot 61. 1) Amounts received from 2001-2005 were accounted for in the General Fund. In 2006 a separate fund was established for the Community Enhancement monies. A transfer from the General Fund in the amount of $235,309 was made to establish the new Community Enhancement Fund. Because of an oversight, the amount transferred was $2,000 more than the actual amounts received from 2001 -2005. 2) In 2007, the Town budgeted $60,000 for purchasing wind power. It was subsequently learned that the use of Community Enhancement funds was not allowed for this purpose. Subsequently, $26,252 was used for an energy audit of the Town's facilities. 3) The Nottingham Park Pavilion project for which Community Enhancment funds were approved in the amount of $200,000, was subsequently removed from the Town's long-range CIP program due to the cost of the project and lack of Town funds available. A total of $40,000 in Community Enhancement funds was used for the design cost, with the remained turned back as unused. 4) The US Hwy 6 Trail undergrounding project has been delayed due to high project costs related to the Eagle Valley Trails projects. 5) The Mall Improvement Project was delayed due to the impending development of Lot 61. Page 2 3799 HIGHWAY 82 ∙P.O. DRAWER 3350 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 ∙FAX (970) 945-4081 A Touchstone Energy Cooperative May 29, 2024 Town of Avon ATTN: Nicole Mosby PO Box 975 Avon, CO 81620 RE: AVON PARK - RAILROAD OH TO UG CONVERSION Dear Nicole, Holy Cross Energy has completed an updated design and cost estimate for relocating the power lines for the above referenced project, hereinafter the “Project”. Our facilities will be installed as shown on the attached sketch. This Contract Letter Agreement shall replace the prior Contract Letter Agreement dated January 26, 2022. The owner or developer of the subject Project is hereinafter referred to as the “Owner”. Owner’s total estimated cost of construction as a non-recoverable contribution (Includes credit for relocated transformers) $124,000 Holy Cross’s total estimated cost of investment In system improvements $20,000 Total estimated Project cost $144,000 The above figures are only estimates. After the job has been completed, the actual cost of construction will be determined. The Owner’s contribution and the Holy Cross Investment will be adjusted accordingly. Execution of this document constitutes the Owner’s agreement to pay the full amount of the contribution in a timely manner. Holy Cross Energy understands that it is the Owner’s intent to pay for some or all the Owner’s costs associated with this project out of the Owner’s Community Enhancement Fund. As such, Holy Cross Energy requests that the Owner notify us in writing, contemporaneously with the payment, that the funds indeed come from the Owner’s Community Enhancement Fund. The Owner has already granted an easement to Holy Cross Energy for the Project dated June 20, 2022, and recorded at Reception No 202212090, however, the project design was altered by the Owner rendering that easement inaccurate and insufficient. Please execute and return the enclosed updated easement document. Eagle River Water and Sanitation District has already granted an easement to Holy Cross Energy, that is accurate and sufficient for the portion of the Project to be installed on their land, dated March 24, 2022, and recorded at Reception No 202208620. The following conditions are hereby noted: 1.Lot corners or other locations will be provided by the Owner as needed to ensure that our facilities are installed as shown on the attached sketch. ATTACHMENT B Mosby May 29, 2024 Page Two 2.Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve the Project. The Owner must also set all vaults and install all conduits as specified by Holy Cross Energy’s design for the Project and the enclosed construction specifications. Holy Cross Energy will supply all material which can be picked up by the Owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The Owner and Holy Cross Energy have already executed a Trench, Conduit, and Vault Agreement for the Project dated June 20, 2022, and recorded at Reception No 202212090. 3.No excavation will be undertaken within five (5) feet of existing underground power lines except under the on site supervision of a Holy Cross Energy employee. 4.The route of our proposed underground power line extension must be at final grade and free of obstructions before power line construction is started. 5.The above estimate is for Holy Cross Energy facilities and does not include the installation of telephone or television facilities. It will be the Owner’s responsibility to coordinate construction and make contractual agreements with the other utilities. 6.It shall be the Owner’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder for the Project are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Holy Cross Energy. Said corrections will be made at the sole cost and expense of Owner. 7.There is no provision in our estimate for revegetation. Revegetation, if required, must be provided by parties other than Holy Cross Energy. 8.Secondary voltage available will be 208Y/120, three-phase. 9.Secondary voltage available will be 480Y/277, three-phase. 10.Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross Energy specifications. All meter locations must be approved. Any service over 200 amps or 240 volts must have prior written approval from Holy Cross Energy. 11.It will be the Owner’s responsibility to extend underground secondary entrance conductors from the pad-mounted transformers, or junction box, to points of power usage. It will be the Owner’s responsibility to retain the services of a qualified electrician to relocate all the existing secondary electric services from the existing pad-mounted transformers, to be removed, to the new pad- mounted transformers being installed for the Project. The work of the electrician will need to be coordinated with Holy Cross Energy to minimize the length of outages to affected consumers. Mosby May 29, 2024 Page Three 12.All underground services shall be installed in conduit ahead of the meter. All underground services must be in conduit beneath roads, driveways, and other areas of difficult excavation. 13.Low voltage starting will be required on all three-phase motors larger than 25 HP and all single- phase motors larger than 10 HP. 14.Motor protection from phase loss and other voltage problems should be provided. This equipment shall be installed and maintained at the expense of the Owner. 15.It shall be the Owner’s responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. 16.The above -mentioned cost estimate does not include connect fees or meter deposits, if required. Arrangements for payment of these items and for scheduling the actual meter installation should be made through the local Holy Cross Energy office. 17.We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 18.All Holy Cross Energy rules and regulations will be followed. 19.When Holy Cross Energy is in receipt of all necessary executed easements, other permits, if required, and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ENERGY J effrey P. Vroom, Engineering Department jvroom@holycross.com (970) 947-5425 JPV:MM Enclosure The above terms and conditions are hereby agreed to and accepted By: Title: Date: W/O#24-24362-50-63 50-64 50-67:AVON PARK - RAILROAD OH TO UG CONVERSION 24-24362 Contract Letter 970-748-4076 nmosby@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Nicole Mosby, Town Engineer RE: Notice of Award – Swift Gulch Road Asphalt Overlay DATE: June 17, 2024 SUMMARY: This report presents for Council consideration the Notice of Award for construction of the Swift Gulch Road Asphalt Overlay Project as approved in the Town of Avon 2024 Capital Projects Fund. DISCUSSION: The Swift Gulch Road Asphalt Overlay is a maintenance project along ~3,963 feet of roadway from the Avon Swift Gulch Public Works Facility to the easternmost entrance of the Buffalo Ridge Apartments as shown in Figure 1. This section of Swift Gulch Road was last paved in 2015. The project consists of the following components:  2” deep Asphalt Milll and Overlay  Asphalt patching and full depth repair (selected locations)  Manhole and water valve rim height adjustments  New curb and gutter  Adding gravel road shoulders (selected locations)  Pavement marking  Repaving trailhead parking FIGURE 1: Swift Gulch Road Asphalt Overlay Site Map Page 2 of 2 Staff advertised the Swift Gulch Road Asphalt Overlay Project for four weeks on Bidnet.com. The Bid was advertised with a Base Bid for the overlay with manhole and valve rim adjustments and select areas of asphalt repair. Bids were also requested for an additive Bid Alternate #1 to allow for the removal of asphalt from the roadside ditch and installation of curb and gutter with adjacent landscaping. The Bid Opening was held on March 21, 2024, and four(4) bids were received, as follows; Total Bid Bidder Base Bid (with Alt #1) 360 Paving LLC $498,779 $ 764,882 GM Asphalt Repair LLC $459,397 $ 616,811 JARCCO Construction LLC $805,234 $ 1,024,770 United Companies $493,460 $ 697,751 The Town has successfully completed similar projects in with all four bidders. The low bidder GM Asphalt Repair LLC is qualified for this relatively straightforward project. Therefore, We recommend Notice of Award for the Swift Gulch Road Asphalt Overlay Project to GM Asphalt Repair LLC. in the amount of $616,811. Construction Schedule: The proposed work is scheduled to begin in early July for an approximately six week construction period is anticipated. Contractually, the work must be completed by August 30, 2024 prior to the Labor Day weekend. Liquidated damages will be assessed at $1,500 / day if the project completion date extends after August 30, 2024 and increased to $3,000 / day after 30 days. OUTREACH: Staff has been in contact with the Buffalo Ridge Apartments through project development and bidding and will continue to provide updates for property owners and the public. Press Releases with project information and work schedules will be issued as construction approaches. FINANCIAL CONSIDERATIONS: The construction contract for the Project will be funded from the 2024 Street Improvements Projects budget as approved in the Town of Avon 2024 Capital Projects Fund. The Project cost estimate is shown in Table 1 below and includes 10% contingency. Table 1: Swift Gulch Road Asphalt Overlay Project Cost Estimate Available Funds Budget $673,474 Construction Cost $ 616,811 Design $ 6,935 Geotechnical Testing Services $ 4,000 Contingency (10 %) $ 45,000 Total $ 672,746 RECOMMENDATION: Staff requests Council authorization to award the Swift Gulch Road Asphalt Overlay Project contract to GM Asphalt Repair LLC in the amount of $616,811. PROPOSED MOTION: “I move to authorize issuance of Notice of Award for the Swift Gulch Road Asphalt Overlay Project contract to GM Asphalt Repair LLC in the amount of $616,811 as approved in the Town of Avon 2024 Capital Projects Fund.” Thank you, Nicole 970.748.4004 eric@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: West Nottingham Trails Change Order DATE: July 2, 2024 SUMMARY: X Fields Services, LLC, the Contractor for the repaving of our recreation trails in West Nottingham Park area encountered poor soils with the portions of the trail near the lower field. Poor soils can shorten the life of the paved recreation trail. I discussed with Eva Wilson, Public Works Director and Nicole Mosby, Town Engineer. The risk of pavement failure due to poor soils is low because we rarely have vehicles using the trail. The cost to remove poor soils and then fill and compact with appropriate soils is $161,189. This additional cost is within the overall budget as originally approved by Council. I recommend that Council approve the Change Order to install proper soils for the recreation path around the lower fields for the follow reasons: • This is a long term investment – Harry A. Nottingham Park, the lower playfield and these trails are expected to be there and used by the public for 50+ years and beyond. • Proper subsurface soils and compaction will improve the longevity of this recreation trail regardless of use. • There is potential that this trail may see more vehicle use related to program and events over the next twenty years. • We have learned the hard way that cutting corners, or “value engineering” can cost most more to remove and replace work that was not done correctly the first time. The Change Order is for more than $100,000, which is required to be approved by Council under Avon’s Procurement Code. PROPOSED MOTION: “I move to approve Change Order 4 for the Avon Recreation Trail Improvement Project.” Thank you, Eric ATTACHMENT A: Change Order 4 CO-4 CHANGE ORDER Order No.:____ 4_____________ Date: ___7/01/2024______ Agreement Date: __5/2/2024___ NAME OF PROJECT: Recreation Trail Improvement Project ______ OWNER: Town of Avon, Colorado CONTRACTOR: __ X Fields Services, LLC__________________________________________ The following changes are hereby made to the CONTRACT DOCUMENTS: JUSTIFICATION: Unsuitable subgrade of several feet of clay was encountered on the lower athletic field of the Nottingham trails project. This change order is to remove and dispose of 18 inches of the unsuitable material and lay Tensar HX 5.5 geogrid with Class 2 and Class 6 road base over it to build a bridge layer that can support the trail over the poor subgrade materials. A second layer of geogrid may be required between lifts in areas of particularly poor subgrade. The additional work will be paid out per the attached itemization including description, CDOT item number, and unit price. Change to CONTRACT PRICE: $_161,189.80__ Original CONTRACT PRICE: $__902,314.20__ Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $__956,672.90_ The CONTRACT PRICE due to this CHANGE ORDER will be increased by $_161,189.80. The new CONTRACT PRICE including this CHANGE ORDER will be $__1,117,862.70. Change to CONTRACT TIME: N/A The CONTRACT TIME will be (increased)(decreased) by ___0___ calendar days. The date for completion of all work will be __October 10, 2024__ (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): N/A ATTACHMENT A P.O. Box 1313 Craig, CO 81626 970-629-2233 haskins2233@gmail.com Estimate ADDRESS Town of Avon. ESTIMATE #9241 DATE 06/28/2024 PROJECT Change order 4 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT 06/28/2024 Excavation 203-00050: Unsuitable Material (Unit: Cubic Yard) 422 188.50 79,547.00 06/28/2024 Materials 304-06000: Class 2 Aggregate Base Course (Unit: Ton) placed, compacted,watered,inspected 633 95.10 60,198.30 06/28/2024 Materials 420-00000: Geosynthetics (Tensar HX 5.5 geogrid) (Unit: Square Yard) 1,266 5.25 6,646.50 06/28/2024 Materials 304-06000: Class 6 Aggregate base Course (Unit: Ton) placed, compacted,watered,inspected if needed 151 98.00 14,798.00 Check and credit card SUBTOTAL 161,189.80 TAX 0.00 TOTAL $161,189.80 Accepted By Accepted Date BID ITEM # CDOT ITEM NO.BID ITEM QNTY UNIT UNIT COST EXTENDED COST 1 MOBILIZATION 1 LS 95,766.00$ 95,766.00$ 2 CONSTRUCTION SURVEYING 1 LS 4,000.00$ 4,000.00$ 3 AS-BUILT SURVEYING 1 LS 1,200.00$ 1,200.00$ 4 TRAFFIC CONTROL 1 LS 18,800.00$ 18,800.00$ 5 201-00000 CLEARING AND GRUBBING 2 L S 2,000.00$ 4,000.00$ 6 202-00010 REMOVAL OF TREE 2 EACH 1,800.00$ 3,600.00$ 7 202-00015 REMOVAL OF HEADWALL 1 EACH 4,574.00$ 4,574.00$ 8 202-00035 REMOVAL OF PIPE 15 LF 108.00$ 1,620.00$ 9 202-00207 REMOVAL OF BRICK PAVERS 10 SY 217.00$ 2,170.00$ 10 202-00220 REMOVAL OF ASPHALT MAT 918 SY 10.90$ 10,006.20$ 11 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE)559 CY 34.00$ 19,006.00$ 12 208-00002 EROSION LOG TYPE 1 (12 INCH)80 LF 15.00$ 1,200.00$ 13 208-00013 EROSION LOG TYPE 1 (20 INCH)1078 LF 18.50$ 19,943.00$ 14 208-00035 AGGREGATE BAG 160 LF 15.80$ 2,528.00$ 15 208-00046 PRE-FABRICATED CONCRETE WASHOUT STRUCTURE (TYPE 1)1 EACH 600.00$ 600.00$ 16 208-00075 PRE-FABRICATED VEHICLE TRACKING PAD 1 EACH 3,200.00$ 3,200.00$ 17 304-06000 AGGREGATE BASE COURSE (CLASS 6)216 TON 98.00$ 21,168.00$ 18 403-34621 HOT MIX ASPHALT (GRADING SX) (50) (PG 58- 28)214 TON 450.00$ 96,300.00$ 19 504-08050 STONE LANDSCAPE WALL 25 SF 150.00$ 3,750.00$ 20 603-01245 24 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE)5 LF 286.00$ 1,430.00$ 21 603-10240 24 INCH CORRUGATED STEEL PIPE 5 LF 125.00$ 625.00$ 22 603-10300 30 INCH CORRUGATED STEEL PIPE 6 LF 168.00$ 1,008.00$ 23 604-30010 MANHOLE SLAB BASE (10 FOOT)1 EACH 8,410.00$ 8,410.00$ 24 PLACE TOPSOIL-4" DEPTH (ASSUME IMPORTED)200 CY 57.00$ 11,400.00$ 25 MISC. LARGE BOULDER RESETTING 1 LS 14,200.00$ 14,200.00$ 26 BLUEGRASS SOD WITH SOIL PREP 3800 SF 4.10$ 15,580.00$ 27 NATIVE SEEDING INCLUDING SOIL PREP. AND MULCH 15900 SF 1.65$ 26,235.00$ 28 SLOPE BLANKET (SLOPES 3:1 AND GREATER)1600 SY 3.50$ 5,600.00$ 29 DECIDUOUS ORNAMENTAL TREES 3 EA 1,000.00$ 3,000.00$ 30 QUAKING ASPENS (CLUMP FORM)18 EA 700.00$ 12,600.00$ 31 DECIDUOUS SHRUBS 117 EA 160.00$ 18,720.00$ 32 PERENNIALS 47 EA 72.00$ 3,384.00$ 33 IRRIGATION MODIFICATIONS/ADDITIONS (ASSUMES CONNECTION TO EXISTING CONTROLLER) 1 LS 36,000.00$ 36,000.00$ 34 ESTABLISHMENT PERIOD LANDSCAPE MAINTENANCE (1 YEAR) 1 LS 18,500.00$ 18,500.00$ 35 RELOCATION OF ELECTRICAL PANEL 1 EA 19,310.00$ 19,310.00$ 36 REWIRE ELECTRICAL PANEL 1 EA 1,300.00$ 1,300.00$ 37 RELOCATION OF ELECTRICAL TRANSFORMER 1 EA 18,000.00$ 18,000.00$ 38 REWIRE ELECTRICAL TRANSFORMER SERVICES 1 EA 1,800.00$ 1,800.00$ 39 RESET FIBER OPTIC BOX 1 EA 5,800.00$ 5,800.00$ 40 RELOCATION OF COMMUNICATIONS PEDESTAL 1 EA 5,800.00$ 5,800.00$ Original Contract Cost of Lower Athletic Field 542,133.20$ UNIT COST EXTENDED COST 7 202-00015 REMOVAL OF HEADWALL -1 EACH 4,574.00$ (4,574.00)$ 11 203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE)-350 CY 34.00$ (11,900.00)$ 17 304-06000 AGGREGATE BASE COURSE (CLASS 6)165 TON 98.00$ 16,170.00$ 19 504-08050 STONE LANDSCAPE WALL 117.4 SF 150.00$ 17,610.00$ 20 603-01245 24 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLACE)-5 LF 286.00$ (1,430.00)$ 20a 24 INCH REINFORCED CONCRETE PIPE (CAST- IN-PLACE BEND)1 EA 3,074.00$ 3,074.00$ 21 603-10240 24 INCH CORRUGATED STEEL PIPE -5 LF 125.00$ (625.00)$ 21a Spec Provided 24 INCH ADS N-12 WT HDPE PIPE 33 LF 126.00$ 4,158.00$ 22 603-10300 30 INCH CORRUGATED STEEL PIPE -6 LF 168.00$ (1,008.00)$ 23 604-30010 MANHOLE SLAB BASE (10 FOOT)-1 EACH 8,410.00$ (8,410.00)$ CO 1 Cost 13,065.00$ Nottingham Park Lower Athletic Field Path CHANGE ORDER 1 UNIT COST EXTENDED COST 15 208-00046 PRE-FABRICATED CONCRETE WASHOUT STRUCTURE (TYPE 1)-1 EACH 600.00$ (600.00)$ 41 Subgrade Issue / Asphalt Standby 1 LS 15,000.00$ 15,000.00$ CO 2 Cost 14,400.00$ UNIT COST EXTENDED COST 42 203-00050 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE)422 CY 188.50$ 79,547.00$ 43 304-06000 AGGREGATE BASE COURSE (CLASS 2)633 TON 95.10$ 60,198.30$ 44 420-00000 GEOSTYNTHETICS (TENSAR HX 5.5)1266 SY 5.25$ 6,646.50$ 17 304-06000 AGGREGATE BASE COURSE (CLASS 6)151 TON 98.00$ 14,798.00$ CO 4 Cost 161,189.80$ Subtotal w /COs 730,788.00$ BID ITEM #BID ITEM QNTY UNIT UNIT COST EXTENDED COST Project Area 1: Hurd Lane Recreation Path 1 Mobilization 1 LS 9,100.00$ 9,100.00$ 2 Pedestrian and Traffic Control 1 LS 4,230.00$ 4,230.00$ 3 Asphalt Patching 271.0 SY 147.00$ 39,837.00$ Subtotal 53,167.00$ 3 Asphalt Patching - Hurd Ln Final Quantities 2.4 SY 147.00$ 352.80$ 1 Mobilization - HA Nott NP & Hurd Remob 1 LS 3,300.00$ 3,300.00$ 2 Pedestrian & Traffic Control - HA Nott NP 1 LS 500.00$ 500.00$ 3 Asphalt Patching - HA Notthingham North Park 33.7 SY 147.00$ 4,953.90$ CO 2 Cost 9,106.70$ Subtotal w /COs 62,273.70$ Project Area 2: Eagle Valley Trail (West) 1 Mobilization 1 LS 29,475.00$ 29,475.00$ 2 Pedestrian and Traffic Control 1 LS 6,100.00$ 6,100.00$ 3 Asphalt Patching 961 SY 147.00$ 141,267.00$ Subtotal 176,842.00$ Project Area 3: Eagle Valley Trail (Central) 1 Mobilization 1 LS 22,530.00$ 22,530.00$ 2 Pedestrian and Traffic Control 1 LS 3,860.00$ 3,860.00$ 3 Asphalt Patching 706 SY 147.00$ 103,782.00$ Subtotal 130,172.00$ 3 Asphalt Patching - Final Quantities (Central)88.4 SY 147.00$ 12,994.80$ CO 1 Cost 12,994.80$ 3 Asphalt Patching - Final Quantities (West)32.6 SY 147.00$ 4,792.20$ CO 3 Cost 4,792.20$ Subtotal w /COs 324,801.00$ 360,181.00$ 902,314.20$ 26,059.80$ 23,506.70$ 4,792.20$ 161,189.80$ 1,117,862.70$ CHANGE ORDER 1 Eagle Valley Trail ORIGINAL TOTAL CONTRACT PRICE CHANGE ORDER 3 Recreation Trail Maintenance Bid Tabulation CHANGE ORDER 2 Hurd Lane Recreation Path CHANGE ORDER 2 CHANGE ORDER 4 CHANGE ORDER 1 CHANGE ORDER 2 CHANGE ORDER 4 REVISED TOTAL CONTRACT PRICE ORIGINAL CONTRACT COST OF TRAIL REPAIRS CHANGE ORDER 3 MEMORANDUM TO: Board of Directors FROM: Brian Thompson, Government Affairs Supervisor DATE: June 21, 2024 RE: Summary of Authority’s May 23, 2024, Board Meeting The following is a summary of items discussed at the Authority’s May 23, 2024, board meeting. Directors present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Joanna Kerwin, and Tamra Underwood. Extending Board Officer Terms Board officer terms were extended to May 2025 to realign with regular special district elections. EPRC Board Representative George Gregory was appointed as the Authority’s representative to the Eagle Park Reservoir Company (EPRC) Board of Directors for the EPRC 2025 fiscal year. Conflicts of Interest Kathryn Winn provided an annual review of conflicts of interest and encouraged directors to update their Potential Conflicts of Interest Questionnaires. 2025 Rate Restructure Analysis The board supported incorporating updated methodologies on Commercial, Municipal, Multi-Family and Mixed-Use account types into 2025 rate structures. These changes will align base charges, use rates, and impact fees to meter size on these accounts, rather than to Single Family Equivalent (SFE) units as currently used. This restructuring will improve the equity and consistency of these rates. Policy Updates A draft Digital Accessibility Policy and proposals to sunset the Policy for Use-Based Tap Fee Calculation and amend the Tap Fee Policy for Public Use Facilities were presented. The board will consider action on these updates at the June 27 meeting. Shoshone Water Right Preservation Campaign The board approved a financial commitment in the amount of 62% of a $1 million joint contribution with ERWSD to support the purchase of the Shoshone water right, subject to future budget appropriations, the Colorado River District fulfilling its purchase contingencies, and ERWSD committing to the remaining 38%. Quarterly Financial Report Jim Cannava said first-quarter financials are tracking to budget and operating revenues are favorable despite a decrease in consumption. Bolts Lake Update Jason Cowles said the Bolts Lake program manager, Black & Veatch, is developing a project schedule, a Request for Proposals (RFP) for the Final Design Team, and a purpose and need statement for permitting. Legislative Update Diane Johnson said she testified in opposition to HB24-1463, Restrictions on Tap Fees; the bill was subsequently heavily amended. _______________________________________________________________________________ AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY, JUNE 10, 2024 100 MIKAELA WAY – AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:35PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS BRAD CHRISTIANSON, KEVIN HYATT, BILL GLANER, BRIAN SIPES, NICOLE MURAD AND ANTHONY SEKINGER WERE PRESENT. ALSO PRESENT WERE TOWN ATTORNEY, NINA WILLIAMS, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, DEVELOPMENT COORDINATOR, EMILY BLOCK. COMMISSIONER OLIVIA COOK WAS NOT IN ATTENDANCE. 2. CHAIRPERSON AND VISE-CHAIRPERSON APPOINTMENTS COMMISSIONER GLANER MADE A MOTION TO NOMINATE ANTHONY SEKINGER FOR CHAIRPERSON. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0. COMMISSIONER GLANER MADE A MOTION TO NOMINATE BRIAN SIPES FOR VICE-CHAIR. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0. 3. APPROVAL OF AGENDA ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0. 4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 5. PUBLIC HEARINGS 5.1. MJR24003 NEW RESIDENCE 2332 FOX LANE (APPLICATION FOR TWO NEW HOMES ON APPROVED SPLIT LOT IN WILDRIDGE CONTINUED FROM MAY 13, 2024) – MAX MORGAN, PLANNER II ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE APPLICATION FOR MJR24003 AS PRESENTED IN THE STAFF REPORT, INCLUDING CONDITIONS WITH TWO ADDITIONAL CONDITIONS (8 EVERGREEN TREES ON ADJACENT PROPERTY & PLAN MEETS MATERIAL REPRESENTATION PRESENTED TODAY). COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED 5-1. COMMISSIONER SIPES REPRESENTED THE DISSENTING VOTE. 5.2. PUD24001 / MJR24002 / AEC24001 NEW RESIDENCE 4644 NORTH POINT (APPLICATION FOR LOT SPLIT IN WILDRIDGE, TWO NEW HOMES, AND NON-COMPLIANT ROOF PITCH CONTINUED FROM MAY 13, 2024) – MAX MORGAN, PLANNER II ACTION: PUD24001: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE APPLICATION FOR PUD24001 AS PRESENTED IN THE STAFF REPORT. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED 5-1. COMMISSIONER SIPES REPRESENTED THE DISSENTING VOTE. _______________________________________________________________________________ AEC24001: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE APPLICATION FOR AEC24001 AS PRESENTED IN THE STAFF REPORT. COMMISSIONER SIPES SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY 6-0. MJR24002: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE APPLICATION FOR MJR24002 AS PRESENTED IN THE STAFF REPORT, INCLUDING CONDITIONS. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY 6-0. 6. CONSENT AGENDA 6.1. MAY 13, 2024, PLANNING AND ZONING COMMISSION MEETING MINUTES 6.2. RECORD OF DECISION – SRU24001 WALKIN’ THE DOG BUSINESS OPERATION - MAX MORGAN, PLANNER II 6.3. RECORD OF DECISION – PUD24002 DUPLEX LOT SPLIT 2332 FOX LANE – MAX MORGAN, PLANNER II ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 6-0. 7. FUTURE MEETINGS 7.1. JUNE 24, 2024 (MONDAY – NO PZC TRAINING) 7.2. JULY 8, 2024 (MONDAY – WITH PZC TRAINING) 7.2.1. NO BG / NO AS 8. STAFF UPDATES 9. ADJOURN ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 8:45PM. THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, MAX MORGAN 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – May & April 2024 data DATE: June 13th, 2024 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for April 2024 and the recreation fees and real estate transfer tax revenues for May 2024. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for April revenues in 2024 and May 2024. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – April 2024: April sales tax revenues totaled $638,080. This is a decrease of $37,966 or 5.62% compared to April 2023 sales tax revenue of $676,047. APRIL 2023 v APRIL 2024 SALES TAX COMPARISON BY INDUSTRY April 2023 April 2024 Increase/Decrease Home/Garden $71,538.09 $57,387.17 ($14,150.92) Grocery/Specialty/Health $171,254.83 $146,962.69 ($24,292.14) Sporting Goods Retail/Rental $53,535.67 $43,314.20 ($10,221.47) Miscellaneous Retail $21,062.69 $22,751.80 $1,689.11 Accommodations $82,598.46 $70,644.48 ($11,953.98) Restaurants/Bars $134,806.31 $110,710.93 ($24,094.38) Other $13,839.60 $8,280.16 ($5,559.44) Service Related $26,441.78 $17,782.84 ($8,658.94) Liquor Stores $11,880.10 $48,027.91 $36,147.81 E-Commerce Retail $39,657.10 $63,282.26 $23,625.25 Manufacturing/Wholesale $6,141.43 $14,943.72 $8,802.29 Construction Related Services $35,969.52 $27,326.34 ($8,643.18) Digital Media Suppliers/Sellers $5,883.56 $6,173.12 $289.56 Commercial/Industrial Equipment $976.92 $492.98 ($483.94) Special Events $461.60 $0.00 ($461.60) TOTAL $676,047.57 $638,080.60 ($37,966.97) Page 2 of 11 Sales Tax: April 2024 Budget v Actual Collections: April 2024 sales tax revenues totaled $638,080. This is a decrease of $66,711 over the April 2024 estimates of $704,791. This is 9.47% below the adopted 2024 budget (based on a 3-year average). APRIL 2024 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance April $704,791.62 $638,080.60 ($66,711.02) (5.62%) 349,189.52 591,350.43 618,675.15 676,047.57 $638,080.60 69.35%4.62% 9.27% -5.62% $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 2020 2021 2022 2023 2024 2020-2024 April Sales Tax Revenue Trend Page 3 of 11 Accommodation Tax: Revenues – April 2024: Accommodation tax revenues totaled $67,548 for the month of April. This is a decrease of $22,994 or 25.40% compared to April 2023 accommodation tax revenues, which totaled $90,542. Accommodation tax collections by industry type for April 2024 compared to April 2023 reported a decrease for Hotels, Timeshares, and Vacation Rentals. APRIL 2023 v APRIL 2024 ACCOMMODATION TAX COMPARISON BY INDUSTRY April 2023 April 2024 Increase/(Decrease) Timeshares $18,356.22 $17,963.63 ($392.59) Hotels $38,756.02 $23,715.48 ($15,040.54) Vacation Rentals $33,430.29 $25,868.95 ($7,561.34) TOTAL $90,542.53 $67,548.06 ($22,994.47) April 2024 Budget v Actual Collections: April 2024 accommodation tax revenues totaled $67,548. This is a decrease of $25,615 over the April 2024 estimates of $93,163. This is 27.49% below the adopted 2024 budget (based on a 3-year average). APRIL 2024 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance April $93,163.06 $67,548.06 ($25,615.00) (25.40%) 8,631 73,465 91,810 90,543 67,548 751.18% 24.97% -1.38% -25.40% $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 2020 2021 2022 2023 2024 2020-2024 April Accommodation Tax Revenue Trend Page 4 of 11 Short Term Rental Tax for CH: Revenues – April 2024: STR Tax for Community Housing totaled $29,446 for the month of April. This is a decrease of $9,855 or 25.08% compared to April 2023. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. APRIL 2023 v APRIL 2024 STR TAX FOR CH COMPARISON BY INDUSTRY April 2023 April 2024 Increase/(Decrease) Timeshares $9,178.10 $8,981.81 ($196.29) Hotels $14,809.65 $8,373.33 ($6,436.32) Vacation Rentals $15,314.15 $12,091.42 ($3,222.73) TOTAL $39,301.90 $29,446.56 ($9,855.34) Tobacco & Cigarette Tax: Revenues – April 2024: Tobacco tax revenues totaled $22,455 and cigarette tax revenues totaled $19,221 for April 2024. Compared to April 2023 revenues, this is a decrease of $4,148 for tobacco tax revenues, which totaled $26,604 and a decrease of $444 for cigarette tax revenues, which totaled $19,665. 12,157 19,194 24,663 26,605 22,456 57.89% 28.49% 7.87% -15.59% - 5,000 10,000 15,000 20,000 25,000 30,000 2020 2021 2022 2023 2024 2020-2024 April Tobacco Tax Revenue Trend Page 5 of 11 April 2024 Adopted Budget v Actual Collections: April 2024 tobacco and cigarette tax revenues totaled $22,455 and $19,221, respectively. This is a decrease of $2,299, over the April 2024 budget for tobacco tax, which is $24,755 and an increase of $984 over the April 2024 budget for cigarette tax estimates, which is $18,236 which is based on a 3-year average. APRIL 2024 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Tobacco $24,755.48 $22,455.96 ($2,299.52) (9.29%) Cigarettes $18,236.89 $19,221.00 $984.11 5.40% Total ($1,315.41) 16,188 18,798 18,234 19,665 19,221 16.12% -3.00% 7.85% -2.26% - 5,000 10,000 15,000 20,000 25,000 2020 2021 2022 2023 2024 2020-2024 April Cigarette Excise Tax Revenue Trend Page 6 of 11 Real Estate Transfer Tax: Revenues – May 2024: May 2024 real estate transfer tax totaled $256,119. Compared to May 2023, which totaled $364,608, this is a decrease of $108,488. This is a decrease of $544,915 over the May 2024 budget which was based on a 3-year average. MAY 2024 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $801,035.52 $256,119.97 ($544,915.55) (68.03%) $100,257 $323,408 $1,079,581 $364,609 $256,120 222.58% 233.81% -66.23% -29.75% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2020 2021 2022 2023 2024 Real Estate Transfer Tax May Revenue Trends Page 7 of 11 Recreation Center Fees: Revenues – May 2024 Admissions & Program Fees: Recreation admission revenues for May 2024 totaled $54,707 is a decrease of $30,543 compared to May 2023 which totaled $85,250. This is $19,090 below the adopted 2024 budget estimates of $73,798. Unfavorable admissions revenue due to Rec Center being closed for two weeks in May for maintenance. Recreation program fee revenues for May 2024 totaled $37,022. This is an increase of $3,675 compared to 2023, which totaled $33,346 This is $8,155 above the adopted 2024 budget estimates, which is $28,867 which is calculated based on a 3-year average. 714 37,549 86,023 85,251 54,708 5162.65% 129.10%-0.90% -35.83% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 2020 2021 2022 2023 2024 Recreation Admissions May Revenue Trends $7,749 $33,138 $16,893 $33,347 $37,023 327.66% -49.02% 97.41%11.02% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2020 2021 2022 2023 2024 Recreation Program Fees May Revenue Trends Page 8 of 11 Tax Revenue Comparison – 2023 v 2024: All taxes are down for 2024 compared to 2023. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2023 v Actual 2024: Sales Tax, Accommodations Tax, STR for CH, and Tobacco Tax reflect an unfavorable variance over the 2024 budget. Total revenue for the YTD is reflecting an unfavorable variance to the 2024 budget. Below is a table which reflects the dollar change and percentage variance. 2023 v 2024 YTD Revenue Comparison 2023 2024 Dollar Variance Percentage Variance Sales Tax $4,862,289.11 $4,846,445.04 ($15,844.07) (0.33%) Acc. Tax $1,179,334.37 $1,027,656.31 ($151,678.06) (12.86%) STR Tax for CH $537,215.10 $473,798.60 ($63,416.50) (11.80%) Tobacco Tax $122,065.40 $117,521.31 ($4,544.09) (3.72%) Cigarette Tax $77,701.50 $77,517.00 ($184.50) (0.24%) Rec Admissions $478,972.51 $485,129.50 $6,156.99 1.29% Rec Program Fees $174,257.36 $181,036.92 $6,779.56 3.89% TOTAL $7,431,835.35 $7,209,104.68 ($222,730.67) (3.00%) 2024 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $4,908,971.27 $4,846,445.04 ($62,526.23) (1.27%) Acc. Tax $1,103,606.46 $1,027,656.31 ($75,950.15) (6.88%) STR Tax for CH $526,604.16 $473,798.60 ($52,805.56) (10.03%) Tobacco Tax $119,440.62 $117,521.31 ($1,919.31) (1.61%) Cigarette Tax $75,414.66 $77,517.00 $2,102.34 2.79% Rec Admissions $369,743.94 $485,129.50 $115,385.56 31.21% Rec Program Fees $133,277.88 $181,036.92 $47,759.04 35.83% TOTAL $7,237,058.99 $7,209,104.68 ($27,954.31) (0.39%) Page 9 of 11 Real Estate Transfer Tax: Revenues YTD 2024 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $2,960,571.20 $3,510,188.99 $549,617.79 18.56% 2023 Actual 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $1,706,567.50 $3,510,188.99 $1,803,621.49 105.69% New and Renewed Business and STR Licenses – 2023 v 2024: The total number of 2024 business licenses issued through May was 312. This was down 23 licenses or 6.9% from May 2023. The total number of STR licenses issued through March was 89. Compared to May 2023 the STR licenses were down 25 licenses or 21.9%. 2024 v 2023 – Business and STR Licenses Period 1/1 – 5/31 2024 2023 License Variance Percentage Variance Business License - Vendor 312 335 (23) (6.9%) Business License – Fixed Location 84 84 0 0.0% Business License – Home Occupation 22 23 (1) (4.3%) Business License – Special Event 4 5 (1) (20.0%) TOTAL BUSINESS LICENSES 422 447 (25) (5.6%) STR License 89 114 (25) (21.9%) Page 10 of 11 - 50.00 100.00 150.00 200.00 250.00 300.00 350.00 400.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -5/31 2022 2023 2024 0 20 40 60 80 100 120 STR License STR Licenses Issued 1/1 -5/31 2022 2023 2024 Page 11 of 11 EXPENDITURES: APRIL 2024 General Fund YTD Actuals v 2024 Budget: General Fund expenditures through May 2024 total $8,303,894 which is 31.55% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2024 Budget: Mobility Fund expenditures through May 2024 total $999,377 which is 27.77% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2024 Budget: Fleet Maintenance expenditures through May 2024 total $527,250 which is 24.18% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2024 Budget: The Capital Improvement expenditures through May 2024 total $840,317 which is 8.60% of the total adopted budget. These expenditures were made up of primarily West BC Blvd. street improvements project. Thank you, Dean 970-748-4083 clin@avon.org TO: Honorable Mayor Phillips and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Bi-monthly Sustainability Updates DATE: June 21, 2024 SUMMARY: This report provides an update for all Sustainability and Climate Action initiatives in the Town of Avon within the timeframe of May to June 2024. No action is required by Council. BACKGROUND: Following the highly productive implementation of Town of Avon’s Climate Action & Sustainability programs in 2023, the Town continues into 2024 with 6 Sustainability Goals, 15 Sustainability Projects and 10 ongoing Sustainability Duties. The progress of these programs is reported in the table below as appropriate in the May to June 2024 timeframe. It is important to acknowledge that the progress we have made is the result of the collaborative efforts of many TOA staff. SUSTAINABILITY UPDATES: Official Sustainability Department Goals 2024 Official Goals What this goal accomplishes Progress May to June 2024 1. Avon Residential Composting Research Develop options with identified costs for a community wide composting program, or initial pilot project, to be implemented in 2024. • The Community Survey including the questions about the curbside composting program was postponed to July 8. The survey results will inform the design and budget of the program. • Composting education has been planned for social media to help residents understand the importance of composting as they engage in the survey. 2. GHG Inventory Add-on: Avon Net Zero Forecasting Utilize the 2019 and 2022 GHG inventory data to create a comprehensive net- zero forecast. • The first draft of the Wedge Analysis was finished in late June and is currently under review and revision. 3. Climate Action Investment Matrix Assist with understanding return on investment and identify priority areas for Climate Action programs. • Researched and reviewed climate cost analysis work in other municipalities (e.g. City of Aspen, City of Ann Arbor, etc.) to inform our strategies and work plan. • A comprehensive policy scan for climate action in Avon has been conducted through the Wedge Analysis and a study of Colorado’s Priority Climate Action Plan. This will form the basis of constructing an investment analysis. • The “cost of doing nothing” analysis is also being reviewed. This will allow us to estimate the potential damage caused by climate change, thus understanding what our current climate investment can mitigate future costs. • Since research is near completion, the analysis is expected to start after the Wedge Analysis ends. Page 2 of 5 4. Promote Weatherization and Electrification Program for the Aspens Leverage and promote Eagle County and NWCCOG’s existing weatherization and electrification program to the Aspen community. • No action was taken during May-June. 5. Recycling Center Upgrade Collaborate with Avon Public Works Department and Eagle County to elevate the Avon Recycling Center, enhancing safety and user experience. • Working with Public Works and Eagle County on a final work plan to upgrade the Recycling Center. Engineering is expecting two bids to compare by the end of June, and the Town Engineer is preparing a report to ask Council for a budget amendment once the bid is confirmed. Construction is expected to begin in July or August. • Foam Cycle, the vendor of the Styrofoam densifying equipment, visited Avon and provided useful advice and strategy for the upcoming Styrofoam program. 6. Research New Energy Rebates: EVs, EVSE and Battery Storage Research and prepare for the additions new energy rebates to incentivize clean transportation and resilient energy storage solutions. • Conducted initial research about the current status of energy rebates for EVs, EV charging infrastructure and battery storage in the Town of Vail and Edwards Metro District; the only two Eagle County communities that offer these rebates. • All rebates can be administered through Walking Mountains’ Energy Smart program. • A council report has been scheduled for the fall to consider inclusion in 2025 budget. Other Sustainability Projects & Ongoing Duties Sustainability Projects & Ongoing Duties What this program accomplishes Progress January – February 2024 Waste Reduction Monitoring Restaurant Polystyrene Ban Assist restaurants to transition out of polystyrene food containers per the requirement of Ordinance 21-05. • Avon’s deadline for the Polystyrene ban is July 1. • Both direct email for restaurants and social media post to deliver a “last warning” of the polystyrene ban are scheduled for the last week of June. • Staff understand which restaurants have not complied and will make in-person visits in July to offer more assistance. Recycling Ordinance: Ongoing Support Continue supporting the Avon community to implement Ordinance 22-13 since it went into • There are consistent reminders of ordinance compliance and ongoing support through the monthly newsletters in 2024. Page 3 of 5 effect in November 2023. • Staff will conduct a new round of outreach to HOA’s and businesses to understand their needs (e.g. trainings, hauler communication, etc.) for recycling support in July and August. Recycling Ordinance: Waste Diversion Data Collection Collect waste diversion data from all of our haulers per the requirement of Ordinance 22-13. • At the end of Q2, all haulers should have submitted the first round of required diversion data. So far, all our waste haulers have submitted, but the composting hauler has not. Staff continue to communicate with haulers to make sure data submission is complete. Zero Waste at all Town Events Implement the high standards of waste management at all Town events across departments. • This goal was completed in 2023. In 2024, Sustainability staff will reach out to all departments to make sure zero waste event practices are still in place and are well-supported. Energy Efficiency & Electrification Building Net Zero Action Plan Cohort 2024 Achieve the Climate Action Plan priority action “adopting net zero or all-electric construction code for new buildings” through a regional collaboration. • The Town of Avon will participate in the BNZAP cohort along with these neighboring communities: Eagle County, Town of Basalt, Town of Eagle, Town of Gypsum, Town of Minturn, Town of Red Cliff, Town of Vail, Pitkin County, City of Aspen, Town of Snowmass Village, Town of Carbondale, City of Glenwood Springs, and Town of New Castle. • The cohort has met 5 times so far, and has successfully reached a net zero building definition for the region, and an initial roadmap for reaching net zero by 2030. More discussions will be done to build the first draft. • Workforce lunch-and-learn will be carried out after the completion of the first draft. Energy Benchmarking of Municipal Buildings (Note: this is an official Public Works Goal with Sustainability as support) Understand Building Benchmarking programs & establish Town of Avon’s own program. • In 2023, Avon benchmarked the following buildings: ▫ Avon Rec Center (Gas and Electric) ▫ ARTF (Gas and Electric) ▫ Town Hall (Electric is automated and gas was tracked) ▫ Public Safety (Benchmarked through Trane building system) ▫ Fleet (Pending) • The implementation of the energy tracking software from THG Energy Solutions has been going through an extended review; a demo is scheduled on June 22 with Public Works and Sustainability. • Research on Building Performance Standards (BPS) has begun for the goal of providing a comprehensive update to Council on what the CEO is requiring. The research is aimed to finish at the end of August. Net Zero Building Expo (Note: this is an official Community Development Goal. Share expertise on Net Zero development with the Eagle County community. • The next Net Zero Building Expo is schedule on April 18, 2025. Page 4 of 5 Transportation Regional Car Share Program Establish a regional carshare program to reduce vehicle GHG emissions and parking spaces. • Vail took the lead to work on an RFP for a regional carshare pilot program including the communities of Vail, Avon, Minturn and Eagle County. • A potential vendor, Colorado CarShare, was chosen from the RFP process. However, the pilot program needs more data collection and a feasibility study to move forward. • Avon remains interested in a regional carshare collaboration and is actively exploring grant funding to further this goal. Vehicle Idling Prevention Education Promote awareness and support to minimize vehicle idling • No additional steps were taken during May – June 2024. Employee Carpool Program Incentivize and encourage sustainable transportation options for Town employees • The reimbursement rate was increased to $0.67/mile effective February 2024. • Sustainability continues to approve and track monthly carpool reimbursements. Water Conservation Storm Drain Art Installation Provide education on water and riparian ecosystem conservation right next to storm drain locations across Avon. • All the storm drain art for 2024 had been renewed on May 15 at 18 locations across Avon. Monitoring Water Projects in other Departments and region Stay informed about water projects and where Sustainability can assist • Eagle River Coalition presented the new Community Water Plan to Council on June 11. Staff will discuss appropriate department goals for 2025 to support this plan. Climate Action Planning County-wide Net Zero Modeling & Climate Action Plan Update Update the Eagle County Climate Action Plan’s strategies to reflect the goal of net zero by 2050. • With the support of Vail, Avon, Eagle County, the CAC began net zero modeling work with Lotus on June 18. • The goal is to eventually update the Eagle County Climate Action Plan to a target of net zero by 2050, which aligns with the IPCC and Colorado State goal. • Avon contributed $3,075 for this work. Climate Equity Plan Understand needs of Eagle County residents for climate action to ensure • Walking Mountains/CAC were awarded the Environmental Justice Grant from the CDPHE. The work entailed hiring a bilingual sustainability coordinator, deploying a county-wide survey for Page 5 of 5 environmental justice understanding climate equity needs, conducting focus-group interviews, and compiling a final report. • The eventual goal is to write a Climate Equity Plan to accompany the updated Climate Action Plan. Education & Communication Sustainability Education & Marketing Increase awareness, support and implementation of Sustainability programs and policies • Two new pages related to climate have been created: Wildfire Prevention and Climate & Public Health. • Continue to update other climate & sustainability pages on Avon.org. • Continue to plan and create evergreen content to promote awareness of all Avon’s sustainability programs. • Avon Sustainability has been active in education on the state and national level, including speaking on an ICLEI USA panel to speak about “Safeguarding Public Health in a Changing Climate”, as well as on the panel of Conservation Colorado’s launch of “Building a Sustainable Movement” Environmental Justice Leadership Toolkit. Sustainability Grants Continue Managing a Grants Program for Sustainability and Climate Programs Establish a consistent and comprehensive grants program to advance climate action across departments. • The RREO (Recycling Resources Economic Opportunity) Program for a Styrofoam densifier unit was awarded in March and the fund will be available in July. • Monitoring grants for the purposes of composting and a carshare program with our grant consultant, Sustainable Strategies. • Working with Vail on conducting a feasibility study for • Staff carefully review the Colorado Priority Climate Action Plan to ensure that Avon can qualify for potential sub-grants from the CEO as they become available. Climate Communities Monitor & Support Council Advocacy for Climate Legislation Maintain regular communication and participation with CC4CA to stay informed about climate legislation updates and priorities. • Colorado Communities for Climate Action (CC4CA) hosted their annual retreat in Vail on June 10 and 11. • Avon contributed $1,500 towards the retreat. • CC4CA provided an extensive policy update and legislative accomplishments in Direct Greenhouse Gas Emissions, Solid Waste, Community Transitions, Climate Resilience, and Local Capacity (Attachment A). Thank you, Charlotte Attachment A: CC4CA Policy Update June 2024 (Shortened Retreat Slide Deck) Annual Accomplishments 9 CC4CA Welcomes its 43rd Member! ▪ Adams County ▪ Aspen ▪ Avon ▪ Basalt ▪ Boulder ▪ Boulder County ▪ Breckenridge ▪ Broomfield ▪ Carbondale ▪ Clear Creek County ▪ Crested Butte ▪ Dillon ▪ Durango ▪ Eagle County ▪ Edgewater ▪ Erie ▪ Fort Collins ▪ Frisco ▪ Gilpin County ▪ Glenwood Springs ▪ Golden ▪ Lafayette ▪ Lake County ▪ Larimer County ▪ Longmont ▪ Louisville ▪ Lyons ▪ Mountain Village ▪Nederland ▪Northglenn ▪Ouray County ▪Pitkin County ▪Ridgway ▪Superior ▪Telluride ▪Vail ▪Wheat Ridge ▪Winter Park ▪Routt County ▪Salida ▪San Miguel County ▪Snowmass Village ▪Summit County 10 CC4CA 3-5 Year Focus Areas ●Direct Greenhouse Gas Emissions ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Note: When the Focus Areas were developed in 2021, the Policy Committee chose to embed equity into each as opposed to creating a separate Focus Area. 11 Accomplishments - Direct Greenhouse Gas Emissions ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Carbon-free Electricity: ●CEO Roadmap 2.0 ●Xcel’s ERP accelerates coal plant retirements - work ahead ●Xcel Clean Heat Plan (not final) - includes gas only customers, no hydrogen, 6x increase in all electric new construction budget, and much more ●Legislative ○SB24-207 - Community Solar - Passed ○SB24-212 - Renewable Energy Siting - Study - Passed ○SB24-218 - Modernize energy distribution systems - Passed Above: Editorial from Mayor Joan Peck (Longmont) in the Daily Camera regarding Xcel’s Clean Heat Plan; Right: Council Member Jean Lim (City and County of Broomfield) at the signing of SB24-207 12 Accomplishments - Direct Greenhouse Gas Emissions ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Clean Mobility: ●Advanced Clean Trucks and Colorado Clean Cars II ●Legislative ○Concerning Methods to Increase the Use of Transit (SB-32) - passed ○Vulnerable Road User (SB-36 & SB-195) - PI’d & passed ○Oil and Gas Production Fees (SB-230) - passed ○Transit Reform ( HB-1447) - PI’d ○Support Surface Transportation Infrastructure Development (SB-184) - passed ○State Vehicle Idling Standard (HB-1341) - passed Advanced Clean Trucks Hearing with Commissioner Matt Scherr (Eagle County), Matt Salisbury (Denver), Samantha R. Caravello (KK), Cindy Copeland (Boulder County), and Anita Seitz Commissioner Nina Waters (Summit County) advocating for amendments to HB24-1173 President Katherine Goff (Northglenn) at the signing after securing key amendments 13 Accomplishments - Direct Greenhouse Gas Emissions ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Clean Buildings and Industry: ●CEOs Solar for All ●Building Performance Standards & GEMM2 adopted ●Legislative ○SB24-218 - Modernize Energy Distribution Systems - Passed ○HB24-1370 -Non-pipeline alternatives - Passed ○HB24-1339 - Disproportionately Impact Community Air Pollution ○HB24-1352 - Appliance Requirements & Incentives ○SB24-085 - Sales and use tax rebate for digital asset purchases (data centers) - PI’d Statewide Building Performance Standards Hearing (Left to Right): Anita Seitz, Collin Tomb (Boulder County), Tricia Canonico (Fort Collins), Olivia Lucas (Boulder County) 14 Accomplishments - Direct Greenhouse Gas Emissions ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Decarbonizing the Oil and Gas Industry: ●GHG Intensity Rulemaking and subsequent protocol development ●Legislative ○HB24-1367 - Repeal severance exemption for stripper wells - PI’d as a part of the grand deal ○HB24-1346 - Energy & Carbon Management Regulation (Passed) Council Member and Policy Committee Chair Laurie Anderson (Broomfield) preparing to speak at a press conference related to HB24-1357 regarding pipeline safety, which was ultimately lost on the calendar. 15 Accomplishments - Direct Greenhouse Gas Emissions ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Other Carbon Reduction Strategies Part One - Ozone: ●Ozone SIP and Regulation 29 (Lawn and Garden) ●Ozone bills mostly died in 2023 → Interim ozone committee (Fall 2023) ●HB1330, SB165, SB166 developed with the ozone coalition ●“Grand Bargain” ○Legislative/ballot measure armistice between industry & enviros ○O&G impact fee for transit (SB24-230) ○Ozone protections (SB24-229) ●HB24-1338 - Cumulative Impacts and Environmental justice Far Left: Council Member Renee Chacon (Commerce City); President Goff (Northglenn) and Jacob Smith at the Interim Ozone Committee Left: Ozone Coalition Steering Committee meets with bill sponsors 16 Accomplishments - Direct Greenhouse Gas Emissions ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Other Carbon Reduction Strategies Part One - Land Use: ●GHG Roadmap 2.0 ●Legislative ○Sustainable Affordable Housing Assistance (SB-174) - passed ○Transit Oriented Communities (HB-1313) - passed ○Parking Minimums (HB-1304) - passed ○EV Charging Permitting (HB-1173) - passed Anita Seitz advocating for CC4CA members on SB24-174 17 Accomplishments - Solid Waste ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Solid Waste: ●Extended Producer Responsibility - Needs Assessment and Adoption by the Joint Budget Committee! ●Legislative ○SB24-150 Processing Municipal Solid Waste - Passed but then Vetoed ○HB24-1449 - Circular Economy - Secured Amendments & Signed! Numerous opinion pieces were published (clockwise from the upper right): Council Member Jean Lim in Colorado Politics (City and County of Broomfield); Council Member Tricia Canonico in Colorado Politics (Fort Collins); President Goff (Northglenn) and Kevin Bommer (CML) in Denver Post; Commissioner Matt Scherr (Eagle County) in Vail Daily; Mayor Pro Tem Kelly Owens in Summit Daily (Breckenridge) 18 Accomplishments - Community Transitions ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Community Transitions: ●Mountain Rail - seeking federal funding ●Legislative ○HB24-1410 - Changes to Just Transition Office - Passed ○SB24-190 - Rail & Coal Transition Community Economic Measures - Passed Opinion piece by Commissioner Sonja Macys (Round County) in Colorado Politics 19 Accomplishments - Climate Resilience ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Climate Resilience: ●CC4CA joined CHI’s Acclimate Colorado Action Team and Western Adaptation Alliance Leadership Team ●Legislative ○Regenerative Ag - SB24-152 created a tax credit for regenerative agriculture practices - lost on the calendar ○Green Infrastructure - SB24-037 studied green infrastructure for water quality management ○Wildfire Resilience ■HB24-1006 assisted rural community wildfire-related grant applications ■HB24-1091 Prevents HOAs from restricting homeowners from installing fire-hardened materials ■HB24-1300 Wildfire Mitigation - PI’d Commissioner Jake Niece (Ouray County) wears many hats - not only did he testify on wildfire resilience bills, but he has fought wildfires in Colorado as well. 20 Accomplishments - Local Capacity ●Direct Greenhouse Gas Emissions ○Carbon-free electricity ○Clean mobility ○Clean buildings and industry ○Decarbonizing the oil and gas industry ○Other carbon reduction strategies ●Solid Waste ●Community Transitions ●Climate Resilience ●Local Capacity Key Accomplishments - Local Capacity: ●Federal Funding Concierge ●Annual Board Retreat - we’re here! ●Policy Committee work on emerging policy areas ●Membership Development Ad-Hoc Working Group (nearly there) ●6 briefings already in 2024 with ~170 members attending Membership Ad Hoc Working Group Meeting in 2023 Opinion piece in Colorado Politics regarding Federal Funding by Commissioners Emma Pinter, Steve O’Dorisio, and Eva Henry (Adams County)21 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Phillips and Council members FROM: Danita Dempsey, Culture, Arts & Special Events Manager RE: Special Events Marketing Update DATE: June 21, 2024 SUMMARY: This report provides an update on the 2024 Approved Budget to market and promote special events and the tactics used to advertise and promote the Town’s 2024 special events. This is a submitted as a written report and no action by Council is requested. BACKGROUND: During the CASE Council Work Session on October 24, 2023, Staff provided information on (1) how the Town produced events are advertised, marketed, and promoted (2) and how the tactics used, performed. As discussed during the Work Session, the goal of our community-oriented marketing campaign is to increase guest attendance and brand awareness. Increased guest attendance correspondingly increases concession sales, fosters a sense of place through memorable experiences, builds our community fabric, and boosts our brand awareness. Building brand awareness also includes but is not limited to creating recognizable experiences (i.e., signature events, AvonLIVE!), increasing traffic to our websites, gaining more social followers and higher engagement from those followers. Additionally, during this Work Session, the Council discussed the 2024 Proposed Budget for CASE, and provided direction to use the $21,000 from the discontinuation of the Summers End Event to further support the marketing and promotions of special events in 2024. Furthermore, the Town Manager provided later directions to place $11,000 into advertising and marketing special events and the place the remaining $10,000 of the $21,000 into contingency funds. This is reflected in the 2024 Approved Budget. EVENT MARKETING & TACTICS: The 2024 Approved Budget for advertising special events is $65,971.25, 94% of which is planned and spread across numerous media and tactics, the remaining 6% is currently unplanned. Additionally, the 2024 Approved Budget includes approximately $31,509 for creative design, printing, and photography all of which support the marketing of our events programs. The mediums and tactics employed to advertise, market, and promote Town produced special events are categorized as (1) Local Advertising and (2) Regional/ Branding. About the Local Advertising, it is important to mention that while we maximize our reach by using Avon.org, Discoveravon.org, our electronic newsletter, our social channels, community calendars, light pole banners, posters, Avon Road digital sign, and by providing our transit drivers with special event talking points, these tactics do not have a direct ad buy cost. Moreover, our printed collateral pushes our guests to Avon.org via QR codes. And our digital collateral pushes our guest to Avon.org via “Learn More” and/or “More Info” prompts. Examples of the printed and digital collateral are provided as Attachment A. About the Regional/Branding Advertising, it is important to note that the 2024 Approved Budget included developing the Best of the West brand and refining the Heart & Soul Festival brand to begin “creating buzz” with advertising and promotions beginning in late fall/winter 2024 and early 2025. Therefore, the $11,000 ($5,500 each) in the 2024 Approved Budget to market and promote Best of the West and Heart & Soul Festival has been partially assigned for Best of the West only with ads planned for December 2024 on both Westward.com and 5280.com. These funds may be used to advertise the January 2025 event, “Fireworks in Avon” instead. Page 2 of 4 1. The Local Advertising accounts for approximately 82% of the 2024 Approved Budget and includes the Vail Daily and Summit Daily in print, digital, radio, and purchased ad on Town social channels. 2. The Regional Branding accounts for approximately 12% of the 2024 Approved Budget and includes Bands in Town (targeted email campaign), Mountain Town Magazine (print and digital), 5280.com (digital), and Westard.com. (digital). 3. 2024 SPEND: The funds spent on Local Advertising, Table 1, and Regional Brand; Table 2 are provided below. The “Sponsorship/Trade Value” reflected within relates to the value received from media sponsors and provided in trade for exposure on event collateral such as posters, print advertising, and/or booth space at events. When applicable, spend by percentage spent on print and digital tactics are also tracked. Table 1 TOTAL VAIL DAILY CASH SPEND:36,539.50$ Sponsorship / Trade Value 9,134.88$ TOTAL VALUE:45,674.38$ % of Cash Spend Tactics Print 18,259.50$ 50% Digital / Programmatic 18,280.00$ 50% TOTAL AMT CASH SPEND:5,950.00$ Sponsorhip / Trade Value $ 7,200.00 TOTAL VALUE:13,150.00$ TOTAL KZYR CASH SPEND:7,700.00$ Sponsorhip / Trade Value 8,550.00$ TOTAL VALUE:16,250.00$ Weez or Steve is emcee at Salute Danita has Last DJ slot on 1/12 and 6/28 TOTAL AVON SOCIAL CASH SPEND 3,750.00$ LOCAL ADVERTISING SPEND Page 3 of 4 Table 2 As said above, multiple tactics are used to market, advertise, and promote the Town produced events, these tactics are listed below: 1. LOCAL ADVERTISING TACTICS: No Ad Buy Cost a. Avon.org and Discoveravon.org event landing pages b. Social Media – DiscoverAvon Instagram and DiscoverAvon Facebook (reels, stories, posts, events) c. Community Calendars (i.e., visitvailvalley.com and vaildaily.com) d. Press Releases through Civic Plus e. Electronic Newsletter f. Avon Road Banners g. Avon Road Digital Sign h. Events Posters 2. LOCAL ADVERTISING TACTICS: Ad Buy Costs a. Social Media – DiscoverAvon Instagram and DiscoverAvon Facebook ad buys b. Radio Spots and DJ Mentions TOTAL OTHER DIGITAL FEE BASED 1,000.00$ Sponsorhip / Trade Value -$ TOTAL VALUE:-$ % of Cash Spend Tactics Programmatic Display -$ 0% Digital 1,000.00$ 100% 100% TOTAL MOUNTAIN TOWN CASH SPEND:2,750.00$ New Sponsorhip / Trade Value -$ TOTAL VALUE:2,750.00$ H&S Not Reflected % of Cash Spend Tactics Print 1,100.00$ 40% Digital (Enewsletter & Magazine)750.00$ 27% Social (cross promotions)795.00$ 29% Event Calendar Inclusions 105.00$ 4% 100% TOTAL WESTWARD CASH SPEND:1,080.00$ New Sponsorhip / Trade Value -$ TOTAL VALUE:1,080.00$ % of Cash Spend Tactics Print -$ 0% Programmatic Display 1,080.00$ 100% Digital (Email Marketing)-$ 0% Social -$ 0% H&S Not Reflected 100% TOTAL 5280 CASH SPEND:3,000.00$ New Sponsorhip / Trade Value -$ TOTAL VALUE:3,000.00$ % of Cash Spend Tactics Print -$ Programmatic Display 1,750.00$ 58% Digital (Enewsletter & EBlast)-$ 0% Social 1,250.00$ 42% 100% REGIONAL BRANDING ADVERTISING SPEND Page 4 of 4 c. Vail Daily and/or Summit Daily print, digital (vaildaily and summitdaily.com), Facebook Device ID and Programmatic. i. Print advertising in the Vail Daily and Summit Daily ii. Includes Spanish for Egg Hunt, Town Clean Up and Sustainability Fair, Lakeside Cinema, and Cars in the Park. iii. Summit Daily includes Fireworks in Avon, Salute to the USA, Cars in the Park, and Paddle Battles. iv. Digital includes multiple ads and ad sizes for multiple devices, animated and/or static, on Vaildaily.com and Summitdaily.com. v. Facebook Device ID is ads served via Facebook by device location (geofencing, not in real time) such as Dillon Amphitheater, Mission Ballroom, and Red Rocks. This tactic is used for AvonLIVE!, Salute to the USA and Best of the West. vi. Programmatic Display ads are placed on multiple websites and/or apps based on behavior, content, and demographics to reach our audience whenever or wherever. Behavior targets people such as those interested in the New York Times and USA Today for example. And content targets those interested in live music for example. This tactic is used for SunsetLIVE!, AvonLIVE!, Salute to the USA, Cars in the Park, and Best of the West. 3. REGIONAL BRANDING ADVERTISING TACTICS: a. Bands in Town – 10,000 email campaign to targeted groups and used for AvonLIVE! and Salute to the USA. b. Mountain Town Magazine / Digital – Issue #40, June 1 through September 30 i. Print ½ page advertising in Mountain Town Magazine celebrating 10-Years of AvonLIVE! ii. Digital ½ page advertising in Mountain Town Magazine on-line. iii. Social media cross promotions on Mountain Town social channels. iv. Event calendar inclusion on AvonLIVE! on Mountain Town Magazine event calendar c. Westward.com – Programmatic display ads placed to run December 1–31, 2024 to create buzz for Best of the West or reallocated to Fireworks in Avon d. 5280.com – i. Programmatic display ads are planned to run December 1–31, 2024 to create buzz for Best of the West. ii. Social media on 5280.com (Culture, Adventure and News sections) ads are planned to run December 1–31, 2024 to create buzz for Best of the West or reallocated to Fireworks in Avon Staff will present a full recap of the special events advertising and marketing as well as related performance analytics later this year. Thank you, Danita. ATTACHMENT A – 2024 Event Marketing Collateral Examples Title of Presentation Date 2024 EVENT MARKETING COLLATERAL EXAMPLES 6/24/2024 Danita Dempsey, CASE Manager ATTACHMENT A 2024 Event Marketing Collateral Examples 6/24/2024 PRINTED COLLATERAL: POSTERS AND PRINT ADVERTISING DIGITAL COLLATERAL: ANIMATED GIFs 2024 Event Marketing Collateral Examples 6/24/2024 DIGITAL COLLATERAL: ANIMATED GIFs 2024 Event Marketing Collateral Examples 6/24/2024 2024 EVENT MARKETING COLLATERAL EXAMPLES 6/24/2024 Danita Dempsey, CASE Manager, ddempsey@avon.org 970-748-4065 2024 Event Marketing Collateral Examples 6/24/2024