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TC Packet 09-10-2024_____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, September 10, 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. CONSENT AGENDA 5.1. Approval of August 27, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Resolution 24-23: Appointing Nina Williams as Town Attorney (Town Clerk Miguel Jauregui Casanueva) 5.3. Action on Trench, Conduit, and Vault (TCV) Agreement for Transformer Relocation at Nottingham Lower Athletic Field (Town Engineer Nicole Mosby) 6. BUSINESS ITEMS 6.1. PUBLIC HEARING: Second reading of Ordinance 24-13: Amending the Avon Municipal Code Regarding Dogs at Events (General Government Fellow Arnell Wade) 6.2. PUBLIC HEARING (QUASI-JUDICIAL): Major Development Plan Approval Harry A. Nottingham Park project (Community Development Director Matt Pielsticker) 6.3. Presentation: Recreation Department Updates & Park Improvements (Recreation Director Michael Labagh) 6.4. Notice of Award: Avon Regional Transportation Facility (ARTF) HVAC Improvement Project (Public Works Director Eva Wilson) 6.5. Work Session: Introduction to Avon Housing Authority and Community Housing Financing (Town Manager Eric Heil and Chief Financial Officer Paul Redmond) 7. WRITTEN REPORTS 7.1. August 26th Planning & Zoning commissions Meeting Abstract (Planner II Max Morgan) 7.2. Planning & Zoning Commission Vacancy Update (Planner II Max Morgan and Community Development Director Matt Pielsticker) 7.3. Abandoned Construction Remedy (Community Development Director Matt Pielsticker) 7.4. Salute to the USA 2024 Recap (CASE Manager Danita Dempsey) 7.5. Update on 3 Mile Planning Process (Community Development Director Matt Pielsticker) 7.6. Disclosure of Gifts Received (Town Clerk Miguel Jauregui Casanueva) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION 9.1. For the purpose of conferencing with the Town Attorney for the purpose of receiving legal advice _____________________________________________________________________________________ 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 INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST. REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT. on specific legal questions under C.R.S Section 24-6-402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiation, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e), and the following additional details are provided for identification purposes: legal advice and discussion of potential updates to certain deed restriction agreements. 9.2. For the purpose of conferencing with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S Section 24-6-402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiation, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e), and the following additional details are provided for identification purposes: agreements with and potential claims against Freeman Signs, Inc., and discussion of next steps and negotiation parameters. 10. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 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 August 27, 2024, Council regular meeting to order at 5:10 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilor RJ Andrade was absent. They were joined in person by Town Manager Eric Heil, General Government Manager Ineke de Jong, Town Clerk Miguel Jauregui Casanueva, Avon Rec Director Michael Labagh, Chief Financial Officer Paul Redmond, Public Works Director Eva Wilson, Community Development Director Matt Pielsticker, Sustainability Coordinator Sarah Smith Hymes, and Avon Police Chief Greg Daly. Town Attorney Nina P. Williams joined the meeting virtually. 2. APPROVAL OF AGENDA Video Start Time: 00:10:26 Mayor Phillips initiated the meeting with the Agenda approval process. Councilor Thuon motioned to approve the Agenda, as presented. Councilor Stanley 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: 00:10:51 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:11:05 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. Tim McMahon, resident of Avon, took the podium in person to state that the new Avon Elementary speed signs need improvements and appear inconsistent on opposite sides of the roadway. He also spoke of the high rate of suicide in the County and his request for Council to contact CDOT to ask for the installation of suicide netting or fencing at the green bridge in Red Cliff to prevent future suicides in the Valley. Mr. JK Perry with High Five Access Media took the podium in person to update Council on their recent programs and events, including their summer camp in Avon, the recently launched closed captioning service for recordings of Council Meetings, an $80,000 NPI DOLA grant that they recently received which will help with infrastructure and fundraising, an electoral Council candidate forum coming up soon, and plans to celebrate their 40th-year anniversary in 2025. No other public comment was made in person nor virtually. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 5. CONSENT AGENDA Video Start Time: 00:22:19 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 5.1. Approval of August 13, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Resolution 24-22: Approving a Grant of PEG Funds (Chief Financial Officer Paul Redmond) Without further deliberations, Councilor Stanley presented a motion to approve the Consent Agenda. Councilor Thuon seconded the motion. It was approved unanimously with a 5-0 vote of those present, with Councilor Hardy briefly stepping out of the room at the time of voting. 6. BUSINESS ITEMS 6.1. Presentation: Eagle Valley Community Foundation Update (EVCF Director of Development and Marketing Grace Anschutz) Video Start Time: 00:23:25 Eagle Valley Community Foundation Director of Development and Marketing Grace Anschutz and Annual Giving Manager Alex Kandalaft delivered a presentation updating Councilors on the most recent programs and activities at the Eagle Valley Community Foundation (EVCF). As this was a presentation to Council, no motion was requested. 6.2. PUBLIC HEARING: Second Reading Ordinance 24-12: Use Tax Ballot Question (Chief Financial Officer Paul Redmond) Video Start Time: 00:41:57 Chief Financial Officer Paul Redmond delivered a presentation related to the second reading of Ordinance 24-12. Town Manager Eric Heil asked that the ballot language included in the report relative to the $125k materials exemption be amended to remove “a calendar year” and replace it with “construction materials”. Mayor Phillips opened the floor to public hearing and no public comment was made in person nor virtually. Councilor Carroll asked Town Manager Heil to explain how the Fair Campaign Practices Act comes into play after this Ordinance gets approved. After deliberations, Councilor Stanley motioned to approve the second reading of Ordinance 24-12. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.3. PUBLIC HEARING: Second Reading Ordinance 24-14: Approving Excel Franchise Agreement (Town Manager Eric Heil) Video Start Time: 00:58:14 Town Manager Eric Heil introduced the topic of the second reading of Ordinance 24-14. Mayor Phillips opened the floor to public hearing and no public comment was made in person nor virtually. After brief deliberations, Mayor Pro Tem Underwood motioned to approve the second reading of Ordinance 24-14. Councilor Stanley seconded the motion. It was approved AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 unanimously with a 6-0 vote of those present. 6.4. Approval of Cost Sharing Agreement with Traer Apartments for Construction of Recreation Trail (Town Manager Eric Heil) Video Start Time: 01:00:55 Town Manager Eric Heil delivered a presentation related to the approval of a Cost Sharing Agreement with Traer Apartments for the construction of a recreation trail. Mayor Pro Tem Underwood asked if this form of Cost Sharing Agreement has been used successfully in the past and was advised the Town has not, but it was put together by Town Attorney Nina P. Williams and Town Manager Heil is satisfied with its form, albeit a new form of cost-sharing agreement for the Town’s future use. He highlighted that the Town will not be responsible for maintaining retaining walls in this trail which will produce future savings. Councilor Carroll asked questions around paragraph 6 of this agreement. Councilor Stanley asked if this type of cost sharing agreement is common and was advised this is the first of its kind for Avon but there will be more like it as Avon continues to expand and partner in new projects such as the one for the new water tank. Town Manager Heil added this is not a form of contract and each situation will receive a more tailored agreement. Mayor Phillips asked that this project be completed prior to issuing any temporary certificate of occupancy or certificate of occupancy for the apartments. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Thuon motioned to approve the signing of a Cost Sharing Agreement with Traer Apartments for the construction of a recreation trail. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.5. Work Session: Donorship to Support the MT2030 Foundation Community Campaign (Sustainability Coordinator Sarah Smith Hymes) Video Start Time: 01:09:31 Sustainability Coordinator Sarah Smith Hymes delivered a presentation related to the request for a donorship to support the MT2030 Foundation Community Campaign. She asked for Council to consider a contribution of $5,000 to join the inaugural Mountain Town 2030 Foundation Community Campaign. She summarized that MT2030 was founded on the principle that mountain communities can be powerful drivers of real climate action. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Thuon motioned to support the inaugural MT2030 Foundation Community Campaign with funds coming from the Sustainability Budget. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 6.6. Approval of All-Electric Public Works Garage and update on Photovoltaics and Battery Storage for Swift Gulch (Town Manager Eric Heil and Public Works Director Eva Wilson) Video Start Time: 01:19:10 Town Manager Eric Heil introduced the topic of the all-electric Public Works Garage, and updated Council on the use of photovoltaics and battery storage for Swift Gulch. He summarized the financial impacts and implications of an all-electric facility. Councilor Thuon spoke in favor of the proposal even if it brings unknown costs and requires a lot of estimating and was joined by Councilor Stanley who also asked what could go wrong. She was advised that Mayor Phillips opened the floor to public comment and Ms. Kim Schlaepfer, resident of Avon, took the podium virtually to thank Council and Staff for working hard finding the right solution for electrification of this facility to address climate change and asked Council to support this change. She stated it is well proven that natural gas is no longer essential, and it demonstrates Avon’s commitment to the environment by building sustainable public facilities. No other public comment was made in person nor virtually. After deliberations, Councilor Hardy motioned to approve switching the construction of the Public Works Garage to an all-electric heating system. Councilor Stanley seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.7. Approval of Avondale Design Work (Community Development Director Matt Pielsticker) Video Start Time: 01:34:52 Community Development Director Matt Pielsticker delivered a presentation related to the approval of the Avondale design work. He provided a historical recap of the project to Council. Town Manager Eric Heil explained how this process works in tandem with the PUD amendment to shorten the time frame to complete this development. Mayor Pro Tem Underwood asked if this project was designed to allow for prefab and stick built and was advised it was. She added that the design example in packet page 235, it showcases white as a preferred color and received confirmation that the Town will not pursue white exteriors for this project. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Stanley motioned to approve Amendment No. 5 with Site Architects to proceed to Preliminary Design in amount not to exceed $41,000. Councilor Hardy seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.8. Work Session: Homelessness / Unhoused (Town Attorney Nina Williams) Video Start Time: 01:44:21 Town Attorney Nina Williams introduced the topic of current Code regulations applicable to homelessness in Avon. Councilor Stanley asked what prompted this work session, and was advised it is a hot topic based on a recent Supreme Court resolution related to the unhoused. Councilor Thuon reflected on the fact that people don’t choose to be homeless and wondered if the Town could be a trendsetter in adding a compassionate statement in the ordinance. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 Town Manager Eric Heil summarized the resources being used by the Avon Police Department to tackle the issue with empathy and positive long -term solutions. Mayor Pro Tem Underwood asked for a compassionate tone in the recitals of any ordinance addressing this issue. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. Consensus from Council was to move forward with Option 3 presented in the packet. 6.9. First reading of Ordinance 24-13: Amending the Avon Municipal Code Regarding Dogs at Events (General Government Fellow Arnell Wade) Video Start Time: 02:00:40 Town Manager Eric Heil introduced the topic of the first reading of Ordinance 24-13. General Government Fellow Arnell Wade delivered a presentation related to Ordinance 24-13. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Councilor Stanley motioned to approve the second reading of Ordinance 24-13. Councilor Thuon seconded the motion. It was approved unanimously with a 6-0 vote of those present. 6.10. Fitness Court Update (Recreation Director Michael Labagh) Video Start Time: 02:06:15 Recreation Director Michael Labagh delivered an update on the status of the Fitness Court. Town Manager Heil noted it is almost impossible to keep kids away and the Town and CIRSA are exploring different alternatives to minimize the Town’s risk and exposure. Mayor Phillips asked that the Town try one last time to find a way to donate this athletic equipment to a community that may want it. Councilor Thuon asked how long it would take to dispose of this equipment and was advised Staff is exploring how to most effectively dispose of this equipment. Councilor Hardy reminded staff this was originally planned to be a picnic pavilion and encouraged staff to go back and explore that use. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a presentation to Council, no motion was requested. 7. WRITTEN REPORTS 7.1. Monthly Financials (Senior Accountant Dean Stockdale) 7.2. Monthly Public Operations Update (Operations Manager Gary Padilla) 7.3. Bi-Monthly Sustainability Update (Sustainability Manager Charlotte Lin) 7.4. Upper Eagle Regional Water Authority July 25, 2024 Meeting Summary (Mayor Pro Tem Tamra Underwood) 7.5. Council Chambers Audio Visual Upgrade Project (Chief Information Officer Robert McKenner) ** Indicates topic will be discussed at future agenda’s AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:21:07 Councilor Stanley stated that tomorrow, August 28, 2024 is the last AvonLive! and invited the public to attend from 6:00 p.m. to 9:45 p.m. She also reminded the public that this is the last week for SunsetLIVE! and Lakeside Cinema. Councilor Carroll asked Town Clerk Jauregui when the Town will send out a press release announcing the Council candidates that will be on the ballot and was advised it will take place this week. He also thanked the organizers in Town for the annual Cars in the Park event. Councilor Thuon wished everyone a happy end of summer. Mayor Phillips stated that Councilor RJ Andrade is her alternate at CORE Transit and she as primary and he as alternate will be both be ending their tenure on that Board in December. She asked staff to facilitate that Councilor Carroll become her new alternate so that the Town receives continuity of representation at the CORE Transit Board. Mayor Pro Tem Underwood invited the public to attend the community picnic on Thursday, September 12, 2024, from 5:30 to 7:30 p.m. at Nottingham Park. 9. EXECUTIVE SESSION Video Start Time: 02:28:55 Mayor Phillips requested a motion from her fellow councilors to proceed into Executive Session. Mayor Pro Tem Underwood motioned to retire into Executive Session for the purpose of conferencing with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S Section 24-6-402(4)(b), and for the purpose of determining positions relative to matters that may be subject to negotiation, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e), and the following additional details are provided for identification purposes: Legal advice and potential negotiating parameters concerning State Land Board annexation and other related matters. Councilor Carroll seconded the motion. It was approved unanimously with a 6-0 vote of those present. The time was 7:30 p.m. At the roll call, all members of Council were present. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Nina Williams, Chief Administrative Officer Ineke de Jong, Chief of Police Greg Daly, Deputy Chief of Police Coby Cosper, Finance Director Paul Redmond, and Planning Director Matt Pielsticker. The Executive Session started at 7:38 p.m. The Executive Session ended at 8:22 p.m. AVON REGULAR MEETING MINUTES TUESDAY AUGUST 27, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 7 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:22 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 970.748.4001 mjauregui@avon.org TO: Honorable Mayor Amy Phillips and Council FROM: Miguel Jauregui Casanueva, Town Clerk RE: Resolution 24-23 – Appointing Nina P. Williams as Avon Town Attorney DATE: September 4, 2024 SUMMARY: Attached for Council’s review is Resolution No. 24-23 Appointing Nina P. Williams, Founder and Managing Partner of the local government law firm of Wilson Williams LLP as the Town Attorney for the Town of Avon. There was no modification to the retainer agreement currently in effect with the law firm of Wilson Williams LLP to retain Ms. Williams’s legal services, approved under Resolution 23-22. BACKGROUND: Nina P. Williams is founder and partner of local government law firm Wilson Williams LLP. Ms. Williams previously served as Special Counsel at the municipal law firm Murray Dahl Beery & Renaud LLP. She currently serves as City Attorney for Salida, Fort Morgan and Woodland Park. She is the Town Attorney for Fairplay and the Interim Town Attorney for the Town of Avon. Ms. Williams has ample experience representing boards of adjustment, historic preservation commissions, zoning boards of appeals and planning commissions as special counsel. She also specializes in land use code diagnosis, analysis, revision and drafting to implement local planning and housing goals. Ms. Williams also served as principal law clerk for the New York State Supreme Court, where she specialized in election law, open records, real estate and Rule 106-like appeals. Per the Town of Avon’s Home Rule Charter Chapter X, Section10.1, Council is required to appoint a Town Attorney for the legal representation of the Town of Avon. RECOMMENDATION: I recommend appointing Nina P. Williams as Town Attorney, and continuing the engagement of the law firm of Wilson Williams LLP under the terms of the retainer in effect, attached to Resolution 23-22. PROPOSED MOTION: “I move to approve Resolution No. 24-23 Appointing Nina P. Williams as the Avon Town Attorney.” Thank you, Miguel ATTACHMENT A: Resolution 24-23 Appointing Nina P. Williams as Town Attorney ATTACHMENT B: Resolution 23-22 Appointing Nina P. Williams as Interim Town Attorney Res 24-23 Appointing Nina P. Williams as Avon Town Attorney September 10, 2024 Page 1 of 1 RESOLUTION 24-23 APPOINTING NINA P. WILLIAMS AS AVON TOWN ATTORNEY WHEREAS, the Home Rule Charter of the Town of Avon states in Chapter X, Section 10.1, that the Council shall appoint a Town Attorney to serve at the pleasure of Council, who shall be admitted to practice in Colorado and shall have been in active practice at least five years prior to appointment; and WHEREAS, the Town of Avon previously solicited proposals for legal services, received a proposal from Nina P. Williams, Founder and Managing Partner of the local government law firm Wilson Williams LLP, interviewed and appointed Nina P. Williams to serve as the interim Town Attorney; WHEREAS, the Town Council of the Town of Avon desires to appoint Nina P. Williams to serve as Town Attorney; and WHEREAS, the Town Council desires to promote efficient continuity in the office of the Town Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON: 1.The Town Council hereby appoints Nina P. Williams to serve as Town Attorney, effective September 10, 2024. 2.The Town Council hereby approves the continued use and effect of the Retainer Agreement for legal services with Wilson Williams LLP, as attached to Resolution 23-22. ADOPTED on September 10, 2024. AVON TOWN COUNCIL By:_______________________________ Attest:____________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A I\ Avon COLOAAOO RESOLUTION 23-22 APPOINTING NINA P. WILLIAMS AS INTERIM TOWN ATTORNEY WHEREAS, the Home Rule Charter of the Town of Avon states in Chapter X, Section 10.1, that the Council shall appoint a Town Attorney to serve at the pleasure of Council, who shall be admitted to practice in Colorado and shall have been in active practice at least five years prior to appointment; and WHEREAS, the Town of Avon previously solicited proposals for legal services, received a proposal from Nina P. Williams, Founder and Managing Partner of the local government law firm Wilson Williams LLP and interviewed Nina P. Williams; and WHEREAS, the Town Council of the Town of Avon desires to appoint Nina P. Williams to serve as the interim Town Attorney; and WHEREAS, the Town Council desires to promote an efficient transition in the office of the Town Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON: 1.The Town Council hereby appoints Nina P. Williams to serve as the interim Town Attorney effective December 19, 2023. 2.The Town Council hereby approves the Retainer Agreement for legal services with Wilson Williams LLP, attached hereto as Exhibit A and authorizes the Mayor and Town Clerk to execute the Agreement for Legal Services. ADOPTED on December 19, 2023. Exhibit A: Retainer Agreement for Legal Services with Wilson Williams LLP. Res 23-22 Appointing Karl Hanlon Town Attorney November 14, 2023 Page I of I ATTACHMENT B 970-748-4076 NMosby@avon.org TO: Honorable Mayor Phillips and Council members FROM: Nicole Mosby, Town Engineer RE: Holy Cross Energy Agreement - Nottingham Park Trails: Lower Athletic Field DATE: August 30, 2024 SUMMARY: This report presents for Council consideration a Trench, Conduit, and Vault Agreement with Holy Cross Energy (“HCE”) for a transformer relocation and requests Town Council to authorize signature of the Agreement. The transformer relocation is part of the scope of the 2024 Nottingham Park Trails – Lower Athletic Field Improvements Project (“Trails Project”). The Trails Project includes development of a new recreation trail segment from West Beaver Creek Blvd to the Nottingham Park Lower Athletic Field on the northside of railroad right-of-way. The transformer must be relocated ~8 feet to the south to make adequate clear width for the new trail segment. On July 23, 2024, Avon Town Council approved a Holy Cross Energy Underground Right-of-Way Easement Document (“Easement”) for this scope of work. This subsequent Trench, Conduit, and Vault Agreement, included as Attachment A, is HCE’s standard agreement around infrastructure installation responsibilities. Staff requests approval and authorization for the Mayor to sign the Agreement. PROJECT SITE: BACKGROUND: A new segment of recreation trail is currently under construction from West Beaver Creek Blvd to the Nottingham Park Lower Athletic Field between the Union Pacific Railroad Right-of-Way and the Avon Water Treatment Facility. The Trails Project construction is made possible by the correction of the railroad right-of-way boundary on the Correction Plat of Tract G, Block 2, Benchmark at Beaver Creek Final 970-471-4420 nmosby@avon.org Page 2 of 2 Subdivision Plat Amendment no. 4, more fully described at Reception 202409899 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado. Initially, the Plat showed the Union Pacific Railroad Right-of-Way on the plats of Tracts G and P measured from the incorrect set of railroad tracks. Therefore, a Correction Plat of Tract G was recorded to correct this error and document public ownership of this sliver of land. The additional width on the northside allows adequate space to construct the new trail segment only if the existing transformer is relocated approximately eight feet to the south. The transformer is currently in the middle of the proposed trail alignment and serves utilities in the area. This scope of work is contracted for completion under the Trails Project but is awaiting execution of the Easement and this Agreement. DISCUSSION: The attached Trench, Conduit, and Vault Agreement, Attachment A, stipulates standards and responsibilities for the installation of the relocated electrical infrastructure. The Agreement stipulates specification for construction of the trench, conduit, and vault installations such as horizontal and vertical separation from other utilities, trenching specifications, and permitting requirements. It also provides for indemnification, remedy of defective construction, revegetation, and accessibility for maintenance. Finally, the Agreement details the Town’s responsibility for future relocation of facilities. For changes to electrical infrastructure, Owner must agree to install the necessary trenches, conduits, and vault with the materials supplied by HCE. HCE provides the conduit and vault materials, inspects the materials installation, and installs the conductors and transformer. The Owner’s installation of this scope of work as well as coordination and backup power for the transformer down time is provided through the Trails Project Construction Agreement. FINANCIAL CONSIDERATIONS: The costs for this scope are itemized in the 2024 Trail Improvements Project contract at approximately $40,410 plus excavation costs (not itemized for this scope). Funding for this scope of work is currently allocated in the 2024 CIP Budget for the 2024 Trail Improvements Project. PROPOSED MOTION: “I move to approve the Holy Cross Energy Trench, Conduit, and Vault Agreement for the transformer relocation on Tract G of H.A. Nottingham Park and authorize the Mayor to sign the document.” Thank you, Nicole ATTACHMENT A: Holy Cross Energy Trench, Conduit, and Vault Agreement Holy Cross Vault Installation ATTACHMENT B: Holy Cross Energy Vault and Trench Specifications W/O 24-25213:50-63:Avon Nottingham Trail Xfmr Move 7/1/24 KH Page 1 of 3 revised 032124 TRENCH, CONDUIT, AND VAULT AGREEMENT This Agreement is made and entered into this ____ day of _________________________, 20____, between TOWN OF AVON, a Colorado municipal corporation, whose mailing address is PO Box 975, Avon, CO 81620, hereinafter called "Owner" [whether an individual or an entity], and Holy Cross Energy, a Colorado cooperative association, whose mailing address is P.O. Box 2150, Glenwood Springs, Colorado 81601-2150, hereafter called "Holy Cross." Owner and Holy Cross agree as follows: Background: A. Owner requested that Holy Cross provide underground electric facilities, hereinafter called “Facilities”, to serve a project known as Avon – Nottingham Trail Transformer Move, hereinafter called “Project”. B. Owner is required by Holy Cross to provide all excavation, conduit, and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities as provided in its Line Extension Tariff prior to the time that Holy Cross will install its electric system. Any delay in completion of Owner’s duties under this Agreement will delay the installation of the electric system. Owner owns real property described as follows: Tract G, Block 2 situate in Section 11, Township 5 South, Range 82 West of the 6th P.M., as more fully described by the Correction Plat at Reception Number 202409899 in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado, hereinafter called “Property”, which Property is the real property where the Project is being developed. C. Installation of Facilities to serve the Project may require off site trenching or other excavation on certain real property adjacent to the Project described as follows: West Beaver Creek Blvd right-of-way, hereinafter called “Adjacent Land”. 1. Owner shall provide all excavation, conduit, and vault installation, backfill, compaction and cleanup necessary for installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications, and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross. Owner shall comply with all the Tariffs, Rules, Regulations, and Policies of Holy Cross in effect from time to time. a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded private utility easements on Holy Cross’s standard form or within public utility easements usable by Holy Cross. c. The top of all conduits installed hereunder shall be located a minimum of 48” below the final grade of the ground surface. d. A twelve-inch minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities’ conduit separation from plastic gas lines shall be greater than this minimum. e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale on Holy Cross’s standard form. After installation by the Owner and acceptance by Holy Cross, then Holy Cross shall be the owner of the conduit, vaults and related structures and facilities. f. If conduit or vault or both installation provided by Owner for the Project are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit or vault installation being unusable or improperly constructed. 2. Holy Cross possesses the right to specify acceptable work performed hereunder, and Owner shall perform work hereunder as an independent contractor, including without limitation the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the Project. 3. Owner shall obtain all necessary permits and utility locations [811] prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five feet of existing underground electric facilities except under the on-site supervision of Holy Cross. 4. Owner shall indemnify, save, and hold harmless Holy Cross, its directors, officers, employees, and agents, against all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of the Agreement. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder ATTACHMENT A W/O 24-25213:50-63:Avon Nottingham Trail Xfmr Move 7/1/24 KH Page 2 of 3 revised 032124 by the Owner and work performed at the direction of the Owner. If Owner fails to promptly defend Holy Cross, then Owner shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner shall satisfy, pay, and discharge all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner shall promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification shall not apply to state and local governments or special districts. Owner, including any government, shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause and shall name Holy Cross as an additional insured, and the insurance carrier shall waive subrogation. Upon Holy Cross’s request Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair at its expense any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two years beginning on the date backfill and cleanup are completed. 6. Owner at its expense shall stop the growth of thistles and other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two years beginning on the date backfill and cleanup are completed. 7. If Owner shall not promptly complete all Owner’s obligations, then Holy Cross may give written notice to Owner demanding that Owner complete the work and obligations undertaken by Owner under the Agreement. If such work and obligations are not completed within 30 days after the date of such notice to Owner, then Holy Cross may complete the work and obligations. If Holy Cross undertakes to complete the work, then all costs of completion of the work shall be paid by Owner forthwith. 8. Owner shall construct the trench and all Facilities within the trench installed hereunder in the proper easements and at the proper depth below finished grade. Owner shall properly locate and construct the Facilities within the easement. If it is discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. Owner shall ensure that above ground facilities including without limitation: splice vaults, switchgear vaults, and transformer vaults installed hereunder on the Property or Adjacent Land are always accessible by Holy Cross’s boom trucks and other necessary equipment and personnel. The use of 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 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. Owner agrees to maintain the requirements of this Easement and further agrees to correct any violations which may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner’s responsibility to always maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner’s sole responsibility and cost to correct the access and make it acceptable, as determined by Holy Cross. 11. Owner warrants that it is the owner of the Property and that the Property is free and clear of encumbrances and liens of any character, except those held by the following: All those of Record as of the date of this Agreement. Owner shall eliminate the encumbrances or liens on the Property upon demand of Holy Cross.. 12. The promises, agreements and representations made by Owner herein shall be covenants that run with the title to the Property and shall be binding upon the successors in ownership and interest, and assigns, of the Property. This Agreement shall be recorded at Owner’s expense in the county in which the Property is located. 13. The individual(s) signing this Agreement hereby represent that the individual(s) have full power and authority to sign, execute, and deliver this Agreement. [SIGNATURE PAGE TO FOLLOW] W/O 24-25213:50-63:Avon Nottingham Trail Xfmr Move 7/1/24 KH Page 3 of 3 revised 032124 OWNER TOWN OF AVON, a Colorado municipal corporation By: ______________________________________ Title: ____________________________________ 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 Colorado municipal corporation. WITNESS my hand and official seal. ______________________________________________________ My commission expires: Notary Public Address: HOLY CROSS ENERGY By: ______________________________________ David Bleakley, Vice President-Engineering STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this day of , 20 , by David Bleakley, Vice President-Engineering, Holy Cross Energy, a Colorado cooperative association. WITNESS my hand and official seal. ________________________________________________________ My commission expires: Notary Public Address: PAD CENTERED ON VAULT TRANSFORMER ON PAD VAULT CENTERED ON BASE SINGLE PHASE TRANSFORMER VAULT (Round) 1 - 40150 Small Base1 - 40750 4'x4' Round Vault 1 - 40450 Pad, 1Phase -1,100 lbs.-2,500 lbs. -1,200 lbs. 48" 48" 4" 4" 4" 6 5 7 3 56" 56" 1 2 56" 56"10 8 17" 16" NOTES: 1. TYPICAL TRANSFORMER OUTLINE 2. BACK EDGE OF TRANSFORMER OPENING 3. 1" LIFTING HOLE (TOTAL OF FOUR) 5. GROUND LEVEL WITH THE BOTTOM OF PAD 6. BACKFILL TO BE WELL COMPACTED 7. SOIL UNDER BASE TO BE UNDISTURBED OR WELL COMPACTED 8. FOUR KNOCKOUTS (17"X16") WITH 1" OF SEPARATION BETWEEN EACH CONDUIT 10. MULTIPLE CONDUITS SHALL BE EQUAL IN LENGTH 9. CONDUIT(S) SHALL EXTEND 4" INSIDE OF VAULT, SQUARE TO THE VAULT WALL 11. A GROUND ROD SHALL BE INSTALLED ADJACENT TO THE CONDUIT WITH 2" OF SEPARATION, EXTENDING 6" INSIDE OF VAULT, BENT 45 DEGREES AWAY FROM THE CONDUIT 12 11 9 4 8 4. LIFTING HANDLE 12 1" 4 (14" x 26" opening) 12. ALL OPENINGS TO BE SEALED WITH NON-SHRINK GROUT * FOR CONSUMERS INSTALLING SECONDARIES, CABLE TAILS SHALL BE 60" LONG MEASURED FROM TOP OF THE PAD Date Unit 1 PHASEVAULT DESIGN SPECIFICATIONS UM1-3 TRANSFORMER VAULT REVISED 03/26/2024 BY: GW 2024 HOLY CROSS ENERGY CONSTRUCTION SPECIFICATIONS I.TRENCH AND CONDUIT 1. The developer or contractor will contact Holy Cross Energy before conduit and vault installation begins to schedule a pre-construction meeting with the project inspector. 2. Changes in power facility construction from that shown on the project plans will not be made without advance approval from the Holy Cross Energy inspector. 3. Holy Cross Energy material shall not be moved from the project to which it was assigned without the advance approval of the inspector and the completion of necessary paperwork. Holy Cross Energy material shall not be installed for any use other than construction of power facilities. 4. All roads will be built to subgrade and all drainages will be constructed to grade before any vaults or conduits are installed. 5. All trench will be excavated deep enough to ensure that the top of installed power facilities will be 48" below final grade. Special care must be taken to insure that the top of conduits will be 48" below the bottom of drainage ditches and all other low areas. 6. Trench will be as straight as possible between vaults and shall have a smooth bottom free from low and high spots. Six inches of ¾” road base will be placed the entire length of the trench and well compacted prior to conduit installation. When placed in the trench, the conduit shall be in continuous contact with the compacted road base with no hold down weight added. Twelve inches of ¾” road base, as measured from the top of the conduit, will be placed on the conduit and well compacted prior to returning any native backfill to the trench. Large rocks shall not be placed directly on the road base layer. Care must be taken to avoid conduit damage during backfill and compaction; conduits found to be unusable at the time of power cable installation will be repaired by the developer or contractor before power can be made available. 7. Power facilities to be placed parallel to deeper utilities will have a horizontal separation from the deeper utility greater than the depth of such utility below final grade less four feet (see attached drawing). When crossing a deeper utility is unavoidable, the crossing will be made as close to perpendicular as possible. 8. Power line conduits will be installed with a minimum separation of 12” from all other new or existing underground utility lines. Wherever possible, this separation will be horizontal. The power line separation from plastic gas lines will be greater than this minimum wherever practicable. Power line conduits will be located deeper in the trench than the facilities of all other utilities unless the inspector grants a waiver prior to the start of construction. 9. Backfill and compaction above the road base layer will be as required by the governmental entity or other party having jurisdiction. 10. Conduit bell ends will not be allowed in the vaults. Holy Cross Energy will supply factory couplers, 90º, 45º, and 221/2º elbows as needed for job. Non-factory bends and heated bends will not be allowed. No more than two 90º elbows will be allowed in a conduit run of 500 feet. The conduit shall run straight between factory bends. Allowed bends must be further than 5’ from a vault. Factory elbows supplied must be used intact; they cannot be cut to make a lesser bend. Bells will not be cut off conduit sticks to use as couplers. Holy Cross Energy elbows and pipe will be used only for the power facility installation. 11. The conduit will not be backfilled without the Holy Cross Energy inspector seeing all joints unless the inspector gives prior permission. All joints shall be completely seated to the line marked on the male end of the conduit after sufficient glue is applied to both conduits being jointed, even in areas where the trench cannot be excavated completely straight. Glue in the joint shall be allowed to completely dry prior to any stress being applied to the conduit on either side of the joint. Trench backfilled without the inspector viewing each joint or giving prior permission to cover the conduit will be re-excavated to expose the conduit, or the contractor will put a camera through each conduit in the span which was prematurely backfilled to verify the joint seating and conduit condition. The camera verification will be witnessed by the Holy Cross Energy inspector. 12. Individual conduits shall enter each vault at a consistent location. There is to be no crossing of conduits in the trench. 13. Both ends of a conduit run shall be securely plugged at the time of installation with Holy Cross Energy supplied material. Conduit ending outside a vault shall be marked with a 4” x 4” post or other approved method. 14. Red trench marking tape will be supplied by Holy Cross Energy and shall be installed 18" to 24” above the conduit during backfill. 15. At completion of the job, the inspector will do a final inspection. If the job does not meet with Holy Cross Energy’s specifications or the approval of inspector, service will not be provided until specifications are met. ATTACHMENT B II. VAULTS 1. Vaults shall be installed as follows: A. Splice vaults shall be installed with the manhole lid grade being slightly above final grade of the surrounding area, except when the vault is in a roadway, the manhole lid grade shall match the grade of the finished roadway surface. B. Splice vaults located in roads or other sloped areas will be installed so that the concrete base and lid are at the slope of the surrounding area. Vaults placed in roads will not be located in areas normally traversed by vehicle wheels. The inspector must approve all vaults installed at a slope. C. Transformer vaults and switchgear vaults will be installed with the bottom of the lid at final grade. The lid will be level. D. Where transformer and switchgear vaults are set into hillsides or sloped cuts, the downhill side of the vault will be graded according to C above. The slope behind the vault will be laid back sufficiently to prohibit soil or rocks from sloughing onto the vault. If the slope cannot be laid back far enough, a retaining wall shall be constructed behind the vault at the direction of the inspector. E. All vault pads will be placed on the vaults at the time of vault installation to protect the public and wildlife, unless otherwise instructed by the inspector. The holes through transformer and switchgear pads will be covered at the time of vault installation with concrete pieces supplied by Holy Cross Energy, unless otherwise instructed by the inspector. F. Large vault pieces shall be jointed with a tar type sealant provided by Holy Cross Energy, with the exception of the vault lid, at the direction of the inspector. 2. Holes knocked in vaults for conduit installation shall be as small as possible and shall be grouted closed on both the inside and outside of the vault prior to backfill. 3. Conduit shall enter vaults perpendicular to the vault wall, at least 2" from any adjacent walls and at least 2” above the vault base. There shall be a minimum separation of 1” between conduits. See vault drawings. 4. Conduit will extend 4" into the vault (measured from the inside wall of the vault) after backfilling is complete. 5. Ground rods in vaults for underground cable installation shall be laid in the trench with the conduits. The end of the rod, which is inside the vault, shall extend approximately 6’ into the vault through the conduit knockout. At approximately 3” into the vault, the ground rod should be bent at a 45˚ angle away from the conduits. This bent end must be far enough from the inside of the vault wall to allow the grounding conductor to be crimped onto the rod. On the exterior of the vault, 4” of separation is required between the ground rod and the conduit so as to achieve maximum contact between the ground rod and native soil. 6. After the vault has been set, pipes extended in and grouted and the ground rod is in place, vaults shall be swept out removing all dirt or rocks. Cleanup shall be completed to the satisfaction of the inspector prior to cable installation being scheduled. 7. Pedestals for other utilities shall not be located closer than 10’ to a vault on sides where transformers or switchgear will have access doors. Pedestals shall not be located closer than 4’ to a transformer or switchgear on sides where the pad-mounted equipment will not have access doors. e\constructionspecifications:7-23-07 970-748-4010 awade@avon.org TO: Honorable Mayor Phillips and Council members FROM: Arnell Wade, General Government Fellow RE: Ord 24-13 Amending AMC Sec 9.40.050)(7) Dogs on Town Properties DATE: September 6, 2024 SUMMARY: This report presents for Council consideration Ordinance 24-13 which would revise the current prohibition of dogs at special events and authorize the Town Manager to determine appropriate rules for allowing or permitting dogs on Town property, including special events. Ordinance 24-13 is presented for second reading, as Council passed first reading at the August 27, 2024 meeting with no requested changes. BACKGROUND: Avon’s special events programming has expanded dramatically since the construction of the Avon Pavilion. Dogs have been allowed at AvonLIVE!, SunsetLIVE! (in the grass area), movies in the park, art fairs and other non-ticketed special events. The current language in the Avon Municipal Code does not allow dogs into special events. Proposed Code changes would allow flexibility to determine administratively appropriate rules, regulations, prohibitions and designations. PROPOSED CODE AMENDMENT: Avon Municipal Code Sec 9.40.050(7) currently states, “Dogs. Dog owners shall comply with all animal control ordinances listed in Chapter 6.04 of this Code and shall pick up their dogs' excrement or waste. Dog owners shall not allow dogs into those areas posted as prohibited areas for dogs or into special events. Prohibited areas may be designated by the Town” The proposed code changes would authorize the Town Manager to determine appropriate rules and regulations for dogs on Town Property and dogs at special events, which revisions are set forth below. 9.40.050(7) Dogs. Dog owners shall comply with all animal control ordinances listed in Chapter 6.04 of this Code and shall pick up their dogs' excrement or waste. Dog owners shall not allow dogs into those areas posted as prohibited areas for dogs or into special events. Prohibited areas may be designated by the Town. The Town Manager is authorized to adopt rules, regulations, prohibitions and designation of appropriate times and locations for dogs on Town properties and dogs at special events. Non-compliance with any posted rule, regulation, or prohibition shall be a violation of this Chapter 9.40. FINANCIAL CONSIDERATIONS: There are no financial or monetary implications associated with this proposed amendment to our Avon Municipal Code TOWN MANAGER RECOMMENDATION: I recommend that Council approve Ordinance 24-13 in order to allow flexibility in the adoption of rules and regulations as well as ability to quickly change rules and regulations depending upon the type of special event and needs of the community. PROPOSED MOTION: “I move to approve Ordinance 24-13 Amending Avon Municipal Code Section 9.40.050(7) Regarding Dogs on Town Property.” Thank you, Arnell ATTACHMENT A: Ordinance 24-13 Amending AMC Sec. 9.04.050(7) Ord 24-13 Amending AMC 9.04.050(7) Aug. 27, 2024 – First Reading Page 1 of 3 ORDINANCE NO. 24-13 AMENDING AVON MUNICIPAL CODE SECTION 9.40.050(7) REGARDING DOGS ON TOWN PROPERTY WHEREAS, the Town of Avon has enjoyed significant growth in special events in the Town of Avon; WHEREAS, many dog owners desires to bring their dogs to special events; WHEREAS, Avon Municipal Code Section 9.40.050(7) states in part that, “Dog owners shall not allow dogs . . . into special events.” WHEREAS, the Town Council finds that adopting flexible language that authorizes the Town Manager to determine the appropriateness of allowing dogs at special events on a case by case basis will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Section 9.40.050(7) is amended to read as follows, with strike-out indicating words to be deleted and bold, underline indicating words to be added: 9.40.050(7) Dogs. Dog owners shall comply with all animal control ordinances listed in Chapter 6.04 of this Code and shall pick up their dogs' excrement or waste. Dog owners shall not allow dogs into those areas posted as prohibited areas for dogs or into special events. Prohibited areas may be designated by the Town. The Town Manager is authorized to adopt rules, regulations, prohibitions and designation of appropriate times and locations for dogs on Town properties and dogs at special events. Non-compliance with any posted rule, regulation, or prohibition shall be a violation of this Chapter 9.40. ATTACHMENT A: Ord 24-13 Ord 24-13 Amending AMC 9.04.050(7) Aug. 27, 2024 – First Reading Page 2 of 3 Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] ATTACHMENT A: Ord 24-13 Ord 24-13 Amending AMC 9.04.050(7) Aug. 27, 2024 – First Reading Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on August 27, 2024 and setting such public hearing for September 10, 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 September 10, 2024. BY: ATTEST: ____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Nina Williams, Town Attorney ATTACHMENT A: Ord 24-13 970.748.4014 mmorgan@avon.org TO: Mayor Amy Phillips and Avon Town Council FROM: Max Morgan, AICP, Planner II RE: MJR24005 & AEC24005 – Harry A. Nottingham Park Improvements LEGAL: Tract G - Block 2 – Benchmark at Beaver Creek ADDRESS: 1 Lake Street DATE: August 28, 2024 STAFF REPORT OVERVIEW: This staff report contains two applications for site improvements in Harry A. Nottingham Park (“Park”), submitted by the Town of Avon (“Avon”). Avon Town Council (“Council”) will review the applications, conduct a public hearing, and render a final decision for each application respectively. Council approved conceptual drawings in 2023 and advised Staff to pursue the redevelopment of the eastern portion of the Park. These applications represent the redevelopment proposal based on Council’s approval in 2023: • MJR24005 – Major Development Plan Review • AEC24005 – Alternative Equivalent Compliance Proposed Park updates include new restrooms, a replacement seating wall, updated parking configurations, and a relocation of utilities and other critical infrastructure in the East portion of the Park, frequently referred to as the “Old Town Hall Site.” SUMMARY OF REQUEST: A Major Development Plan (“MJR”) application is required for the proposed comprehensive updates. Avon submitted MJR24005 in order for Council to make a final decision for MJR24005 at a Council meeting on September 10, 2024. Council reviews all development plans in the Town Core area, where this project is located. An Alternative Equivalent Compliance (“AEC”) application is required to approve a proposed 2:12 roof pitch on the bathroom rain shelter structure. Avon Municipal Code (“AMC”) Design Standards currently do not allow 2:12 pitch roofs unless an AEC is granted. Avon has submitted AEC24005, for Council to render a final decision for AEC24005 at a Council meeting to be held September 10, 2024. REVIEW PROCESS: Major Development Plan. AMC 7.16.180(c)(1) Major Development Plan states that “all new building construction over six hundred (600) square feet” requires a Major Development Plan application. AMC 7.16.180(f)(1) Major Development Plan states that projects which are proposed in Avon’s Town Core require a public hearing with the Planning and Zoning Commission (“PZC”) and Avon Town Council. An application for Major Development Plan review is subject to two sets of Review Criteria: 1. General Review Criteria for ALL Development Applications – AMC 7.16.020(f)(1), Review Criteria 2. Review Criteria for Development Plans – AMC 7.16.080(g), Review Criteria MJR24005 & AEC24005 August 28, 2024 Page 2 of 19 Alternative Equivalent Compliance. AMC 7.16.120 Alternative Equivalent Compliance states that an AEC is a procedure “that allows development to meet the intent of the design-related provisions of this Chapter through an alternative design.” AECs are submitted concurrently with site-specific applications like the MJR. An application for Alternative Equivalent Compliance review is subject to two sets of Review Criteria: 1. General Review Criteria for ALL Development Applications – AMC 7.16.020(f)(1), Review Criteria 2. Review Criteria for Alternative Equivalent Compliance – AMC 7.16.120(d), Review Criteria Council to reviews design plans for compliance with review criteria, considers PZC recommendations and public comments, and renders a final decision regarding the proposed plans presented in AEC24005 and MJR24005. BACKGROUND: The site has experienced several uses and proposed changes. In 1980, the Town constructed the Avon Town Hall and Avon Police Station at the site of the development proposed with this application. After nearly four decades of operation, the Town Hall was demolished in 2020. Avon planned for redevelopment of this site in 2021 to include restroom facilities in addition to updates to the seating wall, landscaping, and parking areas. Avon did not commence with these proposed changes at the time based on bid prices far exceeding budget. Avon conducted the La Zona planning project in 2022 a multifaceted redevelopment project intended to improve the Pedestrian Mall and overall connectivity to the Park, enhance the Avon Rec Center, and consider modifications to areas in and around the Park. In 2023, Avon Town Council approved conceptual drawings and advised Staff to pursue the redevelopment of the eastern portion of the Park as part of the La Zona concept. This application reflects the outcome of Council’s approval of the redevelopment concept and layout, proposed in 2023. Staff presented the plans and applications MJR24005 and AEC24005 to the Avon’s Planning and Zoning Commission (“PZC”) at a public hearing on August 26, 2024, for the purpose of facilitating recommendations to Council in anticipation of Council’s public hearing for this application. PZC provided one recommendation for Council regarding design of the seating wall. This recommendation is detailed in the PROJECT DESCRIPTION section under the heading Updated Path and Seating Wall. The Records of Decision for AEC24005 and MJR24005 are included as attachments to this report, and will be signed at the next PZC meeting scheduled September 9, 2024. PROPERTY DESCRIPTION: The original Benchmark at Beaver Creek (“BMBC”) subdivision for Avon included the dedication of the forty-eight (48) acre Harry A. Nottingham Park. The Park currently serves as the civic and cultural center of Avon, and includes a lake, Avon Pavilion stage, and outdoor space to recreate. A more complete history of the park and its namesake is available in the Master Plan for Harry A. Nottingham Park (2009). Staff Review Public Notice PZC Hearing August 26 Public Notice & Report Updates TC Hearing Sept 10 MJR24005 & AEC24005 August 28, 2024 Page 3 of 19 The Park is located in Tract G in BMBC subdivision. The portion of the Park proposed for updates is zoned Public Facility and is located within the Town Core. All public facilities are a use by right in this zone district. AMC § 7.08.010 defines Public Facility to mean “those constructed facilities, including but not limited to transportation systems or facilities, water systems or facilities, wastewater systems or facilities, storm drainage systems or facilities, fire, police and emergency systems or facilities, electric, gas, telecommunication utilities or facilities and publicly owned buildings or facilities.” The site currently serves several, distinct purposes including: • Non-motorized park access for the public • Permitted motorized park access related to events (“back-of-house operations”), particularly at the Performance Pavilion • Parking o West Lot – 37 spaces o South Lot – 23 spaces o East Lot – 18 spaces • Town of Avon Public Works – 1-story garage and indoor / outdoor storage • Metcalf Cabin • Seating along the timber wall • Utilities o Underground gas tank o Transformer pads and electric breaker o Water main line o Fiber optic pullbox and lines o Underground electric lines o Underground and above-ground telephone lines o Underground sewer lines The site provides exceptional views of the local ski areas, as well as the performance of Avon Pavilion and other areas of the park however, much of the site is exposed, non-landscaped, and used minimally by park- goers. The site sits adjacent to the main athletic field, which serves concert-goers and park-goers alike. PROJECT DESCRIPTION: The Development Plan includes the following elements: 1. New Bathrooms, Plaza, and Rain Shelter 2. Updated Path and Seating Wall 3. Modified Parking Layout and Asphalt Overlay 4. Utility Work Undergrounding, Updates, & Relocations 5. Site Grading and Landscaping New Bathrooms, Plaza, and Rain Shelter. The plans include two new, permanent bathroom structures and metal-roofed rain shelter or canopy. The two separate structures connect to make an L-shape open to the northeast. One bathroom holds a janitor’s closet, three (3) sinks, and eleven (11) toilets including one in a larger, handicap-accessible stall. The second bathroom holds a janitor’s closet, two (2) sinks, four (4) urinals, three (3) toilets including one in a larger, handicap-accessible stall, a “family” bathroom with a separate entrance, toilet and sink, and a Mechanical/Electrical/Plumbing (“MEP”) room. Security cameras and a water MJR24005 & AEC24005 August 28, 2024 Page 4 of 19 bottle filler are to be provided in the plaza. The Town explored several bathroom structure layouts, and ultimately pursued the L-shape configuration. The L-shape configuration: • Provides a boundary to delineate “front-of-house” areas where the public can and should congregate, from “back-of-house” operations in the west parking area, during events held in the park • Promotes visibility of the plaza from other areas of the park o The design to NOT separate the buildings is intentional in that it prevents a space between buildings that would not be easily visible. A lack of visibility in public space can contribute to criminal activity and other undesirable uses. Figure 1 - Diagram of Restrooms and Shelter MJR24005 & AEC24005 August 28, 2024 Page 5 of 19 Figure 2 - Future Site of Restrooms and Pedestrian Plaza The area around the bathrooms is proposed as a landing and pedestrian area, accessible by two separate stair sets and graded for wheelchair access. The pedestrian plaza leaves the existing tree in place. Updated Path and Seating Wall. The proposed development site is bounded by a timber seating wall that faces north / northeast. It is heavily utilized by parkgoers and concert attendees and is partially shaded by large trees included in the landscaping just the south. The plans propose removal of the timbers and replacement with a stone wall. The base of the stone wall follows grade that steadily lowers towards the west. The top of the wall is designed to be flat with a stone cap, so the height varies between 16-20 inches from the ground. Additionally, step lights will provide gentle pedestrian level, downcast lighting along the seat wall. NOTE: MJR24005 was presented to PZC at a public hearing on August 26, 2024. PZC recommended a minor revised design for the seating wall, so that the surface is does not step down, but instead is a level surface parallel to the grade (See ATT B – Records of Decision from PZC Meeting 082624). MJR24005 & AEC24005 August 28, 2024 Page 6 of 19 Figure 3 - Timber Seating Wall and Steps Proposed for Redevelopment Figure 4- Site for New Seating Wall and Demo Garden (Trees to Remain) MJR24005 & AEC24005 August 28, 2024 Page 7 of 19 Figure 5 - Example of Lighting Proposed on Seating Wall Parking Layout. The site includes parking for private vehicles as well as Town of Avon fleet vehicles. Eight (8) spaces in the south parking area are reserved for compact cars. At least eight (8) spaces in the west parking area are reserved for Town of Avon vehicles. Additionally, the parking areas are used for storage and event logistics. These uses, and subsequent availability of public parking consistently vary throughout the year. The east section of the parking area holds eighteen (18) parking spaces and is proposed for redevelopment in the form of revegetation, with the space for vehicle parking, eliminated. The south section of the parking area currently offers twenty-three (23) spaces and is proposed for nineteen (19) additional spaces. Twenty- four (24) spaces in the south section are proposed for EV-ready electrical installations but will not immediately provide Electric Vehicle Supply Equipment (“EVSE”), traditionally referred to as “EV chargers” or “EV ports”. The parking lot will be refreshed with new asphalt and mill and overlay of the existing lot. MJR24005 & AEC24005 August 28, 2024 Page 8 of 19 Figure 6 – Map of EXISTING Parking Layout Figure 7 – Map of PROPOSED Parking Layout MJR24005 & AEC24005 August 28, 2024 Page 9 of 19 Utility Work Undergrounding, Updates, & Relocations. The site houses utilities specific to water and sewer, telecommunications, electricity, and fiber optics. The Town’s Engineering Department states that part of this development application includes the relocation utilities to “sensible locations” elsewhere on the site. Additionally, the Utility Plan shows above-ground telecommunication lines to be buried to improve aesthetics and views and to increase resiliency to wildfire and other natural hazards. Figure 8 - Overhead Lines to be Buried for Hazard Mitigation Figure 9 - Utilities Proposed for Relocation MJR24005 & AEC24005 August 28, 2024 Page 10 of 19 Site Grading and Landscaping. The portion of the site to the east of the restrooms and plaza will be graded to provide a level field which will be surfaced with 4” of topsoil and will be covered with sod. Irrigation will be provided on the perimeter for a finished aesthetic and to create a usable space. This revegetation plan is intentionally minimum due to anticipated future development of a skate park. Several trees at the site are proposed for removal, including at least one significant tree. PUBLIC NOTIFICATION & COMMENTS: Notice of the PZC public hearing for MJR24005 and AEC24005 was published in the Vail Daily in accordance with AMC § 7.16.020(d) on August 16, 2024. The notice advised the public concerning the subsequent hearing with Avon Town Council scheduled for September 10, 2024. No public comment was received for this application. Notice of the Town Council public hearing for MJR24005 and AEC24005 was published in the Vail Daily in accordance with AMC § 7.16.020(d) on August 30, 2024. No public comment was received for this application. GENERAL REVIEW CRITERIA §7.16.020(f)(1) – Review Criteria: The following represents the review criteria for all applications submitted to the Community Development Department: 1. The application is complete; 2. The application provides adequate information needed for review and complies with the relevant review criteria 3. The development application complies with the goals and policies of the Avon Comprehensive Plan and; 4. The demand for public services will not increase with this project. Staff Response: Both the AEC and MJR applications meet the necessary Review Criteria. The application is complete and provides adequate information needed for review. The plans represent compliance with the Avon Comprehensive Plan, with evidence reported in the analysis of both applications found further in this report. DEVELOPMENT PLAN REVIEW CRITERIA § 7.16.080(g), Review Criteria. The following represents the review criteria for all Development Plan applications submitted to the Community Development Department: i. Evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes; Staff Response: Park improvements are consistent with the Purposes of the Development Code. The project represents compliance with the following Purposes: • (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; • (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; MJR24005 & AEC24005 August 28, 2024 Page 11 of 19 • (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; • (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; • (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; • (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; • (l) Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment; ii. Reserved; iii. The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents; Staff Response: The proposed development conforms with the 2009 Master Plan for Harry A. Nottingham Park and the 2015 Planning Review and Update to Harry A. Nottingham Park, in addition to the Avon Comprehensive Plan (2017) and 2018 Town-Owned Properties Plan: • 2009 Master Plan for Harry A. Nottingham Park The public process and resulting park plan document took the first steps to realize the potential for Harry A. Nottingham Park. The plan details specific design and programming recommendations, and conceptualized the park into different “zones”. Specific recommendations from the 2009 Master Plan for Harry A. Nottingham Park include: o Recommends restrooms, expanded concession space, new lighting and park furniture o “Back of house” support for large events o New restrooms close to an existing facility • 2015 Planning Review and Update to Harry A. Nottingham Park This plan followed the development of the Performance Pavilion. It validated the concept to relocate emergency services and Town Hall administrative services to elsewhere in Town. Specific recommendations include: MJR24005 & AEC24005 August 28, 2024 Page 12 of 19 o Community flex space that would include support facilities for the stage and public restrooms o Existing Town Hall occupies a corner of Nottingham park that may be better utilized for other community-based uses that can support the park and provide new amenities • 2017 Comprehensive Plan The 2017 Comprehensive Plan reaffirmed the need to capitalize on views and plan for flexible space. Relevant policies and language concerning park redevelopment from the 2017 Comprehensive Plan include: o Enhancement of existing amenities near Nottingham Park o Existing Town Hall occupies a corner of Nottingham Park that may be better utilized for other community-based uses that can support the park and provide new amenities • 2018 Town-Owned Properties Plan This plan represents the most recent planning effort for the Park, with a focus on the development of a multi-use facility and related parking configurations: o Old Town Hall Area: Multi-Use Facility; new surface parking; restrooms o The Old Town Hall could incur a net loss of parking spaces with the reuse of the site. • La Zona Design Concept (Sub-Area Plan) This sub-area plan is intended to guide the future of Avon’s civic assets, including Harry A. Nottingham Park. The plan reports Opportunities for: o Better Connections to surrounding amenities such as Nottingham Park o Prioritization of multi-modal connections with a comprehensive walking network throughout and within La Zona destinations, including the Park iv. Consistency with any previously approved and not revoked subdivision plat, planned development or any other precedent plan or land use approval for the property as applicable; Staff Response: Not applicable v. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development Standards Staff Response: Planning Analysis confirms conformance with the zone district (Public Facilities) and use. The project is compliant with Chapter 7.28, Development Standards with the exception of the roof pitch proposed on the bathroom rain shelter. An AEC approval is required, and an AEC application is included in conjunction with the MJR application. Additional Planning Analysis of Development Standards is as follows: 7.28.020 Parking and Loading – The plans show a proposed total of seventy-nine (79) parking spaces at the site. Parks do not have minimum parking standards in the AMC. MJR24005 & AEC24005 August 28, 2024 Page 13 of 19 The project does not represent a significant impact to the availability of parking, with an expected gain of one (1) parking stall. The revegetation of the east parking area expresses a loss of parking however, the south parking area gains several spaces. The parking configuration in the west parking area is not expected to change with this proposal. The west parking area includes Town Fleet-specific parking spaces, and much of the lot is used for seasonal storage for Public Works. 7.28.030 Access Drive Requirements – This section is not applicable to the Application 7.28.040 Mobility and Connectivity – The project does not require the enhancement of bicycle facilities however, three additional bike racks (appropriate for thirty-six bikes total) are included in the plans. Internal, pedestrian path connectivity is added within and around the site, and removable safety bollards are included between the West Parking Area and the Performace Pavilion 7.28.050 Landscaping – The project includes significant updates to landscaping, including the addition of deciduous and coniferous trees, shrubs, perennials, bark mulch, boulders, river rock cobble, turf grass and a rain garden. Figure 10 - Diagram of Rain Garden MJR24005 & AEC24005 August 28, 2024 Page 14 of 19 Figure 11 - Proposed Location of Rain Garden AMC 7.28.050(j) states that parks are appropriate locations for irrigated turf. A xeriscape demonstration garden is presented in the plans, along the seating wall near the performance stage. The demonstration garden, rain garden, and revegetated east parking area combine to satisfy the required replacement plan for the removal of a significant tree. An irrigation plan is provided by a Site Water Engineering. Existing vegetation is preserved wherever possible, including several trees. Figure 12 - Trees to Remain MJR24005 & AEC24005 August 28, 2024 Page 15 of 19 7.28.060 Screening – The existing ground mounted mechanical equipment is planned for relocation Existing refuse containers are screened from public view. Updated mechanical equipment will be screened from public view by new landscaping. If mechanical equipment is not effectively screened with landscaping, those facilities should be painted muted colors or incorporate artist painting in order to meet “alternative screening” standards. 7.28.070 Retaining Walls – No retaining walls are proposed with this project. The seating wall does not function as a retaining wall (with the purpose of matching development to naturally-occurring topography where grading is not feasible). 7.28.080 Fences – No fences are proposed with this application. 7.28.090 Design Standards – The project shows compliance with the requirement for “high quality, durable materials.” The restroom structures and the seating wall materials (stone veneer) will match the Avon Pavilion, steps to the restrooms will be colored, concrete steps, and pavers will be installed. A lighting plan is provided and shows downcast lighting along the seating wall, and seven (7) Town of Avon standard street lights. The plans show compliance with the requirement for “four-sided design” in Mixed Use and Non- Residential areas, and pedestrian walkways are clearly defined through the use of pavers. Ramps are part of the pedestrian walkways and employed where possible, and a sheltering roof is provided near the restrooms. The proposed roof pitch (2:12) is not allowed per AMC design standards; however, the Town is pursuing this design to keep the structure height low as possible to preserve views to Beaver Creek Ski Area from the plaza and field. Increased roof pitch would require a lower structure as a whole in order to preserve the same views with a roof pitch of 3:12 or greater. Conversely, a roof pitched at 3:12 or greater would restrict views, albeit meet compliance standards for roofs. Additionally, a 2:12 roof pitch matches that of the Avon Pavilion roof. MJR24005 & AEC24005 August 28, 2024 Page 16 of 19 Figure 13 – Avon Pavilion with 2:12 Roof Pitch 7.28.100 Natural Resource Protection – The design does not negatively affect drainage patterns and preserves the natural grade wherever possible. The application represents the revegetation required from the demolition of the site. vi. That the development can be adequately served by city services, including but not limited to roads, water, wastewater, fire protection and emergency medical services; and Staff Response: The proposed development remains capable of adequate service by the Town. vii. The development design conforms with the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole. Staff Response: Park improvements conform with the character of Avon, which is represented by a thriving Town Center, and unique spaces that provide placemaking opportunities for residents and visitors. MJR24005 & AEC24005 August 28, 2024 Page 17 of 19 ALTERNATIVE EQUIVALENT COMPLIANCE § 7.16.120(d) Review Criteria. The PZC shall review an application for an AEC according the following criteria: i. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; Staff Response: The 2:12 roof pitch effectively protects users from rain and other inclement weather to the same degree a 3:12 or greater roof pitch would, and enhances view corridors that the Town intends to protect. ii. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; Staff Response: The Avon Comprehensive Plan identifies a need to protect views from the East portion of the park, and this application achieves this purpose. Additionally, the proposed roof pitch matches the Avon Pavilion, advancing compatible architecture in the Park (Policy C.1.2). Figure 14 - Map from Avon Comprehensive Plan Showing Important Views iii. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and Staff Response: The improved views of the mountains to the south will provide the community with a benefit that the 3:12 roof pitch would compromise. iv. The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title MJR24005 & AEC24005 August 28, 2024 Page 18 of 19 Staff Response: Adjacent properties are not impacted by this proposal. No residential development, Town-owned property, or commercial entities adjacent to the space benefit from a 3:12 or greater roof pitch. OPTIONS: Council has the following options: • Approval as outlined below; • Approval with modified findings and conditions; • Continue application to future meeting pending additional details or studies; or • Deny the application(s), after formulating justifiable findings. AEC24005 FINDINGS: Staff Recommended Findings for Council: 1. The project meets the four requirements included in AMC 7.16.020(f)(1) General Review Criteria for all applications; 2. The proposed alternative roof pitch design achieves the intent of the subject design or development standard to the same or better degree than the subject standard, by protecting important views from the Park that would otherwise be obscured by a roof pitched at 3:12 or greater, without compromising the structure’s ability to protect users from rain and inclement weather; 3. The proposed alternative roof pitch achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard, including the Plan’s intent to protect important views from Town Core, and keeping architecture and materials compatible across adjacent buildings and structures; 4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard by protecting important views from the Park that would otherwise be obscured by a roof pitched at 3:12 or greater; and 5. The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title. AEC24005 RECOMMENDED MOTION: “I move to approve file AEC24005, an application for a 2:12 roof pitch on a rain shelter, based on the findings in AMC §7.16.120(d), and the condition for material representation outlined in Staff’s report.” CONDITIONS: 1. Except as otherwise modified by this approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. 2. Any modifications to the plans presented that change the character of the design require a Minor Development Application approved by the Avon Planning Department. MJR24005 & AEC24005 August 28, 2024 Page 19 of 19 MJR24005 FINDINGS: Staff Recommended Findings for Council: 1.The project meets the four requirements included in AMC 7.16.020(f)(1) General Review Criteria for all applications; 2.The proposal shows evidence of substantial compliance with the purpose of the Development Code as specified in AMC 7.04.030, Purposes; 3.The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents including the 2009 and 2015 Harry A Nottingham Park Plans, and the Town-Owned Properties Plan; 4.With the exception of the 2:12 roof pitch, the plans show overall compliance with all applicable development and design standards set forth in this Code; 5.The proposed development remains viable for adequate service by the Town; and 6.The development design conforms with the character of the surrounding community, particularly the east portion of the Park. MJR24005 RECOMMENDED MOTION: “I move to approve file MJR24005, an application for redevelopment in Nottingham Park, based on the findings in AMC § 7.16.080(g), and the condition for material representation outlined in Staff’s report:” CONDITIONS: 1.Except as otherwise modified by this approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. 2. Any modifications to the plans presented that change the character of the design require a Minor Development Application approved by the Town of Avon Planning Department Thank you, Max ATTACHMENTS: A.Application Materials B.PZC Records of Decision of Decision for AEC24005 and MJR24005 ATTACHMENT A - APPLICATION MATERIALS TO VIEW THE FULL SET OF PLANS ONLINE CLICK ON LINK BELOW: EAST-NOTTINGHAM-PARK- IMPROVEMENTS-DRAWINGS DRAFT PZC Record of Decision: AEC24005 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING: TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT: August 26, 2024 Alternative Equivalent Compliance 1 Lake Street AEC24005 Town of Avon This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #AEC24005: Recommend Approval with Conditions ALTERNATIVE EQUIVALENT COMPLIANCE FINDINGS: 1.The project meets the four requirements included in AMC § 7.16.020(f)(1 General Review Criteria for all applications; 2.The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard, by protecting important views from the Park that would otherwise be obscured by a roof pitched at 3:12 or greater, without compromising the structure’s ability to protect users from rain and inclement weather 3.The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard, including the Plan’s intent to protect important views from Town Core, and keeping architecture and materials compatible across adjacent buildings and structures; 4.The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard by protecting important views from the Park that would otherwise be obscured by a roof pitched at 3:12 or greater; and 5.The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Title. 6.Any other roof pitch would clash with the existing stage architecture, and this building should be visually subservient to the stage (Added at August 26th PZC Meeting). CONDITIONS: 1.Except as otherwise modified by this approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. 2. Any modifications to the plans presented that change the character of the design require a Minor Development Application approved by the Town of Avon Planning Department ATTACHMENT B DRAFT PZC Record of Decision: AEC24005 THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: PZC Chairperson DATE: DRAFT PZC Record of Decision: MJR24005 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARING: TYPE OF APPLICATIONS: PROPERTY LOCATION: FILE NUMBER: APPLICANT: August 26, 2024 Major Development Review 1 Lake Street MJR24005 Town of Avon This Record of Decision is made in accordance with the Avon Development Code §7.16.010(F)(1) PZC DECISION ON #MJR24005: Recommend Approval with Conditions MAJOR DEVELOPMENT REVIEW FINDINGS: 1.The project meets the four requirements included in § 7.16.020(f)(1) General Review Criteria for all applications; 2.The proposal shows evidence of substantial compliance with the purpose of the Development Code as specified in Section 7.04.030, Purposes; 3.The design conforms with the Avon Comprehensive Plan and other applicable, adopted plan documents including the 2009 and 2015 Harry A Nottingham Park Plans, and the Town-Owned Properties Plans; 4.With the exception of the 2:12 roof pitch, the plans show overall compliance with all applicable development and design standards set forth in this Code; 5.The proposed development remains viable for adequate service by the Town; and 6.The development design conforms with the character of the surrounding community, particularly the east portion of the Park. CONDITIONS: 1.Except as otherwise modified by this approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. 2.Any modifications to the plans presented that change the character of the design require a Minor Development Application approved by the Town of Avon Planning Department 3.After bidding, step wall should be changed to a continuous slope wall. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY: PZC Chairperson DATE: 970-748-4446 mlabagh@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Michael Labagh, Recreation Director RE: Recreation Department Update & Park Improvements DATE: September 5, 2024 SUMMARY: This report provides a review of completed and planned improvements in the Town parks. BACKGROUND: The Recreation Department presents an overview of the Summer season in the Spring and Fall of each year. Additionally, the Recreation Department keeps an on-going “punch-list” of improvements to the parks that is updated and presented to Council. PLANNING AND IMPROVEMENT TOPIC AREAS: Updates are shown in blue and italic font. 1. Lower field recreation trail – The recreation trail section is scheduled to be reconstructed between April 29 – June 14. Construction complete. Staff are working with Eagle River Water Sanitation District to finish the southwest path, between the railroad tracks and their building. 2. Nottingham Lake aeration – This project is currently being coordinated and will resume at the end of May once the swimming area anchor infrastructure project is complete. Electrical work was completed in Fall 2023 and the remainder of the work is scheduled to be completed May 22, 2024. Project complete. Staff will provide a report to Council in the Spring to determine its effectiveness through the Winter. 3. Swimming area infrastructure – The concrete anchors that hold the swimming area ropes and buoys will be redone May 20-22. This project will be completed in-house through the Public Operations team and collaborating with Beaver Divers Scuba. This infrastructure project will improve the safety and operation of the swimming area. Swim area section complete. Staff will return in the Spring to place final anchors to reestablish swimming lane. 4. Soft recreation path (between lake and sedimentation pond) – The informal path between the sedimentation pond and the lake has been improved with additional dirt and gravel. Public Operations Staff completed this work in Fall 2023. Staff are tentatively planning to open this path in mid-May to allow the new grass to grow. Project complete. Staff will look to improve the area with “foot traffic only” signage and thicker landscape edging. 5. Avon Elementary School Mural Installation – CASE will select an artist to install a mural on the east side of Avon Elementary School. The art installation will take place between June 17 and July 30. Complete and it looks beautiful! 6. Pocket parks – Site walks are scheduled to be conducted at Saddleridge Park and O’Neal Spur Park in May and June to identify improvements. The redevelopment of the Eaglebend Pocket Park is in progress and the project bid will be released in May. O’Neal Spur and Saddleridge Pocket Park redesign efforts have been deferred to 2025. Eaglebend Pocket Park project is currently out to bid and Staff will have an update for Council in October. 970-748-4446 mlabagh@avon.org Page 2 of 2 7.Park signage – All park rules signage has been updated to match the style of the Harry A. Nottingham Park signs. All signs will be installed before the end of May. Monument signs for each pocket park and the recreation center have been designed and the Summer installation schedule is being coordinated. Monument signs are being installed beginning September 5. 8.Park water fountains – All water fountains in Harry A. Nottingham Park and at the two pocket parks are scheduled to be replaced with a new model that includes a bottle filling station, bubbler and dog bowl. The same design of water fountain will be installed at the Eaglebend Pocket Park during the project construction. Project design is complete, and Staff are currently soliciting construction companies to complete the work. No progress. 9.Fitness Court location / Picnic shelter design – This project is scheduled to be designed later in 2024 and will be proposed for installation in 2025. Per Council’s direction, Staff will revisit with National Fitness Campaign to confirm if donating the equipment to another entity is completely out of the question. If the equipment cannot be donated, Staff will create a disassembly plan and recycle and/or donate all its useful parts. 10.North Park Path Dismount Zone – In 2023, the Town designated the north path in Harry A. Nottingham Park, as a seasonal dismount zone, Memorial Day through Labor Day between the hours of 9:00 a.m. and 7:00 p.m. The Town maintained the same designation through Summer 2024. Staff are proposing to improve enforcement efficiency by creating an ordinance that recognizes established dismount zones throughout Town. 11.Eagle Valley Regional Trail – Staff have received multiple complaints from community members that cyclists are traveling at an unsafe speed along the regional trail. Staff are proposing adding educational/etiquette signage along the regional trail. Although difficult to enforce, adopting a speed limit for the regional trail is also an option for consideration. REQUESTED DIRECTION: Council input, direction or confirmation is requested for Staff to complete the park improvements plan for 2024 and 2025. Staff are specifically requesting direction from the Town Council regarding items 10. North Park Path Dismount Zone, establishing an ordinance recognizing dismount zones and 11. Eagle Valley Regional Trail, addition of signage. RECOMMENDATION: I recommend pursuing the addition of an ordinance recognizing established dismount zones in Town. I also recommend promoting community safety by adding educational/etiquette signage along the designated dismount zone in Harry A. Nottingham Park and the Eagle Valley Regional Trail. Thank you, Michael ATTACHMENTS: Attachment A – Recreation Department Update & Park Improvements Presentation – 09.10.2024 Avon Town Council September 10, 2024 WORK SESSION: RECREATION DEPARTMENT UPDATE & TOWN PARK IMPROVEMENTS MICHAEL LABAGH, RECREATION DIRECTOR ATTACHMENT A Avon Town Council September 10, 2024 Recreation Department Update Spring/Summer Recap - Facility •Spring facility maintenance closure •Staff training •Deep cleaning & maintenance •Cardio area painting Avon Town Council September 10, 2024 Recreation Department Update Spring/Summer Recap -Facility •Spring facility maintenance closure •Pool light upgrades to LED •Plumbing infrastructure upgrades •ADA Swim Chair Lift •Waterslide stairs refurbishment Avon Town Council September 10, 2024 Recreation Department Update Summer Programming Recap •Full youth summer camp Avon Town Council September 10, 2024 Recreation Department Update Summer Programming Recap •Adult leagues: Pickleball, Kickball & Doubles Sand Volleyball Avon Town Council September 10, 2024 Recreation Department Update Summer Programming Recap •Community Swim Lessons •Swim Team State Champs •National individual qualifiers Avon Town Council September 10, 2024 Harry A. Nottingham Park Lake Programs & Operations •Drop-In Open Water Swim •Dunk-N-Dash Duathlon Series •SUPCO Boat Rental Operations Avon Town Council September 10, 2024 Recreation Department Update Fall/Winter Outlook -Programming •MVPeeWees Toddler Sport Programming •Kid’s Swim Night Out •Adult sports: Pickleball league, Drop-In Sports •Swim Instructor & Lifeguard Classes •Swim lessons & swim team •New Fitness offerings: Zumba, Cardio Tennis Avon Town Council September 10, 2024 Lower field recreation trail improvements Avon Town Council September 10, 2024 Nottingham Lake Aeration •Aeration system installed in May •Track water quality Avon Town Council September 10, 2024 Swimming area infrastructure •Concrete anchor installation •Rope/buoy installation •Return to reestablish swim lane Avon Town Council September 10, 2024 Recreation Paths Harry A. Nottingham Park - North Park Path Dismount Zone Designation •Park user safety concerns •Consider year-round or seasonal designation •Add more signage to area •Increase etiquette/educational signage •Increase community education •Establish ordinance recognizing dismount zones in Town Avon Town Council September 10, 2024 Recreation Paths Eagle Valley Regional Trail Considerations: •Increase educational/etiquette signage: “Share the Trail, Yield to Pedestrians” •Assign speed limit to Recreation Paths: Town Park Paths, Regional Trail Avon Town Council September 10, 2024 Harry A. Nottingham Park Avon Town Council September 10, 2024 O’Neal Spur Pocket Park Avon Town Council September 10, 2024 Saddleridge Pocket Park Avon Town Council September 10, 2024 Eaglebend Pocket Park Avon Town Council September 10, 2024 THANK YOU! 970-390-2014 ewilson@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Eva Wilson, Public Works Director RE: Notice of Award – ARTF HVAC Separation Project DATE: September 2, 2024 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the construction of the Avon Regional Transportation Facility (ARTF) Heating, Ventilation, and Air Conditioning (HVAC) System Separation project as approved in the Town of Avon 2024 Capital Projects Fund, and to increase the budget from $170,00 to $311,400. At the ARTF, bus exhaust have been migrating from the bus parking bays to offices on the second floor through the return air, stairwells, entrance foyer, and elevator shaft. Prolonged exposure can cause headaches and potential long-term health concerns. To promote healthy air quality for staff, a separate air handler will be added for the first floor and the existing system will only service the 2nd floor. Additional vents (supply air) will be added in the stairwells, entrance foyer, and elevator shaft to ensure positive pressure. Avon Regional Transportation Facility (ARTF) Vicinity Map Page 2 of 3 PROJECT: At the ARTF, bus exhaust have been migrating from the parking bays to offices on the second floor through the return air, stairwells, entrance foyer, and elevator shaft. Prolonged exposure can cause headaches and potential long-term health concerns. Avon Regional Transportation Facility (ARTF) The project will add a new, separate air handler for the first floor and the existing system will only service the 2nd floor. Additional vents (supply air) will be added in the stairwells, entrance foyer, and elevator shaft to ensure positive pressure. ARTF: First Floor Layout Elevator Page 3 of 3 Bid Process: The project was solicited for construction bids in Bidnetdirect.com in Aug 2023. One bid was submitted by HESS Contracting for $251,702. The bid did not provide sufficient details and with the recommendation of A&E, the project was not awarded. Staff then solicited local HVAC companies for bids and received one bid from MWGolden Constructors for $521,888 in Nov 2023. With the recommendation of the A&E, the project was not awarded. Staff continued to solicit local HVAC companies for bids and the feedback was that they were very busy and this project was considered small. Without any interest, Staff approached Baker Constructors, the Public Works Garage Contractor for a Change Order bid. The project was amended to include exhaust fan replacements with new wall-mounted centrifugal fans and additional fire dampers. Baker Constructors submitted a bid of $275,322. Construction Schedule: Project schedule is dependent on equipment lead time. The performance period of the project is estimated at six (6) weeks. FINANCIAL CONSIDERATIONS: This project is approved in the 2024 Capital Improvement Program for $170,000 and will need an additional $141,400. Total Project Costs: Construction Project Costs: Design/Construction Mgt $ 22,000 Construction Costs $ 275,322 Contingency (5%) $ 14,000 Total Project Costs: $ 311,400 Available CIP “Project” Budget $ 170,000 Additional CIP funds needed $ 141,400 RECOMMENDATION: Staff requests Council authorization to award the construction of the Avon Regional Transportation Facility’s Heating, Ventilation, and Air Conditioning Separation project to Baker Constructors in the amount of $275,322 as approved in the Town of Avon 2024 Capital Improvement Projects Fund and increase the project budget to $311,400. PROPOSED MOTION: “I move to authorize the issuance of a Notice of Award for the construction of the Avon Regional Transportation Facility’s Heating, Ventilation , and Air Conditioning Separation project to Baker Constructors in the amount of $275,322 as approved in the Town of Avon 2024 Capital Improvement Projects Fund and increase the project budget to $311,400. Thank you, Eva (970) 748-4055 predmond@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Paul Redmond, Chief Finance Officer Eric Heil, Town Manager RE: Avon Housing Authority DATE: September 3, 2024 SUMMARY: This report presents the history of the Avon Housing Authority and highlights some of the projects it has supported. In light of the Council’s highest priority of building community housing, it seems appropriate to provide information about the role of the Housing Authority and options for financing such projects. The report is informational only and no action is required. BACKGROUND: In 1989 the Council established the Avon Housing Authority as several citizens felt there was a lack of safe or sanitary dwelling accommodations in the Town of Avon. The housing authority is a separate governmental entity from the Town. The Avon Housing Authority has been quiet since its establishment. The Avon Housing Authority’s first project was the development of the Wildwood Townhomes in 1991. The development built 17 deed restricted units. The second project supported by the Avon Housing Authority was the Buffalo Ridge Apartments on Swift Gulch Road. This project provided affordable housing for people of low to moderate income levels who wanted to reside in the Town of Avon. In either 2001 or 2002, the developers of the project requested the Authority agree to be admitted as a special limited partner in the underlying development entity (Buffalo Ridge II LLLP) to exempt the project from real property taxation. The Authority agreed to such a request. Subsequently, in 2020 the Authority’s 0.0025% interest in the LLLP was purchased for $1,500,000, with “monthly payments of 0.005% of the gross revenue of Buffalo Ridge” to be paid to the Town. ANALYSIS: Council stated that providing more affordable workforce housing is the highest priority for the Avon Community. Staff identified a number of properties for such Community Housing projects (section below) and is also looking into different options of how to fund workforce housing projects. There are a number of financing options and tools used by municipalities to construct capital projects. A review of Avon’s current debt schedule and two financing options are presented to help outline what next steps might be taken by the Council or the Avon Housing Authority. This report focuses on describing the issuance of “Certificates of Participation” (aka “COPs”) with two approaches, a private VS public COP financing. TOWN’S EXISTING DEBT: Avon currently has approximately $13 million in debt. Avon will average approximately $ 1.7 million in debt payments a year through 2028 and then will see a decrease in the Town debt obligation to $1.2 million in 2029. The debt payments will continue to decrease until all debt has been paid in 2035. Avon’s debt table is below: Annual Total - All Bonds Year Principal Interest Total 2024 1,396,867.12 303,816.20 1,700,683.32 2025 1,434,727.73 269,070.59 1,703,798.32 2026 1,463,761.93 236,424.29 1,700,186.22 Page 2 of 4 Annual Total - All Bonds Year Principal Interest Total 2027 1,497,974.84 203,108.68 1,701,083.52 2028 1,542,371.78 162,358.14 1,704,729.92 2029 1,080,958.19 120,267.23 1,201,225.42 2030 794,739.68 87,592.64 882,332.32 2031 627,721.93 63,485.69 691,207.62 2032 395,000.00 48,018.76 443,018.76 2033 405,000.00 37,650.00 442,650.00 2034 420,000.00 25,500.00 445,500.00 2035 430,000.00 12,900.00 442,900.00 Total 11,489,123.20 1,570,192.22 13,059,315.42 CERTIFICATE OF PARTICIPATION (COP): A Certificate of Participation is a lease-financing agreement used by governments which uses real estate as collateral to secure repayment of the debt. Under the agreement, Avon leases the property to the issuing bank, who then leases the property back to Avon during the debt repayment period. A local government will typically issue municipal bonds and use the proceeds to construct a project. COP financing is not a general obligation of the Town of Avon, only the pledged collateral is at risk. Therefore, COP’s financing does not require voter approval under the Taxpayers Bill of Rights. In COP financing the government assigns all its rights, title and interest in the lease, including the right to receive the rental payments, to a trustee under the trust agreement. The trust agreement provides details on the security of the certificate, the funds, and accounts to be administered, the terms of the certificate (such as distribution dates, interest rates and prepayment features) and responsibilities of both parties. The trustee under the trust agreement executes the certificates of participation that are purchased by the underwriter. PRIVATE vs PUBLIC (COP) FINANCING: Private Financing comes from non-governmental sources, such as corporations like a bank and is usually secured by private business assets or even personal assets, such as a home or building. Public financing, on the other hand, refers to financial support provided by local government. With public financing a local government will pledge Avon’s General Fund revenues, and the payments are subject to annual appropriations. Developers building housing projects with the use of private financing will see a higher interest rate than that of public financing, especially with current interest rates. Higher interest rates result in higher debt service payments, which increases the overall cost of the project. Privately financed Community Housing projects will require either greater subsidy or higher costs for the consumers to cover the higher costs of financing. As Avon pursues construction of Community Housing projects over the next several years public financing will be an essential component of delivering new housing at the lowest cost. This can be done in several ways described as follows: Direct Construction. Avon may directly design and construct Community Housing projects, including retaining architects, contractors, issuing debt, and overseeing the construction project in the same manner as other Town of Avon construction projects. This means the Town would secure the debt and build the project by hiring a general contractor. This approach requires a considerable amount of staff resources to oversee each stage of this process. Page 3 of 4 Contract for Development Services. Avon may contract with a developer to build Community Housing. Under this approach the Developer contracts with the architects, engineers, contractors and oversees construction. In order to achieve the lowest cost delivery of Community Housing, Avon (or another public housing authority) would likely still provide municipal bond financing. TIMELINE FOR COP FINANCING: The timeframe for public financing is typically 100 days and the steps are outlined below: Date Event Parties 1/8/25 Kick-Off Call ALL 1/22/25 First Draft of Preliminary Official Statement (“POS”) and Draft Ordinance Distributed to Working Group BC 1/29/25 Document Review Call ALL 2/7/25 Second Draft of POS and Ordinance Distributed to Working Group BC 2/13/25 First Draft of Rating Presentation Distributed UW 2/20/25 Comments Due – Rating Presentation ALL 3/11/25 Town Council to Authorize Ordinance and Form of POS – 1st Reading I 3/13/25 Call With Rating Agency I, UW 3/25/25 Town Council to Authorize Ordinance and Form of POS – 2nd Reading I 3/25/25 Receive COP Rating ALL 3/25/25 Final Comments Due – POS ALL 3/27/25 Post POS BC 4/8/25 COP Pricing ALL 4/17/25 COP Closing ALL Financing Team I (Issuer) • Town of Avon BC (Bond Counsel) • Butler Snow UW (Underwriter) • Piper Sandler COMPARISON: The following table demonstrates the difference between municipal COP bond financing and private financing for a hypothetical $20 Million debt issuance over a 30-year term to construct a 40 unit project. Page 4 of 4 Interest Rate Annual Debt Service Payment Total Costs Municipal COPs 4.5% $1,544,055 $46,321,675 Private Financing 8.75% $1,910,542 $57,316,284 Under this hypothetical scenario, the annual difference in cost from financing is $366,487, or $9,162 per Unit, or $763 per month per unit. The report is informational, and no formal action is required. Thank you, Paul _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY, AUGUST 26, 2024 PUBLIC MEETING BEGINS AT 5:30 PM 100 MIKAELA WAY – COUNCIL CHAMBERS ZOOM LINK: https://us02web.zoom.us/j/84441589495 PZC TRAINING: 5:00 PM Comprehensive Plan PUBLIC MEETING: 5:30 PM 1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON) MEETING COMMENCED AT 5:33PM. A ROLLCALL WAS TAKEN, AND ALL PLANNING COMMISSIONERS WERE PRESENT INCLUDING BILL GLANER, BRAD CHRISTIANSON, ANTHONY SEKINGER, OLIVIA COOK, NICOLE MURAD, KEVIN HYATT, AND BRIAN SIPES. ALSO PRESENT WERE TOWN MANAGER, ERIC HEIL, COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, PLANNER II MAX MORGAN, AICP, DEVELOPMENT COORDINATOR, EMILY BLOCK. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. 4. PUBLIC 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 PLANNING AND ZONING COMMISSION APPROVAL. COUNCIL MEMBER LINDSAY HARDY SPOKE ON BEHALF OF AVON TOWN COUNCIL TO THANK COMMISSIONER GLANER FOR HIS YEARS OF SERVICE ON THE PLANNING AND ZONING COMMISSION. 5. PUBLIC HEARINGS 5.1. MJR24005/AEC24005 NOTTINGHAM PARK IMPROVEMENTS – MAX MORGAN, PLANNER II, AICP ACTION: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE APPLICATION FOR AEC24005 WITH CONDITIONS AS PRESENTED IN THE STAFF REPORT, WITH THE ADDITIONAL FINDINGS: ANY OTHER ROOF PITCH WOULD CLASH WITH THE EXISTING STAGE ARCHITECTURE, AND THIS BUILDING SHOULD BE VISUALLY SUBSERVIENT TO THE STAGE. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0. . ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE APPLICATION FOR MJR24005 WITH CONDITIONS AS PRESENTED IN THE STAFF REPORT, WITH THE ADDITIONAL CONDITION: AFTER BIDDING, STEP WALL SHOULD BE CHANGED TO A CONTINUOUS SLOPE WALL. COMMISSIONER SIPES SECONDED THE MOTION, AND THE _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS. MOTION PASSED UNANIMOUSLY, 7-0. . 6. CONSENT AGENDA 6.1. JULY 8, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES 6.2. RECORD OF DECISION - REZ24001 EAST AVON REZONING – JENA SKINNER, AICP, PLANNING MANAGER ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER COOK SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0. 7. FUTURE MEETINGS 7.1. SEPTEMBER 9, 2024 (MONDAY – PZC TRAINING) NO NM, BC 7.2. SEPTEMBER 23, 2024 (MONDAY – NO PZC TRAINING) 8. STAFF UPDATES 8.1. APA CONFERENCE 9. ADJOURN ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 6:16PM. THESE MEETING 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY, EMILY BLOCK TO: Honorable Mayor Amy Phillips and Avon Town Council FROM: Max Morgan, AICP, Planner II Matt Pielsticker, AICP, Community Development Director RE: Planning and Zoning Commission Vacancy DATE: August 27, 2024 SUMMARY: This report is to inform Town Council of a vacancy on the Planning and Zoning Commission (“PZC”). Bill Glaner is moving out of Eagle County and has resigned. His term runs until May 2026. The Avon Municipal Code (“AMC”) states that Council shall appoint a successor to fill vacancies. The Town’s website (www.avon.org/jobs) continuously advertises for vacancies, however, no applications have been received since the April 2024 appointments. Staff will perform additional outreach, including press release(s) and social media, to solicit additional interest. In previous years, there have been discussions regarding composition, and the potential to lower the permanent number of PZC members to five (5). Staff conducted research to determine the size and composition of commissions for other Colorado municipalities. Staff examined information specific to municipalities with which the Town of Avon is comparable, relative to size and community characteristics. COMPOSITION: AMC Section 7.12.040, Planning and Zoning Commission (“Attachment A”) requires that the Town of Avon’s PZC includes seven (7) total members. Additionally, the AMC requires that five (5) of the seven (7) members are “registered electors of the Town at the time of their appointment to the PZC.” We visited the official websites for each Colorado municipality that is a member of the Colorado Association of Ski Towns (“CAST”) to assess the size and composition of their respective Planning Commissions and similar entities, such as a Board of Zoning and Architectural Review (“BOZAR”). Additionally, Staff reviewed several non-member websites to assess how CAST-members compared to non-CAST-members. CAST-Member PZC Sizes Nineteen unique members, not including Town of Avon were included in the research. Of the nineteen communities: •Ten (10) communities facilitate a seven-member Planning Commission, with zero members additionally represented on the Town Council or similar Board of Trustees o Communities: Breckenridge, Crested Butte, Glenwood Springs, Mountain Village, Mt. Crested Butte, Silverthorne, Snowmass Village, Steamboat Springs, Vail, and Winter Park •Four (4) communities facilitate a seven-member Planning Commission, with at least one member additionally represented on the Town Council or similar Board of Trustees o Communities: Blue River, Fraser, Granby, and Leadville •Two (2) communities facilitate a six-member Planning Commission o Estes Park: One of the six (6) members is required to additionally serve as a Trustee o Salida: None of the six (6) members are members of Town Council or a Board of Trustees •Three (3) communities facilitate a five-member Planning Commission o Communities: Dillon, Ouray, and Telluride None of the five (5) members are part of Town Council or a Board of Trustees in any of the three (3) communities •Additionally, four (4) PZCs in respective communities reported members who serve as “alternates” however, alternates are not included in the above totals. CAST-Member PZC Composition Many official websites for municipalities do not report the required composition of their Planning Commissions however, the majority of websites that did report this information confirmed that residency for all members is required. One municipality, Mountain Village, does not require any members to be residents or registered voters but indicated a “preference” for at least three (3) members to be residents or property owners in the town. Many municipalities indicate a preference, or in some cases a requirement, for members to have experience with planning, zoning, architecture, design, landscaping, or similar work that would provide experiential knowledge relative to the projects and applications they would review as members of the commission. Staff could not confirm if or how these preferences or requirements were evaluated by the municipality. Additional Research Population Size: The populations CAST-member municipalities included in the research represent a range between 762 and 13,241 people. Staff analyzed population data to determine if a correlation between larger populations and Planning Commissions exists. No correlation appears to exist. Non-CAST Members: Staff performed cursory review of municipalities of comparable population sizes that are non-CAST-members. Staff determined that more than several municipalities with over 1,000 residents do not have Planning Commissions and refer planning and development applications and hearings to the county- level. Anecdotal Insight: Staff contacted one municipality to confirm information on their website. The Planning Director for this municipality confirmed that they operate a seven-member PZC but were seriously considering reducing the size to five (5) members. Staff would be interested in engaging with CAST-members and non- CAST-members in order to assess interest in modifications to Planning Commission sizes and compositions. DISCUSSION: If the Town Council desires to deliberate PZC composition, including the number of members and/or revisiting the residency requirements (i.e. expanding composition to include Avon business owners not living in town), this agenda item should be moved to a regular agenda item for discussion. With Bill’s vacancy and the possibility of another vacancy in December if Kevn Hyatt is elected to Town Council, it could be a convenient time to lower the number of commission members. If there is no desire to change PZC composition, staff will continue to solicit interest and bring applicants before Town Council to fill the vacancy as soon as possible. Thank You, Max and Matt ATTACHMENT: A – AMC Section 7.12.040 Created: 2023-11-30 16:41:32 [EST] (Supp. No. 29) Page 1 of 3 7.12.040 Planning and Zoning Commission. (a)Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the Town. The purposes of the Planning and Zoning Commission (PZC) are as follows: (1)To implement the goals and policies of the Avon Comprehensive Plan; (2)To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its environs, that will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements; (3)To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; (4)To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code through design review of the exterior design of all new structures and property development and additions to all existing structures and property development. (5)The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting as the design review board are as follows: (i)To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; (ii)To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code; (iii)To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and (iv)To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. (b)Duties. The PZC shall have the following functions and duties: (1)Review development applications, amendments to the Avon Comprehensive Plan and amendments to this Development Code, provide recommendations to the Town Council and render decisions as such authority is indicated in this Chapter 7.12; (2)Upon request and direction by the Council, make and recommend plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof; ATTACHMENT A Created: 2023-11-30 16:41:32 [EST] (Supp. No. 29) Page 2 of 3 (3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the Town, and provide comments and recommendations thereon to the Council; and (4) Review and make recommendations to the Council about the design of proposed development, with due regard for design standards of this Development Code and other design criteria and guidelines adopted by the Town, code text amendments that address design review procedures and criteria and any design review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar items. (c) Membership. The PZC shall be composed of seven (7) members appointed by the Council. (d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC. Appointments should be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects or designers). Registered electors of the Town should be preferred over persons who are not registered electors. Persons having special skills and experience of particular value to the PZC should be preferred over persons who do not. (e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date. (f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC who ceases to possess the qualifications for office that the member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the PZC member continues to reside in the County. A member of the PZC may be removed by Council pursuant to Subsection (h), Removal from Office, below. (g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. (h) Removal from Office. A members of the PZC may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing. (i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting. (j) Compensation. All members of the PZC shall serve with compensation at a rate established annually by the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a PZC member. Created: 2023-11-30 16:41:32 [EST] (Supp. No. 29) Page 3 of 3 (k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications and other material for consideration for the PZC. (l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. (m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. (n) Material to be Submitted. The PZC shall adopt rules and regulations including procedures and schedules for applications requiring action by the PZC. (o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next agenda is full and will likely result in an overly long meeting. (p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The consultants may be retained to advise the Commission on a single project, on a number of projects or on a continuing basis. (Ord. 10-14 §3) 970-748-4413 matt@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Matt Pielsticker, Community Development Director RE: Abandoned Construction Activity/2390 Old Trail Road DATE: September 5, 2024 SUMMARY: This report is to inform Town Council of Staff’s intent to enforce the Public Nuisance provisions in the Avon Municipal Code for an abandoned construction site in Wildridge. The unfinished project at 2390 Old Trail Road will be served one final Notice of Violation and if work is not completed within sixty (60) days, Staff will bring an abatement hearing and lien action to the Town Council as prescribed by code. BACKGROUND: A remodel project at 2390 Old Trail Road (“Attachment A – Photographs”) has been ongoing for over 10 years. The scope of the project includes siding, decking and railings, two (2) windows, and one (1) sliding door. The Community Development Department previously issued a building permit in 2013, and that permit expired in 2014 after a lapse in activity. After working with the property owner in the spring of 2022, a new permit was issued to complete the work. The last building inspection took place on May 31, 2022. After another lapse in activity a Notice of Violation was delivered. A 60 day notice to remedy the violation was provided to the property owner. Again, there was no further construction activity. Staff continually receives inquiries and complaints from neighboring homeowners regarding this property. ABANDONED CONSTRUCTION ORDINANCE: The Avon Municipal Code defines abandoned building activity as “a property or premises on which the owner or developer thereof has not demonstrated continued material progress for at least six (6) consecutive months, or has allowed a building permit and/or right-of-way permit to expire as a result of significant construction activity being suspended or abandoned for at least six (6) consecutive months.” The notice and abatement provisions are attached to this report for convenience (See “Attachment B – Chapter 8.30- Abandoned Buildings and Building Activity”). Thank you, Matt Attachment A: Photographs of 2390 Old Trail Road. Attachment B: Chapter 8.30 – Abandoned Buildings and Buildings and Building Activity 2/7/2023 Photographs ATTACHMENT A 9/5/2024 Photographs Avon, Colorado, Home Rule Charter and Code Created: 2023-11-30 16:41:41 [EST] (Supp. No. 29) Page 1 of 2 CHAPTER 8.30 Abandoned Buildings and Building Activity 8.30.010 Definitions. For the purposes of this Chapter: Abandoned building means a building which the owner or lessee thereof has not occupied, for at least six (6) consecutive months. Without limiting the generality of the foregoing, any building for which the building permit has expired and for which no certificate of occupancy has been issued shall be presumed to be abandoned. Abandoned building activity means a property or premises on which the owner or developer thereof has not demonstrated continued material progress for at least six (6) consecutive months, or has allowed a building permit and/or right-of-way permit to expire as a result of significant construction activity being suspended or abandoned for at least six (6) consecutive months. Building means any aboveground improvement, structure or excavation and grading activity, finished or unfinished, which is intended, designed, built or adapted for eventual use to be occupied for residential or commercial purposes. Building Official means the person charged with the administration and enforcement of Chapter 15.04 of this Code. 8.30.020 Abatement of nuisance authorized. (a)Any abandoned building or abandoned building activity is declared to be a public nuisance. (b)Upon discovery of facts that there exist conditions constituting a public nuisance, the Building Official is authorized to immediately commence proceedings to cause the abatement of such public nuisance in the manner herein prescribed. (c)Abatement may be accomplished either by: (1)Reoccupation by the owner, or any tenant, lessee or other party entitled to possession after a determination by the Building Official that the building complies with all applicable requirements of this Code; (2)Demolition and removal of the building and filling of all excavations of abandoned building activity in compliance with all applicable requirements of this Code; or (3)In the case of any building for which no final certificate of occupancy was issued, completion of the building in compliance with all applicable requirements of this Code and issuance of a certificate of occupancy. (Ord. 06-06 §1; Ord. 86-18 §1(part)) 8.30.030 Abatement procedure. Upon discovery of conditions constituting a public nuisance, the Building Official shall give notice to cause abatement. Notification shall be personally served or sent by certified mail to all persons, firms, corporations and other entities which the records of the County disclose claim an interest in the building. The notification shall be in the following form: ATTACHMENT B Created: 2023-11-30 16:41:41 [EST] (Supp. No. 29) Page 2 of 2 NOTICE OF VIOLATION DECLARATION OF VIOLATION OF CHAPTER 8.30 OF MUNICIPAL CODE RELATING TO THE ABANDONMENT OF A BUILDING AND/OR BUILDING ACTIVITY. NOTICE IS HEREBY GIVEN that as of the _____ day of __________, 20___, the Town of Avon, has found and determined that conditions exist on the real property described as: which constitute a public nuisance and a violation of the provisions of Chapter 8.30, of the Avon Municipal Code, in that the building on said real property is abandoned, as defined in Section 8.3.0.010. That failure to abate the nuisance by reoccupation, demolition or completion of the building and/or restoration of the property or premises subject to building activity, according to the provisions of Section 8.30.020 of the Municipal Code, within sixty (60) days from the date of delivery of this Notice or within such additional time as may for good cause be permitted by the Building Official, shall result in the commencement of enforcement proceedings for the abatement of said public nuisance pursuant to the provisions of Chapter 8.30. That, if any completion, demolition, dismantling, moving, removal, additions to, or restoration or repair of any buildings and/or building activity, or reoccupancy of the premises is to be accomplished, or if any excavation of earth is to be performed by persons or entities affected by this notice, other than Town officials, agents or employees, appropriate permits must be obtained prior to the commencement of any such work. NOTICE IS FURTHER HEREBY GIVEN that any person affected by this Notice may appeal the determination of the Building Official to the Town Council by giving written notice of such appeal to the Town Clerk of the Town of Avon, P.O. Box 975, Avon, Colorado 81620, within ten days of receipt of this Notice. (Ord. 13-14 §2; Ord. 06-06 §1; Ord. 86-18 §1(part)) 8.30.040 Effect of voluntary abatement. If the public nuisance is abated by the owner of any building or building activity which is in a condition of abandonment within the sixty-day period allowed in the notice of violation, the Building Official shall cease further abatement proceedings. 8.30.050 Abatement hearing - Town action - lien. (a)Further abatement proceedings may be pursued by the Town when the notice of violation as provided in Section 8.30.030 has been served and abatement of the public nuisance has not been accomplished within the sixty-day period. However, if abatement of the public nuisance has been commenced within the sixty-day period, the Building Official may grant a single extension of time for sixty (60) days for good cause shown, such as delays beyond the control of the affected party or parties. (b)In the event the owner of an abandoned building and/or building activity fails to abate the public nuisance within the time allowed, the Building Official shall cause the nuisance to be abated either by demolition and removal of the building or by causing the building to be completed and/or the restoration of the property or premises to such a degree as, in the discretion of the Building Official, will accomplish abatement of the public nuisance. The cost of such abatement shall be assessed against such property as a lien which may be foreclosed upon in the manner provided for the foreclosure of mechanic's liens. The amount of such lien shall bear interest at the rate of eighteen percent (18%) per annum from the date of assessment until the same has been paid. (Ord. 13-14 §2; Ord. 06-06 §1; Ord. 89-11 §1; Ord. 86-18 §1(part)) 970-748-4072 cvanwinkle@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Chelsea Van Winkle, Senior Special Events Coordinator Danita Dempsey, Culture, Arts & Special Events Manager RE: Salute to the USA Post Event Report DATE: September 3, 2024 SUMMARY: This report contains a summary of Staff findings, observations and reporting as well as Intercept Survey data on the 38th annual Salute to the USA event, on July 3rd, 2024. This is submitted as a written report and no action by Council is requested. BACKGROUND: Avon’s hallmark and signature event Salute to the USA was held for the 38th year on Wednesday, July 3rd, 2024. The event is well established and can draw upwards of 25,000 people to Harry A. Nottingham Park and surrounding areas. This year’s event included a multi-layered fireworks display including a reimagined soundtrack, and headlining, multi–Grammy Award winning artist, Melissa Etheridge. Family entertainment / activities continue to be key elements of the event including the “Heart of the Valley” interactive art experience, “Inspiration River” rock painting, themed aerialists, several inflatable features, face painters, balloon sculptors, and a magician. POST EVENT REPORT: Salute to the USA is the most sophisticated Town produced event regarding marketing and promotions, operations and logistics, safety and security, stage production, and activations resulting in a highly memorable and shareable experience for attendees. Once again, the event was executed well, and all operational aspects ran smoothly. All departments and Staff were positive, initiative- taking, communicated well, and did a fantastic job. The number of guests through the gates is estimated at 20,835 (approximate guest count in 2023 = 19,439 2022 = 18,534; 2021 = 8,300, 2019 = 21,232). Guests were clicked by Staff and/or volunteer personnel as they accessed the venue via four main entry points located at (1) Gate D between the Recreation Center and Library, (2) Gate C Lake Street South terminus, (3) Gate B Lake Street North terminus, and (4) Gate A pedestrian bridge near the playground. Estimating crowd attendance at a free event / venue is more art than science. However, using the data that we collected, and the historical and institutional knowledge of Staff, we can get relatively close to an actual attendance number. Based on drone images, bar sales, portable restroom capacity, volume of trash, recycle, and compost products, food vendors lines and sales, bus ridership reports and the inability to move easily through the venue, Staff believes the attendance to be larger than 20,835 people clicked at the gate. Based on that analysis and careful not to over inflate attendance number, Staff estimates attendance is likely closer to 23,000 to 24,000. Intercept Insights, LLC surveyed the event via in-person intercept and QR code methods in both English and Spanish; 18.8% of the responses were recorded in Spanish, down slightly from 24.3% in 2023. The survey report highlights are provided below, and the full survey report is provided as Attachment A. 1. Total completed surveys – 101 | 95 In-person Intercepts | 6 QR Code Completions 2. Sample size provides statistical validity with an error rate of 9.7% at a 95% confidence interval 3. Estimated attendance – 23,000 4. Estimated revenue generated to the Town of Avon – 3.5M 5. Overall Satisfaction Score – 97 (up from 89 in 2023) Page 2 of 4 6. 67% of the attendees came to Avon, CO specifically for the Salute to the USA (decrease of 11% from 2023) 7. 60% of the attendees had attended Salute to the USA in the past (decreased 5% from 2023) 8. “Word-of-mouth” and “Newspaper” were selected most when asked, “How did you hear about, and/or where did you see advertising for Salute to the USA?” (Like 2023 and 2022) 9. 82% are “Very” or “Extremely Likely” to return in the future (decreased 1% from 2023) 10. Average age of respondents – 45.1 | Average age of children under 18 – 8.2 11. 75% of the attendees staying in paid lodging stayed in Avon, CO (decrease of 15% from 2023) 12. Average nights stayed in paid lodging in Avon, CO – 3.4 (decrease of 9% from 2023) 13. Estimated number of room nights generated in Avon – 2,567 (decrease of 143 room nights over 2023) 14. Estimated average nightly rate in Avon - $503 (Increase of $123 per room/night from 2023) Furthermore, the open-ended questions section of the survey participants was asked, “What can we do to increase your likelihood to recommend this event? as well as “Is there one thing we can do to enhance your experience in the future?”. The most common responses for both questions were (1) related to venue capacity (2) long food and beverage lines (3) getting to/from the venue/parking and (4) provide more “things” and in Spanish. The remainder of this report provides a brief list of what Staff believes functioned well, and areas identified as needing improvement and/or adjustment. Additionally, a detailed Final Post Event Brief arranged by (1) Production & Talent (2) Security, Medical & Emergency Response (3) Sanitation & Resource Recovery (4) Marketing, Promotions & Communications (5) Transportation & Parking; and (6) Operations & Logistics to allow for ease of organizing the information, the Final Post Event Brief is provided and attached as Attachment B. Additionally, a mini photo gallery is provided as Attachment C. Functioned Well: 1. Digital GIS Event Maps created by Staff and available to the public, vendors, and Staff. 2. The Trash, Recycle and Compost Diversion rate was the highest yet at 81.03%. 3. New language on the video walls on stage regarding “…picking up trash after event…” along with the amazing work of the Walking Mountains team, resulted in less trash being left on the ground than 2023. 4. Increased ADA parking at the Rec. Center north and Town Hall lots supported by more ADA parking signage and Staff to guide users on access to the venue. 5. Increased bar sales by 6.4%; from $51,400 last year to $54,700 this year. a. Approx. Sales Tax generated by bar sales = $4,239. 6. Increased number of food vendors by 13%; from 22 last year, to 26 this year. a. At the time of this report, vendor sales tax numbers are not available. 7. Increased number of standard and ADA portable restrooms and adjusted banks of restrooms to accommodate capacity issues from last year. 8. VIP Experience continues to be well received by attendees and the addition of a laptop for guest check-in worked well. A total of 180 food coupons and 225 entry coupons were collected. 9. Avon Transit Special Event Shuttle reporting shows a 79.7% increase in overall ridership over last year. 10. Use of Meridian Vehicle Barriers at all four (4) main gates continues to provide guest safety and visually enhance entrances. Page 3 of 4 11. Addition of the Frosted Flamingo “inspiration river, painted rocks” project; 465 unique creations to that are installed on the Main Street Mall for the community to enjoy. 12. The “360 Selfie Video” activity reported 105,454 total impressions (up 34% over 2023) and 31,527 social reaches (up 34% over 2023), continuing to elevate social media awareness. 13. Event marketing and promotions including print, digital, radio, light pole banners, and social. Social specifically, resulted in over 32,000 impressions. 14. Headline and opening talent were great fits for the Avon brand, huge successes and enjoyed by the multiple generations in attendance! 15. Increased communication with SUP CO regarding lake closure and SUP CO operations. 16. Pre-event communications, planning materials and “All Staff Meting” meeting was well received and supported everyone’s success. 17. Staff Comments: a. “Knowing my wheelhouse made me more efficient……This is related to great job on the communication. The emails going out with everyone’s job was very helpful.” b. “Everything seemed to go so smoothly and everyone who was there seemed super happy, it was a fun night, and you all did an absolutely incredible job!” c. “The event was wonderful! I can't believe how much it's grown since I moved here 20+ years ago. It was basically standing room only by the time the music started.” Areas for Improvement / Adjustment: 1. Increased food vendors equate to an increase in power needs, thus additional power assets are required. 2. Reduce depth of “service area” behind vendors on north side due to increase safety for their and our staff. 3. Wi-Fi during the height of beverage service at the bar was less than desirable specifically on the north side of the venue. Staff are working with the service provider, Resort Internet to determine the issue with service. 4. Water Monster location and low water pressure creates service issues during the event and guests are inconvenienced while Staff refills the Water Monster. 5. Better communication to ensure the branded reusable bags are at the gates prior to opening. 6. Explore using Eventbrite for VIP invitations, tracking and reporting. 7. Bars were not fully stocked with product prior to gates and difficult for Staff to maneuver through crowd to restock during the event. 8. Competition for bar staff due to the Gerald R. Ford Amphitheater concert on the same day resulted in numerous new bar staff and familiarity. 9. Reinstate security behind each vendor row to reduce guests jumping over barricade fencing, tripping on power cords and enforcing vendors staff wristbands. FINANCIAL CONSIDERATIONS: The Approved 2024 Budget event expense is $385,306 and at the time of this report, the year to date spend is $356,995 representing a savings of $28,311. The Approved 2024 Budget event revenue projection is $70,350 ($10,000 in sponsorship, $51,000 in bar sales, and $9,350 in vendor booth fees), and the actual year to date gross revenue is $70,600 ($54,700 in bar sales and $15,900 in vendor booth fees). Therefore, at the time of this report, the net expense is $286,395. Finally, sponsorship resulted in a direct savings of $5,700 (Vail Honeywagon and Waste Management) and an indirect savings of $8,880 (Vail Daily, 11Eleven Creative and KZYR). Page 4 of 4 Thank you, Danita & Chelsea Attachment A: Salute to the USA 2024 Survey Report Attachment B: Final Post Event Brief – Salute to the USA 2024 Attachment C: Photo Gallery Salute to the USA SALUTE TO THE USA DASHBOARD Prepared for: Town of Avon Prepared by: Intercept Insight, LLC PO Box 2078 Avon, CO 81620 970.331.1086 www.interceptinsight.com ATTACHMENT A HIGHLIGHTS v Total completed surveys – 101 | 95 In-person Intercepts | 6 QR Code Compleons v Sample size provides stascal validity with an error rate of 9.7% at a 95% confidence interval v Esmated a*endance – 23,000 v Esmated revenue generated to the Town of Avon - 3.5M v Net Promoter Score – 80 v Overall Sasfacon Score – 97 v 67% of the a*endees came to Avon, CO specifically for the Salute to the USA v 60% of the a*endees had a*ended Salute to the USA in the past v 82% are “Very” or “Extremely Likely” to return in the future v “Word-of-mouth” was selected most when asked, “How did you hear about, and/or where did you see adversing for Salute to the USA?” v 64% of those who saw adversing in a newspaper, saw it in a Vail Daily print ad v 75% of the a*endees staying in paid lodging stayed in Avon, CO v Average nights stayed in paid lodging in Avon, CO – 3.4 v Esmated number of room nights generated in Avon – 2,567 v Esmated average nightly rate in Avon - $503 v Average age of respondents – 45.1 | Average age of children under 18 – 8.2 SALUTE TO THE USA SALUTE TO THE USA FILTERS 2022 2023 2024 0K 5K 1.. 1.. 2.. 2.. 3.. 3.. 4.. 4.. 5.. . . . . . . . . . 23,00022,000 16,500 $2,336,856 $2,668,905 $3,513,104 Attendance and Revenue Generation Year All SALUTE TO THE USA FILTERS 2022 2023 2024 0% 20% 40% 60% 80% 100% 3%2%10%14%25%15% 80%71%64% 83%73%74% Net Promoter Score Year All Legend Promoters Net Promoter Score Passive Supporters Detractors Overall satisfaction Availability of food & beverages Quality of food & beverages Friendliness of staff Quality of the Entertainment 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0 20 40 60 80 100 97 8988 93 8388 93 8792 98 9094 95 8788 Attribute Satisfaction Ratings SALUTE TO THE USA FILTERS A good headline Don’t wanna share Get a bigger venue Incluir música en español More beer lines More water What can we do to increase your likelihood to recommend this event? Year 2024 SALUTE TO THE USA FILTERS Easier getting to and from the foods Figure out the lines Incluir más cosas en español Más música en español Mejor parqueadero More chairs or rental chairs More face painters and ballooners No suggestions. Great fun! No- thank you!! You are wonderful! Nothing Pierogi food truck from Glenwood springs Some sort of golf cart to bring older people closer to the event Is there one thing we can do to enhance your experience in the future? Year 2024 SALUTE TO THE USA FILTERS Came for event Heard about it after arrival 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 20% 40% 60% 80% 67% 78% 73% 33% 22% 27% Reason for Visiting Avon Year All Not at all Likely Not Very Likely Somewhat Likely Very Likely Extremely Likely 20 2 2 20 2 3 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 20% 40% 60% 1%3%3%1%3% 15% 19% 10% 53% 35% 28%29% 44% 55% Intention to Return SALUTE TO THE USA FILTERS First year 2 years 3 years 4 years 5+ years 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 10% 20% 30% 40%40% 35% 38% 16% 12% 10%9% 14% 8% 3%3% 7% 33% 36%38% Prior Attendance Year All Self Spouse or significant other Family (including children) Family (not including children)Friends and Family Friends Only Group 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 3 0% 10% 20% 30% 40% 9% 7% 12% 41% 21% 24%26% 28%29% 6%6% 15% 7% 18% 14% 12% 19% 6% 2% With Whom Attended SALUTE TO THE USA FILTERS Yes No 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 10% 20% 30% 40% 21% 37% 26% 5% 2% 9% Are you with children < 18? Year All 1 C h i l d 2 C h i l d r e n 3 C h i l d r e n 4 C h i l d r e n 5 C h i l d r e n Mo r e t h a n f i v e ch i l d r e n 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 3 20 2 4 20 2 2 20 2 3 0% 20% 40% 33% 13% 30% 43% 50% 44% 10% 24% 11%10% 5%4%5%5%3% 11% Number of Children < 18 20 2 2 20 2 3 20 2 4 0.0 2.0 4.0 6.0 8.0 8.28.3 7.0 Average Age of Children SALUTE TO THE USA FILTERS Em a i l Ra d i o Ne w s p a p e r Fr i e n d s / F a m i l y To w n o f A v o n We b s i t e Di s c o v e r A v o n We b s i t e Go o g l e S e a r c h Ot h e r W e b s i t e Fa c e b o o k / I n s t a g r a m Po s t e r Co n c i e r g e Ba n d s i n T o w n Ot h e r 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 20% 40% 3%2%2% 5%7% 25% 15% 29% 45%44% 31% 13%10% 6% 3%2% 10% 7% 4%1%2% 8% 14%16% 20% 13% 3%2%3%3%3% 12%12% Media/Awareness Year All Va i l D a i l y ( P r i n t ) va i l d a i l y . c o m su m m i t d a i l y . c o m Ot h e r No n e o f t h e s e 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 50% 100% 64% 81% 41% 29% 5%5% Newspaper Advertising SALUTE TO THE USA FILTERS Pr i m a r y R e s i d e n c e Pa i d L o d g i n g Fr i e n d s / F a m i l y 2n d H o m e Ti m e s h a r e VR B O / A i r B n B Da y T r i p Ca m p i n g Ot h e r ( P l e a s e sp e c i f y ) 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 4 20 2 2 20 2 3 20 2 3 20 2 4 0% 20% 40% 60% 46% 58%54% 12%12%12%8%8%9%13%12%7%12% 6%6%6%3%6%3%4%1%1%1%1% Accommodations Year All Av o n Be a v e r C r e e k Ea g l e V a i l Va i l Br e c k e n r i d g e Ea g l e Ke y s t o n e Le a d v i l l e Di l l o n / S i l v e r t h o r n e Ed w a r d s Gy p s u m Mi n t u r n 20 2 2 20 2 3 20 2 4 20 2 2 20 2 4 20 2 2 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 2 20 2 4 20 2 3 20 2 4 20 2 3 20 2 4 20 2 3 20 2 3 20 2 4 0% 20% 40% 60%63%67%67% 7% 12% 7%9%8%7% 2%2%2%2%2%2%2%2% 13%14% 6%2%2% In what town are you staying? Click on the accommodation type to see in which town the respondent was staying SALUTE TO THE USA FILTERS 1 - 2 3 - 5 6 - 7 8 - 10 11 - 14 15+ 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 4 0% 20% 40% 21%22% 10% 29% 39% 46% 17% 31%29% 10% 6%7% 19% 2%2%5%5% Nights Stayed Categories (All Accommodations) Year All 20 2 2 20 2 3 20 2 4 0.0 2.0 4.0 6.0 3.4 4.3 5.5 Average Nights Stayed (Paid Lodging in Avon) SALUTE TO THE USA FILTERS Lodging Spend Dining Spend Vendor Spend Retail Spend Activities Spend 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 $0 $1,000 $2,000 $1,147$1,131 $1,928 $174$114$126 $67$73$61 $22$41$30 $20$53$39 Average Household Spend in Avon by Category Year All 20 2 2 20 2 3 20 2 4 $0 $100 $200 $300 $400 $500 $600 $503 $380 $529 Average Nightly Rate Generated in Avon 20 2 2 20 2 3 20 2 4 0 1,000 2,000 3,000 2,5672,7102,643 Room Nights Generated in Avon SALUTE TO THE USA FILTERS 0% 1% 7% 0% 1% 1% 1% 1% 1% 1% 0% 0% 0% 2% 1% 0% 0% 1% 0%1% 1% 2% 73% 1% 0%1% © 2024 Mapbox © OpenStreetMap Origin Year All 0%73% Percentage SALUTE TO THE USA FILTERS Co l o r a d o Te x a s Fl o r i d a Ar i z o n a Ch i l e En g l a n d Ge o r g i a Ka n s a s Ma s s a c h u s e t t s Me x i c o Mi n n e s o t a Mi s s o u r i 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 4 20 2 2 20 2 2 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 2 20 2 2 20 2 3 20 2 2 20 2 2 20 2 3 20 2 2 20 2 2 20 2 2 20 2 2 20 2 2 0% 10% 20% 30% 40% 50% 60% 70% 80% 68%75%73% 10%4%7%4%1%2%3%1%1%2%2%1%1%1%1%1%1%2%2%4%1%1% States of Origin Year All Local In-State Day In-State Overnight Out-of-State International 20 2 2 20 2 3 20 2 4 20 2 2 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 20% 40% 60% 46% 58% 54% 3%4% 22% 17%15% 29% 21%22% 1%3%4% Market Segment SALUTE TO THE USA FILTERS Av o n Ed w a r d s Va i l Ea g l e V a i l Gy p s u m Ea g l e Mi n t u r n Re d c l i f f Ot h e r ( p l e a s e sp e c i f y ) 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 2 20 2 3 0% 20% 40%42% 25%27%29%28% 23% 7%7% 16% 7% 13% 4% 8%10% 16%18% 4%2%1%3%1% 6%3% In which community do you live? Year All Ea s t C o r e ( v a l l e y f l o o r e a s t o f A v o n R o a d – Ch a p e l S q u a r e ) Hu r d L a n e / E a g l e b e n d Mo u n t a i n S t a r No r t h s i d e – M e t c a l f a n d N o t t i n g h a m R o a d s No t t i n g h a m P a r k / L a k e A r e a Ot h e r ( p l e a s e s p e c i f y ) To w n C o r e A r e a ( b e t w e e n A v o n R o a d a n A v o n Re c C e n t e r ) Vi l l a g e a t A v o n , P i e d m o n t , B u f f a l o R i d g e We s t A v o n ( v a l l e y f l o o r w e s t o f A v o n El e m e n t a r y – S u n r i d g e / A s p e n s / L i f t v i e w ) Wi l d r i d g e 20 2 2 20 2 3 20 2 2 20 2 3 20 2 2 20 2 3 20 2 2 20 2 3 20 2 2 20 2 3 20 2 2 20 2 3 20 2 3 20 2 2 20 2 3 20 2 2 20 2 3 20 2 2 20 2 3 0% 20% 40% 5%5%9%11%9%11% 5% 11%14%11% 5% 16% 5%5%5%9% 16% 36% 16% In which part of Avon do you live? SALUTE TO THE USA FILTERS Married w/ children living at home Married w/ children not living at home Married w/o children Single w/ children living at home Single w/ children not living at home Single w/o children Prefer not to answer 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 10% 20% 30%28% 33%33%35% 18% 24% 12%13% 17% 7% 3%4%2%4% 12% 26% 16% 3% 7% 2% Family Status Year All Own Rent Prefer not to answer 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 20% 40% 60% 80% 73%75%74% 25% 20%21% 2%5%4% Own vs. Rent Primary Residence SALUTE TO THE USA FILTERS So m e H i g h S c h o o l Hi g h S c h o o l So m e C o l l e g e As s o c i a t e s D e g r e e ( 2 y e a r ) Ba c h e l o r ' s D e g r e e ( 4 Y e a r ) Po s t G r a d u a t e D e g r e e Pr e f e r n o t t o a n s w e r 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 20% 40% 1%2%3% 12%8% 15% 8% 14% 7%10%7%2% 32% 42%47% 34% 23%17% 4%4%7% Education Level Year All St u d e n t $0 - $ 2 4 , 9 9 9 $2 5 , 0 0 0 - $ 5 4 , 9 9 9 $5 5 , 0 0 0 - $ 7 4 , 9 9 9 $7 5 , 0 0 0 - $ 9 9 , 9 9 9 $1 0 0 , 0 0 0 - $ 1 9 9 , 9 9 9 $2 0 0 , 0 0 0 - $ 4 9 9 , 9 9 9 $5 0 0 , 0 0 0 + Pr e f e r n o t t o a n s w e r 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 20% 40% 2%4%1% 4%2%2% 6%5% 9% 6%4%2% 11%11% 7% 20% 25% 17%14% 20% 14% 10% 5%6% 28%25% 42% Income Categories SALUTE TO THE USA FILTERS Fe m a l e Ma l e Pr e f e r n o t t o a n s w e r 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 0% 20% 40% 60% 50% 45%45%50%54%54% 1%1% Gender Year All Wh i t e / C a u c a s i a n Hi s p a n i c / L a t i n x Bl a c k / A f r i c a n Am e r i c a n As i a n Na t i v e Am e r i c a n / A m e r i c a n In d i a n Na t i v e Ha w a i i a n / P a c i f i c Is l a n d e r Ot h e r Pr e f e r n o t t o a n s w e r 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 50% 100% 78% 69%67% 20% 29%27% 2%1%3%2%2%1%3%0%0%0%0%0%0%1%3% Ethnicity 18 - 20 21 - 24 25 - 34 35 - 44 45 - 54 55 - 64 65+ 20 2 3 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 10% 20% 30% 2%1% 5% 12% 19% 13% 14% 29%29% 23%22% 21%20% 13% 20% 30% 10% 18% Age Categories 20 2 2 20 2 3 20 2 4 0.0 10.0 20.0 30.0 40.0 50.0 45.145.0 48.7 Average Age SALUTE TO THE USA FILTERS Ou t d o o r E n t h u s i a s t (c a m p i n g , h u n t i n g , fi s h i n g ) Tr a v e l e r Wi n e & F o o d i e Sp o r t s E n t h u s i a s t (h i k i n g , b i k i n g , sk i i n g ) He a l t h & F i t n e s s Ho m e E n t h u s i a s t (g a r d e n i n g , p e t ow n e r , a v i d r e a d e r ) Te c h E n t h u s i a s t In v e s t m e n t & M o n e y Ho b b i e s & I n t e r e s t s (c o l l e c t o r , c r a f t s , ho m e s h o p ) Cr a f t B e e r En t h u s i a s t Ar t s E n t h u s i a s t (m u s i c , d a n c e , Th e a t r e ) Li v e M u s i c En t h u s i a s t Ot h e r 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 20 2 2 20 2 3 20 2 4 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 46% 52% 47% 42% 51% 42% 26% 33% 41% 37%39% 36% 20% 29% 20% 5% 18% 14% 4%3%5% 20% 12%12% 16%16% 12% 25% 27% 15% 22%22% 31% 35% 32% 5% 2%3% Lifestyle Categories Year All ATTACHMENT B - POST-EVENT BRIEF EVENT OVERVIEW EVENT NAME DAY/DATE AND TIMES PRODUCER Salute to the USA Wednesday, July 3 rd, 2024 Start Time: 5:00pm End Time: 10:30pm ☒ Town Produced ☐ 3rd party _______________ LOCATION ESTIMATED ATTENDANCE/FREE OR TICKETED WEATHER DURING EVENT Avon Pavilion and Nottingham Park 23,000 estimated attendees 20,835 people came through the gates. • GATE A: 7,618 (PLAYGROUND) • GATE B: 2,947 (LAKE STREET N.) • GATE C: 4,811 (LAKE STREET S.) • GATE D: 5,459 (LIBRARY/REC.) Temp: High 73 Low 43 Wind: Had gusts of wind during set up but died down by gates Rain/Snow: N/A Weather was beautiful, great temperature with some cloud coverage BRIEF EVENT DESCRIPTION The 38th Annual Salute to the USA – a celebration that's all about family, tradition, community, and pure excitement! Join us at the heart of the action in Harry A. Nottingham Park, where the atmosphere is buzzing with kids’ activities like face painters, balloon sculptors, magicians, and even inflatable fun houses that promise endless thrills as well as artful activations that create connection to arts and culture in our community. From the zingy freshness of squeezed lemonade to the irresistible allure of funnel cakes, and the savory goodness of turkey legs to the smoky perfection of roasted ears of corn – there's something for every taste bud. In addition to our incredible food options, you can stop by the Hahnewald Bar for a refreshing ice-cold beverage. But the real magic happens when the Grammy Award-winning artists hit the stage, setting the scene for a night of dancing and singing that will resonate through the entire community. And just when you thought it couldn't get any better, brace yourselves for one of the biggest fireworks shows in Colorado, lighting up the night sky over Nottingham Lake! This isn't just an event; it's a celebration of togetherness, joy, and the spirit of community that makes Avon shine. Don't miss out on the magic! Opener: Texas Hill Headliner: Melissa Etheridge EVENT DETAILS CASH FUNDING IN-KIND FUNDING: ESTIMATED COST ALCOHOL SERVED 2024 ADOPTED BUDGET = $385,306 $ _________________________________ ☒ Yes, Town Served ☐ Yes, BYOB ☐ Yes, S.E. Permit ☐ No STAFF OBSERVATI0NS/RECOMMENDATIONS Overall, the entire event ran smoothly, especially with having large production needs, new staff and fireworks. The team was firing on all cylinders and was positive, proactive and did a fantastic job. There are only a few minor adjustments to consider for next year. Avon staff continues to come together to put on the best Independence Day celebration in the Valley! Functioned Well: • Overall, Town of Avon Staff communicated well and worked extremely hard to put on a successful event. • Pre-event communications, planning materials and “All Staff Meting” meeting was well received and supported everyone’s success. • The Public Operations and Buildings team is seasoned and happy to be there. Their attitudes were great, and they worked well together to get everything done as well as pivot when needed. • Public Operations, Building and Events Team worked well together and stayed ahead of schedule setting event assets. • Digital GIS Event Maps created by Staff and available to the public, vendors, and Staff. • The Trash, Recycle and Compost Diversion rate was the highest yet at 81.03%. Page 2 • Increased ADA parking at the Rec. Center north and Town Hall lots supported by more ADA parking signage and Staff to guide users on access to the venue. • Increased bar sales by 6.4%; from $51,400 last year to $54,700 this year. o Approx. Sales Tax generated by bar sales = $4,239. • Increased number of food vendors by 13%; from 22 last year, to 26 this year. o All vendors did very well, and we did not receive any complaints or issues from vendors. • Avon Transit Special Event Shuttle reporting shows a 79.7% increase in overall ridership over last year. • Use of Meridian Vehicle Barriers at all four (4) main gates continues to provide guest safety and visually enhance entrances. • Headline and opening talent were great fits for the Avon brand, huge successes and enjoyed by the multiple generations in attendance! • Increased communication with SUP CO regarding lake closure and SUP CO operations. • The weather was phenomenal with mild temperatures, low winds and rain in the weeks leading into Salute to the USA. Staff were therefore less concerned about launching fireworks. • The Avon Library staff was thankful for our staff and appreciated the communication and assistance. • Staff Comments: o “Knowing my wheelhouse made me more efficient……This is related to great job on the communication. The emails going out with everyone’s job was very helpful.” o “Everything seemed to go so smoothly and everyone who was there seemed super happy, it was a fun night, and you all did an absolutely incredible job!” o “The event was wonderful! I can't believe how much it's grown since I moved here 20+ years ago. It was basically standing room only by the time the music started.” Areas for Improvement/Adjustment: • Increased food vendors equate to an increase in power needs, thus additional power assets are required. • Reduce depth of “service area” behind vendors on north side due to increase safety for their and our staff. • Wi-Fi during the height of beverage service at the bar was less than desirable specifically on the north side of the venue. Staff are working with the service provider, Resort Internet, to determine the issue with service. • Water Monster location and low water pressure creates service issues during the event and guests are inconvenienced while Staff refills the Water Monster. • Better communication to ensure the branded reusable bags are at the gates prior to opening. • Explore using Eventbrite for VIP invitations, tracking and reporting. • Bars were not fully stocked with product prior to gates and difficult for Staff to maneuver through crowd to restock during the event. • Competition for bar staff due to the Gerald R. Ford Amphitheater concert on the same day resulted in numerous new bar staff and familiarity. • Reinstate security behind each vendor row to reduce guests jumping over barricade fencing, tripping on power cords and enforcing vendors staff wristbands. • Consider pre-event “reserved parking” for elected officials. • Create signage with a schedule of events and venue map to post near stage and entrances. Operations & Logistics: • Power: o This year we maxed out the power available in the park. Next year, must keep the vendor number the same. o Ordered a generator from Wagner that is extremely helpful and needed. o Wagner spider boxes were not reliable, need to budget to purchase 2-3 more spider boxes and 3-5 50ft cables. o Events and Buildings teams met to go over what vendors had, what plugs and amps and were able to place vendors appropriately. Still vendors need more cords than we had and had to splice cords during the event. o Express the need for accurate power requirements to vendors. o Park fencing was placed after power was installed and as a result boxes were outside of the fence area. The public was messing with the plugs. Note for facilities to ensure that they are placing all spider boxes inside the fencing area. • Fencing: o The temporary fencing team notified Avon late that they were pushing back set up by a day. Caused some issues with fireworks being loaded onto the dam without permanent fencing being in place. The fencing team was here all day, and our team was stretched to continue to check on them and release them at end of day. o Pre-set up communication with the fencing team was well done and staff maps provided helped make for a smoother set up. • Staffing: Page 3 o 115 Town staff across all departments worked at the event! This is amazing, we ended up having enough staff to help with the entire event and did not bring in volunteers or temporary staff. o The event team continues to dial in the schedule and make sure we are using people where we need them. o Heard the least number of complaints from staff about positions, times, etc. o Four (4) temporary Rec staff plus two (2) volunteers were hired/brought in for July 4th to help clean up the park. Clean up was done by the late morning. o Feeding all those working at the event continues to be an operational struggle with timing of meals offered, ordering, and delivering meals. o Staff enjoyed their Salute to the USA gift! o Having the additional golf carts (6 PO, 2 Buildings, Fleet) helped with set up and tear down. Able to give everyone a cart who needed one, huge win! • VIP Area: o VIP Experience continues to be well received by attendees and the addition of a laptop for guest check-in worked well. A total of 180 food coupons and 225 entry coupons were collected. o Explore using Event Bright for VIP invitation, tracking and reporting. o Functions great on the back of the Terrace and VIP guests love being able to view the fireworks from the Terrace. o Light up VIP signage helped with guests realizing it was a VIP area but still had questions about using the restroom and guests trying to access the walking path. o The entry tear-off system on the lanyards works really great. Suggestion to print “this credential is non-transferable” on them. o Public Operations staff brought all tables and chairs up to the Terrace for set up and brought all tables downstairs while the VIP staff had to bring down chairs. • Bar: o Fleet staff do a great job in setting up the bars, they all have been doing it for a couple of years and are able to work without a ton of oversight. o Wi-Fi on North Side was unstable for about 10-15 minutes and causing backups. o Consider placing volunteers at the bar line to check IDs to create less work and time for the bartenders, which may move people through lines quicker. o Large “ID required” sign on all bar tents. o Bar lines were moved quickly, 40ft. bars worked well for the crowd size. o Separate products in all beverage tubs to make it easier for bar staff to find appropriate products. o Had trouble hiring bartenders due to Ford Amphitheatre also having a show. Paid social post worked well for recruitment, and we were fully staffed. o Having new bar staff work Salute and not as experienced may have caused slight discrepancies in the POS. o Barbacks were assigned to a specific bartender but was not practiced in the field resulting in less organization in the field. o Explore adding four (4) additional POSs to our inventory. o Explore purchasing additional bar infrastructure to reduce heavy reliance on outside agency and payroll cost to build bars. • Food Vendors: o All food vendors said they were successful and were one of the biggest yet. o Reduce depth of “service area” behind vendors on north side, specifically. o Reinstate that wristbands must be always worn and by all individuals working, explain the hazards of allowing their friends and family behind their spaces, noting this will not be allowed. o Lines felt less long with the increase in vendors to 26 from 22. o We are maxed out on power and space for the field. Food vendors do not do a good job communicating their power needs which makes it hard for our staff. o No issues with vendors and parking passes this year. o Vendors were made aware of cut off times for selling and power and did not have issues this year with clearing the field. • Entertainment and Art Vendors o Pat Milbery – Heart of the Valley Activation:  Staff really enjoyed working with Pat, he is engaging and friendly.  The lounge was great and a good additional activation to engage the community in art.  Had great social presence with Heart of the Valley art activation.  Tons of people took photos with the Heart of the Valley Activation. The spot was great although later in the evening had to move people out of the way as they would sit in front of it. o Kids Zone:  Adjusted layout of inflatables to create more space which worked well.  Aerialists were fun and a new addition from the stilt walkers. Page 4  Resort Kids: “Wow- you all did an incredible job! It was huge! There were so many kids, but it ran so smoothly! I switched up the layout a bit which provided an open space to enter bounce house zone by walking past the aerialists, and that worked really well. I also added some signage, “line starts here” and had two 5 and younger units, which seemed to really control the chaos and help to provide some direction. Thank you for having us, Salute is an event we really look forward to and enjoy working!” o NEW - Frosted Flamingo Inspiration River Rock Painting  Great activation engaging our community in art.  Frosted Flamingo said that community members were so excited that their rocks would be displayed in Avon and thought it was very cool that got to see their art throughout town.  465 Rocks were painted, some guests took the rocks with them but most left them to be displayed on Main Street Mall o 360 Video was once again well received. The stats show that we had higher reach and impressions from this year compared to last year. It is in a fun location and the added VIP photos are nice for those guests.  87 Photos (VIP) / 149 Videos  439 Shares / 1,176 Views  31,527 Reach / 105,454 Impressions (2023: 78,309 Impressions) Production & Talent: • Kaleidoscope Production provided timely, high-quality, professional, and safe stage production and artist production advance. Production enhancements included two (2) video walls and uplighting of trees surrounding the park. • Having runners and band liaison for Melissa Etheridge and her team was helpful to eliminate strain on Staff. • Prepped both green rooms early which helped the team get ahead. • The opener was placed in the Recreation Center, not the most ideal location but worked for group. • Heard from one guest that the sound coming over the speakers on the north side of the stage was too loud and took away from the fireworks. Security, Medical, & Emergency Response: • Minimal security or medical needs. • Chief Daily and team always do an amazing job! • PD talking at pre-event meetings is helpful to collaborate with Staff who is not accustomed to an event environment. • Entrances and Meridian Barriers worked well again this year. Created a safe barrier better than vehicles. • Reinstate security behind vendor rows. Had issues with guests jumping the fence, opening gates, and roaming behind vendor areas. • Security informing people they cannot bring in food and confused on height of low-back chairs, which luckily was clarified by 5pm. Staff clarified low back chairs are less than 30” which will be added to event FAQs. Sanitation & Resource Recovery: • Restrooms: o Per information from Honeywagon operations the portable restrooms were all 70 to 75% full, except units near the Recreation Center which were at full capacity. o Digital map with restrooms helped the public and Honeywagon with locations. o Moving ADA restrooms to paths near the field worked well and made them ADA accessible. o The addition of wayfinding “Restrooms” flutter flags assisted guests in locating facilities. o The public inquired why they could not use the VIP restrooms trailer. o Honeywagon staff onsite are necessary for restocking, cleaning, etc. • Trash , Recycle, Compost: o Per information from Honeywagon operations the compost dumpsters were each ¾ full. o Adding verbiage about picking up your trash to the video walls on stage worked well. o The trash, recycling and compost “banks” on the north side is extremely helpful for Walking Mountains Staff. o Fireworks crew picked up the pallets and trash which helped Public Operations the next day. o Suggested to double the trash and recycling receptacles at the exits. There was trash on one side and recycling on the other, and people had a hard time getting to one or the other when they were filing out to leave. o Walking Mountains staff and volunteers did their best this year, we saw less trash on the field and guests were able to find the Zero Hero Tents. o Team Leaders from Walking Mountains are extremely organized and do a great job communicating. o Banks instead of individual Zero Hero tents worked well. o The diversion rate was 81.03 %, representing an increase of .11% over last year and is the highest at Salute to the USA.  Compost = 1,405.25 lbs. Page 5  Recycling = 858.66 lbs.  Landfill = 529.82 lbs.  Total Weight = 2,793.73 / Diverted Weight 2,263.91 Marketing, Promotions & Communications: • The marketing and advertising plan dollar spend was minimal, but it yielded great results. Tactics included were Avon.org and Discoveravon.org event landing pages, community calendars (i.e., visitvailvalley.com and vaildaily.com), print advertising, digital promotions, press release, Avon Road banners, social media, radio spots, Last DJ, DJ mentions, bus driver talking points, Avon Road digital sign, and posters. o Print Campaign  Five ¼ page ads and two ½ page ads in Vail Daily and Summit Daily on 6/29, 6/30, 7/01, 7/02 and 7/03 o Digital / Programmatic Campaigns  Bands in Town 16,666 people received targeted email campaign.  Vaildaily.com Display 15,000 impressions /.43% CTR (click through rate)  Summitdaily.com Display 14,991 impressions / .53% CTR  Facebook Device ID (DID) = 10,183 impressions / .13% CTR  Programmatic 15,894 impressions / .30% CTR o Social Media – Impressions are up 50% over last year!  11 Dedicated Social Posts on Discover Avon Instagram and Facebook: 32,000 Impressions | 32,000 Reach  June 11th: Melissa Video – 13.8K Impressions | 8.8K Reach • Melissa Etheridge created an amazing video about Salute to the USA which our team reposted.  June 18th: Salute General Reel & Blog– 632 Impressions | 10K Reach | 449 Link Clicks to Blog • Blog Post on Discover Avon - https://discoveravon.org/salute-to-the-usa-with-headliner-melissa- etheridge/  Facebook Event: 697 Interested/Went o Radio Spots on KZYR/KKVM  6/18–7/03  170+ spots  100 DJ mentions  60-minute Last DJ slot on June 28th o Three (3) Press Releases through Civic Plus subscribers = 598  Band announce sent on March 4  Summer events press on April 22  Event centric sent on July 1 o Avon Road Light Pole Banners = 40 total, double panel installation 6/03 – 7/05 o Avon.org event page visits = 40,740 o Discoveravon.org event page visits = 1,924 o Posters = 100 posters distributed in Avon and Edwards communities. o Electronic Newsletter = 2,034 recipients, with a total of 1,203 opens with an open rate of 59.7% Transportation & Parking: • Traffic Flow: o Had no significant traffic flow problems. • Roads: o Road closures all worked well. o Consider additional language on VMS boards that the Rec Center is closed. o Potentially purchase more VMS boards as we borrow (2) two from Vail and (1) one from Eagle. o Returning Meridian Barriers late night on the 3rd back to Vail is difficult. • Parking: o Vendor parking was mostly full at Rec Center and W. Benchmark, however, numerous spaces at Town Hall were open and this was a new location for vendors. o ADA Parking at the Rec Center north lot and on Lake Street and seemed to work well although was extremely busy.  Staff did a fantastic job communicating about ADA vehicles coming in.  Prep for ADA parking attendant was well thought out and helped with the attendant being able to easily assist guests.  Adding radio for ADA attendants worked well. o Bicycle Parking at Library continues to work well and filled up early in the evening. o Consider adding “reserved parking” for Avon elected officials with an opportunity to reserve one-week prior to the event. Page 6 • Buses / Ridership o Everything went as smoothly as could be expected. Ridership was up everywhere. Transportation will stick with the plan from this year for future Salutes. o Additional portable restrooms were placed at Avon Station to accommodate ingress and egress of guests. o Wildridge shuttle continues to see an increase in ridership and is a nice option for residents. o Digital map with bus routes was incredible and helped guests understand where they were going and what bus to take. o Ridership for Town Routes: 1,898 Attachment C September 3, 2024 ATTACHMENT CPhoto Gallery Salute to the USA 2024 Thank You! (970) 748-4413 matt@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Matt Pielsticker, AICP, Community Development Director RE: Three-Mile Planning Updates DATE: September 4, 2024 SUMMARY: Preparation and approval of a Three-Mile plan was identified as a Community Development Department Goal in 2023. This report is provided to update Town Council on progress related to the Three-Mile planning effort. THREE MILE PLAN: The State of Colorado authorizes municipalities to adopt a Three Mile Plan. A Three Mile Plan is used to coordinate street development beyond a municipality’s boundaries, guide regional infrastructure development, describe preferred uses and development for properties that are adjacent and near the municipal boundaries, and designate properties that are eligible to consider for annexation. BACKGROUND: The Town of Avon has never adopted a Three-Mile plan. After being identified as a Community Development Department goal in 2023, a Request for Proposals (“RFP”) to solicit professional planning assistance for the Sun Road/East Avon planning and Three-Mile Plan took place. Staff selected different teams for these planning efforts based upon experience, team composition, and local knowledge. Scot Hunn, Hunn Planning and Policy LLC, and Pedro Campos, Zehren and Associates, were brought on board in early 2024 to get the Three-Mile effort started. The Avon Development Code Section 7.36.030 designates the Avon Comprehensive Plan as the “plan in place” referenced in the Colorado Revised Statues. This chapter will be amended once a formal Three- Mile plan is adopted by the Town Council. We identified all property (“Attachment A”) within three miles of Avon’s municipal boundaries. Much of the property in the potential Three Mile Plan area is already developed and has little potential to redevelop or is U.S. Forest Service land. As reflected in the attached three-mile boundary map and additional areas “potentially eligible for annexation”, only the areas which may have potential for development or redevelopment that may involve coordination with the Town of Avon, as well as United States Forest Service lands which are directly used by the Avon community for recreation purposes, are included in the more detailed study area. STAKEHOLDER ENGAGEMENT: To date, staff has met with the following property individuals and entitles: Beaver Creek Resort Company, Eagle Vail Metropolitan District and Property Owners Association, Kayak Crossing, Presbyterian Church, Carol Kreuger, Polar Star, State Land Board, and United States Forest Service. Initial stakeholder engagement will be completed in the coming weeks. Before public meetings commence, the stakeholders will be provided with a draft version of the plan. Stakeholders can then elect to be included or not in the final document considered for adoption. ADOPTION PROCESS: The Colorado Revised Statutes do not specify the process or notification requirements when adopting a Three-Mile Plan. As such public notification for adoption of the Three-Mile Plan is subject to the Avon Development Code requirements. The Three-Mile Plan will be considered a “Comprehensive Plan” by definition, and subject to the notification and approval process. Published notification in the Vail Daily and public hearings before the Planning and Zoning Commission (“PZC”) and Town Council will be required. Approval of the Three-Mile Plan is by Ordinance with adopted findings of Page 2 of 2 fact. Based upon meeting schedules it is likely for a final plan to be brought forward for adoption in January 2025. Thank you, Matt ATTACHMENT A: Map of Three-Mile Boundary EXISTING TOWN BOUNDARY THREE MILE BOUNDARY I-70 Beaver Creek Minturn Berliamont Estates Eagle-Vail I-70 I-70 I-70 H w y 2 4 Bachelor Gulch Singletree Homestead Lake Creek THREE MILE BOUNDARY Legend Three Mile Boundary Th r e e M i l e B o u n d a r y Three Mile Boundary Scale: 1” = 2500’ 0 2500’1250’5000’ Village at Avon PUD Mountain Star Wildridge Avon Town Center Dowd Junction US Forest Service US Forest Service Th r e e M i l e B o u n d a r y Arrowhead US Forest Service Vail 7/8/24 ATTACHMENT A EXISTING TOWN BOUNDARY THREE MILE BOUNDARY THREE MILE PLAN STUDY AREA Village at Avon PUD Berliamont Estates Mountain Star Wildridge Th r e e M i l e B o u n d a r y H w y 2 4 Avon Town Center THREE MILE PLAN STUDY AREA Legend Three Mile Boundary Th r e e M i l e B o u n d a r y Three Mile Boundary Scale: 1” = 2500’ 0 2500’1250’5000’ Lake Creek Dowd Junction Beaver Creek Bachelor Gulch Singletree Arrowhead Homestead Eagle-Vail US Forest Service (Recreational Use Planning Area) I-70 Minturn I-70 I-70 Vail I-70 US Forest Service (Recreational Use Planning Area) US Forest Service (Recreational Use Planning Area) 7/8/24 ATTACHMENT A EXISTING TOWN BOUNDARY ANNEXATION PARCEL CURRENTLY UNDER REVIEW STUDY PROPERTIES FOR POTENTIAL ANNEXATION ELIGIBILITY THREE MILE BOUNDARY Scale: 1” = 2500’ 0 2500’1250’5000’ Vail Dowd Junction Berliamont Estates I-70 H w y 2 4 1 1 2 3 4 5 6 2 3 3 6 54 THREE MILE PLAN Beaver Creek Bear and Wolf Parking Lots Beaver Creek Elk Parking Lot U.S. Forest Service Parcels Nottingham Ranch Road and UPRR Parcels EagleVail Business District Kayak Crossing Apartments Potential Eligible Annexation Parcels Legend Village at Avon PUD Mountain Star Wildridge Avon Town Center Lake Creek Th r e e M i l e B o u n d a r y Three Mile Boundary Th r e e M i l e B o u n d a r y Three Mile Boundary Eagle-Vail I-70 I-70 I-70 Beaver Creek Bachelor Gulch Singletree Homestead Eagle-Vail Arrowhead Minturn US Forest Service (Recreational Use Planning Area) US Forest Service (Recreational Use Planning Area) US Forest Service (Recreational Use Planning Area) 7/8/24 ATTACHMENT A EXISTING TOWN BOUNDARY ANNEXATION PARCEL CURRENTLY UNDER REVIEW STUDY PROPERTIES FOR POTENTIAL ANNEXATION ELIGIBILITY ScaScaScaScaScaaScaaSScaScaaale:le:le:le:1”1”===11010000100100110000’ 0’0’0’’ 0 0000000 10010010000100000000’0’0000500500500500’’’’200200200200200020 ’0’0’0’00’0 I-70 State Land Board Annexation Parcel Beaver Creek Village at Avon PUD US Forest Service (Recreational Use Planning Area) US Forest Service (Recreational Use Planning Area) State Land Board Mountain Star Eagle-Vail Wildridge I-70 Avon Town Center Bachelor Gulch 1 1 2 3 4 5 6 2 3 3 6 5 4 Town Boundary and Potential Eligible Annexation Parcels Beaver Creek Bear and Wolf Parking Lots Beaver Creek Elk Parking Lot U.S. Forest Service Parcels Nottingham Ranch Road and UPRR Parcels EagleVail Business District Kayak Crossing Apartments Potential Eligible Annexation Parcels Legend 7/8/24 ATTACHMENT A EXISTING TOWN BOUNDARY 678'<3523(57,(6)25 327(17,$/$11(;$7,21 (/,*,%,/,7< Nottingham Park Legend Wolf Lot Bear Lot Elk Lot I-70 Highwa y 6 West B C B l v d . W e s t B C B l v d . Prate r R d . Vill a g e R d . Hig h w a y 6 U.P. R . R Beaver Creek Bachel o r G u l c h T r a i l Av o n R o a d Beaver Creek Parking Lot Parcels ScaScaSScaale:le:le:le:1”1”1”1”1”1”====25025000’’ 0000000 2502502505250’’12512512525255’’’’50050050000500500500500000000’’’’ 7/8/24 ATTACHMENT A EXISTING TOWN BOUNDARY 678'<3523(57,(6)25 327(17,$/$11(;$7,21 (/,*,%,/,7< ScScaScaScaSScale:le:ee:e 1”1”1”1”1””1 =======25025025025025025025050000’’’’’’ 00000000 250250250250250250250250500250000’’’’’’’12512512512525125125255’’’’’’500500505005005005005005005005005050000050000’’’’’’’ Village at Avon Village at Avon Village at Avon Town of Avon Legend US Forest Service I-70 I-70 Hig h w a y 6 Eagle River EagleVail Golf East B C B l v d . Post B l v d . Church Church Walmart Buffa l o R i d g e Home Depot Post B l v d . Eagl e b e n d D r . Nottingham Ra n c h R d . Swift Gu l c h R d . Riverside Ct . U.P. R . R U.P. R . R S w i f t G u l c h R d . US Forest Service and Nottingham Ranch Rd Parcels 7/8/24 ATTACHMENT A r ©CNES (2024) Distribution Airbus DSr rrrrrrr rr r ©C©C©C©C©C©C©C©C©C©C©C©C©C©C©C©©C©C©C©C©©C©©CC©CCC©CCCCCCCNENNNNNENENENENENNNENNNENENENENNENNNNNNNNNS SSSSSS S SS S S SSS SSSSSSSSSS (2(2(2(2(2(2(2(22((2(2(22222222222222(2(2(2020202020202020220220202022020020202002020200200202222202224)4)4)4)4)44)4)4)4)4)4)4)4)44)4)4)4)444)))DDDDDDDDDDDDDDDiisisisisisiisisisisisisisiissisisisiistrtrtrtrtrtrtrtrtttrtttrrrtttrttttribibibibibibibibibibbbibbbbbibibbibbbbututututtututututuuttutttuuttututututtuttuututtioioioiooiooioiooiioion n nn n n nnnnn nnn AiAAiAiAiAiAiAiAiAiAiAiAiAiAAAAAAAAiiAiArbrbrbbrbrbrbrbrbrbrbbbrbrbrbbbbbbbbrbbbbuusususususususuususussuusususssuss DDDDDDDDDDDDDDDDDDDDDDDSSSSSSSSSSSSSSSSSSSSSSS EXISTING TOWN BOUNDARY 678'<3523(57,(6)25 327(17,$/$11(;$7,21 (/,*,%,/,7< ANNEXATION PARCEL CURRENTLY UNDER REVIEW ScaScaScaScacacacacaaScaSSSSlele:le:lelele:e:lele:ee:eee::111”1”1””1””1111 ==========25025025025025025025002502502502505’’’’’’ 0000000000000 225025052502502502502502502505022202’’’’125125125251251252525125251251255555255’’’’’’55005005005000050050000500005500’’’’’’ Town of Avon EagleVail Golf Course Village at Avon Village at Avon State Land Board State Land Board Legend US Forest Service State Land Board Annexation Parcel Kayak Crossing EagleVail Business District I-70 School Eagl e R i v e r Park Highway 6 E a g l e D r . Eagle R d . Daisy Ln. Eagle Dr . U.P.R.R EagleVail Business District and Kayak Crossing Eaglev a i l I n d u s t r i a l Cente r 7/8/24 ATTACHMENT A (970) 748-4001 mjauregui@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Miguel Jauregui Casanueva, Town Clerk RE: Gift Reporting and Disclosure Vail Valley Brew Au & Elevation Beaver Creek DATE: September 4, 2024 SUMMARY: The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Miguel Jauregui Casanueva, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 1. Vail Valley Brew Au – Each Councilor was offered two (2) complimentary tickets with a value of $59.95 each, for a total of $119.90 dollars. The Vail Valley Brew Au is a beer festival produced by Happy Hour Entertainment on Saturday, August 10, 2024, at Harry A. Nottingham Park. 2. Elevation Beaver Creek – Each Councilor was offered two (2) complimentary tickets with a value of $400 each, for a total of $800 dollars. Councilors were invited to attend a concert at the Black Diamond Stage on Tuesday, September 24th at 7:30 p.m. at the Vilar Performing Arts Center. The offer to Councilors was extended by the Forefront Network, the producing organization. Forefront Network produces multiple private and destination events offering personal experiences and elevated interactions with music and wine. The Town Council is not required to take any action; however, any Town Council member may request Council deliberation of a report gift to determine whether such gift constitutes a conflict of interest. Council members who are the recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to the Council as a whole. Thank you, Miguel.