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TC Packet 09-24-2024_____________________________________________________________________________________ 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 24, 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 September 10, 2024 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui Casanueva) 5.2. Notice of Award: Council Chambers Audio Visual Replacement (Chief Information Officer Robert McKenner) 5.3. Notice of Award: Design Amendment for the US6 Safety and Mobility Project (Public Works Director Eva Wilson) 6. BUSINESS ITEMS 6.1. Resolution 24-24: Supporting Town of Avon Ballot Issue 2C - Use Tax on New Construction to Fund Community Housing (Chief Financial Officer Paul Redmond) 6.2. Resolution 24-25: Supporting Eagle County Conservation District Ballot Issue 7C (Eagle County Conservation District Executive Director Laura Bohannon) 6.3. Council Action: Price Capped Deed Restriction Replacement (Housing Planner Patti Liermann) 6.4. PUBLIC HEARING: Resolution 24-26 Approving 2nd Amendment to 2024 Budget (Chief Financial Officer Paul Redmond) 6.5. Work Session: Review of Draft Revenues (Chief Financial Officer Paul Redmond and Town Manager Eric Heil) 6.6. Work Session: 2025 Proposed and Long-Range Capital Improvement Plan (Public Works Director Eva Wilson) 6.7. Notice of Award: East Nottingham Park (Restrooms) Improvements Project (Town Engineer Nicole Mosby) 6.8. Notice of Award: Lot 5 Recycling Center Upgrade Project (Public Works Director Eva Wilson) 7. WRITTEN REPORTS 7.1. August 15th Draft CASE Committee Meeting Minutes (Special Events Coordinator Mike Pasquarella) 7.2. August 23 Planning & Zoning Commission Abstract (Planner II Max Morgan) 7.3. Monthly Financials (Senior Accountant Dean Stockdale) 7.4. Monthly Public Operations Update (Operations Manager Gary Padilla) 7.5. September 16th Draft Finance Committee Meeting Minutes (Chief Administrative Officer Ineke de _____________________________________________________________________________________ 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. Jong) 7.6. September 16th Draft Avon Downtown Development Authority Meeting Minutes (Chief Administrative Officer Ineke de Jong) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 9. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 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 September 10, 2024, Council regular meeting to order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon, Rich Carroll, Lindsay Hardy, Ruth Stanley, Mayor Pro Tem Tamra Underwood, and Mayor Amy Phillips. Councilor RJ Andrade joined the meeting virtually at 5:00 p.m., and in person at 5:22 p.m. They were joined in person by Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town Attorney Nina P. Williams, 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, Planning Manager Jena Skinner, Planner II Max Morgan, Long Range Housing Planner Patti Lierman, Public Works Director Eva Wilson, Town Engineer Nicole Mosby, General Government Intern Arnell Wade, and Avon Deputy Police Chief Colby Cosper. 2. APPROVAL OF AGENDA Video Start Time: 00:00:43 Mayor Phillips initiated the meeting with the Agenda approval process. Mayor Pro Tem Underwood motioned to approve the Agenda, as presented. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:22 Mayor Phillips asked if there were any conflicts of interest related to the Agenda, and none were disclosed. 4. PUBLIC COMMENT Video Start Time: 00:01:40 Mayor Phillips explained that public comment can be made by participating in the meeting in person, via zoom’s video/audio, via telephone, or via email. She added that the public comment section is intended for items not listed in the Agenda, and participation by members of the public is limited to 3 minutes. She asked if there was any public comment from those present in the room or virtually and no public comment was made in person nor virtually. 5. CONSENT AGENDA Video Start Time: 00:02:15 Mayor Phillips introduced the approval of the Consent Agenda to include the following: 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) AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 2 Without further deliberations, Councilor Hardy presented a motion to approve the Consent Agenda. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 7-0 vote. 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) Video Start Time: 00:03:00 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 brief deliberations, Councilor Carroll motioned to approve the second reading of Ordinance 24-13. Councilor Hardy seconded the motion. It was approved unanimously with a 7- 0 vote. 6.2. PUBLIC HEARING (QUASI-JUDICIAL): Major Development Plan Approval Harry A. Nottingham Park project (Community Development Director Matt Pielsticker) Video Start Time: 00:05:23 Planner II Max Morgan delivered a presentation on behalf of Community Development Director Matt Pielsticker related to the Major Development Plan Approval Harry A. Nottingham Park project. Planner II Morgan presented the two applications related to MJR24005 and AEC24005. Landscape Architect Pedro Campos with Zehren Architects joined Planner II Morgan at the podium to add his opinion on the landscaping proposal included in the materials. Planner II Max Morgan reviewed the design criteria applicable to the two applications with Councilors, noting it meets review criteria for approval. Questions from Council included inquiries on roof pitch, snow fencing/shedding, use of heated snow-gutters, design guidelines within the construction code, use of hard and soft materials that could match the stage, size of new walls consistent with the existing venue’s design, electric vehicle parking allocations and electric ready infrastructure, parking and vehicle staging for load-in at the park and around the stage, and plantings on the south and west side. Councilor Hardy asked for Page 55 of the packet to be presented and requested that the word Men’s on the north elevation of the building be moved. Additional deliberations included a discussion on the removal of a large cotton wood tree. Planner II Morgan presented a specific slide related to landscaping to explain the enhancement this tree removal will bring to the Park. Mayor Phillips opened the floor to the public hearing and no public comment was made in person nor virtually. Councilor Thuon asked for camera surveillance to be installed with high quality state of the art cameras based on his note that the investigation into his son’s attack at the stage was negatively impacted by low resolution cameras. Town Manager Heil added that the Engineering Department and Avon Police are working on camera upgrades Town wide and specifically at the stage. AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 3 Town Manager Eric Heil thanked Council for their comments and added that there are plantings and landscaping on the south side, but the west side does present difficulties in adding more landscaping based on the skate plaza area which would impact that area. He added staff will revisit architectural design to add some windows on the south side and west side and indicated that they will investigate the use of native seeds in lieu of the proposed grass. Councilors debated how best to move the project forward while giving staff flexibility to make decisions to complete the project. Mayor Phillips recommended that the proposed motion be amended to include the following suggestions which Town Manager Heil summarized: (i) turf grass be replaced with drought tolerant grass or native grass, (ii) add landscaping on the south side of the building, and (iii) revisit south and west side to add architectural elements, perhaps windows or other design opportunities, to give it foresight of better design elements. After deliberations, Councilor Thuon motioned to approve AEC24005 based on the findings outlined by staff and including the summary of amendments presented by Town Manager Heil. Mayor Pro Tem Underwood seconded the motion. It was approved unanimously with a 7-0 vote. Councilor Thuon also motioned to approve MJR24005 based on the findings outlined by staff and including the summary of amendments presented by Town Manager Heil. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 6.3. Presentation: Recreation Department Updates & Park Improvements (Recreation Director Michael Labagh) Video Start Time: 01:09:05 Recreation Director Michael Labagh delivered a presentation related to the Recreation Department & Park Improvements. Council consensus was to thank Rec Director Labagh for his hard work and that of his team for the Rec Dept programs. Rec Director Labagh asked for direction on dismount zone designations at the Park, and speed signs and center line striping at the Eagle Valley regional trail. Councilor Thuon asked for baffles to be added on the path to slow cyclists down, as well as simple and direct signage. Councilor Stanley asked for signage that prohibits Class II assisted bicycles. Mayor Pro Tem Underwood added that speed limits and mandatory pedaling requirements may be the best option to slow down cyclists on the path. Councilor Carroll wondered how best to educate cyclists that include children, teens and parents, along with the proposal to draft an Ordinance to regulate cyclist behavior in that area. Councilor Carroll added that the mural at Avon Elementary looks beautiful and asked to receive an update on whether it is maintenance heavy or not. Mayor Phillips opened the floor to public comment and Ms. Kathy Ryan, resident of Avon, took the podium in person to state that e-bikes don’t accurately encapsulate the problem she deals with which is that 8-year-olds are riding around the path on small four-wheeled electric scooters. She added that children on class I electric bikes ride too fast and have no idea of how their potential actions could affect older adults and people with canes, baby carriages and dogs on leashes. She AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 4 added she feels there should be a minimum age regulation for the use of electric scooters and electric bicycles on the path. No other public comment was made in person nor virtually. As this was a work session, no motion was made and staff received Council feedback and direction. 6.4. Notice of Award: Avon Regional Transportation Facility (ARTF) HVAC Improvement Project (Public Works Director Eva Wilson) Video Start Time: 01:43:30 Public Works Director Eva Wilson introduced the topic of the Avon Regional Transportation Facility (ARTF) HVAC Improvement Project to address air pollution within the administrative offices of the facility and the notice of award associated with that improvement project. Councilor Andrade made inquiries on cost of the project and noted the great differences between the cost estimated and the bids received from contractors. Councilor Hardy asked why the budget is misaligned with actual construction costs and wondered what could be done for CIP budgeting to try and better prepare budgets and bid estimates. Councilor Carroll added that the use of subcontractors is likely increasing the cost of the project. Mayor Pro Tem Underwood noted this is a necessary repair for the health and safety of staff, but it is disappointing that it was not properly done in the first place. She asked for Director Wilson to update Council on who Baker Constructors are and why she believes they are best qualified to execute this necessary repair. Councilor Thuon noted that since this is necessary, he is in support of it. Councilor Carroll also added that as painful as this type of repair is, it is necessary, and he is in support of the lesser expensive of the bids. Councilor Andrade expressed concern about being so far off from the original budget, which Councilor Hardy also echoed. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. After deliberations, Mayor Pro Tem Underwood motioned to approve the Avon Regional Transportation Facility (ARTF) HVAC Improvement Project. Councilor Stanley seconded the motion. It was approved unanimously with a 7-0 vote. 6.5. Work Session: Introduction to Avon Housing Authority and Community Housing Financing (Town Manager Eric Heil and Chief Financial Officer Paul Redmond) Video Start Time: 01:56:56 Chief Financial Officer Paul Redmond delivered a presentation related to the topic of Avon Housing Authority and Community Housing Financing which included a historical recap of the housing authority in Avon. Questions from Council included the reasoning for favoring private financing for these projects, understanding when the Town needs to ask its residents for permission to spend public funds, multi-year debt financing, alternative funding methods and their higher interest rates, status of revenue and debt of the housing authority, credit rating of the housing authority and of the Town, and a clarification from the Town Manager that it is not mandatory but preferred and traditional to give housing formality through such an authority in charge of housing in lieu of handling it directly through the Town’s general government authority. Town Manager Heil added that the Town’s most expensive project thus far was involved in the purchase of the Avon Police AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 5 Department building, but housing developments that are coming will far exceed this cost and will require a financially conservative approach. Mayor Phillips opened the floor to public comment and no public comment was made in person nor virtually. As this was a work session, no motion was made and staff received Council feedback and direction. 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) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:16:25 Councilor Hardy mentioned there is a Planning and Z oning Commission vacancy and invited the public to apply. Councilor Thuon reminded the public that tomorrow is 9/11 and invited the public to remember those who lost their lives on that day and the families impacted. Mayor Pro Tem Underwood reminded the public about the community picnic that takes Thursday, September 12, 2024, from 5:30 to 7:30 p.m. at Nottingham Park. Mayor Phillips closed remarks by reminding the public that tomorrow, September 11, 2024, from 12:00 to 2:00 p.m., Avon Town Hall will host the CORE Transit meeting in which the winter proposed scheduled will be discussed that will include many new free routes. She highlighted that ridership is up 60% in July and August of this year. 9. EXECUTIVE SESSION Video Start Time: 02:18:45 Mayor Phillips requested a motion from her fellow councilors to proceed into Executive Session. Councilor Hardy motioned to retire into Executive Session (9.1.) 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 discussion of potential updates to certain deed restriction agreements; and, (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 AVON REGULAR MEETING MINUTES TUESDAY SEPTEMBER 10, 2024 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM 6 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. Councilor Carroll seconded the motion. It was approved unanimously with a 7-0 vote. The time was 7:21 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 7:28 p.m. The Executive Session ended at 8:35 p.m. 10. ADJOURN There being no further business before Council, Mayor Phillips moved to adjourn the regular meeting. The time was 8:35 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 970-748-4034 rmckenner@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Robert McKenner, Chief Information Officer RE: Notice of Award – Council Chambers AV replacement DATE: September 24th, 2024 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the replacement of the Council Chamber audio and visual (AV) system. The project will replace the aging AV hardware and enhance the functionality of the space, enabling other Town committees to hold hybrid meetings without requiring High Five Media management. DISCUSSION: In response to the aging and increasingly problematic AV system in the Council Chamber, Eric requested in January that the IT department initiate a project to replace the current system. Although the existing AV system is still functional for its original purpose, it lacks the flexibility to meet the evolving needs of the staff and the room. The room is now used for various Town committee meetings, staff meetings, and training sessions, and is occasionally lent to other nonprofit and government agencies. There is a growing need for an AV system capable of hosting video conference calls and hybrid meetings without requiring assistance from High Five Media. The system needs to be flexible and easy to use. Project: The project will redesign and replace the current Council Chambers Audio Visual system increasing the ease of use and functionality of the room Bid Process: Based on the developed vision, IT drafted an RFP that requested a complete replacement of both hardware and software, with an additional requirement for a maintenance plan. The RFP also included the installation of two additional TVs—one at the back of the chamber and one in the kitchen. The RFP was posted on Bidnetdirect.com on May 30th, with an original closing date of July 5th. Due to multiple requests, the closing date was extended to July 20th. Nine vendors submitted bids, and IT conducted onsite visits with six of them prior to the submission of their final bids. Construction Schedule: Construction will be in the second half of the month of December. Should take no more than two weeks. FINANCIAL CONSIDERATIONS: Majority of the funding for this project will come from the transferring $100,495.00 from Capital Equipment Reserved Fund (CERF) to CIP. The Town has been accruing $23,085 a year in the CERF for future replacement of the AV System. In addition to the constructions costs, the Town is to provide all power infrastructure and a computer workstation to facilitate hybrid meetings. Available CIP Project Budget $100,495 Constructions Cost $100,575 Computer Workstation $2,000 Electric infrastructure $3,500 Contingency $3,925 Total Project Cost: $110,000 Additional CIP funds needed $9,505 RECOMMENDATION: Staff requests Council authorization to award the purchase and installation of replacement Audio Visual System to Smart System in the amount of $100,575 and increase the Council Chamber AV CIP budget to $110,000. Page 2 of 2 PROPOSED MOTION: “I move to authorize the issuance of a Notice of Award for the purchase and installation of the replacement Audio Visual system to Smart Systems in the amount of $100,575 and increasing Council Chamber AV CIP budget to $110,000.” Thank you, Robert ATTACHMENT A: Smart Systems AV Proposal Council Chambers A/V and VideoConference System A PROPOSAL FOR Town of Avon Robert McKenner rmckenner@avon.org (970) 748-4034 100 Mikaela Way Avon, CO 81620 Smart Home Systems PREPARED BY JOHN YOUNG ATTACHMENT A Town Council Chamber Room QSC Q-SYS TSC-101-G3 QSC TSC-710t-G3 QSC Q-SYS SLDAN-16-P QSC Q-SYS NC-20x60 Areas & Items Our design has been engineered to meet the Town Of Avon’s specific needs. This scalable and future ready/upgradable system design delivers a State-Of-The-Art solution that will satisfy your Town Council Chamber needs today, and for many years to come. We will use the existing free-standing equipment rack to house the new Council Chamber electronics. High 5 A/V outputs are as follows: Audio - Balanced Audio, mono, analog (XLR) and/or DANTE, digital. Video - HDMI. Smart Systems will provide TOA with Q-SYS program file (Code), DANTE configuration file, and project documentation. Assumptions: - Existing Q-SYS Core 110f will be reused in new system design - Existing Q-SYS Core 110f has a 8x8 DANTE license (16x16 DANTE license required for additional mics) - Core 110f has a valid Q-SYS UCI License that can be reused in the new system (SLQUD-8N-P) - Core 110f has a valid Q-SYS Scripting License that can be reused in the new system (SLQSE-8N-P) - TOA will provide a dedicated NUC PC, monito, keyboard, and mouse for video conferencing (Teams, Zoom, Google Meet) - TOA will install/provide electric receptacles for new displays - Existing NEC displays will be reused in new system design - Existing Q-SYS amplifiers and in-ceiling speakers will be reused in new system design - Unused D-Link DGS-1510-28P POE switch will be reused for additional network connected devices Items Sell Price Qty Total Q-SYS 10.1 PoE Touch Screen Controller, Black x3 $10,905.00 Combined Price Table top mounting accessory for TSC-70-G3 and TSC-101-G3. For Tabletop Mounting. x3 Q-SYS Software-based Dante 16x16 Channel License, Perpetual. $560.00 x1 $560.00 20x Optical Zoom 60 Horizontal Field of View, PTZ Network Camera, PoE, with HDMI and SDI output. Includes PTZ-WMB1 wall mount bracket. Two (2) cameras for Dias and two (2) cameras for seating area and podium. (Cameras work in tandem for ACPR switching) x4 $22,650.00 Combined Price Proposal #256 02 of 11Town Council Chamber Room Custom CAM-MT-PEN Lightware UCX-4x2-HC40 Audio Technica ATND8677A Audio Technica U859QL Monoprice 41038 Audio Technica ESW-T4107/925C15 Audio Technica ESW-R4180DAN Audio Technica ESW-CHG5 Audio Technica ESW-T4102/C510 Audio Technica ESW-CHG4 Items Sell Price Qty Total Pendant Mount for Conference Cameras, with above-grid structural supports/tie-ins x2 Universal Matrix Switcher with USB-C Connectivity and Dante Audio $2,090.00 x1 $2,090.00 Audio Technica ATND8677A Microphone Desk Stand with Dante Network Output (AES67 compatible) Wired Microphones x8 $6,307.92 Combined Price Cardioid Condenser Microphone x8 Monoprice Cat6 PoE Ethernet Patch Cable - 600V_ Shielded RJ45_ Solid_ 550MHz_ STP (U/FTP)_ 24AWG_ 20ft_ Black x8 ESW DESK STAND TX W/925C15 Wireless microphones x6 $8,992.00 Combined Price ESW 8CH MICROPHONE RECEVIER DANTE x1 ESW 4-BAY CHARGING STATION Charging base stations for up to 16 ESW Series wireless microphones, POE powered & managed. x1 ESW HANDHELD TX W/C510 x1 $1,148.00 Combined Price ESW 2-BAY CHARGING STATION x1 Proposal #256 03 of 11Town Council Chamber Room Audio Technica ATND1061DAN Labor Installation CUSTOM CAT6-S D-Link Systems Inc DGS-1510-28P Hana Wireless HW-SFP-LX Cleerline 3DOM3LCLC01M Hana Wireless HW-SFP-T PVI 0649070905725 PVI 0649070908160 Sony FW85BZ30L Items Sell Price Qty Total Beamforming Ceiling Array Microphone For seating area x1 $3,624.00 Combined Price Installation & Programming Tax Exempt x2.4 CAT6 Shielded Cable Run, Includes Shielded RJ-45-M Connectors For Cameras, Mic Receiver, and TV's - Plenum Rated x1 SMARTPRO 24-PRT GIG POE SWCH ** Client Provided ** $0.00 x0 $0.00 Hana: SFP 1.25Gbps, 1310nm, 20km, No DDM SFP Fiber module for Downlink from existing DGS-1510-28P in rack $35.00 x2 $70.00 1M LC-LC MultiMode Cable $27.80 x1 $27.80 Hana: SFP 10/100/1000 RJ-45 Copper Downlink to Dais $28.00 x2 $56.00 VECODER ULTRA 4K, Multichannel HDMI over IP video encoder, 2 Channel $3,695.00 x1 $3,695.00 Professional HD 4K IPTV Decoder with NDI protocol For NEC displays (2) and High 5 Media video out $595.00 x1 $595.00 85" BRAVIA 4K HDR PROFESSIONAL DISPLAY - Black TV wall mount brackets not included - Mounts (2) from existing NEC displays will be reused if compatible. $3,525.00 x2 $7,050.00 Proposal #256 04 of 11Town Council Chamber Room Customer Provided TV Chief XSM1U EZCast QuattroPod Mini Listen Technologies LCS-120-01-D Listen Technologies LR3200072 Listen Technologies LA-401 Listen Technologies LA-430 Wattbox WB-800-IPVM-12 Items Sell Price Qty Total Move existing 75" NEC Display (1) to rear of Council Chamber $0.00 x1 $0.00 Chief XSM1U Micro-Adjust Fixed Wall Mount - X-Large $344.00 x1 $344.00 Wireless HDMI Transmitter and Receiver 4K, Streaming Media Video/Audio Extender 5G Kit for Laptop, Camera, Cable Box, Netfix, PS5, Phone, Projector, HDTV 165FT For wireless presentations, includes one (1) receiver and two (2) compact transmitters $499.99 x1 $499.99 Wi-Fi\RF Base (Dante) System Includes One (1) LW-100P-02 LE 2 Channel (mono) Wi-Fi Server One (1) LW-202 LE Venue Awareness Kit One (1) LT-803-072-P1 Stationary 3-Channel Transmitter Package (72 MHz) One (1) LPT-A107-B Dual RCA to Dual RCA Cable 6.6 ft. (2 M) Two (2) LR-3200-072 Basic DSP Receiver (72 MHz) Two (2) LA-401 Universal Ear Speaker Two (2) LA-430 Intelligent Ear Phone/Neck Loop Lanyard One (1) LA-423 4 Port USB Charger Additional RF receivers with ear speakers available at additional cost. $2,605.00 x1 $2,605.00 Basic DSP RF Receiver 72 MHz Additional DSP Receiver w/ Universal Ear Speaker and Neck Loop to expand ADA compliance to 75 seat occupancy, x1 $259.00 Combined Price Universal Ear Speaker x1 Intelligent Earphone/Neck Loop Lanyard x1 WattBox 800 Series 12 Outlet Rack Mount lP Controllable Power Conditioner $951.93 x1 $951.93 Proposal #256 05 of 11Town Council Chamber Room CUSTOM CAT6-S Binary B-USB3-AB-4M Binary B-USB3-AB-2M Labor Misc Parts Labor Installation Labor Travel Labor Q-SYS Programming, Deployment, and Testing Labor Q-SYS Programming, Deployment, and Testing Labor Project Documentation Labor System Training Items Sell Price Qty Total CAT6 Shielded Cable Run, Includes Shielded RJ-45-M Connectors For Cameras, Mic Receiver, and TV's - Plenum Rated $200.00 x9 $1,800.00 Binary USB 3.0 A (Male) to B (Male) 4m (13.12 ft.) $24.49 x1 $24.49 Binary USB 3.0 A (Male) to B (Male) 2m (6.56 ft.) $19.37 x1 $19.37 Includes all cables, connectors, and brackets. $450.00 x1 $450.00 $185.00 x70 $12,950.00 $3,500.00 x1 $3,500.00 Includes: Configuring Q-SYS control (CORE) and controlled system devices, DANTE Mic Audio Streams, Camera Presets, and User Interfaces (UI) for Q- SYS touchscreens, and Mobile devices. Tax Exempt $7,500.00 x1 $7,500.00 Audio recording functionality programming and configuration Tax Exempt $1,000.00 x1 $1,000.00 Include system design schematics, installation plans, user manuals, and training materials for A/V, and Video Conference Systems. $650.00 x1 $650.00 System training for your team, content specific to applicable system operation and control. $250.00 x1 $250.00 Proposal #256 06 of 11Town Council Chamber Room Town Council Chamber Room Total : $100,574.50 Proposal #256 07 of 11Town Council Chamber Room Recurring Services Labor Gold Performance Plan - Annual Labor Network Management Fee - Monthly Smart Systems Performance Plan Service Brochure:Smart Systems Performance Plan.pdf Items Sell Price Qty Total Two (2) Annual scheduled maintenance visits Q-SYS Reflect Plus (remote management & monitoring for Q-SYS devices/systems) Remote backup Core manager – remote firmware updates Direct remote access to touchscreens for troubleshooting and UI changes Response & Resolution Timelines: Response within 4 hours (8am – 8pm MST/MDT, Mon-Fri) Scheduling within 24 hours Expedited on- site service calls One (1) Service call (trip charge) and up to four (4) hours of labor Tax Exempt Recurring Service $4,700.00 x1 Management of TOA's AV network (subnet) Tax Exempt Recurring Service $150.00 x1 Recurring Services Total : $0.00 $4,850.00 in recurring service Proposal #256 08 of 11Recurring Services RECURRING SERVICES $4,850.00 Gold Performance Plan - Annual - $4,700.00 Network Management Fee - Monthly - $150.00 Parts $73,830.50 Parts Total $73,830.50 Labor Total $26,744.00 Subtotal $100,574.50 Proposal Total $100,574.50 Financial Summary Proposal #256 09 of 11Financial Summary Payment Schedule Pre contract. Project Terms 1. Service 1. Smart Home Systems, Inc, dba Smart Systems, Hereafter “Smart Systems” will provide the equipment and personnel required to complete your project to the specifications & descriptions agreed upon in the sales proposal document, attached hereto. 2. All labor, work, and materials listed in Project Proposal and all subsequent Change Orders shall be completed by or supplied by Smart Systems and its contractors. 3. The costs associated with any related work or materials, including, but not limited to electrical, drywall, painting, and casework, are not included unless specifically documented in the proposal. 4. Smart Systems will dispose of all boxes and packing at the client’s written request, however, the Client accepts a minimum 30% restocking fee for any equipment exchanged or returned without complete, original manufacturer’s shipping materials and an additional 20% restocking fee for non-stock or special ordered products in their original packaging. 5. The attached proposal is valid for thirty (30) days from when it is sent to the client. If this proposal expires prior to being accepted by the client, Smart Systems reserves the right to adjust product pricing. 6. Any Comcast, Cox, CenturyLink, Dish Network, DirecTV, or any other provider's internet, video, audio, phone, or any other services connectivity issues that arise are not covered under the scope of this project unless specifically listed in the project proposal. The time required to resolve these issues will be billed to the client separately from the primary project by Smart Systems. 2. Time 1. With respect to the completion of services, time is of the essence. If Smart Systems is delayed at any time in the progress of the work by client change orders, fire, labor disputes, acts of God, or any other causes beyond Smart Systems’ control, the completion schedule for the work or affected parts of the work shall be extended by the same amount of time caused by the delay. 2. After receiving a signed contract, Smart Systems will contact the Client to confirm an installation date. At this time, the Client shall commit to a date upon which Smart Systems shall execute the installation work. The Client agrees to have all necessary work areas, furniture, equipment, and/or personnel ready for the installation by the installation date. If the Client does not have all necessary furniture, equipment, and/or personnel ready, or if the work area is not properly prepared for the installation by the installation date, or if the client must change the installation date for any reason, the client is liable for payment of any costs incurred by Smart Systems in connection with changes from the original agreed-upon installation date. Smart Systems will bill the client based on the labor time scheduled for the installation in man-hours. This billing is due upon receipt and does not constitute payment towards this contract. 3. Smart Systems will make sure that the specifications for your home are consistent with the agreed-upon design. During the course of a project, the client, contractor, or interior designer may request changes and/or modifications. Should Change Orders such as this occur please be advised that all Change Order requests require the following: 3. Project Changes 1. The Client may order changes, additions, or modifications without invalidating the contract subject to this Change Order Procedure. 2. Requests for partial or temporary installations will be honored if at all possible, however, to be completed these requests may incur additional labor charges, additional parts, and equipment charges, and will be subject to the following Change Order Procedure: a. The request for changes, additions, or modifications will be done electronically in a Proposal Revision. The client must digitally accept the revised proposal for the requested changes to be added to the project. b. The Client will be notified in writing by Smart Systems of any additional charges and changes in project timelines that will result from the Change Order. c.Payment for changes made to the Proposal is due upon acceptance and does not constitute payment towards this contract. 4. Intellectual Property 1. Unless otherwise specified in writing, the network configuration(s) script(s), and coding of Client's network router(s) and/or network switch(es) is the sole proprietary intellectual property of Smart Systems. The Client is permitted to use said configuration(s), script(s), and coding as long as Smart Systems manages the client's network. Should the client opt to take-over and/or transfer their network Proposal #256 10 of 11Payments management to another party, the client may submit a request in writing and at additional cost for Smart Systems to remove the portions of the client's configuration(s) script(s) and coding that contains the intellectual property of Smart Systems and secure VPN connections that could create vulnerabilities to Smart Systems' servers and/or other networks managed by Smart Systems. The client acknowledges that by requesting Smart Systems to perform the above-referenced actions, the client's network may lose functionality as a result of removing Smart Systems' proprietary configuration(s), script(s), and coding. By accepting this Proposal, I also accept the above-referenced Project Terms. Proposal #256 11 of 11Project Terms 970-390-2014 ewilson@avon.org TO: Honorable Amy Phillips and Council members FROM: Eva Wilson, Public Works Director RE: Notice of Award – Design Amendment for the US6 Safety and Mobility Improvements Project DATE: September 16, 2024 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the design amendment of the US6 Safety and Mobility Improvements Project as approved in the Town of Avon 2024 Capital Projects Fund. The design amendment is needed due to the stormwater infrastructure required by the Colorado Department of Transportation (CDOT). The project will complete the design for the safety improvements along US6 and advertise the design for construction in Spring 2025. Construction is estimated to begin in the Summer of 2025 and be completed in the Spring of 2026. DISCUSSION: The project will provide a Final Engineering design for the US6 Safety and Mobility Improvements project. The project will construct landscaped medians, refuge islands, sidewalks, overhead streetlights, and stormwater infrastructure. The goal of the project is to slow the prevailing speed on US6 and enhance safety. Once the prevailing speed reduction is confirmed, pedestrian crossing pavement markings and flashing beacons may be installed. The proposed concept is below. Project Site: Page 2 of 3 SCOPE OF WORK AND SCHEDULE: Task Order 7 Final Design Amendment Schedule: The proposed work, as described in the attached proposal, is to begin immediately with the continued design of traffic- calming median islands. The estimated date of completion is March 2025. The design completion date will be dependent on the final design concept, and findings pertaining to ROW, Utilities, Stormwater Drainage, and Environmental Clearance. Construction is estimated to begin in the Summer of 2025 and be completed in the Spring of 2026. FINANCIAL CONSIDERATIONS: US6 Safety and Mobility Improvements Project, Final Design will be funded with the Town’s Roads and Streets Capital Projects Fund. Project Budget: 1. Revitalizing Main Street Grant $2,000,000 2. MMOF Grant $1,000,000 3. Eagle County Contribution $200,000 4. Avon Local Match $300,000 Total Budget $3,500,000 Project Expense: Available Funds Budget $3,500,000 Task Order 1: Preliminary Engineering (30% Design) 124,548 Task Order 2: Preliminary Design (60% Design) 23,050 Task Order 3: Final Design (90% Design) 252,042 Task Order 4: Additional Utility Design 95,000 Task Order 5: Signal Concept Design 2,650 Task Order 6: Design and Final Construction Plans (100% Design) 245,939 Task Order 7: Design Amendment for Stormwater Infrastructure 243,143 Engineer’s Construction Cost Estimate 5,650,000 Construction Management (10%) 565,000 Current Project Total: $7,202,000 Anticipated Shortfall: $3,702,000 Staff will continue to pursue grant funding and partner with Eagle County and Core Transit for cost share. Page 3 of 3 RECOMMENDATION: Staff requests Council authorization to award the US 6 Safety and Mobility Improvements Project: Task Order 7 for Final Design Amendment to Stolfus and Associates in the amount of $243,143 as approved in the Town of Avon 2024 Capital Improvement Projects Fund . PROPOSED MOTION: “I move to authorize the issuance of Notice of Award for the US 6 Safety and Mobility Improvements Project: Task Order 7 for Final Design Amendment to Stolfus and Associates in the amount of $243,143 as approved in the Town of Avon 2024 Capital Improvement Projects Fund.” Thank you, Eva Attachment A: Stolfus and Associates Proposal. 5690 DTC Boulevard, Suite 330W Greenwood Village, CO 80111 phone:303-221-2330 • fax: 303-221-2331 www.stolfusandassociates.com September 4, 2024 Eva Wilson Public Works Director Town of Avon ewilson@avon.org Re: 24776 Amendment for US 6 Mobility Improvement Project – RRFB at Stone Bridge, Storm Sewer System, and Other Design Additions Dear Eva: Please find below an amendment to the scope of services for the US 6 Mobility Improvement project to conduct design for an RRFB at Stone Bridge and a storm sewer system to accompany median installation. The following describes the proposed scope of services added to the scope of services dated January 4, 2024: · Conceptual Design including a review meeting with CDOT and the development of an Engineer’s Opinion of Probable Cost and Roll Plot · Conceptual layout of RRFB pedestrian concept at Stone Bridge · Opinion of Probable Cost (OPC) for o Signal option and driveway relocation savings o Conceptual OPC of storm sewer o Breakdown of OPC by location based on jurisdiction information (4 locations) · Additional CDOT review meeting for feedback on conceptual layout of stone bridge and storm sewer system · Pedestrian Installation Request Forms including traffic safety analysis and pedestrian count distribution · Curb and gutter and pavement widening on eastbound US 6 at the west end the project including drainage, lighting, and signing and striping improvements · Storm sewer system for median locations with adverse drainage conditions. Includes median modifications, investigation of pavement areas, and landscape design modifications. · Geotechnical services to investigate soil conditions for sulfates/sulfites and existing pavement thicknesses ELEMENTS OF THE SCOPE OF SERVICES A. Project Administration/Management Stolfus will review and process invoices and will provide other project administration/ management services (coordination and product review) throughout the duration of the project. We will also be responsible for day-to- day management and coordination of the work elements. Meetings: · 1 – CDOT Pre-DOR Meeting (Conceptual Review Meeting #2) (Virtual) · 4 – Design Progress Meetings with Town and CDOT (virtual) Stolfus will assist the Town with Coordinating and scheduling meeting with CDOT. Stolfus will be responsible for preparing meeting exhibits and participating in the meetings. Meeting notes will be generated and distributed to the meeting attendees by Stolfus. Attachment A 24776 Amendment for US 6 Mobility Improvement Project September 4, 2024 Page 2 B. Conceptual Roadway Design Based on the Town’s direction and CDOT’s feedback, the design criteria for the project will be updated to incorporate raised landscape medians and an RRFB pedestrian crossing at Stone Bridge and submitted for review and concurrence. Lane and shoulder widths with proposed striping will be displayed. Stolfus will prepare a single conceptual design option for Town and CDOT consideration. Exhibits for the concept will be prepared on 11X17 and will be conceptual in nature, not developed for construction. One overall conceptual opinion of probable cost will be developed to confirm limits of construction fit within the available budget. Conceptual opinion of probable cost will be developed for four locations, as determined by the Town, including storm sewer design by location. Review meetings will be held with the Town and CDOT to confirm the preferred option prior to advancing the design as described in work element A. A roll plot of the general layout will also be created and updated as needed. C. Roadway and Traffic Design Addition of pavement widening and curb and gutter extension on eastbound US 6 at the west end of the project. Roadway profile is not expected for the new alignment; curb and gutter are expected to match existing grades on US 6. This improvement will be modeled to maintain positive drainage and demonstrate 4:1 tie in slopes. Shoulder widening east of the Eagle Bend Pedestrian Crossing in the eastbound direction of US 6 is included on CDOT’s request and will be modeled for feasibility. Pavement area modifications in three adverse drainage areas will be investigated using point elevations. Pavement core areas will be determined and coordinated with geotechnical engineers. Medians along the entire project limits will be modified to coincide with proposed storm sewer layout. Roadway and traffic design will be coordinated with drainage, lighting, and landscape design. Signing and striping will be modified accordingly. One site visit will be conducted by roadway design team. Pedestrian Crossing Installation Request Forms Stolfus will prepare pedestrian installation request forms on behalf of the Town for the three pedestrian crossing locations: River Edge, Eaglebend, and Mountain Stream. Traffic safety data on US 6 will be obtained and analyzed. Pedestrian counts will be based on transit ridership as provided by the Town. Pedestrian counts will be distributed to determine peak hour pedestrian volumes. D. DOR (90%) Design Plans Stolfus will revise 90% DOR plans based on design modifications. Tabulations will be broken up by the four locations determined at conceptual design. The 90% DOR Submittal will include: · Additional Drainage Plan and Profile sheets, additional lighting sheets at Stone Bridge Stolfus will provide QA/QC review for the project. We will also provide technical support throughout the project in an advisory capacity. Our review efforts will confirm appropriateness of methodologies used, accuracy of documents, reasonableness of conclusions, document completeness, and overall clarity. G. Field Survey and ROW Additional survey and ROW is not included in this amendment. If additional survey or ROW needs arise, a separate amendment will be developed. I. Drainage and Water Quality Analyze existing drainage patterns and reevaluate drainage design for the areas for west end gutter pan extension and shoulder widening east of Eaglebend. One site visit will be conducted by the drainage team. Hydrology and hydraulics design for additional median improvements along the US 6 corridor connecting the 3 proposed pedestrian crossings and the Stone Bridge intersection. A storm network infrastructure will be designed at median locations along the corridor based on stakeholder comments. Design calculations and a storm network layout including horizontal and vertical profiles will be developed. Revisions to drainage design, SWMP, and Drainage Report are included. 24776 Amendment for US 6 Mobility Improvement Project September 4, 2024 Page 3 J. Lighting Design Additional lighting will be provided at the west end of project near STA 1001+00, where curb and gutter extension is occurring. K. Landscape Design Design base files will also be updated and median landscape design along entire project will be modified to based on storm sewer network median impacts. N. Geotechnical Services Yeh and Associates will provide a geotechnical investigation and report on the existing pavement thicknesses, soil sulfate/sulfite content and general subsurface profile. The field work includes collecting pavement cores and soil samples at three locations. Site reconnaissance to start or mark borings and perform utility locates through the Utility Notification Center of Colorado. Permitting will be obtained from CDOT and/or the Town. Up to 3 borings will be drilled to a depth of 10 feet or auger refusal. Core the asphalt at 3 locations. Cores will be photographed and preserved for examination and measurement. Draft and Final Summary Report of findings will be completed and will include a project geology map, boring location map, bore logs, laboratory test results and asphalt core photographs. SCHEDULE AND ESTIMATED FEE We are available to begin work on this amendment immediately upon Notice to Proceed. An additional three months will be added to the original project schedule. We will provide the services describe above on a Time and Materials basis at our Standard Hourly Rates with a “Not to Exceed” limit which we will not charge beyond without prior written approval. Stolfus has estimated that the above scope of services could be completed for a “Not to Exceed” budget of $235,143. Firm Service Fee Stolfus and Associates, Inc. Transportation Engineering $123,436 RESPEC* Drainage Engineering $46,720 Clanton* Lighting Design $1,710 Yeh* Geotechnical Engineering $23,777 DHM* Landscaping $8,500 15% Contingency $31,000 Total $235,143 *Subconsultant to Stolfus and Associates, Inc. Invoices for professional services rendered and expenses incurred will be prepared monthly. Invoices will include a detailed description of meetings attended, work in progress, and tasks completed. Payment is expected within 30 days. After 30 days, unpaid invoices are subject to a 1.5% service charge, compounded monthly. 24776 Amendment for US 6 Mobility Improvement Project September 4, 2024 Page 4 Limitation of Liability In recognition of the relative risks and benefits of the project to the Town of Avon and Stolfus & Associates, Inc, the risks have been allocated such that Town of Avon agrees, to the fullest extent permitted by law, to limit the liability of Stolfus & Associates, Inc. to Town of Avon for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert-witness fees and costs, so that the total aggregate liability of Stolfus & Associates, Inc. to Town of Avon shall not exceed the total compensation received by Stolfus & Associates, Inc. under this Agreement. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Thank you again for the opportunity to work together on this project. Please call me if you have any questions. Best Regards, STOLFUS & ASSOCIATES, INC. Celeste Chavez Shinn, PE Project Manager Accepted by: ________________________________ Date Client PM:Date:9/4/2024 Project #:By:CCS Date Requested:Add'l Service? Requested by:Anticipated Duration 3 months Scope Summary Principal VP PE-5 PE-3 PE-2 PE-1 EI3 EI2 EI1 Office Manager ACCT-2 ACCT-1 Admin Asst. 1 TASK PHASE $265.00 $240.00 $225.00 $205.00 $180.00 $165.00 $150.00 $145.00 $140.00 $115.00 $115.00 $100.00 $85.00 HRS TOTAL Work Element Work Element 1 - Proj. Admin/Mgmt $5,280 $6,560 $3,960 $2,990 $18,790 Coordination 5 12 6 23 $4,350 Contract Admin/Billing 6 2 20 28 $4,150 Pre-DOR Meeting w/CDOT 3 4 8 15 $2,860 Progress Meetings with Town and CDOT (assume 4)8 14 16 38 $7,430 Subtotal Hours 22 32 24 26 104 Work Element 2 - Conceptual Design $2,400 $6,150 $10,560 $19,600 $38,710 Address Concept Comments 1 1 12 16 30 $4,665 Prepare initial OPC 1 4 4 8 17 $2,840 Prepare pre-DOR Submittal 1 2 16 40 59 $8,890 RRFB Concept at Stone Bridge 2 4 12 18 $3,280 Prepare OPC Savings - signal and driveway 1 8 9 $1,325 Prepare OPC - storm sewer and pavement areas 1 4 5 $1,060 Conceptual OPC by location - assume 4 locations 2 8 12 36 58 $9,140 Roll Plot + Update 2 6 8 32 48 $7,510 Subtotal Hours 10 30 64 140 244 Work Element 3 - Roadway and Traffic Design $3,360 $6,355 $16,830 $1,160 $15,960 $43,665 Beginning of Project Extension (west end)1 2 2 6 11 $1,820 Horizontal Alignment and Modeling 1 2 12 15 $2,630 Shoulder widening investigation and modeling 1 2 8 20 31 $4,770 Pavement Area Modification Analysis (3 locations) 1 4 32 12 49 $8,020 Pavement Core Locations (KMZ)1 4 5 $865 Median layout Modifications 1 4 20 24 49 $7,720 Signing and Striping design updates 1 2 4 12 19 $2,990 Design Coordination 4 8 12 24 $4,580 Pedestrian Crossing Installation Request Form and Analysis 4 6 8 32 50 $7,830 Site Visit 8 8 16 $2,440 Subtotal Hours 14 31 102 8 114 269 Work Element 4 - DOR Plans $2,460 $2,160 $4,620 $12,880 $22,120 Update plans based on new design (80 sheets)4 8 40 52 $7,740 Tabulation Breakout (4 locations)4 12 32 48 $7,280 QA/QC 4 12 8 20 44 $7,100 Subtotal Hours 12 12 28 92 144 Total Hours 46 105 12 218 8 346 26 761 Total Labor $$11,040 $21,525 $2,160 $35,970 $1,160 $48,440 $2,990 $123,285 $123,285 SUBCONSULTANTS/VENDORS Budget Sub/Vendor 1 $46,720 Sub/Vendor 2 $1,710 Sub/Vendor 3 $8,500 Sub/Vendor 4 $23,777 Sub/Vendor 5 Total Subconsultants $80,707 EXPENSES: expense cost qnty Mileage 0.670 225 $150.75 Hotel 107.00 Per Diem 59.00 Outside Reproduction $150.75 15% Contingency $31,000 TOTAL SERVICES $235,143 Other Type Service Provided RESPEC Clanton DHM Yeh Client:Eva Wilson Eva Wilson Project:Avon US 6 Mobility Improvements 24776 Location:Town of Avon Base Budget? Eva Wilson 1 970.748.4088 predmond@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Paul Redmond, Chief Financial Officer RE: Resolution No. 24-24 Supporting Town of Avon Ballot Issue 2C Use Tax on New Construction to Fund Community Housing DATE: September 11, 2024 SUMMARY: This report presents to Council Resolution No. 24-24 Supporting Town of Avon Ballot Issue 2C -Use Tax on New Construction to Fund Community Housing. BACKGROUND: Town of Avon Ballot Issue 2C proposes a 4% Use Tax on New Construction to Fund Community Housing to increase housing for the Avon community and is presented to Avon voters on the November ballot. The 4% Use Tax will replace the current 4% Sales Tax on construction materials. The question has been referred to the voters as the lack of affordable workforce housing in Eagle County continues to be the biggest crisis for our region. The high cost of housing affects many struggling households in Avon and impacts local businesses and service providers that strive to fill employment positions. Avon defines “Community Housing” as housing for full-time residents that serves all income levels, from entry level to professional jobs. Avon Town Council has declared the development and acquisition of Community Housing to be the number one priority for Avon. AVON’S COMMUNITY HOUSING EFFORTS: Avon Town Council first adopted the Avon Community Housing Plan in 2018. Since adopting this plan Avon has accomplished the following: •Adopted tax and fee waivers to provide financial incentives for new Community Housing construction •Amended Avon Development Code to adopt 20% employee housing mitigation on new development •Established the ¡Mi Casa Avon! home buyer assistance program, which has helped 44 households purchase a home in Avon •Amended the Light Industrial-Commercial Zone District to allow Community Housing, resulting in a remodel to convert office space to nine workforce housing apartments and approval of a new subdivision for 53 workforce housing townhomes •Hired Avon’s first full-time Housing Planner dedicated to Community Housing projects and programs •Updated Short Term Rental regulations to limit Short Term Rentals outside the Town Core •Adopted a 2% Short Term Rental tax dedicated to Community Housing, which generates approximately $1 Million per year •Allocated 10% of the Town’s real estate transfer tax to Community Housing, which generates approximately $560,000 per year •Adopted the Avon Downtown Development Authority, which dedicates 50% of the property tax revenue from new development to Community Housing and is expected to generate $250,000 in 2025 •Secured state grants for housing planning, including (1) creating an inventory of land for potential development of new workforce housing; (2) updating the 2017 Regional Housing Needs Assessment; and (3) exploring the formation of a multi-jurisdictional housing authority with Eagle County •Adopted amendments to Comprehensive Plan to identify Town owned properties that could be developed for 270+ new Community Housing units •Started annexation and partnership with State Land Board for development of 700 units of Community Housing 970.748.4088 predmond@avon.org ADDITIONAL FUNDING NEEDED: Additional funding sources are needed to increase and accelerate the amount of Community Housing that can be developed and acquired. The average іMi Casa Avon! downpayment assistance amount is $70,000 per residence. Subsidies for development of new Community Housing can be as much as $200,000 to $250,000 per unit. Current revenues for Community Housing are approximately $1.75 Million per year. Avon Town Council is considering the adoption of a 4% Use Tax on New Construction and dedicating the annual revenue source to Community Housing, which is estimated to generate another $500,000 per year. The 4% Use Tax on New Construction would replace the existing 4% Sales Tax on construction materials. Small home improvement projects and the development of new Community Housing projects would be exempt from paying the Use Tax. The Town of Avon actively pursues grant funding from state and federal sources as well as seeks partnerships with private developers. VOTER INPUT: As part of community outreach this summer Avon hired Magellan Strategies to conduct a voter survey in June. The results of the survey indicated that a majority of voters would support a 4% Use Tax on New Construction for Community Housing with 57% saying they would vote YES and 37% saying they would vote NO. Based on voter input, Council decided to raise the exemption level from $50,000 to $125,000. Respondents supporting a potential Use Tax recognized the critical shortage of workforce housing and felt that a tax on new large developments rather than taxing local residents was fair and equitable. Ballot Issue 2C is found in the Town of Avon’s Town Clerk Elections Page for November 5th, 2024, and may also be viewed here: https://www.avon.org/DocumentCenter/View/24444/2024-Avon-Ballot-Content FAIR CAMPAIGN PRACTICES ACT: The Colorado Fair Campaign Practices Act (“FCPA”) authorizes local governments to adopt a resolution in support or opposing a ballot measure and permits the posting of such resolution in the same manner as posting of resolutions generally. The FCPA also authorizes the creation of a factual information brochure that includes pro/con statements on the ballot measure. Staff will prepare a factual statement for review by the Avon Town Attorney’s office. The FCPA specifically states: C.R.S. §1-45-117(b) (I) Nothing in this subsection (1) shall be construed as prohibiting an agency, department, board, division, bureau, commission, or council of the state, or any political subdivision thereof from expending public moneys or making contributions to dispense a factual summary, which shall include arguments both for and against the proposal, on any issue of official concern before the electorate in the jurisdiction. Such summary shall not contain a conclusion or opinion in favor of or against any particular issue. As used herein, an issue of official concern shall be limited to issues that will appear on an election ballot in the jurisdiction. (II) Nothing in this subsection (1) shall be construed to prevent an elected official from expressing a personal opinion on any issue. (III) Nothing in this subsection (1) shall be construed as prohibiting an agency, department, board, division, bureau, commission, or council of the state or any political subdivision thereof from: 970.748.4088 predmond@avon.org (A) Passing a resolution or taking a position of advocacy on any issue described in subparagraph (I) of paragraph (a) of this subsection (1); or (B) Reporting the passage of or distributing such resolution through established, customary means, other than paid advertising, by which information about other proceedings of such agency, department, board, division, bureau, or council of the state or any political subdivision thereof is regularly provided to the public. (C) Nothing in this subsection (1) shall be construed as prohibiting a member or an employee of an agency, department, board, division, bureau, commission, or council of the state or any political subdivision thereof from expending personal funds, making contributions, or using personal time to urge electors to vote in favor of or against any issue described in subparagraph (I) of paragraph (a) of this subsection (1). COMMITTEE SUPPORT: The Avon Finance Committee and Avon Downtown Development Authority both approved a similar Resolution Supporting the 4% Use Tax on New Construction to Fund Community Housing. PROPOSED MOTION: “I move to approve Resolution No. 24-24 Supporting Town of Avon Ballot Issue 2C - Use Tax on New Construction to Fund Community Housing.” Thank you, Paul ATTACHMENT A: Resolution 24-24 Resolution No. 24-24 September 24, 2024 Page 1 of 1 RESOLUTION 24-24 SUPPORTING TOWN OF AVON BALLOT ISSUE 2C USE TAX ON CONSTRUCTION MATERIALS TO FUND COMMUNITY HOUSING WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local governments to pass a resolution taking a position of advocacy and reporting the passage of, and distributing, the resolution through established and customary means by C.R.S. §1-45- 117(1)(b)(III), and WHEREAS, the Avon Town Council finds that Ballot Issue 2C will promote the sustainability of the Avon community by asking registered Avon voters to impose a 4% use tax on construction materials to fund community housing as part of the General Election on November 5th, 2024; and WHEREAS, the Town acknowledges that there is a dire need for community housing and Avon Town Council has declared the development and acquisition of workforce housing to be the number one priority; and WHEREAS the imposition of the 4% use tax on construction materials is not a new tax but rather replaces the existing 4% sales tax, and allows for the collection of the tax on construction materials purchased outside Avon and dedicates the new revenue to support and secure the additional funding needed to make vital improvements for local community housing; and WHEREAS, the Town of Avon has adopted the Community Housing Plan in 2018 to help address the housing challenges with dedicated Real Estate Transfer Tax Revenues to programs such as the establishment of a homebuyer assistance program for Avon residents, potential use of town owned land for affordable housing, as well as secured state grants for regional housing planning efforts; and NOW, THEREFORE, BE IT RESOLVED, the Avon Town Council hereby supports and endorses Town of Avon Ballot Issue 2C for Use Tax on Construction Materials to fund community housing in the upcoming November 5, 2024 General Election, as a measure that will improve funding for community housing and promote increased livability, sustainability and economic vitality for Avon and the Eagle County region. ADOPTED SEPTEMBER 24, 2024 BY THE AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A 970-748-4013 idejong@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Ineke de Jong, Chief Administrative Officer RE: Resolution No 24-25 Supporting Eagle County Conservation District Ballot Issue 7A DATE: September 16, 2024 SUMMARY: This report presents to Council Resolution 24-25 which expresses Town Council’s support for Ballot Issue 7A, a ballot issue placed on the ballot by the Eagle County Conservation District (“the District”) which seeks authorization for a property tax of 0.15 mills to generate revenues for the Eagle County Conservation District. BACKGROUND: the District came to Council in early April to present this ballot proposal for consideration in the fall. The math: a $ 1million home would equate to $10 in annual taxes. This will bring in roughly $745,000 annually for the district, which will cover their existing operating costs and allow for the District to continue to grow. The District sent out another county wide survey this summer to determine if voters would support a small mill levy in this fall's election and the results came back fairly favorable (Attachment B). Due to the positive feedback, the District has continued its mill levy efforts to go to ballot for a .15 mill levy. At this time, the District is looking for support from their partners and is hoping for a Resolution from the Town of Avon. The ballot language will read as follows: Shall Eagle County Conservation District taxes be increased $650,000 annually commencing in tax payment year 2025, and by such amounts as may be collected thereafter, from a property tax of 0.15 mills (estimated to cost $10 per year for every $1 million in home value) for the following purposes: • Ensuring adequate water supplies and maintaining drinking water quality and the health of rivers and streams such as the Eagle and Colorado rivers by working with local residents and ranchers to improve water conservation; • Restoring and protecting forest and grassland health to reduce the risk of wildfires to communities; • Conserving populations of native birds, fish and wildlife such as bald eagles, elk, moose, and trout; With all expenditures subject to applicable legal requirements regarding an annual independent audit, as required by law; and shall such tax revenues and the earnings from the investment of such tax revenues be collected, retained, and spent as a voter-approved revenue change under Article X, section 20 of the Colorado Constitution or any other law? FAIR CAMPAIGN PRACTICES ACT: The Colorado Fair Campaign Practices Act (“FCPA”) authorizes local governments to adopt a resolution in support or opposing a ballot measure and permits the posting of such resolution in the same manner as posting of resolutions generally. FINANCIAL CONSIDERATIONS: Resolution 24-25 does not create any financial obligation for the Town. Page 2 of 2 RECOMMENDATION: Staff recommends adoption of Resolution 24-25. PROPOSED MOTION: “I move to approve Resolution 24-25 thereby expressing Town Council’s support for the passage of Eagle County Conservation District Ballot Issue 7A.” Thank you, Ineke ATTACHMENT A: Resolution 24-25 ATTACHMENT B: Eagle County Conservation District Voter Survey Key Findings Resolution No. 24-25 September 24, 2024 Page 1 of 1 RESOLUTION 24-25 SUPPORTING EAGLE COUNTY CONSERVATION DISTRICT BALLOT ISSUE 7A WHEREAS, the Eagle County Conservation District (“the District”) is a Colorado special purpose district and a body corporate with those powers of a public corporation which are specifically authorized by, and in compliance with Title 35, Article 70 of the Colorado Revised Statutes created under the “Colorado Soil Conservation Act”; and WHEREAS, the Avon Town Council finds that Ballot Issue 7A will promote the sustainability and long-term preservation of the District by asking registered voters to approve a property tax of 0.15 mills to fund the below purposes as part of the General Election on November 5th, 2024 • Ensuring adequate water supplies and maintaining drinking water quality and the health of rivers and streams such as the Eagle and Colorado rivers by working with local residents and ranchers to improve water conservation; • Restoring and protecting forest and grassland health to reduce the risk of wildfires to communities; • Conserving populations of native birds, fish and wildlife such as bald eagles, elk, moose, and trout; WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local governments to adopt and distribute in normal fashion a Resolution regarding any ballot issue of import to that local government. WHEREAS, Town of Avon works cooperatively with private landowners and various local Colorado governments including the District toward the accomplishment of its mission; and WHEREAS, the District provides many programs that align with and support Town of Avon’s values towards water conservation, wildfire mitigation and wildlife conservation; and NOW, THEREFORE, BE IT RESOLVED, the Avon Town Council hereby supports and endorses Eagle County Conservation District Ballot Issue 7A for a small mill levy in the upcoming November 5, 2024 General Election, as a measure that will improve sustainability and long-term preservation of the District. ADOPTED SEPTEMBER 24, 2024 BY THE AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A 1 Eagle County Conservation District Survey Key Findings June 2024 ATTACHMENT B 2 Methodology New Bridge Strategy conducted a survey among N=270 landowners who are also registered to vote in Eagle County Conservation District from June 3-10 2024. Please note that we utilized a list of voters provided by the District and therefore, did not have complete demographic information about this audience so we did not weight the data. Interviews were conducted via live telephone interviews (both cell phones and landlines) and online via email invitation and text-to-web. The margin of error is +5.96% for the overall sample. The margin of error will vary for sub-groups. 3 Education High School or Less 5% Some college 16% College grad 40% Post grad 39% Key Demographics Gender Male 55% Female 45% Age 18-34 6% 35-44 17% 45-54 25% 55-64 23% 65+28% Ethnicity White 88% Voters of Color 10% Length of Residence Less than 5 years 16% 5 to 10 years 17% 11 to 15 years 9% More than 15 years 47% Native 11% Party Republican 20% Independent 44% Democrat 36% 4 Core Perceptions of Eagle County Conservation District 5 11% 61% 28% A lot A little Nothing at all Most know at least a little about ECCD. Only one-in-ten say they know a lot. How much would you say you know about the Eagle County Conservation District? 6 Long-time residents and Republicans are most familiar with ECCD. How much would you say you know about the Eagle County Conservation District? Total Know A Lot/Little about ECCD Men 70% Women 75% Age 18-44 56% Age 45-54 75% Age 55-64 89% Age 65+70% Less than 15 years resident 65% 15+ years resident 78% Republican 81% Independent 70% Democrat 70% 7 Of those who are at least a little familiar with the District, almost three-in-four have a favorable impression of the Conservation District. And do you have a favorable or unfavorable impression of the Conservation District? Asked only of those who were familiar with the District, N=195. 72% 10% Total Favorable Total Unfavorable +62 24%Very Favorable 8 Potential Ballot Measure 9 60% 27% 13% Total Yes Total No Hard Undecided/Don't Know Three-in-five qualified voters in the District say they would vote yes on the potential measure if the election were being held today. Now, there could be a question on the ballot in the future, so please indicate if the election were being held today and the following proposal is on the ballot, would you vote Yes or No on it. It would read as follows… Shall Eagle County Conservation District taxes be increased $650,000 annually commencing in tax payment year 2025, and by such amounts as may be collected thereafter, from a property tax of 0.15 mills (estimated to cost $10.00 per year for every $1 million in home value) for the following purposes: • Restoring and protecting forest and grassland health to reduce the risk of wildfires to communities and wildlife; • Maintaining drinking water quality and the health of rivers and streams by working with local residents to improve water conservation and help them use more native and drought tolerant plants and grasses; • Ensuring local food production by working with local ranchers and landowners to improve soil health, support more efficient water use and ensure adequate water supplies; With all expenditures subject to applicable legal requirements regarding an annual independent audit, as required by law; and shall such tax revenues and the earnings from the investment of such tax revenues be collected, retained, and spent as a voter- approved revenue change under Article X, section 20 of the Colorado constitution or any other law? +33 33% Definitely Yes 20% Definitely No 10 Water, land conservation and wildfire risk mitigation are the top reasons why voters say they would vote yes. Many also said the minimal tax increase makes it a good investment. What are the one or two main reasons why you would vote Yes in favor of this proposal? “I’m interested in maintaining the environment. Water rights and maintaining the supply is vital to the area.” Female, Age 55-64, Else/Independent # of mentions Water conservation/quality 48 Preserve land/forests/nature 36 Wildfire mitigation 27 Minimal tax increase/good investment 26 Concern for environment/support for environmental protection 24 Purposes listed are important/necessary 17 Benefits community/public good 11 Preserve wildlife habitat 6 Important for future generations 5 Supports agriculture 5 “It’s good for the environment, and it’s a good investment.” Male, Age 65+, Democrat “Because the increase is minimal in taxes and because the money is going toward issues I feel strongly about.” Female, Age 45-54, Republican 11 “The amount of taxes on my property value has gone up. Not sure where the money is going.” Male, Age 35-44, Democrat # of mentions Opposed to more taxes 47 Additional funds for District not necessary 11 Government/county misuse of tax funds 9 Proposal is vague/need more information 5 Concerns about inflation/cost of living 4 “I would need to know exactly how these funds are being used. There is a lot of ambiguity there.” Female, Age 45-54, Democrat “It’s a big tax increase with no confirmation that it will be used properly.” Male, Age 45-54, Else/Independent What are the one or two main reasons why you would vote No against this proposal? Opposition to increasing taxes was the top reason residents said they would vote no. 12 60%54% 67% 27%30%23% Total Men Women Total Yes Total No Female voters tend to be more supportive of the proposed measure. +33 +24 +44 Initial Ballot 33% Def Yes 33% Def Yes 32% Def Yes 20% Def No 22% Def No 18% Def No 13 60% 30% 56% 81% 27% 55% 31% 7% Total Republicans Independents Democrats Total Yes Total No Support for the proposal falls along party lines, with a majority of Republicans saying they would vote no. +33 -25 +25 +74 Initial Ballot 33% Def Yes 13% Def Yes 29% Def Yes 47% Def Yes 20% Def No 45% Def No 22% Def No 14 Communicating about the Ballot Measure 15 Funding Proposals Ranked by Total Extremely/Very Important Extremely Important Ext/Very Important Maintaining drinking water quality 53%86% Maintaining the health of rivers and streams, such as the Eagle and Colorado rivers**51%83% Maintaining the health of rivers and streams*45%81% Ensuring adequate water supplies 44%80% Restoring and protecting forest and grassland health to reduce the risk of wildfires to communities and wildlife 43%78% Conserving populations of native birds, fish and wildlife such as bald eagles, elk, moose, and trout 44%76% Working with local ranchers and landowners to support more efficient water use**30%70% Restoring habitat for pollinators such as bees and butterflies 36%66% Below is a list of benefits and projects that could be funded if voters approve this proposal. Please indicate how important it is to you personally that each project be funded: Is it extremely important, very important, somewhat important, or not important to you that funding is dedicated to that purpose? *Sample A, N=126 **Sample B, N=144 Maintaining water quality and the health of rivers and streams rise to the top as the most important projects to fund. 16 Funding Proposals Ranked by Extremely/Very Important Extremely Important Ext/Very Important Working with local residents to improve water conservation 26%59% Helping local residents reduce water use and costs through rebates to replace turf with native and drought tolerant plants and invest in more efficient irrigation**29%59% Supporting sustainable farming and ranching in Eagle County 22%53% Working with local residents to help them use more native and drought tolerant plants and grasses*21%52% Providing financial incentives and working with local farmers and ranchers to modernize irrigation equipment to support more efficient water use.*20%51% Working with local ranchers and landowners to improve soil health 21%50% Ensuring local food production 17%43% Below is a list of benefits and projects that could be funded if voters approve this proposal. Please indicate how important it is to you personally that each project be funded: Is it extremely important, very important, somewhat important, or not important to you that funding is dedicated to that purpose? *Sample A, N=126 **Sample B, N=144 These projects are also viewed as important to fund, though intensity is much lower than the items on the previous slide. 17 The amount of water flowing through the Colorado River has declined 20% since 2000 and scientists believe this trend will only get worse due to a changing climate. We need to act now to invest in more efficient irrigation systems and help local residents reduce their water use. 75% Northing is more important than having clean water to drink. By protecting the amount of water flowing in our rivers and creeks, we can ensure the quality of the water flowing into our water supplies.72% Cities are aggressively buying up water rights and drying up valuable, productive farmland. Some of these farms have been in families for generations. The District works closely with local farmers and ranchers, and with these funds can help them modernize irrigation to help keep these farms and ranches producing food in our local area. 69% Our water supplies are like a bank account, and we are withdrawing more than is deposited. This proposal will allow the District to continue to help our residents, small businesses and farmers be good stewards of this vital resource so future generations can have enough water and enjoy our rivers and creeks like we do today.69% By working closely with local landowners, the District provides information and financial incentives so that they can restore the health of beautiful forests and grasslands. That in turn can help reduce the risk of catastrophic wildfires and protect our communities. 66% The statements about water are all very convincing to voters as reasons to vote yes for the potential proposal. The wildfire statement is still convincing, but intensity is not as high. 37% 35% 30% 30% 25% % Very Convincing % Total Convincing The following are some statements that people have made IN FAVOR OF this funding measure. After each one, please indicate whether that statement is very convincing, somewhat convincing, not too convincing or not at all convincing as a reason to vote YES, IN FAVOR OF this proposal. 18 Property taxes just went up dramatically. Now is not the time to ask for a tax increase, especially with increasing cost of living and higher prices on everything from groceries to gas to rent.* 71% This measure creates a forever tax that will never expire. We should not vote to tax our children and grandchildren decades into the future.**46% We cannot trust the District to spend this money wisely. Government needs to tighten its belt and live within its means like most families.**51% The District is already doing this work without any tax dollars. They should go out and get more grants to do this work – not increase taxes.*57% We cannot afford to spend more of our tax dollars on open space and wildlife habitat when our community faces other higher priority problems, such as a lack of affordable housing.*45% An opposition statement about property taxes is very convincing to voters. The other statements aren’t as intensely compelling. The following are some statements that people have made AGAINST this proposal. After each one, please indicate whether that statement is very convincing, somewhat convincing, not too convincing or not at all convincing as a reason to vote NO, AGAINST this proposal. *Sample A (N=126) **Sample B (N=144) 40% 26% 23% 17% 15% % Very Convincing % Total Convincing 19 60%62% 27%28% 13%9% Initial Ballot Informed Ballot Total Yes Total No Total Lean/Undecided After learning more, there is not much change in the number who say they would vote yes, however, there is a slight bump up outside of the margin of error of those who say they would definitely vote yes. Having read all of this, please indicate if the election were being held today and this proposal was on the ballot, would you vote Yes or No on the following question… +33 +34 33%Def Yes 20% Def No 39%Def Yes 19% Def No 20 The Bottom Line 21 The Bottom Line •Most of these qualified voters know at least a little about the District. Very few say they know “a lot.” Of those who are familiar, almost three-in-four say they have a favorable impression of Conservation District. •The potential measure starts off in a strong position with sixty percent of qualified voters in the District saying they would vote yes, with over half of those saying they would definitely vote yes. There are a myriad of reasons voters say they would vote yes, but water conservation/quality, preserving nature, wildlife mitigation, and the fact that the tax is not a large increase are the top reasons. Given that, it makes sense that funding items emphasizing water quality, conservation and reducing wildfire risk rise to the top as some of the most important items voters believe should be funded. •When it comes to support statements, all of the statements tested are compelling to voters as reasons to support the measure. The statement about wildfire risk isn’t quite as convincing, but a majority still say it is compelling. •Statements in opposition to the measure for the most part don’t land with these voters. One statement about property taxes increasing is compelling as a reason to oppose, but we have seen this statement resonate on various issues across the state so this sentiment is certainly not unique to just ECCD. •After learning more, voter support remains solid for the potential measure and hovers in the low 60’s. 22 Suggested Ballot Language Shall Eagle County Conservation District taxes be increased $650,000 annually commencing in tax payment year 2025, and by such amounts as may be collected thereafter, from a property tax of 0.15 mills (estimated to cost $10.00 per year for every $1 million in home value) for the following purposes: • Maintaining drinking water quality and the health of rivers and streams such as the Eagle and Colorado rivers by working with local residents and ranchers to improve water conservation; • Restoring and protecting forest and grassland health to reduce the risk of wildfires to communities; • Conserving populations of native birds, fish and wildlife such as bald eagles, elk, moose, and trout; With all expenditures subject to applicable legal requirements regarding an annual independent audit, as required by law; and shall such tax revenues and the earnings from the investment of such tax revenues be collected, retained, and spent as a voter-approved revenue change under Article X, section 20 of the Colorado Constitution or any other law? 23 Lori Weigel Principal lori@newbridgestrategy.com 303.324.7655 Kathryn Hahne Director kathryn@newbridgestrategy.com 703.888.9295 Replacement Price Capped Deed Restriction September 18, 2024 Page 1 of 3 TO: Honorable Mayor Amy Phillips and Council members FROM: Patti Liermann, Housing Planner RE: Price Capped Deed Restriction Replacement DATE: September 18, 2024 SUMMARY: This report provides Avon Town Council (“Council”) with information on replacing the price capped deed restriction form at several deed restricted properties in Avon. BACKGROUND: In 2023, Council approved an update to the Avon Community Housing Policies (“ACHP”) in anticipation of updating aging deed restrictions. The purpose of the ACHP is to further define and clarify provisions of deed restrictions. As a policy document, it is amendable and can adapt to changing conditions. The previous ACHP (Town of Avon Housing Guidelines) was created in 1991 and had never been updated. The 2023 ACHP has been modernized and is now universally consistent with partner housing organizations. The ACHP specifically details buyer eligibility, permitted capital improvements, and resale selection of resident occupied, and price capped deed restricted for-sale and rent properties. Much of the Town’s price capped deed restricted housing stock was built between 1991 and 2000. Several of those deed restrictions either make no reference to the ACHP or contain provisions that conflict with the recent 2023 ACHP update. The replacement deed restriction form proposed to Council will remove any previous conflict between the deed restriction and the new ACHP and will standardize policies moving forward. Once approved by Council, existing Owners can choose to replace the deed restriction. The replacement deed restriction will be mutually beneficial for the Owners and the Town. This replacement deed restriction is entirely elective by the Owners and will carry great financial benefits for them. Table of Deed Restricted Properties and Key Policies Location Buyer Eligibility Capital Improvements Resale Selection Wildwood est. 1991 TOA / Publicly developed Qualified Buyers as defined in the ACHP Not to exceed 10% of the original purchase price of unit Seller selects Chapel Square est. 1997 Private Developer generated (inclusionary) Primary/sole residence, work 30hrs/week, 150% AMI income restriction, asset cap 10% of original purchase price, 10 year reset with a 10% increase over the original purchase price, limited items, no depreciation Selection process: 100% AMI, 120% AMI, 140% AMI category, 150% AMI, businesses at Chapel Square, businesses in Avon Lodge at Brookside est. 1998 Private Developer generated (inclusionary) Primary/sole residence, work 30hrs/week, 120% AMI income restriction, asset cap 10% of original purchase price, 10 year reset with a 10% increase over the original purchase price, limited items, no depreciation Selection Process: lottery (no more information) Replacement Price Capped Deed Restriction September 18, 2024 Page 2 of 3 Sheraton Mt Vista est. 2000 Employer / Private Developer generated (inclusionary) Primary/sole residence, work 30hrs/week, 120% AMI income restriction, asset cap 10% of original purchase price, 10 year reset with a 10% increase over the original purchase price, limited items, no depreciation Selection process: Lowest income, work/live in Town, work/ live in Eagle County Grandview est. 2000 Private Developer generated Primary/sole residence, work 30hrs/week, 120% AMI income restriction, asset cap 10% of original purchase price, 10 year reset with a 10% increase over the original purchase price, limited items, no depreciation Selection process: Lowest income, work/live in Town, work/ live in Eagle County New Price Capped Deed Restriction Form Highlights. The new form of price capped deed restriction addresses three major provisions that are inconsistent across several deed restrictions and/or have not aged well over time for Owners. Changes will reflect the following: 1. Buyer Eligibility is defined in the deed restriction with details pointing to the most recent version of the ACHP. It clarifies retirement, disability, and other exceptions consistently and universally with other partner housing organizations and industry standards. 2. Permitted Capital Improvements (“PCI”) allowance points directly to the ACHP. This is 10% of the unit’s Base Price, resetting every 5 years to the unit’s new Base Price. Items eligible for PCI are listed in the ACHP under two depreciation categories: 5- and 20-year. The ACHP item list is comprehensive and thoroughly covers replacement items for typical homes, allowing owners to routinely capture replacement expenses in their Maximum Sale Price (“MSP”). 3. Resale Process will run through the Town or its Program Administrator. The process is outlined in the deed restriction and further defined in the ACHP. A neutral selection creates a fair and equitable process for buyers and eliminates impropriety. 4. Other provision updates to Breach, Remedy, General Provisions, and Option to Purchase will be better aligned with current standards. Proposed Replacement: Wildwood Townhomes. Wildwood Townhomes was Avon’s first deed restricted project. The form of the Deed Restriction is the most inconsistent with today’s standards and practices and is unique in this aspect even compared to other price capped deed restrictions within Avon. In reviewing the original document and in response to owner concerns about this deed restriction, Staff is proposing an additional change for owners who replace their deed restriction with the new replacement form - a one-time adjustment to the Base Price. Many original and long-term unit owners are experiencing severe price disparity. Staff recommends adjusting all unit Base Prices upward to the most recent sale price of the equivalent unit type (2- or 3- bedroom). Since those sales may have occurred a few years ago, Replacement Price Capped Deed Restriction September 18, 2024 Page 3 of 3 the adjustment will be based on the Base Price value of that most recent value as of January 1, 2024. For easy math, Staff rounded to the next whole number, allowing all owners to equitably benefit from this adjustment. This adjustment is to the Base Price, before capital improvements are added to the Maximum Sales Price. Proposed Base Price Adjustment of value as of January 1, 2024: a. 2 bedroom: $200,000 b. 3 bedroom: $250,000 Both the North and South HOAs are self-managed. Staff recommends assisting both HOAs with learning the roles and responsibilities of HOA management and finances by obtaining memberships with Community Associations Institute (“CAI”) and sending their Board Members to board member training. Staff will update Council on any additional support or action regarding these matters. OPTIONS: Council can make a motion or, decide to move this decision to a later date and consider additional information. RECOMMENDATION: I recommend Council approve and authorize use of the attached forms of Price Capped Deed Restrictions. TOWN MANAGER COMMENTS: I support the use of the proposed replacement Price Capped Deed Restrictions. PROPOSED MOTION: “I move to authorize Staff to use the replacement Price Capped Deed Restriction forms in Attachment A and Attachment B.” Thank you, Patti ATTACHMENT A: Replacement Form ATTACHMENT B: Initial Deed Restriction Replacement - Wildwood TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 1 of 23 PRICE CAPPED DEED RESTRICTION THIS TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION (“Deed Restriction”) is entered into on __________________ 20____ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality, with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and __________________________ [hereinafter known as “Owner”], (each individually a “Party” and collectively the “Parties”). WHEREAS, Owner owns the real property and the improvements situated thereon, located at _______________________, Avon, Colorado 81620, and more particularly described in Exhibit A hereto (“Property”); and WHEREAS, the Property was originally purchased on __ day of ________ ___, and subject to The Town of Avon’s Occupancy and Resale Deed Restriction, Agreement, and Covenant recorded on ___ day of ________ with Eagle County Clerk and Recorder; and WHEREAS, with voluntary agreement by the Owner, the Town has agreed to replace the Town of Avon’s Occupancy and Resale Deed Restriction, Agreement, and Covenant with this Deed Restriction, WHEREAS, the Town has agreed to place certain restrictions on the ownership and resale of the Property for the benefit of the Town by requiring ownership and resale of the Property as set forth in this Deed Restriction and Avon Community Housing Policies (“ACHP”); and WHEREAS, the Town declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and WHEREAS, the Town has authority as a home rule municipality to enter into the Deed Restriction and to exercise all rights, remedies and administrative oversight in this Deed Restriction. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1.Property Subject to Deed Restriction. The Property, as more particularly described in Exhibit A hereto, is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership, use and sale of the Property shall be restricted as specified in this ATTACHMENT A TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 2 of 23 Deed Restriction. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: A. “Annual Compliance Recertification” means an annual recertification under oath by the Owner to the Town stating the Property has maintained occupancy by an Eligible Household in accordance with this Deed Restriction and the ACHP, and any other deed restriction monitoring or certifications required by the Town from time to time. B. “Avon Community Housing Policies” or “ACHP” means the Avon Community Housing Policies, as may be amended from time to time. which may include similar housing policies of another local or regional government housing authority serving the Avon community in the event that this Deed Restriction is assigned by Avon to such housing authority, and as they may be amended from time to time. C. “Eligible Household” means Households that (i) will use the Property as their Primary Residence, (ii) meet the employment qualification criteria below, and (iii) comply with the restriction on owning other real estate ownership below. Each of the criteria are further defined below: i. Employment Qualification: At least one primary member of the Household must meet one or more of the following criteria: (1) an employee working a total average of at least thirty (30) hours per week on an annual basis for a business(es) or employer(s) located within Eagle County; or (2) earns seventy -five percent (75%) or more of his or her income and earnings at a business(es) or employer(s) located within Eagle County, as documented with the United States Internal Revenue Service; or (3) has a qualified employment contract, that has been accepted by the Town, with an employer(s) within Eagle County on a permanent basis to work at least an average of thirty (30) hours per week on an annual basis, or (4) Employment qualifications may include classifications of workers (i.e. retirees, disabled, remote workers) in accordance with the Avon Community Housing Policies, as may be amended from time to time, and as approved by the Town. ii. Primary Residence. The Property will be used as the sole and exclusive place of residence as defined herein. iii. Restriction on Owning Other Real Estate: TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 3 of 23 (1) As of the date of purchase of the Property, during ownership of the Property and during any period of time the Property is occupied by an Eligible Household, no member of such Eligible Household, including, but not limited to, spouses and children under 18 years of age, may own any interest, alone or in conjunction with others, anywhere in any improved residential real propert y(ies). (2) A member of an Eligible Household that owns commercial property for business use or vacant land may request an exemption from this requirement, which may be granted at the sole written discretion of the Town or its assign. (3) Real estate that is owned by a prospective or current Eligible Household shall not be deeded to a corporation or other person or entity except for a fair market value, nor shall real estate be deeded to a corporation or other legal entity in which any Household member has any financial interest in order to meet the requirements in this subsection. iv. Title of the Property shall be held in the name of the natural person(s) who are members of the Eligible Household and who qualifies under criteria above. For example, title may be held jointly in the name of spouses who are members of an Eligible Household. (1) Notwithstanding the foregoing, an Eligible Household may seek a variance to allow title of the Property to be held in trust for the benefit of a natural person who also meets the definition and qualifications of an Eligible Household, as stated herein in Section 2.B. Such ownership in trust may only occur in the circumstances provided herein and at the sole written discretion of the Town, or its assign. To request a variance, the applicant shall submit a letter to the Town, or its assign, requesting a special review and a determination that title of the Property may be held in trust as set forth herein. (2) To be eligible for a variance, the following conditions must be met: (i) The beneficiary of the trust may not own other real property; and (ii) The beneficiary of the trust must be of the age of majority to qualify for this variance. (3) Upon receipt of a request for a special review for a variance and any requested information and documentation, the Town, or its assign, may grant the request, in writing, with or without conditions. D. “Household” means all individual(s) who will occupy the Property regardless of legal status or relation to the owner or lessee. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 4 of 23 E. “Initial Sales Price” means the maximum price for which a Price Capped For- Sale Housing unit may be initially sold. It also refers to the amount paid by an Owner in a subsequent sale. F. “Maximum Sales Price” means the maximum amount an owner can sell the Community Housing Unit. G. “Owner” means the owner of fee simple title to the Property, as well as its owner’s agents, successors and assigns, buyers, heirs, devisees, transferees, grantees, owners or holder of title to the Property of record of the Community Housing Unit, according to the Clerk and Recorder of Eagle County, during their period of ownership interest. H. “Price Capped Community Housing” is subject to a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence and sold subject to the Maximum Resale Price, as those terms are defined herein. I. “Primary Residence” A Property is the Primary Residence of an Eligible Household as long as one or more members of the Eligible Household lives on the Property for at least 9 months in a calendar year. Determination of Eagle County primary residency status shall be based on criteria the Town deems reasonably necessary to make a determination, including but not limited to, voter registration, place of vehicle registration, and/or state issued identification. J. “Qualified Employer” means an individual or entity that regularly conducts business in Eagle County, is based in Eagle County, and is registered in Eagle County, if applicable. Qualified Employers may hold title to the Property and lease to their employees who are also members of Eligible Households. Qualified Employers may not impose restrictions upon the Property in addition to the terms of this Deed Restriction without prior written consent of the Town. K. “Short Term Rental” An Owner or non-Owner providing compensation to lodge in the Property for periods of less than thirty (30) days. Owner shall not advertise any part of the Property for short term lease on an open, public forum such as Airbnb, VRBO, Homeaway or equivalent. L. “Town” shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 5 of 23 3. Ownership, Occupancy and Use Restrictions: A. The ownership, use and occupancy of the Property is restricted as follows: (i) the Property shall be owned and occupied by an Owner who either qualifies as an Eligible Household or is a Qualified Employer who leases the Property to their employee(s), who is/are Eligible Household(s), as defined within Section 2 of this Deed Restriction; (ii) the Qualified Employer lessee own no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and (iii) the Owner or Qualified Employer lessee uses the Property as its Primary Residence, as defined within Section 2 of this Deed Restriction. B. The Property may not be sold or otherwise transferred to any person other than an Eligible Household in accordance with the procedures for prior verification contained in Section 4 below and pursuant to all provisions within this Deed Restriction. It is understood and agreed by the parties that notwithstanding the foregoing, title to the Property may be held from time to time by the Town in the event of a foreclosure or as permitted by this Agreement or the ACHP. Further, it is understood and agreed to by the parties that notwithstanding the foregoing, the Property may be held from time to time by certain employers, districts or governmental entities which qualify as a Qualified Employer, as that term is defined in Section 2.G above. C. Owner is subject to Annual Compliance Recertification confirming and verifying the Owner’s continued eligibility as an Eligible Household and its compliance with this Agreement. To confirm such eligibility, the Owner of the Property shall submit the following information to the Town: (i) a verification that the Owner continues to meet the requirements of an Eligible Household who uses the Property as its Primary Residence; and (ii) a statement that the Owner owns no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and other documentation that be required by the Town and the ACHP, as may be amended from time to time. D. An Owner must not engage in any business activity on or in such Property, other than as permitted within the zone district applicable to the Property. E. The Short Term Rental, or the advertising of a short term rental, of all or any portion of the Property is prohibited. F. An Owner of the Property may not permit any use or occupancy of the Property except in compliance with this Agreement. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 6 of 23 G. Owner, other than a Qualified Employer, may not, except with prior written approval of the Town and subject to the most current ACHP and the provisions of this Deed Restriction, rent the Property for any period of time. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction and ACHP, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eligible Household and Primary Residence status, as defined in Section 2. H. Any subsequent Owner of the Property must execute an Acknowledgement of Deed Restriction Agreement for Price Capped For Sale Housing, in the form, or similar form provided by the Town, set forth in Exhibit C , and attached hereto and incorporated herein by this reference. The failure to execute such docuent shall not extinguish the legal force and effect of this Deed Restriciton on all current and subsequent Owners. I. All sales of the Property shall be subject to the Maximum Sales Price as calculated in Section 5 below. 4. Resale Restrictions: The Property may not be sold or otherwise transferred to any person other than an Eligible Household and subject to the calculation of the Maximum Sales Price in accordance with Section 5 and the provisions of this Deed Restriction. A. In the event that an Owner desires to sell the Property, the sale or transfer of the Property shall be executed by the Town or its assigns in accordance with the most current ACHP procedures. B. Upon sale and conveyance of the Property by Owner to a buyer, the buyer shall be subject to the same occupancy and use requirements set forth in this Deed Restriction and the most recent version of the ACHP. 5. Maximum Sale Price: In no event shall the Property be sold for an amount in excess of the Initial Sales Price plus the applicable percentage of appreciation per year, and as provided below. A. Appreciation shall be three percent (3%), simple annually. i. In the event an Owner owns a Subject Property for only a portion of any year, the percentage increase shall be prorated monthly, from purchase date, and the Owner shall be given credit through the month in which the property is listed for sale. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 7 of 23 B. Permitted Capital Improvements shall not increase the Owner’s Initial Sales Price. For the purpose of determining the Maximum Sales Price, the Owner may add the following amounts: i. The cost of permitted capital improvements as set forth in the most current ACHP. ii. The cost of any permanent improvements constructed or installed as a result of any requirement imposed by any government agency or special assessment by a homeowner’s association for such permanent improvements, provided that written certification is provided to the Town. C. Real estate sales fees as identified in the most current ACHP. Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE TOWN THAT ON RESALE THE OWNER SHALL OBTAIN A PARTICULAR PRICE INCLUDING BUT NOT LIMITED TO THE MAXIMUM SALES PRICE. 6. Default by Owner. Owner shall be responsible for compliance with all terms of this Deed Restriction, including occupancy and use of the Subject Property and limitations on owning other real estate. Any non-compliance with the terms of this Deed Restriction or breach of any covenant(s) set forth in this Deed Restriction, including non-compliance of use and occupancy of the Subject Property and limitations on owning other real estate, shall be deemed to be a Default by Owner, whether such non-compliance is a result of direct actions of the Owner of such non- compliance occurs during ownership. 7. Inspection. If the Town has reasonable cause to believe that the occupancy or use of the Property does not comply with any provision(s) of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants a Notice to Inspect with at least twenty four (24) hours written notice. Notice of Inspection may be given by posting notice on the door to the residence on the Property. The Notice of Inspection shall generally describe the suspected non-compliance with this Deed Restriction and shall reference the Town’s right to inspect set forth in this Deed Restriction. The Town shall have permission to enter the Property during such times upon providing a Notice of Inspection without further consent. 8. Notice and Cure. In the event of a Default by Owner of this Deed Restriction, the following procedures shall apply. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 8 of 23 A. Notice of Default. The Town shall send a written Notice of Default to the Owner detailing the nature of the default. Notice may be mailed, posted on the front door of the Property, or sent electronically. The Notice of Default shall (i) state the terms of this Deed Restriction, EHOP Guidelines or ACHP for which the Owner has defaulted; (ii) state the period for the Cure; (iii) references the potential remedies in this Deed Restriction; and (iv) state the procedures for administrative appeal of the Notice of Default. B. Period for Cure. The Period for Cure shall generally be thirty (30) days, provided that a default by Owner for lease or use of the Property as a Short Term Rental, non- primary residence or Second Home shall be cured by the Owner immediately. The Town may provide a longer period for Cure upon written agreement with the Owner, when the nature of the default will take longer than thirty (30) days to cure and the Owner is actively cooperating with the Town and making all reasonable efforts to effect the cure. C. Administrative Appeal. Owner has the right to request an administrative appeal of a Notice of Default. A request for an administrative appeal must be filed within ten (10) days of receiving a written Notice of Default. The Town shall conduct an administrative appeal hearing in accordance with procedures and requirements set forth in the ACHP. D. Default. If an administrative appeal request is not tiemly and properly submitted in writing and the default is not cured withing the stated Period for Cure in the Notice of Default, the Owner shall be deemed to be in Default of this Deed Restriction. E. Court Review. An administrative appeal decision shall be the final decision for the purpose of determining if a default has occurred. The date of the final decision shall be the date that a written decision of the administrative appeal is executed and provided to the Owner (as appellant). A final decision from an administrative appeal hearing may be judicially appealed, in the District Court of Eagle county pursuant to C.R.C.P. 106. 9. Remedies. The Town has the right to the following remedies. A. Law and Equity. This Deed Restriction is enforceable by the Town, and their respective successors and assigns, as applicable, or as their designee, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction. The remedies provided herein are cumulative and not exclusive of all other remedies provided by law and/or equity. In the event of violation, non- performance, default or breach of any term of this Deed Restriction by the Owner, the Town shall have the right to enforce Owner’s obligations herein by an action for TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 9 of 23 any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. B. Interest on Amounts Due. Any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. C. Recovery of Costs to Enforce. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. D. Lien. The Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, §31-20-105, as amended from time to time, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. E. Joint and Several Liability. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. F. Recovery of Wrongful Gains. In the event of any lease of the Property to a person who is not an Eligible Househould/Eagle County Employee, as defined in the ACHP, or use of the Property as a Short Term Rental, non-primary residence or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 10. Liquidated Damages. The Parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of Three Hundred Dollars ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 8 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home, non-primary-residence or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a thirty (30) day period to cure, and TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 10 of 23 such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 11. Foreclosure. A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, and subject to the issuance of a public trustee’s deed to the holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the older, the Town or its assigns shall have the option to purchase the Property as provided in the Option to Purchase, in a form similar to EXHIBIT B: Option to Purchase, attached hereto and incorporated herein. B. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on the Property, only a Town of Avon Employee Household may acquire an interest in the Property at a foreclosure sale or in lieu of foreclosure. C. Notwithstanding the foregoing, in the event of foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, if the holder of such deed of trust is the grantee under the public trustee’s deed or deed in lieu of foreclosure and the Town does not exercise its Option to Purchase as provided in Section 11.A, then the Town agrees to release the Property from the requirements of this Deed Restriction. D. It is specifically agreed that nothing contained herein shall require the Town to release and waive its ability to enforce this Deed Restriction in the event of a foreclosure of a lien secured in second or subsequent position. E. If the Town or its assigns exercises the Option to Purchase described in this Section 11, and acquires title to the Property, the Town or its assigns may sell the Property to a Town of Avon Employee Household or an Eligible Household or rent the Property to qualified tenants who meet the income, occupancy, and all other qualifications, established by the EHOP Guidelines and/or the ACHP, until such time that the Property can be sold to a Town of Avon Employee Household or an Eligible Household, or may elect to release and terminate this Deed Restriction, at Town’s sole discretion. F. All obligations recorded of record against the Property and subsequent to this Agreement shall be subordinate to terms hereof. 12. Deed Restriction Runs with the Land. This Deed Restriction and the terms, covenants, conditions and other provisions hereof shall constitute covenants running with title to the Property for the benefit of, and enforceable by the Town and its successors and assigns and this Deed Restriction shall bind the Property, the Owner and all subsequent owners, occupants, successors TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 11 of 23 and assigns. Each and every lease and each and every contract, deed or other instrument hereafter executed conveying the Property or any portion thereof shall expressly provide that such lease or conveyance is subject to this Deed Restriction; provided, however, that the covenants, conditions and restrictions contained herein shall survive and be effective as to lessees and successors and/or assigns of all or any portion of the Property, regardless of whether such lease, contract, deed or other instrument hereafter executed leasing or conveying the Property or any portion thereof provides that such lease or conveyance is subject to this Deed Restriction. Each subsequent owner(s), occupant(s) and Eligible Household(s), upon acceptance of a deed or lease of the Property, shall be personally obligated hereunder for the full and complete performance and observance of all covenants, conditions, and restrictions contained herein during an owner’s period of ownership or Eligible Household’s occupancy. 13. General Provisions. A. Disputes. The exclusive forum for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. B. Venue. The exclusive venue for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. C. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. D. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. E. Modifications: The Owner and Town of Avon agree that any modifications of this Deed Restriction shall be effective only when made by writings signed by the Owner and the Town of Avon and recorded with the Clerk and Recorder of Eagle County, Colorado. F. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. G. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 12 of 23 H. Assignment. The Town may in its sole discretion assign the benefits and delegate the responsibilities of this Deed Restriction to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. I. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. J. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be in a joint venture with Owner, and the Town shall never be liable or responsible for any debt or obligation of Owner. K. Governmental Immunity. The town and its officers, attorneys, and employees, are relying on, and do not waive or intend to waive any provision of this Deed Restriction, the monetary limitations or any rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. SS 24-10-101, et seq., as amended, or otherwise available to the Town or its officers, attorneys, or employees. L. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. M. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The Deed Restriction shall be a burden upon and run with the Property for the benefit of the Town or the Town’s assigns, who may enforce the Deed Restriction s and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. N. Recording. The Town shall record this Deed Restriction in the real property records of Eagle County, Colorado at the Owner’s expense. O. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. P. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 13 of 23 Q. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. R. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. S. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Said notices, consents and approvals shall be sent to the following address unless otherwise notified in writing: To Town of Avon: P.O. Box 975 100 Mikaela Way Avon, CO 81620 To Owner: _______________________ _______________________ _______________________ With a copy to: the address provided by the Eagle County Assessor’s office. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 14 of 23 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. ____________________________________ Notary Public TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 15 of 23 TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 16 of 23 EXHIBIT A [Insert Property Legal Description] TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 17 of 23 EXHIBIT B OPTION TO PURCHASE In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust (“Holder”) on the on the real property known as [Legal Description] ___________________________, (the “Property”), and subject to the issuance of a public trustee’s deed to the Holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the Holder, the Town or its assigns shall have the option to purchase the Property, which shall be exercised in the following manner: 1. Notice of Foreclosure Proceedings: The Holder shall give such notice to the Town of intent to foreclose at least sixty days prior to commencing foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Town of Avon Town of Avon C/O Town Manager C/O Town Attorney PO Box 975 PO Box 975 Avon, CO 81620 Avon, CO 81620 2. Option to Purchase: The Town or its assigns shall have sixty (60) days after issuance of the public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to Purchase. In the event of a deed in lieu of foreclosure, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, an amount equal to the amount due on the note and any additional reasonable costs incurred by the Holder during the option period. In the event of foreclosure and issuance of a public trustee's deed, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the Holder during the option period which are directly related to the foreclosure. 3. Title: Upon receipt of the option price, the Holder shall deliver to the Town or its assignee a special warranty deed, conveying the Property to the Town or its assignee. The Holder shall convey only such title as it received through the public trustee's deed or deed in lieu of foreclosure and shall not create or participate in the creation of any additional liens or encumbrances against the Property following issuance of the public trustees' deed to the Holder. The Holder shall not be liable for any of the costs of TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 18 of 23 conveyance to the Town or its assignee. 4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the Holder; the Town or its assigns shall have sixty (60) days in which to exercise the Option to Purchase as set forth herein by notifying the Holder in writing of its intent to exercise the option. In the event that the Town or its assigns does not notify the Holder in writing of its intent to exercise the Option to Purchase as set forth herein, the Town’s Option to Purchase and the Town of Avon’s Community Housing Price Capped Deed Restriction recorded at Reception Number ____________________in the records of the Clerk and Recorder of Eagle County, Colorado shall be automatically released only with respect to the Property which is the subject of foreclosure as of the thirty-first day after the issuance of such public trustee's deed or deed in lieu of foreclosure. The Holder shall not be required to take any affirmative action to obtain such release. It is the intent of the Town that the Option to Purchase and the referenced Deed Restriction Agreement be terminated automatically upon the failure of the Town or its assigns to provide written notice of its intent to exercise its Option to Purchase to the Holder, whether such failure is intentional or unintentional, and that such termination will be effected without the necessity of any affirmative action on the part of the Holder and without the necessity of filing a release of such Deed Restriction Agreement or option of public record. It is agreed that this Section 4 shall not result in a release of the Deed Restriction Agreement from any other property which is not the subject of foreclosure, and nothing contained herein shall require the Town to release and waive its ability to enforce the Deed Restriction Agreement in the event of foreclosure of a lien secured in second or subsequent position. 5. Successors and Assigns: The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town 6. Modification: The parties hereto agree that any modifications to this Option to Purchase shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 19 of 23 IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the ___ day of ______________, 2024. OWNER: By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ____ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. ____________________________________ Notary Public TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 20 of 23 TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 21 of 23 EXHIBIT C ACKNOWLEDGEMENT OF THE TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION WHEREAS, [Buyer Name]____________________________ (the “Buyer”) is purchasing from [Seller Name]______________________ (the “Seller”) at a price of $[purchase price amount]________________________, the real property and improvements located in [Address & Neighborhood] ___________________________ more particularly described as: [Legal Description]___________________________, according to the plat recorded under Reception No. ________________________, in the real property records of Eagle County of Eagle, Colorado (the “Subject Property”); and WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found in that certain instrument entitled “TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION”, recorded on _________________, 20__, under Reception No. _______________, in the real property records of Eagle County, Colorado (the “Deed Restriction”). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A. NOW, THEREFORE, as an inducement to the Seller to sell the Property, the Buyer: 1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the opportunity to consult with legal and financial counsel concerning the Deed Restriction and fully understands the terms, conditions, provisions, and restrictions contained in the Deed Restriction, and agrees to abide by the Deed Restriction. 2. Buyer acknowledges that the Deed Restriction imposes a future sale to an Eligible Household at no greater than the Maximum Sales Price exclusively on the sale or conveyance of the Subject Property. 3. I/we acknowledge that no sales/purchases are exempt from the requirement that the Property be occupied by an Eligible Household in accordance with the Deed Restriction. All future buyers shall complete an application for approval of Eligible Household status with the Town of Avon or its designee. Current and future buyers agree that (i) the Owner or lessee qualifies as an Eligible Household; (ii) the Owner uses the Property as its Primary Residence; and (iii) the Owner is in compliance with the terms and conditions of this Deed TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 22 of 23 Restriction. 4. Notice to Buyer, pursuant to Section 12 of the Deed Restriction, should be sent to: _________________________________ _________________________________ _________________________________ 5. I/we direct that this acknowledgement be placed of record in the real estate records of Eagle County of Eagle, Colorado and a copy provided to Town of Avon. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the ______________day of _______________, 20___. BUYER(S): ________________________________ ________________________________ Printed Name ________________________________ ________________________________ Printed Name STATE OF ________________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ________ day of ____________________, by ________________________________________________. Witness my hand and official seal. _________________________________ Notary Public TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 23 of 23 EXHIBIT A DEED RESTRICTION TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 1 of 23 PRICE CAPPED DEED RESTRICTION THIS TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION (“Deed Restriction”) is entered into on __________________ 20____ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality, with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and __________________________ [hereinafter known as “Owner”], (each individually a “Party” and collectively the “Parties”). WHEREAS, Owner owns the real property and the improvements situated thereon, located at _______________________, Avon, Colorado 81620, and more particularly described in Exhibit A hereto (“Property”); and WHEREAS, the Property was originally purchased on __ day of ________ ___, and subject to The Town of Avon’s Occupancy and Resale Deed Restriction, Agreement, and Covenant recorded on ___ day of ________ with Eagle County Clerk and Recorder; and WHEREAS, with voluntary agreement by the Owner, the Town has agreed to replace the Town of Avon’s Occupancy and Resale Deed Restriction, Agreement, and Covenant with this Deed Restriction, WHEREAS, the Town has agreed to place certain restrictions on the ownership and resale of the Property for the benefit of the Town by requiring ownership and resale of the Property as set forth in this Deed Restriction and Avon Community Housing Policies (“ACHP”); and WHEREAS, the Town declares that the restrictive covenants set forth in this Deed Restriction are covenants running with the land and are binding upon all owners of the Property; and WHEREAS, the Town has authority as a home rule municipality to enter into the Deed Restriction and to exercise all rights, remedies and administrative oversight in this Deed Restriction. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1.Property Subject to Deed Restriction. The Property, as more particularly described in Exhibit A hereto, is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The ownership, use and sale of the Property shall be restricted as specified in this ATTACHMENT B TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 2 of 23 Deed Restriction. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: A. “Annual Compliance Recertification” means an annual recertification under oath by the Owner to the Town stating the Property has maintained occupancy by an Eligible Household in accordance with this Deed Restriction and the ACHP, and any other deed restriction monitoring or certifications required by the Town from time to time. B. “Avon Community Housing Policies” or “ACHP” means the Avon Community Housing Policies, as may be amended from time to time. which may include similar housing policies of another local or regional government housing authority serving the Avon community in the event that this Deed Restriction is assigned by Avon to such housing authority, and as they may be amended from time to time. C. “Eligible Household” means Households that (i) will use the Property as their Primary Residence, (ii) meet the employment qualification criteria below, and (iii) comply with the restriction on owning other real estate ownership below. Each of the criteria are further defined below: i. Employment Qualification: At least one primary member of the Household must meet one or more of the following criteria: (1) an employee working a total average of at least thirty (30) hours per week on an annual basis for a business(es) or employer(s) located within Eagle County; or (2) earns seventy -five percent (75%) or more of his or her income and earnings at a business(es) or employer(s) located within Eagle County, as documented with the United States Internal Revenue Service; or (3) has a qualified employment contract, that has been accepted by the Town, with an employer(s) within Eagle County on a permanent basis to work at least an average of thirty (30) hours per week on an annual basis, or (4) Employment qualifications may include classifications of workers (i.e. retirees, disabled, remote workers) in accordance with the Avon Community Housing Policies, as may be amended from time to time, and as approved by the Town. ii. Primary Residence. The Property will be used as the sole and exclusive place of residence as defined herein. iii. Restriction on Owning Other Real Estate: TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 3 of 23 (1) As of the date of purchase of the Property, during ownership of the Property and during any period of time the Property is occupied by an Eligible Household, no member of such Eligible Household, including, but not limited to, spouses and children under 18 years of age, may own any interest, alone or in conjunction with others, anywhere in any improved residential real propert y(ies). (2) A member of an Eligible Household that owns commercial property for business use or vacant land may request an exemption from this requirement, which may be granted at the sole written discretion of the Town or its assign. (3) Real estate that is owned by a prospective or current Eligible Household shall not be deeded to a corporation or other person or entity except for a fair market value, nor shall real estate be deeded to a corporation or other legal entity in which any Household member has any financial interest in order to meet the requirements in this subsection. iv. Title of the Property shall be held in the name of the natural person(s) who are members of the Eligible Household and who qualifies under criteria above. For example, title may be held jointly in the name of spouses who are members of an Eligible Household. (1) Notwithstanding the foregoing, an Eligible Household may seek a variance to allow title of the Property to be held in trust for the benefit of a natural person who also meets the definition and qualifications of an Eligible Household, as stated herein in Section 2.B. Such ownership in trust may only occur in the circumstances provided herein and at the sole written discretion of the Town, or its assign. To request a variance, the applicant shall submit a letter to the Town, or its assign, requesting a special review and a determination that title of the Property may be held in trust as set forth herein. (2) To be eligible for a variance, the following conditions must be met: (i) The beneficiary of the trust may not own other real property; and (ii) The beneficiary of the trust must be of the age of majority to qualify for this variance. (3) Upon receipt of a request for a special review for a variance and any requested information and documentation, the Town, or its assign, may grant the request, in writing, with or without conditions. D. “Household” means all individual(s) who will occupy the Property regardless of legal status or relation to the owner or lessee. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 4 of 23 E. “Initial Sales Price” means the maximum price for which a Price Capped For- Sale Housing unit may be initially sold. It also refers to the amount paid by an Owner in a subsequent sale. F. “Maximum Sales Price” means the maximum amount an owner can sell the Community Housing Unit. G. “Owner” means the owner of fee simple title to the Property, as well as its owner’s agents, successors and assigns, buyers, heirs, devisees, transferees, grantees, owners or holder of title to the Property of record of the Community Housing Unit, according to the Clerk and Recorder of Eagle County, during their period of ownership interest. H. “Price Capped Community Housing” is subject to a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence and sold subject to the Maximum Resale Price, as those terms are defined herein. I. “Primary Residence” A Property is the Primary Residence of an Eligible Household as long as one or more members of the Eligible Household lives on the Property for at least 9 months in a calendar year. Determination of Eagle County primary residency status shall be based on criteria the Town deems reasonably necessary to make a determination, including but not limited to, voter registration, place of vehicle registration, and/or state issued identification. J. “Qualified Employer” means an individual or entity that regularly conducts business in Eagle County, is based in Eagle County, and is registered in Eagle County, if applicable. Qualified Employers may hold title to the Property and lease to their employees who are also members of Eligible Households. Qualified Employers may not impose restrictions upon the Property in addition to the terms of this Deed Restriction without prior written consent of the Town. K. “Short Term Rental” An Owner or non-Owner providing compensation to lodge in the Property for periods of less than thirty (30) days. Owner shall not advertise any part of the Property for short term lease on an open, public forum such as Airbnb, VRBO, Homeaway or equivalent. L. “Town” shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 5 of 23 3. Ownership, Occupancy and Use Restrictions: A. The ownership, use and occupancy of the Property is restricted as follows: (i) the Property shall be owned and occupied by an Owner who either qualifies as an Eligible Household or is a Qualified Employer who leases the Property to their employee(s), who is/are Eligible Household(s), as defined within Section 2 of this Deed Restriction; (ii) the Qualified Employer lessee own no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and (iii) the Owner or Qualified Employer lessee uses the Property as its Primary Residence, as defined within Section 2 of this Deed Restriction. B. The Property may not be sold or otherwise transferred to any person other than an Eligible Household in accordance with the procedures for prior verification contained in Section 4 below and pursuant to all provisions within this Deed Restriction. It is understood and agreed by the parties that notwithstanding the foregoing, title to the Property may be held from time to time by the Town in the event of a foreclosure or as permitted by this Agreement or the ACHP. Further, it is understood and agreed to by the parties that notwithstanding the foregoing, the Property may be held from time to time by certain employers, districts or governmental entities which qualify as a Qualified Employer, as that term is defined in Section 2.G above. C. Owner is subject to Annual Compliance Recertification confirming and verifying the Owner’s continued eligibility as an Eligible Household and its compliance with this Agreement. To confirm such eligibility, the Owner of the Property shall submit the following information to the Town: (i) a verification that the Owner continues to meet the requirements of an Eligible Household who uses the Property as its Primary Residence; and (ii) a statement that the Owner owns no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 2 above, and other documentation that be required by the Town and the ACHP, as may be amended from time to time. D. An Owner must not engage in any business activity on or in such Property, other than as permitted within the zone district applicable to the Property. E. The Short Term Rental, or the advertising of a short term rental, of all or any portion of the Property is prohibited. F. An Owner of the Property may not permit any use or occupancy of the Property except in compliance with this Agreement. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 6 of 23 G. Owner, other than a Qualified Employer, may not, except with prior written approval of the Town and subject to the most current ACHP and the provisions of this Deed Restriction, rent the Property for any period of time. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction and ACHP, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eligible Household and Primary Residence status, as defined in Section 2. H. Any subsequent Owner of the Property must execute an Acknowledgement of Deed Restriction Agreement for Price Capped For Sale Housing, in the form, or similar form provided by the Town, set forth in Exhibit C , and attached hereto and incorporated herein by this reference. The failure to execute such docuent shall not extinguish the legal force and effect of this Deed Restriciton on all current and subsequent Owners. I. All sales of the Property shall be subject to the Maximum Sales Price as calculated in Section 5 below. 4. Resale Restrictions: The Property may not be sold or otherwise transferred to any person other than an Eligible Household and subject to the calculation of the Maximum Sales Price in accordance with Section 5 and the provisions of this Deed Restriction. A. In the event that an Owner desires to sell the Property, the sale or transfer of the Property shall be executed by the Town or its assigns in accordance with the most current ACHP procedures. B. Upon sale and conveyance of the Property by Owner to a buyer, the buyer shall be subject to the same occupancy and use requirements set forth in this Deed Restriction and the most recent version of the ACHP. 5. Maximum Sale Price: In no event shall the Property be sold for an amount in excess of the Initial Sales Price plus the applicable percentage of appreciation per year, and as provided below. A. Appreciation shall be three percent (3%), compounded annually. i. In the event an Owner owns a Subject Property for only a portion of any year, the percentage increase shall be prorated monthly, from purchase date, and the Owner shall be given credit through the month in which the property is listed for sale. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 7 of 23 B. Permitted Capital Improvements shall not increase the Owner’s Initial Sales Price. For the purpose of determining the Maximum Sales Price, the Owner may add the following amounts: i. The cost of permitted capital improvements as set forth in the most current ACHP. ii. The cost of any permanent improvements constructed or installed as a result of any requirement imposed by any government agency or special assessment by a homeowner’s association for such permanent improvements, provided that written certification is provided to the Town. C. Real estate sales fees as identified in the most current ACHP. Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE TOWN THAT ON RESALE THE OWNER SHALL OBTAIN A PARTICULAR PRICE INCLUDING BUT NOT LIMITED TO THE MAXIMUM SALES PRICE. 6. Default by Owner. Owner shall be responsible for compliance with all terms of this Deed Restriction, including occupancy and use of the Subject Property and limitations on owning other real estate. Any non-compliance with the terms of this Deed Restriction or breach of any covenant(s) set forth in this Deed Restriction, including non-compliance of use and occupancy of the Subject Property and limitations on owning other real estate, shall be deemed to be a Default by Owner, whether such non-compliance is a result of direct actions of the Owner of such non- compliance occurs during ownership. 7. Inspection. If the Town has reasonable cause to believe that the occupancy or use of the Property does not comply with any provision(s) of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants a Notice to Inspect with at least twenty four (24) hours written notice. Notice of Inspection may be given by posting notice on the door to the residence on the Property. The Notice of Inspection shall generally describe the suspected non-compliance with this Deed Restriction and shall reference the Town’s right to inspect set forth in this Deed Restriction. The Town shall have permission to enter the Property during such times upon providing a Notice of Inspection without further consent. 8. Notice and Cure. In the event of a Default by Owner of this Deed Restriction, the following procedures shall apply. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 8 of 23 A. Notice of Default. The Town shall send a written Notice of Default to the Owner detailing the nature of the default. Notice may be mailed, posted on the front door of the Property, or sent electronically. The Notice of Default shall (i) state the terms of this Deed Restriction, EHOP Guidelines or ACHP for which the Owner has defaulted; (ii) state the period for the Cure; (iii) references the potential remedies in this Deed Restriction; and (iv) state the procedures for administrative appeal of the Notice of Default. B. Period for Cure. The Period for Cure shall generally be thirty (30) days, provided that a default by Owner for lease or use of the Property as a Short Term Rental, non- primary residence or Second Home shall be cured by the Owner immediately. The Town may provide a longer period for Cure upon written agreement with the Owner, when the nature of the default will take longer than thirty (30) days to cure and the Owner is actively cooperating with the Town and making all reasonable efforts to effect the cure. C. Administrative Appeal. Owner has the right to request an administrative appeal of a Notice of Default. A request for an administrative appeal must be filed within ten (10) days of receiving a written Notice of Default. The Town shall conduct an administrative appeal hearing in accordance with procedures and requirements set forth in the ACHP. D. Default. If an administrative appeal request is not tiemly and properly submitted in writing and the default is not cured withing the stated Period for Cure in the Notice of Default, the Owner shall be deemed to be in Default of this Deed Restriction. E. Court Review. An administrative appeal decision shall be the final decision for the purpose of determining if a default has occurred. The date of the final decision shall be the date that a written decision of the administrative appeal is executed and provided to the Owner (as appellant). A final decision from an administrative appeal hearing may be judicially appealed, in the District Court of Eagle county pursuant to C.R.C.P. 106. 9. Remedies. The Town has the right to the following remedies. A. Law and Equity. This Deed Restriction is enforceable by the Town, and their respective successors and assigns, as applicable, or as their designee, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction. The remedies provided herein are cumulative and not exclusive of all other remedies provided by law and/or equity. In the event of violation, non- performance, default or breach of any term of this Deed Restriction by the Owner, the Town shall have the right to enforce Owner’s obligations herein by an action for TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 9 of 23 any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. B. Interest on Amounts Due. Any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. C. Recovery of Costs to Enforce. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. D. Lien. The Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, §31-20-105, as amended from time to time, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. E. Joint and Several Liability. In the event of a transfer or conveyance of the Property that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. F. Recovery of Wrongful Gains. In the event of any lease of the Property to a person who is not an Eligible Househould/Eagle County Employee, as defined in the ACHP, or use of the Property as a Short Term Rental, non-primary residence or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 10. Liquidated Damages. The Parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of Three Hundred Dollars ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 8 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home, non-primary-residence or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a thirty (30) day period to cure, and TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 10 of 23 such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 11. Foreclosure. A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, and subject to the issuance of a public trustee’s deed to the holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the older, the Town or its assigns shall have the option to purchase the Property as provided in the Option to Purchase, in a form similar to EXHIBIT B: Option to Purchase, attached hereto and incorporated herein. B. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on the Property, only a Town of Avon Employee Household may acquire an interest in the Property at a foreclosure sale or in lieu of foreclosure. C. Notwithstanding the foregoing, in the event of foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Property, if the holder of such deed of trust is the grantee under the public trustee’s deed or deed in lieu of foreclosure and the Town does not exercise its Option to Purchase as provided in Section 11.A, then the Town agrees to release the Property from the requirements of this Deed Restriction. D. It is specifically agreed that nothing contained herein shall require the Town to release and waive its ability to enforce this Deed Restriction in the event of a foreclosure of a lien secured in second or subsequent position. E. If the Town or its assigns exercises the Option to Purchase described in this Section 11, and acquires title to the Property, the Town or its assigns may sell the Property to a Town of Avon Employee Household or an Eligible Household or rent the Property to qualified tenants who meet the income, occupancy, and all other qualifications, established by the EHOP Guidelines and/or the ACHP, until such time that the Property can be sold to a Town of Avon Employee Household or an Eligible Household, or may elect to release and terminate this Deed Restriction, at Town’s sole discretion. F. All obligations recorded of record against the Property and subsequent to this Agreement shall be subordinate to terms hereof. 12. Deed Restriction Runs with the Land. This Deed Restriction and the terms, covenants, conditions and other provisions hereof shall constitute covenants running with title to the Property for the benefit of, and enforceable by the Town and its successors and assigns and this Deed Restriction shall bind the Property, the Owner and all subsequent owners, occupants, successors TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 11 of 23 and assigns. Each and every lease and each and every contract, deed or other instrument hereafter executed conveying the Property or any portion thereof shall expressly provide that such lease or conveyance is subject to this Deed Restriction; provided, however, that the covenants, conditions and restrictions contained herein shall survive and be effective as to lessees and successors and/or assigns of all or any portion of the Property, regardless of whether such lease, contract, deed or other instrument hereafter executed leasing or conveying the Property or any portion thereof provides that such lease or conveyance is subject to this Deed Restriction. Each subsequent owner(s), occupant(s) and Eligible Household(s), upon acceptance of a deed or lease of the Property, shall be personally obligated hereunder for the full and complete performance and observance of all covenants, conditions, and restrictions contained herein during an owner’s period of ownership or Eligible Household’s occupancy. 13. General Provisions. A. Disputes. The exclusive forum for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. B. Venue. The exclusive venue for any dispute arising from or relating to the Deed Restriction shall be the Eagle County District Court. C. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. D. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. E. Modifications: The Owner and Town of Avon agree that any modifications of this Deed Restriction shall be effective only when made by writings signed by the Owner and the Town of Avon and recorded with the Clerk and Recorder of Eagle County, Colorado. F. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. G. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 12 of 23 H. Assignment. The Town may in its sole discretion assign the benefits and delegate the responsibilities of this Deed Restriction to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. I. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. J. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be in a joint venture with Owner, and the Town shall never be liable or responsible for any debt or obligation of Owner. K. Governmental Immunity. The town and its officers, attorneys, and employees, are relying on, and do not waive or intend to waive any provision of this Deed Restriction, the monetary limitations or any rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. SS 24-10-101, et seq., as amended, or otherwise available to the Town or its officers, attorneys, or employees. L. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. M. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The Deed Restriction shall be a burden upon and run with the Property for the benefit of the Town or the Town’s assigns, who may enforce the Deed Restriction s and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. N. Recording. The Town shall record this Deed Restriction in the real property records of Eagle County, Colorado at the Owner’s expense. O. Personal Liability. By taking title to the Property, the Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Deed Restriction. P. Further Actions. Any Owner of the Property and the Town agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Deed Restriction or any agreement or document relating hereto or entered into in connection herewith. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 13 of 23 Q. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. R. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. S. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Said notices, consents and approvals shall be sent to the following address unless otherwise notified in writing: To Town of Avon: P.O. Box 975 100 Mikaela Way Avon, CO 81620 To Owner: _______________________ _______________________ _______________________ With a copy to: the address provided by the Eagle County Assessor’s office. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 14 of 23 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. ____________________________________ Notary Public TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 15 of 23 TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 16 of 23 EXHIBIT A [Insert Property Legal Description] TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 17 of 23 EXHIBIT B OPTION TO PURCHASE In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust (“Holder”) on the on the real property known as [Legal Description] ___________________________, (the “Property”), and subject to the issuance of a public trustee’s deed to the Holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the Holder, the Town or its assigns shall have the option to purchase the Property, which shall be exercised in the following manner: 1. Notice of Foreclosure Proceedings: The Holder shall give such notice to the Town of intent to foreclose at least sixty days prior to commencing foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Town of Avon Town of Avon C/O Town Manager C/O Town Attorney PO Box 975 PO Box 975 Avon, CO 81620 Avon, CO 81620 2. Option to Purchase: The Town or its assigns shall have sixty (60) days after issuance of the public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to Purchase. In the event of a deed in lieu of foreclosure, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, an amount equal to the amount due on the note and any additional reasonable costs incurred by the Holder during the option period. In the event of foreclosure and issuance of a public trustee's deed, the Town may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the Holder during the option period which are directly related to the foreclosure. 3. Title: Upon receipt of the option price, the Holder shall deliver to the Town or its assignee a special warranty deed, conveying the Property to the Town or its assignee. The Holder shall convey only such title as it received through the public trustee's deed or deed in lieu of foreclosure and shall not create or participate in the creation of any additional liens or encumbrances against the Property following issuance of the public trustees' deed to the Holder. The Holder shall not be liable for any of the costs of TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 18 of 23 conveyance to the Town or its assignee. 4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the Holder; the Town or its assigns shall have sixty (60) days in which to exercise the Option to Purchase as set forth herein by notifying the Holder in writing of its intent to exercise the option. In the event that the Town or its assigns does not notify the Holder in writing of its intent to exercise the Option to Purchase as set forth herein, the Town’s Option to Purchase and the Town of Avon’s Community Housing Price Capped Deed Restriction recorded at Reception Number ____________________in the records of the Clerk and Recorder of Eagle County, Colorado shall be automatically released only with respect to the Property which is the subject of foreclosure as of the thirty-first day after the issuance of such public trustee's deed or deed in lieu of foreclosure. The Holder shall not be required to take any affirmative action to obtain such release. It is the intent of the Town that the Option to Purchase and the referenced Deed Restriction Agreement be terminated automatically upon the failure of the Town or its assigns to provide written notice of its intent to exercise its Option to Purchase to the Holder, whether such failure is intentional or unintentional, and that such termination will be effected without the necessity of any affirmative action on the part of the Holder and without the necessity of filing a release of such Deed Restriction Agreement or option of public record. It is agreed that this Section 4 shall not result in a release of the Deed Restriction Agreement from any other property which is not the subject of foreclosure, and nothing contained herein shall require the Town to release and waive its ability to enforce the Deed Restriction Agreement in the event of foreclosure of a lien secured in second or subsequent position. 5. Successors and Assigns: The provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Property, and the Town 6. Modification: The parties hereto agree that any modifications to this Option to Purchase shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 19 of 23 IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the ___ day of ______________, 2024. OWNER: By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ____ day of __________________, 20____, by _____________________, as the owner of the real property described above. Witness my hand and official seal. ____________________________________ Notary Public TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 20 of 23 TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Ineke de Jong, Chief Administrative Officer TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 21 of 23 EXHIBIT C ACKNOWLEDGEMENT OF THE TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION WHEREAS, [Buyer Name]____________________________ (the “Buyer”) is purchasing from [Seller Name]______________________ (the “Seller”) at a price of $[purchase price amount]________________________, the real property and improvements located in [Address & Neighborhood] ___________________________ more particularly described as: [Legal Description]___________________________, according to the plat recorded under Reception No. ________________________, in the real property records of Eagle County of Eagle, Colorado (the “Subject Property”); and WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found in that certain instrument entitled “TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION”, recorded on _________________, 20__, under Reception No. _______________, in the real property records of Eagle County, Colorado (the “Deed Restriction”). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A. NOW, THEREFORE, as an inducement to the Seller to sell the Property, the Buyer: 1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the opportunity to consult with legal and financial counsel concerning the Deed Restriction and fully understands the terms, conditions, provisions, and restrictions contained in the Deed Restriction, and agrees to abide by the Deed Restriction. 2. Buyer acknowledges that the Deed Restriction imposes a future sale to an Eligible Household at no greater than the Maximum Sales Price exclusively on the sale or conveyance of the Subject Property. 3. I/we acknowledge that no sales/purchases are exempt from the requirement that the Property be occupied by an Eligible Household in accordance with the Deed Restriction. All future buyers shall complete an application for approval of Eligible Household status with the Town of Avon or its designee. Current and future buyers agree that (i) the Owner or lessee qualifies as an Eligible Household; (ii) the Owner uses the Property as its Primary Residence; and (iii) the Owner is in compliance with the terms and conditions of this Deed TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 22 of 23 Restriction. 4. Notice to Buyer, pursuant to Section 12 of the Deed Restriction, should be sent to: _________________________________ _________________________________ _________________________________ 5. I/we direct that this acknowledgement be placed of record in the real estate records of Eagle County of Eagle, Colorado and a copy provided to Town of Avon. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the ______________day of _______________, 20___. BUYER(S): ________________________________ ________________________________ Printed Name ________________________________ ________________________________ Printed Name STATE OF ________________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ________ day of ____________________, by ________________________________________________. Witness my hand and official seal. _________________________________ Notary Public TOWN OF AVON COMMUNITY HOUSING PRICE CAPPED DEED RESTRICTION Price Capped Community Housing Deed Restriction Page 23 of 23 EXHIBIT A DEED RESTRICTION 970-748-4088 predmond@avon.org TO: Honorable Mayor Phillips and Council members FROM: Paul Redmond, Chief Finance Officer RE: 2024 Supplemental Budget Amendment, Resolution 24-26 DATE: September 16, 2024 SUMMARY: This report presents the second supplemental budget amendment for 2024. The Town of Avon’s financial practice is to consider amendments to the 2024 Budget to update beginning fund balance estimates and generally recognize revisions to the Budget that were not identified at the time the Budget was originally adopted. Resolution 24-26 amends the General Fund, Community Housing Fund, Water Fund, Mobility Fund, Fleet Maintenance Fund, Equipment Replacement Fund and Capital Projects Fund. FINANCIAL CONSIDERATIONS: Below is a summary of the proposed budget revisions and the estimated impacts to fund balances. General Fund: A total increase of $165,356 is proposed to the General Fund to implement pending programs, respond to changing circumstances and include expenditures which were not identified and included during the 2024 Budget process last fall. Several expenses include grant funding in the total amount of $18,573 ($8,800 + $7,023 + $2,750), reducing the net total expenditure increase to $146,783. The following are proposed revisions to expenditure appropriations in the General Fund: 1. Holiday Party for Citizen Committees: Increase of $7,500 to host a holiday dinner for the Planning and Zoning Commission, Avon Downtown Development Authority and 3 Citizen Committees. 2. Employee Recognition: Increase of $14,600 to adjust years of service expenses to align with new annual payouts ($100/year). These awards are given in 5 year increments. 3. Human Resource Part-Time Wages: Increase of $6,000 to assist in Human Resource administration from September to December. 4. Colorado Communities for Climate Action: Budget increases of $1,500 for sponsorship of the Colorado Communities for Climate Action retreat. 5. Birds of Prey 2024: Increase of $32,000 for supporting the Vail Valley Foundation and Birds of Prey 2024 second weekend to host the Women’s races. The additional sponsorship is expected to be the same as the Men’s weekend. The addition of the Women’s weekend will bring the total sponsorship for the Birds of Prey to $72,000. 6. Training Supplies: The Town received a $8,800 grant from Post I-70 to purchase Krav Mats for training. The $8,800 grant increases grant revenues as well as the training supplies expense. 7. Childcare Sustainability Grant: Increase of $7,023 as the Town received the Childcare Sustainability Grant in April of 2024. The Grant money has been allocated to three different accounts with the Youth Program Division. The increase of $7,023 increases grant revenue and the individual expense line items. 8. Detective Professional Development: Increase of $2,750 to send to Detectives to Homicide School. An I-70 Post Grant was awarded in the amount of $2,750 for the professional development. The $2,750 grant increases grant revenues and the training supplies expense. 9. Analog Phone System: Increase of $40,520 to adjust the budget to include the expense of our analog phone system. The item was not included in the original 2024 Budget. 10. Electric Utilities: Increase of $33,567 to include the electric utilities in the 2024 Budget. 970-748-4088 predmond@avon.org 11. Water and Sewer Utilities: Increase of $10,296 to include water and sewer utilities in the 2024 Budget. 12. Sherwood Meadows: Increase of $980 as the Sherwood Meadows approved a 20% increase in dues beginning in March 2024. The increase is due to inflation in operational costs and reserve funds for community improvements. Monthly dues increase from $540/month to $638/month. The revised 2024 ending fund balance of the General Fund reports a total of $21,138,983. A Town reserve of 22% is $6,283,495, the 3% TABOR emergency reserve is $841,172, and the remaining amount of $14,014,315 is undesignated and unreserved and can be used for any legal purpose. This is an increase of $383,234 in unreserved fund balances from the original 2024 budget. This increase is due to the Towns conservative budget approach as we recognized more revenues in 2023 than budgeted. Capital Projects Fund: The changes to the Capital Project Fund are as follows: • Increase of $25,000 for the June Creek Emergency Access project. The increase in cost is for the completion of the geotechnical testing, additional backfill needed and engineering construction support due to staff shortages. • Transfer from the General Fund increased by $2,690,000 for the Public Works Facilities Garage. • Council Chambers AV Improvements has been increased by $115,000. We have allocated $100,458 from the Equipment Replacement Fund which will be used for the project. • Revenues increase by $36,538 to record the full amount of American Recovery Plan Act. The total awarded from the American Recover Plan Act was $1,636,538. These funds will be used on the Public Works Facilities Garage. • Transfers out to the Equipment Replacement Fund have been reduced by $336,375 as the Armored Rescue Vehicle will not arrive in 2024. The revised 2024 ending fund balance of the Capital Projects Fund shows a total of $5,416,626 which is $1,272,029 higher than the projected ending fund balance for 2024. Of this amount, $1,329,108 is reserved for Tract G/URA projects. The remaining amount of $3,664,374 can be used for capital improvements as defined by the municipal code and up to 10% of real estate transfer tax revenues can be transferred to the Community Housing Fund. Staff has not revised our projections for real estate transfer taxes for 2024. However, Staff expects to see revenues from the units being sold as Phase II of Frontgate is completed. We will continue to evaluate these revenues and make any recommended revisions later in the year. Mobility Fund: Revisions to the Mobility Fund include the following items: • Decrease of $215,000 as the Town will not offer the micro-transit program in 2024. • Increase of $2,000 for all Public Works Divisions attending a Rockies baseball game. This included part-time staff participating in the outing. The projected ending fund balance for 2024 is $1,387,493. Equipment Replacement Fund: Revisions to the Equipment Replacement Fund include the following items: • Increase of $23,145.18 as the heat recovery pumps required immediate replacement. The funds for the heat recovery pumps had been collected in the CERF in previous years. 970-748-4088 predmond@avon.org • Increase of $20,877 for the purchase of a LiveScan finger printing machine. The funds for the finger printing machine had been collected in the CERF in previous years. • Transfer-In from the Capital Projects Fund has decreased by $336,375. The transfer was for the purchase of the Armored Rescue Vehicle which will not be delivered until 2025. The Equipment Replacement Fund reports a revised 2024 beginning fund balance of $4,812,821 which is an increase of $555,137 from the original budget and a revised 2024 ending fund balance of $3,965,702. Community Housing Fund: The revisions to the Community Housing Fund are as follows: • Increase of $51,000 for the Special Assessment at Sherwood Meadows. The Special Assessment is to replace the sidings within the community. Revised projected ending fund balance for 2024 is $870,032. Water Fund: The revisions to the Water Fund are as follows: • Increase of $3,000 for the mis-budgeting of the water monitoring support contribution and the sponsorship of the 2024 Sustaining Colorado Watersheds Conference. The revised beginning fund balance of the Water Fund shows a total of $430,706 which is $371,748 higher than the original projected beginning fund balance for 2024. The revised projected ending fund balance for 2024 is $336,385. TOWN MANAGER COMMENTS: I support all the proposed budget amendments. Department Directors are aware that revenues in 2024 are expected to be flat and that we are tightening our fiscal expenditures. PROPOSED MOTION: "I move to approve Resolution No. 24-26, A Resolution Amending the 2024 Town of Avon Budget." Thank you, Paul ATTACHMENTS: Attachment A Resolution No. 2024-26 Attachment B General Fund Supplemental Amendment No. 2 Attachment C Capital Projects Fund Supplemental Amendment No. 2 Attachment D Mobility Fund Supplemental Amendment No. 2 Attachment E Equipment Replacement Fund Supplemental Amendment No. 2 Attachment F Community Housing Fund Amendment No. 2 Attachment G Water Fund Amendment No. 2 Res. No. 24-26 September 24, 2024 Page 1 of 3 RESOLUTION NO. 24-26 AMENDING THE 2024 TOWN OF AVON BUDGET WHEREAS, the Avon Town Council (“Council”) previously adopted the 2024 budget; and WHEREAS, Council has reviewed the revised estimated revenues and expenditures for 2024; and WHEREAS, Council finds it necessary to amend the 2024 budget to more accurately reflect the revenues and expenditures for 2024; and WHEREAS, Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2024: Original or Previously Amended 2024 Budget Current Proposed Amended 2024 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 20,424,938 28,256,814 28,395,807 $ 20,494,938 28,256,814 26,395,807 Ending Fund Balance $ 21,285,946 $ 21,138,983 Original or Previously Amended 2024 Budget Current Proposed Amended 2024 Budget ATTACHMENT A Res. No. 24-26 September 24, 2024 Page 2 of 3 Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 14,791,915 13,750,000 24,397,317 $ 4,144,597 $ 15,508,981 16,576,996 21,258,237 $ 7,885,035 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 463,069 522,000 613,321 $ 371,748 $ 430,706 522,000 616,321 $ 336,385 Community Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 3,048,139 2,018,443 4,145,550 $ 921,032 $ 3,048,139 2,018,443 4,196,550 $ 870,032 Mobility Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 649,832 3,391,021 3,598,898 $ 441,955 $ 1,382,370 3,391,021 3,385,898 $ 1,387,493 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,997,523 1,976,297 2,443,019 $ 4,812,821 1,639,922 2,487,041 Ending Fund Balance $ 4,530,801 $ 3,965,702 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ATTACHMENT A Res. No. 24-26 September 24, 2024 Page 3 of 3 ADOPTED this 24th September, 2024. AVON TOWN COUNCIL By:_______________________________ Attest:______________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk ATTACHMENT A Proposed Original Amended Amended Difference Actual Budget Budget Budget #2 Increase 2023 2024 2024 2024 (Decrease) REVENUES Taxes 19,672,527$ 22,096,752$ 22,096,752$ 22,096,752$ -$ Licenses and Permits 562,836 413,175 413,175 413,175 - Intergovernmental 1,201,828 1,285,455 1,285,455 1,304,028 18,573 Charges for Services 2,080,026 1,845,745 1,845,745 1,845,745 - Fines and Forfeitures 44,705 38,700 38,700 38,700 - Investment Earnings 1,551,768 1,500,000 1,500,000 1,500,000 - Other Revenue 447,305 458,500 458,500 458,500 - Total Operating Revenues 25,560,995 27,638,327 27,638,327 27,656,900 18,573 Other Sources Lease Proceeds --- -- Transfer-In From Capital Projects Fund 600,473 618,487 618,487 618,487 - Total Other Sources 600,473 618,487 618,487 618,487 - TOTAL REVENUES 26,161,468$ 28,256,814$ 28,256,814$ 28,275,387$ 18,573$ EXPENDITURES General Government, HR and Finance 6,666,537$ 7,678,287$ 7,752,860$ 7,823,460$ 70,600$ Community Development 921,087 1,179,104 1,296,714 1,296,714 - Public Safety 5,453,379 6,408,261 6,467,057 6,478,607 11,550 Public Works 8,073,996 8,056,952 8,137,649 8,203,742 66,093 Recreation 2,433,386 3,061,455 3,086,527 3,103,820 17,293 Total Operating Expenditures 23,548,385 26,384,059 26,740,807 26,906,343 165,536 Other Uses Transfers-Out to Capital Projects Fund --- -- Transfers-Out to Mobility Fund 1,300,000 1,500,000 1,500,000 1,500,000 - Transfers-Out to Fleet Maintenance Fund 200,000 155,000 155,000 155,000 - Total Other Uses 1,500,000 1,655,000 1,655,000 1,655,000 - TOTAL EXPENDITURES 25,048,385 28,039,059 28,395,807 28,561,343 165,536 NET SOURCE (USE) OF FUNDS 1,113,083 217,755 (138,993) (285,956)(146,963) FUND BALANCES, Beginning of Year 20,311,855 20,537,994 21,424,938 21,424,938 886,944 FUND BALANCES, End of Year 21,424,938$ 20,755,749$ 21,285,946$ 21,138,983$ 739,981$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 980,080$ 841,172$ 841,172$ 841,172$ -$ Unassigned: 22% Minimum Reserve Balance -6,168,593 6,247,077 6,283,495 78,484$ 27% Minimum Reserve Balance 6,763,064 -- -- Undesignated, Unreserved 13,681,794 13,745,984 14,197,696 14,014,315 451,712 TOTAL FUND BALANCES 21,424,938$ 20,755,749$ 21,285,946$ 21,138,983$ 530,197$ Fund Summary MUNICIPAL SERVICES General Fund #10 ATTACHMENT B Proposed Original Budget Budget Difference Account Actual Budget Amendment #1 Amendment #2 Increase Number Description 2023 2024 2024 2024 (Decrease) Taxes: 51101 General Property Tax 2,086,974$ 2,961,699$ 2,961,699$ 2,961,699$ -$ 51102 General Property Tax - Delinquencies 182 500 500 500 - 51103 General Property Tax - Interest 2,275 1,900 1,900 1,900 - 51104 General Property Tax - Abatements (1) - - - - 51201 Specific Ownership Tax 127,099 130,000 130,000 130,000 - 51301 Sales Tax 13,037,958 14,079,150 14,079,150 14,079,150 - 51302 Utility Tax 133,525 120,000 120,000 120,000 - 51303 Accommodation Tax 2,317,647 2,558,503 2,558,503 2,558,503 - 51304 Penalties and Interest 41,492 50,000 50,000 50,000 - 51305 Sales Tax Audit Assessments 13,300 50,000 50,000 50,000 - 51307 VAA Retail Sales Fee 868,015 1,100,000 1,100,000 1,100,000 - 51308 Cigarette Excise Tax 254,014 245,000 245,000 245,000 - 51309 Tobacco Add-on Sales Tax 374,119 360,000 360,000 360,000 - 51402 Franchise Fees 415,928 440,000 440,000 440,000 - 51000 Total Taxes 19,672,527 22,096,752 22,096,752 22,096,752 - Licenses and Permits: 52101 Liquor Licenses 8,914 7,500 7,500 7,500 - 52102 Business Licenses 190,550 185,000 185,000 185,000 - 52103 Contractor's Licenses 22,210 18,625 18,625 18,625 - 52104 Tobacco/Cigarette Licenses 3,000 1,750 1,750 1,750 - 52105 Booting/Towing Licenses 450 600 600 600 - 52201 Building Permits 276,075 190,000 190,000 190,000 - 52205 Road Cut Permits 60,937 9,000 9,000 9,000 - 52207 Mobile Vendor Cart Permits 700 700 700 700 - 52000 Total Licenses and Permits 562,836 413,175 413,175 413,175 - Intergovernmental: Federal Grants: 53106 Click It or Ticket - 3,000 3,000 3,000 - 53107 Ballistic Vests Grant 700 2,000 2,000 2,000 - State Grants 53204 LEAF Grant - 12,500 12,500 12,500 - 53206 High Visibility Grant 27,154 20,000 20,000 20,000 - 53207 POST I70 Training Grants 3,441 45,000 45,000 47,750 2,750 53208 DOLA Grants - - - - - 53210 Recreation Center Grants - - - - - 53299 Other State Grants 33,153 - - 15,823 15,823 Local Government/Other Agency 53900 Other Local Grants - - - - - Revenue Detail MUNICIPAL SERVICES General Fund ATTACHMENT B Proposed Original Budget Budget Difference Account Actual Budget Amendment #1 Amendment #2 Increase Number Description 2023 2024 2024 2024 (Decrease) Revenue Detail MUNICIPAL SERVICES General Fund State/County Shared Revenue: 53301 Conservation Trust 84,408 80,000 80,000 80,000 - 53302 Motor Vehicle Registration 22,209 26,000 26,000 26,000 - 53303 Highway User's Tax 176,326 191,805 191,805 191,805 - 53305 County Sales Tax 693,826 746,750 746,750 746,750 - 53306 Road & Bridge Fund 152,997 150,000 150,000 150,000 - 53308 State Severance Tax 1,333 2,400 2,400 2,400 - 53309 Retail Delivery Fee 6,281 6,000 6,000 6,000 - 53000 Total Intergovernmental 1,201,828 1,285,455 1,285,455 1,304,028 18,573 Charges for Services: General Government: 54102 Photocopying Charges - 100 100 100 - 54103 License Hearing Fees - 100 100 100 - 54104 Other Fees and Charges 529 3,500 3,500 3,500 - 54105 Credit Card and Paper Filing Fees 2,705 2,500 2,500 2,500 - Community Development: 54201 Plan Check Fees 168,370 120,000 120,000 120,000 - 54203 Design Review Fees 6,029 15,000 15,000 15,000 - 54204 Animal Control Fees - 150 150 150 - 54206 Fire Impact Fee Administration Fees 4,408 1,500 1,500 1,500 - Public Safety: 54301 Police Reports 812 1,000 1,000 1,000 - 54302 Police Extra Duty 16,374 25,000 25,000 25,000 - 54303 Fingerprinting Fees 830 500 500 500 - 54304 VIN Inspection Fees 2,195 2,000 2,000 2,000 - 54305 False Alarm Fees/Misc Police Dept Fees 30 75 75 75 - 54306 National Night Out - - 54399 DUI Reimbursement 12,319 15,000 15,000 15,000 - Avon Recreation Center: 54601 Admission Fees 1,311,481 1,140,000 1,140,000 1,140,000 - 54602 Program Fees 28,747 30,000 30,000 30,000 - 54603 Facility Rentals 25,322 18,000 18,000 18,000 - 54604 Merchandise Sales 9,472 10,000 10,000 10,000 - 54606 Other Recreation Services 10,786 8,800 8,800 8,800 - 54607 Fitness Program Revenues 52,416 45,000 45,000 45,000 - 54610 Swim Team Revenue 55,187 48,000 48,000 48,000 - 54611 Private Lessons 19,365 30,000 30,000 30,000 - 54612 Avon Rec CTR Gift Cards 350 1,000 1,000 1,000 - ATTACHMENT B Proposed Original Budget Budget Difference Account Actual Budget Amendment #1 Amendment #2 Increase Number Description 2023 2024 2024 2024 (Decrease) Revenue Detail MUNICIPAL SERVICES General Fund General Recreation: 54651 Adult Program Revenues 28,765 14,000 14,000 14,000 - 54652 Cabin Equipment Rentals 38,325 35,000 35,000 35,000 - 54653 Athletic Field Rentals 220 240 240 240 - 54654 Cabin Concessions 86 500 500 500 - 54655 Youth Program Revenues 162,977 150,000 150,000 150,000 - Special Events: 54672 Consession Sales 98,046 96,130 96,130 96,130 - 54676 Sponsorships 1,350 10,000 10,000 10,000 - 54678 Event Fees 15,563 15,850 15,850 15,850 - 54679 Special Event Admission Fees 1,851 1,800 1,800 1,800 - 54680 Pavillion Rentals 5,116 5,000 5,000 5,000 - 54000 Total Charges for Services 2,080,026 1,845,745 1,845,745 1,845,745 - Fines and Forfeitures: 55101 Court Fines - Traffic 18,945 23,000 23,000 23,000 - 55102 Court Fines - Criminal 18,760 6,500 6,500 6,500 - 55103 Court Fines - Parking 2,390 3,000 3,000 3,000 - 55105 Court Costs 2,000 3,000 3,000 3,000 - 55106 Jury Fees - 100 100 100 - 55107 Bond Forfeitures - 100 100 100 - 55110 Police Training Surcharge 2,610 3,000 3,000 3,000 - 55000 Total Fines and Forfeitures 44,705 38,700 38,700 38,700 - 57101 Investment Earnings:1,551,768 1,500,000 1,500,000 1,500,000 - Other Revenues: 58101 Recreational Amenity Fees 304,969 330,000 330,000 330,000 - 58201 Lease of Town-Owned Property 4,350 3,500 3,500 3,500 - 58999 Miscellaneous Nonclassified Revenues 137,986 125,000 125,000 125,000 - 58000 Total Other Revenues 447,305 458,500 458,500 458,500 - 50000 TOTAL REVENUES 25,560,995$ 27,638,327$ 27,638,327$ 27,656,900$ 18,573$ ATTACHMENT B Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2023 2024 2024 2024 (Decrease) General Government: Mayor and Town Council 253,179$ 292,388$ 299,888$ 307,388$ 7,500$ Town Attorney 202,010 205,000 210,000 210,000 - Town Clerk 168,354 199,431 199,431 199,431 - Municipal Court 215,244 225,181 225,181 225,181 - Administrative Services 831,626 933,110 933,110 933,110 - Community Relations 300,107 358,036 364,036 364,036 - Economic Development 350,875 307,170 350,920 384,420 33,500 Special Events 1,194,288 1,513,108 1,513,108 1,513,108 - Community Grants 119,000 120,250 120,250 120,250 - Sustainability 184,245 287,570 287,570 287,570 - Subtotal General Government 3,818,928 4,441,244 4,503,494 4,544,494 41,000 Human Resources: Human Resources 638,975 853,259 862,259 882,859 20,600 Finance and Information Technology: Finance 1,114,583 1,124,020 1,124,020 1,124,020 - Information Systems 613,392 841,994 845,317 845,317 - Nondepartmental 480,659 417,770 417,770 426,770 9,000 Subtotal Finance and IT 2,208,634 2,383,784 2,387,107 2,396,107 9,000 Total General Government, HR and Finance 6,666,537 7,678,287 7,752,860 7,823,460 70,600 Community Development: Planning and Zoning Commission 12,198 26,172 26,172 26,172 - Planning 581,839 823,734 941,344 941,344 - Building Inspection 327,050 329,198 329,198 329,198 - Total Community Development 921,087 1,179,104 1,296,714 1,296,714 - .. .. . Police Department: Administration 1,056,516 1,136,141 1,149,141 1,149,141 - Patrol 3,848,292 4,388,813 4,390,338 4,401,888 11,550 Investigations 383,635 541,434 545,074 545,074 - Code Enforcement 164,936 341,873 382,504 382,504 - Total Police Department 5,453,379 6,408,261 6,467,057 6,478,607 11,550 Department Expenditure Summaries MUNICIPAL SERVICES General Fund ATTACHMENT B Proposed Original Budget Budget Difference Actual Budget Amendment #1 Amendment #2 Increase Description 2023 2024 2024 2024 (Decrease) Department Expenditure Summaries MUNICIPAL SERVICES General Fund Public Operations: Administration 429,072 369,658 369,658 369,658 - Engineering 650,204 784,601 784,601 784,601 - Roads and Bridges 3,862,510 3,634,253 3,694,253 3,696,003 1,750 Parks 1,023,861 1,121,686 1,142,383 1,186,246 43,863 Buildings and Facilities 2,108,349 2,146,754 2,146,754 2,167,234 20,480 Total Public Works Department 8,073,996 8,056,952 8,137,649 8,203,742 66,093 Recreation Department: Administration 273,720 286,066 286,066 296,336 10,270 Adult Programs 48,487 87,042 87,042 87,042 - Aquatics 819,664 1,005,995 1,005,995 1,005,995 - Fitness 297,053 352,865 352,865 352,865 - Guest Services 587,015 723,583 723,583 723,583 - Youth Programs 190,564 347,595 372,667 379,690 7,023 Communtiy Swim Program 216,883 258,309 258,309 258,309 - Total Recreation 2,433,386 3,061,455 3,086,527 3,103,820 17,293 TOTAL OPERATING EXPENDITURES 23,548,385$ 26,384,059$ 26,740,807$ 26,906,343$ 165,536$ ATTACHMENT B Original Amended Amended Difference Audited Budget Budget #1 Budget #2 Increase 2023 2024 2024 2024 (Decrease) REVENUES Taxes 6,530,116$ 8,500,000$ 8,500,000$ 8,500,000$ -$ Intergovernmental 601,877 2,600,000 2,600,000 2,636,538 36,538 Investment Earnings 422,670 300,000 300,000 300,000 - Other Revenue 4,141 ---- Total Revenues 7,558,804 11,400,000 11,400,000 11,436,538 36,538 Other Sources: Transfer In from Other Funds 2,209,085 2,350,000 2,350,000 5,140,458 2,790,458 Total Other Sources 2,209,085 2,350,000 2,350,000 5,140,458 2,790,458 TOTAL REVENUES AND OTHER SOURCES 9,767,889 13,750,000 13,750,000 16,576,996 2,826,996 EXPENDITURES Capital Improvements: Facilities 1,348,869 1,682,000 5,981,726 5,981,726 - Land and Land Improvements 54,921 1,195,238 2,423,810 2,423,810 - Roads and Streets 2,199,912 2,070,175 10,341,991 10,366,991 25,000 Utility Projects 1,049,793 1,575,000 1,775,000 1,775,000 - Planning and Consulting 165,293 185,000 404,153 519,153 115,000 Communications and Technology --135,837 135,837 - Debt Service: Capital Leases 55,719 55,720 55,720 55,720 - Total Expenditures 4,874,508 6,763,133 21,118,237 21,258,237 140,000 Other Uses Operating Transfer-Out - General Fund 600,473 618,487 618,487 618,487 - Operating Transfer-Out - Mi Casa Program 734,871 450,000 652,929 652,929 - Operating Transfer-Out - Debt Service Fund 963,142 962,124 962,124 962,124 - Operating Transfer-Out - Mobility Fund 200,000 200,000 200,000 200,000 - Operating Transfer-Out - Fleet Maintenance Fund 398,766 193,002 193,002 193,002 - Operating Transfer-Out - Equipment Replacement Fund 505,922 652,538 652,538 316,163 (336,375) Total Other Uses 3,403,174 3,076,151 3,279,080 2,942,705 (336,375) TOTAL EXPENDITURES AND OTHER USES 8,277,682 9,839,284 24,397,317 24,200,942 (196,375) NET SOURCE (USE) OF FUNDS 1,490,207 3,910,716 (10,647,317) (7,623,946) 3,023,371 FUND BALANCE, Beginning of Year 14,018,774 10,327,090 14,791,915 15,508,981 717,066 FUND BALANCE, End of Year 15,508,981$ 14,237,806$ 4,144,598$ 7,885,035$ 3,740,437 Fund Balances Restricted For: Asphalt Overlay 423,144$ 423,144$ 423,144$ 423,144$ -$ Assigned For: Tract G/URA Projects 1,155,610 800,610 844,108 1,329,108 485,000 Unreserved 13,930,227 13,014,052 2,877,346 6,132,783 3,255,437 Total Fund Balances 15,508,981$ 14,237,806$ 4,144,598$ 7,885,035$ 3,740,437$ Fund Summary Capital Projects Fund #41 Supplemental Amendment #2 ATTACHMENT C Original Amended Amended Difference Account Audited Budget Budget #1 Budget #2 Increase Number Description 2023 2024 2024 2024 (Decrease) Taxes: 51401 Real Estate Transfer Tax 6,529,286$ 8,500,000$ 8,500,000$ 8,500,000$ - 51304 Penalties and Interest 830 - - - - 51000 Total Taxes 6,530,116 8,500,000 8,500,000 8,500,000 - Intergovernmental: Federal / State: 53201 American Recovery Plan Act - 1,600,000 1,600,000 1,636,538 36,538 53201 DOLA Grant - 1,000,000 1,000,000 1,000,000 - 53299 Colorado Energy Office - 2023 Charge Ahead 39,295 - - - - 53299 CDOT Lift Grant - - - - - 53202 GOCO Grant (Eaglebend Playground)- - - - - 53401 Local Intergovernmental Participation 362,582 - - - - 53402 Eagle County Contribution 200,000 - - - - 53000 Total Intergovernmental 601,877 2,600,000 2,600,000 2,636,538 36,538 Investment Earnings: 57101 Interest Earnings 422,670 300,000 300,000 300,000 - 57000 Total Investment Earnings 422,670 300,000 300,000 300,000 - Other Revenues: 58209 Armored Rescue Vehicle (Community Contribution)- - - - - 58999 Miscellaneous Nonclassified Revenue 4,141 - - - - 58000 Total Other Revenues 4,141 - - - - Other Sources: Transfers In - General Fund 59201 - Facilities Garage - - - 2,690,000 2,690,000 Transfer In from Avon URA: 59201 Tract G Projects 1,000,000 1,750,000 1,750,000 1,750,000 - Transfer in from Community Enhancement Fund 59201 Powerline Undergrounding 120,000 100,000 100,000 100,000 - Transfer in from Water Fund 59201 Nottingham-Puder Ditch Piping 1,089,085 500,000 500,000 500,000 - Transfer in from Equipment Replacement Fund 59201 Council Chamber AV Improvements - - - 100,458 100,458 59000 Total Other Sources 2,209,085 2,350,000 2,350,000 5,140,458 100,458 50000 TOTAL REVENUES 9,767,889$ 13,750,000$ 13,750,000$ 16,576,996$ 136,996$ Revenue Detail Capital Projects Fund #41 Supplemental Amendment #2 ATTACHMENT C (1)(2)(3)(4)(4)(1+2+4) Revised 2022 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2023 2024 2024 2024 Expenditures Current Proposed (Decrease) Project Status CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11019 Utility Upgrade 483,673$ -$-$-$-$483,673$ -470,845$ 470,845$ -$Completed - 2022 11023 New Town Hall 2nd and 3rd Floor Updates 90,508 12,096 - - - 102,604$ -130,000 141,491 11,491 Completed - 2023 11025 H.A. Nottingham Park East Improvements 319,887 39,277 - - - 359,164$ 2,490,836 2,850,000 2,850,000 - In Progress 11028 Office Furniture 96,619 84,574 - - - 181,193$ -203,184 203,184 -Completed - 2023 11029 Building Access Control - 52,311 - - - 52,311$ - 70,000 70,000 -Completed - 2023 11030 Town Hall Front Entry ADA Access 13,225 5,545 - - - 18,770$ - 25,000 25,000 -Completed - 2023 11031 511 Metcalf Road #G20 537,519 (63)- - - 537,456$ -535,000 535,000 -Completed - 2022 11033 IT Office Expansion -- - - - -$ 30,000 30,000 30,000 - In Progress 11032 Building Door Replacements - - - - - -$ 105,000 105,000 105,000 - In Progress -$ - Public Safety Facilities:-$ - 12006 PSF Parking Lot Canopy Design 20,000 - - - 20,000$ - 20,000 20,000 -Completed - 2022 12007 Wildridge Emergency Warning Siren 223,420 8,000 - - - 231,420$ -356,436 356,436 -Completed - 2023 Public Works Facilities:-$ - 13014 Public Works Facilities Expansion Planning 14,774 235,686 - - - 250,460$ 349,540 600,000 600,000 - In Progress Fleet and Transportation Facilities:-$ - 14010 Fleet Maintenance EPDM Roof Replacement 10,500 - - - - 10,500$ 449,500 460,000 460,000 - In Progress 14019 Bus Shelters (6)436,350 2,233 - 20,000 20,000 458,583$ 3,917 462,500 462,500 - In Progress 14020 Fleet Maintenance - HVAC / AC - - - - - -$ 25,000 25,000 25,000 - In Progress 14021 ARTF Roof Improvements / Snow 44,860 - - - - 44,860$ 5,140 50,000 50,000 - In Progress 14022 ARTF Roof Repair 75,701 1,000 - - - 76,701$ 63,299 140,000 140,000 - In Progress 14023 ARFT - Overhead Door Replacement - 63,572 - - - 63,572$ 41,428 105,000 105,000 - In Progress 14024 ARTF - BAS / HVAC PM -- - - - -$ 165,000 165,000 165,000 - In Progress 14025 ARTF - HVAC Separation -18,087 - - - 18,087$ 151,913 170,000 170,000 - In Progress 14026 ARTF - Bus Wash Exit -20,330 - - - 20,330$ 104,670 125,000 125,000 - In Progress 14027 Fleet Compressor System -- 40,000 40,000 40,000 40,000$ - 40,000 40,000 New Project 2024 14028 Fleet Vehicle Lifts Repair*- - 320,000 320,000 320,000 320,000$ -320,000 320,000 -New Project 2024 Police Facilities:-$ -- 12008 PD Cooling Tower Chemical loop pump - - 12,000 12,000 12,000 12,000$ - 12,000 12,000 -New Project 2024 12009 EV Charging Station at PD*-- 20,000 100,000 100,000 100,000$ -100,000 20,000 (80,000) New Project 2024 Cultural and Recreational Facilities:-$ -- 15019 Pavilion - Deck Railing and Floor Replacement 415,314 - - - - 415,314$ -425,600 425,600 -Completed - 2023 15021 Recreation Center Locker Replacement 330,439 - - - - 330,439$ -330,439 330,439 -Completed - 2022 15023 Recreation Center HVAC Upgrade 52,445 252,303 - - - 304,748$ -250,000 250,000 -Completed - 2023 15024 Recreation Center ADA Parking 20,000 - - - - 20,000$ - 20,865 20,865 -Completed - 2022 15028 Recreation Center Pool Replastering 204,140 - - - - 204,140$ -205,000 205,000 -Completed - 2022 15029 Recreation Center Aquatics Remodel Plan and Des -13,350 750,000 750,000 750,000 763,350$ 36,650 800,000 800,000 - In Progress 15031 Water Slide Repair 33,070 8,300 - 3,200 3,200 44,570$ - 45,788 45,788 Completed - 2022 15032 Sauna / Steam Room Remodel 7,867 109,318 - - - 117,185$ -107,764 107,764 -Completed - 2023 15033 Public Art - "Mother's Pride"-30,000 - - - 30,000$ - 30,000 30,000 - In Progress 15043 Swim Area Anchors Nottingham Lake (4)- - 10,000 10,000 10,000 10,000$ - 10,000 10,000 -New Project 2024 15044 Art Pedestal Repairs and Solar Light Install - - 75,000 75,000 75,000 75,000$ - 75,000 75,000 New Project 2024 15034 Additional Lighting and Signage for Stage - - 50,000 50,000 50,000 50,000$ - 50,000 50,000 New Project 2024 15035 Pool area LED replacement - - 100,000 100,000 100,000 100,000$ -100,000 100,000 -New Project 2024 15036 Fitness Court Removal Design - - 35,000 35,000 35,000 35,000$ - 35,000 35,000 -New Project 2024 15037 Improve Rear Access to Rec Center - - 150,000 150,000 150,000 150,000$ -150,000 150,000 -New Project 2024 15038 Rec Center Building Key Card Access - - 50,000 62,650 62,650 62,650$ - 50,000 50,000 -New Project 2024 15039 Rec Center additional 8 new cameras - - 25,000 25,000 25,000 25,000$ - 25,000 25,000 -New Project 2024 15041 Rec Cernter Furniture -- 15,000 15,000 15,000 15,000$ - 15,000 15,000 -New Project 2024 15042 Monument Signs for Pocket Parks -- 75,000 75,000 75,000 75,000$ - 75,000 75,000 -New Project 2024 21070 Special Events Meridian Barriers -- 65,238 66,983 66,983 66,983$ - 65,238 65,238 -New Project 2024 -$ -- Other Facilities:-$ -- 19008 EV Charging Stations (6)226,395 13,600 - - - 239,995$ -257,500 257,500 -Completed - 2022 19009 2120 Saddle Ridge Loop Window Replacement -25,850 - - - 25,850$ - 40,000 40,000 -Completed - 2023 19010 Heat Recovery Controls Replacement -193,349 - - - 193,349$ -251,000 251,000 -Completed - 2023 14029 ARTF Furniture for Facilities -- 50,000 50,000 50,000 50,000$ - 50,000 50,000 New Project 2024 Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2024 Supplemental Amendment #2 ATTACHMENT C (1)(2)(3)(4)(4)(1+2+4) Revised 2022 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2023 2024 2024 2024 Expenditures Current Proposed (Decrease) Project Status CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2024 Supplemental Amendment #2 -$ - Land and Land Improvements:-$ - 21027 O'Neil Spur Park Improvements Design -- - - - -$ 20,000 20,000 20,000 - In Progress 21053 Nottingham Park West Courts Reconstruction 1,409,347 1,773 - - - 1,411,120$ -1,432,523 1,432,523 -Completed - 2022 21054 Wildland Fire Mitigation 40,000 40,000 40,000 40,000 40,000 120,000$ -NA NA Ongoing 21055 Power Line Undergrounding 1,533 - - - - 1,533$ 118,467 120,000 120,000 In Progress 21058 North Restrooms - Nottingham Lake Beach 59,754 - - - - 59,754$ 480,246 540,000 540,000 In Progress 21063 Saddleridge Park Refresh - - - - - -$ 100,000 100,000 100,000 - In Progress 21064 Park Water Fountain Replacement - 2,400 - - - 2,400$ 72,600 75,000 75,000 - In Progress 21065 Irrigation System Project Design - - - - - -$ -- 80,000 80,000 In Progress 21066 Eaglebend Park Improvements - 10,748 - - - 10,748$ 539,252 550,000 550,000 - In Progress 21067 Wildridge Trail Contributions - - - - - -$ 58,245 58,245 58,245 - In Progress 21068 H.A.N. Irrigation System Construction*-- 750,000 750,000 750,000 750,000$ -750,000 750,000 -New Project 2024 31032 Railing Repairs at VAA -- 35,000 35,000 35,000 35,000$ - 35,000 35,000 -New Project 2024 31033 Post Blvd Irrigation Repair -- 150,000 150,000 150,000 150,000$ -150,000 150,000 -New Project 2024 21069 West Restrooms -- 60,000 60,000 60,000 60,000$ - 60,000 60,000 -New Project 2024 -$ -- Roads and Streets:-$ -- Streetscape Improvements:-$ -- 31030 Mall Activation Elements 26,579 9,637 - 4,100 4,100 40,316$ (316) 40,000 40,000 - In Progress 31031 Avon Rd./I70 Aesthetics Improvements 1,135,669 - - - - 1,135,669$ -1,150,000 1,150,000 -Completed - 2022 32035 Metcalf Road - Retaining Wall Stabilization -- - - - -$ 80,000 80,000 80,000 - In Progress Street Improvements:-$ -- Annual Street Maintenance and Repair:-$ -- 32026 Retaining Wall Repairs - Nottingham & Swift Gulch 7,442 - - - - 7,442$ 192,558 200,000 200,000 - In Progress 32030 Avon Road Safety Improvements 69,196 51,567 150,000 150,000 150,000 270,763$ -NA NA Ongoing 32032 Hurd Lane Intersection Improvements 9,957 - - - - 9,957$ - 20,000 20,000 -Completed - 2022 32033 W. B/C Blvd. - US Hwy 6 to Avon Elem.29,470 922,704 - - - 952,174$ -1,349,513 1,349,513 -Completed - 2023 32034 Buck Creek Repairs 582,985 - - - - 582,985$ -800,000 800,000 Completed - 2022 32036 Fawcett Road Asphalt Overlay 25,456 362,023 - - - 387,479$ -440,000 440,000 -Completed - 2023 32037 W. B/C Blvd. - Concrete Repairs -- - - - -$ 223,701 223,701 223,701 - In Progress 32038 Metcalf Road Culvert Repair 43,820 440,720 - - - 484,540$ -493,820 493,820 -Completed - 2023 32040 Metcalf Road Manhole Repair 15,055 - - - - 15,055$ - 14,000 14,000 -Completed - 2022 32041 Millie's Lane Asphalt Overlay 42,653 - - - - 42,653$ - 46,523 46,523 Completed - 2022 32042 East Beaver Creek Blvd. Repair Project 28,806 - - - - 28,806$ - 28,806 28,806 Completed - 2022 33220 Annual Guard Rail Improvements 51,933 26,820 40,000 40,000 40,000 118,753$ -NA NA Ongoing 33221 Asphalt Seal Coat Roadway & Parking Lots -111,610 - - - 111,610$ -100,000 485,000 385,000 Completed - 2023 32043 Upper Buck Creek Repairs / Asphalt Overlay -5,040 - - - 5,040$ 1,287,708 1,292,748 1,292,748 - In Progress 32044 Swift Gulch Road - Buffalo Ridge Asphalt Overlay -- 613,474 613,474 613,474 613,474$ 60,000 673,474 673,474 - In Progress 32045 Old Trail Road Asphalt Overlay -- 626,701 626,701 626,701 626,701$ 163,000 789,701 789,701 - In Progress 32046 WBCB River Bridge Deck Repair Railing Upgrade -5,680 - - - 5,680$ 244,320 250,000 250,000 - In Progress 32047 Avon Road Pedestrian Crosswalk Repairs -49,266 - - - 49,266$ 734 50,000 50,000 - In Progress 31034 I-70 Off-ramp Streetlight Repair -- 50,000 50,000 50,000 50,000$ - 50,000 50,000 New Project 2024 31035 Town Wide Retaining Wall Structures Analysis - - 80,000 80,000 80,000 80,000$ - 80,000 80,000 New Project 2024 31036 Riverfront/Ped Mall Manhole Repairs -- 60,000 60,000 60,000 60,000$ - 60,000 60,000 -New Project 2024 31043 Tract A DC Fast Chargers (4)-- 350,000 350,000 350,000 350,000$ -350,000 350,000 -New Project 2024 NEW Post Blvd. Asphalt Overlay -- - 250,000 250,000 250,000$ -2,750,000 2,750,000 New Project 2024 31044 W. Main Street Mall Improvements -- 100,000 100,000 100,000 100,000$ -1,500,000 1,500,000 New Project 2024 Multi-Modal/Alternative Mobility:-$ -- 32039 US Hwy 6 & Stonebridge Rd. Roundabout 369,712 120,919 - - - 490,631$ 4,109,369 4,600,000 4,600,000 - In Progress 34044 June Creek Emergency Access 8,918 10,505 - 217,325 217,325 236,748$ 115,577 352,325 110,000 (242,325) In Progress Recreational Trails Program:-$ -- 34041 Lee's Way Trail Rebuild 600 - - - - 600$ 49,400 50,000 50,000 - In Progress 34045 Recreation Trail Path Recon. - Lower Athletic Field 13,238 83,422 - - - 96,660$ 769,340 866,000 866,000 - In Progress 34046 Hurd Lane - Recreation Trail Reconstruction - - - - - -$ 205,000 205,000 205,000 In Progress 34047 Eagle Valley Trail - West Reconstruction -- - - - -$ 325,000 325,000 325,000 154,166$ In Progress ATTACHMENT C (1)(2)(3)(4)(4)(1+2+4) Revised 2022 and Original Amended Amended Estimated Difference Account Prior Audited Budget Budget #1 Budget #2 Project-to-Date Increase Number Description Actuals 2023 2024 2024 2024 Expenditures Current Proposed (Decrease) Project Status CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 2024 Supplemental Amendment #2 -$ -- Drainage Projects:-$ - 61011 Tract A Drainage Improvements - - - - - -$ 50,000 50,000 50,000 In Progress 61013 330 Nottingham Road Drainage Improvements - - 500,000 500,000 500,000 500,000$ 75,000 575,000 575,000 In Progress 61014 400 West Beaver Creek Blvd. Drainage Improvemen -- 500,000 500,000 500,000 500,000$ 75,000 575,000 575,000 In Progress 61015 Nottingham Rd Basin 4 Erosion Control - - 400,000 400,000 400,000 400,000$ -125,000 125,000 New Project 2024 61016 Puder Ditch Headgate Repair - - 75,000 75,000 75,000 75,000$ - 75,000 75,000 New Project 2024 61017 Nottingham Reservoir Repairs -- 100,000 100,000 100,000 100,000$ -100,000 100,000 New Project 2024 -$ - Utility Projects:-$ - 21026 Nottingham Rd. Debris Flow Improvements and Wat 554,140 32,438 - - - 586,578$ -600,810 600,810 Completed - 2023 61012 Nottingham-Puder Ditch Piping 23,512 867,279 - - - 890,791$ -1,112,597 1,112,597 Completed - 2023 11034 Council Chambers AV Improvements - - 10,000 10,000 125,000 125,000$ - 10,000 10,000 New Project 2024 81022 Rec Center AV/WIFI upgrades - - 65,000 65,000 65,000 65,000$ - 65,000 65,000 New Project 2024 19011 Recycling Center Upgrade*- - 110,000 110,000 110,000 110,000$ -110,000 110,000 New Project 2024 81011 Broadband 44,598 1,930 - - - 46,528$ 78,473 125,000 125,000 In Progress 81015 Finance/Comm Dev. ERP System 187,875 (8,780) - - - 179,095$ -275,290 275,290 Completed - 2023 81016 Mini-split NTH Data Center 12,070 - - - - 12,070$ - 20,000 20,000 Completed - 2022 81019 Microsoft Teams Phone System Migration 38,547 12,808 - - - 51,355$ - 64,413 64,413 Completed - 2023 81020 Surveillance NVR Server Consolidation and Replac 22,201 - - - - 22,201$ 9,799 32,000 32,000 In Progress 81021 Nottingham Park Wi-Fi Access -19,119 - - - 19,119$ 130,881 150,000 150,000 In Progress 61065 Nottingham / Wildridge Culvert Repairs -125,000 - - - 125,000$ -125,000 125,000 New Project 2024 -$ - Planning and Consulting:-$ - 79114 Schematic Design / Final Design - W. Main Street 31,544 107,619 - - - 139,163$ 135,837 275,000 275,000 In Progress 79115 Facilities Reserve Study - 57,675 - - - 57,675$ - 75,000 75,000 Completed - 2023 Total Capital Improvement Projects 8,543,316$ 4,658,638$ 6,707,413$ 7,296,433$ 7,411,433$ 20,613,387$ 13,791,084$ 38,695,648$ 38,849,814$ ATTACHMENT C Proposed Original Budget Budget Difference Actuals Budget Amendment #1 Amendment #2 Increase 2023 2024 2024 2024 (Decrease) REVENUES Taxes 46,696$ 70,135$ 70,135$ 70,135$ -$ Intergovernmental 1,123,502 1,126,000 1,126,000 1,126,000 - Charges for Services 213,256 349,275 349,275 349,275 - Other Revenues 102,131 145,611 145,611 145,611 - Total Operating Revenues 1,485,585 1,691,021 1,691,021 1,691,021 - Other Sources Transfers In from General Fund 1,300,000 1,500,000 1,500,000 1,500,000 - Transfers In from Capital Projects Fund 200,000 200,000 200,000 200,000 - Total Other Sources 1,500,000 1,700,000 1,700,000 1,700,000 - TOTAL REVENUES 2,985,585 3,391,021 3,391,021 3,391,021 - EXPENDITURES Administration 385,666 272,031 273,041 275,041 2,000 Transit Operations 2,505,693 2,745,249 2,463,249 2,463,249 - Washbay 240,429 225,851 259,851 259,851 - Mobility Programs 339,450 602,757 602,757 387,757 (215,000) TOTAL EXPENDITURES 3,471,238 3,845,888 3,598,898 3,385,898 (213,000) NET SOURCE (USE) OF FUNDS (485,653) (454,867) (207,877) 5,123 213,000 FUND BALANCES, Beginning of Year 1,382,370 649,832 649,832 1,382,370 732,538 FUND BALANCES, End of Year 896,717$ 194,965$ 441,955$ 1,387,493$ 945,538$ Fund Summary Mobility Enterprise Fund #52 Supplemental Amendment #2 ATTACHMENT D Adopted Proposed Budget Budget Actual Budget Amendment #1 Amendment #2 2023 2024 2024 2024 Difference REVENUES Charges for Services: Equipment Replacement Charges 1,223,835$ 1,203,759$ 1,203,759$ 1,203,759$ -$ Interest Earnings 147,867 120,000 120,000 120,000 - Other Revenue:- Insurance Claim Reimbursements 21,073 - - - - Total Operating Revenues 1,392,775 1,323,759 1,323,759 1,323,759 - Other Sources Transfers-In from Capital Projects Fund 505,922 652,538 652,538 316,163 (336,375) Sales of Fixed Assets 109,568 - - - Total Other Sources 615,490 652,538 652,538 316,163 (336,375) TOTAL REVENUES 2,008,265 1,976,297 1,976,297 1,639,922 (336,375) EXPENDITURES Capital Outlay: Fleet and Heavy Equipment 840,601 302,265 2,021,353 2,021,353 - Recreation Center Equipment 354,359 20,148 20,148 20,148 - Computer and Office Equipment 145,258 307,164 307,164 328,041 20,877 Machinery and Equipment 112,910 85,007 86,744 86,744 - Heat Recovery - 7,610 7,610 30,755 23,145 Total Operating Expenditures 1,453,128 722,194 2,443,019 2,487,041 44,022 Other Uses: Transfer-Out to Capital Projects Fund - - - - - TOTAL EXPENDITURES 1,453,128 722,194 2,443,019 2,487,041 44,022 NET SOURCE (USE) OF FUNDS 555,137 1,254,103 (466,722) (847,119) (380,397) FUND BALANCES, Beginning of Year 4,257,684 4,257,684 4,997,523 4,812,821 (184,702) FUND BALANCES, End of Year 4,812,821$ 5,511,787$ 4,530,801$ 3,965,702$ (565,099)$ Fund Summary MUNICIPAL SERVICES Equipment Replacement Internal Service Fund #63 ATTACHMENT E Department:N/A Program: Fleet and Heavy Equipment #811 Account 2024 Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Fleet and Heavy Equipment General Goverenment: Police Chevy Tahoe 56,634 Police Chevy Tahoe 56,577 Police Chevy Tahoe 56,577 Police Chevy Tahoe 56,577 Facilities Van 34,323 Van 55,000 Operations Chevrolet K2500 HD 41,578 Chevrolet K2500 HD 75,000 Police Carryover from 2022 and 2023 6 Take Home Vehicles and Utility Hybrids 505,292 Police Increase in price for 5 Police vehicles 104,425 Operations Carryover from 2023 Pickup and Plow 80,957 Operations Carryover from 2023 Operations Tractor 51,247 Operations Carryover from 2023 Plow Truck 396,224 Operations Carryover from 2023 Plow Truck 391,980 66501 Automobiles and Light-duty Trucks 1,886,489 Operations Carryover from 2023 Pickup 71,298 Facilities Carryover from 2023 Pickup 63,566 66502 Heavy Trucks and Moving Equipment 134,864 66000 Total Capital Outlay 2,021,353$ ATTACHMENT E Department:N/A Program: Fleet and Heavy Equipment #811 Account 2024 Adopted Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Fleet and Heavy Equipment General Goverenment: Police Chevy Tahoe 56,634 Police Chevy Tahoe 56,577 Police Chevy Tahoe 56,577 Police Chevy Tahoe 56,577 Facilities Van 34,323 Operations Chevrolet K2500 HD 41,578 Carryover from 2023 Ford Interceptor Utility Hybrid: Replaces #353 67,642 Replaces #355 67,642 Take Home Vehicles (6 Ford Interceptors)505,922 66501 Automobiles and Light-duty Trucks 943,471 66502 Heavy Trucks and Moving Equipment - 66000 Total Capital Outlay 943,471$ ATTACHMENT E Department:N/A Program:Recreation Equipment #812 2024 Account Adopted Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Recreation Center Aquatics Rock Wall 10,999$ 8 LCD Televisions (Fitness)6,340 Olympic Bars 1500 lbs (8)2,809 66407 Athletic and Recreational Equipment 20,148 66000 Total Capital Outlay 20,148$ ATTACHMENT E Department:N/A Program:Computers and Office Equipment #813 2024 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Computers and Office Equipment 66401 Office Equipment Livescan finger printing maching 20,877 Information Technology: 2024: Switch Upgrade: Replaces #19113, #19114, #19115 226,357$ Audio Codes Voice Equip 12,881 Jabra Phone Equip 25,484 DC - VMHOST03 Server 16,677 BU-VMHOST server 16,677 - 66402 Computers and Peripherals 318,953 66403 Audio / Visual Recycle Center Camera 9,088 66404 Furniture and Fixtures Replacement Server Cabinent - 66000 Total Capital Outlay 328,041$ ATTACHMENT E Department:N/A Program:Computers and Office Equipment #813 2024 Account Adopted Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Computers and Office Equipment Information Technology: 2024: Switch Upgrade: Replaces #19113, #19114, #19115 226,357$ Audio Codes Voice Equip 12,881 Jabra Phone Equip 25,484 DC - VMHOST03 Server 16,677 BU-VMHOST server 16,677 - 66402 Computers and Peripherals 298,076 66403 Audio / Visual Recycle Center Camera 9,088 66404 Furniture and Fixtures Replacement Server Cabinent - 66000 Total Capital Outlay 307,164$ ATTACHEMENT E Department:N/A Program:Machinery and Equipment #814 2024 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Machinery and Equipment PARKS ToroGroundmastter Mower 69626 Club Car Carryall 15381 17118 86,744$ 66499 Other Machinery and Equipment 86,744 66000 Total Capital Outlay 86,744$ ATTACHMENT E Department:N/A Program:Machinery and Equipment #814 2024 Account Adopted Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Machinery and Equipment PARKS ToroGroundmastter Mower 69626 Club Car Carryall 15381 Fleet Cold Saw/Stand 8893 Lathe 7761 85,007$ 66499 Other Machinery and Equipment 85,007 66000 Total Capital Outlay 85,007$ ATTACHEMENT E Department:N/A Program:Heat Recovery #815 2024 Account Amended Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Heat Recovery Buildings and Facilities: Heat Recovery Amendment 23,145 Heat Recovery Pump 7,610$ 66704 Heat Recovery 30,755 66000 Total Capital Outlay 30,755$ ATTACHMENT E Department:N/A Program:Heat Recovery #815 2024 Account Adopted Number Account Name Justification Budget EQUIPMENT REPLACEMENT: Heat Recovery Buildings and Facilities: Heat Recovery Pump 7,610$ 66704 Heat Recovery 7,610 66000 Total Capital Outlay 7,610$ ATTACHMENT E Supplement #1 Proposed Original Amended Amended Difference Actual Budget Budget Budget Increase 2023 2024 2024 2024 (Decrease) REVENUES Taxes: Short-term Rental Tax 1,041,364$ 1,060,900$ 1,060,900$ 1,060,900$ -$ Intergovernmental: State Grants 200,000 200,000 200,000 - Other Local Grants 16,000 16,000 16,000 - Charges for Services:- Rental Revenues - Employees 78,015 79,614 79,614 79,614 - Rental Revenues - Employees - Investment Earnings - - - Other Revenue:- Bond Issuance Fees 15,381 9,000 9,000 9,000 - Loan Principal Repayment - - - Nonclassified Revenues - - - - Total Operating Revenues 1,134,760 1,365,514 1,365,514 1,365,514 - - Other Sources - Operating Transfers-In (RETT)734,871 450,000 652,929 652,929 - - Total Other Sources 734,871 450,000 652,929 652,929 - - TOTAL REVENUES 1,869,631 1,815,514 2,018,443 2,018,443 - - EXPENDITURES - General Government:- Community Housing Capital Projects:- Planning and Consulting 205,200 1,644,000 1,644,000 1,644,000 - Facilities - - 51,000 51,000 Mi Casa Deed Restriction Program 244,732 600,000 1,874,550 1,874,550 - Grant Consulting 26,000 26,000 26,000 - Tract Y Contribution 600,000 600,000 600,000 - Community Housing Operating Expenditures -1,000 1,000 1,000 - - TOTAL EXPENDITURES 449,932 2,871,000 4,145,550 4,196,550 51,000 NET SOURCE (USE) OF FUNDS 1,419,699 (1,055,486) (2,127,107) (2,178,107) (51,000) FUND BALANCES, Beginning of Year 1,628,440 1,169,299 3,048,139 3,048,139 - 0 FUND BALANCES, End of Year 3,048,139$ 113,813$ 921,032$ 870,032$ (51,000)$ Fund Summary MUNICIPAL SERVICES Community Housing Fund #25 ATTACHMENT F Fund Summary Proposed Original Budget Difference Audited Budget Amendment #2 Increase 2023 2024 2024 (Decrease) REVENUES Charges for Services: Water Surcharges 169,614$ 170,000$ 170,000$ -$ Tap Fees 454,434 340,000 340,000 - Tap Fees - Mountain Star - 12,000 12,000 - Total Charges for Services 624,048 522,000 522,000 - Other Revenues Nonclassified Revenues - - - - TOTAL REVENUES 624,048$ 522,000$ 522,000$ - EXPENDITURES Water Utilities 113,141 113,321 116,321 3,000 Total Operating Expenditures 113,141 113,321 116,321 3,000 Other Uses Transfers Out - Capital Projects Fund 1,089,085 500,000 500,000 - TOTAL EXPENDITURES 1,202,226 613,321 616,321 3,000 NET SOURCE (USE) OF FUNDS (578,178) (91,321) (94,321) (3,000) FUND BALANCES, Beginning of Year 1,008,884 463,069 430,706 (32,363) FUND BALANCES, End of Year 430,706$ 371,748$ 336,385$ (35,363)$ FUND BALANCES: Restricted For: Water Projects 430,706$ 371,748$ 336,385$ (35,363)$ TOTAL FUND BALANCES 430,706$ 371,748$ 336,385$ (35,363)$ Water Fund #24 Supplemental Amendment #2 ATTACHMENT G 970.748.4088 predmond@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Paul Redmond, Chief Finance Officer RE: 2025 Budget Update on Revenue Projections DATE: September 11, 2024 SUMMARY: This report introduces to Council the projected budget revenues for 2025 across several funds. The Finance Committee reviewed this information on September 16th and provided their feedback on the projections. Staff will then continue to build the other budget components to present the first draft of the 2025 Town Budget on October 22 at the Council’s retreat. The final budget is slated for final adoption in December. BUDGET APPROACH: The Town Manager strives to present a balanced budget, where the projected operating revenues for the next year match or exceed the projected operating expenses. The Town traditionally budgets conservatively with both revenues and expenses after reviewing historical trends, town council priorities, and an analysis of capital projects. The town’s actual revenue collections are usually higher than budgeted revenues. The conservative budgeting practices have helped the Town remain financially stable and has prevented it from overcommitting to operating expenses that are not sustainable. REVENUE PROJECTIONS: Revenue projections are modest and conservative. Not included in the Revenue Projections is the possibility of the Use Tax on Construction materials passing this November. Staff prefers to wait until the results of the election before including any increased revenues from the referred 4% Use Tax on Construction Materials. Sales tax projections take into account the likely increase in sales tax revenue as the newly Spring Hill Suites is completed and Phase II of Frontgate is finished and occupied. GENERAL FUND REVENUES: Total tax revenues in 2025 are projected to be relatively flat for 2025 compared to the 2024 budget. Property Tax collections are projected to remain the same in 2025 compared to 2024. The increase from property taxes collections from 2023 to 2024 is 42% or $871,950. Real estate values have seen dramatic increases over the past several years. To help reduce some of these impacts for property owners, House Bill 24B-1001 was passed and lowers assessed valuation for lodging property owners, extending rates and value subtractions ($30,000) for the 2023 property tax year into property tax year 2024. The adopted legislation also lowers residential assessment rates beginning with the 2025 property tax year for both local governments and school districts based on the growth rate of actual values statewide from 2024 to 2025. And lastly, the bill reduces the assessment rates for most types of nonresidential property through the 2027 property tax year. Sales Tax is the Towns largest revenue stream. In 2021 the Town saw a 26% increase in sales tax revenues compared to 2020 and then another 14% increase in 2022 (up from 2021). The Town started to see a modest increase in 2023 as the growth was 2% over the prior year. This year’s collections started flat compared to 2023. However, we have not been realizing the same trends from the two previous years. The second quarter of 2024 saw a drop in sales tax revenues of approximately 6% from the same time last year. Sales tax revenues for 2024 is projected to be relatively flat compared to 2023. The Town does expect some growth in sales tax revenues as a result of the completion of new development; the Spring Hill Suites, One Riverfront and Frontgate are expected to bring more visitors to Town. Page 2 of 3 The chart below shows the sales tax collection by quarter and includes the 2024 forecast and 2025 projections for the Town’s 4% Sales Tax. Licenses and permits are budgeted to increase for 2025 as there continues to be a steady submittal of building permits year after year. Similarly, plan check fees are projected to increase with our historical averages. Recreation admission fees and program fees are projected to increase as we continue to see visitor growth in this department with the programs being offered. Intergovernmental revenues are projected to increase by $22,000 due to the addition of the Avon Best & Brightest internship program. The overall budget decrease for the General Fund is 1% or $293 221. The General Fund Revenues can be seen on Attachment A. CIP FUND REVENUES: Real Estate Transfer Tax revenues are conservatively projected at $5,000,000 which are derived from the Town of Avon 2% Real Estate Transfer Tax. It is expected that the completion and sale of new real estate from the Frontgate projects will offset any decline in revenues from the downturn in real estate due to interest rate increases. The dedication of Real Estate Transfer Tax revenues to capital improvements is unique to Avon and has created a stable CIP Fund with adequate fund balances to continue with street resurfacing, facility replacements, and implementation of community projects identified in the Town’s Comprehensive Plan documents. COMMUNITY HOUSING FUND: Avon voters approved a 2% short-term rental tax in November, 2021 that began generating tax revenues in January, 2022. Estimated tax revenues are projected to decrease to $1,001,100 in the 2025 Budget. The 5.64% decrease is largely due to fewer short-term licenses being issued. These revenues are dedicated to community housing projects and staff is currently reviewing several future projects. If voters approve the Use Tax on Construction Materials, the Community Housing Fund will see an increase in revenues by approximately $2,000,000, however, this will affect the Sales Tax in the General Fund as the Sales Tax on Construction Materials will no longer be collected. $- $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 $3,000,000.00 $3,500,000.00 $4,000,000.00 $4,500,000.00 Jan-Mar Apr-Jun Jul-Sept Oct-Dec SALES TAX FOR THE LAST 5 YEARS 2019 2020 2021 2022 2023 2024 2025 Page 3 of 3 WATER FUND: The Water Fund collects revenues which are restricted to water related projects and expenses. Revenues are generated by a $4,000 per Single Family Equivalent (SFE) water tap fee and a $3.25/SFE/month fee on the water bill. Expenditures in the Water Fund include engineering and construction of projects, water attorney fees and irrigation ditch maintenance. The water surcharges coming into the Water Fund are very consistent every year. Council is asked to consider a proposal to increase these rates by 2% in 2025. This will have a minimal impact on the consumers as the price per SFE will increase by approximately six cents. We have reduced the Tap Fees revenues to $25,000 as the Town has not seen an permits for larger projects in 2025. FLEET MAINTENANCE FUND: The Fleet Maintenance Fund is an enterprise operation and is used to account for operations that are financed and operated in a manner similar to private business enterprises, where the costs of providing services to the Town's departments, other governmental third-party agencies, and up to 10% private clients, can be fully recovered through user charges. Monies may also be provided to the Fleet Maintenance Fund from general taxes collected by the Town of Avon, when appropriate, to ensure a positive net income on an annual basis. The Fleet labor billing will be increased 7% in 2025. OTHER FUNDS: The Town’s other funds are established to segregate revenues from specific sources for specific purposes, including the Avon Urban Renewable Fund, Community Enhancement Fund and Exterior Energy Offset Fund are all projected to remain flat in with no increase in 2025. After reducing the Disposable Paper Bag Fee in 2024 we are projecting this to increase in 2025 by $10,000 as one local vendor has started selling paper bags again. We have seen There are no substantial changes to these funds in 2023. Thank you, Paul ATTACHMENT A - General Fund Revenues Parent Budget 2025 % Account Number 2022 Total Activity 2023 Total Activity 2024 YTD Activity 2024 2024 2024 Projection 2025 2025 Increase / (Decrease) Category: 51000 - Taxes Revenu PROPERTY TAX - CURRENT 2,107,960.86 2,086,973.67 2,958,923.62 2,961,699.00 2,958,923.62 2,961,699.00 - 0% PROPERTY TAX - DELINQUENT 8.08 181.99 - 500.00 - 500.00 - 0% CURRENT & DELINQUENT INTEREST 2,391.03 2,274.95 2,210.72 1,900.00 2,210.72 1,900.00 - 0% PROPERTY TAX - ABATEMENTS (913.34) (1.01)(3,462.00) - (3,462.00) - - 0% SPECIFIC OWNERSHIP TAXES 130,200.79 137,110.68 94,688.19 130,000.00 189,376.38 130,000.00 - 0% GENERAL SALES TAX 13,186,930.70 13,054,192.74 6,666,699.32 14,079,150.00 13,184,366.39 13,445,818.00 (633,332.00) -4% UTILITY TAX 139,369.68 154,918.47 67,254.84 120,000.00 115,294.01 130,000.00 10,000.00 8% ACCOMMODATIONS TAX 2,494,535.14 2,323,443.40 1,239,096.05 2,558,503.00 2,152,523.37 2,458,503.00 (100,000.00) -4% PENALTIES & INTEREST 59,338.20 64,547.59 31,274.78 50,000.00 53,613.91 50,000.00 - 0% SALES TAX AUDIT ASSESSMENTS 4,917.78 13,299.69 36,286.79 50,000.00 45,000.00 50,000.00 - 0% EAGLE COUNTY SALES TAX 712,986.76 693,826.06 349,109.85 746,750.00 698,219.70 746,750.00 - 0% EAGLE COUNTY ROAD & BRIDGE 155,134.94 153,590.39 215,418.00 150,000.00 215,418.00 175,000.00 25,000.00 17% VAA RETAIL SALES FEE 991,380.51 1,051,948.55 620,142.58 1,100,000.00 1,063,101.57 1,100,000.00 - 0% CIGARETTE EXCISE TAX 247,799.31 254,013.96 116,175.00 245,000.00 247,350.00 245,000.00 - 0% SALES TAX - TOBACCO PRODUCTS 348,916.91 374,119.86 161,885.07 360,000.00 338,770.14 360,000.00 - 0% FRANCHISE FEE 487,722.68 504,749.07 270,409.13 440,000.00 463,558.51 460,000.00 20,000.00 5% Total Revenue:21,068,680.03 20,869,190.06 12,826,111.94 22,993,502.00 22,198,965.29 22,315,170.00 (678,332.00) -28% Total Category: 51000 - Taxes:21,068,680.03 20,869,190.06 12,826,111.94 22,993,502.00 22,198,965.29 22,315,170.00 (678,332.00) Category: 52000 - Licenses and Permits Revenu LIQUOR LICENSES 6,130.00 9,103.75 3,276.25 7,500.00 6,552.50 7,500.00 - 0% BUSINESS LICENSES 177,400.00 228,125.00 111,725.00 185,000.00 223,450.00 185,000.00 - 0% CONTRACTOR'S LICENSES 21,270.00 23,280.00 13,425.00 18,625.00 26,850.00 18,625.00 - 0% TOBACCO/CIGARETTE LICENSES 1,250.00 3,000.00 1,000.00 1,750.00 2,000.00 1,750.00 - 0% BOOTING & TOWING LICENSES 300.00 450.00 300.00 600.00 600.00 600.00 - 0% BUILDING PERMITS 1,234,979.54 276,074.80 307,987.58 190,000.00 350,000.00 225,000.00 35,000.00 18% ROAD CUT PERMITS 64,892.57 60,937.00 22,503.00 9,000.00 30,000.00 20,000.00 11,000.00 122% MOBILE VENDOR CART PERMIT 175.00 700.00 525.00 700.00 1,050.00 700.00 - 0% Total Revenue:1,506,397.11 601,670.55 460,741.83 413,175.00 640,502.50 459,175.00 46,000.00 0% Total Category: 52000 - Licenses and Permits:1,506,397.11 601,670.55 460,741.83 413,175.00 640,502.50 459,175.00 46,000.00 Category: 53000 - Intergovernmental Revenu CLICK IT OR TICKET - - - 3,000.00 - - (3,000.00) -100% BULLET PROOF VEST GRANT 2,134.69 2,143.44 - 2,000.00 2,000.00 2,000.00 - 0% LEAF GRANT 12,148.60 - - 12,500.00 12,500.00 12,500.00 - 0% HIGH VISIBILITY GRANT 19,820.35 27,777.38 19,651.17 20,000.00 19,651.17 20,000.00 - 0% COLORADO POST GRANTS 34,396.66 3,441.40 25,912.72 45,000.00 25,912.72 45,000.00 - 0% AVONS BEST & BRIGHTEST 15,166.71 525.60 - - 22,000.00 25,000.00 25,000.00 0% OTHER STATE GRANTS 78,840.69 24,317.89 67,898.55 - 80,000.00 100,000.00 100,000.00 0% CONSERVATION TRUST 78,579.43 84,408.39 39,994.94 80,000.00 80,000.00 80,000.00 - 0% MOTOR VEHICLE REGISTRATION FEES 26,062.64 23,745.55 14,336.14 26,000.00 28,000.00 26,000.00 - 0% HIGHWAY USERS TAX 197,952.30 192,134.66 109,916.19 191,805.00 191,000.00 191,805.00 - 0% SEVERANCE TAX 2,406.70 1,333.31 - 2,400.00 2,400.00 2,400.00 - 0% RETAIL DELIVERY FEE - 6,931.78 3,662.69 6,000.00 5,500.00 6,000.00 - 0% LOCAL INTERGOVERNMENTAL PARTICIPATION - 7,500.00 - - - - - 0% OTHER GRANTS 1,306.87 810.00 - - - - - 0% Total Revenue:468,815.64 375,069.40 281,372.40 388,705.00 468,963.89 510,705.00 122,000.00 -100% Total Category: 53000 - Intergovernmental:468,815.64 375,069.40 281,372.40 388,705.00 468,963.89 510,705.00 122,000.00 GENERAL FUND ATTACHMENT A Parent Budget 2025 % Account Number 2022 Total Activity 2023 Total Activity 2024 YTD Activity 2024 2024 2024 Projection 2025 2025 Increase / (Decrease) GENERAL FUND Category: 54000 - Charges for Services Revenu PHOTOCOPYING CHARGES - - - 100.00 - - (100.00) -100% LICENSE HEARING FEES - - - 100.00 - - (100.00) -100% OTHER FEES & CHARGES 1,035.43 528.94 703.72 3,500.00 950.00 2,500.00 (1,000.00) -29% CC & PAPER FILING FEE 3,498.99 3,412.97 1,564.03 2,500.00 2,000.00 2,500.00 - 0% PLAN CHECK FEES 796,624.57 168,369.68 194,668.00 120,000.00 194,668.00 150,000.00 30,000.00 25% DEVELOPMENT REVIEW FEES 20,355.00 6,029.00 13,713.48 15,000.00 15,000.00 15,000.00 - 0% ANIMAL CONTROL FEES - - - 150.00 - - (150.00) -100% IMPACT FEE ADMIN CHARGE 10,428.24 4,407.84 4,399.98 1,500.00 4,400.00 2,500.00 1,000.00 67% POLICE REPORTS 798.35 811.66 462.00 1,000.00 900.00 1,000.00 - 0% OFF-DUTY POLICE EMPLOYMNT 16,911.00 15,848.50 26,746.00 25,000.00 28,000.00 27,500.00 2,500.00 10% FINGERPRINTING FEES 930.00 830.00 460.00 500.00 520.00 750.00 250.00 50% V.I.N. INSPECTION FEES 1,695.00 2,195.42 1,440.21 2,000.00 2,000.00 2,000.00 - 0% FALSE ALARM FEES 25.00 30.00 20.00 75.00 50.00 75.00 - 0% MISC POLICE DEPT. FEES (DUI, ETC)9,619.66 12,319.45 9,787.04 15,000.00 15,000.00 15,000.00 - 0% AVON REC CTR ADMISSIONS 1,159,000.47 1,312,760.88 851,457.00 1,140,000.00 1,277,185.50 1,200,000.00 60,000.00 5% AVON REC CTR PROGRAM FEES 23,638.40 28,746.50 22,005.75 30,000.00 25,000.00 30,000.00 - 0% AVON REC CTR FACILITY RENTALS 18,904.22 25,321.69 13,691.37 18,000.00 18,000.00 20,000.00 2,000.00 11% SALES OF MERCHANDISE 6,012.00 9,471.50 5,236.00 10,000.00 8,500.00 9,000.00 (1,000.00) -10% OTHER SERVICES 8,802.00 10,786.00 6,476.00 8,800.00 8,500.00 8,800.00 - 0% FITNESS PROGRAM REVENUES 46,093.50 53,696.00 26,977.50 45,000.00 42,000.00 40,000.00 (5,000.00) -11% SWIM TEAM REVENUE 47,876.70 55,186.52 29,210.16 48,000.00 50,000.00 48,000.00 - 0% PRIVATE LESSON REVENUE 14,943.00 19,364.50 18,426.00 30,000.00 22,000.00 25,000.00 (5,000.00) -17% AVON REC CTR GIFT CARDS - 350.00 - 1,000.00 350.00 1,000.00 - 0% ADULT PROGRAM FEES 10,950.00 28,765.00 18,837.00 14,000.00 25,000.00 25,000.00 11,000.00 79% CABIN EQUIPMENT RENTALS 35,976.12 38,325.14 9,508.36 35,000.00 28,525.08 35,000.00 - 0% RENTALS-ATHLETIC FIELDS 500.00 220.00 360.00 240.00 360.00 240.00 - 0% CABIN CONCESSIONS - 86.00 68.00 500.00 100.00 500.00 - 0% YOUTH PROGRAM REVENUES 129,331.17 162,977.27 139,136.43 150,000.00 175,000.00 180,000.00 30,000.00 20% CONCESSION SALES 65,092.00 98,045.00 88,652.00 96,130.00 96,000.00 94,131.00 (1,999.00) -2% SPONSORSHIPS - 1,350.00 8,000.00 10,000.00 8,000.00 10,000.00 - 0% SPECIAL EVENT FEES 13,780.00 15,573.40 26,005.00 15,850.00 28,000.00 36,600.00 20,750.00 131% SPECIAL EVENT ADMISSION FEES 2,637.00 1,851.00 - 1,800.00 - 500.00 (1,300.00) -72% PAVILION RENTAL FEES 4,020.00 5,116.00 3,492.00 5,000.00 4,000.00 5,000.00 - 0% Total Revenue:2,449,477.82 2,082,775.86 1,521,503.03 1,845,745.00 2,080,008.58 1,987,596.00 141,851.00 8% Total Category: 54000 - Charges for Services:2,449,477.82 2,082,775.86 1,521,503.03 1,845,745.00 2,080,008.58 1,987,596.00 141,851.00 Category: 55000 - Fines and Forfeitures Revenu COURT FINES - TRAFFIC 21,531.00 18,945.00 18,704.00 23,000.00 22,000.00 23,000.00 - 0% COURT FINES - CRIMINAL 1,980.00 18,760.00 23,550.00 6,500.00 23,550.00 20,000.00 13,500.00 208% COURT FINES - PARKING 2,520.00 2,390.00 2,145.00 3,000.00 3,000.00 3,000.00 - 0% COURT COSTS 550.00 2,000.00 2,945.00 3,000.00 3,500.00 3,000.00 - 0% JURY FEES - - - 100.00 - 100.00 - 0% BOND FORFEITURES - - - 100.00 - 100.00 - 0% POLICE TRAINING SURCHARGE 1,610.00 2,610.00 2,595.00 3,000.00 2,595.00 3,000.00 - 0% Total Revenue:28,191.00 44,705.00 49,939.00 38,700.00 54,645.00 52,200.00 13,500.00 0% Total Category: 55000 - Fines and Forfeitures:28,191.00 44,705.00 49,939.00 38,700.00 54,645.00 52,200.00 13,500.00 Parent Budget 2025 % Account Number 2022 Total Activity 2023 Total Activity 2024 YTD Activity 2024 2024 2024 Projection 2025 2025 Increase / (Decrease) GENERAL FUND Category: 57000 - Investment Earnings Revenu INTEREST EARNINGS 444,753.83 1,689,099.08 937,980.63 1,500,000.00 1,550,000.00 1,500,000.00 - 0% UNREALIZED GAIN (LOSS) ON INVESTMENTS(14,898.11) 71,450.79 4,101.81 - - - - 0% Total Revenue:429,855.72 1,760,549.87 942,082.44 1,500,000.00 1,550,000.00 1,500,000.00 - 0% Total Category: 57000 - Investment Earnings:429,855.72 1,760,549.87 942,082.44 1,500,000.00 1,550,000.00 1,500,000.00 - Category: 58000 - Other Revenues Revenu RECREATIONAL AMENITY FEES 335,324.98 349,154.62 177,069.12 330,000.00 354,138.24 345,000.00 15,000.00 5% LEASE OF TOWN OWNED PROPERTY 4,617.00 4,350.00 - 3,500.00 - 3,500.00 - 0% RETURNED CHECK FEE 70.00 - - - - - - 0% RESTITUTION & INSURANCE REIMBURSEMENT54,311.62 73,445.03 (1,955.35) - (2,000.00) - - 0% MISCELLANEOUS REFUNDS 21,910.33 590.29 6,230.00 - 6,230.00 - - 0% CONTRIBUTIONS & DONATIONS 6,000.00 10,583.18 - - - - - 0% DEVELOPMENT REIMBURSEMENT - (563.50)- - - - - 0% PARKING REVENUE - 0.50 6,388.00 - 6,388.00 7,500.00 7,500.00 0% MISCELLANEOUS REIMBURSEMENT 37,832.97 47,926.71 - - - - - 0% MISC NONCLASSIFIED REVENUE 23,168.30 28,721.01 23,749.30 125,000.00 250,000.00 125,000.00 - 0% Total Revenue:483,235.20 514,207.84 211,481.07 458,500.00 614,756.24 481,000.00 22,500.00 5% Total Category: 58000 - Other Revenues:483,235.20 514,207.84 211,481.07 458,500.00 614,756.24 481,000.00 22,500.00 Category: 59000 - Other Sources Revenu OPERATING TRANSFERS IN 494,593.00 600,473.00 - 618,487.00 618,487.00 657,747.00 39,260.00 0% OPERATING LEASE PROCEEDS 134,662.00 122,352.00 - -- - - 0% Total Revenue:629,255.00 722,825.00 - 618,487.00 618,487.00 657,747.00 39,260.00 0% Total Category: 59000 - Other Sources:629,255.00 722,825.00 - 618,487.00 618,487.00 657,747.00 39,260.00 Report Total:27,063,907.52 26,970,993.58 16,293,231.71 28,256,814.00 28,226,328.50 27,963,593.00 (293,221.00) -1% Page 1 of 9 TO: Honorable Mayor Amy Phillips and Council Members FROM: Eric Heil, Town Manager, Eva Wilson, Public Works Director, and Paul Redmond, Chief Finance Officer RE: 2025 Capital Improvements Projects DATE: September 2, 2024 SUMMARY: This first of two work sessions serves as an introduction to the Avon Capital Improvement Program (CIP) and an opportunity to review the long-range Capital Improvements Project Plan (“CIP Plan”). This report estimates available revenues, describes CIP Plan policies, and introduces projects and options to the Council. Several large construction projects are NOT included in the 5 Year CIP Plan at this time because they will depend upon grant awards or entitlements. These projects include: • Recreation Center Refurbishment • Old Fire Station – Community Art Facility • HAN Park Irrigation • Skate Park • Photovotaic/Battery Storage for Swift Gulch Campus • Flood Mitigation • Avondale Apartments • Slopeside Apartments • Planning Area E Housing Project There is a larger CIP fund balance that will carry forward without these projects. When grant funding and entitlements are determined Staff will propose adding these projects into the 5 Year CIP Plan through the Budget Amendment process. REQUESTED COUNCIL DIRECTION: This is an initial work session on updating the Town’s five-year CIP Plan. There are new projects, including several projects that require planning and design before there is a more accurate estimate of project costs. Council questions or requests for more detailed information are welcome and encouraged. Staff presentation will focus on the status of the 2024 CIP projects and the 2025 CIP list. Staff will be prepared to discuss any project on the proposed 202 5 5-year CIP Plan list. Ultimately, Council direction is desired to prioritize projects in the CIP Plan as part of the complete 2025 Budget. CIP POLICIES: The following policies have been used for the CIP fund: • The Town strives to maintain a minimum $1,000,000 balance in the CIP fund for emergencies and unforeseen capital improvement expenditures. • The projected RETT revenue base of $8.5 million is conservative. The projected revenue was increased from the $4 million used in previous budgets. Revenues that exceed the annual budget projection carry over in the fund balance to the next budget year. • The Avon Urban Renewal Area currently has $1,750,000 available for capital improvements within the West Avon Investment Plan area (west of Avon Road, north of Eagle River, east of Avon Elementary Page 2 of 9 School, and north to the Buck Creek Medical Plaza north of I -70. The West Avon Urban Renewal Plan broadly authorizes the expenditure of URA funds on Town properties and Town public infrastructure in this area. AVAILABLE REVENUE: The CIP funds consists of the following revenue sources: CIP REVENUES for 2025 Real Estate Transfer Tax $ 5,000,000.00 Real Estate Transfer Tax interest earnings $ 200,000.00 DOLA Grants (East Park restrooms) $ 1,000,000.00 GOCO Grant (Eagle Bend Park) $ 375,000.00 CDOT Revitalize Main Street Grant (US6 Pedestrian Safety) $ 2,000,000.00 Eagle County Cost Share (US6 Pedestrian Safety) $1,300,000 CDOT Highway Safety Improvement Grant (Avon Rd Pedestrian Safety) $ 441,000.00 Community Contributions $ 15,000.00 Community Enhancement Fund $ 361,000.00 Water Fund $ 400,000.00 Equipment Replacement Fund $ 425,000.00 Avon Urban Renewal Authority $ 1,750,000.00 TOTAL Projected Revenues $ 13,267,000.00 Projected Unreserved Fund Balance 2024 $ 7,684,369.00 TOTAL AVAILABLE FUNDS for 2025 $ 20,951,369.00 Potential CIP Expenditures in 2025 $ 9,689,222.00 Projected Unreserved Fund Balance for 2026 $ 11,262,147.00 Capital Projects Scheduling: The cost of capital improvement projects is most effectively reduced with thorough planning and design prior to bidding for construction. Due to the construction season cycles and the high demand for construction work, an effective process to manage co st requires planning and design in the first year for a new project, and then bidding and construction the following year. Capital Projects Prioritization: A master list of projects is developed based on existing maintenance needs, requests from the Leadership Team and Council, and the Comprehensive Plan and Sub-Plans. Projects are prioritized and recommended for inclusion in the Capital Projects Fund based on the following criteria: • Maintenance of Existing Infrastructure and Facilities. Existing infrastructure and facilities should be well maintained (1) to prevent deterioration that may be costly to repair, (2) to maintain the intended functionality of all infrastructure and facilities, and (3) to prevent the appearance of disrepair or neglect. These projects are identified by staff as “Non-Discretionary”. Page 3 of 9 • Public Safety. The protection of the public’s safety includes flood mitigation, fire prevention, and pedestrian safety. • Climate Goals and Water Quality. The Town’s adopted Climate Action Plan recommends reducing the amount of carbon generated by operating our facilities and improving the quality of water in the Eagle River. • Implementation of Town of Avon Comprehensive Plan. The Comprehensive Plan recommends improvements along the Main Street Mall and Harry A. Nottingham Park including extension of the Main Street Mall to Lake Street and redevelopment of the former Town Hall and Fire Station Sites. Year-End Fund Balance: The year-end unreserved fund balance of the Capital Projects fund is budgeted to stay above $1,000,000 to ensure a stable cash flow and ensure availability for unexpected projects. The year-end fund balances for the 5-year Capital Projects Fund are summarized below: CAPITAL PROJECTS FUND YEAR-END UNRESERVED FUND BALANCE STATUS OF 2024 CIP PROJECTS AND ROLLOVERS TO 2025. Project Execution: Staff have completed 16 CIP projects worth over $3,000,000 in Construction and managing 30 projects worth $28,000,000 in Design/Construction. Inflation in construction costs continues to impact project execution. The use of Contract support such as Owner Representatives and Construction Management helped support the surges/peaks of project management in 2024. Project Cost Estimating: The accuracy and reliability of project cost estimating increases as a project progresses from the Planning Phase to the Schematic Design phase, and to Design Complete. During the early phases of a project, contingencies are added based on the complexity of the project. Typical Project Cost Estimating phases: Page 4 of 9 • Planning Cost Estimate: Project at conceptual stage. No site investigation. Contingency: 25% to 50% • Schematic Design: Facility layout/square footage/dimensions known. Desired amenities known. No site investigation. Contingency: 10%-30% • Design Complete: As design progresses from 30%, 60%, and 90%, to design complete, cost estimates will assist/direct the design based on affordability. Utilities and site investigation/testing completed. Construction-ready documents. Contingency: 0% - 10% Project Solicitation Process: The Town of Avon uses Bidnet Direct for formal solicitations for design and construction services. In addition, local and established contractors with a positive history are contacted. For smaller projects, typically below $50,000, Staff reaches out to local and established contractors with a positive history for at least three (3) bids. Typically, the best time of the year to solicit projects is Oct and Nov when contractors start planning and filling their next year’s work plan. COMPLETED/ANTICIPATED COMPLETE 2024 CIP PROJECTS: Page 5 of 9 Page 6 of 9 ACTIVE/ROLLOVER 2024 CIP PROJECTS: The Engineering, Facilities, and Operations Team continues to manage the below projects. 2024 CAPITAL PROJECTS ROLLOVER to 2025: Page 7 of 9 Page 8 of 9 NEW PROJECTS FOR 2025: The following projects are new for 2025. The project lists are divided into non-discretionary and discretionary categories. Staff recommends non-discretionary projects which are required to maintain existing facilities and infrastructure, council-approved intergovernmental agreements, and projects that have already started construction. Discretionary projects are for new public infrastructure and facilities which are NOT considered essential to prevent the deterioration of existing infrastructure and facilities. New 2025 CAPITAL PROJECTS – FACILITIES New 2025 CAPITAL PROJECTS – PARKS & OPEN SPACE New 2025 CAPITAL PROJECTS – STREETS AND PARKING Page 9 of 9 New 2024 CAPITAL PROJECTS – UTILITIES TOWN MANAGER COMMENTS: The CIP Plan for 2025 will need to focus first and foremost on prioritizing projects per Council direction but limited to the projects that Engineering can effectively manage. This is likely to result in several projects deferring or carrying over to 2026. Large projects which have high priority for 2025 include: 1. Public Works Garage 2. East Nottingham Park Restrooms 3. Eagle Bend Park 4. US6 Pedestrian Safety 5. Avon Road Pedestrian Safety 6. West Beaver Creek Bridge/Railing Repair 7. Recycle Center Upgrade 8. Old Trail Road Overlay REQUESTED DIRECTION: Council direction and additional project suggestions are requested. Thank you, Eric, Eva, and Paul ATTACHMENT A: 5-Year Capital Improvements Project Inventory ATTACHMENT B: General Fund and CIP Fund Balances ATTACHMENT C: Slideshow of Capital Improvement Projects CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL * RED signifies "New or Increased Budget" Project # Capital Improvement Projects 2026 2027 2028 2029 Facilities 11029 Building Access Control 82,650 82,650 - - - - - 11033 IT Office Expansion 30,000 30,000 - - - - - 12008 PD Cooling Tower Chemical loop pump 12,000 12,000 - - - - - 14028 Fleet Vehicle Lifts Repair*320,000 320,000 - - - - - 15042 Monument Signs for Pocket Parks 75,000 75,000 - - - - - 14020 Fleet Maintenance - HVAC / AC 25,000 25,000 - - - - - 14022 ARTF - Roof Repair 140,000 140,000 - - - - - 14025 ARTF - HVAC Separation 170,000 312,000 - - - - - 14027 Fleet Compressor System 40,000 40,000 - - - - - 14029 ARTF Furniture for Facilities 50,000 50,000 - - - 15035 Pool area LED replacement 100,000 100,000 - - - - - 15039 Rec Center additional 8 new cameras 25,000 25,000 - - - - - 15041 Rec Center Furniture 15,000 15,000 - - - - - 13014 Public Works Garage (Planning, Design, Mgt)600,000 600,000 - - - - - 13015 Public Works Garage (Construction)4,290,000 4,200,000 3,290,000 - - - - - 15029 Recreation Center Aquatics Deck Repair 2,800,000 800,000 70,000 - - - 15034 Additional Production Lighting and Signage for Stage 100,000 50,000 47,464 100,000 - - - - 14010 Fleet Maintenance EPDM Roof Replacement 460,000 460,000 449,500 - - - - - 14024 ARTF - BAS / HVAC PM 165,600 165,600 165,600 - - - - - NEW PSF Security Systems (access)155,000 - - - 155,000 - - NEW PSF HVAC BAS 75,000 - - - 75,000 - - 15025 Metcalf Family Cabin (TBD)70,000 20,000 20,000 - - - - 15036 Picnic Pavilion Design (Fit Court)35,000 35,000 35,000 - - - - - 15037 Improve Rear Access to Rec Center 150,000 150,000 - 150,000 - - - 15038 Rec Center Building Key Card Access 50,000 62,650 62,650 - - - - - NEW Fleet HVAC Repair and Replacement - - - 120,000 - - - - NEW Rec Center Roof Repairs - - - 10,000 - - - - NEW Rec Center Painting - - - 20,000 - - - - NEW Fleet Wash Bay Lift 300,000 NEW Fitness Area Floor Replacement - - - 110,000 - - - - NEW Rec Center Office Area Expansion - - - 75,000 - - - - NEW Rec Center Surveillance Camera Replacements - - - 60,000 - - - - NEW Town Security Cameras (Avon Station, Pavilion, HAN Park, Courts)- - - 100,000 - - - - NEW PD Commanders Office - - - 30,000 - - - - NEW Public Works Admin and Shop building (design)- - - 250,000 - - - NEW Rec Center Break Room Remodel - - - 15,000 - - - - Parks and Open Space 15043 Swim Area Anchors Nottingham (4)40,000 40,000 - - - - - - Projected 2024 Completed Projects 2024 Non Discretionary Not-Active Current Revised Budget 2024 Carryover Updated Cost Estimate 2025 New Additional Budget 2025 2024 Active Rollover Projects 2024 Completed Projects Total Project Budget Discretionary New Projects for 2025: Non Discretionary 2024 Discretionary Not-Active Attachment A CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL * RED signifies "New or Increased Budget" Project # Capital Improvement Projects 2026 2027 2028 2029 Projected Current Revised Budget 2024 Carryover Updated Cost Estimate 2025 New Additional Budget 2025 Total Project Budget 21054 Wildland Fire Mitigation*160,000 160,000 40,000 40,000 40,000 40,000 40,000 34045 Recreation Trail Path Recon. - Lower Athletic Field*866,000 866,000 - - - - - - 34046 Hurd Lane - Recreation Trail Reconstruction*205,000 205,000 - - - - - - 34047 Eagle Valley Trail - West Reconstruction*325,000 325,000 - - - - - - 11025 H.A. Nottingham Park East Improvements**2,850,000 2,850,000 2,355,863 2,740,000 - - - 31044 Pedestrian Mall Extension 3,200,000 100,000 100,000 100,000 3,000,000 - - - 21064 Park Water Fountain Replacement*75,000 75,000 71,800 - - - - - 21066 Eaglebend Park Improvements*550,000 550,000 491,600 300,000 - - - - 21070 Special Events Meridian Barriers 66,983 66,983 - 31,520 31033 Post Blvd Irrigation Repair 150,000 150,000 - - 50,000 50,000 15044 Art Pedestal Repairs and Solar Light Install 75,000 75,000 75,000 - - - - - 21057 O'Neal Spur Park Parking Lot Rebuild*- - - 100,000 - - - - 21027 O'Neal Spur Park Improvements Design 20,000 20,000 20,000 - - - - - 21058 North Restrooms - Nottingham Lake Beach 540,000 - - - - 700,000 - - 21063 Saddle ridge Park Refresh 100,000 100,000 100,000 - - - - - 21069 West Restrooms 60,000 60,000 - - - 700,000 - - NEW Nottingham Park Rec Trail - North (WBCB to Lake Street)560,000 - - - 100,000 1,200,000 NEW EBCB Realignment I - grading work - - - 20,000 - - - - NEW HAN Pavilion - Remove Rust and Paint - - - 20,000 - - - - NEW Traer Creek Apt - P1 - - - 250,000 - - - - NEW West Avon Preserve Trail Repair 35,000 Streets and Parking 12009 EV Charging Station at PD*100,000 100,000 - - - - - - 31032 Railing Repairs at VAA 35,000 35,000 - - - - - - 31036 Riverfront/Ped Mall Manhole Repairs 60,000 60,000 - 31043 Tract A DC Fast Chargers (4)350,000 350,000 - - - - - - 32026 Retaining Wall Repairs - Nottingham Rd.200,000 200,000 - 32044 Swift Gulch Road - Buffalo Ridge Asphalt Overlay*673,474 673,474 - - - - - - 34044 June Creek Emergency Access*327,325 345,709 - - - - - - 33220 Annual Guard Rail Repair*160,000 160,000 - 40,000 40,000 40,000 40,000 40,000 ` 32030 Avon Road Safety Improvements* (RRFB-2025)450,000 450,000 300,000 300,000 150,000 150,000 150,000 150,000 32039 US Hwy 6 Safety and Mobility Improvements Project*4,600,000 4,600,000 4,033,000 1,500,000 - - - - 32046 WBCB River Bridge Deck Repair & Railing Upgrade*250,000 250,000 201,000 522,000 - - - 32035 Metcalf Road - Retaining Wall Stabilization*80,000 80,000 80,000 - 100,000 - - - 32037 WBCB - Concrete Repairs*223,701 223,701 - - 223,701 - - - 32045 Old Trail Road Asphalt Overlay*789,701 789,701 - 789,701 - - - 2024 Active Rollover Projects 2024 Active Rollover Projects Non Discretionary New Projects for 2025: 2024 Non Discretionary Not-Active 2024 Non Discretionary Not-Active 2024 Discretionary Not-Active 2024 Completed Projects CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL * RED signifies "New or Increased Budget" Project # Capital Improvement Projects 2026 2027 2028 2029 Projected Current Revised Budget 2024 Carryover Updated Cost Estimate 2025 New Additional Budget 2025 Total Project Budget 31034 I-70 Off-ramp Streetlight Repair 50,000 50,000 50,000 - - - - - 31035 Town Wide Retaining Wall Structures Analysis 80,000 80,000 80,000 - 200,000 - - - 31045 Post Blvd. Asphalt Overlay 2,750,000 250,000 250,000 - 2,500,000 - - - NEW Swift Gulch Road - East Asphalt overlay 440,000 - - - - 50,000 400,000 NEW Avon Road Asphalt Overlay 1,558,955 - - - 100,000 2,000,000 - NEW Lake Street / Riverfront Asphalt Overlay 890,000 - - 75,000 850,000 - - NEW Wildridge Road Asphalt Overlay 2,344,000 - - - 100,000 2,500,000 - NEW WBCB - Elementary School to Lake St Asphalt Overlay 650,000 - - - - - 50,000 650,000 New Projects for 2025: Non Discretionary NEW Benchmark Rd Crosswalks (2)- - - 50,000 - - - - NEW RAB5 Post Blvd Bridge Wall Repair - - - 100,000 - - - - Discretionary NEW RAB1 & 2 Avon Rd Concrete and Landscaping Redesign - - - 30,000 300,000 - - - NEW Mobile VMS Sign for Code Enforcement - - - 35,000 - - - - NEW East Beaver Creek Blvd Childcare Bus Stop - - - 150,000 - - - - Drainage 61015 Nottingham Rd Basin 4 Erosion Control 400,000 400,000 - - - - - - 61017 Nottingham Reservoir Repairs 100,000 100,000 100,000 - 200,000 - - - 61016 Puder Ditch Headgate Repair (Design & Const)675,000 75,000 75,000 25,000 1,000,000 - - - Utilities 11034 Council Chambers AV Improvements 10,000 125,000 - - - - - - 81022 Rec Center AV/WIFI upgrades 65,000 65,000 - - - - - 19011 Recycling Center Upgrade*110,000 300,000 300,000 - - - - - 21055 Power Line Undergrounding* (part East Park)120,000 120,000 120,000 362,000 - - - - 81021 Nottingham Park Wi-Fi Access**150,000 150,000 130,000 - - - - - 81011 Broadband (Connection to Thor and Avon PD)**125,000 125,000 78,473 - - - - - NEW IT Upgrades Recreation and Fleet - - - 50,000 - - - Total Capital Improvement Projects 38,570,739$ 23,570,468$ 13,081,950$ 7,288,520$ 9,590,402$ 2,960,000$ 4,930,000$ 2,480,000$ New Projects for 2025: Discretionary 2024 Discretionary Not-Active 2024 Completed Projects 2024 Non Discretionary Not-Active 2024 Active Rollover Projects 2024 Completed Projects 2024 Active Rollover Projects 2024 Discretionary Not-Active CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2023 2024 2024 2024 2025 2026 2027 2028 2029 REVENUES Real Estate Transfer Tax: Base Level 6,529,287$ 8,500,000$ 8,500,000$ 8,500,000$ 5,000,000$ 5,000,000$ 5,000,000$ 5,000,000$ 5,000,000$ Interest Earnings 422,670 300,000 300,000 300,000 200,000 200,000 150,000 100,000 75,000 Intergovernmental: Federal/State/County: Colorado Water Conservation Board - - - - - - - - - American Recovery Plan Act - 1,600,000 1,636,538 1,636,538 - - - - - DOLA Grant (East Park Restrooms)- 1,000,000 1,000,000 - 1,000,000 - 1,000,000 - - CDOT Transit Grant - - 256,000 256,000 - 2,624,000 - - - GOCO Grant (Eaglebend Playground)- -- - 375,000 - - - - 2024 Charge Ahead Grant Fast (EV Charging Station)- -- - - - - - - Eagle County Contribution (Hwy 6 Roundabout)200,000 - - 100,000 1,300,000 - - - - CDOT Revitalize Main Street Grant (Hwy 6 Roundabout)- - - - 2,000,000 - - - - CDOT Multimodal Options Fund Grant (Hwy 6 Roundabout)362,582 - 637,418 - - - - - CDOT Off-System Bridge Grant 348,397 CDOT Highway Safety Improvemetn Grant 441,000 Colorado Parks and Wildlife Grant 39,295 - - - - - - - - BRIC and FMA (Flood Mitigation Grant - - - - - - - - - Other Revenues: Contributed Infrastructure & Improvements (McGrady Acres Park)- - - - - - - - - Community Contributions - - - 422,375 15,000 - - - - Nonclassified 4,969 - - - - - - - - Total Operating Revenues 7,558,803 11,400,000 11,692,538 11,852,331 10,331,000 8,172,397 6,150,000 5,100,000 5,075,000 Other Sources: Transfers In - General Fund - Storage Facility - - 2,690,000 2,690,000 - - - - - Transfers In - Avon URA - Tract G Projects 1,000,000 1,750,000 1,750,000 1,750,000 1,750,000 1,500,000 1,000,000 1,000,000 1,000,000 Transfers In - Community Enhancement Fund - Powerline Undergrounding/LED Rec Center 120,000 100,000 100,000 100,000 361,000 100,000 100,000 100,000 100,000 Transfers In - Water Fund - Nottingham-Puder Ditch 1,089,085 500,000 500,000 100,000 400,000 - - - - Transfers In - Equipment Replacement Fund - Snow Plows - - - - 425,000 - 425,000 - - Total Other Sources 2,209,085 2,350,000 5,040,000 4,640,000 2,936,000 1,600,000 1,525,000 1,100,000 1,100,000 Total Revenues and Sources of Funds 9,767,888$ 13,750,000$ 16,732,538$ 16,492,331$ 13,267,000$ 9,772,397$ 7,675,000$ 6,200,000$ 6,175,000$ EXPENDITURES Projected Attachment B CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2023 2024 2024 2024 2025 2026 2027 2028 2029 Projected Capital Improvements: Facilities 1,188,718 1,682,000 7,769,900 5,981,726 1,010,000 400,000 230,000 - - Drainage - 1,575,000 575,000 1,775,000 25,000 1,200,000 - - - Utility Projects 1,024,717 185,000 885,000 404,153 50,000 - - - - Land and Land Improvements 54,921 1,195,238 5,642,983 2,423,810 3,796,520 3,050,000 1,450,000 140,000 1,240,000 Roads and Streets 2,360,061 2,070,175 8,697,585 10,341,991 2,205,000 4,900,402 1,240,000 4,790,000 1,240,000 Planning and Consulting 165,294 - - 135,837 - - - - - Communications and Technology 25,077 - - - - - - - - Debt Service: Capital Leases: - 2017 Commerce Bank, Plow Truck, Electrician Lift Truck 55,720 55,720 55,720 55,720 - - - - - Total Expenditures 4,874,508 6,763,133 23,626,188 21,118,237 7,086,520 9,550,402 2,920,000 4,930,000 2,480,000 Other Uses: Transfers Out - General Fund: - Engineering Department Salary and Benefits 600,473 618,487 618,487 618,487 656,747 710,377 731,688 753,639 776,248 Transfers Out - Community Housing Fund: - Mi Casa Program 734,871 450,000 652,929 652,929 450,000 450,000 450,000 450,000 450,000 Transfers Out - Debt Service Fund: - 2014B COPS (Street Improvements)321,544 318,666 318,666 318,666 320,637 317,304 318,820 320,033 320,033 - 2016 COPS (Public Safety Bldg.)447,475 447,475 447,475 447,475 449,325 448,225 446,425 448,225 448,225 - 2020 Refunding COPs 194,123 195,983 195,983 195,983 190,793 192,640 193,437 194,200 194,200 Transfers Out - Mobility Fund: - Diesel Buses (2) 200,000 200,000 200,000 200,000 - - - - - - Electric Buses (2) - - - - - 2,624,000 - - - Transfers Out - Fleet Maintenance Fund: - 2020 COPs (Fleet Maintenance Bldg.)197,204 193,002 193,002 193,002 193,825 195,612 196,348 196,048 196,048 - 80/20 Match on Grant for Lifts 201,562 - 256,000 256,000 240,000 - - - - Transfers Out - Equipment Replacement Fund: - Police Dept. Take-home Vehciles and Equipment 505,922 - - - - - - - - - Dump Truck/Road Widener/Roller 316,163 316,163 316,163 - - Armored Rescue Vehicle - 336,375 - - 336,375 - - - - - Snow Plow - - - - 425,000 - 450,000 - - Total Other Uses 3,403,174 3,076,151 3,198,705 3,198,705 3,262,702 4,938,158 2,786,718 2,362,145 2,384,754 Total Expenditures and Uses of Funds 8,277,682 9,839,284 26,824,893 24,316,942 10,349,222 14,488,560 5,706,718 7,292,145 4,864,754 Net Source (Use) of Funds 1,490,206 3,910,716 (10,092,355) (7,824,611) 2,917,778 (4,716,163) 1,968,282 (1,092,145) 1,310,246 Fund Balance, Beginning of Year 14,018,774 2,908,167 15,508,980 15,508,980 7,684,369 10,602,147 5,885,984 7,854,266 6,762,121 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Final Original Revised Revised Proposed Audited Budget Budget Budget Budget 2023 2024 2024 2024 2025 2026 2027 2028 2029 Projected Fund Balance, End of Year 15,508,980$ 6,818,883$ 5,416,625$ 7,684,369$ 10,602,147$ 5,885,984$ 7,854,266$ 6,762,121$ 8,072,367$ Fund Balances Restricted For: Asphalt Overlay 423,144$ 423,144$ 423,144$ 423,144$ -$ -$ -$ -$ -$ Assigned For: Tract G/URA Projects 844,108 2,429,108 1,329,108 1,329,108 2,718,994 2,370,293 1,970,293 2,870,293 2,670,293 Unassigned:. Unreserved 14,241,728 3,966,631 3,664,373 5,932,117 7,883,153 3,515,691 5,883,973 3,891,828 5,402,074 Total Fund Balances 15,508,980$ 6,818,883$ 5,416,625$ 7,684,369$ 10,602,147$ 5,885,984$ 7,854,266$ 6,762,121$ 8,072,367$ 2025 Capital Improvements Plan (1st Review) Eric Heil, Town Manager Eva Wilson, Public Works Director Paul Redmond, Chief Financial Officer 2025 Capital Improvements Plan Work Session September 24, 2024 Attachment C 2025 Capital Improvements Plan Work Session September 24, 2024 Work Session Overview: ➢Introduction: September 24, 2024 (Many projects to review, Capital Improvements Project list is a work in progress) ➢1st Council Budget Retreat: Sept 24, 2024 ➢2nd Council Budget Retreat: October 22, 2024 ➢1st Budget Public Hearing: November 12, 2024 ➢Budget Adoption: December 10, 2024 Work Session Overview: •5 Year CIP Plan ➢Funding Sources ➢Fund Balance Policy ➢Non-Discretionary vs Discretionary •Overview of Capital Projects ➢2024 Carry Over Projects ➢2025 Projects NOTES: •Grant applications are often in process •Some portion of projects carry over from one year to future years •Projects costs have different levels of accuracy. Large projects transition from Planning, to conceptual design, to design, to contract, to final cost. 2025 Capital Improvements Plan Work Session September 24, 2024 NON-DISCRETIONARY versus DISCRETIONARY Non-Discretionary capital improvements includes maintenance of existing infrastructure. It does not include new infrastructure or new facilities. The goal of non-discretionary capital improvements is to maintain, repair or replace infrastructure or facilities before substantial deterioration occurs or before measurable degradation of functionality occurs. Avon Level of Standard Goal, “All infrastructure and facilities should appear maintained and not in disrepair.” Discretionary capital improvements are anything that is new. PROGRAM BALANCING: Staff workload; project timing, phases and stages, funding sources; availability of grant funds; and Council goals. 2025 Capital Improvements Plan Work Session September 24, 2024 2025 CIP REVENUES $20.9 Million 2025 Capital Improvements Plan Work Session September 24, 2024 CIP REVENUES for 2025 Real Estate Transfer Tax $ 5,000,000.00 Real Estate Transfer Tax interest earnings $ 200,000.00 DOLA Grants (East Park restrooms)$ 1,000,000.00 GOCO Grant (Eagle Bend Park)$ 375,000.00 CDOT Revitalize Main Street Grant (US6 Pedestrian Safety)$ 2,000,000.00 Eagle County Cost Share (US6 Pedestrian Safety)$1,300,000 CDOT Highway Safety Improvement Grant (Avon Rd Pedestrian Safety)$ 441,000.00 Community Contributions $ 15,000.00 Community Enhancement Fund $ 361,000.00 Water Fund $ 400,000.00 Equipment Replacement Fund $ 425,000.00 Avon Urban Renewal Authority $ 1,750,000.00 TOTAL Projected Revenues $ 13,267,000.00 Projected Unreserved Fund Balance 2024 $ 7,684,369.00 TOTAL AVAILABLE FUNDS for 2025 $ 20,951,369.00 Potential CIP Expenditures in 2025 $ 9,689,222.00 Projected Unreserved Fund Balance for 2026 $ 11,262,147.00 2025 General Fund Unrestricted Reserve $14.2 Million Total Funds for CIP $35.1 Million 2025 CIP Expenses $9.7 Million Available 2026 $25.3 M + $6.7M = $32M 2025 Capital Improvements Plan Work Session September 24, 2024 High Priority Projects 2025: 1.Public Works Garage 2.East Nottingham Park Restrooms 3.Eagle Bend Park 4.US6 Pedestrian Safety 5.Avon Road Pedestrian Safety 6.West Beaver Creek Bridge/Railing Repair 7.Recycle Center Upgrade 8.Old Trail Road Overlay 2025 Capital Improvements Plan Work Session September 24, 2024 Large Projects Not Included in 2025: •Recreation Center Refurbishment -$6M estimate •Old Fire Station –Community Art Facility -$3M estimate •HAN Park Irrigation -$1M estimate •Skate Park -$2M estimate •Photovoltaic/Battery Storage for Swift Gulch Campus -$2M estimate •Flood Mitigation -$800K estimate •Avondale Apartments -$10M estimate •Slopeside Apartments -TBD •Planning Area E Housing Project -TBD Total Estimates = $24.8M+ Grants TBD CAPITAL PROJECTS FUND YEAR-END UNRESERVED FUND BALANCE •CIP Policy: $1M minimum Unreserved Fund Balance at End of Year •For unforeseen expenses that cannot be deferred 2025 Capital Improvements Plan Work Session September 24, 2024 Capital Improvements Plan Work Session September 24, 2024 GENERAL FUND AND CAPITAL PROJECTS FUND BALANCE 2019 2020 2021 2022 2023 General Fund 8,198,535.00 10,202,887.00 14,567,561.00 20,311,855.00 21,941,899.00 Capital Projects Fund 8,722,351.00 12,101,243.00 13,714,320.00 14,018,774.00 15,508,980.00 - 5,000,000.00 10,000,000.00 15,000,000.00 20,000,000.00 25,000,000.00 Total Fund Balances General Fund Capital Projects Fund Capital Improvements Plan Work Session September 24, 2024 GENERAL FUND AND CAPITAL PROJECTS FUND BALANCE Summary of Fund Balances 2019 2020 2021 2022 2023 General Fund 8,198,535.00 10,202,887.00 14,567,561.00 20,311,855.00 21,941,899.00 Restricted For: 3% TABOR Emergency Reserve 805,865 829,650 980,080 1,101,215 1,167,831 Assigned For: Carryover of Fleet Purchases --- Unassigned: 27% Minimum Reserve Balance 4,272,055 4,437,574 4,742,749 5,514,002 6,809,964 Undesignated, Unreserved 3,120,615 4,935,663 8,844,732 13,696,638 13,964,104 Capital Projects Fund 8,722,351.00 12,101,243.00 13,714,320.00 14,018,774.00 15,508,980.00 Restricted For: Asphalt Overlay 658,421.00 455,210.00 451,280.00 451,280.00 423,144.00 Assigned For: Town-owned Properties Development Strategies Plan ---- Tract G/URA Projects 337,048.00 484,108.00 1,155,610.00 1,155,610.00 844,108.00 Unreserved 7,726,882.00 11,161,925.00 12,107,430.00 12,411,884.00 14,241,728.00 2024 CIP By the Numbers: -78 CIP Projects/Contributions ($27,100,000* -Added PW Garage) -30 Completed ($5,340,000) (two are contributions) -30 Design & Construction Projects ($11,141,000 -Includes PW Garage) -14 projects Awaiting Staff Time for 2025 ($1,542,000) -4 projects rolled to out years ($1,264,000) -9 Projects funded with Grants ($5,100,000) -Team Effort: Engineering, Facilities, Mobility, Fleet and Operations * Budgeted Amount and Actual Amount if Known Capital Improvements Project Update September 24, 2024 2025 CIP By the Numbers: -19 CIP Projects ($1,180,000) -9 Facility Projects ($540,000) -4 Parks Projects ($325,000) -5 Streets and Open Space Projects ($265,000) -1 Utilities Project ($50,000) * Budgeted Amount and Actual Amount if Known Capital Improvements Project Update September 24, 2024 Projects Review: 1) 2024 Completed & Rollover CIP Projects 2) 2025 New CIP Projects 2025 Capital Improvements Plan Work Session September 24, 2024 2024 Completed Facilities Projects: 2025 Capital Improvements Plan Work Session September 24, 2024 Facilities –Building Access Control –ARTF/Town Hall September 24, 2024 Purpose: Upgrade ARTF and Town Hall Access System Scope: Update cameras and door controllers. Access Readers. Device License for Camera Station v5. Interconnects, Hardware, and Mounting Equipment. Ethernet Surge Protection. Network switches. Budget: $82,650 Actuals: TBD Fund: CIP Project Status: Installation Facilities -IT Office Expansion September 24, 2024 Purpose: Expand Office Space to accommodate 3 IT staff Scope: Project will be partially completed in-house by Facilities Staff •Reposition Wall Panels •Replace old furniture •Add electrical outlets/cables Budget: $30,000 (estimate) Actuals: $16,621 Fund: CIP Project Status: Office remodel completed, Furniture Purchased, Waiting on storage cabinets/shelves Facilities –PD Cooling Tower Chemical Loop Pump September 24, 2024 Purpose: Repair Cooling Tower Pump at the Police Department Scope: Replace Cooling Tower Pump Budget: $12,000 Fund: CIP Project Status: Soliciting Bids Facilities -Fleet Vehicle Lifts Repair September 24, 2024 Purpose: Repair and Replace two (2) Vehicle Lifts Scope: •Repair in-ground lift •Purchase mobile lifts Budget: $320,000 Actuals: TBD Fund: •CDOT Grant: $256,000 •CIP: $64,000 Project Status: Contract work in progress. Installation scheduled for Dec 2024.In-ground Lift Sample Facilities –Monument Signs for Pocket Parks (4) September 24, 2024 Purpose: Install standardized monument signs for all Town parks Scope: Install standardized monument signs for the following Town parks •O’Neal Spur Park •Saddleridge Park •Eaglebend Park •Recreation Center Budget: $75,000 Actuals: $75,000 Fund: CIP Status: Three signs Installed. Eaglebend Park Sign stored for Spring 2025 Installation Facilities –Fleet Maintenance HVAC/AC September 24, 2024 Purpose: Maintain Town Infrastructure Scope: Test and design HVAC replacement system Budget: $25,000 Actuals: TBD Fund: CIP Project Status: Reviewing Bids Facilities –ARTF Roof Repair –NON-DISCRETIONARY September 24, 2024 Purpose: Repair roof leaki at ARTF Scope: 2022 Replaced 1,800SF roof panels repair roof slope Transition. Added sealant, transition trims, and ridge caps. Leaked again winter 2023/2024 Budget: $140,000 Actuals: $76,702 Fund: CIP Project Status: Contractor made additional repairs and adjustment Spring 2024. Waiting to confirm effectiveness this winter 2024 Utilities –ARTF HVAC Separation Project -NOA September 24, 2024 Scope: Separate HVAC between 1st floor and 2nd floor Offices Avon Budget: $170,000 2023: Design, Construction Fall 2024 -Design & Construction Mgt: $22,000 -Construction: $275,322 (Baker) -Contingency (5%): $14,000 Total Project Cost: $311,400 Budget shortfall: $141,000 Project Status: Awaiting Approval Facilities –Fleet Compressor System September 24, 2024 Purpose: Repair HVAC in the Fleet Maintenance Building Scope: Replace HVAC Compressor Budget: $40,000 Actuals: $33,808 Fund: CIP Project Status: Completed Facilities –ARTF Furniture for Facilities –NON-DISCRETIONARY September 24, 2024 Purpose: Modular Bldg. was demolished for the PW Garage. Relocate the Facilities Division to Bus Barn. Scope: Convert the Sign shop to house to Offices. Purchased Office Furniture for Facilities and Operations Budget: $50,000 Actuals: $57,800 Fund: CIP Project Status: Completed Facilities –Replace Pool Area lights to LED September 24, 2024 Purpose: Support Sustainability Goals and Operational Efficiency Scope: Replace existing lighting with LEDs Budget: $100,000 (Estimate) Actuals: $96,000 Fund: CIP Project Status: Completed Facilities –Rec Center additional 8 New Cameras September 24, 2024 Purpose: Provide security surveillance Scope: Install 8 additional cameras Budget: $25,000 Actuals: $22,901 Fund: CIP Project Status: Contract awarded. Scheduling installation Facilities –Rec Center Furniture September 24, 2024 Purpose: Improve Recreation Center Lobby Function, Expand Community Use Space, Remove Under Utilized Climbing Wall Scope: •Remove Climbing Wall •Purchase new furniture Budget: $15,000 Actuals: $14,884 Fund: CIP Project Status: Completed Capital Improvements Plan Work Session September 24, 2024 2024 Rollover Facilities Projects: Facilities –Public Works Garage September 24, 2024 Purpose: Provide a safe work environment for Winter Operation while protecting Town Assets Scope: Construct a 5-bay, 8,000 SF, all-electric Equipment Parking Garage. The fifth bay will provide a shop area for the Facilities Division. 2024 Budget: -Planning, Designing, Construction Observation Budget: $600,000. Actuals: TBD -Construction: $4,288,038 ARPA Funds: $1,600,000 Reserve Funds: $2,688,038 Project Status: In Construction Estimated Completion Time: April 2025 Facilities –Repair Pool Deck September 24, 2024 Purpose: Repair Pool Deck and Plumbing Infrastructure Scope: Phase I -Conducted Preliminary Engineering Analysis 2024 Budget: $800,000 (Estimate) Additional Work: $2M to $5M 2025 Budget: $70,000 -Replace Kiddie Slide -Repair several deck slabs Fund: CIP Project Status: Preliminary Engineering Completed. Recreation Center Refurbishment will require strategizing by New Council. Facilities –Additional Production Lighting and Signage September 24, 2024 Purpose: Enhance Stage Lighting and Signage to improve Production Scope: •Add Avon sign on stage •Add Production lighting •Repair Green Room access door Budget: $150,000 (estimate) Actuals: $2,536 (Avon sign) Fund: CIP Project Status: Avon sign has been installed. Production light design and installation will be scheduled for 2025 Facilities –Fleet Maintenance Roof Replacement –NON-DISCRETIONARY September 24, 2024 Purpose: Replace Roof on the Fleet Maintenance Bldg Scope: Replace Ethylene Propylene Diene Monomer (EPDM) rubber roof. Budget: $460,000 Fund: CIP Project Status: Deferred to 2025 or 2026 –Likely to be coordinate with photovoltaic and battery storage project Facilities –ARTF Building Automation System (BAS/HVAC) Upgrade –NON-DISCRETIONARY September 24, 2024 Purpose: The ARTF is 11 years old. Building Automation System is outdated and not efficient. Scope: Upgrade ARTF Building Automation System Budget: $165,000 Fund: CIP Project Status: Deferred to 2025 Facilities –Metcalf Family Cabin –DISCRETIONARY September 24, 2024 Purpose: Planning for the relocation of the Metcalf Family Cabin. Scope: Investigate appropriate location options and relocation methods for the Metcalf Family Cabin Budget: $20,000 Fund: CIP Project Status: Deferred to 2025 or 2026 Facilities –Fitness Court Removal Design –DISCRETIONARY September 24, 2024 Purpose: Replace Fit Court with a picnic shelter that will better meet community needs. Scope: Removal/Donation of Fit Court Equipment. Design a Picnic Shelter that matches the Avon Pavilion for family rentals and special events. Budget: $35,000 (Design) Fund: CIP Project Status: Deferred to 2025 Dillon Picnic Shelter Facilities –Recreation Center –Key Card Access and Camera Upgrade –DISCRETIONARY September 24, 2024 Purpose: Enhance Safety and Security at the Recreation Center Scope: Bldg. Key Card Access and replace outdated surveillance cameras Budget: $50,000 Fund: CIP Project Status: Deferred to 2025 Facilities –Improve Access/Rec Center rear entrance –DISCRETIONARY September 24, 2024 Purpose: Enhance Safety/Operational Efficiency Scope: •Widen Driveway •Construct Retaining Wall •Add Railings Budget: $150,000 (Construction estimate) Fund: CIP Project Status: Deferred to 2026 Capital Improvements Plan Work Session September 24, 2024 2024 Completed Parks and Open Space Projects: Facilities –Nottingham Lake Swim Anchors –NON-DISCRETIONARY September 24, 2024 Purpose: Enhance Safety Scope: •Anchors keep swim lane lines in position •Replace Ad hoc swim anchors with commercial Swim Anchors to reduce tie down lines (entanglement danger) Budget: $10,000 (estimate) Actuals: $4,367.34 Fund: CIP Project Status: Completed Ad hoc Swim Anchors Commercial Swim Anchors 2024 Parks and Open Space -West Harry A. Nottingham Park Recreation Trail Replacement September 24, 2024 Purpose: Rebuild recreation trail, add new recreation trail connection. Scope: Red: Full replacement, 8’ wide trail path, light bollards, and landscaping Green: Construct new connector trail, 9’ wide trail path, light bollards, and landscaping Budget: $866,000 (estimate) Actuals: $730,788 Project Status: 95% Complete. Transformer relocation needed. 2024 Parks and Open Space -Recreation Trail Reconstruction -Hurd lane Trail September 24, 2024 Purpose: Maintain recreational trail Scope: •Repair tree damaged asphalt trail •Overlay trail Budget: $205,000 (estimate) Actuals: $62,273 Project Status: Completed 2024 Parks and Open Space -Recreation Trail Reconstruction -Eagle Valley Trail September 24, 2024 Purpose: Maintain recreational trail Scope: •Repair tree damaged asphalt trail •Overlay trail Budget: $325,000 (estimate) Actuals: $324,801 Project Status: Completed Capital Improvements Plan Work Session September 24, 2024 2024 Rollover Parks and Open Space Projects: 2023 Parks and Open Space -Harry A. Nottingham Park Recreation East Improvements September 24, 2024 Purpose: Construct restrooms and supporting improvements for general park uses and special events Scope: •Utility Relocation •Modular Restrooms •Landscaping/Seating Wall •Skate Plaza CIP Budget: $2.8M (original project estimate) Grants: $1M DOLA Available Funds: $3.8M Project Cost Estimate: $5.7M $1.9 Million Shortfall to be funded from CIP Project Status: Notice of Award scheduled for September 24, 2024. Parks and Open Space –W. Main Street mall Improvements –DISCRETIONARY September 24, 2024 Purpose: Implement La Zona plans to improve and extend Main Street Pedestrian Mall Scope: Improve the paved portion of Main Street Pedestrian Mall and Extend to Harry A. Nottingham Park Budget: $200,000 (Design 2024/2025); $3,000,000 ( Construction 2026) Fund: CIP Project Status: Beginning Design Concept Grant Funding Likely Purpose: Enhance Community Scope: Upgrade Eaglebend Park with new playground equipment, and Picnic Pavilion Budget: $550,000 (includes GOCO Grant-$375,000) Project Cost Estimate: $780,000 $230,000 shortfall to be funded from CIP Project Status: Bid closing Date September 20, 2024 2024 Parks and Open Space -Eaglebend Park Improvements September 24, 2024 Parks and Open Space –Special Events Meridian Barriers –DISCRETIONARY September 24, 2024 Purpose: Support Special Events and Large Gatherings Scope: -Purchase Meridian Barriers Budget: $65,238 (2024); $31,520 (2025) Fund: CIP Project Status: 4 Meridian Barriers and trailer were purchased in 2024. Four more Meridian Barriers will be ordered in 2025. Parks and Open Space –Post Blvd Irrigation Repair –NON-DISCRETIONARY September 24, 2024 Scope: Post Blvd Irrigation was installed in 2003 and needs maintenance and repair Budget: $150,000 2024 Expensed: $65,000 2025 Rollover: $85,000 Project Status: All valve boxes were cleaned; many valves and heads were replaced. Irrigation lines are holding pressure. Irrigation clocks/controls needs to be redesign and installed in 2025 Parks and Open Space -Art Pedestal Repairs and Solar Light Install –NON-DISCRETIONARY & DISCRETIONARY September 24, 2024 Purpose: Enhance and Maintain Arts Program Scope: •Repair/stabilize Art Pedestals •Add uplighting Budget: $75,000 (estimate) Fund: CIP Project Status: Deferred to 2025 Parks and Open Space –O’Neal Spur Park Parking Lot Rebuild –NON-DISCRETIONARY September 24, 2024 Purpose: Parking Area Pavement is in poor condition. Scope: Full depth replacement of asphalt pavement Budget: $100,000 Fund: CIP Project Status: Deferred to 2025 Parks and Open Space –Northside Restrooms –Nottingham Lake –DISCRETIONARY September 24, 2024 Purpose: Add restrooms to serve North side of Harry A. Nottingham Park Scope: Construct Restrooms Budget: $700,000 Fund: CIP Project Status: Deferred to 2027 Parks and Open Space –West Avon Restrooms –DISCRETIONARY September 24, 2024 Purpose: Add restrooms to serve West Courts in Harry A. Nottingham Park Scope: Construct Restrooms Budget: $700,000 Fund: CIP Project Status: Deferred to 2027 Capital Improvements Plan Work Session September 24, 2024 2024 Completed Streets and Parking Projects: Parks and Open Space –EV Charger at PD September 24, 2024 Scope: Chargers will support PD electric vehicles. Project will install two (2) level 2 EV Charger (serving 4 vehicles) Budget: $100,000 CEO Grant: $12,000 Project Status: Working on contract for installation in Sep/Oct. 2024 Parks and Open Space -Railing Repair at Village At Avon September 24, 2024 Purpose: Maintain Town Assets Scope: Repair and Repaint Railing in the Village at Avon Budget: $35,000 (estimate) Actuals: $45,000 Project Status: Completed 2024 Streets and Parking -Riverfront/Ped Mall Manhole Repair Project September 24, 2024 Purpose: Maintain Town Asset and ensure road safety Scope: Remove a roadway safety hazard by lowering manhole Budget: $45,000 Actuals: $45,525 Project Status: Completed Scope: Install four (4) additional DC Fast Chargers on Town owned parking lot (Tract A: parking adjacent to Christy Sports ). Budget: $775,000 (estimate) Grant Award: $560K Project Status: Soliciting Bids 2024 Streets and Parking –Tract A DC Fast Chargers (4) Plaza September 24, 2024 Streets and Parking –Retaining Wall Repair –NON-DISCRETIONARY September 24, 2024 Purpose: Maintain Town Infrastructure Scope: Assess Town Retaining Walls for Stability and Repair and Maintenance Plan Budget: $200,000 Actuals: $80,422 Fund: CIP Project Status: Completed 2024 Streets and Parking -Swift Gulch Road –Buffalo Ridge Asphalt Repairs and Overlay September 24, 2024 Purpose: Maintain Town Asset Scope: Mill and Overlay Swift Gulch Road Budget: $800,000 Actuals: TBD Project Status: In Construction.Estimated completion Mid-October 2024 Streets and Parking -June Creek Emergency Access Project September 24, 2024 Purpose: Enhance life-safety and wildfire fighting efforts Scope: Improve June Creek Trail to provide access for Emergency Responders and a 2nd egress. Budget: $345,709 Actuals: TBD Project Status: -Phase I: Civil Work Completed -Phase II: Two Gates -TBD Capital Improvements Plan Work Session September 24, 2024 2024 Rollover Streets and Parking Projects: 2024 Streets and Parking -Avon Road Safety Improvements –Flashing Beacons September 24, 2024 Scope: Add nine (9) pairs of Pedestrian Flashing Beacons Budget: $750,000 CDOT Grants: $441,000 Project Status: In Design, Construction 2025 -Curb Ramps are not ADA compliant -Working with CDOT for additional funds Purpose: Enhance Life Safety Scope: Traffic Signal, Sidewalks, and Landscaped Median Islands Budget: $3,500,000 (Approved) •$3M Awarded CDOT Grant •$300K Avon CIP •$200K Eagle County Status: In Design •Median and Drainage Design •30% Design Construction Cost Estimate: -$6.1M (anticipate $2.6M Shortfall) 2024 Streets and Parking -US6 Safety and Mobility Improvements Project September 24, 2024 2024 Streets and Parking -WBCB River Bridge Deck Repair and Railing Upgrade September 24, 2024 Purpose: Maintain Town Asset and enhance life safety Scope: Project will repair potholes and spalls in deck and wearing surface, patch spalls and scaling in rail parapets, and upgrade existing guardrail structure. 2024 Budget: $250,000 Off-system Bridge Grants: $348,397 (seeking additional funds) Estimated Project Costs: $772,000 Project Status: In Design Construction -2026 Streets and Parking –Metcalf Road –Retaining Wall Stabilization–NON-DISCRETIONARY September 24, 2024 Purpose: Maintain Town Infrastructure Scope: Assess the stability and design retaining wall repair Budget: $80,000 Fund: CIP Project Status: Deferred to 2026 Streets and Parking –Avon Road/I-70 off-ramp Streetlight Repair –NON-DISCRETIONARY September 24, 2024 Purpose: Fix streets lights on west bound I-70 off ramp at Avon Road to enhance safety Scope: Rewire I-70 off-ramp lights Budget: $50,000 Fund: CIP Project Status: Deferred to 2025 NOTE: Maintenance of I-70 streetlights that are within municipalities are the responsibility of municipalities Streets and Parking –Town-wide Retaining Wall Structures Analysis –NON-DISCRETIONARY September 24, 2024 Purpose: Maintain Town Infrastructure Scope: Assess Town Retaining Walls for Stability and Repair and Maintenance Plan Budget: $80,000 Fund: CIP Project Status: Deferred to 2025 Scope: Overlay pavement, repair subsidence in pavement, replace streetlights, and repair curb and gutters Budget: $250,000 (2025 –Design) $2,500,000 (2026 –Const) Project Status: Deferred to 2025 Streets and Parking –Post Blvd Overlay –NON-DISCRETIONARY September 24, 2024 Capital Improvements Plan Work Session September 24, 2024 2024 Completed Drainage Projects: Drainage –Nottingham Rd Basin 4 Erosion Control –NON-DISCRETIONARY September 24, 2024 Purpose: Debris Flow/Flooding Mitigation Scope: Basin 4 improvements •Reshape Sedimentation Pond •Reshape Flow Channel •Install In-channel Weirs •Install Erosion Control Flexamats Budget: $400K (Designed) Actuals: TBD Fund: CIP Project Status: Completed -punch list Capital Improvements Plan Work Session September 24, 2024 2024 Rollover Drainage Projects: Drainage –Nottingham Reservoir Repairs –NON-DISCRETIONARY September 24, 2024 Purpose: Repair and maintain Nottingham Reservoir Scope: Investigate and Install flow meter to measure seepage flows Budget: $100,000 (estimate) Fund: CIP Project Status: Upon approval by Council of CIP budget, Staff will solicit work and complete in 2024. Drainage –Nottingham-Puder Ditch Headgate Repair –NON-DISCRETIONARY September 24, 2024 Purpose: Repair and maintain Town infrastructure Scope: Repair Diversion Wall Budget: $100,000 (Design –2024); $1,00,000 (Construction – 2025) Fund: CIP (Water Fund) Project Status: Design deferred to 2025, Construction deferred to 2026 Capital Improvements Plan Work Session September 24, 2024 2024 Completed Utilities Projects: Utilities –Council Chambers AV Improvements –DISCRETIONARY September 24, 2024 Purpose: Improve hybrid meeting functionality of Avon Council Chambers Scope: •Replace/upgrade the audio-visual components/more flexible/user-friendly •Will support conference calls/ hybrid committee meetings independently, •Enable meetings without High Five Media 2024 Budget: $10,000 2024 Budget Amendment : $115,000 Total 2024 Project Cost: $125,000 Fund: CIP & CERF Project Status: -Vendor has been selected -Construction: December 2024 Video Conference Cameras Wired and wireless microphones 10.1 Touch screen control panel Utilities –Rec Center AV/WIFI Upgrades –DISCRETIONARY September 24, 2024 Purpose: Upgrade Recreation Center Technology Scope: •Upgrade Audio-Visual Equipment •Provide WIFI to Patrons Budget: $65,000 (estimate) Fund: CIP Project Status: Deferred to 2025 Capital Improvements Plan Work Session September 24, 2024 2024 Rollover Utilities Projects: 2024 Utilities –Recycling Center Upgrade NOA September 24, 2024 Scope: Upgrade recycling center •Efficiently layout recycling equipment; Repaving; Provide power the site Avon Budget: $110,000 (pavement & electrical work) 50/50 Eagle County (EC)/Town of Avon (TOA) Agreement: •EC provide a cardboard compactor at $100K •Town of Avon received a grant for a polystyrene compactor Project Status: Design, Construction Fall 2024 -Design & Construction Mgt: $15,000 -Construction: $273,492,000 -Contingency 10%: 28,000 -Cardboard compactor/containers/catwalks: $100,000 -Surveillance Cameras: $20,000 •Total Est Project: $436,500; 50/50= $218,500 •TOA shortfall $108,500; EC cash = $118,500 2024 Utilities –Harry A. Nottingham Park Wi-Fi Access September 24, 2024 Purpose: Enhance Park Experience Scope: Enable WiFi Access in Park Budget:$150,000 Project Status: -Phase I: Upper Field (Completed) -Phase II: Beach Area (2025) -Phase III: Courts Area (2025) Capital Improvements Plan Work Session September 24, 2024 2025 New CIP Projects Capital Improvements Plan Work Session September 24, 2024 New 2025 Facilities Projects: Non -Discretionary Facilities –Fleet Maintenance HVAC/AC Repair and Replacement –NON-DISCRETIONARY September 24, 2024 Purpose: Maintain Town Infrastructure Scope: Repair and Replace Fleet HVAC replacement system Budget: $120,000 Fund: CIP Project Status: Seeking Approval 2025 Facilities -Rec Center Roof Repairs –NON-DISCRETIONARY September 24, 2024 Scope: Repair rec center roof in several locations Budget: $10,000 Fund: •CIP: $10,000 Project Status: •Proposed for 2025 CIP •Projected Construction: Summer 2025 2025 Facilities -Rec Center Painting –NON-DISCRETIONARY September 24, 2024 Scope: Rec Center Painting Budget: $15,000 Fund: •CIP: $15,000 Project Status: •Proposed for 2025 CIP •Projected Construction: Spring or Fall 2025 Capital Improvements Plan Work Session September 24, 2024 New 2025 Facilities Projects: Discretionary 2025 Facilities -Rec Center Fitness Area Floor September 24, 2024 Scope: Reinstall fitness area flooring in the Cardio and Functional Training Rooms Budget: $110,000 Fund: •CIP: $110,000 Project Status: •Proposed for 2025 CIP •Projected Construction: Spring or Fall 2025 2025 Facilities -Rec Center Office Area Expansion -DISCRETIONARY September 24, 2024 Scope: Repurpose existing multi-purpose room to create functional office space for Recreation Department Staff. Budget: $75,000 Fund: •CIP: $75,000 Project Status: •Proposed for 2025 CIP •Projected Construction: Spring or Fall 2025 2025 Facilities -Rec Center Surveillance Camera Replacements -DISCRETIONARY September 24, 2024 Scope: Replace/upgrade existing Rec Center surveillance cameras Budget: $60,000 Fund: •CIP: $60,000 Project Status: •Proposed for 2025 CIP •Projected Construction: Spring or Fall 2025 2025 Facilities -Town-wide Security Cameras -DISCRETIONARY September 24, 2024 Purpose: Promote Life Safety Scope: Install Security Cameras around Town Budget: $100,000 Fund: CIP Project Status: Awaiting Approval 2025 Facilities -Police Department Commander’s Office -DISCRETIONARY September 24, 2024 Purpose: Promote Operational Efficiency Scope: Construct wall/door to create an office for the Commander in the Sargent’s Office Budget: $30,000 Fund: CIP Project Status: Awaiting Approval 2025 Facilities -Rec Center Break Room Remodel -DISCRETIONARY September 24, 2024 Scope: Remodel rec center staff break room to include kitchen area and new cabinetry Budget: $15,000 Fund: •CIP: $15,000 Project Status: •Proposed for 2025 CIP •Projected Construction: Spring or Fall 2025 Capital Improvements Plan Work Session September 24, 2024 New 2025 Parks and Open Space Projects: Non-Discretionary 2025 Parks and Open Space -EBCB Realignment –Grading Work –NON-DISCRETIONARY September 24, 2024 Purpose: Maintaining Town Asset Scope: Repair out of warranty work. Regrade soil to top of curb Budget: $20,000 Fund: CIP Project Status: Awaiting Approval 2025 Parks and Open Space -Maintain Avon Pavilion Terrace –NON-DISCRETIONARY September 24, 2024 Purpose: Maintain Town Assets Scope: Paint and remove rust Budget: $20,000 Fund: CIP Project Status: Awaiting Approval 2025 Parks and Open Space -Maintain West Avon Preserve –NON-DISCRETIONARY September 24, 2024 Scope: Trail repair and maintenance Lee’s Way Budget: $35,000 Fund: CIP Project Status: Fall 2025 Capital Improvements Plan Work Session September 24, 2024 New 2024 Streets and Parking Projects: Non-Discretionary 2025 Streets and Parking –Repair Benchmark Rd Crosswalks –NON-DISCRETIONARY September 24, 2024 Scope: Repair pavers and foundation Budget: $50,000 Fund: CIP Project Status: 2025 2025 Streets and Parking –RAB 5 Post Blvd Bridge Wall Repair –NON-DISCRETIONARY September 24, 2024 Scope: Repair railing. CIRSA doesn’t cover bridge damage. The hit/run damaged railing and railing support Budget: $100,000 (estimate) Fund: CIP Project Status: Awaiting Approval Capital Improvements Plan Work Session September 24, 2024 New 2025 Streets and Parking Projects: Discretionary 2025 Streets and Parking –RAB 1 & 2 Avon Rd Concrete and Landscape Repair –DISCRETIONARY September 24, 2024 Scope: Repair pavers, paver foundation, curb and gutter, remove trees and install new landscaping. Budget: $30,000 Design (2025) $300,000 Construction (2026) Fund: CIP 2025 Streets and Parking –Mobile VMS Sign for Code Enforcement –DISCRETIONARY September 24, 2024 Purpose: Ensure Public Safety Scope: Purchase and install VMS sign on code enforcement vehicle Budget: $35,000 Fund: CIP Project Status: 2025 2025 Streets and Parking –East Beaver Creek Blvd Childcare Center Bus Stop –DISCRETIONARY September 24, 2024 Purpose: Support Transit Use Scope: Design and Construct Bus pullout and shelter Budget: $150,000 Fund: CIP Project Status: 2025 or 2026 Capital Improvements Plan Work Session September 24, 2024 New 2024 Utilities Projects: Discretionary 2025 Utilities –IT Upgrades for Recreation Center and Fleet –DISCRETIONARY September 24, 2024 Purpose: Maintain Town Asset and improve efficiency Scope: Upgrade IT systems at the Recreation Center and Fleet Maintenance Budget: $50,000 Fund: CIP Project Status: 2025 Capital Improvements Plan Work Session September 24, 2024 Grant Dependent Projects: 2025 Parks and Open Space -Harry A. Nottingham Park Recreation Skatepark Improvements September 24, 2024 Purpose: Construct restrooms and supporting improvements for general park uses and special events Scope: •Utility Relocation •Modular Restrooms •Landscaping/Seating Wall •Skate Plaza Budget: $2.8M (original project estimate) Project Cost Estimate: $5.7M -$2.9M Shortfall Grants: $1M DOLA Grant Application Grants: $1M Skatepark Project Status: Apply for grants after completion of Restrooms –Spring 2026 Parks and Open Space –Irrigation System Replacement –DISCRETIONARY September 24, 2024 Purpose: Advance water conservation goals by reducing waste from irrigation. Scope: Replace existing irrigation system Budget: $1.5M (estimate) •$80,000 –2025 Design •$750,000 –2026 Construction Fund: CIP & Grants Project Status: Avon was awarded with a grant from Colorado Water Conservation Board to design a new irrigation system. Designs should be completed by 2025. Staff will research and pursue eligible grant funding to assist with replacement of irrigation system. 2024 Drainage –Flood Mitigation Improvements September 24, 2024 Purpose: Debris Flow/Flooding Mitigation Proposed projects: Basin 8 ($2M): •330 Nottingham Rd •400 WBCB BLVD Basin 4 ($400K –2024 CIP Program): •540 Nottingham Road STATUS: Staff is pursuing grants for Basin 8 work 2024 Drainage –Flood Mitigation Improvements –Basin 8 Debris/Flood Flow Mitigation September 24, 2024 Purpose: Debris Flow/Flooding Mitigation Scope -Basin 8: •330 Nottingham Rd •400 WBCB Blvd •Berms •Box Culvert •Drainage/Sidewalk Improvements •Parking Lot Regrade Cost Estimate: $2M (Planning) •$1.4M (Pursuing FEMA Grant) •$600K (Local Match –Private & Gov’t) Next Steps: Pursue grants in 2025 NOTE: Grant eligibility is limited for federal funds which benefit a small number of properties. Facilities –Old Fires Station –Building 351 Remodel for Art Studios –DISCRETIONARY September 24, 2024 Purpose: Enhance Cultural and Arts Scope: Remodel for Community Arts Facility Budget: $2,000,000 (estimate) •$100,000 –2025 Design, Exploration •$1,500,000 –2026 Construction Fund: CIP & Grants Project Status: 2025 Commencing Analysis and Design Capital Improvements Plan Work Session September 24, 2024 Transit Grants: 970-478-4076 NMosby@avon.org TO: Honorable Mayor Phillips and Council members FROM: Nicole Mosby, Town Engineer RE: Notice of Award – East Nottingham Park Improvements DATE: September 13, 2024 SUMMARY: This Report presents to Council the 2024 Project Summary and Bid Result of the East Nottingham Park Improvements Project. Staff requests Council authorization to issue a Notice of Award for the construction of the East Nottingham Park Improvements project to Baker Constructor, authorization of the Independent Contractor Service Agreement with Green Flush Technologies LLC for prefabrication of the modular restroom buildings, and to increase the budget in the 2024 Capital Improvements Program (“CIP”) for the two CIP funds for this project. Overview of Improvements: The East Park Improvements Project site is the former Town Hall site of 1 Lake Street in Avon. As detailed in the Construction Drawings provided in Attachment A, the improvements include the following: • Two modular public restroom buildings (one women’s room, one for men’s/family room) to serve four season activities and special events at Harry A. Nottingham (“Nottingham”) Park for up to 1,000 people • A gathering plaza in front of the restroom building with a concrete paver surface and freestanding water bottle fillers • Shade canopy incorporated with restrooms at the plaza with a 2:12 pitch roof and materials matching Pavilion stage • Retaining and seat wall with stone veneer and cap to match the Pavilion stage and built- in steps light along the main path from Lake Street to Pavilion stage. • Undergrounding of overhead electric line from the wastewater treatment facility to the site to for natural hazard resilience • Relocating electrical infrastructure along the northside path to the southside of the site to support future development • Events power infrastructure and sloping ramp on the west side of restrooms to facilitate loading and power connection for events • Regrading of access road to parks garage and events staging area and realignment of parking stalls to support future development • Updated parking lot lighting and full overlay/replacement of parking lot and rec path asphalt • Addition of ADA parking stalls and new curb ramp from Lake Street • Preservation of mature spruce and Austrian pine trees and additional xeric gardening, landscaping, and irrigation in appropriate areas • Exterior building lighting, security cameras, and fiber optic connection for site security and evening navigability Notice of Award Requested: Staff presents herein the Project background, current project proposal, options for responding to the Project bids and the modular building supplier, budget implications, and funding implications. Staff request Council authorization to issue a Notice of Award for the East Nottingham Park Improvements project to Baker Constructors in the amount of $3,940,836 for the base bid of the site improvements. Staff also request Council authorization to approve of the Independent Contractor Service Agreement with Green Flush Technologies LLC for the Project’s modular restroom buildings in the estimated amount of $933,671. 970-748-4076 NMosby@avon.org Page 2 of 11 Budget Requests: Staff requests an increase to the Project budget from $2,850,000 to $5,586,466. Avon received a grant award from DOLA in the amount of $1,000,000, so the net CIP expenditure increase would be $1,736,466. Staff also requests an increase to Project budget for undergrounding the electric lines from $120,000 to $481,972, and requests transferring $361,972 from the Holy Cross Energy Community Enhancement Fund. Avon has traditionally used the Holy Cross Energy Community Enhancement Fund for undergrounding overhead lines. BACKGROUND: The Project Site, formerly addressed 1 Lake Street, was home to the Town of Avon Municipal Building beginning in 1980. After being central to Town operations for nearly four decades, it was demolished in 2021. The site was stabilized with native grasses and has since been contemplated for redevelopment. Central to the redevelopment concepts is the relocation of site infrastructure to remove conflicts and provide adequate utilities, undergrounding of overhead electric lines, and development of restrooms, a shady canopy, and seating wall facilities to support Nottingham Park events and activities. SITE LOCATON MAP: East Nottingham Park Improvements As detailed in the February 14, 2023 Council Report, the project originally included bathroom projects at both a north and east site in the park. The East Park Improvements and North Restroom, Harry A. Nottingham Park Projects were designed in 2021 and approved by Council in January 2022. The approved design originally consisted of adding a 41-stall restroom building with concession stands, a park plaza, seating wall, picnic area, relocating electrical infrastructure and undergrounding electric power lines. Bidding: The project’s architect, Zehren and Associates, Inc. (“Zehren”), and design team prepared the bidding plans and documents. The Projects were advertised for bid for three weeks beginning on June 16, 2022, in the Vail Daily and Eagle Valley Enterprise. No bids were received by the Bid deadline of July 19, 2022. Interested General Contractor’s including RA Nelson and Farrington Construction, were not able to 970-748-4076 NMosby@avon.org Page 3 of 11 submit bids because the sub-contractors were already booked for the year and not available. It was believed the construction environment in 2022 was severely impacted by COVID and the dramatic increased interest in construction in Colorado. Subsequently, a cost estimate was requested from Vermeulens, an independent professional cost estimator. The Vermeulens estimate anticipated $1,736,715 for the North Park Improvements and $6,979,522 for the East Park Improvements. For the East Park, the costs were itemized as $2,799,027 in Site Work and $4,180,495 in Building Costs. The Projects were re-advertised for bid on November 3, 2022. In addition to publishing in the newspapers, the Projects were also published on bidnetdirect.com, a procurement website used by local governments in Colorado, and at least 1 document was downloaded by one hundred one (101) contractors. The website is free to the Town and contractors and allows for tracking of contractors that download the bid documents. Two Bids were received at the bid close of January 25th, 2023, placed by A.D. Miller Construction Services, Inc (“A.D. Miller”) and MW Golden Constructors. MW Golden withdrew their bid stating their sub- contractors were not aware that the Town might not move forward with both projects although this was a clear stipulation during the bid process. The remaining A.D. Miller, a qualified contractor based in Denver, Colorado, bids were $8,516,384.26 for the East Park Improvements and $2,952,250.54 for the North Restrooms for a total of $10,460,535, at 22% and 70% higher, respectively, than the independent costs estimate. The restroom structure alone was itemized at $4,985,214 for the 2,728 square foot design, resulting in a unit cost of $1,827.42 per square foot. As a result, Council directed Staff during a February 14, 2023 Council meeting to reject the bids and requested Staff present options for the interim development of the site and pursue a reduced and resigned development plan. The reduced scope would prioritize the East restroom first and design a smaller facility within the capacity of the existing sewer line and with consideration towards serving the long-range vision of special events at the Avon Pavilion. The Site was re- seeded in the spring of 2023 and no further improvements were implemented at that time. PHOTO: Current East Park Site Conditions SKATE PARK: During the spring and summer of 2023, the Avon Skate Coalition approached the Town about developing a skate plaza in the location of the Old Town Hall to be funded primarily by a Colorado Health Foundation grant with strong potential. The Planning and Zoning Commission (“PZC”) and Town 970-748-4076 NMosby@avon.org Page 4 of 11 Council approved of the idea to conceptually study a skate plaza. The design team was directed to conduct a solicitation for a skate plaza design, and a Request for Qualifications process was conducted. Seven design firms responded and New Line Skateparks was selected due to their experience working with non- profits and similar local projects. The team worked to re-design the project conceptually with the inclusion of a skate plaza to the east of the proposed restrooms. On November 15, 2023, Council reviewed and approved the updated site program and concept plan which included modular restrooms within a re-envisioned plaza area, retaining walls, and a skate plaza. The design team, led by Zehren and Associates, Inc, moved into schematic design and design development for the project. In May of 2024, the Avon Skate Coalition informed the Town that the skate plaza project funding had not been obtained as the Colorado Health Foundation grant was unsuccessful. The design team was directed to continue preparation of the Project for a public bid process while leaving the skate park area, hereinafter referred to as the Future Development Area, in a more evenly graded interim condition for future development. Additional grant applications to fund the skate park portion of the project may be pursued at a later date as discussed further in the Skate Park Funding section below. CURRENT PROJECT: The 2024 East Nottingham Park Improvements Project (“Project”) is a redesign of the East Park portion of the 2022 Projects previously referenced. The redesigned project currently proposes the use of modular restroom buildings. The buildings will be constructed offsite, delivered by truck, and set on a site-constructed foundation. The building exteriors will be finished onsite with stone veneer, exterior lights, and security cameras by the General Contractor. The Project also includes a park plaza, a weather shelter canopy, an updated seating wall and planters, preserved trees, new landscaping, a reconfigured parking area, undergrounding of the overhead electric lines, and additional elements listed in the summary. The site plans and rendering of the approved project are included in Attachment A. The entire plan set can be found at: https://www.avon.org/156/Planning under Land Use Application MJR24005. RENDERING: East Park Improvements Rendering The restrooms have long been part of the Town’s vision to improve the quality and experience of Harry A. Nottingham Park for residents and visitors, especially during special cultural, music, and recreation events as well as everyday park use. The buildings are designed for all four seasons to support the diversity of 970-748-4076 NMosby@avon.org Page 5 of 11 events and activities that take place across the seasons. The new restrooms and associated park infrastructure and facility improvements are intended to help raise the quality of life of the community as well as support the vitality of the Town’s resort economy by being more competitive with other mountain town communities. The design of the project has very specifically responded to the needs of the Town’s events programs in order to facilitate events operations and guest experiences. Events set up and tear down, user circulation and seating, and overall comfort and experience are key considerations of the design. The shade canopy will help provide protection from the elements. The seat wall will replace the existing deteriorating railroad tie wall and provide new and more comfortable seating with higher quality and appearance in an area where visitors have naturally taken respite. Lighting along the wall will bring a new ambiance to the recreation path and events fields and assist park users and events patrons and vendors to circulate safely after sunset and evening events. Preservation of existing mature trees and new accent landscaping in select areas is proposed to soften the project area, help the new restrooms integrate into the park, and provide beauty and visual interest consistent with Avon’s environment and public domain. Parking will be reconfigured with the net increase of 1 space. Importantly, the project has been carefully designed to contemplate further development of the Future Development Area, which may see the development of a skate park in the future. The redesigned restroom buildings have a total of 19-restroom stalls, a reduction from 41 stalls in the 2022 design. The original buildings were proposed at 2,728 square feet and have been reduced to a combined area of 1,300 square feet of modular restroom buildings. The concession area and additional storage area have also been removed from the design. The Project team solicited an Opinion of Probable Costs from McAllister Construction, provided as Attachment B, which estimated the project as designed to be $4,113,152, excluding the supply of modular building. TIMELINE AND IMPACTS TO OPERATIONS: As a destination resort location, special events are a large contributor to the Town of Avon’s vitality. Therefore, accommodating events adjacent to one of the Town’s primary event venues is essential and construction of the project needs to adequately integrate and accommodate event and support operation at Nottingham Park. The Project was advertised for bid with multiple schedules and a robust Special Condition section requiring phasing and accommodations of special events and facilities access. Baker’s required construction performance period is approximately 14- months from issuance of a Notice of Award by the Town, including 7-months of onsite work and impacts to Town operations. If Council authorizes issuance of Notice of Award, the project is scheduled to begin on April 1, 2025 and will be required to be completed by May 20, 2026. Liquidated damages for failure to complete the work by May 20th, 2026 will be $3,000 per calendar day. MODULAR BUILDINGS: Avon solicited a Request for Qualifications to modular building suppliers on May 22, 2024. A Statement of Qualifications was received from two suppliers, Mobile Modular and Green Flush Technologies LLC (“Green Flush”), by the acceptance deadline of June 17, 2024. After reviews of the qualification packages and interviews with both suppliers, Green Flush stood out by demonstrating a thorough understanding of the project goals, similar experience with other local installations, and providing suggestions to further improve the project in concept and budget. Green Flush was selected as the modular building provider and quickly incorporated into the project team to provide details of integrating the modular buildings into the site design prior to publishing the Project out 970-748-4076 NMosby@avon.org Page 6 of 11 for bidding, detailed further in subsequent sections. The design team also worked with Green Flush to finalize a materials list for the restroom building fabrication and negotiate a final cost for the structures. Staff propose to contract with Green Flush to procure the modular restroom buildings and to provide delivery, site placement, and a two-year warranty. Attachment C is the Green Flush Proposal detailing their contract cost and fabrication schedule. Green Flush priced the restrooms as proposed at a base price of $903,109 with some alternatives requested by Staff. Staff anticipate adding the additional building width for more queueing space in the the Women’s restroom building and additional windows on the backside of the buildings as suggested during the development review by Council for a total estimated costs of $933,671. Adding in the bid prices for stone veneer finish, foundation, and building setting coordination of $472,212, the buildings costs total to $1,405,883 or $1,171.57 per sq ft, well below the $ 1,827.42 per sq ft building cost in the 2022 Bids. The buildings will be fabricated by Whitley Evergreen at their Marysville, Washington facility through their agreement with Green Flush. The building’s foundations, utility connections, and exterior finishing will be completed by the General Contractor. With Council approval, an Independent Contractor Service Agreement will be executed for this scope of work detailing the services, inspection requirements, and warranty provisions for the modular purchase. GENERAL CONSTRUCTION BIDDING: The Overall Site Civil Improvements portion of the Project was advertised for Bid on July 30, 2024 by posting the Project Documents on the bidnetdirect.com. The Invitation for Bid included two Bid Schedules for different project timelines; Schedule 1: Fall 2024-Spring 2025 Construction and Schedule 2: July 8-December 23, 2025 for construction commencing after the 2025 Salute to America event. Contractors were invited to submit a bid for either or both bid schedules and were informed that schedule as well as price were factors in the selection of the awarded Bidder. One hundred sixteen (116) contractors downloaded at least one of the bid documents, and three bids were submitted by the August 27, 2024 bid deadline by A.D. Miller, Baker Builders, LLC dba Baker Constructors (“Baker”), and Gould Construction, Inc. The Bid prices and schedules varied widely between the three bidders. A.D. Miller submitted for the Fall 2024-Spring 2025 Construction at a Base Bid price of $5,898,568. Gould Construction submitted for the later July-December 2025 at a Base Bid price of $4,731,879.55. Lastly, the Baker bid, Attachment D, offered a Base Bid price of $3,940,836 with an exception taken to the proposed schedules. Baker’s bid exception proposed beginning work in April of 2025 and demobilizing from the site during the Salute to America Event. LOWEST APPARENT BIDDER: The lowest apparent bidder, Baker, proposed a Construction Schedule commencing onsite construction of the project in April 1st, 2025. As this conflicted with the Town Operation for the Salute to America Event, they proposed to demobilize from the site for the event. They would remobilize and complete the Project by October 31, 2025. To ensure Avon Operations would be adequately accommodated, Avon operations and events Staff met with Baker to discuss their proposal. Baker presented their proposed schedule, phasing, and accommodations as they had been contemplated to Staff and responded to questions and concerns regarding site logistics. The schedule and visuals as presented are included as Attachment E. The Staff found the proposed Construction Schedule to be adequate in accommodating the 2025 Events and Operation Schedule. Staff also reviewed the qualifications Baker provided, Attachment F. As staff have recent direct experience with Baker as a general contractor, Staff is comfortable with their competency and quality of work. The Staff 970-748-4076 NMosby@avon.org Page 7 of 11 recommends awarding the bid for the East Nottingham Park Improvements Project to Baker, the lowest qualified bidder. BID ALTERNATES: The solicited Bid Package requested additional costs for an additive alternate to replace the native seed surface proposed for the Future Development Area between the restrooms and Lake Street with Kentucky Blue Grass Sod. In the Baker bid, the additional cost of the sod alternative is a $15,400 increase to the Base Bid for a total bid price of $3,956,236, if the sod alternative were to be selected. The Bid Package also proposed a deduct to replace the stone veneer finish of the buildings with a stucco finish. Baker’s bid offered a $0 deductive alternative cost, meaning that Baker’s price for a stucco finish is equivalent to a stone veneer finish. MAJOR DEVEOLPMENT PLAN REVIEW: On August 26, 2024 and September 10, 2024, the Project was presented to the Planning and Zoning Commission (“PZC”) and Town Council, respectively, for Major Development Plan Review as well as an Alternative Equivalent Compliance Review for the roof pitch of the shade canopy structure. The PZC recommended that Town Council approved the Project with the recommendation that the seating wall along the North edge of the project site be redesigned to have the top seating surface at a consistent grade instead of a flat top that steps down along the grade. This recommendation was brought forward to Council for their review. Council discussed stepping the seat wall and directed that it may be appropriate to reduce some of the steps but preferred a flat seating surface at an appropriate height to sit on along the majority of the length of the wall. Council reviewed the requests and discussed changing the finished surface of the Future Development Area to native grass, adding elements that create a 4-sided design, reducing the privacy wall height of the canopy foundation for way- finding, a perception that the all-stone design of buildings and plaza may be too “cold”, adjusting the location of the “MEN’S” restroom lettering on the building to improve visibility, and architectural elements addition to the back side of the restroom buildings. Council voted unanimously to approve the application with direction to provide native seed in the Future Development Area, contemplate additional landscaping on the southside of the restroom buildings, and contemplate architectural elements on the rear of the bathroom buildings. CONSTRUCTION SUPPORT: The 2024 project redesign, as well as skate park design, were completed through a Professional Service Agreement, executed in February 2024 and amended in September 2024, with Zehren as the lead for the design team. The original contract anticipated construction support for Zehren for architecture, landscape architecture and irrigation designs. However, additional budget is necessary to fund engineering (structural, mechanical and civil) coordination and support for the modular restroom building design and construction administration services through the extended project timeline, now projected through October 31, 2025. Additional engineering support services are required to review deferred submittals, inspect micropile foundation installation, and coordinate the modular building utility system connections. A professional services fee of $29,040 has been requested to accommodate these efforts. IMPACT FEES: Eagle River Water and Sanitation District (ERWSD) and Upper Eagle River Water Authority (UERWA) collect impact fees on infrastructure development that are assessed based size on the water meter size. The 2022 Project saw high cost impacts with regard to water and sewer connection upsizing ($50,611) and the related impact fees ($622,075). The 2022 Project contemplated 41 restroom stalls and a concessions area, which required a larger water meter size and replacement of the sewer infrastructure with larger sewer line under the railroad. The redesigned Project contains a total of 19 restroom stalls, which will only require a 1.5-inch water meter. ERWSD/UERWA confirmed they will honor 970-748-4076 NMosby@avon.org Page 8 of 11 the 1.5-inch meter size of the former municipal building and view this improvement as a replacement, not a new impact (fees for a 1.5 inch line would cost $151,922 in impact fees). Additionally, the existing sewer lines can be reused if their condition are acceptable reducing the sewer infrastructure improvement cost to $12,411. FINANCIAL CONSIDERATIONS: The scope of this Project as discussed incorporates two previously approved Capital Improvements Program (“CIP”) projects carried forward to 2024. The Nottingham Park East Improvements budget carried forward currently totals $2,850,000, and the Powerline Undergrounding portion of the project budget holds $120,000, transferred from the Holy Cross’s Community Enhancement Fund (“CEF”) in 2021. Additionally, the Department of Local Affairs (DOLA) awarded this project a $1,000,000 grant, which must be utilized by November 8, 2024. See Attachment G for the DOLA Award Letter. CIP11025: Nottingham East Park Improvements $2,850,000 DOLA Funds $1,000,000 CIP21055: Overhead Underground $120,000 Total $3,970,000 PROJECT BUDGET: The Project, including expenses already incurred, requires a combined $6,068,448 budget, as detailed in Table 2 below, to award the project to the lowest apparent bidder. Divided into CIP projects, $5,586,466 is required for Restrooms and $481,972 is required for undergrounding the overhead lines. Table 2: East Nottingham Park Improvements Total Project Costs (Base Bid) CIP11025 CIP21055 Contracted/Invoiced Design & Stabilization Costs To Date $ 569,565 $ 9,390 Construction Costs $ 3,469,009 $ 471,827 Modular Buildings $ 933,671 $ - Modular Building – Pre-shipping Inspection $ 3,000 $ - Construction Administration / Additional Design $ 30,000 $ - Fiber Connection $ 20,000 $ - Security Camera System $ 45,000 $ - ERWSD/UERWA Permit Fees & Requirements $ 5,300 $ - UERWA Avon Member District Fee $ 41,200 $ - Other Permit Fees & Requirements $ 3,060 $ 755 Subtotals $ 5,078,605 $ 481,972 Contingency 10% $ 507,861 $ - Total Required Budget $ 5,586,466 $ 481,972 Current Budget $ 2,850,000 $ 120,000 970-748-4076 NMosby@avon.org Page 9 of 11 Grant Funding (DOLA) $ 1,000,000 $ - Additional Funding Requested $ 1,736,466 $ 361,972 Combined Additional Funding $ 2,098,438 Restrooms: H.A. Nottingham Park East Improvements CIP budgets has been carried forward and used to fund design, interim site stabilization, and redesign efforts for the Project since its inception. Project expenditures to date include $57,933.02 (site stabilization), $28,182.80 (site conditions, survey, geotechnical analysis), $425,001.18 (conceptual, 2022, 2024, skate park design services), and $63,448 (outstanding in Zehren contract work). The current expenditures from budget total to $569,565. Powerline Undergrounding: Powerline Undergrounding budget was originally funded with $120,000 from the CEF. The small scope of the CIP21055 proved difficult to attract bidders, and therefore the project was consolidated into the East Nottingham Park Improvements Project during the 2022 design. However, this scope will continue to be tracked separately to ensure compliance with the CEF program. To date $9,390 of design and related fees have been paid and a balance of $110,610 remains. A construction cost of $471,827 was itemized in the bid for this scope of work, and the entirety of the Powerline Underground scope is eligible for CEF funding. A permit review fee of $755 to the Union Pacific Railroad is required to modify the existing casing under the railroad to add the electrical lines, for a total project cost of $481,972. With $2,970,000 in combined existing CIP funds allocated to the Project and $1,000,000 in awarded DOLA grant funding, a combined budget shortfall of $2,098,438 remains. Staff recommends increasing the Restroom budget by $2,736,466 to capture the $1,000,000 in DOLA funds and appropriating $1,736,466 from CIP, currently at ~$13,000,000, to fully fund the Restroom project. Staff also recommends requesting $361,972 from the Holy Cross Energy CEF to fully fund the Powerline Undergrounding project. ONGOING COSTS: During the development of all new Town of Avon infrastructure, the ongoing fiscal responsibility of the improvements shall be contemplated for the operational budget impacts. The addition of the 1,200 square foot restroom facilities and park improvements are anticipated to require the following annual funds for upkeep and maintenance. Electricity (including heating) $6,300/yr Water and Sewer $10,500/yr Building Cleaning (7 days/week, contracted) $75,000-100,000/yr Building Maintenance $2,500-3,000/yr SKATE PARK FUNDING: Council provided approval of the Skate Park use in the area designated Future Development Area. The estimated cost of the skate park was $1.6 Million. Staff has identified several viable grant sources, including the federal Land and Water Conservation Fund, Department of Local Affairs and Great Outdoors Colorado. Avon cannot apply for Land and Water Conservation Funds until this project is completed. Avon cannot apply for Great Outdoors Colorado grant funds until the Eagle Bend Park project is completed. Realistically, Avon can likely apply for grant funds in June of 2026, which may allow for funding and construction of a skate park in 2027. 970-748-4076 NMosby@avon.org Page 10 of 11 RECOMMENDATION: I recommend Council take the following actions: • Authorize issuance of the Notice of Award for the construction of the East Park Improvements project to Baker Constructors in the amount of $3,940,836. • Authorize the approval of the Independent Contractor Service Agreement with Green Flush Technologies for prefabrication, delivery, and setting of the modular restroom buildings in the at an estimated cost of $933,671 to include additional windows and additional Women’s Building width. • Increase the H.A. Nottingham Park East Improvements budget by $2,736,466 $1,000,000 in awarded DOLA funds and $1,736,466 in CIP funds for a total budget of $5,586,466. • Authorize Staff to request $361,972 from the Holy Cross Energy CEF to fully fund the Powerline Undergrounding budget for a total budget of $481,972. TOWN MANAGER RECOMMENDATION: I recommend Council approve the Notice of Award and contract with Greenflush, increases to the respective budgets. We are working to integrate additional design elements in response to Council’s design review approval. I believe this project is well designed and well balanced with regard to size and cost. I don’t foresee this project getting better or less expensive with further changes. OPTIONS FOR EAST NOTTINGHAM PARK IMPROVEMENTS: Below are options for Council to direct Staff to move forward with on the East Park Improvement project. Note: Options for redesign will require returning to Planning and Zoning Commission for review and recommendation. (1) Reject Notice of Award and leave site in current condition. The site was graded and seeded with native grasses in 2022. Leaving the site in its current condition allows Council to take no further action and develop a revised program for the site while minimizing current fund expenditures. (2) Reject the Notice of Award and minimally improve the site. Direct Staff to develop a new site plan design and construction cost estimate that grades the undeveloped areas of the site at a 2% cross slope. This will allow the area to be used by field spectators and park users in the interim. The scope will only include elements that will not be impacted by construction of restrooms in the future. Improvements could include seating walls and undergrounding power lines utilizing the Holy Cross Community Enhancement Funds. Relocating the electrical transformer and control panels is not recommended as electrical infrastructure would be included in the restroom building. Utility work is also discouraged as the new design will impact the size and location of utility lines and future building foundation excavation may damage them. (3) Issue the Notice of Award for Construction and Authorize the Modular Building Contract. Issue the Notice of Award to Baker Constructors for the East Park Improvements project bid, authorize the Services Contract with Green Flush Technologies for prefabrication of the restroom buildings, and increase the budgets of CIP11025 to $5,586,466 and CIP21055 to $361,972. 970-748-4076 NMosby@avon.org Page 11 of 11 PROPOSED MOTION: Option 1 (Reject w/ No Action): “I move to Reject the bids from A.D. Miller Services, Inc, Baker Constructors, and Gould Constrution and leave the site in the current condition.” Option 2 (Reject w/ Minor Redesign): “I move to Reject the bids from A.D. Miller Services, Inc, Baker Constructors, and Gould Constrution and direct Staff to develop a new site plan to minimally improve the site.” Option 3 (Award): “I move to authorize the issuance of a Notice of Award to Baker Constructors for the construction of the East Nottingham Park Improvements in the amount of $3,940,836, to approve the Independent Contractor Service Agreement with Green Flush Technologies in the estimated amount of $933,671, to increase the project budget to $5,586,466 including $1,000,000 of DOLA funds and $1,736,466 Reserve funds, and to increase the project budget to $481,972 including authorizing Staff to request $361,972 from the Holy Cross Community Enhancement Fund. Thank you, Nicole ATTACHMENTS: A. East Nottingham Park Improvements Site Plan and Rendering B. McAllister Construction, LLC – Opinion of Probable Cost C. Green Flush Proposal and Fabrication Schedule D. Baker Constructors Bid E. Baker Proposed Construction Schedule F. Baker Constructors Qualifications G. DOLA Award Letter 27 A-2 East de la Guerra Street Santa Barbara, California 93101 (805) 963-6890 ARCHITECTURE - PLANNING - INTERIORS AND ASSOCIATES, INC.Z E H R E N 48 East Beaver Creek Blvd., Suite 303 P.O. Box 1976 - Avon, Colorado 81620 (970) 949-0257 LANDSCAPE ARCHITECTURE Copyright © 2024 by Zehren & Associates Inc. IN 7/ 2 5 / 2 0 2 4 1 2 : 2 1 : 2 6 P M 20212859.05 IMPROVEMENTS PROJECT AVON, COLORADO EAST NOTTINGHAM PARK ISSUE B - SITE AND INFRASTRUCTURE BID SET JULY 25, 2024 07/25/2024 BBID 1. ALL EXTERIOR WALL ASSEMBLIES TYPE UNLESS SHOWN OTHERWISE. 2. ALL INTERIOR WALL ASSEMBLIES TYPE UNLESS SHOWN OTHERWISE. 3. ALL FLOOR ASSEMBLIES TYPE UNLESS NOTED OTHERWISE ON FLOOR PLAN OR RCP. 4. DRAWING REVISIONS ARE INDICATED BY 5. CENTER DOORS AND OPENINGS IN ROOMS OR PROVIDE 6" WALL RETURNS UNLESS NOTED OTHERWISE. FLOOR PLAN SHEET GENERAL NOTES P1 W1 F1 X A2.01 2 A2.011 A2.02 2 A2.02 1 2 A3.01 1 A3.01 MEN'S 003 JANITOR 004 FAMILY 005 WOMEN'S 001 JANITOR 002 36X36 CRAWL SPACE ACCESS HATCH T/O PAVERS +100' - 0" T/O PAVERS +100' - 0" 1 2 3 4 12' - 0"2"50' - 0" A B C 38 ' - 0 " 12 ' - 0 " MEP 006 001 003 005 006 002 004 + 100' - 0" T/O CONC T/O CONC + 100' - 0" PRIVACY WALL LINE OF CANOPY ABOVE PLAZA W1 W2 W2 W1 W3 W3 W1 W1.1 OR ALT W1.1 OR ALT W1.1 OR ALT W2.1 OR ALT W2.1 OR ALT 2' - 0" 24X16 CRAWL SPACE ACCESS HATCH 001 002 003 004 005 006 TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No.DATE ISSUE SEAL 27 A - 2 E a s t d e l a G u e r r a S t r e e t Sa n t a B a r b a r a , C a l i f o r n i a 9 3 1 0 1 (8 0 5 ) 9 6 3 - 6 8 9 0 AR C H I T E C T U R E - P L A N N I N G - I N T E R I O R S AN D A S S O C I A T E S , I N C . Z E H R E N 48 E a s t B e a v e r C r e e k B l v d . , S u i t e 3 0 3 P. O . B o x 1 9 7 6 - A v o n , C o l o r a d o 8 1 6 2 0 (9 7 0 ) 9 4 9 - 0 2 5 7 LA N D S C A P E A R C H I T E C T U R E Co p y r i g h t © 2 0 2 4 b y Z e h r e n & A s s o c i a t e s I n c . CI V I L ST R U C T U R A L ME C H A N I C A L EL E C T R I C A L 97 0 . 7 4 8 . 8 5 2 0 97 0 . 7 4 8 . 8 5 2 0 AE C , I N C AE C , I N C AL P I N E E N G I N E E R I N G , I N C MA R T I N / M A R T I N 97 0 . 9 2 6 . 3 3 7 3 30 3 . 4 3 1 . 6 1 0 0NOT FOR CONSTRUCTION7/ 2 5 / 2 0 2 4 1 2 : 2 1 : 4 6 P M 1/4" = 1'-0" A1.01 20212859.05 02/20/2024 CH TL MAIN LEVEL FLOOR PLAN IM P R O V E M E N T S P R O J E C T AV O N , C O L O R A D O TL EA S T N O T T I N G H A M P A R K 1/4" = 1'-0"A1.01 1 MAIN LEVEL FLOOR PLAN No. DATE COMMENT A 05/02/2024 MODULAR CONSTRUCTION BID B 07/25/2024 BID SET BUILDING SECTION SHEET GENERAL NOTES 1. BUILDING SECTIONS ARE TO SHOW GENERAL RELATIONSHIPS OF INTERIOR SPACES ONLY. SEE OTHER SHEET DRAWINGS AND DETAILS FOR ACTUAL LAYOUT, QUANTITY, AND DIMENSIONS OF COMPONENTS. 2. CONTRACTOR IS RESPONSIBLE FOR PROVIDING PROPER UNDER-FRAMING TO ACHIEVE SPECIFIED CEILING HEIGHTS. 3. WATERPROOFING, INSULATION, VAPOR RETARDER, AND OTHER ASSEMBLY COMPONENTS NOT ALWAYS SHOWN, FOR CLARITY. REFER TO TYPICAL ASSEMBLY DETAILS FOR FLOOR, WALL, AND ROOF ASSEMBLIES. 4. REFERENCE STRUCTURAL DRAWINGS FOR FOUNDATION WALLS AND FOOTING DEPTHS. MAIN LEVEL FLOOR PLAN100' -0" 2 A3.01 WOMEN'S 001 ABC CRAWL SPACE MAIN LEVEL FLOOR PLAN100' -0" 1 A3.01 MEN'S 003 FAMILY 005WOMEN'S 001 A5.30 1 CRAWL SPACE 1 2 3 4 MEP 006 PARAPET WALL BEYOND 9' - 0 " 11 ' - 0 " 11 ' - 6 " SLOPED RIGID INSULATION CRAWL SPACE TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No.DATE ISSUE SEAL 27 A - 2 E a s t d e l a G u e r r a S t r e e t Sa n t a B a r b a r a , C a l i f o r n i a 9 3 1 0 1 (8 0 5 ) 9 6 3 - 6 8 9 0 AR C H I T E C T U R E - P L A N N I N G - I N T E R I O R S AN D A S S O C I A T E S , I N C . Z E H R E N 48 E a s t B e a v e r C r e e k B l v d . , S u i t e 3 0 3 P. O . B o x 1 9 7 6 - A v o n , C o l o r a d o 8 1 6 2 0 (9 7 0 ) 9 4 9 - 0 2 5 7 LA N D S C A P E A R C H I T E C T U R E Co p y r i g h t © 2 0 2 4 b y Z e h r e n & A s s o c i a t e s I n c . CI V I L ST R U C T U R A L ME C H A N I C A L EL E C T R I C A L 97 0 . 7 4 8 . 8 5 2 0 97 0 . 7 4 8 . 8 5 2 0 AE C , I N C AE C , I N C AL P I N E E N G I N E E R I N G , I N C MA R T I N / M A R T I N 97 0 . 9 2 6 . 3 3 7 3 30 3 . 4 3 1 . 6 1 0 0NOT FOR CONSTRUCTION7/ 2 5 / 2 0 2 4 1 2 : 2 2 : 2 0 P M 1/4" = 1'-0" A3.01 20212859.05 02/20/2024 CH TL BUILDING SECTIONS IM P R O V E M E N T S P R O J E C T AV O N , C O L O R A D O TL EA S T N O T T I N G H A M P A R K 1/4" = 1'-0"A3.01 1 BUILDING SECTION 1 1/4" = 1'-0"A3.01 2 BUILDING SECTION 2 No. DATE COMMENT A 05/02/2024 MODULAR CONSTRUCTION BID B 07/25/2024 BID SET 1. EXTERIOR WALL FINISHES INDICATED ON ELEVATIONS - SEE TAGS BELOW FOR MATERIALS: 2. REFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENTS NOT INDICATED ON EXTERIOR ELEVATIONS. 3. REFERENCE WINDOW AND DOOR DETAIL SHEETS FOR DOOR AND WINDOW SCHEDULES, TYPES, AND HEAD, JAMB, AND SILL DETAILS. 4. STONE HATCH INDICATED ON THE EXTERIOR ELEVATIONS REPRESENTS LOCATION OF STONE VENEER ONLY AND SHOULD NOT BE REFERENCED FOR PATTERN, STYLE OR SIZE. 5. PROVIDE STUCCO CONTROL JOINTS AT ALL FOUR SIDES OF WINDOW, DOOR, LOUVER, AND OTHER OPENINGS WITHIN STUCCO FINISH UNLESS OTHERWISE INDICATED BY ARCHITECT DURING STUCCO SYSTEM SHOP REVIEW. EXTERIOR ELEVATION SHEET GENERAL NOTES A B C ANCHORED STONE VENEER COLORADO BUFF SANDSTONE STUCCO (ALT) ANCHORED STONE VENEER LAPORTE CHOP MAIN LEVEL FLOOR PLAN100' -0" 2 A3.01 ABC TUBE STEEL CANOPY STRUCTURE, REF STRUCT DWGS STANDING SEAM MTL ROOF STONE PRIVACY WALL / CANOPY BASE W/ STONE CAP AA B B 7' - 0"7' - 0" W O M E N BUILDING SIGNAGE MAIN LEVEL FLOOR PLAN100' -0" 1 A3.01 1 2 3 4 A B TUBE STEEL CANOPY STRUCTURE, REF STRUCT DWGS STANDING SEAM MTL ROOF STONE PRIVACY WALL/ CANOPY BASE W/ STONE CAP, REF STRUCT DWGS SITE STEPS, REF LA DWGS A5.70 0 M "MEN" BUILDING SIGNAGE BEYOND PRIVACY WALL F A M I L Y BUILDING SIGNAGE TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No.DATE ISSUE SEAL 27 A - 2 E a s t d e l a G u e r r a S t r e e t Sa n t a B a r b a r a , C a l i f o r n i a 9 3 1 0 1 (8 0 5 ) 9 6 3 - 6 8 9 0 AR C H I T E C T U R E - P L A N N I N G - I N T E R I O R S AN D A S S O C I A T E S , I N C . Z E H R E N 48 E a s t B e a v e r C r e e k B l v d . , S u i t e 3 0 3 P. O . B o x 1 9 7 6 - A v o n , C o l o r a d o 8 1 6 2 0 (9 7 0 ) 9 4 9 - 0 2 5 7 LA N D S C A P E A R C H I T E C T U R E Co p y r i g h t © 2 0 2 4 b y Z e h r e n & A s s o c i a t e s I n c . CI V I L ST R U C T U R A L ME C H A N I C A L EL E C T R I C A L 97 0 . 7 4 8 . 8 5 2 0 97 0 . 7 4 8 . 8 5 2 0 AE C , I N C AE C , I N C AL P I N E E N G I N E E R I N G , I N C MA R T I N / M A R T I N 97 0 . 9 2 6 . 3 3 7 3 30 3 . 4 3 1 . 6 1 0 0NOT FOR CONSTRUCTION7/ 2 5 / 2 0 2 4 3 : 5 7 : 0 6 P M 1/4" = 1'-0" A2.01 20212859.05 02/20/2024 CH TL EXTERIOR ELEVATIONS IM P R O V E M E N T S P R O J E C T AV O N , C O L O R A D O TL EA S T N O T T I N G H A M P A R K 1/4" = 1'-0"A2.01 1 NORTH EXTERIOR ELEVATION 1/4" = 1'-0"A2.01 2 EAST EXTERIOR ELEVATION STONE VENEER SPLITFACE COLORADO BUFF SANDSTONE TO MATCH AVON PAVILION STONE VENEER, "LAPORTE CHOP" TO MATCH AVON PAVILION STONE VENEER SPLITFACE COLORADO BUFF SANDSTONE TO MATCH AVON PAVILION STONE VENEER, "LAPORTE CHOP" TO MATCH AVON PAVILION STUCCO PANELS TO MATCH AVON PAVILION No. DATE COMMENT A 05/02/2024 MODULAR CONSTRUCTION BID B 07/25/2024 BID SET 1. EXTERIOR WALL FINISHES INDICATED ON ELEVATIONS - SEE TAGS BELOW FOR MATERIALS: 2. REFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENTS NOT INDICATED ON EXTERIOR ELEVATIONS. 3. REFERENCE WINDOW AND DOOR DETAIL SHEETS FOR DOOR AND WINDOW SCHEDULES, TYPES, AND HEAD, JAMB, AND SILL DETAILS. 4. STONE HATCH INDICATED ON THE EXTERIOR ELEVATIONS REPRESENTS LOCATION OF STONE VENEER ONLY AND SHOULD NOT BE REFERENCED FOR PATTERN, STYLE OR SIZE. 5. PROVIDE STUCCO CONTROL JOINTS AT ALL FOUR SIDES OF WINDOW, DOOR, LOUVER, AND OTHER OPENINGS WITHIN STUCCO FINISH UNLESS OTHERWISE INDICATED BY ARCHITECT DURING STUCCO SYSTEM SHOP REVIEW. EXTERIOR ELEVATION SHEET GENERAL NOTES A B C ANCHORED STONE VENEER COLORADO BUFF SANDSTONE STUCCO (ALT) ANCHORED STONE VENEER LAPORTE CHOP MAIN LEVEL FLOOR PLAN100' -0" 2 A3.01 A B C HEATED GUTTER AND DOWNSPOUT HEATED GUTTER AND DOWNSPOUT A MAIN LEVEL FLOOR PLAN100' -0" 1 A3.01 1234 HEATED GUTTER AND DOWNSPOUT A TRV BY SHEET No. DRAWN BY SCALE: CHK BY PROJECT No.DATE ISSUE SEAL 27 A - 2 E a s t d e l a G u e r r a S t r e e t Sa n t a B a r b a r a , C a l i f o r n i a 9 3 1 0 1 (8 0 5 ) 9 6 3 - 6 8 9 0 AR C H I T E C T U R E - P L A N N I N G - I N T E R I O R S AN D A S S O C I A T E S , I N C . Z E H R E N 48 E a s t B e a v e r C r e e k B l v d . , S u i t e 3 0 3 P. O . B o x 1 9 7 6 - A v o n , C o l o r a d o 8 1 6 2 0 (9 7 0 ) 9 4 9 - 0 2 5 7 LA N D S C A P E A R C H I T E C T U R E Co p y r i g h t © 2 0 2 4 b y Z e h r e n & A s s o c i a t e s I n c . CI V I L ST R U C T U R A L ME C H A N I C A L EL E C T R I C A L 97 0 . 7 4 8 . 8 5 2 0 97 0 . 7 4 8 . 8 5 2 0 AE C , I N C AE C , I N C AL P I N E E N G I N E E R I N G , I N C MA R T I N / M A R T I N 97 0 . 9 2 6 . 3 3 7 3 30 3 . 4 3 1 . 6 1 0 0NOT FOR CONSTRUCTION7/ 2 5 / 2 0 2 4 1 2 : 2 2 : 1 0 P M 1/4" = 1'-0" A2.02 20212859.05 02/20/2024 CH TL EXTERIOR ELEVATIONS IM P R O V E M E N T S P R O J E C T AV O N , C O L O R A D O TL EA S T N O T T I N G H A M P A R K 1/4" = 1'-0"A2.02 1 SOUTH EXTERIOR ELEVATION 1/4" = 1'-0"A2.02 2 WEST EXTERIOR ELEVATION STONE VENEER SPLITFACE COLORADO BUFF SANDSTONE TO MATCH AVON PAVILION STONE VENEER, "LAPORTE CHOP" TO MATCH AVON PAVILION STUCCO PANELS TO MATCH AVON PAVILION No. DATE COMMENT A 05/02/2024 MODULAR CONSTRUCTION BID B 07/25/2024 BID SET Zehren and Associates Pedro Campos Submitted By Quote #NP01 Town of Avon, CO Prefabricated Restroom for Harry A. Nottingham Park 09/16/2024 Quote Description Per Quote #______ by Whitley Evergreen Green Flush will deliver a restroom to Avon, CO that will come as two wood-frame constructed buildings. The siding will be applied by others to the restroom after delivery. Interior cabin walls are finished with FRP. Also includes a flat roof with TPO membrane, epoxy floors in cabins, and interior and exterior lights. Refer to factory specifications on pages ____ for a full list of restroom specifications. Green Flush will send a staff member to provide technical support during the installation. Item Price Restroom as described $885,980.00 Crane rental for setting the restroom buildings This rental is for one day. Additional days will be change order to the Town of Avon. $17,129.00 Total $903,109.00 Option Price Increase restroom width from 12' to 13'10"$23,101.00 Delete heat and energy code conformance -$26,104.00 Add three windows to the back of each building (six total)$7,461.00 Site work and sales tax are not included. Pricing is guaranteed through 10/16/2024. Price includes all required modular building permits, but not site specific permits such as a building permit. This quote is based on using the payment terms listed on page 10. Pricing is based upon current Statewide codes. Exceptions or additions to the State Codes by any local jurisdiction are not addressed in the pricing. Any code revisions to the current Statewide codes or adoption of new code standards that may necessitate changes to the specifications or drawings may be the subject of a change order and price change. 2 Delivery The restroom will be delivered on a semi-truck to the installation site or as close as the semi-truck can get to the installation site. Green Flush Restrooms purchases carbon offsets for all travel, shipping, and office energy. Installation Site Harry A. Nottingham Park 1 Lake Street Avon, CO 81620 Google Maps Coordinates 39.635684, -106.528740 Crane Rental This quote is based on the crane having a 65' reach (center to center). There cannot be any hanging electrical wiring near the crane. Any trees or other obstructions will need to be addressed before the crane arrives on site. Any cost increases to Green Flush due to needing a longer than 65’ reach or obstructions will be passed on to the customer through a change order. Warranty All materials and equipment provided by Green Flush Restrooms will have a two-year full warranty beginning on the date the restroom is delivered to the installation site. Customer Milestones Due to the recent pandemic, natural disasters, and steel tariffs; material costs will need to be reviewed if the customer misses approval milestone dates agreed upon in a published schedule. Green Flush Restrooms reserves the right to revise and pass along price increases due to missed milestones. 3 Restroom Floor Plan 4 Construction Activity Start Date End Date Original Projection Days Actual Schedule Days Start Date End Date Preliminary Drawings 9/25/2024 11/13/2024 Sep 25-Nov 13 49 Sep 25-Nov 13 49 9/25/2024 11/13/2024 Approval Of Preliminary Drawings 11/13/2024 11/27/2024 Nov 13-Nov 27 14 Nov 13-Nov 27 14 11/13/2024 11/27/2024 Final Drawings 11/27/2024 1/15/2025 Nov 27-Jan 15 49 Nov 27-Jan 15 49 11/27/2024 1/15/2025 Approval Of Final Drawings 1/15/2025 1/29/2025 Jan 15-Jan 29 14 Jan 15-Jan 29 14 1/15/2025 1/29/2025 Engineer’S Calcs And Stamp 1/29/2025 2/12/2025 Jan 29-Feb 12 14 Jan 29-Feb 12 14 1/29/2025 2/12/2025 3rd party review 2/12/2025 3/12/2025 Feb 12-Mar 12 28 Feb 12-Mar 12 28 2/12/2025 3/12/2025 Construction Queue 3/12/2025 3/26/2025 Mar 12-Mar 26 14 Mar 12-Mar 26 14 3/12/2025 3/26/2025 Construction 3/26/2025 6/4/2025 Mar 26-Jun 4 70 Mar 26-Jun 4 70 3/26/2025 6/4/2025 Final Inspection 6/4/2025 6/11/2025 Jun 4-Jun 11 7 Jun 4-Jun 11 7 6/4/2025 6/11/2025 Delivery 6/11/2025 6/18/2025 Jun 11-Jun 18 7 Jun 11-Jun 18 7 6/11/2025 6/18/2025 January '00June '25 January '00January '00 January '00January '25 February '25 March '25 April '25 May '25 Project: Avon, CO. September '24 October '24 November '24 December '24 January '00 January '00 January '00 January '00 January '00 January '00January '00 January '00 January '00 January '00 January '00 Green Flush Schedule Disclaimer: Initial timeline is based on historical averages and likely to be inexact or potentially off by multiple months with various stages beyond Green Flush’s control.Report Created 9/17/2024, 9:47 AM Payment Terms ▪ 1st payment, 10% - Before the start of engineered drawings and calculations for the Product, the Buyer shall pay the Seller a deposit of 10% to cover the Seller’s costs for the preparation and approval of engineered drawings and calculations including the costs of plan review and approval by the State Modular Building Office. ▪ 2nd payment, 10% - Seller shall begin manufacturing the Product after receiving the approval of the plans and specifications by the local building department and upon receipt of payment equal to an additional 10% of the Purchase Price. ▪ 3rd payment, 70% - Prior to shipment of the finished Product from the factory, the Buyer shall pay the Seller a sum equal to the balance owing on the Product minus 10%. The Seller shall not be required to ship the Product until this payment has been received, or other arrangements have been mutually agreed to. ▪ 4th payment, 10% or remaining balance. Within 25 calendar days of the delivery date, the Buyer shall pay the Seller the full remaining unpaid balance of the Purchase Price. However, at that time, should the Buyer wish to retain monies from the unpaid balance of the Purchase Price due to warranty concerns for which the Seller is liable, the Buyer shall not be required to pay Seller said retained monies until such time as the warrantee work is completed. Monies held for warrantee work shall not be in excess of the actual cost of the warrantee work. The purchase and payment terms herein shall be controlling over any other document. *The Seller may request partial payments on a monthly basis for expenses incurred in the work of manufacturing the Product. **The purchase price may be adjusted by written change order, signed by both the Buyer and Seller. Delinquent payments shall be subject to 1% interest per month. City Testimonial City of Pacific Grove CA, Butterfly Sanctuary Restroom "Green Flush provided the City of Pacific Grove with a restroom for our Monarch Sanctuary, a location where constructing a restroom would have been difficult. The restroom that we purchased suits our needs. The restroom is constructed with precise carpentry, looks great and functions perfectly as designed. Their staff is pleasant to work with, they are very responsive to questions and providing assistance during installation. I highly recommend Green Flush and will use them again in the future for our prefabricated restroom needs." - Daniel Gho, City of Pacific Grove Public Works Director 10 Thank You 11 ID Task Name Duration Start Finish 1 Avon Nottingham Park Construction Schedule 190 days Tue 8/27/24 Mon 6/2/25 2 SELECTION 16 days Tue 8/27/24 Wed 9/18/24 8 PRECONSTRUCTION 21 days Thu 9/19/24 Thu 10/17/24 15 PROCUREMENT 189 days Wed 8/28/24 Mon 6/2/25 22 CONSTRUCTION 143 days?Mon 3/31/25 Fri 10/31/25 23 Phase 1 (Before 6/27)88 days?Mon 3/31/25 Thu 8/14/25 24 Primary Electrical Service 88 days Mon 3/31/25 Thu 8/14/25 25 July 4rth Celebration 1 day Mon 6/23/25 Mon 7/7/25 26 Install Vaults 9 days Mon 3/31/25 Thu 4/10/25 32 Transformer to V3 - 283 LF 14.5 daysWed 4/9/25 Tue 4/29/25 43 V3 to V4 12 days Wed 4/23/25 Mon 5/12/25 56 V4 to 263 & 263A Transformers 35 days Wed 6/11/25 Tue 8/12/25 80 Transformer to EX2 7 days Tue 7/8/25 Wed 7/16/25 89 EX2 to V1 29.5 daysFri 5/9/25 Thu 6/19/25 109 Power Relocation and Turnover 7 days Wed 8/6/25 Thu 8/14/25 115 Secondary Power 60.5 days?Fri 4/11/25 Mon 7/21/25 116 Install Secondary beteen Transformer & V37.5 days?Wed 4/16/25 Fri 4/25/25 123 South Parking Lot Secondary (Light Poles & EV Stub) 10 days? Mon 7/7/25 Mon 7/21/25 134 New Feeder for Stage (2nd Crew)26 days Fri 4/11/25 Mon 5/19/25 145 To Future Skate Park/East seat Wall 10.5 daysTue 5/20/25 Tue 6/3/25 153 Fiber Optics Conduit 20 days?Tue 5/13/25 Mon 6/9/25 160 Wet Utilities 70 days?Tue 4/8/25 Tue 7/29/25 161 Sanitary 12 days Tue 5/13/25 Wed 5/28/25 169 Water Line 23 days?Tue 5/13/25 Thu 6/12/25 178 Extend Fire Line 53 days Tue 4/8/25 Fri 6/20/25 187 Roof Drain 9 days?Mon 7/7/25 Thu 7/17/25 194 Storm Drain 8 days Fri 7/18/25 Tue 7/29/25 202 Modular Foundation 64 days Tue 4/1/25 Mon 7/14/25 212 Canopy Foundation 15 days?Fri 5/9/25 Thu 5/29/25 217 Set Modular 15 days?Mon 6/2/25 Fri 6/20/25 226 Overlot Grading 15 days Tue 4/8/25 Mon 4/28/25 232 Demobilize 10 days Fri 6/6/25 Fri 6/20/25 237 Phase 2 - After July 4rth 84 days Mon 7/7/25 Fri 10/31/25 238 Re-Mobilize 1 wk Tue 7/8/25 Mon 7/14/25 239 Re-Install Fencing 2 days Tue 7/15/25 Wed 7/16/25 Mar Apr May Jun Jul Aug Sep Oct Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only ID Task Name Duration Start Finish 240 Re-Install Erosion Control Devices 3 days Thu 7/17/25 Mon 7/21/25 241 Modular Buildout 10 days Mon 7/7/25 Fri 7/18/25 245 Seat Walls 48 days Tue 7/22/25 Fri 9/26/25 259 Paths 7 days Wed 9/17/25 Thu 9/25/25 262 Canopy Construction 14 days Tue 7/22/25 Fri 8/8/25 270 Hardscapes 32 days Tue 7/22/25 Thu 9/4/25 271 South Parking Lot 31 days Tue 7/22/25 Wed 9/3/25 282 North Parking Lot 32 days Tue 7/22/25 Thu 9/4/25 289 Paver Areas 27 days Tue 7/22/25 Wed 8/27/25 300 Irrigation 56 days Wed 8/6/25 Thu 10/23/25 308 Landscaping 20 days Mon 9/29/25 Fri 10/24/25 314 Anticipated Weather Delays 5 days Mon 10/27/25 Fri 10/31/25 Mar Apr May Jun Jul Aug Sep Oct Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Phase 1 - Pre-July 4rth Activities •Complete as much of the Electrical Infrastructure as possible •Install Secondary feeds parallel to infrastructure •Install Water •Install Sewer •Install Fiber Optics •Install Foundation •Set Modulars •Make Utility connections to modulars •Clean up & Prep for July 4rth Celebration9 Ea Conduits up to 4" Limits of existing pavement Post July 4rth Activities •Complete Electrical Infrastructure •Relocate Transformers •Site Demo •Overlot Grading •Seatwall •Hardscapes •Irrigation and Landscaping •Site Lighting •Completion Change power source to Stage Install Stone on Modulars Overlot Grading after demo Install Canopy Structure O O O O O O O O O O O O O O O O O O EV EV EV EV EV EV EV EV EV EV EV EV EV EV Rotomill and Overlay Pave & Stripe new Parking Lot Install New Paver System Phase 2 - Post - July 4rth Activities May 2, 2024 • Faith • Trust • Hard Work • Integrity • Respect • Responsibility • Community + The Baker name encompasses a family of companies; with Baker Constructors at the helm and overseeing our sister companies; Baker Concrete Solutions, Baker Industrial Fabrication, Silverback Excavation, Baker Steel Erectors (recognized nationally as a top 10 PEMB erector), and DFB Buildings. This integration allows us to deliver high-quality construction services to our clients at competitive prices within short time frames. Our companies collaborate seamlessly to provide precise services, a dedicated team, and comprehensive construction solutions. This unique approach sets us apart from our competitors on a daily basis. Baker Constructors places a strong importance on both present excellence and future flexibility, continuously adjusting to meet the evolving needs of our clients. We come equipped with the necessary manpower, training, tools, and safety gear to complete projects promptly while maintaining exceptional quality and meticulous attention to detail. Our commitment to integrity ensures that we execute every project with purpose, delivering superior results and building successful partnerships with our clients. Firm Information Baker Industrial Fabrication is an AISC and IAS certified fabricator located along the Colorado front range. We have the capability and expertise to handle all of your fabrication needs. From large-scale commercial projects including structural steel and erection to small custom builds, we have you covered. Baker Industrial Fabrication works seamlessly with Baker Steel Erectors and DFB to design, create, and execute PEMB buildings. Our in house technicians allow for quick collaboration and problem solving to ensure your project goes smoothly. Baker EMR 2021-2023 Safety Safety is a foundational element in our daily operations at Baker Constructors guided by our standards and procedures outlined in our health and safety manual. All employees are expected to adhere to all safety policies, actively participate in the safety program, and follow prescribed procedures to minimize accidents and safeguard the public. Weekly formal safety meetings and daily project briefings underscore our commitment to a secure work environment on every safe job site, where each site conducts a job site safety orientation and daily Activity Hazard Analysis (AHA). Ongoing training initiatives ensure that our employees are equipped with the latest safety protocols and techniques, all of which are integral components of our safety management system. It is mandatory to document training and inspections, with supervisors overseeing job site inspections to maintain the highest standards. Every Baker Constructors employee has the responsibility of reporting hazards. 2023 - 0.79 2022 - 0.76 2021 - 0.96 • Building Use: Office Space & Storage Bay • GC: Baker Constructors • Architect: Thomas Moore Architects • Size: 12,600 SF •Current Price: �1.9 Million • Delivery: CM/GC • Duration: 6 months • Owner: Sand & Sky, LLC • Type: New Construction Planet Plumbing was a PEMB (Pre-engineered Metal Building) that was utilized for a plumbing contractor. This space included 6,000 SF of tenant improvements for a call center and office space. Planet Plumbing Weld County, Colorado • Building Use: Public Works Building • GC: Baker Builders • Architect: Halcyon Design, LLC • Size: 9,200 SF • Final Price: $2.6 Million • Delivery: GC • Duration: 5 Months • Completion: 2021 • Owner: Town of Firestone • Type: New Construction FIRESTONE PUBLIC WORKS Firestone, Colorado Project consists of the Firestone public works addition and remodel. Includes new PEMB addition, renovations of existing building, and associated site work with minimal disruption to ongoing activities. This building was designed as a pre-engineered metal building (PEMB), featuring 4,000 square feet of finished office space for tenants, including offices, break rooms, restrooms, a training facility, and an electrical components room. In addition, we constructed 28,000 square feet of manufacturing space. Shortly after completion, we initiated the design for an 18,000 square foot expansion to accommodate the client's growing product lines. This expansion was seamlessly integrated with minimal disruption to ongoing operations. We made this journey effortless by drawing upon the talents of our sister companies, empowering them to self-perform the bulk of the project. This collaborative effort not only gave us the freedom to intricately plan logistics alongside the client's management team but also allowed us to craft a schedule that mitigated downtime for both our dedicated construction crew and our valued client. Key features of the project include a custom frame designed to optimize interior clearance for manufacturing activities, a clerestory feature facilitating natural daylighting, and a variety of panel types and colors, including stucco-finished metal panels, to enhance visual appeal and comply with city regulations. • Building Use: Commercial manufacturing facility • GC: Baker Constructors • Architect: Olsen Performance Team, LLC • Size: 50,000 SF •Final Price: �7.8 Million • Delivery: GC • Duration: 12 months/ Addition was 16 weeks Completion: 2021 •Owner: DelRose 9251, LLC • Type: New Construction/addition Intec Frederick, Colorado Baker Constructors led the way in the construction of this 35,000 square foot ground-up project. With assistance from our sister companies—Silverback Excavation, Baker Concrete Solutions, Baker Steel Erectors, and DFB Buildings—we successfully completed the project under budget and ahead of schedule. The building includes a 5,000 square foot tower for multi-level office space. The remaining 30,000 square feet was customized for Toro Robotics and another user, who occupied 8,000 square feet of the warehouse. This pre-engineered metal building (PEMB) was designed with a blend of architectural features, including stone veneer, stucco metal panels, reverse R panels, and an SSR roof. • Building Use: Robotic testing/ sales • GC: Baker Constructors • Architect: Olsen Performance Team • Size: 35,000 sq.ft. •Final Price: �6.4 Million • Delivery: (80% design Build/20% bid Build) • Duration: 18 months encompassing 12 months of design and permitting & 6 months of Construction • Completion: 2023/West TI finish is under construction • Owner: Bear Peak Development • Type: New Construction TORO ROBOTICS Frederick, Colorado • Building Use: Office & Factory • GC: Baker Constructors • Architect: EV Studio • Size: 35,000 SF •Current Price: �6.3 Million • Delivery: Design Build • Duration: 3 months/Ongoing • Owner: Harbour Asset Management, LLC • Type: New Construction SPHERE RENEWABLES Fort Lupton, Colorado When presented with the opportunity to build a pre-engineered metal building for Sphere Renewables new manufacturing warehouse and office space, Baker Constructors excitedly accepted. With a fantastic building design from DFB and the partnership of Baker Industrial Fabrication, Baker Concrete Solutions, Baker Steel Erectors, and Silverback Excavation the new building proudly stands along County Road 8 near the Fort Lupton Fire Station #3. The building features 35,000 square feet of warehouse space for production of wind energy components with three overhead cranes and overhead door entrance and exits to 5 bays sized to accommodate full length trailer trucks. A sunken loading dock with a three bay truck ramp facilitates delivery logistics ensuring uninterrupted operation within the warehouse. The 3,500 square feet of office space houses the Sphere Renewables team members adjacent to the manufacturing space for quick operational collaboration. The building sits on a large site with an auxiliary staging yard to the south of the building to further facilitate delivery logistics. Governor Jared Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov Strengthening Colorado Communities November 8, 2023 The Honorable Amy Phillips, Mayor Town of Avon P.O. Box 975 100 Mikaela Way Avon, CO, 81620 RE: EIAF 9772 – MSL Avon Downtown Improvements Dear Mayor Phillips: Congratulations! After thorough review, I am excited to offer a grant award in the amount of $1,000,000 from the Main Street LIVE Initiative to assist with the above mentioned project. Your project was reviewed based on a variety of factors such as its connection to energy impact, degree of need, measurable outcomes, amount of request, relationship to community goals, level of local match and community support, management capacity, resiliency and readiness to go. Competition for these limited funds is intense and we are seeing great demand. DOLA supports local governments with direct place-based development, redevelopment, and housing in downtowns as a critical component to a robust and active economy, local government fiscal health, and sustainable development patterns. The Main Street LIVE Initiative is designed to fund reinvestment in downtowns and enhance long-term sustainability, add to the built environment, attract workforce, and augment other energy and housing projects. These grant funds will be from state severance tax proceeds, which may cause you to go to election to receive and spend them. You should confer with your legal and budget advisors to determine if such an election is necessary. Please contact your DOLA Regional Manager, Kate McIntire, at 970-744-0760 for information on how to proceed. Expenditure of State funds prior to the contract being fully executed cannot be included in the contract budget or reimbursed by the State. Per our program guidelines, this offer is valid for one year from the date of this letter. I wish you success with your project. Thank you for helping Colorado build an economy where all Coloradans can thrive. Sincerely, Rick M. Garcia Executive Director cc: Dylan Roberts, State Senator Meghan Lukens, State Representative Eric Heil, Town of Avon Patty McKenny, Town of Avon Kate McIntire, DOLA 970-390-2014 ewilson@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Eva Wilson, Public Works Director RE: Notice of Award – Lot 5 Recycling Center Improvements DATE: September 16, 2024 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the construction of the Lot 5 Recycling Center Improvements project as approved in the Town of Avon 2024 Capital Projects Fund, and to increase the budget from $110,00 to $336,500. The net increase to the Town of Avon is $108,500. Eagle County has committed to a 50/50 partnership to improve the Recycling Center and will provide a new cardboard compactor, larger recycling containers, and catwalks for better access. The Town of Avon will provide a Styrofoam densifier that was granted from a Colorado Recycling Resources Economic Opportunity (RREO). The project will construct reinforced concrete pads and provide electrical power for the styrofoam densifier and cardboard compactor. In addition, the existing asphalt pavement is in very poor condition and will be replaced. Construction will begin in October upon approval. Lot 5 Recycling Center PROJECT: In May 2024, the Town was awarded a $100,000 Colorado Recycling Resources Economic Opportunity (RREO) grant for a styrofoam densifier. Additionally, Eagle County has committed to a 50/50 partnership to improve the Recycling Center and will provide a new cardboard compactor, larger recycling containers, and catwalks for better access to the recycling bins. The project will construct reinforced concrete pads and provide electrical power for the styrofoam densifier and cardboard compactor. In addition, the existing asphalt pavement is in very poor condition and will be replaced. Lot 5 Recycling Center Sign Plan Bid Process: Five (5) local contractors were solicited for construction bids. Those contractors included RPM Construction, 360 Paving, Phoenix Industries, Grand River Construction, and GM Asphalt Repair. Three (3) bids were received. The GM Asphalt Repair’s bid was $273,492, 360 Paving’s bid was $276,967 with performance in 2025, and Phoenix Industries’ bid was $416,994.93. All three contractors are active in Eagle County and are capable of successfully executing the proposed scope of work. Page 2 of 4 Page 3 of 4 Construction Schedule: Construction can begin in October 2024. The performance period of the project should not exceed six (6) weeks. FINANCIAL CONSIDERATIONS: This project is approved in the 2024 Capital Improvement Program for $110,000. Eagle County provides daily maintenance of the site. The Town of Avon will need to provide an Operator for the styrofoam densifier which is estimated at 1/5th of an FTE (one day/Wk). Because this is a new public service, the demand is unknown. The Operations Division will provide support for the Styrofoam densifier until additional data is available for future planning. Total Recycling Center Improvements: Styrofoam Densifier $ 0.0 (grant funded) Cardboard Compactor, Larger Containers, Catwalks (EC) $ 100,000 Construction Project Costs: Design/Construction Mgt $ 15,000 Construction Costs $ 273,492 Contingency (10%) $ 28,000 Surveillance Cameras (separate contract) $ 20,000 Total Improvement Costs: $ 436,500 With an estimated project cost of $436,500, contributions by Avon/Eagle County will be $218,250/each. Total Improvements Breakout: Eagle County -Cardboard Compactor, New Containers/Catwalks $100,000 -Cash $118,250 Town of Avon -Cash $218,250 Total Improvement Costs $436,500 Available CIP “Project” Budget: $110,000 Town of Avon’s 50/50 contribution $218,500 Additional CIP funds needed $108,500 Total Construction Project Costs: Construction Project Costs: Design/Construction Mgt $ 15,000 Construction Costs $ 273,492 Contingency (10%) $ 28,000 Surveillance Cameras (separate contract) $ 20,000 Total Project Costs: $ 336,500 Page 4 of 4 RECOMMENDATION: I recommend Council authorization to award the construction of the Avon Recycling Center Improvements project to GM Asphalt Repair in the amount of $273,492 as approved in the Town of Avon 2024 Capital Improvement Projects Fund and increase the Avon Recycling Center CIP project budget to $336,500 with the understanding that Eagle County will contribute $118,250 in cash for the project. PROPOSED MOTION: “I move to authorize the issuance of a Notice of Award for the construction of the Avon Recycling Center Improvements to GM Asphalt Repair in the amount of $273,492 as approved in the Town of Avon 2024 Capital Improvement Projects Fund and increase the Avon Recycling Center CIP project budget to $336,500 with the understanding that Eagle County will contribute $118,250 in cash for the project. Thank you, Eva CASE COMMITTEE MEETING MINUTES THURSDAY, AUGUST 15TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 1 | 4 1. ROLL CALL Present: Town Councilors Ruth Stanley and Lindsay Hardy, Committee Members Kerri Thelen, Thomas Walsh, Danielle McNair, Calyn Reiger, and Pedro Campos, Board Members from the Vail Valley Art Guild (VVAG) Tara Novak and Christine Sena Staff: Culture, Arts & Special Events Manager Danita Dempsey, Senior Special Events Coordinator Chelsea Van Winkle, Special Events Coordinator Mike Pasquarella, General Government Intern Arnell Wade, and Town Manager Eric Heil Absent: Committee Chair Justin Chesney Online: VVAG Board President Melissa Macdonald The meeting was called to order at 12:33 p.m. 2. PUBLIC COMMENT No public comments were made. 3. MINUTES Committee Member Reiger motioned to approve the minutes from June 20, 2024. Committee Member Walsh seconded the motion, and it passed unanimously. 4. STAFF UPDATE CASE Manager Dempsey presented the Salute to the USA Recap video to the CASE Committee stating that the project was led by Communications Manager, Liz Wood. CASE Manager Dempsey also mentioned that the mural is complete named “Queen of the Valley” | “Reina del Valle”. CASE Manager Dempsey mentioned that the NEA Grant application has been submitted and hopefully in April of 2025 we receive this grant of up to $50,000 for the culture and arts strategic plan. CASE Manager Dempsey mentioned that the first draft of the proposed budget for 2025 has been entered for consideration with approximately a 3% increase year over 2024 adopted. CASE Manager Dempsey introduced General Government Intern Arnell Wade to present the proposed change to the dog ordinance that Town Manager Eric Heil tasked him with. General Government Intern Wade presented the current/existing language as well as the proposed new language of the ordinance which can be viewed within the meeting packet materials. Town Manager Heil thanked Arnell for his work on this and mentioned that the ordinance change is designed to give the Town flexibility around dogs at special events. He mentioned that there are some events where dogs would not be appropriate, and that would be up to his discretion in collaboration with town staff. The Committee commented/inquired: A. Do we need to add something that says we have the ultimate discretion around dogs at specific events? CASE COMMITTEE MEETING MINUTES THURSDAY, AUGUST 15TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 2 | 4 B. Have there been any problems this season or last season with dogs at events? C. From a branding standpoint, it is important to let the community know about this change. Town Manager Heil mentioned that this proposed language is not final and is intended to provide us with flexibility to make decisions as needed. CASE Manager Dempsey responded that there have not been issues this year or last year. She mentions that we have tried to be accommodating by creating dog friendly areas so those that are allergic, scared of dogs, etc. do not have to interact with the dogs. Several committee members mentioned that was a good point and informing the community about this is important. Language around well-behaved dogs and leashed will be added to this proposed ordinance update. 351 BUILDING SUMMARY & CONCEPTS: CASE Manager Dempsey presented the 351 Old Fire Station conceptual uses information. These concepts are in front of this committee first and then will be brought to other citizen committees before being presented to the council. These are just draft concepts, and they could change. She asks the group not to focus too much on the concepts, but rather the entire project. The report surrounding this proposed concept can be found within the meeting packet materials. CASE Manager Dempsey notes the history of the project and mentioned that the Avon Pavilion was built 10 years ago, and this makes sense timing wise that we are looking to expand our spaces. Case Manager Dempsey mentions the partnership with the VVAG, and how some of these spaces may serve that organization in the future. Currently they are located here in Avon along the Main Street Mall. CASE Manager Dempsey encourages committee members to visit the location and to do an art activity. Town Manager Heil asks the committee if they have had a chance to walk through the old fire station. It is split between the committee members if they have been on a tour or not. He mentions the Art Spot in Silverthorne and how they renovated an old firehouse into their art spaces. This model has been one we’ve used to build our plan. Next steps include receiving funding (NEA Grant), and then contracting with an architect to come in and assist with the development of the building. The more we can keep those costs down the better it will be for incoming artists in that space. The architect will help us to look at all the different ideas and programming and determine what is viable, and what needs to be done to the building to make other ideas/programming viable. Town Manager Heil gives a brief overview of the potential timeline of this project. 2025 the architect will be brought in, 2026 grants will be applied for, and hopefully in 2027 we can put the budget for the renovations into the Capital Improvement Plan. Melissa from VVAG mentioned that their space on the Main Street Mall is great, but that they have already outgrown it. They would be open to a phased project that would potentially allow them to move in sooner. Town Manager Heil mentioned that the biggest issue is safety, and we will need to ensure that fire suppression and other aspects are handled before occupancy. Melissa mentions that there isn’t much “funky” architecture in Avon, and she hopes that the architects keep that in mind when designing this space. CASE COMMITTEE MEETING MINUTES THURSDAY, AUGUST 15TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 3 | 4 PEER COMMUNITY SITE VISITS: CASE Manager Dempsey begins to present the peer community visit report as well as some pictures of the old fire station as it exists now. These materials can be found within the committee meeting packet. The Committee commented/inquired: A. VVAG President Melissa mentions the different revenue/income streams that could come from the renovation of the Old Fire Station. B. Town Manager Heil mentioned that we have about a 4-acre plot that is in the east core that could be a potential location for an art space as well in the future. He says this to bring up the fact that we don’t have to fit everything into the Old Fire Station as there are other opportunities for growth. C. Committee member Thelen mentions that Avon sometimes feels disjointed, and that this opportunity could be a great way to present a funky art walk that could tie the town together. D. Town Manager Heil asks everyone to bullet point everything they think could be great for this community, as well as bullet point everything that could generate revenue. In 2025 we can comb through all of this and decide what/may work in the final space. E. Committee Member McNair mentioned that Carbondale faced some challenges from getting too big too quickly. We should all keep these potential challenges in mind when building our plan out. They renovated an old post office for their art space. F. VVAG Board member Tara brings up the potential synergy of this space with the rest of the park and within the rest of Avon. G. CASE Manager Dempsey mentioned that the authentic needs of our community will be the driving force behind the programming and decision making for this project. She mentioned how in Grand Lake they really focused on what programming resonated with the community to determine space and programming. H. VVAG Board members Tara, Christine, and Melissa mentioned different needs within our community that they have either noticed themselves or have been brought to their attention through serving on the VVAG board. I. VVAG Board members mention the art/jazz show at the CMC campus in Edwards is on September 20th and request the committee to register to attend to come check it all out. There is food, drink, entertainment, and art on display. J. CASE Manager Dempsey opens the floor for further comment from the committee: -Committee member Reiger mentioned that he is happy with the direction things are headed but would like to move quickly to keep artists in this valley. -VVAG Board member Christine talks about her time in DC and how an old torpedo factory she visited offered art classes and studio spaces near where she lived. She mentioned it had a very similar business model to what we are proposing. She mentioned that it made her think of how important these spaces are to communities like ours. She talked about how this building sparked commerce in different industries around this space. It created a spark that rejuvenated this community’s micro economy. -Town Councilor Hardy mentions that she is excited for the endless possibilities and talks about the 11th street revitalization of Durango. They turned an old Conoco into a Food Truck hub that had similar implications to the economy as previously discussed. -Committee member McNair mentioned that the timeline is likely longer than we wish for it to be, but this space is so important for our community. She mentioned that Silverthorne started with the art building and look at everything that was built around it. The Town grew, and art was the start of it. CASE COMMITTEE MEETING MINUTES THURSDAY, AUGUST 15TH, 2024 IN PERSON AT AVON TOWN HALL CASE COMMITTEE MEETING MINUTES, 20 JUNE 2024 PAGE 4 | 4 -Committee Vice Chair Campos offers his full support. He is very excited for this possibility. He mentions the location is ideal in regard to the rest of the Town’s assets and will help the community build even more around it. He mentions that there is not a Point of Sale to purchase a sandwich, coffee, etc. on this side of town and that the proposed coffee shop within the Old Fire Station would be the first piece of commerce in this area of town. -Committee member Walsh mentioned that he is excited about this opportunity but wants to advocate for the performing arts. He mentions that he has heard from some community members about the need for performance space and asks the committee to explore that option as well. -VVAG Board member Tara mentions that culinary is another art that we should not overlook. She thanks the committee for their hard work on this and that this has been her dream for a long time. She has always been an artist and has been in this community for a long time. She appreciates the hard work and ideas that have been brought to this initiative. -Committee member Thelen mentions that this is a great way to connect the arts to our current events schedule. She wants us to be mindful of our programming, and that we could bring a lot of energy to that area. -Town Councilor Ruth Stanley mentioned that she is all for it and is looking forward to the Council work session regarding this project. -Town Manager Heil mentioned that we have some town engineers working on a lot of projects, and that this may take longer than expected because of the workload that already exists. -VVAG Board President Melissa mentioned that there is an opportunity to offer programming to a large part of our community by offering programming targeted towards the Hispanic community here in Avon. -Town Manager Heil explains the Downtown Development Authority and their involvement in this. FINANCIAL CONSIDERATIONS: CASE Manager Dempsey replied: 5. CLOSING COMMENTS There were a few comments surrounding next steps, and CASE Manager Dempsey notes the upcoming presentations of this project to P&Z, DDA, Health & Rec, and finally Town Council. CASE Manager Dempsey shares the timelapse video of the mural at the Avon Elementary School. 6. ADJOURNMENT The meeting was adjourned at __1:57___ p.m. Respectfully submitted by: Mike Pasquarella Special Events Coordinator AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT MONDAY, SEPTEMBER 9, 2024 1. CALL TO ORDER AND ROLL CALL ACTION: MEETING COMMENCED AT 5:40PM BY CHAIRPERSON ANTHONY SEKINGER. A ROLLCALL WAS TAKEN, AND ANTHONY SEKINGER, OLIVIA COOK, NICOLE KEVIN HYATT, AND BRIAN SIPES WERE PRESENT. ABSENT WERE COMMISSIONER NICOLE MURAD AND BRAD CHRISTIANSON. ALSO PRESENT WERE COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, AND DEVELOPMENT COORDINATOR, EMILY BLOCK. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER HYATT MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER SIPES SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY 4-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS COMMISSIONER SEKINGER MENTIONED THAT HE RECENTLY INQUIRED ABOUT THE STATUS OF THE 351 BENCHMARK PROPERTY TO MAX MORGAN. COMMISSIONER SIPES SENT INFORMATION TO EMILY BLOCK RELATED TO OTHER ART FACILITIES, INCLUDING TELLURIDE EXAMPLE, AFTER HE RECEIVED THE PACKET. THE COMMISSIONERS DETERMINED THAT THESE WERE NO CONFLICTS OF INTEREST. 4. PUBLIC COMMENT NONE 5. WORK SESSION 5.1. CONCEPT FOR CULTURE & ARTS BUILDING AT 351 W BENCHMARK RD – DANITA DEMPSEY, CASE MANAGER ACTION: NO ACTION. 6. CONSENT AGENDA 6.1. AUGUST 26, 2024 PLANNING AND ZONING COMMISSION MEETING MINUTES 6.2. RECORD OF DECISION – MJR24005/AEC24005 NOTTINGHAM PARK IMPROVEMENTS ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER HYATT SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 4-0. 7. FUTURE MEETINGS 7.1. SEPTEMBER 23, 2024 (MONDAY – PZC TRAINING) 7.2. OCTOBER 21, 2024 (MONDAY – NO PZC TRAINING - VIRTUAL) 8. ADJOURN THE MEETING WAS ADJOURNED AT 6:47PM THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO BE COMPREHENSIVE OR TO INCLUDE EACH STATEMENT, PERSON SPEAKING OR TO PORTRAY WITH COMPLETE ACCURACY. THE MOST ACCURATE RECORDS OF THE MEETING ARE THE AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE. 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – August & July 2024 data DATE: September 12th, 2024 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for July 2024 and the recreation fees and real estate transfer tax revenues for August 2024. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for July revenues in 2024 and August 2024. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – July 2024: July sales tax revenues totaled $998,254. This is an increase of $19,326 or 1.97% compared to July 2023 sales tax revenue of $978,928. JULY 2023 v JULY 2024 SALES TAX COMPARISON BY INDUSTRY July 2023 July 2024 Increase/Decrease Home/Garden $93,136.83 $84,015.79 ($9,121.04) Grocery/Specialty/Health $232,730.89 $241,191.94 $8,461.05 Sporting Goods Retail/Rental $58,610.61 $59,991.16 $1,380.55 Miscellaneous Retail $36,713.61 $34,401.29 ($2,312.32) Accommodations $185,266.91 $162,503.73 ($22,763.18) Restaurants/Bars $207,286.96 $204,485.45 ($2,801.51) Other $11,706.71 $9,335.91 ($2,370.80) Service Related $23,318.58 $27,830.57 $4,511.99 Liquor Stores $18,964.63 $27,888.41 $8,923.78 E-Commerce Retail $60,198.42 $83,639.21 $23,440.79 Manufacturing/Wholesale $12,387.74 $9,965.23 ($2,422.51) Construction Related Services $29,009.38 $36,917.85 $7,908.47 Digital Media Suppliers/Sellers $6,273.75 $6,406.36 $132.61 Commercial/Industrial Equipment $841.91 $738.76 ($103.15) Special Events $2,481.74 $8,943.26 $6,461.52 TOTAL $978,928.67 $998,254.92 $19,326.25 Page 2 of 11 Sales Tax: July 2024 Budget v Actual Collections: July 2024 sales tax revenues totaled $998,254. This is a decrease of $143,667 over the July 2024 estimates of $1,141,922. This is 12.58% below the adopted 2024 budget (based on a 3-year average). JULY 2024 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance July $1,141,922.86 $998,254.92 ($143,667.94) (12.58%) 700,496.72 1,042,949.28 1,033,989.88 978,928.67 $998,254.92 48.89% -0.86%-5.33% 1.97% $300,000 $500,000 $700,000 $900,000 $1,100,000 $1,300,000 2020 2021 2022 2023 2024 2020-2024 July Sales Tax Revenue Trend Page 3 of 11 Accommodation Tax: Revenues – July 2024: Accommodation tax revenues totaled $167,020 for the month of July. This is a decrease of $28,742 or 14.68% compared to July 2023 accommodation tax revenues, which totaled $195,763. Accommodation tax collections by industry type for July 2024 compared to July 2023 reported a decrease for Hotels, Timeshares, and Vacation Rentals. JULY 2023 v JULY 2024 ACCOMMODATION TAX COMPARISON BY INDUSTRY July 2023 July 2024 Increase/(Decrease) Timeshares $33,053.54 $24,997.06 ($8,056.48) Hotels $91,461.00 $78,749.02 ($12,711.98) Vacation Rentals $71,249.41 $63,274.89 ($7,974.52) TOTAL $195,763.95 $167,020.97 ($28,742.98) July 2024 Budget v Actual Collections: July 2024 accommodation tax revenues totaled $167,020. This is a decrease of $70,353 over the July 2024 estimates of $237,374. This is 29.64% below the adopted 2024 budget (based on a 3-year average). JULY 2024 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2024 Budget 2024 Actual Dollar Variance Percentage Variance July $237,374.68 $167,020.97 ($70,353.71) (29.64%) 112,238 250,280 205,765 195,764 167,021 122.99% -17.79%-4.86% -14.68% $0 $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 2020 2021 2022 2023 2024 2020-2024 July Accommodation Tax Revenue Trend Page 4 of 11 Short Term Rental Tax for CH: Revenues – July 2024: STR Tax for Community Housing totaled $72,637 for the month of July. This is a decrease of $12,871 or 15.05% compared to July 2023. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. JULY 2023 v JULY 2024 STR TAX FOR CH COMPARISON BY INDUSTRY July 2023 July 2024 Increase/(Decrease) Timeshares $16,526.77 $12,498.53 ($4,028.24) Hotels $35,609.12 $30,683.55 ($4,925.57) Vacation Rentals $33,373.04 $29,455.46 ($3,917.58) TOTAL $85,508.93 $72,637.54 ($12,871.39) Tobacco & Cigarette Tax: Revenues – July 2024: Tobacco tax revenues totaled $29,791 and cigarette tax revenues totaled $22,596 for July 2024. Compared to July 2023 revenues, this is a decrease of $6,658 for tobacco tax revenues, which totaled $36,450 and a decrease of $281 for cigarette tax revenues, which totaled $22,878. 23,534 29,008 33,558 36,450 29,792 23.26% 15.68% 8.62% -18.27% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 2020 2021 2022 2023 2024 2020-2024 July Tobacco Tax Revenue Trend Page 5 of 11 July 2024 Adopted Budget v Actual Collections: July 2024 tobacco and cigarette tax revenues totaled $29,791 and $22,596, respectively. This is a decrease of $4,995, over the July 2024 budget for tobacco tax, which is $34,787 and a decrease of $485 over the July 2024 budget for cigarette tax estimates, which is $23,081 which is based on a 3-year average. JULY 2024 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Tobacco $34,787.34 $29,791.52 ($4,995.82) (14.36%) Cigarettes $23,081.98 $22,596.54 ($485.44) (2.10%) Total ($5,481.26) 28,215 25,719 23,163 22,878 22,597 -8.85% -9.94%-1.23%-1.23% - 5,000 10,000 15,000 20,000 25,000 30,000 2020 2021 2022 2023 2024 2020-2024 July Cigarette Excise Tax Revenue Trend Page 6 of 11 Real Estate Transfer Tax: Revenues – August 2024: August 2024 real estate transfer tax totaled $432,355. Compared to August 2023, which totaled $525,588, this is a decrease of $93,232. This is a decrease of $130,944 over the August 2024 budget which was based on a 3-year average. AUGUST 2024 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $563,299.45 $432,355.14 ($130,944.31) (23.25%) $608,328 $507,892 $209,520 $525,588 $432,355 -16.51% -58.75% 150.85% -17.74% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 2020 2021 2022 2023 2024 Real Estate Transfer Tax August Revenue Trends Page 7 of 11 Recreation Center Fees: Revenues – August 2024 Admissions & Program Fees: Recreation admission revenues for August 2024 totaled $97,482 is a decrease of $1,853 compared to August 2023 which totaled $99,335. This is $7,654 below the adopted 2024 budget estimates of $105,136. Recreation program fee revenues for August 2024 totaled $38,636. This is a decrease of $12,694 compared to 2023, which totaled $51,330 This is $19,961 below the adopted 2024 budget estimates, which is $58,598 which is calculated based on a 3-year average. 23,879 76,658 121,505 99,336 97,482 221.02% 58.50% -18.25%-1.87% - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 2020 2021 2022 2023 2024 Recreation Admissions August Revenue Trends $64,082 $63,466 $54,452 $51,331 $38,636 -0.96% -14.20%-5.73% -24.73% $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2020 2021 2022 2023 2024 Recreation Program Fees August Revenue Trends Page 8 of 11 Tax Revenue Comparison – Summer Season 2023 v 2024: All taxes and Rec Center fees are down for the Summer 2024 Season compared to Summer 2023. Below is a table which reflects the dollar change and percentage variance. Total revenue for the Season to Date is reflecting an unfavorable variance to 2023. Tax Revenue Comparison – 2023 v 2024: All taxes are down for 2024 compared to 2023. Below is a table which reflects the dollar change and percentage variance. Total revenue for the YTD is reflecting an unfavorable variance to 2023. 2023 v 2024 STD Revenue Comparison 2023 2024 Dollar Variance Percentage Variance Sales Tax $2,941,468.62 $2,849,633.68 ($91,834.94) (3.12%) Acc. Tax $391,336.90 $355,502.31 ($35,834.59) (9.16%) STR Tax for CH $168,613.68 $152,730.85 ($15,885.83) (9.42%) Tobacco Tax $94,689.38 $74,155.28 ($20,534.10) (21.69%) Cigarette Tax $62,388.00 $61,254.54 ($1,133.46) (1.82%) Rec Admissions $409,003.30 $367,372.78 ($41,630.52) (10.18%) Rec Program Fees $166,797.43 $166,756.19 ($41.24) (0.02%) TOTAL $4,234,297.31 $4,027,405.63 ($206,894.68) (4.8%) 2023 v 2024 YTD Revenue Comparison 2023 2024 Dollar Variance Percentage Variance Sales Tax $7,803,757.73 $7,696,078.72 ($107,679.01) (1.38%) Acc. Tax $1,570,671.27 $1,383,158.62 ($187,512.65) (11.94%) STR Tax for CH $705,828.78 $626,529.45 ($79,299.33) (11.23%) Tobacco Tax $216,754.78 $191,676.59 ($25,078.19) (11.57%) Cigarette Tax $140,089.50 $138,771.54 ($1,317.96) (0.94%) Rec Admissions $802,725.31 $842,885.25 $40,159.94 5.00% Rec Program Fees $307,707.91 $311,010.76 $3,302.85 1.07% TOTAL $11,547,535.28 $11,190,110.93 ($357,424.35) (3.10%) Page 9 of 11 Adopted Budget 2023 v Actual 2024: Sales Tax, Accommodations Tax, STR for CH, and Tobacco Tax reflect an unfavorable variance over the 2024 budget. Total revenue for the YTD is reflecting an unfavorable variance to the 2024 budget. Below is a table which reflects the dollar change and percentage variance. Real Estate Transfer Tax: Revenues YTD 2024 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2024 Budget 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $4,746,290.16 $4,518,467.11 ($227,823.05) (4.80%) 2023 Actual 2024 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $3,033,672.32 $4,518,467.11 $1,484.794.79 48.94% 2024 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $8,033,880.79 $7,696,078.72 ($337,802.07) (4.20%) Acc. Tax $1,580,305.49 $1,383,158.62 ($197,146.87) (12.48%) STR Tax for CH $700,100.70 $626,529.45 ($73,571.25) (10.51%) Tobacco Tax $207,643.19 $191,676.59 ($15,966.60) (7.69%) Cigarette Tax $138,092.09 $138,771.54 $679.45 0.49% Rec Admissions $674,159.89 $842,885.25 $168,728.36 25.03% Rec Program Fees $266,034.91 $311,010.76 $44,975.85 16.91% TOTAL $11,600,217.06 $11,190,110.93 ($410,106.13) (3.54%) Page 10 of 11 New and Renewed Business and STR Licenses – 2023 v 2024: The total number of 2024 business licenses issued through August was 755. This was down 34 licenses or 4.3% for the year to date. The total number of STR licenses issued through July was 115. Compared to August 2023 the STR licenses were down 12 licenses or 9.4% for the year to date. - 100.00 200.00 300.00 400.00 500.00 600.00 700.00 Business License - Vendor Business License - Fixed Location Business License - Home Occupation Business License - Special Event Business Licenses Issued 1/1 -8/31 2022 2023 2024 2024 v 2023 – Business and STR Licenses Period 1/1 – 7/31 2024 2023 License Variance Percentage Variance Business License - Vendor 545 578 (33) (5.7%) Business License – Fixed Location 136 140 (4) (2.9%) Business License – Home Occupation 45 41 4 9.8% Business License – Special Event 29 30 (1) (3.3%) TOTAL BUSINESS LICENSES 755 789 (34) (4.3%) STR License 115 127 (12) (9.4%) Page 11 of 11 EXPENDITURES: JUNE 2024 General Fund YTD Actuals v 2024 Budget: General Fund expenditures through August 2024 total $15,136,693 which is 57.52% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2024 Budget: Mobility Fund expenditures through August 2024 total $1,584,879 which is 44.04% of the total adopted budget. These expenditures include the cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2024 Budget: Fleet Maintenance expenditures through August 2024 total $1,363,433 which is 62.53% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2024 Budget: The Capital Improvement expenditures through August 2024 total $4,097,512 which is 41.91% of the total adopted budget. These expenditures were made up of primarily West BC Blvd. street improvements, Public works garage, Nottingham Rd basin erosion control, and trail improvement projects. Thank you, Dean 0 20 40 60 80 100 120 140 160 180 200 STR License STR Licenses Issued 1/1 -8/31 2022 2023 2024 970-748-4118 gpadilla@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Gary Padilla, Operations Manager RE: Public Operations Update: May - August 2024 DATE: September 16, 2024 General Maintenance • Maintained three parks: picked up debris, blew common areas, kept trees/overgrowth trimmed, • Flower beds maintained by Whitaker Landscape in the following areas: o Avon Road, West and East Beaver Creek Blvd, Lake Street, Avon Station, and Post Blvd. Parks • Picked up trash and doggie stations daily at the following locations: o Harry A. Nottingham Park o Pocket Parks – Wildridge and Eaglebend o Mall o Eagle Valley Trail o Bus stops o Wildridge o Wildwood o West Avon Preserve parking areas. • Planted grass seed by slit seeding, both lower and upper fields, top dressed both fields with topsoil, leveled and sprayed Compost Tea (fertilizer, is a live culture used to feed the soil). Page 2 of 5 • Mowed all turf areas, kept parks, public areas, and fields maintained. • Removed dead spruce tree, north side of the park, 3 spruce trees on the Eagle Valley Trail (river path), Recreation Center parking lot, etc. • Started trimming up all trees at Harry A. Nottingham Park, Lake Street, Avon Road • Planted and maintained self-watering planters in various locations of Town • Turned on the irrigation system at Harry A. Nottingham Park o Repaired 8 main line breaks, repaired several laterals and sprinkler heads - on-going. • Turned on the irrigation system at Village at Avon, Post Blvd o Repaired main line breaks, valve boxes, sprinklers heads, and shut off valves – on- going. o Water at the following locations:  Post Blvd – all areas between roadway and sidewalk, medians, in the islands at the center of the roundabouts • Cleaned out pump station and manhole that operate the Village at Avon irrigation system • Sprayed weeds on turf areas • Repaired fence post at the Pickleball courts from a motor vehicle accident. • Installation of an aerator for Nottingham Lake o Leveled aerator box and covered air hoses. o The aerator will operate daily, and zones on the south side of the lake will be turned off in the wintertime, for ice skating maintenance. Page 3 of 5 • Repaired fence railings along the Eagle Valley Trail (river path), Swift Gulch Road etc. • Installed 220 tons of sand at the beach. Roads and Bridges • Inspected and cleaned storm sewer inlets, culverts with the Vactor truck, in the following areas: o Avon Road o Chapel Alley/Chapel Place • Catch basin o Post Boulevard next to the river. • Cleaned culverts and ditches in Wildridge o Old Trail Road Page 4 of 5 Vactor truck • Sign maintenance, street sweeping, cinder cleanup, removal of holiday lights and decorations. • Striped the Avon Recreation Center parking lot, Town Hall and other various areas • Repaired brick pavers that were a trip hazard at Avon Station – on-going • The Operations team attended the Town of Avon, Wildfire Evacuation Exercise • Installed delineators-ongoing • Managed repair work on Buck Creek Road, due to a fatal accident o Guardrail damage o Required environmental cleanup Projects • Removed concrete slab from 288 West Beaver Creek Boulevard due to the 2021 mud slides. • Thermoplastic installation, (crosswalks were inlaid and should last 5-7 years), work done by Stripe A Lot (contractor). • Installed thermoplastic (road markings) throughout Town • Crosswalk brick pavers repaired by contractor (Jimenez Masonry) • Village at Avon railing repair has been completed. (Thompson Welding and painting of railing (Eventual Choice Painting) at the following locations: o Post Blvd o Yoder Avenue • Manhole on Riverfront Lane was repaired. • Town of Avon cleanup week o Picked up 270 yards of unwanted items. o Ninety yards of branches and landscape were hauled to the landfill for mulch and composting. • Repaired nine stone columns on all sidewalk light poles. • Retaining wall on bike path at Nottingham Road was repaired • Sign replacement o Replaced over 50+ signs in different areas of Town  Either new signs, signs that were damaged or did not have reflectivity • Swept roadways and bike paths on a bimonthly basis • Special Events o Set up/strike all events this summer  Barricade, port-a-lets, tents, road closures and banners o Salute to USA  A successful, outstanding event! Staff enjoyed working this event and was very proud that it was such a successful event Page 5 of 5 Post Boulevard/Highway 6 CDOT Project • Weekly report given by CDOT Avon Road, Roundabout # 1 • The Operations team is getting a cost to repair bricks on the North side of the Roundabout. o work will consist of adding a concrete base, resetting the brick pavers on sand, adding new curb and gutter. • Will be removing dead spruce tree, and replanting 2 spruce trees • Public Works will be getting a Request for Proposal (RFP) to redesign the roundabout. • Proposed ideas are as follows (see below): o Large holiday decorations. o Bronze Statue o Avon Sign The Public Operations team is looking forward to any ideas or input the council may have on the redesign at roundabout #1 FINANCE COMMITTEE MEETING MONDAY, SEPTEMBER 16, 2024 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, September 16, 2024 1 | 2 1. ROLL CALL Present in Person: Committee members Clark Rogers, Craig Ferraro (arrived a few minutes late), John Widerman (arrived a few minutes late), Lisa Post, Markian Fedeschuk and Steve Coyer and Councilor Tamra Underwood. Absent: Councilor Rich Carroll Staff: Town Manager Eric Heil (arrived a few minutes late), Deputy Town Manager Patty McKenny, Chief Financial Officer Paul Redmond, Financial Analyst Chase Simmons, and Chief Administrative Officer Ineke de Jong, as Secretary. The meeting was called to order at 12:00 p.m. 2. APPROVAL OF MAY 20TH, 2024 MINUTES The minutes did not get approved at the last meeting as there was no quorum for that meeting. Committee member Lisa Post moved to approve the minutes. Committee member Steve Coyer seconded that motion and it passed 4 to 0. 3. APPROVAL OF JULY 15TH, 2024 MINUTES Committee member Lisa Post moved to approve the minutes. Committee member Clark Rogers seconded that motion and it passed 4 to 0. Craig Ferraro joined the meeting at 12:02 p.m. John Widerman joined the meeting at 12:03 p.m. Town Manager Eric Heil joined the meeting at 12:10 p.m. 4. PUBLIC COMMENT There was no public comment. 5. RESOLUTION 24-01 SUPPORTING TOWN OF AVON BALLOT ISSUE 2C - USE TAX ON CONSTRUCTION MATERIALS TO FUND COMMUNITY HOUSING (CFO PAUL REDMOND) Chief Financial Officer Paul Redmond introduced Resolution 24-01 and was present to answer any questions. Committee member John Widerman volunteered to be chairman of the committee. Councilor Underwood moved to appoint John Widerman as Chairman, committee member Steve Coyer seconded that motion. and it passed 6 to 0. Committee chair John Widerman then moved to approve Resolution 24-01 Supporting Town of Avon Ballot Issue 2C - Use Tax on Construction Materials to Fund Community Housing. Committee Member Clark Rogers seconded that motion, and it passed 6 to 0. 6. GENERAL UPDATE ON 2024 FINANCIALS (CFO PAUL REDMOND) Chief Financial Officer Paul Redmond delivered his presentation on the financial results through June 2024. Lodging numbers have dropped and overall revenues are down about 2% through June. As this was a work session, no action was taken. 7. GENERAL UPDATE ON 2025 PROPOSED BUDGET AND REVENUE PROJECTIONS (CFO PAUL REDMOND) Chief Financial Officer Paul Redmond delivered a presentation with revenue projections for 2025, FINANCE COMMITTEE MEETING MONDAY, SEPTEMBER 16, 2024 HYBRID MEETING; IN-PERSON AND ON TEAMS Finance Committee Meeting, September 16, 2024 2 | 2 flat to the adopted 2024’s budget. A summary of the feedback from the committee includes: • Employee compensation is very important for retention. • Does the Town offer inflation /Cost of Living increases • Has staff considered moving away from calendar year budgeting and moving to a July 1 to June 30th budget year? • The Cost of Living surveys in our region seem a bit inaccurate at times and downplay the actual cost of housing in Eagle County. • How are the Town’s reserves looking, a $13Mln balance is very healthy. As this was a work session, no action was taken. 8. DISCUSSION: COMMITTEE EXPIRATION AND DESIRE TO E XTEND (TOWN MANAGER ERIC HEIL) The committee is set to expire on December 31, 2024. At the beginning of the year, staff heard great interest & enthusiasm from the committee members to continue to serve on the committee. Later this year, staff could make a recommendation to Council to pass a resolution to make this a permanent committee so it does not expire every 2 years. Staff sees value of the committee looking at budgets, revenues, info on the Village at Avon and possibly the financial implications of the extension of vested rights in the Village at Avon. The committee members expressed it would be great to continue and for staff to bounce ideas of the committee before it goes to Council. The committee recommended going to Council to consider committee permanency. Committee member Markian Fedeschuk left the meeting at 1:00 p.m. 9. NEXT COMMITTEE MEETING DATE All members agreed to skip the November meeting (due to a conflict with PZC) & reconvene on Monday January 13, 2025 at 12:00 p.m. The agenda will include review of the RFP for the 2025 fiscal peer community comparison study and a few other items. Staff said there would be a committee appreciation dinner for all Avon boards, committees & the planning & zoning commission on Tuesday December 17. The committee asked Paul to send out the draft 2025 budget when it gets published to see if they have any comments or feedback. 10. ADJOURNMENT Committee Chair John Widerman moved to adjourn the meeting. Committee member Craig Ferraro seconded that motion and the meeting adjourned, the time was 1:05 p.m. Respectfully Submitted by: Ineke de Jong, Chief Administrative Officer. These minutes are action minutes and 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. DDA MEETING MINUTES MONDAY, SEPTEMBER 16, 2024 HYBRID MEETING, IN PERSON AND VIA MICROSOFT TEAMS AVON DDA MEETING MINUTES SEPTEMBER 16, 2024 PAGE 1 | 3 ROLL CALL Present in Person: Chair Tony Emrick, Vice-Chair Brandt Marott and Board Members Bill Glaner and Rob Tartre. Present Virtually: Board Members Gregg Cooper and Marcus Lindholm. Absent: Board Members Scott Tarbet, Wayne Hanson, Chris Neuswanger and Matthew Fitzgerald and Councilor Rich Carroll. Staff: Town Manager Eric Heil, Chief Financial Officer Paul Redmond, Chief Administrative Officer Ineke de Jong and General Government Fellow Arnell Wade. Town Clerk Miguel Jauregui (virtually). The meeting was called to order at 3:05 p.m. DDA Board Chair Tony Emrick presided over the meeting. 2. APPROVAL OF AGENDA Board Member Bill Glaner presented a motion to approve the agenda as presented. Board Member Rob Tartre seconded the motion. The motion was approved unanimously with a 6-0 vote of those present. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Board Chair Emrick asked if there were any conflicts of interest, and none were disclosed. 4. PUBLIC COMMENT No public comments were made in person nor virtually. 5. BUSINESS ITEMS 5.1 Resolution 24-01: Supporting Town of Avon Ballot Issue 2C - Use Tax on Construction Materials to Fund Community Housing (CFO Paul Redmond) Chief Financial Officer Paul Redmond presented Resolution 24-01. Under the Colorado Fair Campaign Practices Act, the DDA Board is allowed to support a ballot issue via resolution. Board member Brandt Marott expressed concerns with an additional 4% tax on construction projects. Staff explained that it replaces a 4% sales tax so it’s not an additional tax and should not cost the developer any more than it does now. The main difference is that Avon would be able to collect it completely & efficiently. There was discussion to better understand how use tax applies to new projects versus small home improvement projects, which are exempted. Board member Bill Glaner moved to approve resolution 24-01: Supporting Town of Avon Ballot Issue 2C - Use Tax on Construction Materials to Fund Community Housing. Board member Brandt Marott seconded that motion. There was further discussion. Board Member Gregg Cooper presented his take on an “elevator speech” that this proposal is “collecting a tax that is not being collected and using the use tax mechanism to do so”. He feels the marketing is presenting this as an additional tax, not a replacement of a sales tax. It is being viewed as a tax increase as it’s not properly understood. Town Manager Eric Heil explained there is an issues committee that is supporting this ballot issue. The Town of Avon is not allowed to promote it under the Fair Campaign Practices Act (FCPA). After this discussion, the motion passed 5 to 0. Board Member Gregg Cooper abstained from the vote. 5.2 Work Session: Review of Community Arts Center Concept at 351 West Benchmark Road (Town Manager Eric Heil) Town Manager Eric Heil delivered a presentation to review of Community Arts Center Concept at 351 West Benchmark Road. He expressed that staff has been touring peer communities with art & culture centers to DDA MEETING MINUTES MONDAY, SEPTEMBER 16, 2024 HYBRID MEETING, IN PERSON AND VIA MICROSOFT TEAMS AVON DDA MEETING MINUTES SEPTEMBER 16, 2024 PAGE 2 | 3 see how they operate and what works and what doesn’t work. Eric explained there is no shortage of ideas. At this point, we are running the concept by PZC and all citizen committees and the Avon DDA Board to get input on the concept. We will have to do this in small steps and probably use a phased approach as it could get very expensive to do everything all at once. The big ticket items are the roof, the fire suppression, upgrading the water lines, adding in a small commercial kitchen, adding an ADA bathroom and the landscaping on the exterior of the building. The Town has partnered with the Vail Valley Art Guild and is providing rent subsidy for 3 years. That partnership would help with grants and fundraising and hopefully create momentum to expand and eventually using part of this building when the 3-year lease is up. A summary of the feedback from the board members includes: • The Art Guild seems to be busy on the pedestrian mall and there is a lot of activity. • Adding coffee or sandwich offerings will make it even more attractive. • This fits in and is a complimentary piece to the civic core of town including the rec center and Town Hall municipal building. • These are all the right things! • Is the initial investment dependent on a business model of cashflow in the future? Is there a way to make this an entity that is cash flow positive? • Should the Town look for third party providers to come operate this? • Very generally, this is an appropriate concept for the area and attracts the summer interest for people to stop by and check it out. • Having a financial plan will be important. • The first step could be a feasibility study, more so than architectural design as nobody even knows what it will take to make the building functional. • Board member Gregg Cooper asked for the business plan to be the first step, before doing a feasibility study or paying an architect. Board Member Marcus Lindholm left the meeting at 4:07 p.m. Staff explained that next steps are bringing an architect onboard and for staff to model the Performa of cashflow payback. There was a general direction of interest to explore it further. Staff suggested a motion to support exploring the concept of a Community Art Facility at this location further and work with Board Chair Tony Emrick to work on concepts and compare to how they fit the Avon DDA plan. How would this fit as an activity/amenity in the Avon DDA Boundary. Board Chair Tony Emrick moved that motion as presented. Board member Bill Glaner seconded that motion and it passed 5 to 0. 6. MINUTES Board Member Gregg Cooper presented a motion to approve the Minutes from Avon DDA Board Meeting held August 5, 2024. Board Member Rob Tarte seconded the motion. They were approved with a 5-0 vote. 7. ADJOURNMENT DDA Board Chair Emrick adjourned the meeting at 4:23 p.m. DDA MEETING MINUTES MONDAY, SEPTEMBER 16, 2024 HYBRID MEETING, IN PERSON AND VIA MICROSOFT TEAMS AVON DDA MEETING MINUTES SEPTEMBER 16, 2024 PAGE 3 | 3 Respectfully submitted by: Ineke de Jong Chief Administrative Officer 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.