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TC Packet 05-23-2017
TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 23, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW) 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. MEETING PROCEDURES FOR THE MEETING OF MAY 23, 2017 3.1. ACTION ITEMS • PRESENTATION OF ITEM • PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME • COUNCIL DISCUSSION • MOTION • COUNCIL DISCUSSION • VOTE 3.2. WORK SESSION AND PRESENTATIONS • PRESENTATION OF ITEM • COUNCIL DISCUSSION • PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME • COUNCIL DIRECTION 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA* - THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME (20 MINUTES) 5. EAGLE RIVER FIRE PROTECTION DISTRICT PRESENTATION (KARL BAUER, ERFPD FIRE CHIEF) (45 MINUTES) • CURRENT ASSESSMENT OF GENERAL PREPAREDNESS FOR WILDFIRE IN THE WILDRIDGE SUBDIVISION • MEDIA/ PIO PROCESSES/PROCEDURES FOR EVACUATION • EVACUATION PROCEDURES FOR WILDRIDGE • DECLARATION PROCESSES AND PROCEDURES 6. ACTION ITEMS 6.1. RESOLUTION 17-10 APPROVING A REBATE OF REAL ESTATE TRANSFER TAXES TO WALKING MOUNTAINS SCIENCE CENTER (TOWN ATTORNEY ERIC HEIL) (20 MINUTES) _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. Page 1 of 3 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 23, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET 6.2. PUBLIC HEARING SECOND READING OF ORDINANCE 17-06, APPROVING THE TOWN OF AVON COMPREHENSIVE PLAN, DATED MAY, 2017, A COMPREHENSIVE PLAN AMENDMENT APPLICATION (PLANNING DIRECTOR MATT PIELSTICKER) (20 MINUTES) 6.3. ACTION ON APPROPRIATING FUNDING AND ESTABLISHING THE PROCESS FOR USING FUNDS FOR A ONE-DAY AND/OR TWO-DAY MUSIC CONCERT (TOWN MANAGER VIRGINIA EGGER) (25 MINUTES) 6.4. FIRST READING OF ORDINANCE 17 – 09, AMENDING CHAPTER 2.08 MUNICIPAL COURT OF THE AVON MUNICIPAL CODE TO AUTHORIZE THE USE OF A COLLECTION AGENCY FOR MUNICIPAL COURT FINES (TOWN ATTORNEY ERIC HEIL) 6.5. CONSENT AGENDA 6.5.1. APPROVAL OF A LETTER OF SUPPORT FOR A NONBINDING FUTURE RENEWABLE ENERGY PURCHASE FROM THE 2018 COMMUNITY SOLAR PROJECT (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 6.5.2. APPROVAL OF MINUTES FROM THE MAY 9, 2017 MEETING (TOWN CLERK DEBBIE HOPPE) 7. WORK SESSION 7.1. PRESENTATION OF THE STRATEGY TO PURSUE A CREATIVE DISTRICT CERTIFICATION, INCLUDING DIRECTION ON INTERIM USES FOR THE AVON FIRE STATION (COUNCILOR AMY PHILLIPS) (35 MINUTES) 7.2. DIRECTION ON APPROACH FOR INTERIM USES FOR THE WILDRIDGE FIRE STATION (TOWN MANAGER VIRGINIA EGGER) (15 MINUTES) 7.3. DIRECTION FOR SOLICITATION OF INTERESTED BUSINESSES FOR OCCUPATION OF 1,150 SQUARE FEET OF AVAILABLE FINISHED SPACE ON THE SECOND FLOOR OF THE NEW TOWN HALL (TOWN MANAGER VIRGINIA EGGER) (15 MINUTES) 8. WRITTEN REPORT 8.1. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY APRIL 27, 2017, REGULAR BOARD MEETING 8.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT MARTHA ANDERSON) 9. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 10. ADJOURNMENT _________________________________________________________________________ *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 may permit public comments during any agenda item provided that such invitation does not hinder the ability of Council to conduct official Town business in an efficient manner. For matters which may involve substantial public comment by numerous members of the public, the Mayor or Council may propose limiting public comment to no less than three minutes per individual, which limitation on public comment must be approved by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. Page 2 of 3 TOWN OF AVON MEETINGS FOR TUESDAY, MAY 23, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: BEAVER CREEK RESORT COMPANY OF COLORADO EVENT NAME: BEAVER CREEK RODEO SERIES EVENT DATES: JUNE 22, 29, JULY 6, 13, 27, AUGUST 3 & 10, 2017; 4 PM UNTIL 10 PM LOCATION: TRAER CREEK LOT 1 EVENT MANAGER: PETE OSORIO PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 4.2. APPLICANT NAME: TEAM EVERGREEN EVENT NAME: TRIPLE BYPASS EVENT DATE: JULY 8, 2017; 11 AM UNTIL 8 PM LOCATION: NOTTINGHAM PARK EVENT MANAGER: SABRA NAGEL PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: WALMART STORES, INC. D/B/A WALMART #119 LOCATION: 171 YODER AVENUE TYPE: 3.2% BEER OFF PREMISES MANAGER: SAMUEL POTHIER 5.2 APPLICANT: YERF, LLC D/B/A TICINO ITALIAN RESTAURANT LOCATION: 100 W. BEAVER CREEK BLVD. #127 TYPE: HOTEL & RESTAURANT MANAGER: CHARLES FREY 6. REPORT OF CHANGE - TRADE NAME 6.1. APPLICANT: 3 DRAGONS, LLC NEW TRADE NAME: QI LOCATION: 100 W. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: MARTIN RODOSH 7. MINUTES FROM MAY 9, 2017 8. ADJOURNMENT _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. Page 3 of 3 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 09, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairman Fancher called the meeting to order at 5:06 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips and Megan Burch. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Recreation Director John Curutchet, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT Start time: 02:56 4.1. Applicant Name: Walking Mountains Science Center Event Name: Taste of Nature Gala Event Date: July 12, 2017; 5:00 pm until 11:00 pm Location: Walking Mountains Science Center Event Manager: Terri Scales Permit Type: Malt, Vinous & Spirituous Liquor The application was presented with no concerns. Terri Scales, Event Manager spoke regarding the upcoming annual signature fundraising event. Chairman Fancher opened the public hearing and no comments were made. Board member Phillips moved to approve the special event permit application for Walking Mountains Science Center Taste of Nature Gala event. Board member Wolf seconded the motion and it passed unanimously by those present. 4.2. Applicant Name: Bravo! Vail Music Festival Event Name: Bravo! Vail Soiree Event Date: June 23, 2017; 11:00 am until 11:00 pm Location: 108 Primrose Event Manager: Melissa Meyers Permit Type: Malt, Vinous & Spirituous Liquor The application was presented with no concerns. Chairman Fancher opened the public hearing and no comments were made. Caitlin Murry, Bravo! Vail Music Festival spoke regarding the upcoming event. Board member Phillips moved to approve the special event permit application for the Bravo! Vail Soiree event at 108 Primrose. Board member Gennett seconded the motion and it passed unanimously by those present. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 09, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 4.3. Applicant Name: Eagle Valley Humane Society Event Name: Ride Avon First Event Date: May 20, 2017; 1:00 pm until 7:00 pm Location: Nottingham Park Event Manager: Char Gonsenica Permit Type: Malt, Vinous & Spirituous Liquor The application was presented with no concerns. Chairman Fancher opened the public hearing and no comments were made. Board member Gennett moved to approve the special event permit application for Eagle Valley Humane Society Ride Avon First event. Board member Prince seconded the motion and it passed unanimously by those present. 5. MINUTES FROM APRIL 25, 2017 Start time: 10:16 Board member Smith Hymes moved to approve the minutes from April 25, 2017, Liquor Authority meeting. Board member Phillips seconded the motion and it passed with a vote of 5. Board member Prince and Board member Wolf abstained from the vote. 6. ADJOURNMENT There being no further business to come before the Board, Mayor Fancher moved to adjourn the liquor meeting. The time was 5:14 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Greg Daly, Chief of Police Date: May 23, 2017 Topic: Eagle River Fire Protection District Presentation SUMMARY: Chief Karl Bauer (Eagle River Fire Protection District), Community Risk/PIO Traci LeClair, Barry Smith (Eagle County Emergency Manager), Chief Greg Daly and Wildfire Mitigation Specialist Jeff Zechman will be present at Tuesday’s meeting for a work session with the Town Council to discuss the following items: • Current assessment of general preparedness for Wildfire in the Wildridge Subdivision • Media/ PIO processes/procedures for evacuation • Evacuation procedures for Wildridge • Declaration processes and procedures ATTACHMENT: ERFPD Wildland Mitigation and Response Presentation 5/16/2017 1 8JMEMBOE.JUJHBUJPO BOE3FTQPOTF 8JMEGJSF4FBTPO /BUJPOBM4UBUJTUJDT •Fires ‐67,959 •Acres ‐5,503,538 (38% of acres burned caused by humans) •Suppression Cost ‐$1,975,545,000.00 •Structures lost ‐4,312 •3000 homes •70 commercial buildings •FF Fatalities ‐15 Most costly fire ‐Soberanes (CA) •Acres burned ‐132,127 •Cost $262,500,000.00 Largest fire in Colorado ‐Beaver Creek Fire •38,380 acres •Human caused •Suppression Cost $30 million •17 structures lost (1 home) 8JMEGJSF4FBTPO /BUJPOBM4UBUJTUJDT 5/16/2017 2 •$PMPSBEPT8JMEMBOE6SCBO*OUFSGBDF 86* XJMMHSPXGSPN BDSFTJOUPNJMMJPOBDSFTCZ •$PMPSBEPIBTTFFOBXJMEGJSFJODSFBTFPGTJODF •Town of Avon – 6447 residents; anticipate 20,050 residents at buildout •Wildridge– ~600 units, 90% buildout•Wildwood –68 units, 100% buildout •Mtn. Star –66 units, 70% buildout 1FSTPOBMJ[FE)PNF'JSF3JTL"TTFTTNFOUT •Wildland Urban Interface (WUI) •2014 ‐7 •2015 ‐19 •2016 ‐14 •Structural •2016 ‐3 $VSCTJEF3JTL"TTFTTNFOUT 1SFWFOUJPO"XBSFOFTT Door‐to‐door in communities including Mtn. Star, Wildridge, Singletree/Berry Creek, Homestead, Cordillera/Cordillera Ranch, EagleVail, Minturn, and Red Cliff •2014 – 1300+•2015 – 2724 •2016 – 550 (rough estimate; not all documentation has been entered) •2017 ‐70+ homes where address had to be verified 5/16/2017 3 4USVDUVSF5SJBHF What is it? Structure triage is the process of inspecting and classifying structures according to their defensibility or non-defensibility, based on fire behavior, location, construction and adjacent fuels. Wildfire Risk Assessment Ratings •Low Risk – Structure is considered ‘Stand Alone.’ Little or no preparation needs to be done. •Moderate Risk –Defend with aggressive tactics if resources are available. Some preparation needed. •High Risk – Firefighters will defend with caution based on fire behavior, amount of preparation needed and available resources. •Extreme Risk – Cannot safely defend and/or cannot change risk with preparation work that is needed. 8JMESJEHF $VSCTJEF 3JTL "TTFTTNFOUT .UO4UBS $VSCTJEF 3JTL "TTFTTNFOUT 5/16/2017 4 .JUJHBUJPO 5/16/2017 5 &WBDVBUJPO1MBOOJOH •Evacuation Maps & Routes •Pre‐drafted Messaging for ECAlert •“Metcalf Mayhem” Emergency Management Exercise –Oct 1, 2016 'JSFGJHIUFS5SBJOJOH3FTQPOTF •All ERFPD Firefighters have Wildland “Red Cards” •Wildland Refresher, Saws Class, etc. Annually 1VCMJD*OGPSNBUJPO8BSOJOH •Homeowners Association Meetings •Farmers Markets/Open Houses •TV8 Appearances •Radio/Newspaper press releases/PSAs •Social media (Facebook & Twitter) 5/16/2017 6 $PNNVOJUZ8JMEGJSF1SPUFDUJPO1MBO $811 •Mechanism for communities to address their wildfire risk •Helps determine high risk areas in need of mitigation •Adaptable and easy to update; keep current with future growth (PBMT0CKFDUJWFT •Increase number of Firewise communities within the District •Update CWPP (current version is from 2011) •Continuous training and first response preparation 2VFTUJPOT Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail:ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Walking Mountains Real Estate Transfer Tax DATE: May 18, 2017 SUMMARY: Walking Mountains Science Center (“Walking Mountains”) is requesting a rebate of the Town’s real estate transfer tax (“RETT”) which was paid for the recent acquisition of Lot 2, Buck Creek Subdivision, in the amount of $38,000.00. Please see the attached letter from Markian Feduschak, President of Walking Mountains. The Town’s Real Estate Transfer Tax provides exemptions for transfers involving governmental entities, but does not provide an exemption for non-profit corporations. Legally, the Town may provide a tax rebate IF the Town Council finds that such rebate will provide and promote a “public benefit”. Essentially, a tax rebate is an appropriation of funds. Approval of a tax rebate does not necessarily create a legal precedence but should be expected to create a political or policy precedence. Staff is not providing a recommendation for the Walking Mountains RETT rebate request. Section 3.12.110 of the Avon Municipal Code provides that RETT revenues are allocated to the capital improvements fund for public improvements. Mr. Feduschak’s letter points out that the land acquisition by Walking Mountains will not require public improvements for the open space portion and that Walking Mountains has assumed maintenance responsibilities for the access road. Staff does note that the Avon Community Grant program is the general process for non-profits and community organizations to request funding and appropriations from the Town. If Council wishes to approve the rebate, a Resolution is presented to document such action. It is important that Council document the public benefit and reason for the rebate. Please see the recitals in the Resolution for the proposed findings of public benefits. Council may revise the findings of public benefits as appropriate. Options are also presented for Council’s consideration. PROPOSED MOTION: “I move to approve Resolution No. 17-10 Approving a Rebate of Real Estate Transfer Taxes to Walking Mountains Science Center.” OPTIONS: The following options are presented to Council. 1.Approve the request in full. 2.Approve the request for the portion of the property that is subject to a conservation easement and preserved as undeveloped open space in perpetuity. [60.3% of property is subject to conservation easement, which would equate to a proportional rebate of $22,914] 3.Deny the request. [No motion is necessary to deny the request] 4.Deny the request and refer Walking Mountains to the Avon Community Grant program to apply for an appropriation from the Town of Avon. Thank you, Eric ATTACHMENTS: Resolution No. 17-10 Letter from Markian Feduschak, President, Walking Mountains M EMORANDUM& PLANNING, LLC RESOLUTION 17-10 TOWN OF AVON REBATE OF REAL ESTATE TRANSFER TAX TO WALKING MOUNTAINS SCIENCE CENTER WHEREAS, the Walking Mountains Science Center recently acquired Lot 2, Buck Creek Subdivision, Avon, CO for the purposes of undeveloped open space, future educational buildings and affordable housing for staff; and, WHEREAS, Walking Mountains Science Center is a 501(c)(3) non-profit organization that exists for educational and science learning purposes; and, WHEREAS, Walking Mountains Science Center serves the Avon community with a wide variety of valued educational programs, including many youth programs; and, WHEREAS, the Avon Town Council finds that 3.5 acres of the 5.8 acres is subject to a permanent conservation easement to preserve the property as open space, for which required capital investments for public improvements are unlikely; and WHEREAS, the Avon Town Council finds that Walking Mountains Science Center has assumed maintenance responsibilities for Walking Mountains Lane; and, WHEREAS, the Avon Town Council finds that the development of additional education facilities and affordable housing for staff of Walking Mountains Science Center will promote and support the provision of educational programs that benefit and enhance the Avon community; and, WHEREAS, the Avon Town Council finds that the promotion and support of the Walking Mountains Science Center through the rebate of the real estate transfer tax to acquire Lot 2, Buck Creek Subdivision, Avon, CO, will promote the health, safety and general welfare of the Avon community. THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the rebate of the real estate transfer taxes paid for the Lot 2, Buck Creek Subdivision, Avon, CO in the amount of $38,000.00. ADOPTED MAY 23, 2017 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk May 15, 2017 To: Avon Town Council Members RE: Real Estate Transfer Tax Refund, Lot 2, Buck Creek PUD From: Markian Feduschak, President We would like to thank the Avon Town Council Members once again for working with Eagle County and Walking Mountains to place 96 acres into conservation easement adjacent to the Science Center. We believe our ability to purchase the adjacent land will have lasting benefit for the citizens of Avon and Eagle County for generations to come and your important support made this possible. As you know, Walking Mountains is currently planning to expand our facilities and educational programs. It would be most helpful to our expansion efforts if the Avon Town Council would consider refunding the town’s real estate transfer tax (RETT) of $38,000 for the following reasons: 1. As a tax exempt non-profit, we do not pay federal and state taxes. 2. Walking Mountains’ road and buildings are private and do not burden the town of Avon with maintenance costs. 3. The majority of the land, in particular the conservation easement, is available for public access. As a tax exempt non-profit, we do not pay federal and state taxes which allows us to provide more educational programs to our local students, adults, families, residents and visitors alike. Additionally, In order to close on Lot 2 in a timely manner, Walking Mountains took out a bank loan, along with the very generous support we received from Eagle County and the Tang family. We have a fundraising plan in place and it is important the loan is paid off in a timely manner. The amount we paid for RETT will help us provide more educational programs and pay off the loan faster and reduce our monthly interest payments. Walking Mountains Lane and the Science Center is available for public access yet are maintained through individual philanthropic support. Any public and government funds support educational programs and the town of Avon is not burdened by the maintenance expense of our road and buildings. Now that Walking Mountains’ owns the adjacent property, we have also taken on the additional maintenance of the entire road. The RETT refund will assist Walking Mountains in the long term costs of maintaining our road and facility to the highest of standards for our community’s benefit. In total Walking Mountains purchased 5.8 acres and placed 3.5 acres into conservation easement. The legal agreement that defines the 3.5 acre conservation easement requires public access in perpetuity. Additionally, the remainder of the property that is reasonably available for development, just over an acre, will be used for future educational buildings and affordable housing for staff. It seems more than reasonable that this land not be subject to the required RETT given the conservation easement and remaining land will provide an important long term public benefit. We understand the value of the real estate transfer tax to the Town of Avon. As an important community asset, we do hope you will agree that the benefit the Town of Avon receives from Walking Mountains out weights the amount we have paid for this tax. We are most grateful for all the support the Town of Avon provides to Walking Mountains. Thank you again for your consideration of this request. Best regards, Ordinance 17-06 Town of Avon Comprehensive Plan 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: May 23, 2017 Meeting Agenda Topic: Public Hearing and Second Reading of Ordinance 17-06 Approving the Town of Avon Comprehensive Plan, dated May 2017 ACTION BEFORE COUNCIL Vote on second reading of Ordinance 17-06 (Exhibit A), approving the Town of Avon Comprehensive Plan, dated May 2017, a Comprehensive Plan Amendment Application. PROPOSED MOTION “I move to approve second and final reading of Ordinance 17-06, thereby approving the Town of Avon Comprehensive Plan, dated May 2017, a Comprehensive Plan Amendment Application.” SUMMARY The attached Ordinance would approve a Comprehensive Plan Amendment application and update to the 2006 Town of Avon Comprehensive Plan. This work was prioritized in the previous Strategic Plan and has been ongoing with the Planning and Zoning Commission for the past 6 months. A summary of changes, as well as the mandatory review criteria to consider when evaluating the changes are included in the attached (Exhibit B) report to the Planning and Zoning Commission. Since first reading of the Ordinance on April 11, 2017, further changes to the document have been incorporated, including: Consolidation of Planning Districts from a total of twenty-eight (28) to eleven (11). Editorial and grammatical edits throughout the document for correctness and readability. Upon final action by Town Council, Staff will consult with a graphic editor to put the document into a finished format with improved layout and graphics. OPTIONS Approve second reading of Ordinance 17-06, thereby approving the Town of Avon Comprehensive Plan, dated May 2017. Continue second reading of Ordinance 17-06 to a future meeting. ATTACHMENTS Exhibit A: Ordinance 17-06 & Town of Avon Comprehensive Plan, dated May 2017 Exhibit B: Planning and Zoning Commission Report & Resolution 17-01 TOWN OF AVON, COLORADO ORDINANCE 17-06 SERIES OF 2017 AN ORDINANCE APPROVING THE TOWN OF AVON COMPREHENSIVE PLAN, DATED MAY 2017, A COMPREHENSIVE PLAN AMENDMENT APPLICATION RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Avon Town Council initiated an amendment to the Town of Avon Comprehensive Plan, dated February 2006, when approving the 2017-18 Strategic Plan; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on April 4, 2017; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action through PZC Resolution 17-01 to make a recommendation to the Town Council to approve the Application; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application; and WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment; and WHEREAS, The amendments are necessary in order to respond to changed conditions, including updated demographic information, construction of Riverfront Village and the Gondola connection to Beaver Creek Resort, construction of the Main Street Pedestrian Mall, and shifts in policy direction in relation to PUD zoning; and WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on April 11, 2017, and May 23, 2017 and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and Ord 17-06 Comp Plan Amendment May 23, 2017 SECOND READING Page 1 of 4 Exhibit A WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the Application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Comprehensive Plan Amendment. The Avon Comprehensive Plan, dated May 2017, attached hereto as Exhibit A to Ordinance 17-06: Avon Comprehensive Plan is hereby approved. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall Ord 17-06 Comp Plan Amendment May 23, 2017 SECOND READING Page 2 of 4 Exhibit A be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 17-06 Comp Plan Amendment May 23, 2017 SECOND READING Page 3 of 4 Exhibit A INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 11, 2017 and setting such public hearing for May 23, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on May 23, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord 17-06 Comp Plan Amendment May 23, 2017 SECOND READING Page 4 of 4 Exhibit A Town of Avon Comprehensive Plan May 2017 Exhibit A to Ordinance 17-06 - Avon Comprehensive Plan i Avon Comprehensive Plan Table of Contents Introduction 1 Purpose of the Plan 1 Avon’s History and Current Context 1 Avon’s Vision 3 Realizing Avon’s Vision 4 Land Use and Community Framework 4 Opportunities and Constraints 4 Future Land Use Plan 6 Community Framework Plan 7 Built Form Diagram 8 Goals and Policies 9 A. Built Form 9 B. Land Use 10 C. Community Character 12 D. Economic Development 13 E. Housing 14 F. Multi-modal Transportation & Parking 15 G. Environment 16 H. Parks, Recreation, Trails, & Open Space 17 I. Public Services, Facilities, Utilities, & Government 18 J. Regional Coordination 18 Implementation Matrix 19 District Planning Principles 20 1: Town Center District 21 2: Riverfront District 23 3: Nottingham Park District 25 4: U.S. Highway 6 Gateway Corridor 26 5: Village at Avon Districts 27 6: Gulch Area District 29 7: Railroad Corridor 31 8: Open Space District 32 9: Valley Residential District 33 10: I-70 Gateway District 34 11: Northern Residential District 35 Maps Opportunities and Constraints 5 Future Land Use Plan 6 Exhibit A to Ordinance 17-06 - Avon Comprehensive Plan ii Avon Comprehensive Plan Community Framework Plan 7 Built Form Diagram 8 Town District Map 20 Exhibit A to Ordinance 17-06 - Avon Comprehensive Plan 1 Avon Comprehensive Plan Introduction Purpose of the Plan This Comprehensive Plan is a guide for land use policy and other Town decision making. It articulates the community’s long range goals and aspirations in words, maps, and diagrams to provide guidance for future action. The following goals guided the development of this Comprehensive Plan: Conduct a planning process that generates stakeholder involvement and builds consensus. Create an Action Plan to direct and prioritize future Capital Improvement Programs and development. Develop a Future Land Use Plan and Community Framework Plan that identifies Avon’s most desirable future land use mix and configuration. Avon’s History and Current Context The Town of Avon is located in the Colorado Rockies along the Eagle River. It is a year-round community of full-time residents as well as a resort community hosting short and long-term visitors drawn to the area by the Vail and Beaver Creek ski resorts and the many recreational opportunities the Rocky Mountains have to offer throughout the year. It is a home rule municipality in Eagle County, with the county seat located 20 miles to the west in the Town of Eagle. The early Eagle River Valley, including the area that was to become Avon, was first inhabited by the Utes. These great Native American horsemen spent winters in the mild climate to the west and returned to “the shining mountains” each summer to hunt mule deer, elk and the great buffalo. The earliest non-natives visiting the area were probably mountain men trapping beaver to supply fur for top hats. In 1845, John Charles Fremont led his California-bound expedition down the Eagle River through present day Avon and caught what they called a “buffalo fish,” probably a mountain white fish or a cutthroat trout, at a riverside camp called William's Fishery. The famous Hayden Survey party came to the Eagle Valley in 1873 noting impressive geology near present day Minturn and Squaw Creek, near present day Cordillera. Settlers arrived in the early 1880's, including George A. Townsend, who took up a homestead of 160 acres and built a house at the Lettuce storage sheds. 2 Avon Comprehensive Plan confluence of the Eagle River and Beaver Creek. Mr. Townsend is said to have fancied the name Avondale for the area. At some point, Avon became its official name. Early pioneers, including Townsend, grew hay and raised cattle to feed nearby miners. Later, John Metcalf and Oscar Traer rode together to Central City to witness each other's paperwork “proving up” their respective claims under the federal Homestead Act. Homesteaders also worked together to dig essential irrigation ditches, sometimes using dynamite and a horse-drawn scoop called a Fresno Scraper. As early as July 4, 1891, the Eagle County Times reported, “Eagle County is a good place to visit, a better place to settle in, and the best place in the state for capital-seeking investment.” In the 1920’s head lettuce was the crop of choice in Avon and neighboring Beaver Creek and Bachelor Gulch. Box cars stood at the Avon Depot, loaded with ice from the Minturn ice house (the ice had been cut the preceding winter at Pando up near Tennessee Pass) and readied for freshly cut lettuce heads delivered in crates by farmers. These refrigerated railcars shipped Avon crops as far as the east coast providing fresh lettuce weeks after the nation's standard lettuce harvest was gone. Through the years Avon land produced cattle, hay, potatoes, peas, oats, and, starting in the 1940's, sheep. By this time most of Avon's homesteading families were long gone but descendants of William Nottingham had stayed on and owned and operated nearly all of the land called Avon. By 1972 Vail had become one of the top destination ski resorts in the country and pressure mounted “down valley” in Avon for ranch land to be developed. One branch of the Nottingham family sold its controlling interest in the land to Benchmark Companies and the Town of Avon was incorporated on February 24, 1978. The new town was comprised of the land in present day central and western Avon including the area that soon became Nottingham Park. In 1988, Avon had a permanent population of 1,500 people. Another branch of the Nottinghams sold its land - the area encompassing present day eastern Avon and the northern hillside -to companies owned by developer Traer Creek. Residents continued to move to Avon and, in 1998, Avon was home to over 3,000 residents. As of 2014, Avon's population had more than doubled to 6,342 people living in 2,321 households in a total area of 8.0 square miles. Bibliography Simonton, Don and June. Living on the Mountain. A History and Field Guide of Bachelor Gulch. Vail Associates Real Estate Group, Inc., Avon, Colorado. Copyright 1996. Early Avon residents. Avon in the 1950s. 3 Avon Comprehensive Plan Simonton, June B., Beaver Creek. The First One Hundred Years. June B. Simonton, Vail, Colorado. Copyright 1984. Avon’s Vision Avon’s vision is to provide a high quality of life, today and in the future, for a diversity of people and interests; and to promote their ability to live, work, visit, and recreate in the community. Avon strives to: Respect the Natural Environment . Protect Avon’s spectacular scenery and magnificent natural surroundings while strengthening connections to ample outdoor recreational opportunities. Have a Distinctive Built Form. Develop a hierarchy of built forms that reflects the importance of the Town Center in the community. Encourage high quality design and finishes throughout the community. Enhance the Sense of Place and Character. Create a developed community made up of smaller residential neighborhoods and a thriving Town Center that collectively provide a unique sense of place and charm enjoyed by year-round residents and visitors alike. Be a thriving Center of Activity and Entertainment. Provide the Eagle Valley with unique shopping, dining, entertainment, and recreational opportunities. Support a Vibrant Economy. Maintain a strong and sustainable year-round economy through Town efforts and through private/ public partnerships. Foster Attainable Housing. Adopt and implement housing policies that address housing gaps and support the creation of new housing opportunities. A diverse year-round community is fundamental to the Town’s character and economic viability. Promote Diversity. Strengthen a total environment that supports a healthy, vibrant community comprised of people from a variety of backgrounds with wide-ranging interests, vocations, family status, and economic means. Connect to Culture and Heritage. Provide exceptional art, architecture, cultural events, and facilities. Preserve and commemorate the Town’s ranching, agricultural, and railroading heritage. Provide an exceptional Transportation and Transit Network. Support a multi-modal network that provides convenient, energy efficient transportation throughout the Town, to Beaver Creek, and with links to the entire region. 4 Avon Comprehensive Plan Foster cooperative Partnerships throughout the Eagle Valley. Lead the stewardship of public lands and be good neighbors to Beaver Creek, other nearby communities, and Eagle County to improve the quality of life for all. Realizing Avon’s Vision The Comprehensive Plan lays the foundation for the process needed to achieve the Town’s Vision: Goals: Statements of intent by the Town Government to accomplish strategic objectives that support the Vision Policies: Tactical actions necessary to implement strategic objectives Implementation Matrix: A matrix which identifies priorities, projects, and work flow District Planning Principles: Sub areas defined by their strategic role, character, and identity so that the area may appropriately support the vision. Land Use and Community Framework Opportunities and Constraints Avon’s Opportunities and Constraints, including physical and geographic elements, provide focus and guidance for policies and goals. Opportunities: Redevelopment of older buildings and the re-organization of parcel boundaries and the associated street pattern to create a more cohesive urban framework in the Town Center Development of a direct transit connection between Town Center and Beaver Creek Village Improvement of connections between Avon’s Town Center District and the Eagle River; Promotion of recreational and mobility options to and from Avon on the regional trail along the Eagle River Utilization of Nottingham Park as the anchor/ destination for the Main Street Pedestrian Mall Enhancement of amenities near Nottingham Park to strengthen this area as Avon’s civic and cultural center Improvement of various trail connections to the Town Center Study of the railroad right-of-way for other uses Constraints: 5 Avon Comprehensive Plan Perception that Avon Road is a barrier for pedestrians walking between the East and West Town Center Fragmented East Town Center District lacks strong auto and pedestrian connections Linear barrier created by the railroad right-of-way 6 Avon Comprehensive Plan Future Land Use Plan The Future Land Use Plan establishes preferred development patterns by designating land use categories for specific geographical locations. Land use designations depicted on the land use map do not supersede the Town’s zoning districts and regulations, and display general land use categories as a visual guide for the community based on the goals, objectives, and policies presented within this document. The Future Land Use Plan and its land use designations are illustrative only and do not represent zoning designations. 7 Avon Comprehensive Plan Community Framework Plan The Community Framework Plan illustrates key policies that will help achieve the desired community character. The application of the Community Framework Plan is fourfold: Illustrate the larger-scale relationships between the Town Center Districts and other key areas within Avon Illustrate land use goals and policies Establish a starting point for development submittals by illustrating how specific land use designations align with the Comprehensive Plan’s goals and policies Create a vision for Avon’s community design structure that serves as a guide and reference to ensure that individual development plans conform to functional and desirable overall land use pattern. 8 Avon Comprehensive Plan Built Form Diagram The Built Form Diagram is provided to illustrate the desired form of the community in a three dimensional manner. As development is reviewed, the diagram should guide and support the land use regulations and design guidelines and provide clear expectations regarding the Town’s vision for future development. The Diagram will serve to identify: Needed connections to link all parts of the community and develop a more functional and walkable community Reorientation for selective redevelopment of key parcels within the Town Center District to simplify circulation and increase opportunities for viable mixed-use development Heritage and cultural resources worthy of preservation and/or enhancements Important community gateways and corridors A basic framework that works in conjunction with specific district planning principles identified in the plan 9 Avon Comprehensive Plan Goals and Policies The following topic areas address specific goals and policy objectives, some of which are shared by more than one topic area. Some take priority over others, but all play a role in the implementation of the Comprehensive Plan. A. Built Form B. Land Uses C. Community Character D. Economic Development E. Housing F. Multi-modal Transportation & Parking G. Environment H. Parks, Recreation, Trails, and Open Space I. Public Services, Facilities, Utilities, and Government J. Regional Coordination A. Built Form Goal A.1: Promote a compact community form Policy A.1.1: Encourage redevelopment and revitalization of outdated, rundown, or otherwise neglected areas. Policy A.1.2: Locate uses that generate significant traffic near transit facilities or shared parking facilities. Policy A.1.3: Investigate including Floor Area Ratio limitations in the Municipal Code. Policy A.1.4: Encourage development that is consistent with the overall Built Form according to the Built Form Diagram (page 8 of the Comprehensive Plan). Policy A.1.5: Promote development that maximizes sun exposure and protects views. Policy A.1.6: Require minimum densities in the Town Center Districts. Policy A.1.7: Promote development that is accessible and integrated with existing retail and transit within the Town Center District. Policy A.1.8: Encourage vertically mixed uses within Town Center. Policy A.1.9: Maintain strong street edges within Town Center with setbacks and articulated upper floors. 10 Avon Comprehensive Plan Goal A.2: Maintain a distinct physical and visual separation between Avon and its surrounding communities that preserves the natural beauty of the surrounding mountains and the Eagle River Valley. Policy A.2.1: Continue to inventory, analyze, and prioritize lands adjacent to the developed portions of Town for acquisition and/or preservation as open space or other public purposes. Policy A.2.2: Encourage cluster style development in areas of less density to promote environmentally and aesthetically sensitive site design. Policy A.2.3: Participate in planning efforts related to lands outside the Town’s corporate limits that may affect the community to make development more consistent across political boundaries. Goal A.3: Ensure that annexations provide an overall benefit to the community and are in conformance with this plan’s goals and policies. Policy A.3.1: Zone annexed lands in conformance with the Future Land Use Plan and existing development standards. Policy A.3.2 Ensure that the Town’s goals and policies are identified and met in all annexation agreements, subdivision improvement agreements, and other commitments. B. Land Use Goal B.1: Provide a balance of land uses that offer a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities that work in concert to strengthen Avon’s identity as both a year-round residential community and an economic center for commerce and tourism. Policy B.1.1: Include sufficient land for public uses such as schools, recreation, community facilities, and government services. Policy B.1.2: Focus lodging and guest accommodation in the Town Center. Policy B.1.3: Encourage development applicants to meet with adjacent residents, businesses, and property owners during all application phases to identify concerns and strategies to address them. Policy B.1.4: Encourage developers to rezone properties from PUD to standard zone districts. 11 Avon Comprehensive Plan Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and cohesive neighborhoods that contribute to the Town’s overall character and image. Policy B.2.1: Attempt to meet the use and density guidelines on the Future Land Use Map. Policy B.2.2: Promote a wide range of residential uses throughout the Town. Goal B.3: Use mixed-use development to create a more balanced, sustainable system of land uses. Policy B.3.1: Encourage mixed-use development in appropriate areas identified in the Future Land Use Plan. Policy B.3.2: Allow for temporary uses on ground floor retail space which are able to respond to market demand. Goal B.4: Encourage commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and services. Policy B.4.1: Promote clustered commercial development to provide amenities accessible to the public. Policy B.4.2: Encourage LEED or similar standards in development planning and construction. Policy B.4.3: Encourage residential neighborhoods that have pedestrian connections and convenient retail and services. Goal B.5: Encourage revitalization of existing light industrial and manufacturing uses. Policy B.5.1: Ensure infrastructure improvements to collector roads, like Nottingham Road, include sidewalks, utilities, and controlled access. Policy B.5.2: Encourage effective screening of industrial uses from adjacent uses and vehicular access and circulation separate from public roads. Policy B.5.3: Review accessory residential uses in association with light industrial commercial development when compatible. 12 Avon Comprehensive Plan C. Community Character Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. Policy C.1.1: Regularly update and enhance the Avon land use regulations and District Master Plans for innovative design approaches and positive development outcomes. Policy C.1.2: Ensure compatible architectural features between adjacent buildings. Policy C.1.3: Design four- sided architecture that maximizes solar exposure, protects views, and breaks up building bulk. Policy C.1.4: Extend Town Center urban design principles to appropriate adjacent Districts. Goal C.2: Create community gateways and streetscapes that reflect and strengthen Avon’s unique community character and image. Policy C.2.1: Beautify the Town with landscaping and public art. Policy C.2.2: Design and maintain streets and walkways as safe, inviting, and pedestrian/bicycle friendly public spaces. Policy C.2.3: Reinforce community gateways along major roadway corridors that strengthen Avon’s community identity. Policy C.2.4: Encourage landscaping and building locations that enhance neighborhood views and view corridors. Policy C.2.5: Work with other entities to improve the streetscape along U.S. Highway 6 and lessen visual and noise impacts from I-70 and Highway 6 while preserving important views of Avon. Goal C.3: Develop cultural and heritage facilities, events, and programs that strengthen Avon’s community character and image. Policy C.3.1: Create appropriate community-wide art installations. Policy C.3.2: Support and promote cultural activities such as theater, concerts in the park, school activities, festivals and special events. Policy C.3.3: Maintain the existing heritage of the community and reflect that heritage in new development. Policy C.3.4: Encourage development of civic and recreational amenities that benefit all neighborhoods. 13 Avon Comprehensive Plan D. Economic Development Goal D.1: Ensure a positive environment for small businesses. Policy D.1.1: Enhance retail opportunities and diversify the year-round retail mix. Policy D.1.2: Authorize home occupations and live/work opportunities where there is minimal negative impact to the neighborhood. Policy D.1.3: Encourage small business incubators to support local entrepreneurs. Goal D.2: Promote high quality Town investments. Policy D.2.1: Prioritize the Capital Improvement Plan to support key public facilities and catalyze private sector projects. Policy D.2.2: Pursue beneficial economic development through available grants. Policy D.2.3: Encourage private investment in Avon through innovative investment tools and partnerships. Policy D.2.4: Support relocation for businesses that offer quality jobs for local residents. Goal D.3: Increase the number of visitors to Avon by enhancing it as a year- round mountain resort community. Policy D.3.1: Provide effective transit connections to regional destinations. Policy D.3.2: Capitalize on existing recreational and cultural assets and heritage. Facilitate the creation of new cultural and recreational attractions. Policy D.3.3: Encourage community stakeholders to collaborate to enhance Avon’s overall guest experience. Policy D.3.4: Support marketing that promotes Avon’s community image and tourist amenities. Policy D.3.5: Seek marketing opportunities that promote the community image rather than a single venue or event. Policy D.3.6: Ensure that attractions are identified in a wayfinding program. Policy D.3.7: Improve visitors access to information. Policy D.3.8: Promote local tourist attractions on Town’s website. Policy D.3.9: Expand the schedule and variety of events throughout the year. 14 Avon Comprehensive Plan E. Housing Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Policy E.1.1: Establish policies and programs, which address housing needs that are attainable to different Area Median Income (AMI) ranges. Evaluate the mitigation rate required of development. Policy E.1.2: Encourage private development and partnerships that provide a diversity of housing for local working families. Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building fees, and public-private partnerships that reduce the price of units. Policy E.1.4: Integrate attainable housing within large developments and throughout Town. Policy E.1.5: Encourage “no net loss” of attainable housing in redevelopment. Goal E.2: Coordinate with neighboring communities to provide an attainable housing program that incorporates both rental and ownership opportunities, affordable for local working families. Policy E.2.1: Place perpetual deed restrictions on all Town supported housing projects and enforce compliance. Policy E.2.2: Participate in a countywide down-payment assistance program. Policy E.2.3: Collaborate on joint housing studies and strategies. Policy E.2.4: Site attainable housing with multi-modal transportation options and facilities, including bike and pedestrian paths. Policy E.2.5 Consider providing Town revenues to desirable housing projects. Policy E.2.6 Explore opportunities for conversion of free market housing to increase stock of attainable units. Policy E.2.7 Work with owners and associations of deed restricted properties to encourage maintenance and capital improvements of units and properties, including but not limited to evaluating deed restriction modifications, special improvement districts, and capital reserve studies. Policy E.2.8 Ensure that new deed restricted projects require capital improvement and ongoing maintenance reserves. 15 Avon Comprehensive Plan F. Multi-modal Transportation & Parking Goal F.1: Create an integrated multi-modal transportation system that minimizes dependence on automobile travel within the Town by making it easier and more inviting to use transit, walk, ride bicycles, and utilize other non-motorized vehicles. Policy F.1.1: Develop a multi-modal transportation plan and encourage new development to incorporate it in their plans. Policy F.1.2: Prioritize pedestrians, bicycles, and transit when designing or redesigning streets. Policy F.1.3: Connect pedestrian, bicycle, and vehicular circulation systems with transit. Policy F.1.4: Devise public transit service that maximizes efficiency and increases ridership. Policy F.1.5: Implement traffic calming measures. Policy F.1.6: Connect transit to pedestrian and bicycle paths. Policy F.1.7: Encourage development that provides appropriate modal facilities. Policy F.1.8: Promote Town Center development that minimizes automobile travel. Policy F.1.9: Locate schools, parks, and other civic facilities near trails, sidewalks, and transit facilities. Policy F.1.10: Provide bicycle and pedestrian connections across I-70. Policy F.1.11: Recognize the railroad right of way corridor as an integral part of the Town’s mobility system through integration of right of way, at-grade crossings, and regional coordination. Goal F.2: Maintain and improve transit connections between Avon and Beaver Creek Village. Policy F.2.1: Investigate transportation options to directly link the Town Center with Beaver Creek Village. Policy F.2.2: Work with Beaver Creek and other entities for funding and operating transit connections. Policy F.2.3: Develop pedestrian connections between transit, parking, and Avon Station. Goal F.3: Encourage a “park once/shop many” environment. 16 Avon Comprehensive Plan Policy F.3.1: Implement a parking management plan. Consider eliminating minimum parking standards in strategic areas as a way to incentivize redevelopment. Policy F.3.2: Design roads to disperse traffic in community centers. Policy F.3.3: Develop an unbundled pay-in lieu program for joint parking structures within parking districts. Policy F.3.4: Investigate the feasibility of joint development of structured parking facilities in the Town Center. Policy F.3.5: Encourage underground parking structures share access and connect to adjacent underground parking structures. Policy F.3.6: Reduce dependency on surface parking that abuts streets. Policy F.3.7: Ensure parking facilities are easily accessible by pedestrian connections and have minimal visual impacts. G. Environment Goal G.1: Protect Avon’s unique natural setting and its open spaces. Policy G.1.1: Acquire and protect open space that preserves wildlife and the natural environment. Policy G.1.2: Maintain the Eagle River as a valued resource in accordance with the most recent Eagle River Watershed Plan. Policy G.1.3: Work with public and private landowners to identify opportunities for conservation easements, permanent open space protection tools, and access to open space. Policy G.1.4: Minimize and mitigate potential development impacts to wildlife and watersheds. Policy G.1.5: Locate parking areas, trash containers, and loading/service areas so they are screened or buffered to minimize impacts on the Eagle River or surrounding uses. Goal G.2: Identify and mitigate potential environmental hazards to promote public health, safety, and welfare. Policy G.2.1: Identify and avoid development in environmentally sensitive areas or steep hillsides. Goal G.3: Discourage air, water, light, and noise pollution. Policy G.3.1: Investigate an alternative fuel program for the Town’s transit and fleet vehicles. Policy G.3.2: Enforce the use of “Dark Sky” compliant fixtures. Policy G.3.3: Limit the number and location of wood burning fireplaces, reduce demand for automobile trips, and reduce pollution from existing sources. 17 Avon Comprehensive Plan Policy G.3.4: Explore the feasibility and necessity of a noise ordinance and noise pollution education program. Goal G.4: Conserve environmental resources. Policy G.4.1: Incentivize renewable energy and building techniques which support the goals of the Eagle County Climate Action Plan. Policy G.4.3: Use Town buildings as examples of best practice in building efficiency and sustainability. Policy G.4.2: Support regional and local recycling and compost facilities and programs. Policy G.4.3: Promote water conservation through public education, supply management, and demand management techniques. H. Parks, Recreation, Trails, & Open Space Goal H.1: Provide an exceptional system of parks, trails, and recreational programs to serve the year-round needs of area residents and visitors. Policy H.1.1: Evaluate and seek parcels or easements for open space, trails, and recreation. Policy H.1.2: Manage, protect, and plan for public open space. Analyze trail maintenance and rule enforcement in open space. Policy H.1.3: Support development and annexation to incorporate recreational amenities, land for trails, and open space accessible to the public. Policy H.1.4: Integrate the Town’s trail system with regional trail systems. Policy H.1.5: Link open space through coordination with other governments and non-profits. Goal H.2: Coordinate and collaborate with surrounding jurisdictions and agencies to develop recreational opportunities. Policy H.2.1: Collaborate with other recreation providers for joint use of facilities and coordinated event planning. Policy H.2.2: Review and provide input on U.S. Forest Service and BLM land swaps within the 3-mile planning area. 18 Avon Comprehensive Plan I. Public Services, Facilities, Utilities, & Government Goal I.1: Ensure cost effective provision and development of public facilities and services. Policy I.1.1: Analyze the impact of various types of growth and development on services. Policy I.1.2: Develop community services and facilities based on demand. Policy I.1.3: Encourage neighborhood and community-based childcare, senior care, and healthcare facilities. Goal I.2: Encourage the broad participation of citizens in planning efforts and decision-making. Policy I.2.1: Strive for increased transparency in government. Policy I.2.2: Build awareness of upcoming events, planning processes, and decisions. Policy I.2.3: Use multiple methods of communication with the public. Policy I.2.4: Encourage HOAs in all parts of Avon. Keep an active database of HOA contacts, and provide training to interested HOAs. J. Regional Coordination Goal J.1: Collaborate with other agencies to implement this plan and to ensure Avon’s needs and goals are being met. Policy J.1.1: Collaborate with county, regional, state, and federal agencies and adjacent municipalities on cooperative planning efforts and regional issues. Policy J.1.2: Participate in agreements with regional agencies and adjacent municipalities to share facility costs and revenue. Policy J.1.3: Refer applicable development submittals to regional agencies and adjacent municipalities to coordinate on regional issues. 19 Avon Comprehensive Plan Implementation Matrix The following list includes explicit next steps for implementing the Goals and Policies articulated in this plan. Policies not listed in the Implementation Matrix below are ongoing. PROJECT ASSOCIATED POLICIES West Town Center Update West Town Center District Update Land Use Regulations C.1.1, A.1.3 Multi-modal Parking and Transportation Plan F.1.1 East Town Center Plan Update East Town Center District Signage, Wayfinding, and Streetscapes A.1.9, C.2.2, C.2.5, D.3.6, F.1.2 Community Gateways C.2.3 Parking, Vehicular Connections, and Circulation F.1.8, F.3.1, F.3.2 Park/Open Space Plan and Nottingham Park District Plan Nottingham Park District A.2.1, G.1.3, G.1.4 Three-Mile Plan J.1.1 Energy and Environmental Resources Plan G.3.1, G.4.1, G.4.2, G.4.3 Railroad Right of Way Preservation F.1.11 Riverfront Park Riverfront Districts H.1.6 Cost of Growth Analysis I.2.1 Public Art Plan C.3.1 U.S Highway 6 Streetscape C.2.5, U.S. Highway 6 Gateway Corridor Buffers from I-70 C.2.5 Visitor Information D.3.5, D.3.7, D.3.8 Transit from Village at Avon to Town Center C.1.4, F.1.8, Village at Avon Districts Alternative Road Development Wildridge District F.3.2 Educational Campaign Regarding Noise G.3.4 20 Avon Comprehensive Plan District Planning Principles While the Goals and Policies of this plan generally apply to all areas of the Town, the District Planning Principles apply specific planning and urban design recommendations to areas within the Town, stemming from community and landowners’ input and existing development rights. Districts are identified in the map below. Town District Map 21 Avon Comprehensive Plan District 1: Town Center District The Town Center District serves as the heart of the community. A mix of lodging, residential, government services, civic facilities, and commercial uses compliment social, cultural, political, and recreational gatherings in the District. A diversity of land uses in vertically mixed-use buildings provide common ground for full-time and part-time residents and destination guests. The Town Center District will continue as the primary focus for mixed use, pedestrian-oriented residential and lodging development within the Town. The size of the parcels provides for a variety of redevelopment opportunities. Avon should encourage redevelopment when they provide community benefit, improve street patterns, and create more direct pedestrian walkways and bike paths. Planning Principles: Adhere to the planning principles outlined in related master plans when planning new development and area improvements Improve pedestrian and non-vehicular connections across Avon Road Study road design and usage to improve circulation, enhance development feasibility, and provide a better pedestrian experience 22 Avon Comprehensive Plan Link pedestrian, bicycle, and automobile circulation to and through Town Center, Nottingham Park, the Riverfront, and the Eagle Valley Trail Use signage, streetscape design, landscaping, points of interest, and other wayfinding elements to help orient visitors Enhance the use of Avon Station Establish public plazas and other gathering spaces for community interaction and social events Provide entertainment opportunities for residents and guests that enliven the area Promote and extend retail hours Develop a mix of uses that provides a strong residential and lodging bed base supported by community and guest commercial uses Create inviting retail, restaurant, and entertainment uses on the ground floor through architectural detailing that includes a human scale, display windows, appropriate lighting, and other pedestrian amenities. Site offices, lodging, and residential uses on upper floors Enhance private/public parking facilities to provide easy access to and through the District Encourage shared parking structures and parking districts to accommodate retail without large expanses of ground level of parking Use a cohesive and quality set of design principles between Town Center and the Village at Avon Orient adjacent buildings to face Avon Road for compatibility with Town’s redevelopment ambitions 23 Avon Comprehensive Plan District 2: The Riverfront District The Riverfront District has significant residential, lodging, commercial, and service uses. The area is mostly developed, except near the Westin hotel. The District provides access to Beaver Creek Village, U.S. Highway 6, the Eagle River, and the Eagle Valley Trail. Planning and development of this District must incorporate these key assets. Visibility from U.S. Highway 6, protection and enhancement of the riparian environment along the Eagle River, and appropriate public access along the river should be taken into consideration with all development. Planning Principles: Improve and enhance connections to the linear park along the river, the Eagle Valley Trail, Town Center, Beaver Creek, and Nottingham Park Seek easements where appropriate for river access Limit access to the Eagle River to strategic locations for overall riparian health Provide transit connections between Town Center and Riverfront District Add sidewalks and landscaping along roads Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning, architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of 24 Avon Comprehensive Plan structure to preserve the character of the river and its associated natural habitat Limit building height to a scale that is subordinate to Town Center and compatible with the river environment. Buildings should be designed to step down in height as they near the river and in response to the natural topography Adhere to the Eagle River Watershed Management Plan for river setbacks and best practices for development in proximity to the river Locate parking areas and building services away from the river and reduce their impact on the river corridor Plant indigenous trees and shrubs to screen existing large residential buildings along U.S. Highway 6 and provide landforms and landscaping between residences and U.S. Highway 6 Minimize the loss of trees and impact to the riparian area while achieving urban design goals Develop a vibrant mix of uses consisting of bed-base development, commercial development, recreation, and open space along the river in the area closest to Town Center Examine the potential to develop pedestrian and bicycle connections between Stonebridge Drive and the Village at Avon District 25 Avon Comprehensive Plan District 3: Nottingham Park District This District includes a park, town hall, library, elementary school, and the recreation center, and functions as a community activity center. Good pedestrian circulation through the area exists but needs enhancement to respond to key future developments in the Town Center District and the Riverfront District. Views from the park and the performance pavilion are also key components to the District. An extension of Town Center urban design principles can provide needed consistency between districts. Planning Principles: Implement use and design principles from the 2017 Tract G planning effort’s recommendations Maintain flexible space for temporary concession facilities and provide a western anchor to the Main Street Pedestrian Mall Enhance the multi-modal connections between the municipal center and the park Develop a parking structure associated with the expansion of the Avon Recreation Center Ensure passive activity spaces are preserved within Nottingham Park Preserve view corridors to Beaver Creek and the Main Street Pedestrian Mall 26 Avon Comprehensive Plan District 4: U.S. Highway 6 Gateway Corridor The area is characterized by the flat areas presently used for ski area parking, and the gateway to Beaver Creek. The parcels currently serve as parking areas and other accessory uses for Beaver Creek Resort and their development is relevant to the Town. Although most of the parcels in District 4 are outside of Avon’s municipal boundaries, the Town should be consulted on any proposed development on these parcels. Planning Principles: Encourage and support development that: Works with CDOT to enhance the U.S. Highway 6 right-of-way to provide a sense of arrival and departure for those traveling to and from Avon, and to strengthen Avon’s overall community image and identity Screens ski area parking and other accessory uses Creates strong pedestrian connections to the Riverfront and Town Center Districts Minimizes cut areas and preserve areas of steep slopes. Buildings should be built into the hillside and stepped up with rising topography to reduce their dominance above U.S. Highway 6 Shares property access when appropriate Preserves access to the Eagle River. 27 Avon Comprehensive Plan District 5: Village at Avon District The Village at Avon District is Avon’s eastern gateway. When fully developed, it will be an extension of Town Center. The area is planned for commercial, residential, lodging, educational, and cultural/recreational uses. The District is characterized by high visibility from I-70, gentle topography, and proximity to Town Center and other highly developed areas of Eagle-Vail. The District is managed by an independent Design Review Board that reviews development applications. The Village Design Review Board refers development proposals to the Town’s Planning and Zoning Commission for comments, and not for approval, ratification, or disapproval. The Town should take an active role where possible in promoting positive development within the area. Site development elements, public design elements such as street alignments, streetscape furnishings, signage, and lighting should be coordinated between the Village at Avon and the Town. Planning Principles: 28 Avon Comprehensive Plan Encourage and support development that: Creates strong auto, bicycle, and pedestrian connections between Town Center via both East Beaver Creek Boulevard and Chapel Place Creates inviting public plazas, green spaces, water features, streetscapes, sidewalks, and other gathering spaces for public interaction Creates inviting retail, restaurant, and entertainment uses on the ground floor of buildings through architectural detailing that includes a human scale, display windows, appropriate lighting, and other pedestrian amenities Sites offices, lodging, and residential uses above ground floor uses Sites buildings of various sizes (but all shorter than those found in the Town Center District) on the valley floor Avoids large single-use buildings set back from the street edge that are surrounded by expanses of parking Provides well-lit, pleasant pedestrian access from underground parking structures to public streets, paths, and buildings Provides shared parking structures and parking districts to accommodate vehicles without large expanses of ground level parking Screens regional commercial uses from I-70 with trees and berms to create a suitable gateway to the Town Protects view corridors, ridgelines, U.S. Forest Service lands, and steep slopes from development Landscapes properties to soften the visual impact of the structures Preserves significant cultural or heritage resources and important views Maximizes orientation to the river, considers connections to a riverfront park Preserves all or part of the eastern hillside for open space or park space Prioritizes eastern access on U.S. Highway 6 instead of a frontage road Creates connections and trailheads through the District that connect to USFS land 29 Avon Comprehensive Plan District 6: Gulch Area District The Gulch Area District is located in runoff areas perpendicular to the Eagle River valley. It includes the Town’s only industrial center, dense residential development, the Public Works and Transportation Department facilities, a medical facility, and the Joint Public Safety building. These uses provide an important component to Avon’s overall economic health. The area’s high visibility from I-70 makes it important to the Town’s image. Existing uses on Nottingham and Metcalf Roads are intensely developed with large buildings. There is a need for improved landscaping, access, and screening as well as improved traffic safety and aesthetics. Live/ work development opportunities in the Light Industrial and Commercial zone district that do not conflict with surrounding land uses should be encouraged. Because of the area’s high visibility from I- 70, efforts have been made to screen existing buildings and facilities to help them blend into the surrounding environment. 30 Avon Comprehensive Plan Planning Principles: Development and redevelopment that occurs here should reflect the standards in Town Center, but should not compete with Town Center in terms of size of buildings or intensity of development Screen equipment, storage, and accessory uses with landforms and landscaping Limit building heights and setbacks to be compatible with the existing surrounding development Encourage building at a scale that minimizes visibility from I-70 Encourage sidewalks and pedestrian connections Limit auto access points to aid in traffic movement Minimize significant re-grading and provide for proper on-site parking and access Require landscape setbacks and internal landscaping of parking lots Preserve trees and landscaping on properties Accommodate residential development that supports primary industrial or employment land uses Improve the intersection of Metcalf and Nottingham Roads to enhance the entry to Wildridge and provide more direct access from Town Center to Wildridge Develop a pedestrian connection linking West Beaver Creek Boulevard to Nottingham Road Coordinate with CDOT to introduce trees on uphill slopes in the I-70 right-of-way and along Metcalf Road to partially screen buildings and accessory uses Enhance the West Avon Preserve trailhead Reduce development intensity when traveling north on Buck Creek Road 31 Avon Comprehensive Plan District 7: Railroad Corridor The railroad corridor runs the length of Avon along the Eagle River and is not being used for rail traffic, leaving the corridor effectively vacant. Past studies indicate the corridor’s potential as a mass transit and trail corridor, and preservation of the corridor represents an important opportunity for Avon’s future structure and character. The presence of the railroad tracks through Town creates a substantial north-south barrier through much of Avon. The Town has been successful in securing rights to construct at-grade crossings, and should focus on visually integrating the tracks with the rest of Avon. Planning Principles: Ensure that the railroad right-of-way is preserved for future transit, trail, or other endeavors Minimize the railroad as a barrier to circulation in the community Develop additional at-grade and above grade crossings to better connect the Town Work with Union Pacific to maintain the railroad corridor, including mowing and weed mitigation 32 Avon Comprehensive Plan Purchase or lease the railroad right-of-way when available District 8: Open Space District Avon’s key open space is comprised of the steep slopes of the valley wall north of I-70. The West Avon Preserve includes 11 miles of trails added in 2015, and the East Avon Preserve is planned to include trails. Open space adjacent to town is owned by the U.S. Forest Service. These parcels are important to maintaining the desired character of Avon and for development consistent with the overall land use plan. Loss of these parcels to private ownership and development would eliminate valuable visual and physical buffers between and among developed areas of Town and would deprive citizens of open space and natural habitats. Planning Principles: Pursue Town acquisition of parcels to be dedicated as open space by working with the local and national land conservation organizations Encourage the U.S. Forest Service to maintain ownership by collaborating to improve, utilize, and maintain them as low-impact areas with public access Communicate Avon’s values and desires with the U.S. Forest Service so that land swaps are unlikely to occur without approval from the Town Oppose any possible disposition or degradation of the parcels Participate in U.S. Forest Service planning efforts to ensure adequate development and long- term maintenance of trails and trailheads 33 Avon Comprehensive Plan Support and cooperate in efforts to bury power lines. District 9: Valley Residential District The area primarily includes multi-family buildings and a mobile home park and is largely developed. Many parcels have high exposure to I-70. Select parcels have the potential to be redeveloped over time as higher density, master-planned, economically diverse residential areas of primarily attainable local housing. Provisions for pedestrians and bicyclists, pocket parks, and adequate screening of parking and trash areas would help enhance the character of the area. Planning Principles: Encourage high quality redevelopment consistent with the land use regulations Limit building heights to a level subordinate to Town Center and preserve views to Town Center through the strategic placement of open space and additional limitations to building heights Encourage continued improvements to the visual quality of the area, including screening, parking, and trash areas Develop pedestrian safety features and sidewalks to serve the residential development in the area 34 Avon Comprehensive Plan Enhance access to and parking for existing trails, and further link existing non-motorized infrastructure. Improve signage for trailheads Encourage the construction of pocket parks where appropriate Coordinate with CDOT to introduce low landforms and plantings (trees and shrubs) along the I- 70 right-of-way to buffer the interstate Reseed exposed slopes with native grasses and wild flowers Encourage additional informal landscaping to soften the visual impact of existing structures Enhance the bike and pedestrian experience along West Beaver Creek Boulevard District 10: I-70 Gateway District The interchange on I-70 at Avon Road is the main gateway to the Town. The area should reflect the character and quality of the community and create a sense of arrival. The gateway should be improved through enhancing the pedestrian experience, lighting, road and right of way materials, enhanced view corridors, and signage. The emphasis should be on the creation of a positive entry experience that extends the character of Town Center to Avon’s front door. 35 Avon Comprehensive Plan Planning Principles: Enhance the intersections at the on/off ramps on Avon Road to include streetscape improvements and special landscape features Maintain the elements that contribute to the gateway experience Improve the I-70 interchange for pedestrians and bikers Improve the esthetics of the Avon Road underpass Screen adjacent buildings and parking from I-70 District 11: Northern Residential District This residential area contains varying densities located on the south-facing slopes north of the main valley floor. The character for the developed landscape should reflect the area’s dry climate and typically steep terrain with low water-requiring plant materials and natural landscaping. Due to sparse trees and shrubs and the open character of the property, special care should be taken to ensure that all structures are compatible with one another and in harmony with the natural surroundings. Mountain Star is a gated community development of large-lot, single-family homes, located east of Wildridge on the south-facing slopes north of the main valley floor. This covenant-controlled, gated 36 Avon Comprehensive Plan community has its own design review committee. Further east, the area is planned to become large-lot, single-family homes and some multi-family residential. This residential area is a covenant-controlled, gated community with its own design review committee and has provisions for public services and access ways that should be maintained. Further public access arrangements would be beneficial, including the preservation and acquisition of public space located adjacent to this area. Planning Principles: Identify, delineate, and enhance all open space parcels and paved and unpaved trails Provide alternatives to the roadways for pedestrian circulation and greater connection to the surrounding open space Preserve and enhance the existing open space trails and explore the possibility of developing additional parcels into pocket parks Add an alternative or second access route to Wildridge (perhaps forest service road during the spring and summer) Encourage and support development that: Prohibits significant alteration of natural environment as well as ridgeline and steep slope development. This area should be highly sensitive to visual impacts of improvements, wildlife preservation, and lighting. Provides the development of a trailhead to access the surrounding public lands Provides sidewalks and pedestrian connections To: Planning and Zoning Commission From: David McWilliams, Town Planner Meeting Date: April 4, 2017 File: CPA17001 Topic: PUBLIC HEARING on Comprehensive Plan Amendment INTRODUCTION The Avon Town Council prioritized the update of the Comprehensive Plan in the 2017-18 Strategic Plan, originally approved in the summer of 2016. A series of Work Sessions have been conducted with PZC, beginning in September, 2016. In total, 10 work sessions have been conducted, resulting in the final draft for consideration. Last updated in 2008, the document updates include: More legible wording and formatting New information on completed projects Updated Housing Section Current best practices Observed strategic direction Updated Demographics The question, “Does this merit inclusion in the Comprehensive Plan?” was asked for every change. Staff presented redlined versions of the original document to demonstrate the changes between the original and the proposed final draft. The PZC then guided the process based on those proposals. GENERAL GUIDE TO THE UPDATE Generally, staff was given direction to use more active language and improve the current context. Effort to diminish prescriptive language (from “require” to “encourage,” for example) was taken to maintain the approach generally found in Comprehensive Plans. Sections were eliminated due to their lack of relevance to the overall vision this document seeks to espouse. For example, the Existing/ Approved uses section was removed, as the Comprehensive Plan was not considered the right venue for this information. The Context of the Opportunities and Constraints section was updated with new information on development and improvements within Town. Staff was cognizant of the input from various stakeholder groups during the original formation of the Comprehensive Plan, and attempted to carry through the original intent within the updated language. In some instances, the intent necessarily changed due to evident changes in known best practices and Town strategy. A good example comes from Policy C.1.5, which originally stated: “Where no District Master Plan has been prepared, flexible zoning such as Planned Unit Development should be considered as an alternative to straight zoning if it would allow a more effective development pattern. However, such flexible zoning will only be allowed where it provides a benefit to the community, is consistent with this comprehensive plan, and is compatible with surrounding development. Variations from standard zoning may be permitted only as needed to achieve a clearly demonstrated community benefit.” Staff and Town Council have sought to eliminate PUDs to achieve clarity in the application, development, and administration processes of land use. The new language turned to: “Encourage developers to rezone properties from PUD to zone districts, especially in the Town Center.” Exhibit B The order of the Policies within any Goal changed to reflect the level of Town involvement and improve readability. In parentheses is an example of the policy type and language that would fit within that section. Plan Concept (things Town does, like implement or assess) Development Rule (things the Town wants to influence, like encourage or promote) Partnership (groups Town, like work with or participate in) Area (Town Center, Wildridge) Type of Place (near schools, parks, etc.) Thing (Nottingham Park, railroad) District Planning Principles Staff eliminated the original wording of the three sub-sections of Town Districts. Originally distinguished as High, Medium, and Low Priorities, these areas are not less or more important to the Town. Wording across sections was unified to create more legibility. Many of the original Districts had similar Principles expressed in slightly different ways. The wording was expanded and also included in more Districts. For example, “Extend Town Center urban design principles to provide consistency between districts,” became a common element in Districts that have similarly zoned densities as Town Center. Within the District Planning Principles section, certain districts were combined due to an abundance of overlapping principles. All districts that relate directly to the Eagle River (3, 20, 27) were combined, as well as 7, 8, 9, 10, representing the Village at Avon districts, and 14, 15, 16, 17, 18, as the open space districts. Maps The map found on page 69 of the currently adopted Comprehensive Plan represents the entirety of Avon’s Planning Districts. All districts are proposed to keep the same boundaries, with the exception of #26 and #15. District #15 includes a Town-owned parcel to be included in #26. New individual District maps were created and updated to reflect the current conditions and principles. APPLICATION PROCESS The Planning and Zoning Commission (“PZC”) will review the Application and conduct a public hearing on April 4, 2017. After conducting a public hearing, PZC will forward a recommendation to Town Council. Subsequently, final action is taken on the applications by Town Council after conducting public hearings and approval by Ordinance. Council is tentatively scheduled for an April 11, 2017 review of the document with 1st Reading. PZC members are encouraged to attend the review and provide additional context for the changes. COMPREHENSIVE PLAN AMENDMENT CRITERIA The review procedures for this application are governed by the Development Code. According to the AMC §7.16.030(e), Review Criteria, the following criteria must be considered prior to formulating a recommendation to the Avon Town Council: (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Exhibit B Staff Response: The plan amendment includes the entire Town, and generally does not change the prescribed uses to any piece of land. The language does change certain goals and principles to reflect the changes in current best practices. (2) Transportation services and infrastructure have adequate current capacity, or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Response: Transportation networks and infrastructure are not directly impacted with this Comprehensive Plan update. (3) Public services and facilities have adequate current capacity, or planned capacity, to serve the land use proposed in the plan amendment; Staff Response: No changes to public services or facilities are warranted with the plan amendment. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Response: The document’s improved legibility and order of information will make it easier to use during any process where its use is required or informative. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Response: The consequences of including completed projects and superfluous wording in a visioning document make it hard to pinpoint the relevant information from the plan. The key elements of the Comprehensive Plan, as updated, constitute a more uniform document with fewer unnecessary or misleading pieces of information (6) The proposed plan amendment will promote the purposes stated in this Development Code; and, Staff Response: The updated Comprehensive Plan strengthens the purposes stated in the Development Code by more clearly defining goals, policies, and district planning practices. The current context allows for completed goals and policies to be fortified, and a new focus on parts of the vision that have not happened yet. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: The goals and policies of the Comprehensive Plan, updated with this application, are written with the health, safety, and welfare of the Avon Community as the foremost concern. The amendment will clearly illustrate the direction the Town is moving in, and steps to get there, so that stakeholders, citizens, staff, and elected officials will have a better understanding of beneficial investments of time and money. RECOMMENDED MOTION: “I move to approve recommendation of Resolution 17-01, recommending that the Avon Town Council approve Case #CPA17001, an application to amend and update the Avon Comprehensive Plan.” ATTACHMENTS: Resolution 17-01 Avon Comprehensive Plan, dated April, 2017 Exhibit B Exhibit B Exhibit B TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Meeting Date: May 23, 2017 Agenda Topic: ACTION ON APPROPRIATING FUNDING AND ESTABLISHING THE PROCESS FOR USING FUNDS FOR A ONE-DAY AND/OR TWO-DAY MUSIC CONCERT ACTION BEFORE COUNCIL At the request of Mayor Jennie Fancher, Council is asked to take action on a motion to appropriate $70,000 from the General Fund Special Events Reserve Budget to underwrite, if required, a one and/or two-day music concert. PROPOSED MOTION I move to approve, in support of the Ad Hoc Special Events Committee’s recommendation, made on May 3, 2017, that the Town Council: 1. Appropriate $70,000.oo from the General Fund Special Event Reserve Budget to underwrite a one day and/or two-day major music event at the Avon Pavilion, and appropriate use of the funds, as may be determined by the Town Manager, should any portion or all of the funds be required; 2. Grant use of the Avon Pavilion and Harry A. Nottingham Park premises, on any of the following dates: • August 11 – 13 • August 26 (for MLT concert only) • September 1 – 3 (Labor Day) • September 15 – 17 • September 22 -24 3. Authorize any three (3) members of the Ad Hoc Special Events Committee to meet with the Town Manager, her designees, and the independent contractor, who wishes to make an offer to any band or bands, to make a recommendation to the Town Council, prior to an offer being tendered. 4. Upon a positive recommendation of the Ad Hoc Special Events Committee, the Town Manager will poll the Town Council to seek a majority opinion on the recommendation, prior to an offer being tendered. The Town Manager will notice the Town Council of the majority opinion of the Council. SUMMARY Mayor Fancher has requested the Council consider providing financial support this summer for one or two concerts and an approval process for either event. New Application: Since the last Ad Hoc Special Events Committee meeting and Council’s meeting on May 9, 2017, the producers of the Major League Triathlon (MLT), which is scheduled at the Pavilion Page 2 of 2 and park (August 25 – 27), have requested additional funding for a higher tier band, to attract in a larger spectator crowd. The concert would be free. MLT has been granted $3,500.00 in Town funds for the event. Staff is waiting for additional information on the MLT request, prior to asking the Ad Hoc Special Event Committee to review the application. Revised Music Concert Objectives: In conversation with Mayor Fancher and Mayor Pro Tem Sarah Smith Hymes, the recommendation to provide funding and approval for a one-day and/or two-day event has been revised, for Council consideration, to: • Focus on the one-day free concert for the MLT event, if recommended by the Ad Hoc Special Events Committee. The MLT concert, if approved, would not require the Town to have any other responsibility for the event. • Pursue one, two-day ticketed concert, if recommended by the Ad Hoc Special Events Committee. The Town would continue to be responsible as producer for a two day event. • Provide for Town Council approval of either event once a band or bands has been recommended by the Ad Hoc Special Events Committee. The purpose of the proposed Council motion is to be ready to respond quickly once the producer or talent buyer has a preferred band(s). It is knowing the approval process that is most critical to these promoters in order to bring available bands to the Town venue. Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ord No 17-09 Authorizing a Collection Agency for Municipal Court Fines DATE: May 18, 2017 SUMMARY: Ordinance No. 17-09 is presented to Council for first reading. Ord. No. 17-09 authorizes the use of a collection agency for municipal court fines that are not paid. This practice has become more common to increase the collection of outstanding fines. Also, the Colorado legislature recently adopted HB 16-1311 which prohibits the issuance of an arrest warrant for failure to pay unless a hearing is first held to determine if the defendant has the ability to pay based on statutory criteria for evaluation. Ord. No. 17-09 allows the collection company fee to be added to the fine in the maximum amount of 25% of the fine. Judge Allen has recommended the use of a collection agency in lieu of arrest warrants. I concur with this recommendation because compliance with the new hearing requirements before issuing an arrest warrant for failure to pay will increase municipal court administrative duties and is not cost effective. A contract has been negotiated with Integral Recoveries, Inc., which is based in Englewood, CO. Integral Recoveries currently provides municipal court collection services for several municipalities in Colorado. PROPOSED MOTION: “I move to approve Ordinance No. 17-09 Amending Chapter 2.08 Municipal Court of the Avon Municipal Code.” Thank you, Eric ATTACHMENT: Ordinance No. 17-09 M EMORANDUM & PLANNING, LLC Ord 17-09 Amending Chapter 2.08 Avon Municipal Code First Reading – May 23, 2017 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 17-09 AMENDING CHAPTER 2.08 MUNICIPAL COURT OF THE AVON MUNICIPAL CODE WHEREAS, the Avon Town Council finds that the efficient collection of municipal court fines and fees is essential to the function of the Avon Municipal Court; and, WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (the “Town”), the Town Council has the power to adopt ordinances for promotion and preservation of public health, safety, and welfare; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 2.08 of the Avon Municipal Code. Chapter 2.08 of the Avon Municipal Code is hereby amended by enacting a new Section 2.08.130 Use of Collection Agency, to read as follows: “2.08.130 Use of collection agency. To collect on past due municipal court orders of fines or fees, the Town Manager is authorized to enter into one or more contracts with collection agencies, provided such contracts are subject to annual budget and appropriation. Any fees and costs of a collection agency shall be added to the amount due provided that such fees and costs shall not exceed twenty-five (25%) percent of the amount collected.” Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not Ord 17-09 Amending Chapter 2.08 Avon Municipal Code First Reading – May 23, 2017 Page 2 of 3 substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 17-09 Amending Chapter 2.08 Avon Municipal Code First Reading – May 23, 2017 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on May 23, 2017 and setting such public hearing for June 13, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on June 13, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: May 23, 2017 Agenda Topic: Approval of a Letter of Support for a Nonbinding Future Renewable Energy Purchase from the 2018 Community Solar Project ACTION BEFORE COUNCIL: Council is asked to take action on a Letter of Support (Attachment 1) for a nonbinding future renewable energy purchase from the 2018 Community Solar Project. RECOMMENDED MOTION: “I move to authorize Mayor Jennie Fancher to sign a Letter of Support for a nonbinding future renewable energy purchase from the 2018 Community Solar Project.” BACKGROUND: Clean Energy Collective (CEC), a developer of community solar solutions, has approached the Town of Avon to participate in a community solar facility. Through the program, Avon will be able to offset the portion of its monthly Holy Cross Energy electric bill equal the amount of power produced from the Town’s share of the solar facility. In turn, the Town would pay CEC monthly, an amount equal to the cost of the energy generated by the Town’s portion of the solar array. This structure would result in the Town sourcing all local, renewable energy at a similar cost to its existing Holy Cross Energy bills. The solar array has an anticipated commercial operation date of no later than December 2018. Attachment 2 fully explains the CEC project. The Town has stated a commitment to use renewable energy, as indicated by the adoption of the Climate Action Plan for the Eagle County Community. The goals of adoption included: • Reducing GHG by 25% by the year 2025; and • A commitment, by 2030, to becoming a Town with 100% renewable power. The Town used an annual average of 3,200,000 kilowatt hours of electricity, purchased from Holy Cross Energy, for the years 2015 and 2016. Prior to purchasing solar array power, Town staff recommends assessing the most cost effective strategy to meeting the Town’s electric power needs for Town facilities through renewable energy. The assessment, with a targeted completion date of January 1, 2017, is defined in the following steps: • Installation of the CLEER Energy Navigation monitoring system for major buildings of the Town to create a baseline of electric energy use and daily energy efficiency monitoring • Evaluation and recommendations for improving energy efficiency in all buildings as a first critical step to reduce electricity demand • Evaluation of renewable power options, including: o Placement of solar directly on Town buildings o Development of offsite solar on Town owned property o Purchase of offsite solar o Purchase of offsite wind As stated in the attached letter, the Town must complete the assessment this year, but will consider after that time, the option of a solar purchase from CEC. The letter is supportive but does not commit the Town to a future purpose. ATTACHMENTS: Attachment 1 – Statement of Support to be Off-taker in HCE Solar Array Attachment 2 – CEC Community Solar Power Presentation Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY DELIVERED BY EMAIL TO KEVIN.MORSE@EASYCLEANENARGY.COM May 23, 2017 Clean Energy Collective c/o Kevin Morse, Vice-President of Sales address Re: Statement of Support to be Off-taker in HCE Solar Array To Whom It May Concern: The Avon Town Council, at its May 23, 2017, meeting approved a motion to provide written expression of support by the Town of Avon for access to solar energy bill credits provided on our Holy Cross Energy accounts, through a community solar facility developed and managed by Clean Energy Collective (CEC). The Town of Avon has stated a commitment to use renewable energy, as indicated by the adoption of the Climate Action Plan for the Eagle County Community. The goals of adoption included: • Reducing GHG by 25% by the year 2025; and • A commitment, by 2030, to becoming a Town with 100% renewable power. The Town used an annual average of 3,000,000 kilowatt hours of electricity, purchased from Holy Cross Energy, for the years 2015 and 2016. We are currently assessing the most cost effective strategy to meeting our electric power needs for Town facilities through renewable energy. Our assessment, with a targeted completion date of January 1, 2017, is defined in the following steps: • Installation of the Cleer Energy Navigation monitoring system for major buildings of the Town to create a baseline of electric energy use and daily energy efficiency monitoring • Evaluation and recommendations for improving energy efficiency in all buildings as a first critical step to reduce electricity demand • Evaluation of renewable power options, including Placement of solar directly on Town buildings Development of offsite solar on Town owned property Purchase of offsite solar Purchase of offsite wind The Town, not yet knowing the outcomes of the assessment, believes that its need to meet a 100% renewable energy goal will require the purchase of offsite solar, and, therefore, the development of the Holy Cross Energy and Clean Energy Collective program is an excellent option to help in fulfilling this commitment. The potential to purchase solar energy through CEC, is viewed as an integral component ATTACHMENT 1 in meeting Avon’s long-term objective to provide a 100% kWh offset to the amount of electricity that the Town purchases from Holy Cross Energy. Through the program, Avon will be able to offset the portion of its monthly Holy Cross Energy electric bill (or specific charges on the bill) equal the amount of power produced from the Town’s share of the solar facility. In turn, the Town would pay CEC monthly, an amount equal to the cost of the energy generated by the Town’s portion of the solar array. This structure would result in the Town sourcing all local, renewable energy at a similar cost to its existing Holy Cross Energy bills. The solar array has an anticipated commercial operation date of no later than December 2018. We look forward to supporting a purchase agreement, upon completion of our assessment, and subject to annual appropriation of the Town Council. Sincerely, Mayor Jennie Fancher Town of Avon © Copyright 2013 Clean Energy Collective ® 1 Community Solar Power Presentation Prepared for: National Innovative Green Power Program of the Year 2012 Award Winner 2012 National Photovoltaic Project of Distinction Award member owned. nature operated. ATTACHMENT 2 © Copyright 2013 Clean Energy Collective ® 2 ® Agenda •What is Community Solar? •Advantages of Community Solar •How It Works •Who is Clean Energy Collective (CEC)? •Example of Model Benefits •Summary © Copyright 2013 Clean Energy Collective ® 3 ® Community Solar with the CEC Tom & Tina Smith Eagle County Town of Avon RFTA Alpine Bank © Copyright 2013 Clean Energy Collective ® 4 Community Solar •Panels are part of a large ground array. •Panels are not on your facilities or grounds •No maintenance or liability •Positioned for optimum production © Copyright 2013 Clean Energy Collective ® 5 ® CEC Community Solar helps you: •Achieve renewable energy goals as set in the Climate Action Plan •Control/hedge your electrical expenses •Support clean energy, while leaving your Open Spaces open, and without changing your buildings or building plans © Copyright 2013 Clean Energy Collective ® 6 ® Existing CEC CS Arrays for HCE •Since 2010, CEC has built 4 community solar arrays for HCE customers •The prior arrays are all sold-out under our purchase model •The purchase model required a large capital investment upfront from the customer to buy the panels •Customers of the existing arrays include Eagle County, Pitkin County, Town of Carbondale, RFTA, and Alpine Bank •CEC has since developed a Pay-As-You -Go model, which allows customers to participate for no upfront cost © Copyright 2013 Clean Energy Collective ® 7 ® How Does “Pay-As-You -Go” Work? •Contemplated CEC Community Solar Array #5 – large amount of clean power capacity to be supplied to the Holy Cross Energy service area •Clean solar power would be sold to HCE under a 20 year agreement •Any government or commercial customer could participate in the CEC community solar power plant with No Money Down •Customers would receive monthly electric bill credits on their utility bill for 20 years tied to increases in utility rates •Customers would pay CEC monthly for the power produced, at a fixed rate commensurate with the HCE bill credit rate •CEC maintains the solar array power plant for optimal performance and savings © Copyright 2013 Clean Energy Collective ® 8 ® Solar Rewards Credit Flow •CEC’s solar array generates power to utility grid •HCE buys the power at a defined Tariff Rate •HCE pays for the power with a Solar Credit on participating customer’s monthly utility bill •CEC invoices customer, in year 1, for 100% of Solar Credits, due 30 days later, then at a fixed rate in the subsequent 19 years •Contract effectively locks-in the cost of the power for Avon for 20-years, with the possibility of saving the Town money v. their utility rates © Copyright 2013 Clean Energy Collective ® 9 ® About CEC •Clean Energy Collective (CEC) was founded in 2009 •CEC provides easy access to locally produced solar energy •We pioneered country’s first “community-owned solar arrays” •175 producing solar power systems online or under development, >395 MW of power – More than any developer •Currently serving customers of 32 utilities in 15 states •Recognized as 194th fastest growing private company on INC. 500 © Copyright 2013 Clean Energy Collective ® 10 ® Year 1 and Year 20 Example Benefits System Size Panel Size (watts) Panels kW 113 13,072 1,471 Year 1* HCE Credits $240,000 CEC Payments ($240,000) Year One Savings 0.0% $0 20 Years* HCE Credits $5,436,321 CEC Payments ($4,938,051) Total Savings 9.2% $498,270 20 Year Environmental Benefits CO2 Avoided (lbs) 99,470,637 Car Travel Avoided (miles) 112,789,587 Trees Planted 153,421 * The above numbers are for illustrative purposes only, and are not intended to reflect actual cost/savings to be incurred by The Town of Avon © Copyright 2013 Clean Energy Collective ® 11 ® 20 Year Pay-As-You -Go Model Example ESTIMATED POWER PRODUCTION AND SAVINGS* Utility Rate Inflation 2.00% Panels 13,072 Year 1 HCE Credit Rate $0.08000 kW 1,471 Year 1 PAYG Cost Rate $0.0800 20 Year Savings $ $498,270 PAYG Escalator 1.00% 20 Year Savings % 9% Year Annual kWh HCE Credit Rate ($/kWh) Annual HCE Bill Credits PAYG Cost ($/kWh) Annual PAYG Payments Total Savings Generated Cumulative Savings Effective Discount Rate 1 3,000,000 $0.0800 $240,000 $0.0800 ($240,000) $0 $0 0% 2 2,979,990 $0.0816 $243,167 $0.0808 ($240,783) $2,384 $2,384 1% 3 2,959,980 $0.0832 $246,365 $0.0816 ($241,558) $4,807 $7,191 2% 4 2,939,970 $0.0849 $249,594 $0.0824 ($242,324) $7,269 $14,460 3% 5 2,919,960 $0.0866 $252,853 $0.0832 ($243,082) $9,771 $24,231 4% 6 2,899,950 $0.0883 $256,142 $0.0841 ($243,830) $12,312 $36,543 5% 7 2,879,940 $0.0901 $259,462 $0.0849 ($244,569) $14,893 $51,437 6% 8 2,859,930 $0.0919 $262,813 $0.0858 ($245,299) $17,514 $68,951 7% 9 2,839,920 $0.0937 $266,194 $0.0866 ($246,018) $20,175 $89,126 8% 10 2,819,910 $0.0956 $269,604 $0.0875 ($246,728) $22,877 $112,003 8% 11 2,799,900 $0.0975 $273,045 $0.0884 ($247,427) $25,618 $137,622 9% 12 2,779,890 $0.0995 $276,516 $0.0893 ($248,115) $28,401 $166,022 10% 13 2,759,880 $0.1015 $280,016 $0.0901 ($248,792) $31,223 $197,246 11% 14 2,739,870 $0.1035 $283,545 $0.0910 ($249,458) $34,087 $231,333 12% 15 2,719,860 $0.1056 $287,104 $0.0920 ($250,113) $36,991 $268,324 13% 16 2,699,850 $0.1077 $290,691 $0.0929 ($250,755) $39,936 $308,260 14% 17 2,679,840 $0.1098 $294,308 $0.0938 ($251,386) $42,922 $351,182 15% 18 2,659,830 $0.1120 $297,952 $0.0947 ($252,004) $45,948 $397,130 15% 19 2,639,820 $0.1143 $301,625 $0.0957 ($252,609) $49,016 $446,146 16% 20 2,619,810 $0.1165 $305,325 $0.0966 ($253,201) $52,124 $498,270 17% Total 56,198,100 $5,436,321 ($4,938,051) $498,270 9% Annual kWh is the estimated production from your portion of the solar facility. * The above numbers are for illustrative purposes only, and are not intended to reflect actual cost/savings to be incurred by The Town of Avon © Copyright 2013 Clean Energy Collective ® 12 ® Summary •Lock in low energy costs for a long time (20 years) – Hedge against inflation •No need to install anything on customer premise •Professionally maintained •Zero money down •Optimal production & longer life •Transferable to utility meters the customer owns © Copyright 2013 Clean Energy Collective ® 13 ® Contact Information 361 Centennial Parkway, 3rd Floor Louisville, CO 80027 800-646-0323 Fax: 970-692-2592 www.easycleanenergy.com Kevin Morse Vice President of Sales 303-519-4597 Kevin.morse@easycleanenergy.com TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, MAY 9, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 4:00 p.m. A roll call was taken and Council members present were Amy Phillips, Scott Prince and Sarah Smith Hymes. Megan Burch, Matt Gennett and Jake Wolf were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Mayor Fancher announced that public comment will take place after the Liquor Authority meeting at approximately 5:10 p.m. She also added that the meeting will not be streamed live on the internet, but will be broadcasted live on Channel 5. 3. MEETING PROCEDURES FOR THE MEETING OF MAY 9, 2017 3.1. ACTION ITEMS • PRESENTATION OF ITEM • PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME • COUNCIL DISCUSSION • MOTION • COUNCIL DISCUSSION • VOTE 3.2. WORK SESSION AND PRESENTATIONS • PRESENTATION OF ITEM • COUNCIL DISCUSSION • PUBLIC COMMENT – THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK, UNLESS MAJORITY OF COUNCIL AGREES TO A LONGER TIME • COUNCIL DIRECTION 4. EXECUTIVE SESSION EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) AND TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) CONCERNING EAGLEBEND AFFORDABLE HOUSING (TOWN ATTORNEY ERIC HEIL) Mayor Fancher moved to convene into Executive Session for the purpose of receiving Legal Advice under C.R.S. §24-6-402(2)(b) and to Determine Positions Relative to Matters that may be Subject to Negotiations, Developing Strategy For Negotiations, and/or Instructing Negotiators, under C.R.S. §24-6-402(2)(e) Concerning Eaglebend Affordable Housing. Councilor Phillips seconded the motion and it passed unanimously by Council present. The time was 4:06 p.m. Council member present were TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, MAY 9, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Amy Phillips, Sarah Smith Hymes, Megan Burch and Scott Prince. Jake Wolf and Matt Gennett were absent. Council convened into Executive Session at 4:06 p.m. Executive Session ended at 5:02 p.m. Council convened into a meeting of the Avon Liquor Authority at 5:06 p.m. Mayor Fancher called the Regular meeting to order at 5:15 p.m. A roll call was taken and Council members present were Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips, Megan Burch and Sarah Smith Hymes. 5. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start time: 11:27 Part One Kathy Ryan commented about special events and hotel occupancy during mud season in Avon. A student named Colum, from Eagle-Vail, suggested that a science contest to be held at Nottingham Park. 6. TOWN OF AVON WEBSITE REDESIGN PRESENTATION (COMMUNICATIONS MANAGER LIZ WOOD) Start time: 20:48 Part One Liz Wood, Communications Manager, presented the website redesign. Councilor Burch suggested adding a link to the Vail Valley Partnership’s website and commented on the website being mobile device friendly. Councilor Phillips suggested adding the word “bus” or a picture of a bus under the “Walk.Park.Ride” navigation button. Council congratulated Liz Wood on the completion of the project. 7. FINANCE DEPARTMENT PRESENTATION (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Start time: 40:17 Part One Scott Wright, Assistant Town Manager, gave a presentation about Finance Department operations and personnel. 8. ACTION ITEMS Start time: 65:48 Part One 8.1. PRESENTATION OF THE 2016 TOWN AUDIT AND MOTION TO ACCEPT (ASSISTANT TOWN MANAGER SCOTT WRIGHT, MCMAHAN & ASSOC., CPAS) TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, MAY 9, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 Paul Backes, with McMahon & Associates, presented the 2016 Town audit findings. Councilor Prince asked when the investment policy was reviewed last. Scott Wright responded that it was adopted in 1997. He went on to explain that the investment adviser reviewed it and made changes some time ago. He suggested it may need to be looked at. Councilor Wolf asked how much debt the Town is in now compared to five years ago. Scott Wright answered that the answer to his question is in the statistical schedule on page 104 of the audit report. He explained that the total debt in 2016 was $21,081,000, while the total debt five years ago in 2012 was $16,177,000. The debt has grown by approximately five million dollars, which includes COPs. Councilor Prince asked what federal monies the Town is currently receiving. Scott Wight responded that the answer is on page 115 where it details the schedule of expenditures of federal awards. Mayor Pro Tem Smith Hymes moved to accept the 2016 Comprehensive Annual Financial Report. Councilor Burch seconded the motion and it passed unanimously by Council present. 8.2. RESOLUTION 17-06 TO AMEND THE 2017 TOWN OF AVON GENERAL FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Start time: 116:37 Part One Councilor Wolf asked what the generated revenue is currently at since the Town took over the swim program. John Curutchet, Recreation Director, responded “we are up $19,000 in revenue from that program.” The total expense to run the swim program is approximately $12o,000. Matthew Shmigelsky with CLEER presented the energy navigator system to Council. Mayor Pro Tem Smith Hymes moved to approve Resolution 17-06, to amend the 2017 Town of Avon General Fund Budget minus the Recreation Center component. Councilor Phillips seconded the motion and it passed with a vote of 6 to 1. Councilor Wolf voted no. Councilor Phillips move to approve the supplemental budget amendment Resolution 17-06 for the Recreation Center portion only. Councilor Burch seconded the motion and it passed with a vote of 5 to 2. Councilor Wolf voted no. Councilor Prince abstained from the vote. 8.3.RESOLUTION 17-08 APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Start time: 147:13 Part One Mayor Pro Tem Smith Hymes moved to approve Resolution 17-08, a Resolution Approving the Expenditure of Community Enhancement Funds from Holy Cross Energy as provided for in Article 11, Town of Avon TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, MAY 9, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 Ordinance No. 2001-01, Series of 2001. Councilor Prince seconded the motion and it passed with a vote of 6. Councilor Phillips stepped out of the meeting. 9. WORK SESSION Start time: 150:50 Part One 9.1. EAGLE COUNTY SCHOOLS WORK SESSION Jeff Chamberlin, Bond Project Manager for Eagle County School District, delivered a presentation about the 2016-2019 Bond Capital Construction Program. Mayor Fancher moved to amend the agenda to add the action item to approve the $25,000 cash-in-lieu. Councilor Wolf seconded the motion and it passed unanimously by Council present. Councilor Wolf moved to approve the $25,ooo cash-in-lieu for Avon Elementary School to support instructional technology. Councilor Gennett seconded the motion and it passed unanimously by Council present. 9.2. SINGLE–USE SHOPPING BAG AND POLYSTYRENE FOAM FOOD SERVICE WARE REDUCTION (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Start time: 00:19 Part Two Maria DeSimone answered questions from Council. Council provided direction to Town staff to draft an ordinance prohibiting the use of disposable plastic bags and establishing a disposable checkout bag fee for grocery stores. Council asked staff to conduct outreach to grocery stores in the Town to be sure the stores are aware of the initiative and to receive any comments; and, to evaluate a prohibition on plastic hotel laundry bags. Town Council will be deciding, in the Ordinance, when the program would begin. In the same work session, Council reviewed recommended elements for a polystyrene foam food service ware ordinance, which would be a prohibition on restaurants and other businesses selling takeout prepared food to customers in disposable food service ware that uses polystyrene foam. Council asked for more research and outreach to restaurants before bringing that ordinance before Council. Both initiatives stem for the Town of Avon 2017-2018 Strategic Plan and the Climate Action Plan for the Eagle County Community. 10. ACTION ITEMS Start time: 25:38 Part Two 10.1. RESOLUTION 17-09 IN SUPPORT OF CAREERWISE FOR EAGLE COUNTY (ERIK WILLIAMS, DIRECTOR OF COMMUNITY DEVELOPMENT, VAIL VALLEY PARTNERSHIP) Councilor Gennett moved to approve Resolution 17-09 In Support of CareerWise for Eagle County. Councilor Phillips seconded the motion and it passed unanimously by Council present. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, MAY 9, 2017 AVON TOWN HALL, ONE LAKE STREET Page 5 10.2. PUBLIC HEARING EMERGENCY ORDINANCE 17-07, ACCEPTING A DONATION OF THE EAGLEBEND PROPERTY, AUTHORIZING THE CONVEYANCE OF SUCH REAL PROPERTY, AND APPROVING A PROJECT AGREEMENT (TOWN ATTORNEY ERIC HEIL) Start time: 27:41 Part Two Jerry Flynn, President of the Board of the Eaglebend Affordable Housing Corporation, presented the item. Mayor Fancher opened the public hearing for comments. Kathy Ryan commented in favor of moving forward. Councilor Gennett moved to approve Ordinance 17-07, Accepting a Donation of the Eaglebend Property, Authorizing the Conveyance of Such Real Property, and Approving a Project Agreement on First Reading. Councilor Phillips seconded the motion and it passed with a vote of 6 to 1. Councilor Prince voted no. Councilor Wolf moved to adjourn the meeting at 10:10 p.m. Councilor Gennett seconded the motion and it was denied with a vote of 2 to 4. Mayor Fancher, Mayor Pro Tem Smith Hymes, Councilor Phillips and Councilor Prince voted no. Councilor Burch left the meeting for a few minutes. 10.3. REVIEW AND ACTION TO FUND ONE OR MORE 2017 SUMMER MULTIMODAL TRANSPORTATION PLAN PROGRAMS (TRANSPORTATION DIRECTOR EVA WILSON) Start time: 117:00 Part Two Councilor Wolf left the meeting at 10:13 p.m. Councilor Gennett moved to approve funding for the following Multimodal Transportation Programs this summer, including: • Increased Bus Service Hours – Red/Blue Line Service Hours - $89,000 – Night Rider Continuing Service Hours $70,000 • Bus Infrastructure Improvements – Shelter Name Signs $ 3,000 – Community Boards $ 2,500 • Bike Share $ 50,000 • Car Pool $ 2,500 TOTAL: $217,000 Councilor Burch seconded the motion and it passed unanimously by Council present. Councilor Wolf was absent. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, MAY 9, 2017 AVON TOWN HALL, ONE LAKE STREET Page 6 10.4. REVIEW AND ACTION ON THE TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE RECOMMENDATION FOR SUPPORT AND FUNDING, IF NEEDED, OF UP TO TWO MAJOR MUSIC CONCERTS AT THE AVON PAVILION IN AUGUST AND/OR SEPTEMBER OF 2017 (TOWN MANAGER VIRGINIA EGGER) Start time: 137:07 Virginia Egger, Town Manager, and Casey Willis, Special Event Manager, presented the item. Council elected not to move forward with this item, therefore, they did not take action. 10.5. CONSENT AGENDA Start time: 155:48 Part Two 10.5.1. APPROVAL OF RESOLUTION 17-07 SETTING THE LOCATIONS AND NUMBER OF FOOD TRUCKS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 10.5.2. APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF AVON AND MILLSMORE, LLC FOR THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT, AND MAINTAIN LANDSCAPE AND PARKING IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY AND PROPERTY (TOWN ATTORNEY ERIC HEIL) 10.5.3. APPROVAL OF MINUTES FROM APRIL 25, 2017 MEETING (TOWN CLERK DEBBIE HOPPE) Councilor Burch moved to approve the consent agenda. Councilor Gennett seconded the motion and it passed with a vote of 6. Councilor Wolf was absent. Councilor Prince abstained from item 10.5.3, the Minutes from April 25, 2017. 11. WORK SESSION UPDATE ON AVON RECREATIONAL TRAILS ADVISORY GROUP RECOMMENDATIONS FOR NEW TRAIL DEVELOPMENT (PLANNING DIRECTOR MATT PIELSTICKER) Council agreed not to hear this item in a work session and to reclassify it as a “Written Report.” 12. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start time: 156:25 Part Two Mayor Fancher commented on the success of the Business Outreach Meeting held earlier in the day. Councilor Phillips briefly reported on the Colorado Creative Industries Summit in Breckenridge. 13. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. Mayor Pro Tem Smith Hymes seconded the motion and it passed unanimously by Council members present. Councilor Wolf was absent. The time was 8:22 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, MAY 9, 2017 AVON TOWN HALL, ONE LAKE STREET Page 7 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: ________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Sarah Smith Hymes ________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Councilor Amy Phillips Casey Willis, Special Events Manager Louise Duncan, Special Events Production Assistant Matt Pielsticker, Planning Director Virginia C. Egger, Town Manager Meeting Date: May 23, 2017 Agenda Topic: PRESENTATION OF THE STRATEGY TO PURSUE A CREATIVE DISTRICT CERTIFICATION, INCLUDING DIRECTION ON INTERIM USES FOR THE AVON FIRE STATION BACKGROUND On February 14, 2017, the Avon Town Council adopted the 2017/18 Strategic Plan, and added as a Tier One Priority: Pursue a Colorado Creative Arts District designation; budget and retain qualified consultant for development of a Strategic Plan, and, as needed, implementation of the plan Councilor Amy Phillips and staff members Casey Willis, Louise Duncan and Matt Pielsticker attended the annual Colorado Creative Industries Summit on May 4th and 5th in Breckenridge. The group, plus Town Manager Virginia Egger, met to review what was introduced and/or learned at the Summit, and from that discussion to develop key steps and a project schedule to become one of Colorado’s next Creative District’s. CREATIVE DISTRICT DESIGNATION – ACTION STRATEGY Fall 2017 Research • Meet with other approved Creative Districts’ personnel to understand the process followed, citizen involvement, establishment of goals/objectives/strategies and success of the strategies to date, costs to develop a plan and on-going expenses, staffing plans, data collection and data management, role of youth, local government commitment, State approval process and benefits of a designation, etc. • Collect review and understand State criteria for certification; schedule for application submittal; meet with State staff • Survey Creative Districts in other comparable mountain resort communities to review applications and formation tactics. • Recommended boundary for the district • Summary Report January – June 2018 Development of a Strategic Plan • Present Report to the Arts Community, Council and the Public • Identify and appoint key stakeholders to guide the process and develop the strategic action plan • Draft strategic action plan for community review and Council adoption Highly engaging community process Site visits Assess if consultant services are needed, for one or more plan elements Meet all State criteria Develop recommendation for 2018 General Fund appropriation October – March 2018 Prepare certification application (Deadline in 2016 was April 27) CREATIVE ASSET INVENTORY (CURRENT) 2017 CREATIVE INITIATIVES • Program to paint utility boxes • Pursue one or more piano for the mall; involve Avon Elementary for painting • Be creative with VMS board messages • Identify locations for the installation of outdoor percussion instruments, including pianos, and fund in the Capital Projects Fund, when feasible (Tier 2 Strategic Plan) AVON FIRE STATION: CONVERSION TO ARTSSPACE EXPLORATION The Avon Fire Station will be returned to the Town on or before January 1, 2018. The Station is included in the current Town Owned Property studies, and while no decision has been made, early recommendations, at public meetings, are that it be converted to an Art Collective or a Culinary Collective; with the inclusion of affordable housing is being considered as part of these uses. Any substantial renovation or demolition and new construction would most likely not occur prior to the spring of 2019, when factoring in the funding needed, design, bid, etc. A site tour by Town staff, showed promise that the facility, in whole or in part, could transition the Station into an Artsspace for a community of artists with live/work options, affordable housing, artist in residence programs and creative entrepreneurialism. The station sleeps 17, and has full living quarters and open spaces for creative work. An interim occupation would require a set of stairs on the north side, clean-up and some “beautification”, but the layout could, on first review, be put to use as is. Town staff will begin to review building plans, utility bills, status of the building as a safe place to live, with a view to a residential/arts community conversion, at the same density, unless Council directs otherwise. We will interview other communities, which have converted buildings into Artspaces, such as the project in Loveland shown below. The conversion of the existing Town Hall is not being proposed at this time, as the first Town Owned Properties meetings have favored demolition and Town staff’s relocation to the New Town Hall is not finalized. Page 2 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Meeting Date: May 23, 2017 Agenda Topic: DIRECTION ON APPROACH FOR INTERIM USES FOR THE WILDRIDGE FIRE STATION BACKGROUND The Wildridge Fire Station will be returned to the Town of Avon on or before January 1, 2018. While it is an important property being evaluated for future uses through the Town Owned Properties Study, it appears an interim use should be considered, most importantly, options for the two employee housing units on the second floor. Staff will be doing a site visit on Monday and look forward to discussing with you any interim use of the employee housing units, and potentially the remainder of the building, at Tuesday’s meeting. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Meeting Date: May 23, 2017 Agenda Topic: DIRECTION FOR SOLICITATION OF INTERESTED BUSINESSES FOR OCCUPATION OF 1,150 SQUARE FEET OF AVAILABLE FINISHED SPACE ON THE SECOND FLOOR OF THE NEW TOWN HALL BACKGROUND At the February 28, 2017, Town Council meeting, the Council approved the program layout for the New Town Hall. In that approval, was the allowance of 1,150 square feet to be made available to another entity. The 1,150 square feet, as depicted below, is located on the second floor, and is not needed for current or near-term Town uses. The space is being finished as an open area, but will not be furnished. Any lessee will be able to access the public Wi-Fi, schedule use of second floor conference rooms, if not being used for Town meetings and share use of the staff kitchen and eating area. Assistant Town Manager Scott Wright presented to Council, at the meeting, the determination that, under IRS rules and restrictions regarding private activity use of public property financed by tax exempt bonds, the entire 1,150 square feet can be leased for private use, including nonprofits and/or for-profit business ventures. The Town may lease the space at any value it feels is appropriate. A survey of lease rates at the Seasons and the Avon Center, and verified by Mr. Mike Pearson, NAI Mountain Commercial, indicates current lease options range from $17.00 - $22.00 per square feet, with triple net charges needing to be in the $10 - $11.50 per square foot range to be competitive. The space should be ready not later than sometime in January, 2018. COUNCIL DIRECTION Staff is seeking direction from Town Council regarding leasing the space, such as: Is there a priority for the type of business which should be offered a lease? Is there a lease rate Council would require? Should the lessee pay an additional rate to use other conference areas of the building or the community area on the first floor? Is it permissible to lease the space, with the lessee being provided parking in a designated area of the parking lot? What other considerations does Council have? M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: May 3, 2017 RE: Summary of Authority’s April 27, 2017, Board Meeting The following is a summary of items discussed at the April 27, 2017, Authority Board Meeting: Board members present and acting included: Chair George Gregory, Vice Chair Tom Allender, Secretary Sarah Smith Hymes, Treasurer Geoff Dreyer, and directors Bill Simmons (alternate) and Mick Woodworth. Committee Assignments Linn Brooks explained the need for a board committee regarding the Eagle River MOU. Secretary Smith Hymes offered to serve on the committee. She also offered to serve on the Climate Action Plan ad hoc committee. CIS (Customer Information Systems) Infinity: 10-Year Look Back John McCaulley and Elena Jones reviewed the investment in the CIS Infinity software ten years ago and its many benefits for customers and staff. CIS Infinity implementation led to a successful uniformity program (~$500,000/year in positive financial impact); online bill payment and e-billing for customers ($18,000/year savings); and capability for an advanced customer portal to allow customers to track their water usage and advanced metering infrastructure, among other items. New Finance Reports James Wilkins pointed out the updated finance reports, which include a summary of revenues and expenditures. He said Authority water sales were below projections and base rate collections were above projections. Traer Creek Tank Update Jason Cowles reported that staff selected Filanc Construction for the Traer Creek Tank rebuild. The Authority has not previously worked with this contractor, but staff was impressed with the firm’s experience on such projects. Cordillera Valley Club Tank Revegetation Project Heather Houston of Western Ecological Resources presented information on the successful, extensive vegetation restoration project at the CVC tank project site. The goal of the restoration was to leave the disturbed area with a more natural diversity of vegetation than is normally achieved after construction. The sloped site included numerous unique species, and part of the restoration occurred during the 2012 drought. Despite many additional challenges, the project is meeting all success criteria and is expected to do so until the official end of the monitoring at the end of 2017. Local and regional snowpack update Diane Johnson presented information on area snowpack and specifically the Vail SNOTEL monitoring site, which peaked early but achieved almost 90% of normal snowpack. The site conditions also changed in past years, with more sunlight and exposure. Diane also said Lake Powell will release 9 million acre feet of water to Lake Mead this year, staving off a shortage for the lower basin states for at least another year. Traer Creek Update Jim Collins said Kyle Kreischer, the Authority’s special counsel for the case, was moving to Seattle. The board ratified previous action by Linn Brooks and George Gregory to engage the firm of Nathan, Dumm & Mayer to replace Kyle. Bachelor Gulch Water Glenn Porzak discussed the issue, by which the Bachelor Gulch Metropolitan District was using more outdoor irrigation water than it was permitted by the Summary of Authority’s April 27, 2017, Board Meeting Page 2 of 2 Rights Agreement Authority’s original agreement with the Smith Creek Metropolitan District. He presented a water service agreement to remedy the issue, which will convey 31 acre feet of water to the Authority to cover the additional usage. The Board unanimously approved the agreement. Vacation of Water Utility Easement in Edwards The Board unanimously approved the vacation of a water utility easement around a lot in Edwards for the VIA PUD. The approval was conditioned upon the Authority’s receipt of new easements for the property at the appropriate time and upon county approval for the development within two years. Support for Denver Water’s Moffat Project Glenn Porzak discussed a letter sent to the Federal Energy Regulatory Commission on behalf of Denver Water’s Moffat project. Glenn reported Denver Water was grateful for the support. St. Jude’s Recreation Water Bill Glenn Porzak updated on the bill, which passed the House and Senate, though the Senate requested changes, which now means the bill will go to a conference committee prior to final approval. The current iteration of the bill still protects and preserves existing absolute and conditional water rights decreed before the St. Jude’s decision. Eagle Park Reservoir Acquisition Glenn Porzak said Eagle County now does not want to sell its Eagle Park Reservoir Company shares. He said further discussion would take place at the EPRC meeting later in the day. FISCAL YEAR 2017 FINANCIAL REPORT May 23, 2017 ______________________________________________________________________________________ 1. Financial Report Memorandum 2. Sales Tax Report – March 2017 3. Accommodations Tax Report – March 2017 4. Real Estate Transfer Tax Report – April 2017 5. Recreation Center Admissions – April 2017 6. General Fund Year-To-Date Expenditures – April 2017 7. Fleet Maintenance Fund Year-To-Date Expenditures – April 2017 8. Transit Fund Year-To-Date Expenditures – April 2017 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Martha Anderson, Senior Accountant Meeting Date: May 23, 2017 Re: Financial Report SUMMARY Revenues SALES TAX • Sales tax revenue for March total $918,658, a 2.87% decrease over the previous year. Year-to- date sales tax revenue is up 1.86% over the previous year, with a negative variance of $97,358 over the revised annual budget. • It is important to consider in the sales tax revenue comparison over the previous year that Easter fell in March last year versus April in the current year. This will also apply to accommodation tax revenue. ACCOMMODATIONS TAX • Accommodations tax revenue for March total $201,009, a 7.53% decrease over the previous year. Year-to-date accommodations tax revenue is up 2.60% over the previous year, with a negative variance of $5,907 over the revised annual budget. REAL ESTATE TRANSFER TAX • Real estate transfer tax collections for April total $249,939, an increase of $90,893 over the previous year. Year-to-date RETT collections are up 28.07% over the previous year, with a positive variance of $412,608 over the revised annual budget. • We have collected a total of $809,905 in real estate transfer tax from the Wyndham Vacation Resorts, Inc. since its opening, $61,390 in 2015, $639,420 in 2016, and $109,095 year-to-date in 2017. Wyndham’s year-to-date RETT collections are up 42.61% over the previous year, with a positive variance of $62,607. RECREATION CENTER ADMISSIONS • April’s admission fees total $62,435, a 7.36% decrease over the previous year. Year-to-date admission fees are up 3.33% over the previous year, with a positive variance of $906 over the revised annual budget. Expenditures GENERAL FUND • General fund expenditures through April 2017 total 42.08% of the 2017 annual budget. These expenditures include insurance premiums, $424,382 in Patrol annual equipment replacement charges and dispatch services, $162,254 in roads and bridges equipment replacement, as well as $218,872 for parks landscaping, snow removal and other annual equipment replacement charges. FLEET MAINTENANCE • Fleet expenditures for April are at 32.92% of the total budget. These costs include $140,104 in auto and equipment stock parts and ongoing personnel and operating expenditures such as gas, insurance premiums, fleet maintenance and salaries. TRANSIT • Transit funds are 62.20% expended compared to the 2017 budget. These expenditures include a $415,415 expenditure for a 30 ft. diesel bus for the people mover bus project, as well as $185,228 for the Town’s half of the 2017 gondola operations. TOWN OF AVON SALES TAX 2017 Actual vs. Budget Budget YTD Collections Budget % of change 2012 2013 2014 2015 2016 2017 2017 Variance from 2016 January 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 743,689.78$ 812,836$ 792,562.03$ (20,273.74)$ 6.57% February 533,546.48 636,702.27 673,722.03 788,999.06 774,754.00 827,960 798,923.33 (29,036.18) 3.12% March 643,910.29 720,267.31 793,301.96 875,499.53 945,795.71 966,705 918,657.55 (48,047.68) -2.87% April 304,220.84 307,407.13 381,839.56 403,560.42 438,198.18 445,897 - - -100.00% May 270,082.79 309,938.72 340,332.28 353,840.11 404,872.55 407,955 - - -100.00% June 430,588.57 490,329.18 538,517.31 570,424.51 693,675.00 661,725 - - -100.00% July 472,215.40 537,479.66 570,959.86 601,516.82 690,342.23 697,922 - - -100.00% August 455,439.86 504,332.25 547,085.80 572,647.57 593,398.26 649,424 - - -100.00% September 424,793.75 475,362.88 546,016.59 595,235.68 667,949.51 658,281 - - -100.00% October 341,711.43 356,925.96 417,921.46 423,701.53 451,303.71 483,881 - - -100.00% November 336,060.63 362,460.94 397,935.36 438,315.55 445,336.04 481,098 - - -100.00% December 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,247,832.82 1,327,331 - - -100.00% Total 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,421,015$ 2,510,142.91$ (97,357.61)$ 1.86% Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 2013 2014 2015 2016 2017 Year Sales Tax Collections for March TOWN OF AVON SALES TAX 2017 Actual vs. Budget $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 2013 2014 2015 2016 2017 YTD Sales Tax Comparison January -March $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 Sales Tax Monthly Comparison 2015-2017 2015 2016 2017 TOWN OF AVON ACCOMMODATIONS TAX 2017 Actual vs. Budget Budget YTD Collections Budget % change 2012 2013 2014 2015 2016 2017 2017 Variance 2016 January 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 168,424.63$ 173,701$ 190,207.82$ 16,506.46$ 12.93% February 106,016.32 137,503.61 150,317.06 175,056.31 185,370.53 198,130 194,804.88 (3,325.52) 5.09% March 115,043.42 153,208.80 168,597.39 183,650.29 217,387.54 220,097 201,008.55 (19,088.15) -7.53% April 20,786.24 26,494.49 31,626.02 34,825.13 60,916.55 45,877 - - -100.00% May 16,664.44 24,527.17 21,961.97 28,002.56 37,357.48 33,758 - - -100.00% June 56,012.17 66,578.91 54,232.23 53,397.46 73,591.08 79,805 - - -100.00% July 66,726.73 73,008.92 81,083.01 86,301.22 107,595.18 108,938 - - -100.00% August 58,358.93 67,688.07 71,044.33 75,107.71 87,674.05 94,532 - - -100.00% September 42,245.24 44,661.37 50,840.16 60,417.74 68,139.11 69,953 - - -100.00% October 25,879.51 27,154.53 34,977.59 38,706.72 45,738.23 45,301 - - -100.00% November 22,786.42 28,171.04 32,064.02 34,328.47 37,570.50 40,695 - - -100.00% December 112,759.02 131,361.43 168,944.85 198,421.26 200,114.56 213,192 - - -100.00% Total 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,323,978$ 586,021.25$ (5,907.21)$ 2.60% Actual Collections $- $50,000 $100,000 $150,000 $200,000 $250,000 2013 2014 2015 2016 2017 Accommodations Tax Collections for March Town of Avon Real Estate Transfer Tax 2017 Actual vs. Budget Budget YTD Collections $ Change % of Change 2012 2013 2014 2015 2016 2017 2017 2016 2016 January 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 64,422.00$ 46,204$ 107,390.00$ 42,968.00$ 120.78% February 41,750.07 55,872.69 562,219.70 85,479.08 200,850.86 161,359 270,815.26 69,964.40 216.82% March 84,760.49 125,927.64 50,375.06 168,744.22 265,061.65 118,502 254,737.53 (10,324.12) 50.96% April 219,195.80 144,437.80 197,656.36 125,266.30 159,046.06 144,208 249,938.93 90,892.87 99.53% May 270,170.12 121,784.12 183,745.60 237,971.08 184,987.10 170,310 - - -100.00% June 169,040.47 90,309.74 220,009.15 294,434.84 307,127.24 184,339 - - -100.00% July 71,057.40 386,434.78 141,051.52 396,838.68 259,977.94 214,087 - - -100.00% August 232,505.93 97,579.70 154,032.32 152,380.93 186,483.40 140,350 - - -100.00% September 96,389.34 157,010.67 267,886.92 291,223.61 321,957.68 193,471 - - -100.00% October 176,889.62 169,839.80 178,044.24 172,855.22 641,688.59 228,405 - - -100.00% November 150,549.86 112,491.82 122,582.66 169,328.38 315,109.37 148,379 - - -100.00% December 145,134.57 83,382.60 1,598,062.92 225,862.90 588,514.66 450,385 - - -100.00% Total 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 3,495,226.55$ 2,200,000$ 882,881.72$ 193,501.15$ 28.07% Budget 2,200,000.00 Variance, Favorable (Unfavorable)(1,317,118.28)$ Actual Collections $- $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 $700,000.00 $800,000.00 $900,000.00 $1,000,000.00 2013 2014 2015 2016 2017 YTD Real Estate Transfer Tax Collections TOWN OF AVONRECREATION CENTER ADMISSION FEES 2017 Actual vs. Budget Budget YTD Collections Budget % of change2012 2013 2014 2015 2016 2017 2017 Variance from 2016January 66,113$ 70,040$ 62,607$ 64,723$ 74,674$ 77,192$ 74,674.20$ (2,517.48)$ 0.00%February 78,782 68,578 63,838 68,506 86,342 83,558 93,365.80 9,807.68 8.13%March 62,670 72,616 77,902 81,664 76,023 84,660 84,085.80 (574.67) 10.61%April 49,982 64,370 61,760 55,452 67,398 68,245 62,435.00 (5,809.61) -7.36%May 44,880 35,064 43,119 50,067 54,337 51,924 - - -100.00%June 49,442 46,194 55,052 58,431 58,044 60,986 - - -100.00%July 73,067 71,491 61,472 66,400 65,874 77,225 - - -100.00%August 67,510 57,329 63,233 66,389 76,558 75,562 - - -100.00%September 38,141 43,829 36,846 44,719 49,018 48,520 - - -100.00%October 41,588 48,803 75,818 61,167 51,833 63,736 - - -100.00%November 94,044 93,822 29,570 71,384 72,114 82,391 - - -100.00%December 72,059 69,258 77,672 112,201 169,093 114,201 - - -100.00% Total 738,277$ 741,394$ 708,889$ 801,102$ 901,307$ 888,200$ 314,560.80$ 905.93$ 3.33%Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,0002013 2014 2015 2016 2017Recreation Center Admissions - April Dept./Div.2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 210,472$ 1,117$ 82,569$ 126,787$ 39.76% 112 Boards and Commissions 15,299 - 3,902 11,397 25.50% 113 Town Attorney 132,000 100,122 30,610 1,267 99.04% 115 Town Clerk 103,471 5,339 23,719 74,413 28.08% 121 Municipal Court 129,000 16,862 33,003 79,135 38.66% 131 Town Manager 403,797 5,210 102,575 296,012 26.69% 133 Community Relations 171,497 25,366 57,273 88,858 48.19% Total General Government 1,165,536 154,016 333,650 677,870 41.84% Human Resources Department: 132 Human Resources 431,677 12,426 135,832 283,420 34.34% Finance & IT Department: 141 Finance 844,922 51,573 209,065 584,284 30.85% 143 Information Systems 406,753 34,515 157,101 215,137 47.11% 149 Nondepartmental 481,755 50,811 247,439 183,505 61.91% Total Finance & IT 1,733,430 136,900 613,604 982,925 43.30% Total General Gov't Departments 3,330,643 303,342 1,083,086 1,944,215 41.63% Community Development: 212 Planning 263,033 38,291 70,609 154,133 41.40% 213 Building Inspection 149,265 3,212 43,260 102,793 31.13% 214 Economic Development - - - - 0.00% 215 Town Produced Events 302,421 59,904 69,083 173,434 42.65% 216 Signature Event Seed Funding 50,000 5,172 138,635 (93,807) 287.61% 217 Community Grants 170,560 - 114,610 55,950 67.20% Total Community Development 935,279 106,580 436,196 392,503 58.03% Police Department: 311 Administration 683,437 20,070 206,430 456,937 33.14% 312 Patrol 2,415,803 28,026 1,092,017 1,295,760 46.36% 313 Investigations 271,440 - 88,663 182,777 32.66% Total Police 3,370,680 48,096 1,387,110 1,935,474 42.58% Public Works: 412 Engineering 240,776 881 68,297 171,599 28.73% 413 Roads and Bridges 2,354,312 148,713 769,721 1,435,878 39.01% 415 Parks 695,781 127,275 213,756 354,749 49.01% 418 Buildings & Facilities 1,152,037 64,675 390,901 696,461 39.55% Total Public Works 4,442,906 341,544 1,442,675 2,658,687 40.16% Recreation Department: 514 Administration 227,282 9,691 86,998 130,594 42.54% 515 Adult Programs 56,087 - 16,138 39,949 28.77% 516 Aquatics 558,841 20,945 179,724 358,171 35.91% 518 Fitness 150,785 - 97,269 53,516 64.51% 519 Guest Services 295,366 3,114 94,348 197,904 33.00% 521 Youth Programs 145,761 1,113 28,035 116,614 20.00% Total Recreation 1,434,122 34,863 502,511 896,748 37.47% TOTAL OPERATING EXPENDITURES 13,513,630$ 834,425$ 4,851,579$ 7,827,626 42.08% Department Expenditure Summaries General FundApril 2017 Expenditures to Date Dept./Div.2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,652,546$ 72,850$ 471,159$ 1,108,536$ 32.92% Total Operating Expenditures 1,652,546 72,850 471,159 1,108,536 32.92% TOTAL EXPENDITURES 1,652,546$ 72,850$ 471,159$ 1,108,536$ 32.92% Expenditure Summary Fleet Maintenance Enterprise Fund April 2017 Expenditures to Date Dept./Div.2017 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 247,060$ 21,930$ 97,496$ 127,635$ 48.34% 432 Transit Operations 1,571,189 11,403 1,018,686 541,100 65.56% 435 Wash Bay 130,110 4,838 57,456 67,816 47.88% Total Operating Expenditures 1,948,359 38,171 1,173,638 736,550 62.20% TOTAL EXPENDITURES 1,948,359$ 38,171$ 1,173,638$ 736,550$ 62.20% Expenditure Summary Transit Enterprise Fund April 2017 Expenditures to Date