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TC Packet 09-10-2019 AVON TOWN COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 10, 2019 MEETING BEGINS AT 5:00 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECI AL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING, CALL TOWN CLERK BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS. TOUR OF OLD ENGINEERING WING, OLD TOWN HALL 1 LAKE STREET, AVON, CO 81620 4:00 PM AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.] 5:05 5. BUSINESS ITEMS 5.1. PRESENTATION: AVON CONVENTION CENTER (MICHAEL CACIOPPO, AVON RESIDENT) (20 MINUTES) 5:10 • PRESENTATION – 15 MINUTES • COUNCIL Q&A – 5 MINUTES 5.2. WORK SESSION: CAPITAL PROJECTS LONG-RANGE PLAN DISCUSSION (FINANCE DIRECTOR SCOTT WRIGHT AND TOWN ENGINEER JUSTIN HILDRETH) (85 MINUTES) 5:30 • STAFF PRESENTATION – 30 MINUTES • DISCUSSION/COUNCIL Q&A – 45 MINUTES • COUNCIL DIRECTION – 10 MINUTES 5.3. PUBLIC HEARING: SECOND READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION (TOWN MANAGER ERIC HEIL) (45 MINUTES) 6:55 • STAFF PRESENTATION – 10 MINUTES • DISCUSSION/COUNCIL Q&A – 20 MINUTES • PUBLIC COMMENT – 15 MINUTES • COUNCIL ACTION 5.4. PUBLIC HEARING: FIRST READING ORDINANCE 19-06 ADDING COMMUNITY HOUSING AS A USE BY RIGHT TO THE LIGHT INDUSTRIAL AND COMMERCIAL EMPLOYMENT (IC) ZONE DISTRICT (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 7:40 • STAFF PRESENTATION – 10 MINUTES • DISCUSSION/COUNCIL Q&A – 15 MINUTES • PUBLIC COMMENT – 5 MINUTES • COUNCIL ACTION AVON TOWN COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 10, 2019 MEETING BEGINS AT 5:00 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECI AL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE M EETING, CALL TOWN CLERK BRENDA T ORRES AT 970-748-4001 OR EMAIL BTORRES @AVON.ORG WITH ANY SPECIAL RE QUESTS. 5.5. FIRST READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS (DEPUTY TOWN MANAGER PRESTON NEILL) (30 MINUTES) 8:10 • STAFF PRESENTATION – 10 MINUTES • DISCUSSION/COUNCIL Q&A – 15 MINUTES • PUBLIC COMMENT – 5 MINUTES • COUNCIL ACTION 5.6. APPROVAL OF FEE AGREEMENT WITH KARP NEU HANLON (TOWN MANAGER ERIC HEIL) (5 MINUTES) 8:40 5.7. APPROVAL OF MINUTES FROM AUGUST 27, 2019 REGULAR COUNCIL MEETING (DEPUTY TOWN MANAGER PRESTON NEILL) (5 MINUTES) 8:45 6. WRITTEN REPORTS 6.1. ELECTRIC VEHICLE CHARGING STATION PLAN (MOBILITY DIRECTOR EVA WILSON) 6.2. 2020 CENSUS UPDATE (DEPUTY TOWN MANAGER PRESTON NEILL) 6.3. ABSTRACT FROM SEPTEMBER 3, 2019 PLANNING AND ZONING COMMISSION MEETING (PLANNING DIRECTOR MATT PIELSTICKER) 6.4. UPPER EAGLE REGIONAL WATER AUTHORITY AUGUST 22, 2019 MEETING SUMMARY (MAYOR SMITH HYMES) 7. MAYOR & COUNCIL C OMMENTS & MEETING UPDATES (10 MINUTES) 8:50 8. A DJOURN 9:00 _________________________________________________________________________________________________________________________________________________________________________________________________________ *Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE AGENDAS: September 24, 2019 - WORK SESSION: PARK RULE ENFORCEMENT, D OGS AT SPECIAL EVENTS, SPECIAL EVENT SECURITY - WORK SESSION: REVIEW OF PLASTIC REGULATIONS - WORK SESSION: EAGLE RIVER WATER QUALITY IMPROVEMENT EFFORTS TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Preston Neill, Deputy Town Manager Date: September 10, 2019 Topic: P RESENTATION: AVON CONVENTION CENTER SUMMARY: Michael Cacioppo, Avon resident, will attend Tuesday’s Council meeting to present an idea for a convention center in Avon. Attached to this memo is a letter from Mr. Cacioppo with supporting information. ATTACHMENT: Michael Cacioppo Letter – September 5, 2019 Michael CacioppoBox 3612Avon, CO 81620970-280-5555Political2@BusinessBriefs.net September 5, 2019 Eric HeilAvon Town ManagerEHeil@Avon.org Dear Eric, Hellen Keller said, “The only thing worse than being blind is having sight but no vision.” You asked me to provide information about a convention center proposal to the Avon TownCouncil on Tuesday, September 10, 2019, to be (hopefully) first on the agenda, after the 5pm LiquorBoard Hearing ends, usually around 5:15pm. This basic proposal, is hopefully the beginning of having the Town financially support aninquiry into providing a business plan, including costs to build, and potential revenues to receive,for a possible convention center hotel to be located at the old fire department, old town hall, andwhere the east and west parking lots could overlook the stage at Nottingham Park. It is expectedthat the convention center hotel would include an underground parking structure that manyspaces could be used for ALL events occuring at Nottingham Park,along with convention centerhotel guests, etc.. It is expected that the park-facing side of the hotel would include hotel roomswith small decks facing the stage, and that an outside (Avon Westin-style) party deck would alsoface the stage. This convention center and hotel should be designed to compete with the Keystone, Col-orado Convention Center and Currigan Hall in Denver, where over approximately 900 trade asso-ciations on the front range seem to be limited to attend large conventions that most RockyMountain Hotels can not handle. This convention center could be of benefit to many local Avon hotels and businesses, pro-viding potential customers that businesses in Avon would not normally receive for the smallerevents currently booked at the Westin Hotel, etc. A long-term lease arrangement, where the taxpayers provide the land, and a conventioncenter hotel operator could provide the parking structure and hotel facility, could provide Avon with seriously increased tax revenues that could help Avon terminate it’s present controversial2% real estate transfer tax that is often debated about how many home sales Avon loses to EagleVailand Edwards, which have no real estate transfer taxes. Reducing or removing transfer taxes helps locals better afford workforce and retirementhousing in Avon. At the September 10th, 2019 council meeting, in which you have indicated that 15 minuteswould be allowed for this topic,it is expected that comments will be made as to the history of theTown of Vail failed 1983 Congress Hall convention center vote, and how the Town of Vail 2000 con-vention center vote succeeded at the ballot, then failed in 2004, after the town had received approx-imately $10 million in tax revenues but stupidly failed to do anything with it for 4 years. Assomeone once said, “Those that fail to learn from history are destined to repeat it!” With up to 52 weeks per year to book conventions, a financial study is needed to help de-termine how many groups must be booked to pay the debt service for a parking structure, hotel,and large meeting rooms bigger than any current Vail, Avon or Beaver Creek hotel can offer now. In the year 2000, it was estimated that 17 groups per year would pay the debt service tobuild a Vail Convention Center.I suspect in today’s dollars, more groups per year would be nec-essary to financially support an Avon Convention Center. With Avon attempting to put itself on the world map more with the recent successful begin-nings of the women’s bike classic being televised in Europe, etc., an Avon Convention Centerwould definitely put Avon on the map, as well as provide much-needed parking for stagedevents at Nottingham Park,and hopefully having the hotel operator help book a percentage ofavailable dates that more famous entertainment acts might fill on their bus tours coast to coast,with the ability to possibly have free hotel rooms provided at the new hotel to sweeten their com-pensation package. At the September 10th meeting, it is anticipated that a few of the members of our ad hocAvon Convention Center Committee will also briefly speak to endorse a Town study of bringinga convention center to Avon. Eric, please confirm the approximate time to speak with the Town Council about this topic.Thank you. Sincerely, Michael J. Cacioppo Michael Cacioppo 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Capital Improvements Projects DATE: September 4, 2019 SUMMARY: Council has scheduled a work session to review the long-range Capital Improvements Projects Plan (“CIP Plan”). This report describes the available revenues, CIP Plan policies, proposed projects and options for Council. COLOR CODE: The draft CIP Plan uses color coding to highlight proposed projects in 2020. Grey: Non-discretionary projects proposed by Staff. These are public infrastructure and public facility projects that require completion next year to avoid increased costs and/or to avoid costly deterioration to public facilities. Green: These are projects which were identified in the adopted budget last year for completion in 2020. Purple: These are projects which were planned for 2019 but are deferred to 2020 due to Staff capacity or outstanding uncertainty on project direction. Blue: These are proposed new projects for 2020. REQUESTED COUNCIL DIRECTION: This is an initial work session on updating the Town’s five-year CIP Plan. The five-year CIP Plan will be included in the draft 2020 Budget which is planned to be prepared and made available to Council and public by October 11, 2020. There are many new projects, including several projects that require initial design before there is a more accurate estimate of project costs. Any Council questions or requests for more detail or potential options on any projects are welcome. Ultimately, Council direction is desired to prioritize projects in the CIP Plan as part of the complete 2020 Budget. Overall, the proposed CIP Plan presents a strong emphasis on discretionary Capital Projects in Nottingham Park for 2020 and 2021, including: landscaping, pickle ball court and field improvements to West Nottingham Park, demolition of the Old Town Hall, construction of additional public restrooms, replacement of the retaining wall along the main field, restoration and remodel of the cabin, and expansion and screening of portalettes by the beach. AVAILABLE REVENUE: Council has the following identified revenue sources that can be used for capital improvement projects in 2020: Real Estate Transfer Tax ($2.5M base level less debt service and engineering) $1,238,000 Real Estate Transfer Tax (Wyndham) $ 275,000 Real Estate Transfer Tax interest earnings $ 50,000 Avon Urban Renewal Authority $ 700,000 TOTAL AVAILABLE FUNDS $2,263,000 As presented, in order to maintain a minimum $1,000,000 CIP fund balance after 5 years, $700,000 in URA funds are budgeted for 2020 and $250,000 are budgeted for 2021. Additional Capital Projects and/or reduction of RETT revenues may necessitate increasing the allocation of URA funds to qualified Capital Projects. Page 2 of 6 In addition to these revenue streams, the Town has available CIP Fund Balances and proposed financing for the Solar Panels for the Fleet Building. Capital Lease Financing – Solar Panels for Fleet Building $ 425,000 CIP Fund Balance (amount over the $1,000,000 reserve policy) $3,768,000 Total Funds Available for Expenditure $6,456,000 CIP POLICY: Several policies are discussed as follows for Council consideration. Although the Town’s CIP Plan looks healthy and flexible for the next five years, there are a variety of potentially very expensive capital projects that are not on the current list. These projects are not well defined and community support is not determined. Community preferences for future projects will be better defined through the community survey process to be conducted in even numbered years. Such projects may include (but are certainly not limited to): • Recreation Center Expansion (estimated at $8 to $16 million) • Redevelopment of 351 Benchmark Road (old Fire Station) (estimated at $5 to $12 million) • Community Housing (roughly estimated at $100,000 subsidy per for sale unit, or $5 million for 500 units) • Parking Structure (roughly estimated at $80,000 to $100,000 per parking stall, or $32 million for parking structure(s) with 400 stalls) Non-Discretionary Projects: Non-Discretionary projects should be identified, inventoried, planned and funded sustainably for all existing Town assets with a timeframe that extends beyond the 5 year CIP Plan. Non-Discretionary Projects include streets and repairs and upgrades to existing public facilities. Use of Additional and Surplus Revenues: During above average years there is typically additional RETT revenues as well as General Fund surpluses. I recommend that any additional revenues or General Fund surpluses which Council desires to allocate to Capital Projects should be allocated and appropriated during the following year when the funds are realized rather than in the current year when such additional funds are anticipated. Should additional funds become available (which is likely this year and next year) then discretionary projects can be accelerated or funds can be accumulated for future expensive Capital Projects. CIP Policies and Restrictions on Various Fund Sources: The following policies have been used for the CIP fund: • Town strives to maintain a minimum $1,000,000 fund balance in the CIP fund for emergencies and unforeseen capital improvement expenditures. This has been an unwritten policy that has been stated and followed for years. It will be added as a written policy in the 2020 Budget. • The projected RETT revenue base of $2.5 million is conservative. Revenues which exceed the annual budget projection carry-over in the fund balance to the next budget year. Page 3 of 6 • The additional RETT from initial sales at the Wyndham project is expected to decrease to $0 by 2022 as initial sales are completed. • The capital lease financing for the solar panels on the Fleet Building will have a net annual payment amount for 7 to 10 years. The annual payment will be partially offset by the revenues from sale of the solar produced electricity back to Holy Cross Energy. • The CIP Fund balance includes $1,730,000 of remaining funds assigned for Town owned properties (which were derived from the initial sales of the Wyndham project). • The CIP Fund balance also includes Asphalt Overlay Escrow Fund balances that were established by the Village (at Avon) settlement and which must be used for street projects in the Village (at Avon). • The Avon Urban Renewal Area currently has $700,000 available for capital improvements within the West Avon Investment Plan area (west of Avon Road, north of Eagle River, east of Avon Elementary School, and north to the Medical office building on north side of I-70). The West Avon Urban Renewal Plan broadly authorizes expenditure of URA funds on Town properties and Town public infrastructure in this area. Capital Projects: The cost of Capital Projects is most effectively reduced with thorough planning and design prior to bidding for construction. Due to the construction season cycles and the high demand for construction work, an effective process to manage costs requires planning and design in the first year for a new project, and then bidding and construction the following year. It is very challenging to design and building projects within the same year due to the strong economy, strong volume of construction projects, and very low unemployment rates. Staff Capacity to Manage Capital Projects: Avon currently has two engineers to oversee and administer capital projects. Prior to the 2008 recession, Avon employed three engineers. It is important for project success and efficiency to schedule and phase capital projects at a phase that existing staff can oversee. If Council desires additional capital projects, then I recommend the Town retain either contract engineering services or consider increasing the engineering staff to three persons. SPECIFIC CAPITAL IMPROVEMENT PROJECTS: Vehicle Charging Station: This project was deferred to 2020. The primary purpose of a charging station at the Avon Town Hall would be to charge a Town owned electric vehicle. Acquisition of one or more electric vehicles is planned for 2020. Staff has prepared an Electric Vehicle Readiness Plan to provide a long-term plan for optimum locations for electric vehicle charging stations. Fast Charging Electric Vehicle Station: A fast charging electric vehicle station is estimated to cost $75,000. This line item anticipates the Town seeking grant and partner funds in a manner similar to the fast charging station in Eagle. This project promotes the Town’s Climate Action Plan goals and would establish a fast charging electric vehicle station on the I-70 corridor. Fleet Facility Roof Membrane Replacement: Staff proposes this project as non-discretionary because the current roof membrane is leaking and has reached its useful life. Fleet Solar Panels: Staff proposes this project to accompany the Fleet Facility roof membrane replacement. Solar panels installation promotes the Town’s Climate Action Plan goals. Page 4 of 6 Pavilion Floor Replacement and Deck Railing: Staff proposes this project as non-discretionary to correct and replace a sub-standard water proof membrane underneath the stage surface. Deck railing is proposed to mitigate potential liability when the stage is not used for performances. New Public Restrooms for Nottingham Park: Council has provided direction that additional public restrooms for Nottingham Park are desired to support events of 1,500 to 2,000 persons. The location of the new public restrooms would be on the old Town Hall site. Cabin Remodel: Staff proposes for Council consideration a complete restoration and remodel of the Nottingham Park cabin. The remodel would provide an additional green room for the Avon Performance Pavilion that would include an ADA accessible bathroom with shower and a kitchen sink and refrigerator. The cabin would still be used by the Recreation Center for summer programs. The remodeled cabin would be available as a small community meeting space. The cabin has been modified over the years to the extent that any restoration is not eligible for state or federal historic preservation funds. The extent of deterioration of some logs and posts and general condition of the cabin means that a complete restoration and remodel will be the equivalent cost of building a new structure. Staff believes the current size and location is ideal for a multi-use space for the Recreation Center programs, an additional green room for the Avon pavilion and potential public meeting or private event rental space. Recreation Center Locker Replacement: Staff proposes the locker replacement at the Recreation Center as non-discretionary because the existing lockers have reached and exceeded their useful life and replacement parts are not available for repairs. The proposed lockers would be an upgrade from the existing lockers that would enhance the Recreation Center. Old Town Hall Demolition: Council has provided direction to proceed with demolition of the old Town Hall building. Demolition of the old Town Hall building presents some additional potential projects and costs related to the site area, including replacement of the Retaining/Seating Wall along the Main Soccer Field and some Patio/Landscaping work for the picnic table area on the north-east side of the old Town Hall (discuss below). Planning West Main Street Mall: This project was deferred from 2019. It is anticipated to coordinate with development of the Lot B hotel site which has not yet pulled a building permit. Staff proposes proceeding with the planning work in 2020 prior to the proposed re-paving work on Mikela Way in 2021. Beach Bathroom Pad and Screening: This project was deferred from 2019. Staff proposes an upgrade to the existing portalette to serve the Nottingham Park beach area on the northside to consist of a cement pad and screening for three portalettes, including one ADA accessible portalette. Resurface Pickleball Courts: This project was deferred from 2019. Staff proposes resurfacing the pickleball courts in spring of 2020 to improve the playing surface. Nottingham Park Beach Public Restrooms: This project has been included for Council discussion. It is roughly estimated to cost $500,000. It can be funded through additional allocation of Avon URA funds for Nottingham Park Capital Projects and could be accelerated for design in 2020 and construction in 2021. If Council desired to prioritize this project, then it could replace the project to install and screen three portalettes in 2020. West Nottingham Park Landscape Improvements: The West Nottingham Park Landscape Improvements would address areas around the tennis courts to bring this area of the Nottingham Park up to the same level of landscaping and maintenance as the rest of the park. Soccer Field Repair/Remove Baseball in-field and Fencing: Staff proposes using the west play field Page 5 of 6 area for a regulation high school size soccer field and a smaller children’s soccer field to accommodate simultaneous soccer play by different age groups. Staff believes that the baseball diamond is seldom used and proposes to remove the chain link fencing and dirt infield and re-sod this area. Replace Retaining/Seating Wall along Main Soccer Field: Staff proposes replacing the existing wood retaining wall that is deteriorating with a rock veneer retaining wall with a seating cap that matches the base of the Avon Pavilion stage. The retaining wall is often used as a seating wall for sports and performance events in Avon. The replacement of the retaining wall will visually tie the Avon Pavilion to the larger field area. Finish Patio Landscaping with Old Town Hall Demolition: The existing old Town Hall has a nice patio area on the northeast corner of the building with established vegetation. The patio area has seating and picnic tables with a view of the main field. This area should be preserved with the old Town Hall demolition. Some hardscaping would be required to tie in where the portion of the stairs to the old Town Hall is demolished. Wildland Fire Mitigation: Council provided direction to include $40,000 per year for Wildland Fire Mitigation. I suggest that this an open space management expenditure and should be the General Fund rather than the CIP Fund. Roundabout #4 Landscaping: The posts and sign for the 40th Anniversary Celebration have been removed. Landscaping is proposed for Roundabout #4. OPTION: Council could consider placing art in this roundabout or consider a more prominent design. Council could delegate design to CASE and/or Planning and Zoning Commission. Outdoor Public Music Instruments: Council approved this project. This is ready to proceed as soon as location for installation is determined. I have directed Staff to submit a site plan application to Planning and Zoning Commission so that Avon follows its rules and provides a process for public notice, awareness and input. Finish Street Light LED Upgrades: There are approximately 800 street lights in Avon and approximately 160 that have not been converted to LEDs. Staff (i.e. Avon’s one electrician) can convert about 10-12 street lights per year. The proposal is to hire a contractor to complete the conversion of remaining street lights to LEDs to accelerate completion of the LED light conversions. This project would promote Avon’s Climate Action Plan goals and would reduce Avon’s electrical usage. Annual Guard Rail Repair: Staff proposes this project as a re-occurring non-discretionary expenditure to repair and replace guard rails as needed. Eaglebend Resurfacing: This project was deferred from 2019. Staff proposes this project as a non- discretionary street improvement project. Yoder Ave. Asphalt Overlay: This project will be funded with Asphalt Overlay funds that were set aside as part of the Village (at Avon) settlement. Staff proposes this project as a non-discretionary street improvement project. Mikaela Way and Benchmark Rd: This project is added for 2021 to allow for planning work to occur for the West Avon Main Street Mall extension to occur first. Staff proposes this project as a non-discretionary street improvement project for 2021. Buck Creek Road Repairs: The need for repairs to a portion of Buck Creek Road were identified this year. Staff proposes this project as a non-discretionary street improvement project. Page 6 of 6 West Beaver Creek Beach/North Park Access: This project would involve widening the shoulder to create a full parking lane and additional walking lane on the north side of West Beaver Creek Blvd and would include installation of a pedestrian activated flashing sign for a crosswalk to expand and enhance parking for the north access to Nottingham Park. Post Blvd.: This project is a substantial street improvement project planned for 2024 in the amount of $1.4 million. The Town does not collect real estate transfer tax from the Village (at Avon) pursuant to the 1998 Development Agreement. I am proposing that the Town budget to transfer from the Add-On Public Improvement Fee revenues derived from the Village (at Avon) to the CIP fund over the next five years to fund this street improvement project. The estimated project fund is $1.4 million and the estimated remaining amount in the Asphalt Overlay Account for the Village (at Avon) is $105,000; therefore, a total of $1,295,000 of transfers of Add-On PIF revenues are shown in the CIP fund over the next five years. USFS Road 779 (Metcalf): The U.S. Forest Service has expressed concerns about the condition of the Metcalf Road East Stormwater Quality Vault: Council has previously approved this project. This project will add stormwater treatment to Avon Road, which currently drains directly into the Eagle River. This project will promote Avon’s river quality improvement efforts. West Stormwater Quality Vault: This project is similar to the East Stormwater Quality Vault and will add storm water treatment to the east side of Avon Road. Staff proposes to accelerate this project for design in 2020 and construction in 2021. Project THOR: Please see IT Manager Robert McKenner’s report on Project THOR and broadband. Although there remains many details to determine related to broadband enhancement for Avon, Staff proposes proceeding with Project THOR this year and join other mountain communities that are actively pursing broadband enhancements at the community level. Fiber – CDOT to Public Safety Facility: Staff proposes this project to enhance internet connection redundancy. Rail Road Bridge LED Sign Boards: Staff proposes this project as a community enhancement that will significantly improve the Town of Avon’s ability to advertise events and provide information to the general public. The proposed LED sign boards will improvement and modernize Avon’s public appearance. Neighborhood LED Sign Boards: Staff proposes this project as a community enhancement that will improve the Town of Avon’s ability to provide information to the community. Three neighborhood signs are proposed: (1) Nottingham Road/Wildridge area, (2) Avon Elementary area, and (3) upgrade to Avon VMS entry sign board at Walgreen’s. A forth sign would be proposed in 2021 for a location in the Village (at Avon) when the new apartment project is completed. Mini-Split Town Hall Data Center: Staff proposes this project to enhance redundancy and security of Avon’s data system. REQUESTED DIRECTION: Any direction by Council is welcome as well as questions and requests for more information. There are many new projects presented in this CIP Plan work session and it is expected that it will take some time for Council to determine the appropriate prioritization of projects for Avon. Thank you, Eric CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Revised Proposed Actual Budget Budget Budget 2018 2019 2019 2020 2021 2022 2023 2024 REVENUES Real Estate Transfer Tax: Base Level 2,978,294$ 2,500,000$ 2,500,000$ 2,500,000$ 2,500,000$ 2,500,000$ 2,500,000$ 2,500,000$ Wyndham Vacation Ownership Club 636,896 275,000 275,000 275,000 225,000 - - - Penalties and Interest 5,935 - - - - - - - Interest Earnings 92,412 43,750 43,750 50,000 50,000 50,000 50,000 50,000 Intergovernmental: Federal/State: GOCO Grant - Playground 350,000 - - - - - - - Colorado Health Foundation (Fitness Court)140,000 - - - - - - - Local Government: Eagle County (Avon Station ECO Transit Shelter project)- 120,000 120,000 - - - - - Other Revenues: Miscellaneous Refunds 28,121 - - - - - - - Project Cost Reimbursements 2,780 - - - - - - - Nonclassified 8,898 - - - - - - - Total Operating Revenues 4,243,336 2,938,750 2,938,750 2,825,000 2,775,000 2,550,000 2,550,000 2,550,000 Other Sources: Capital Lease Financing - Solar Panels 258,258 - - 425,000 - - - - Transfer in from General Fund - Assigned to Capital Improvements 480,000 - - - - - - - - Transfer of Village Add-On PIF - - - 175,000 280,000 280,000 280,000 280,000 Transfer in from the AURA - New Town Hall Tenant Finish 1,420,000 - - - - - - - - Tract G Projects - 400,000 375,000 700,000 250,000 - - Transfer in from Water Fund - Nottingham Rd. Debris Flow Study and Improvements 125,000 160,000 - - - - - - Total Other Sources 2,283,258 560,000 375,000 1,300,000 530,000 280,000 280,000 280,000 Total Revenues and Sources of Funds 6,526,594$ 3,498,750$ 3,313,750$ 4,125,000$ 3,305,000$ 2,830,000$ 2,830,000$ 2,830,000$ Projected CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Current Revised Proposed Actual Budget Budget Budget 2018 2019 2019 2020 2021 2022 2023 2024 Projected EXPENDITURES Capital Improvements: Facilities 4,896,180 1,643,700 1,868,700 1,825,000 2,015,000 290,000 40,000 340,000 Land and Land Improvements 603,350 524,371 564,371 450,000 100,000 - - - Roads and Streets 2,933,518 2,503,265 2,203,265 1,325,000 985,000 635,000 1,100,000 2,340,000 Water Fund Projects 16,723 404,659 404,659 233,000 230,000 - - - Communications and Technology - 125,000 - 366,873 150,000 - - - Debt Service: Capital Leases 177,490 98,802 98,802 81,999 81,999 55,720 55,720 55,720 Contingency - 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Total Expenditures 8,627,261 5,399,797 5,239,797 4,381,872 3,661,999 1,080,720 1,295,720 2,835,720 Other Uses: Operating Transfers Out - General Fund: - Engineering Department Salary and Operations 233,117 240,111 240,111 247,314 254,733 262,375 270,247 278,354 Operating Transfers Out - Debt Service Fund: - 2010 COPs (ARTF)244,331 241,800 237,575 245,225 244,800 241,800 243,550 244,800 - 2014B COPS (Street Improvements)317,998 320,582 321,082 319,613 322,493 320,069 322,494 319,616 - 2016 COPS (Public Safety Bldg.)446,025 447,825 447,825 450,075 449,375 448,575 447,675 443,675 Total Other Uses 1,241,471 1,250,318 1,246,593 1,262,227 1,271,401 1,272,819 1,283,966 1,286,445 Total Expenditures and Uses of Funds 9,868,732 6,650,115 6,486,390 5,644,099 4,933,400 2,353,539 2,579,686 4,122,165 Net Source (Use) of Funds (3,342,138) (3,151,365) (3,172,640) (1,519,099) (1,628,400) 476,461 250,314 (1,292,165) Fund Balance, Beginning of Year 11,282,615 7,940,477 7,940,477 4,767,837 3,248,738 1,620,338 2,096,798 2,347,112 Fund Balance, End of Year 7,940,477$ 4,789,112$ 4,767,837$ 3,248,738$ 1,620,338$ 2,096,798$ 2,347,112$ 1,054,947$ Fund Balances Restricted For: Asphalt Overlay 658,421$ 658,421$ 658,421$ 108,421$ 108,421$ 108,421$ 108,421$ -$ Assigned For: Town-owned Properties Program 2,635,081 2,381,096 2,190,081 1,680,081 355,081 105,081 105,081 105,081 Unassigned:. Unreserved 4,646,975 1,749,595 1,919,335 1,460,236 1,156,836 1,883,296 2,133,610 949,866 Total Fund Balances 7,940,477$ 4,789,112$ 4,767,837$ 3,248,738$ 1,620,338$ 2,096,798$ 2,347,112$ 1,054,947$ CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2017 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget CAPITAL IMPROVEMENT PROJECTS Budget Actuals 2018 2019 2019 2019 2020 2021 2022 2023 2024 Facilities: New Town Hall: 11012 Tenant Finish Construction 4,774,516$ 262,088$ 4,437,428$ 75,000$ 145,000$ 4,844,516$ -$ -$ -$ -$ -$ 11017 Fiber (Public Safety Facility to Town Hall)135,275 43,647 58,710 - - 102,357 - - - - - New Vehicle Charging Station (Town Hall)- - - - - - 20,000 - - - - New Fast Vehicle Charging Station - - - - - - 30,000 - - - - New Joint Public Safety Facility Project: 12004 Construction 6,320,855 6,390,304 22,294 - - 6,412,598 - - - - - Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement 300,000 - - - - - 300,000 - - - - New Fleet Solar Panels 425,000 - - - - - 425,000 - - - - New Fleet Solar Panel Capital Lease Financing Net Payments - - - - - - 40,000 40,000 40,000 40,000 14015 Regional Transit Door Repairs 55,000 13,137 9,284 19,442 19,442 41,863 - - - - - 14016 Regional Transit Solar Panels 258,258 - 215,750 42,508 42,508 258,258 - - - - - 14017 Avon Station ECO Transit Shelter Project 120,000 - - 120,000 120,000 120,000 - - - - - Cultural and Recreational Facilities: 15018 Pavilion - Retractable Door/Stage Repair 322,928 7,303 24,925 290,700 290,700 322,928 - - - - - 15019 Pavilion - Floor Replacement and Deck Railing 15,000 - - 15,000 - - 215,000 - - - - New Recreation Center HVAC Upgrade 250,000 - - - - - - 250,000 - - - Other Facilities: 19004 Recycling Center, Lot 5 22,839 - 21,774 1,065 1,065 22,839 - - - - - 19005 2120 Saddle Ridge Loop (Fire Station) Improve.61,000 - - 61,000 61,000 61,000 - - - - - New Cinder/De-Ice Storage 300,000 - - - - - - - - - 300,000 Town-owned Properties Program: 15020 Recreation Center Weight Room Expansion 500,000 - - 500,000 500,000 500,000 - - - - - New Restrooms (Nottingham Park - Old Town Hall site)935,000 - - - - - 85,000 850,000 - - - New Cabin Remodel 500,000 - - - - - 50,000 450,000 - - - New Recreation Center Phase 2 Design 500,000 - - - - - - 250,000 250,000 - - New Recreation Center Locker Replacement 200,000 - - - - - 200,000 - - - - New Old Town Hall Demolition 600,000 - - - 150,000 150,000 450,000 - - - - New Fiber - Pavillion to Town Hall 70,000 - - - 70,000 70,000 - - - - - Hahnewald Barn: 19003 Predesign / Feasibility Study 135,000 - 106,015 28,985 28,985 135,000 - - - - - Tract G / Urban Renewal Fund Projects: 32029 Benchmark Rd. On-Street Parking 440,000 - - 440,000 440,000 440,000 - - - - - 32030 Planning - W. Main Street 50,000 - - 50,000 - - 50,000 - - - - New Design - W. Main Street 175,000 - - - - - - 175,000 - - - Land and Land Improvements: H.A. Nottingham Park Improvements 21016 Nottingham Park Zone C Improvements - Playground 872,266 329,386 422,230 20,000 20,000 771,616 - - - - - 21022 Eagle River Whitewater Park Repair 221,390 6,720 24,670 190,000 230,000 261,390 20,000 - - - - 21024 Nottingham Park Light Upgrade 311,505 110,905 10,600 190,000 190,000 311,505 - - - - - 21027 O'Neil Spur Park Improvements Design 20,000 - - 20,000 20,000 20,000 - - - - - New O'Neil Spur Park Parkiing Lot Rebuild 100,000 - - - - - - 100,000 - - - 21051 Nottingham Park Fitness Court 210,221 - 145,850 64,371 64,371 210,221 - - - - - 21052 Beach Bathroom Vaults 50,000 - - - - 50,000 - - - - 21053 Resurface Pickleball Courts 50,000 - - - - 50,000 - - - - New Nottingham Park Beach/North Public Restrooms 500,000 New West Nottingham Park Landscape Improvements 55,000 - - - - - 55,000 - - - - New Soccer Field Repair, Remove Baseball Infield and Fencing 25,000 - - - - - 25,000 - - - - New Replace Retaining/Seating Wall Along Main Soccer Field 150,000 - - - - - 150,000 - - - - New Finish Patio Landscaping w Old Town Hall Demolition 100,000 - - - - - 100,000 - - - - Projected CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total 2017 and Current Revised Project Cost Proposed Project Prior Yr.Actual Budget Budget To-Date Budget CAPITAL IMPROVEMENT PROJECTS Budget Actuals 2018 2019 2019 2019 2020 2021 2022 2023 2024 Projected 21054 Wildland Fire Mitigation NA - - 40,000 40,000 NA - - - - - Roads and Streets: Streetscape Improvements: 31023 Metcalf Road - Retaining Wall Stabilization 80,000 - - - - - - - 80,000 - - 31024 Roundabout #4 Landscaping 50,000 - - - - - 50,000 - - - - 31028 Post Blvd. Irrigation Wet Well 45,000 - - - - - - - - - - 31029 Wayfinding Signage 84,145 34,642 8,549 40,954 40,954 84,145 - - - - - 31030 Outdoor Public Music Instruments 30,000 - - 30,000 - - 30,000 - - - - 31031 Avon Rd./I70 Overpass Aesthetics Improvements 1,048,245 - 8,245 50,000 50,000 58,245 - - - 90,000 900,000 New Finish Street Light LED Upgrades (160)120,000 - - - - - 120,000 - - - - Annual Street Maintenance and Repair: 32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.50,000 - - 50,000 50,000 50,000 - - - - - 32027 East BC Repair 59,579 59,579 - - 59,579 - - - - - 33102 2018 Microsurface Project 250,000 - 205,229 - - 205,229 - - - - - 33219 Annual Guard Rail Repair NA - - 40,000 40,000 NA 40,000 40,000 40,000 40,000 40,000 34034 Nottingham Rd. Paving 1,097,500 664,044 304,437 - - 968,481 - - - - - 33103 Eaglebend Resurfacing 300,000 - - 300,000 - - 300,000 - - - - 32028 Yoder Ave. Asphalt Overlay 550,000 - - - - - 550,000 - - - - New Mikaela Way and Benchmark Rd.550,000 - - - - - - 550,000 - - - New Buck Creek Repairs 100,000 - - - - - 100,000 - - - New WB B/C Blvd - US Hwy 6 to Avon Elem.515,000 - - - - - - - 515,000 - - New West Beaver Creek Beach/North Access Parking 350,000 35,000 315,000 New Riverfront and Lake Street 450,000 - - - - - - - - 450,000 - New Post Blvd.1,400,000 - - - - - - - - - 1,400,000 Street Improvements: 32021 West B/C Blvd. RR Crossing Improvements 231,621 9,831 21,790 200,000 200,000 231,621 - - - - - Multi-Modal/Alternative Mobility: 34033 East and West B/C Blvd. Street Rebuild 4,025,943 198,943 2,314,992 1,512,008 1,512,008 4,025,943 - - - - - New West Beaver Creek Blvd On-Street Parking/Walk Lance 250,000 New US Hwy 6 Crosswalks 80,000 - - - - - - 80,000 - - - Recreational Trails Program: 34030 Trail Improvements 73,600 2,600 - 71,000 71,000 73,600 - - - - - 34035 USFS Road 779 (Metcalf) Trailhead Improvements 100,000 - - - - - 100,000 - - - - New Nottingham Park Path Replacement - 1,000 ft 5,820,000 - - - - - - - - 520,000 - 34037 Riverfront Trail Connector 250,000 - 10,697 209,303 239,303 250,000 - - - - - Water Fund Projects: 21026 Nottingham Rd. Debris Flow Study and Improvements 425,000 24,618 16,723 383,659 383,659 425,000 - - - - - 21028 East Stormwater Quality Vault 231,000 - - 21,000 21,000 21,000 210,000 - - - - New West Stormwater Quality Vault 253,000 - - - - - 23,000 230,000 - - - Communications and Technology e-Gov.: 81011 Project Thor 125,000 - - 125,000 - - 116,873 - - - - New Fiber - CDOT Handhold to Public Safety Facility 80,000 - - - - - 80,000 - - - - New RR Bridge LED Messaging Boards 75,000 - - - - - 75,000 - - - - New LED Hi-Resolution Message Boards (3)75,000 - - - - - 75,000 - - - - New Mini-split Town Hall Data Center 20,000 - - - - - 20,000 - - - - New Finance ERP System 150,000 - - - - - - 150,000 - - - Total Capital Improvement Projects 39,525,686$ 8,098,168$ 8,449,771$ 5,200,995$ 5,040,995$ 21,508,934$ 4,199,873$ 3,480,000$ 925,000$ 1,140,000$ 2,680,000$ Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption September 4, 2019 Page 1 of 4 TOWN MANAGER REPORT TO: Honorable Mayor Smith Hymes and Town Council FROM: Eric Heil, Town Manager RE: Ordinance No. 19-05 Primary Residence RETT Exemption DATE: September 4, 2019 SUMMARY: Ordinance No. 19-05 is presented to Council for consideration and review on second reading. Council provided drafting direct upon approval at first reading to make the following revisions: (1) set the primary residence exemption at $400,000, (2) revise the definition of “Eagle County Employee” to include persons who reside in Eagle County but derive income elsewhere, (3) revise the definition of “Primary Residence” to state that the primary resident may short-term rental of portions of the residence or individual bedrooms provided that such person continues to occupy the residence as a primary residence, and (4) do not establish any maximum amount of the consideration for a residence to qualify for the increased exemption. Any increase in the exemption for primary residences will reduce revenues for the Capital Improvements Plan. A draft Capital Improvements Plan is scheduled for presentation to Council at the September 10, 2019 Council meeting. The increase of the existing $160,000 exemption to the $400,000 exemption is expected to decrease the RETT revenues (and corresponding Capital Improvements Project revenues) by $312,000 per year. RECOMMENDATION: Due to Council’s direction to broaden the definition of “Eagle County Employee,” the identified complexities and ramifications of creating a third increased exemption, and the unknown long- term consequences of reducing revenues for the Capital Improvements Fund, I suggest that Council consider a different approach whereby the increased amount of the exemption is more modest and the definitions and qualifications are consolidated and simplified. Simplified Proposal: 1. Consolidate existing two exemptions and proposed third exemption into one exemption. 2. Increase primary residence exemption amount to $240,000 (increases exemption from $3,200 to $4,800). 3. Allow the exemption for both initial and subsequent purchases of a primary residence in Avon. 4. Remove the requirement and definition of Eagle County Employee. 5. Allow exemption for any residence purchase regardless of amount of the purchase price of the residence. Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption September 4, 2019 Page 2 of 4 6. Delete sentence which limits exemption only to the amount the Buyer pays (which then automatically grants Seller half the value of the exemption without special negotiations and additional terms in the standard Colorado real estate contract). The anticipated impact to the Capital Improvements Project fund of increasing the exemption to $240,000 would be a $104,000 decrease in average annual revenues. COMMUNITY INPUT: The revised ordinance was sent to four title companies this week. I have not received any feed back yet, but I hope to discuss with title companies prior to the Council meeting on Tuesday. REVISED BUYER’S ANALYSIS: I am working on a revised analysis of the impact to the Buyer based upon input from Councilor Scott Prince. I hope to have that to present by the Council meeting. From the prior report on July 9, 2019: BACKGROUND: Council adopted Avon’s first Community Housing Plan last December. Council previously expressed a desire to consider increasing the Real Estate Transfer Tax (RETT) exemption for primary residences. Draft language was presented in Ordinance No. 19-01 in early 2019; however, Council separated out the tax and fee waivers for Community Housing in Ordinance No. 19-01 and recently adopted that Ordinance. INCREASING PRIMARY RESIDENT RETT EXEMPTION: Increasing the RETT exempt for primary residents presented some transactional complications and questions about impacts and consequences to the Town’s budget. The proposed amendment to increase the primary residence exemption has been simplified by creating a separate independent exemption rather than building upon the two existing exemptions for primary residences. TABOR IMPLICATIONS: The Tax Payor Bill of Rights (TABOR) amended the Colorado Constitution in 1992 and prohibited any new or increased real estate transfer tax. Any increase of the primary residence exemption would become permanent and could not be repealed by Council at a later date. It is possible to draft an increased exemption for primary residences as a “temporary tax credit”; however, that would make the wording even more complicated and is not suggested. PRIMARY RESIDENCE RETT EXEMPTION: Several options and concepts are provided for Council’s consideration with regard to any change to the RETT exemption for purchasers of a primary residence. Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14, which provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon. Then Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption for primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption was only available to a person who met the definition of an “Eagle County Employee”. This change was intended to support working full-time residents who currently owned a primary residence in Avon but desired to purchase a larger residence to reflect residential needs and preferences during various life stages. The Town of Avon receives and approves approximately 65 RETT exemptions applications for primary residence. [2016 = 70; 2017 = 74; 2018 = 51]. The primary residence exemption is for the first $160,000 in Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption September 4, 2019 Page 3 of 4 consideration paid which translates into $3,200 in RETT relief for the buyer. On average, this exemption results in $208,000 in annual RETT revenues that is not received and is exempted for primary residence purchases. Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County Employee and Primary Residence as follows: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for income and tax purposes. Occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the applicant's application for exemption. IMPACTS TO RETT AND CAPITAL IMPROVEMENTS: The RETT generates between $2.5 million to $3.1 million in revenues per year depending upon the real estate market. The RETT revenues sometimes received an increase when new “for-sale” projects become available to the market. Existing debt service is approximately $1 million per year, leaving a conservative budget of $1.5 million per year for capital improvements. An increase in the primary residence RETT exemption from $160,000 to $320,000 can be expected to reduce RETT revenues by $208,000 per year. An increase from $160,000 to $480,000 can be expected to reduce RETT revenues by $416,000 per year. The consequence of increasing the primary residence exemption would be to require deferral or elimination of capital projects in the approximate amount of $200,000 to $442,000 (based on increasing exemption to $500,000 in consideration paid). An increase of the primary residence RETT exemption is expected to reduce the available Capital Improvements Budget by 14% to 29%. ADMINISTRATION: An increased exemption for primary residences would create a third category of exemption. RETT exemptions are already complicated; therefore, an additional increased exemption for primary residences would require the Town to provide additional instructions and would require submission of a closing statement that indicates the amount of the real estate transfer tax to be paid by the buyer. Options for Primary Residence RETT Exemption Changes: 1. Increase the $160,000 primary residence exemption in AMC Sections 3.12.060(15) and (16). This is a simple option that is very easy to adopt and administer. This exemption would be available to all Report re: Ordinance No. 19-05 Increasing Primary Residence Exemption September 4, 2019 Page 4 of 4 primary residence purchasers regardless of the sales price of the residence. If Council desires this option, then Ordinance No. 19-01 can be amended to simply amend AMC Sections 3.12.060(15) and (16) to increase the $160,000 exemption amount. 2. Increase the $160,000 primary residence exemption but limit eligibility for the additional exemption to residences that do not exceed a maximum affordable prices based on the Area Median Income for Eagle County (e.g. residences that do not exceed $640,000 to $960,000). 3. Increase the $160,000 primary residence exemption but limit eligibility for the additional exemption to persons who meet the definition of Eagle County Employee. 4. Increase the minimum timeframe to that the property must be used as a primary residence from the current minimum duration of one (1) year. Pros and Cons of Options: Options 1 and 2 would directly reduce the costs for buyer to purchase a residence in Avon as a primary residence. The buyer is required to pay the buyer’s portion of the RETT at closing in addition to the down payment and other closing costs. An increase in the primary residence exemption would directly reduce the buyer’s required cash at closing which would improve buyer’s ability to purchase a residence. An increase of the primary residence exemption from $160K to $320K would save a buyer a total of $6,400 at closing. An increase of the primary residence exemption from $160K to $480K would save a buyer a total $9,600 at closing. Option 2 proposes a limitation on an increased, additional primary residence RETT exemption to those more in need and would exclude purchases of residences greater than ($640,000 to $960,000) on the basis that the purchase of a residence in that price range does not warrant a public subsidy to promote full-time resident housing. Option 3 proposes that the increase in RETT exemption over $160,000 for primary residences is limited to Eagle County Employees. Combining Options 2 and 3 would target the exemption to benefit eagle county employees and within the price range where the greatest need is identified. RECOMMENDATION: I recommend continuation of consideration on second reading. I believe the proposed changes to the definition of Eagle County Employee, concerns and expectations expressed over the definition and meaning of “primary residence,” concerns and expectations regarding the level of administrative and enforcement, uncertainty on the interpretation and application of a third category of RETT exemption for primary residence and uncertainty regarding the specific goal for increasing the primary residence RETT exemption warrant additional analysis and consideration. Thank you, Eric ATTACHMENT: Ordinance 19-05 Ord. 19-05 September 10, 2019 SECOND READING Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE NO. 19-05 AMENDING CHAPTER 3.12 REAL PROPERTY TRANSFER TAX TO INCREASE THE PRIMARY RESIDENCE EXEMPTION WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Council adopted the Town of Avon Community Housing Plan on December 13, 2018, which included a policy to “formalize a fee waiver/reimbursement process” and which included an Appendix A: Avon Community Housing Plan – Work Plan that contemplated formalizing a Fee Waiver Program; and WHEREAS, the Avon Town Council finds that amendments to the Avon Municipal Code will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the 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. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment of Section 3.12.020 – Definitions. Section 3.12.020 of the Avon Municipal Code is hereby amended to repeal and re-enact the definition of Eagle County Employee Ord. 19-05 September 10, 2019 SECOND READING Page 2 of 4 and the definition of Primary Residences to read as follows: Eagle County Employee means a person whose primary residence at the time of purchase of the property subject to the tax imposed by this Section 3.12 is located within Eagle County and who 1) works an average of at least thirty (30) hours per week on an annual basis or 2) is a retired individual, sixty years (60) or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis. Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for income and tax purposes. For purposes of subsection (17)-(19), occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager's discretion and provided that such extension request is included with the applicant's application for exemption. A person who receives an exemption for purchase of property as a primary residence shall be permitted to short-term rent portions of the residence provided that such person continues to occupy the residence as a primary residence. Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon Municipal Code is hereby amended to enact a new Section 3.12.060(19) to read as follows: “3.12.060 (19) In the alternative to the exemption in sub-sections (17) and (18) of this Section 3.12.060, a qualified purchaser may exempt four hundred thousand dollars [$400,000.00] of the consideration paid for any sale or conveyance of real property and completed improvements for occupancy as a primary residence (including both the first purchase in Avon and subsequent purchases), provided the following conditions are met: a.An application for exemption is filed with the Finance Department, which application is accompanied by: 1.An affidavit that the applicant meets the definition of Eagle County employee; that the real property is being purchased for use as a primary residence and not for investment or resale (provided that a co-signor shall not disqualify the exemption for the applicant where the co-signor is signing for the sole purpose of facilitating the financing qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and 2.A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event the applicant shall fail Ord. 19-05 September 10, 2019 SECOND READING Page 3 of 4 to occupy and use the property as a primary residence within the timeframe established under the definition of primary residence found in Section 3.12.020 or shall cease to use the property as his or her primary residence within three (3) years after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record, provided that the tax due and the promissory note shall be released if the property is sold by the applicant after one (1) year; and 3.The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction.” Section 4. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Interpretation. This Ordinance shall be interpreted and applied to comply in all respects with Article X, Section 20, of the Colorado Constitution, in its application to any person or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax policy change that would require voter approval. Section 6. Non-Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid or held to be in conflict with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate this Ordinance in its entirety. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 7. 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 8. 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 9. 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 Ord. 19-05 September 10, 2019 SECOND READING Page 4 of 4 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 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on August 13, 2019 and setting such public hearing for September 10, 2019 at the Council Chambers of the Avon Town Hall, located at 100 Mikela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 10, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Page 1 of 6 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: David McWilliams, Town Planner Meeting Date: September 10, 2019 Topic: FIRST READING OF ORDINANCE 19-06 AMENDING SECTIONS 7.08, 7.20.080, AND TABLE 7.20-13 OF THE AVON MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING AS A USE BY RIGHT IN THE LIGHT INDUSTRIAL AND COMMERCIAL EMPLOYMENT DISTRICT ZONE DISTRICT ACTION BEFORE COUNCIL Before Council is action on First Reading of Ordinance 19- 06, amending Sections 7.08, 7.20.080, and Table 7.20-13 of the Avon Municipal Code to permit Community Housing as a use by right in the Light Industrial and Commercial Employment Zone District. RECOMMENDED MOTION “I move to approve first reading of Ordinance 19-06, thereby amending Sections 7.08, 7.20.080, and Table 7.20- 13 of the Avon Municipal Code to permit Community Housing as a use by right in the Light Industrial and Commercial Employment Zone District.” APPLICATION BACKGROUND Town Council tasked the Community Development department with initiating the Code Text Amendment (CTA) process to provide Community Housing* in the Light Industrial and Commercial Employment District (IC District). Since the last Public Hearing, Staff updated the proposed Ordinance to allow for Community Housing without going through the Special Review Use (SRU) Process. *Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitation and may include terms deemed appropriate in the Town’s discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. PROCESS Some months ago, Town Council initiated a CTA process whereby the provision of Community Housing was driven by the SRU and staff worked with the Planning and Zoning Page 2 of 6 Commission (PZC) in to prepare appropriate code language. After two (2) work sessions and two (2) public hearings, PZC voted unanimously to recommend denial of the SRU process for entertaining Community Housing projects (Attachment 1). During the August 27 Public Hearing, Town Council also voiced their discomfort with use of the SRU and subsequently directed staff to have the Ordinance presented without the SRU or any additional criteria. A modified purpose statement for the application reads as follows: To codify a process that allows quality Community Housing in the Light Industrial and Commercial Employment District. Staff feels that despite its length and potentially arbitrary outcomes, the SRU language helped foster on the most suitable locations. On the other hand, providing Community Housing has proved difficult and its potential placement within certain areas of the IC district is supported by staff. FINDINGS OF FACT AND RECORD OF DECISION In the two hearings, members of PZC voiced their strong disagreement with the SRU as the correct process to review housing projects in the IC district and recommended denial of the application to Town Council (Attachment 1). PZC has not viewed or acted upon the updated Ordinance. At the August 27, 2019 Town Council meeting the Town Attorney determined that the changes to the Ordinance did not require additional review by PZC, but a re-review of the changes is still available, should the Town Council decide to go in that direction. AREA BACKGROUND The IC zone district originated in 1974 as part of the Benchmark subdivision, before Avon was a town. Wildridge had yet to be conceived, so the district was isolated and at a dead-end. As Avon grew around it, the IC district developed and by 1999, all the current buildings had been completed. While the uses and businesses have come and gone, the district itself is best described as mature or fully developed, with few vacant lots remaining. Five (5) of the properties have Accessory Dwelling Units (ADUs) within them, for a total of 12 units. In various iterations of the municipal code, they seemed to be by-right; now they all are subject to the Special Review Use (SRU) process. Code allows up to four (4) ADUs per property, and two (2) properties are at that limit. In some senses this speaks to the amount of demand for commercial space and the inherent complexity of retrofitting existing buildings and combining the uses where various owners or tenants are already established. Staff is unaware of any covenants that prohibit housing in the area but would not be surprised if some properties had such provisions. Some of the properties were originally built with their unit(s), while others had commercial space retrofitted to allow for housing. One of the more recent buildings, the vet hospital, was planned and constructed with all four (4) units as the top floor of the project. Currently there are four (4) vacant lots within the zone district – three (3) are somewhat physically isolated from the heart of the district and all of them have constraints to construction. Staff reviewed the uses and created the table below to illustrate the existing conditions in the area. Staff does not guarantee the accuracy of any individual piece of the information in the table but presents it as a tableau of the area in general. Page 3 of 6 SUMMARY OF CHANGES The proposed Ordinance only addresses Community Housing as allowed by right in the IC district. The density allotment of 10 dwelling units per acre for standalone buildings or projects was derived from a survey of similarly situated residential projects on Nottingham and Metcalf Roads. There are no additional review criteria for which to administer the change in use; rather, projects would be reviewed architecturally by PZC, and deed restrictions would need to be approved by Town Council. ADUs are still allowed in the “Mixed Use” portion of the district under the SRU process because of the complexity involved with converting portions of existing light industrial land uses into housing. While the existing ADUs in the district were not required to provide evidence of deed restriction for local workers, the modified Ordinance would add this as condition precedent to future ADU applications. Water rights dedication would normally be confirmed with a change in use through rezoning, and the IC district only assumes a minimal water usage per meter as opposed to dwelling units per acre. This Ordinance permits a change in use that may require multiple meters and additional water rights. Language requiring the water rights are included as an additional condition of the Community Housing use in the district. CODE TEXT AMENDMENT REVIEW CRITERIA The review procedures for this application are governed by the Development Code. According to the AMC §7.16.040(c), Review Criteria, the Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon community; Address Lot Size (acres) Size of Buildings (sf)Floors Primary Use Has ADU Total number of DUs Proposed DU total 220 Metcalf 10 3.3 --Energy Facility No 33 451 Metcalf 11 0.96 6480 2 Commercial No 10 431 Metcalf 12 0.592 7734 2 Storage Yes 4 6 411 Metcalf 13 1.047 5150 1 Commercial No 10 371 Metcalf 14 / 15 2.82 55200 3 Commercial yes 2 28 311/331 Metcalf 16 / 17 3.276 19211 3 Commercial no 33 281 Metcalf 18 / 19 2.76 44586 3 Storage / Commercial no 28 111 Metcalf 20 / 21 2.04 --Vacant / Dog Run No 20 77 Metcalf 22 0.89 13882 3 Commercial No 9 810 Nottingham 23 0.574 12056 1 Commercial No 6 830 Nottingham 24 0.656 10335 1 Commercial No 7 850 Nottingham 25 1.409 41640 2 Storage Yes 1 14 910 / 930 Nottingham 26 - 28 2.29 65817 3 Storage / Commercial yes 1 23 950 Nottingham 29 1.454 13300 1 Commercial No 15 710 Nottingham 30 0.537 --Vacant No 5 730 Nottingham 31 0.576 14000 3 Vet Office Yes 4 6 780 Nottingham 32 / 33 0.997 14480 1 Commercial No 10 80 Metcalf 34 0.642 10000 2 Commercial No 6 90 Metcalf 35 0.536 7750 1 Storage / Commercial No 5 120 Metcalf 36 0.328 2746 2 Commercial No 3 140 Metcalf 37 0.763 14080 1 Storage / Commercial No 8 240 Metcalf 39 2.81 --Vacant (TOA Property)No 28 NA Tract Y 7.232 --Vacant No 72 Page 4 of 6 Staff Response: Staff’s initial proposal sought to respond to changed conditions while maintaining the general welfare of the Avon community by preserving the job base in the district. This application may achieve the same ends with less uncertainty in outcome for the development community. Staff feels that any uncertainty to the Town can be addressed during an individual application’s review process. All Community Housing projects would be reviewed by PZC through the Major Development Plan process, and deed restrictions for such projects would be reviewed by Town Council. (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: Goal B.5 in the Comprehensive Plan states: Encourage revitalization of existing light industrial and manufacturing uses. Policy B.5.1: Ensure infrastructure improvements include sidewalks, utilities, and controlled access from collector roads, like Nottingham Road. 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. The Community Housing Plan, as part of the Comprehensive Plan, states the following goals: • Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. • Focus on increasing deed restricted homeownership opportunities for households making equivalent of 140% or less of the Area Median Income - $430,000 for a household of three people in 2018. • Grow the inventory of homeownership and “missing middle” inventory, in place of additional rental housing stock, to create a more balanced portfolio with a long-term goal of 50% rental, 50% ownership. • Seek to add deed restricted units to the inventory in the short term. The application potentially allows redevelopment in any area of the IC district. (3) The text amendment promotes or implements the purposes stated in this Development Code; or Staff Response: Select purposes of the Development Code state: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; Page 5 of 6 Staff feels that these purposes are achieved by the application. (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: While different zone districts have allowances of mixed use, the IC zone district has stricter parameters limiting that mix than the others. For example, the Mixed-Use Commercial (MC) zone district allows for 100% commercial or 100% residential. Staff is not opposed to a more mixed-use future in this district. The original CTA took a narrow approach at increasing housing in this zone district to strike a balance between more Community Housing units and preservation of existing jobs. No housing is affordable without a living wage and removing a jobs base from Town may produce unintended results. STAFF RECOMMENDATION Despite concerns, staff recommends approval of the first reading of the Ordinance and to conduct the second reading during the September 24, 2019 Town Council meeting. FURTHER RECOMMENDATIONS Staff’s focus on the IC zone district for this CTA led to some interesting compliance issues and other overarching observations for how to make it align closer to its purpose statement (found updated in the Ordinance, Attachment 2). Review Zone district uses – Staff feels that to best achieve the current intent of the zone district, certain changes in use allowance or programmatic focuses may be appropriate: • Self-storage, while necessary for many in the modern world, does not produce a large jobs base or fit well into the purpose statement for the IC zone district. Staff recommends capping the number of self-storage operations (through zoning or business license restrictions) at three (3), the current number. • The following uses are not permitted in the IC district. Furniture store; plant nursery; office supply store; paint store. While staff has not heard much demand for these operations in the district, staff suggests that adding them to the SRU list might spur additional businesses to locate in town. Potential Programs - The IC zone district supports many year-round high paying jobs where a formal education is not required. Further supporting efforts in technology, micro industry (niche manufacturing), or a maker space may spur a more robust jobs base. Rezoning – The Town owns Lot 39, Block 1 Benchmark at Beaver Creek and it is zoned IC. Staff does not anticipate any potential development on the site and suggests that the property be rezoned to open space. Existing ADUs – Moving forward staff wishes to work with the property owners of the existing ADUs in the district to verify that they are being occupied by local workers in accordance with SRU approvals, and obtaining deed restrictions to ensure continued use as such. ATTACHMENTS 1. PZC Recommendation for SRU process 2. Ordinance 19-06 Page 6 of 6 LINKS Avon Comprehensive Plan https://www.avon.org/DocumentCenter/View/83/Comprehensive-Plan?bidId= Avon Community Housing Plan http://www.avonrec.org/DocumentCenter/View/18728/Avon-Housing-Plan Attachment 1 Ord 19-06 IC Zone District Revisions for Community Housing September 10, 2019 Page 1 of 5 TOWN OF AVON ORDINANCE 19-06 AMENDING SECTIONS 7.08, 7.20.080, AND TABLE 7.20-13 OF THE AVON MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING AS A USE BY RIGHT IN THE LIGHT INDUSTRIAL AND COMMERCIAL EMPLOYMENT DISTRICT ZONE DISTRICT RECITALS WHEREAS, the Avon Town Council (“Town Council”) initiated a code text amendment application (“Application”) to amend the text of the Avon Development Code (“ADC”) in accordance with ADC §7.16.040, Code Text Amendment; WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on July 2, 2019, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearings, PZC made the required findings to recommend approval to the Town Council; 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; WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the power to approve ordinances necessary and proper to provide for the safety, preserve the health, promote the comfort, and convenience of its inhabitants; WHEREAS, the Town Council held a public meeting on September 10, 2019 to consider the Application and first reading; WHEREAS, the Town Council held a Public Hearing on September 24, 2019 after posting notice as required by law, considered all comments, testimony, evidence, Planning and Zoning Commission recommendations, and staff reports prior to taking action on the Application; WHEREAS, the Town Council finds that changes to the Light Industrial and Commercial Employment District (IC District) provide a method of delivering more Community Housing to residents and workers in the Town; WHEREAS, the Application was reviewed with the criteria listed in ADC §7.16.040(c), Review Criteria, and are found to be in substantial compliance; WHEREAS, the Application promotes and implements the goals and policies of the Avon Comprehensive Plan, including, but not limited to, implementation of the Avon Community Housing Plan by providing additional housing development in the IC District; Attachment 2 Ord 19-06 IC Zone District Revisions for Community Housing September 10, 2019 Page 2 of 5 WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Home Rule Charter and the ADC 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 the proposed Application. 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. Amendment to Section 7.08 - Definitions. is hereby amended to read as follows with underline indicating language to be adopted: Community Housing means the definition of Community Housing as set forth in Avon Municipal Code Section 3.14.020. Section 3. Amendment to Section 7.28.080 - Mixed-use and commercial districts purpose statements. is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: (g) Light Industrial and Commercial (IC). This district is intended to provide for a variety of businesses, including warehouses, research and development firms, repair shops, wholesale distributors, light manufacturing and Community Housing. This district may include supporting office and commercial uses where appropriate. Uses permitted in this district are intended to serve community and regional needs. This district is intended to be located away from low and medium density residential development. The IC district implements the light industrial commercial and employment classification of the Avon Future Land Use Plan and should be located along an arterial roadway. Section 4. Amendment to Table 7.20-13 - Dimensions for the Light Industrial and Commercial Employment District. is hereby amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted: USE TYPE Min. Lot Size (acres or sq. ft.) Min. Lot Width (feet) Max. Lot Coverage (%) Min. Landscape Area (%) Min. Front Setback (feet) Min. Side Setback (feet) Min. Rear Setback (feet) Max. Building Height (feet) Max. Density Residential Mixed Use 21,780 sq. ft. 100 50 20 25 7.5 10 48 4 accessory units [1] Community Housing 21,780 sq. ft. 100 50 20 25 7.5 10 48 10 du/acre [2] [1] Accessory dwelling units are permitted as a special review use pursuant to Section 7.16.100. Attachment 2 Ord 19-06 IC Zone District Revisions for Community Housing September 10, 2019 Page 3 of 5 [2] Additional Water Rights Dedication. The dedication of additional water rights shall be required as a condition to approval of development which exceeds the meter size assigned to the property. The Town may accept cash-in-lieu of dedication in accordance with a water rights dedication impact fee schedule adopted by ordinance if the Town has adequate availability of surplus water rights as determined by the Town Council in its sole discretion. Section 5. Amendment to Section 7.24.040 - Table of allowed uses. is hereby amended to read as follows, with strike-out indicating language to be deleted and underline indicating language to be adopted: Use Category Use Type P - Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. Use- Specific Regulatio ns Residential Nonresidential R D R L R M R H RH -C NC MC TC SC P P F IC OLD Residential Uses Household Living Dwelling, Single- Family Detached P P S Dwelling, Two- Family/ Duplex P P P S Dwelling, Townhou se P P P P P P S Dwelling, Multi- Family P [1] P P P P P S [1] Limited to 8 units per Attachment 2 Ord 19-06 IC Zone District Revisions for Community Housing September 10, 2019 Page 4 of 5 building in RM Communit y Housing P P P P P P P P P P P P P P P P P P Dwelling, live/ work S S S S S S P S Accessor y DU S S S S S Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. 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 8. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 9. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town, 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. Attachment 2 Ord 19-06 IC Zone District Revisions for Community Housing September 10, 2019 Page 5 of 5 Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Section 11. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 10, 2019 and setting such public hearing for September 24, 2019 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 24, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Attachment 2 TOWN COUNCIL REPORT To: Honorable Mayor Smith Hymes and Avon Town Council From: Preston Neill, Deputy Town Manager Date: August 27, 2019 Topic: FIRST READING ORDINANCE 19-07, ENACTING CAMPAIGN FINANCE REGULATIONS ACTION BEFORE COUNCIL: Council is asked to take action on First Reading of Ordinance 19-07, Enacting Chapter 1.14 of Title 1 of the Avon Municipal Code Pertaining to Campaign Finance. PROPOSED MOTION: “I move to approve [with or without modifications] First Reading of Ordinance 19-07, Enacting Chapter 1.14 of Title 1 of the Avon Municipal Code Pertaining to Campaign Finance.” SUMMARY: There has been an ongoing, national debate on the role money plays in campaigns for elected office. Campaign finance laws, which are found on the federal, state, and local levels, have been developed in order to reduce the potential, real or perceived, for money to influence an elected official’s voting behavior. C.R.S 1-45-116 states that any home rule municipality may adopt ordinances or charter provisions with respect to its local elections that are more stringent than any of the provisions contained in the Fair Campaign Practices Act. Municipalities across the state of Colorado have adopted their own campaign finance regulations. Some of them, including the list of cities below, have enacted a limit on individual campaign contributions. The list below also includes each city’s respective contribution limit. • Aspen – $250 • Aurora – $100 • Boulder – $100 • Fort Collins – $100 for the office of mayor | $75 for the office of councilmember • Longmont – $100 Presently, there are no campaign contribution limits for municipal elections in the Town of Avon. A candidate for elected Town office may raise an unlimited amount of money from any one source. With 2020 Town Council campaigns not too far off, it is timely that the Town Council discuss, review and consider enacting legislation to reduce the role money plays in local Town Council campaigns. In its current form, the proposed Ordinance, if enacted, would: • Require all candidates for the office of Town Council to certify by affidavit that they are familiar with the provisions of the Chapter. • Require all candidate committees, political committees and issue committees to register with the Town Clerk before accepting or making any contributions. • Limit contributions and/or contributions in kind to the candidate committee of any candidate for the office of Town Council to $250 per person. • Require all candidate committees, political committees and issue committees to report to the Town Clerk their contributions and contributions in kind received that are $20.00 or more, expenditures made, and obligations entered into by the committee. • Prohibit contributions from any person who is not a citizen of the United States, or from a foreign government, corporation, labor union, or political party. • Establish regulations for unexpended campaign contributions. • Establish both civil and criminal penalties for violations of the Chapter. ATTACHMENT: Ordinance 19-07 Ord 19-07 FIRST READING – September 10, 2019 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 19-07 ADDING CHAPTER 1.14 OF TITLE 1 OF THE AVON MUNICIPAL CODE PERTAINING TO CAMPAIGN FINANCE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; WHEREAS, various efforts have been made to enact valid campaign financing and disclosure regulations and reforms at all levels of government; and WHEREAS, §1-45-116, C.R.S., of the Colorado Fair Campaign Practices Act, state, in pertinent part: “Any home rule county or municipality may adopt ordinances or charter provisions with respect to its local elections that are more stringent than any of the provisions contained in this act.” WHEREAS, the manner of electing Town officers and of financing political campaigns supporting or opposing candidates for Town office and ballot issues and ballot questions referred to or initiated by Town electors for a vote of the entire Town electorate, are matters affecting the organization and structure of Town government and are matters affecting the elective franchise and potential abuses of the elective franchise; and therefore are within the constitutional and statutory authority of Town electors and the governing board to regulate by duly adopted home rule charter or ordinance; and WHEREAS, as a result of its status as a home rule town, the Town of Avon has a tradition and culture acknowledging the value and importance of transparency and disclosure in the financing of campaigns in local elections; and WHEREAS, the Avon Town Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety and welfare. 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. Addition of Chapter 1.14 to Title 1 of the Avon Municipal Code. Chapter 1.14, “Campaign Finance” is added to Title 1, “General Provisions,” of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 1.14 to Title 1 of the Avon Municipal Code, attached hereto. Ord 19-07 FIRST READING – September 10, 2019 Page 2 of 3 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 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 final adoption 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 al l 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. Ord 19-07 FIRST READING – September 10, 2019 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 10, 2019 and setting such public hearing for September 24, 2019 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 24, 2019. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Page 1 of 9 EXHIBIT A: ADDITION OF CHAPTER 1.14 TO TITLE 1 OF THE AVON MUNICIPAL CODE CHAPTER 1.14 CAMPAIGN FINANCE Section 1.14.010 Legislative declaration. Section 1.14.020 Definitions. Section 1.14.030 Candidate affidavit; failure to file. Section 1.14.040 Registration of committees. Section 1.14.050 Campaign contributions. Section 1.14.060 Disclosure; filing of reports. Section 1.14.070 Reports to be public record. Section 1.14.080 Unexpended campaign contributions. Section 1.14.090 Independent expenditures. Section 1.14.100 Electioneering communications. Section 1.14.110 Duties of town clerk. Section 1.14.120 Violations and complaints Section 1.14.130 Criminal penalties. Section 1.14.140 Civil penalties. Section 1.14.150 Immunity from penalty Section 1.14.160 Severability. 1.14.010 LEGISLATIVE DECLARATION. The citizens of the Town of Avon hereby find and declare that large campaign contributions to candidates for public office allow wealthy contributors and special interest groups to exercise a disproportionate level of influence over the election process; that large campaign contributions create the potential for corruption and the appearance of corruption; that the rising costs of campaigning for public office prevent qualified citizens from running for public office; that the interests of the public are best served by full and timely disclosure of campaign contributions, strong enforcement of campaign laws, and limiting campaign contributions; and that the Town is a home rule municipality and this Chapter shall supersede any and all conflicting constitutional provisions, state statutes and rules promulgated thereunder by the Secretary of State and Fair Campaign Practices Act, 1-45-101, et seq., C.R.S., as now enacted or as it may from time to time be amended. 1.14.020 DEFINITIONS. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section: (a) Ballot issue, ballot question or issue shall mean any measure put to a vote of the registered electors of the Town by the Town Council at any election held under the provisions of the Town Charter. For purposes of this Chapter, ballot issue, ballot question or issue shall also mean any measure for which recall, initiative or referendum proceedings have been commenced. As used in this Section, commenced shall mean the date upon which the petition is first circulated for signatures. (b) Candidate shall mean any person who seeks nomination or election to the office of Town Council at any Town election. A person is a candidate if the person has publicly announced an intention to seek such election, has accepted Page 2 of 9 a contribution in any amount, or has filed a nominating petition for the office of Town Council. Candidate shall also mean any elected official who is the subject of recall proceedings pursuant to the Charter and this Chapter. (c) Candidate committee shall mean a person, including the candidate, or persons with the common purpose of receiving contributions and making expenditures under the authority of a candidate. A candidate shall have only one (1) candidate committee. A candidate committee shall be considered open and active until the committee has filed a termination report with the Town Clerk. (d) Committee shall mean, collectively, candidate committees, issues committees and political committees. (e) Contribution shall mean: (1) The payment, loan, pledge or advance of money, or guarantee of a loan, made to any candidate committee, issue committee or political committee; (2) Any payment made to a third party for the benefit of any candidate committee, issue committee or political committee; (3) Anything of value given, directly or indirectly, to a candidate committee for the purpose of promoting the candidate's nomination, retention, recall or election; or (4) With regard to a contribution for which the contributor receives compensation or consideration of less than equivalent value to such contribution, including, but not limited to, items of perishable or nonpermanent value, goods, supplies, services or participation in a campaign-related event, an amount equal to the value in excess of such compensation or consideration as determined by the candidate committee, issue committee or political committee. Contribution shall not include services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee or issue committee. (f) Contribution in kind shall mean the fair market value of a gift or loan of any item of real or personal property, other than money, made to or for any candidate committee, issue committee or political committee for the purpose of influencing the passage or defeat of any issue or the nomination, retention, election or defeat of any candidate. Personal services shall be considered a contribution in kind by the person paying compensation therefore, if any. In determining the value to be placed on contributions in kind, a reasonable estimate of fair market value shall be used. Contribution in kind shall not include an endorsement of a candidate or an issue by any person or uncompensated services and shall not include the payment of compensation for legal and accounting services rendered to a candidate, candidate committee, political committee or issue committee if the person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance with the provisions of this Chapter or other county state of federal requirements. (g) Electioneering communication means any communication broadcasted by television, internet, social media platforms or radio, printed in a newspaper or on a billboard, directly mailed, directly emailed or delivered by hand to personal residences or otherwise distributed that: (1) Unambiguously refers to any candidate; and (2) Is broadcasted, printed, mailed, delivered, or distributed 90 days prior to an election; and Page 3 of 9 (3) Is broadcasted to, printed in a newspaper distributed to, mailed to, emailed to, delivered by hand to, or otherwise distributed to an audience that includes members of the electorate for such public office. Electioneering communication does not include: (1) Any news articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by a candidate, issue committee or political party; (2) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate, issue committee or political party; and (3) Any communication by persons made in the regular course and scope of their business or any communication made by a membership organization solely to members of such organization and their families. (h) Expenditure shall mean the payment, distribution, loan or advance of any money by any candidate committee, political committee or issue committee. Expenditure shall also include the payment, distribution, loan or advance of any money by a person for the benefit of a candidate committee, political committee or issue committee that is made with the prior knowledge and consent of an agent of the committee. An expenditure occurs when the actual payment is made or when there is a contractual agreement and the amount is determined. (i) Independent expenditure shall mean the payment of money by any person for the purpose of advocating the election, defeat or recall of a candidate, which expenditure is not controlled by, or coordinated with, any candidate or any agent of such candidate. (j) Issue committee shall mean: (1) Two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of accepting contributions and making expenditures to support or oppose any ballot issue or ballot question; or (2) Any partnership, committee, association, corporation, labor organization or other organization or group of persons that has accepted contributions or made expenditures to support or oppose any ballot issue or ballot question. For purposes of this Paragraph (2), the term expenditure shall not include expenditures made by persons in the regular course and scope of their business or in connection with communications sent solely to their members. The term expenditure also does not include a contribution, as defined in this Chapter. Issue committee shall not include political committees or candidate committees as otherwise defined in this Section. (k) Person shall mean any individual, partnership, committee, association, issue committee, political committee or other organization or group of persons. Person shall not include corporations, labor unions or political parties. (l) Political committee shall mean two (2) or more persons who are elected, appointed or chosen, or have associated themselves, for the purpose of making contributions to candidate committees, issue committees or other political committees, or for the purpose of making independent expenditures. Political committee shall not include: (1) Issue committees or candidate committees as otherwise defined in this Section; or Page 4 of 9 (2) Any partnership, committee, association, corporation, labor organization or other organization or group of persons previously established for a primary purpose outside of the scope of this Chapter. (m) Termination report shall mean a final report prepared by a candidate committee or issue committee and filed with the Town Clerk that discloses the committee's contributions received, expenditures made and obligations entered into, when the committee no longer intends to receive contributions or make expenditures and a zero balance exists in any account established and maintained by the committee, and the committee has no outstanding debts or obligations. (n) Unexpended campaign contributions shall mean the balance of funds on hand in any candidate committee, issue committee or political committee following an election, less the amount of all unpaid monetary obligations incurred prior to the election. 1.14.030 CANDIDATE AFFIDAVIT; FAILURE TO FILE. a) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the Town Clerk within ten (10) days, that the candidate is familiar with the provisions of this Chapter. (b) Failure of any person to file the affidavit required under this Section shall result in the disqualification of such person as a candidate for the office being sought. Disqualification shall occur only after the Town Clerk has sent a notice to the person by certified mail, return receipt requested, addressed to the person's last known residence address. The notice shall state that the person will be disqualified as a candidate if the person fails to file the appropriate document within five (5) business days of receipt of the notice. (c) The requirements of this Section shall not apply to any elected official who is the subject of recall proceedings pursuant to Section 3.5 of the Charter. 1.14.040 REGISTRATION OF COMMITTEES. All candidate committees, political committees and issue committees shall register with the Town Clerk before accepting or making any contributions. Such registrations may be amended as necessary. Registration shall include a statement listing: (a) The committee's full name, spelling out any acronyms used therein; (b) A natural person authorized to act as a registered agent; (c) A street address and telephone number for the principal place of operations; and (d) All affiliated candidates and committees; (e) The purpose or nature of interest of the committee. 1.14.050 CAMPAIGN CONTRIBUTIONS. (a) Limits. No person may make contributions and/or contributions in kind totaling more than two hundred fifty dollars ($250.00) to the candidate committee of any candidate for the office of Town Council. No person shall make a contribution or contribution in kind in the name of another person or knowingly permit one's name to be used by another person to affect such a contribution or contribution in kind. These limitations shall apply to all contributions or contributions in kind, whether made directly to a candidate committee or indirectly via earmarked gifts passed through an intermediary, except that these limitations shall not apply to: (1) Contributions or contributions in kind made by a candidate to his or her own candidate committee; Page 5 of 9 (2) Independent expenditures; or (3) Monetary loans that are: (a) personally guaranteed in writing by the candidate or the candidate's immediate family, or (b) secured by real or personal property owned by the candidate or the candidate's immediate family. (b) Joint contributions. No person shall make a contribution jointly with another person unless: (i) the total amount of the joint contribution is less than the maximum amount that can be contributed by one (1) person under the contribution limits established in Subsection (a) of this Section or (ii) the check is signed by all owners of the account, in which event the amount of the total contribution shall be allocated equally among all such persons unless a different allocation is specified on the face of the check. No Committee shall knowingly accept a contribution made in violation of this Subsection (b). (c) Contributions in excess of limits. No later than ten (10) business days after receiving a contribution in excess of the limits set forth in this Section, the candidate committee that received the contribution shall remit the excess to the contributor. (d) Prohibited contributors. No candidate committee or political committee shall knowingly accept contributions from any person who is not a citizen of the United States, or from a foreign government, corporation, labor union, or political party. (e) Contributions from one (1) Committee to another. (1) No Committee shall make a contribution or contribution in kind to, or accept a contribution or contribution in kind from, a Committee of another candidate. (2) No Committee shall accept a contribution or contribution in kind from a Committee that was established or maintained for a federal, state or county election campaign or office. (f) Recordkeeping. All contributions received by a candidate committee, issue committee or political committee shall be deposited and maintained in a financial institution in a separate account whose title shall inc lude the name of the committee. All records pertaining to such accounts shall be maintained by the committee for ninety (90) days following any election in which the committee received contributions unless a complaint has been filed under Section 1.14.110 alleging a violation of the provisions of this Chapter, in which case they shall be maintained until final disposition of the complaint and any consequent court proceedings. Such records shall be subject to inspection at any hearing held pursuant to this Chapter. (g) Reimbursements prohibited. No person shall make a contribution to a candidate committee, issue committee or political committee with the expectation that some or all of the amounts of such contribution will be reimbursed by another person. No person shall be reimbursed for a contribution made to any candidate committee, issue committee or political committee, nor shall any person make such reimbursement. An unexpended campaign contribution returned to a contributor by a candidate committee pursuant to Section 1.14.080(a)(4) shall not be considered a reimbursement. 1.14.060 DISCLOSURE; FILING OF REPORTS. (a) All candidate committees, political committees and issue committees shall report to the Town Clerk their contributions and contributions in kind received, including the name, address, occupation and employer of each person who has made contributions or contributions in kind in the amount equal to or greater than twenty dollars ($20.00) or more; expenditures made; and obligations entered into by the committee. Page 6 of 9 (b) For purposes of complying with the requirements of this Section, an issue committee consisting of an organization whose primary purpose is not to support or oppose ballot issues shall report only those contributions accepted, expenditures made and obligations entered into for the purpose of supporting or opposing a ballot issue or ballot question. Such issue committee shall not be required to report donations, membership dues or any other payments received unless such amounts are used or to be used for the purpose of supporting or opposing a ballot issue or ballot question. (c) Reports shall be filed with the Town Clerk on the twenty-first day, fourteenth day, and on the Friday before the election, thirty (30) days after the election, and annually on the first day of the month in which the anniversary of the election occurs until such time as a termination report is filed. If the reporting day falls on a weekend or legal holiday, the report shall be filed by the close of the next business day. (d) The reports required by this Section shall include the balance of funds at the beginning of the reporting period, the total of contributions received, the total of expenditures made during the reporting period and the name and address of the financial institution used by the committee or party. (e) All reports shall be submitted on forms provided by the Town Clerk and shall be complete in all respects. Reports shall be current in all respects as of two (2) days prior to the date upon which each such report is to be filed. (f) A report required to be filed by this Section is timely if the original report is received by the Town Clerk not later than the close of business on the due date or if a copy of the report is filed by fax on or before the date due and the original report is filed not later than the close of business on the next business day. For the purpose of this provision, the original report shall mean a copy containing an original signature of the person completing the report. (g) Any report that is deemed by the Town Clerk to be incomplete or inconsistent with the requirements of this Section shall be accepted on a conditional basis, and the committee treasurer shall be notified in writing as to any deficiencies found. Such notice may be delivered in person, by mail, or by electronic mail. The committee treasurer shall have seven (7) business days from the date of delivery of such notice to file an amended report that cures the deficiencies. Any such amended report shall supersede the original report filed for the reporting period. (h) Any candidate committee, political committee or issue committee which has not accepted any contributions or contributions in kind, made any expenditures, or entered into any obligations during a reporting period, shall file a report with the Town Clerk on the days specified in Subparagraph (c) above certifying that the committee has not accepted any contributions or contributions in kind, made any expenditures or entered into any obligations during the relevant reporting period. 1.14.070 REPORTS TO BE PUBLIC RECORD. (a) Upon receipt of any campaign report submitted pursuant to this Chapter, the Town Clerk shall make available such report for public inspection. The campaign report filed with the Town Clerk fourteen (14) days prior to the election pursuant to Section 1.14.060 above shall be posted by the Town Clerk on the town’s official website in a manner that makes it easily identifiable, which posting shall occur no less than seven (7) days prior to the election. The campaign report filed with the Town Clerk thirty (30) days after the election pursuant to Section 1.14.060 above shall also be posted on the town’s official website by the Town Clerk, which publication shall occur no more than seven (7) days after the Town Clerk's receipt of the report. (b) No information contained in any campaign report submitted pursuant to this Chapter shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose. 1.14.080 UNEXPENDED CAMPAIGN CONTRIBUTIONS. (a) Unexpended campaign contributions to a candidate committee may be: Page 7 of 9 (1) Contributed to a candidate committee established by the same candidate for a subsequent campaign for the same office, subject to the limitations set forth in Section 1.14.050(e), if the candidate committee making such a contribution is affirmatively closed by the candidate no later than ten (10) days after the date such a contribution is made; (2) Donated to a charitable organization recognized by the Internal Revenue Service; or (3) Returned to the contributors. In no event shall contributions to a candidate committee be used for personal purposes not reasonably related to supporting the election or retention of the candidate. (b) A candidate committee for a former officeholder or a person not elected to office shall expend all of the unexpended campaign contributions retained by such candidate committee, for the purposes specified in Subsection (a) of this Section, no later than one (1) year from the date such officeholder's term expired or from the date of the election at which such person was a candidate for office, whichever is later. (c) Unexpended contributions to an issue committee or political committee may be donated to any charitable organization recognized by the Internal Revenue Service or returned to the contributor. 1.14.090 INDEPENDENT EXPENDITURES. Any person or political committee making independent expenditures totaling more than one hundred dollars ($100.00) shall deliver notice in writing of such independent expenditures to the Town Clerk no later than three (3) business days after the day that such funds are obligated. Said notice shall include the following information: (a) The name, address, telephone number, occupation and employer of the person making the independent expenditures; (b) The name of the candidate(s) whom the independent expenditures are intended to support or oppose; (c) The name and address of the vendor(s) providing the property, materials or services; (d) A detailed description of the independent expenditures; (e) The amount of the independent expenditures; and (f) The date the funds were obligated. For the purposes of this provision, funds shall be considered to have been obligated as soon as an agreement is reached for the provision of the property, materials or services in question, regardless of when payment is to be made for such property or services. 1.14.100 ELECTIONEERING COMMUNICATIONS. Any person or Committee who expends one hundred dollars ($100) or more per calendar year on electioneering communications shall state in the communication the name of the person or Committee making the communication. 1.14.110 DUTIES OF TOWN CLERK. The Town Clerk shall: Page 8 of 9 (a) Prepare forms and instructions to assist candidates and the public in complying with the reporting requirements of this Chapter; (b) Develop a filing and indexing system consistent with the purposes of this Chapter; (c) Keep a copy of any report or statement required to be filed by this Chapter for a period of one year from the date of filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one (1) year after the candidate leaves office; (d) Make reports and statements filed under this Chapter available for public inspection and copying no later than the end of the next business day after the date of filing; (e) Upon request by the Secretary of State, transmit records and statements filed under this Chapter to the Secretary of State; (f) Notify any person who has failed to fully comply with the provisions of this Chapter; and (g) Report apparent violations of this Chapter to the Town Manager. 1.14.120 VIOLATIONS AND COMPLAINTS (a) Any qualified elector may file a written complaint with the Town Clerk regarding a possible violation of this Chapter. The complaint shall include: (1) The name, address and signature of the complainant; (2) The name and address of each person alleged to have committed a violation; and (3) The details of the violation with citations to the Chapter. (b) If the Town Clerk receives a written complaint pursuant to Subsection (c), below, alleging a violation of this Article, the Town Clerk shall: (1) Provide the person believed to have committed the violation with a copy of the written complaint. (2) Allow ten (10) business days for correction of the violation or submission of written statements explaining the reason that support a conclusion that a violation was not committed. (3) If the Town Clerk receives a written complaint that is not corrected or otherwise remedied as provided in Section 1.14.110(b)(2) herein, the Town Clerk shall refer the matter to the Town Attorney to review whether, under the circumstances and in accordance with this Chapter, a complaint in the Municipal Court should be filed with regard to the alleged violation. (c) Within ten (10) days of receipt of a complaint referred by the Town Clerk, the Town Attorney shall respond within ten (10) indicating whether he or she intends to file a civil or criminal action. If the Town Attorney indicates in the affirmative and files suit within thirty (30) days thereafter, no other action may be brought unless the action brought by the Town Attorney is dismissed without prejudice. (d) In the event any person residing within the Town shall bring a civil action for injunction or to otherwise enforce this Chapter and such person shall prevail in such action, then he or she shall be awarded a reasonable attorney's fee and costs of the action to be paid by the defendant. Page 9 of 9 1.14.130 CRIMINAL PENALTIES. (a) Any person who knowingly violates any provision of this Chapter is guilty of a misdemeanor and shall be punished by a fine not exceeding three hundred dollars ($300.00) or imprisonment for a period of not more than ninety (90) days or both such fine and imprisonment. (b) Any candidate who knowingly violates any provision of this Chapter shall, in addition to any other penalties provided for herein, be denied his or her right to take oath for the office to which he or she was elected unless he or she has already taken said oath, in which event, the office shall be deemed vacant and shall be filled as otherwise provided by law. 1.14.140 CIVIL PENALTIES. (a) Any person who violates any of the reporting provisions of this Chapter shall be liable in any civil action initiated by the Town Attorney or by a person residing within the Town for an amount not more than the amount or value not properly reported. (b) Notwithstanding the provisions of Subsection 1.14.130(a), any person who makes or receives a contribution or expenditure in violation of this Chapter is liable in a civil action initiated by the Town Attorney or by a person residing within the Town for an amount up to five hundred dollars ($500.00) or three (3) times the amount of the unlawful contribution or expenditure, whichever is greater. (c) In determining the amount of liability under Subsections 1.14.130(a) and (b), the Court may take into account the seriousness of the violation and the culpability of the defendants. If a judgment is entered against a defendant or defendants in an action under the sections noted above, the plaintiffs, other than the Town, shall receive fifty percent (50%) of the amount recovered. The remaining fifty percent (50%) shall be deposited in the treasury of the Town. In an action initiated by the Town Attorney, the entire amount record all be paid into the treasury of the Town. 1.14.150 IMMUNITY FROM PENALTY. (a) Any individual volunteering his or her time on behalf of a candidate or issue committee shall be immune from any liability for a penalty imposed if: (1) The volunteer was acting in good faith and within the scope of such volunteer's functions and duties for the candidate or issue committee; and (2) The violation was not caused by willful and intentional misconduct by such volunteer. 1.14.160 SEVERABILITY. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Engagement of Karp New Hanlon DATE: September 6, 2019 SUMMARY: Attached for Council’s review is an engagement letter from Karp New Hanlon for the limited purposes of providing legal review of a pending East West Partners application to amend the Riverfront PUD for Lot 1 and to request extending vested property rights. Paul Wisor, with Garfield and Hecht, has a conflict of interest through his firm which is performing legal review related to potential development and real estate transactions associated with this project. Avon Council interviewed Karp New Hanlon as part of the Town Attorney recruitment process and found Karp New Hanlon to be professional and experienced in municipal matters. Per the Avon Home Rule Charter, Council is required to approve any legal representation of the Town of Avon. Legal engagement is limited to review of this pending development application. RECOMMENDATION: I am confident that Michael Sawyer with Karp New Hanlon can provide professional and timely professional legal review of the pending development application and recommend approval of the attached engagement letter. PROPOSED MOTION: “I move to approve the Engagement Agreement with Karp New Hanlon for the limited purpose of providing legal review of the pending East West Partners development application concerning the Riverfront PUD.” Thank you, Eric KARP NEU HANLON, P.C. 2019 HOURLY RATE CHART POSITION NAME INITIALS HOURLY RATE Partner Sander N. Karp SNK $300.00 Partner James S. Neu JSN $235.00 Partner Karl J. Hanlon KJH $235.00 Partner Michael J. Sawyer MJS $235.00 Partner James F. Fosnaught JFF $235.00 Partner Jeffrey J. Conklin JJC $235.00 Of Counsel Anna S. Itenberg ASI $235.00 Associate Matthew L. Trinidad MLT $235.00 Associate Aaron T. Berne ATB $190.00 Associate Wilton E. Anderson WEA $235.00 Associate Shoshana Rosenthal SR $190.00 Associate Johna M. Varty JMV $190.00 Associate Richard Peterson-Cremer RJP $190.00 Paralegals Paralegals $140.00 - $125.00 Legal Assistants Legal Assistants $115.00 EXPENSES RATE Mileage current IRS rate as it may be amended throughout the year $0.58 per mile (current IRS rate) Photo Copies $0.25 per copy Facsimile Transmissions $1.00 per page Color Photo Copies $1.25 per copy Computer Research outside of the Firm’s Lexis Nexis Libraries Actual cost of access time accumulated OTHER EXPENSES ARE BILLED AT ACTUAL COSTS The above rates are subject to change annually. All Accounts Due in 30 days. Overdue Accounts will be Assessed 1.5% per month (18% A.P.R.) In the event an action is required to collect payment, client agrees to pay reasonable attorneys' fees and costs of collection. A3 AVON REGULAR MEETING MINUTES TUESDAY, AUGUST 27, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 1. C ALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 5:07 p.m. A roll call was taken, and Council members present were Amy Phillips, Jennie Fancher, Scott Prince, Tamra Underwood, Chico Thuon, and Jake Wolf. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly , Recreation Director John Curutchet and Deputy Town Manager Preston Neill. 2. APPROVAL OF A GENDA Audio start time: 12:05 Town Manager Eric Heil requested that the 2020 Town of Avon Community Grant Program Update Written Report be removed from Written Reports to become a discussion item. Mayor Pro Tem Phillips moved to approve the agenda with the requested change. Councilor Fancher seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF I NTEREST RELATED TO AGENDA ITEMS Audio s tart time: 12:42 Town Attorney Paul Wisor stated that conflict of interest waivers for Councilor Fancher, Councilor Thuon, and Mayor Pro Tem Phillips related to the Development Agreement with Colorado World Resorts, LLC, that were approved at the August 13, 2019 Council meeting would carry over to this meeting. Councilor Prince requested recusal from the Colorado World Resorts Development Agreement item. He characterized his situation as unique as his employer has requested that he recuse himself from any item if there is any appearance of impropriety, even in the case of an approved conflict of interest waiver by Council. Councilor Fancher moved to accept Councilor Prince's recusal from the Colorado World Resorts Development Agreement item. Councilor Underwood seconded the motion and the motion passed unanimously. 4. PUBLIC COMMENT Audio start time: 17:50 Matt Scherr, Eagle County Commissioner, introduced himself and announced that earlier in the day, the Eagle County Commissioners passed two resolutions, one increasing the legal purchasing age for tobacco products to 21 and enacting tobacco licensing regulations, and the other referring a ballot issue to Eagle County voters asking about imposing a $4 tax on cigarettes and a 40% tax on all other tobacco product s. 5. BUSINESS ITEMS 5.1. PRESENTATION : EAGLE VALLEY BEHAVIORAL HEALTH (CHRIS LINDLEY, EAGLE VALLEY BEHAVIORAL HEALTH) Audio start time: 31:00 Chris Lindley, Executive Director of Eagle Valley Behavioral Health, gave a presentation on the steps that have been taken and the collaborations that have been established recently to address the behavioral health crisis in Eagle County. 5.2. P RESENTATION: VAIL SEGWAY AND P ARK C ABIN Audio start time: 1:09:00 Seth Valentine from Vail Segway Tours presented a proposal to conduct Segway tours on Avon recreation trails. The consensus among Council members was to have the town manager proceed with entering into a License Agreement with Vail Segway Tours, for the town manager to work with Seth on determining a safe and appropriate route for the tours, and for the trial period to take place next summer (summer 2020). At the end of next summer, Council will review the outcomes of the trial period and determine how to proceed. AVON REGULAR MEETING MINUTES TUESDAY, AUGUST 27, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 5.3. APPROVAL OF CONDITIONAL BILL OF SALE, AVON LANDING, VILLAGE AT AVON (TOWN ATTORNEY PAUL WISOR AND TOWN ENGINEER JUSTIN HILDRETH ) Audio start time: 1:39:40 Mayor Smith Hymes invited the public to comment and no comments were made. Councilor Underwood mov ed to approve the Conditional Bill of Sale, Avon Landing, Village at Avon. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.4. APPROVAL OF DEVELOPMENT AGREEMENT WITH COLORADO WORLD RESORTS, LLC (PLANNING DIRECTOR MATT PIELSTICKER) Audio start time: 1:45:35 Mayor Smith Hymes invited the public to comment and no comments were made. Councilor Underwood moved to approve Development Agreement with Colorado World Resorts, LLC. Mayor Pro Tem Phillips seconded the motion and th e motion passed on a vote of 6 to 0. Councilor Prince recused himself from the item. 5.5. APPROVAL OF LETTER REGARDING VILLAGE (AT AVON) WATER TANK CONSTRUCTION AND DEFERRING COMMUNITY P ARK CONSTRUCTION (TOWN MANAGER ERIC HEIL) Audio start time: 1:50:00 Councilor Fancher moved to approve the letter to Traer Creek agreeing to defer the requirement to construct 50% of the community park on Planning Area P3, with the amendments provided in the updated letter that was handed out to Council members. Councilor Prince seconded the motion and the motion passed unanimously. 5.6. APPROVAL OF WATER TAP RATE INCREASES FOR THE UPPER EAGLE REGIONAL WATER AUTHORITY (TOWN MANAGER ERIC HEIL) Audio start time: 1:55:30 Jason Cowles with the Upper Eagle Regional Water Authority spoke about the proposed Water System Impact Fee increase. Mayor Smith Hymes invited the public to comment and no comments were made. Patrick Skanlan asked a question about when the impact fee increase would take effect and Jason Cowles responded that they would go into effect on September 1 , 2019. Councilor Underwood moved to direct Avon’s representative to the Upper Eagle River Water Authority to vote in favor of and/or consent to the Water System Impact Fee increase recommended in the June 27, 2019 memorandum from Jason Cowles. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.7. PUBLIC HEARING: AVON APPLICATION TO AMEND MUNICIPAL CODE TO PERMIT COMMUNITY HOUSING IN THE INDUSTRIAL COMMERCIAL ZONE DISTRICT BY SPECIAL REVIEW USE (PLANNING DIRECTOR MATT PIELSTICKER ) Audio start time: 2:06:22 Mayor Smith Hymes opened the public hearing. Ruth Borne commented. Consensus among members of Council was to provide direction to staff to draft an ordinance that would add Community Housing as a use by right in the IC Zone District instead of amending the Avon Municipal Code to permit Community Housing in the IC Zone District by Special Review Use. 5.8. FIRST READING ORDINANCE 19-05 INCREASING PRIMARY RESIDENCE RETT EXEMPTION (TOWN M ANAGER ERIC HEIL) Audio start time: 3:13:28 Consensus among Council members was to amend the definition of Eagle County Employee to allow for "gig" employees to be eligible for the primary residence exemption, to increase the primary AVON REGULAR MEETING MINUTES TUESDAY, AUGUST 27, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO residence exemption to $400,000, to make the period of primary res idence three years, to make all properties eligible (no cap on home price), and to allow for the short term rental of rooms as long as the residence is owner occupied. In addition, Council asked for residents whose properties are being conveyed between one year and three years of primary residence to be exempted from paying the exempted tax to the Town. Staff agreed to make the changes before the public hearing and second reading at the September 10, 2019 Council meeting. Staff agreed to make a concerted effort to make the public aware of the proposed changes to the primary residence exemption. Councilor Underwood moved to approve Ordinance 19 -05 and she described in detail the proposed changes to the ordinance. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 1. Councilor Prince voted no and Councilor Fancher was absent. Councilor Prince explained that he supports increasing the primary residence exemption, but he voted no because he opposes an unlimited cap on the property price. 5.9. FIRST READING ORDINANCE 19-07 ENACTING CAMPAIGN FINANCE REGULATIONS (DEPUTY T OWN MANAGER PRESTON NEILL) Audio start time: 4:40:48 Councilor Underwood moved to continue First Reading of Ordinance 19 -07 to the September 10, 2019 Council meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 6 to 0. Councilor Fancher was absent. 6.1. 2020 TOWN OF AVON COMMUNITY GRANT PROGRAM UPDATE (DEPUTY TOWN MANAGER PRESTON NEILL) Audio start time: 4:41:22 Town Manager Eric Heil asked if any members of Council would like to sit on this year's Ad Hoc Review Committee when the Committee reviews community grant applications. Councilor Wolf and Mayor Smith Hymes volunteered to participate. 5.10. APPROVAL OF MINUTES FROM AUGUST 13, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Audio start time: 4:42:00 Councilor Underwood provided a couple of edits to the minutes from the August 13, 2019 Council meeting. Mayor Pro Tem Phillips moved to approve the minutes with the edits provided by Councilor Underwood. Councilor Prince seconded the motion and the motion carried on a vote of 5 to 1. Councilor Wolf voted no and Councilor Fancher was absent. 6. WRITTEN R EPORTS 6.2. ABSTRACT AUGUST 20, 2019 PLANNING AND ZONING COMMISSION MEETINGS (PLANNING DIRECTOR MATT PIELSTICKER) 6.3. GIFT REPORTING – CIRCUS BELLA VIP RINGSIDE TICKETS AND DREAMS FLOAT SPA FLOTATION THERAPY SESSION (DEPUTY T OWN MANAGER PRESTON NEILL) 6.4. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS) 7. MAYOR & COUNCIL C OMMENTS & MEETING UPDATES Audio start time: 4:43:10 Mayor Smith Hymes announced that the reclaimed materials from the Hahnewald Barn are going to be sold in the Avon Elementary School parking lot on Sunday, September 8th and Sunday, September 15th from 10:00 a.m. to 3:00 p.m. AVON REGULAR MEETING MINUTES TUESDAY, AUGUST 27, 2019 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO Councilor Thuon commended Chief Daly for his 10 years of service to the Town of Avon. Councilor Prince reiterated Commissioner Scherr's comments from earlier in the evening about the County's new tobacco regulations. Councilor Wolf plugged the August 28th Avon LIVE! Concert and talked about the success of the Colorado Classic. 8. A DJOURNMENT Audio start time: 4:46:47 There being no further business before Council, Mayor Smith Hymes adjourned the Regular meeting. The time was 9:48 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Preston Neill, Deputy Town Manager APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood WRITTEN REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Eva Wilson, Mobility Director Meeting Date: September 10, 2019 Topic: 2019 ELECTRIC VEHICLE READINESS WORK PLAN EXECUTIVE SUMMARY: With Avon Town Council adopting the Climate Action Plan for the Eagle County Community on Dec 2016, strong actions are needed to achieve greenhouse gas emission targets of 25% by 2025 and 80% by 2050. Electric vehicles (EVs) support Avon’s air quality, climate, transportation, and sustainability goals. Colorado is one of the leading states in the country for availability of EV-related incentives: The 2025 goal of 25% reduction in vehicle emissions from the 2014 Eagle County baseline for vehicles equates to a reduction of 94,500 metric tons of CO2e. With U.S. EPA estimating a typical passenger vehicle emitting about 4.6 metric tons of CO2 annually, then over 20,000 new EVs are needed in Eagle County to reach a 25% reduction. That’s a tall challenge considering there were a total of 15,866 electric vehicles on the road in Colorado in 2018. Extrapolating from a 2018 Edison Electric Institute study, to support 20,000 EVs, Eagle County will need to add 10,200 charge ports. With Avon having 12.5% of the County’s population, (6,500 residents of 52,000 residents) we can deduce charging needs for the Town of Avon at 1,275 ports with the majority as home chargers. Electric Vehicle Vision and Goals 1. Provide sufficient charging Stations for Avon Visitors. 2. Provide sufficient charging stations for Avon Fleet. 3. Land Use Regulations update for future commercial and multi-family residential development 4. Avon Electric Vehicle Advancement Program - Education/promotion to increase awareness and use of personal EVs - Encourage electric chargers in existing multi-unit housing o Leverage Energy offset fund: 50/50 contribution - Coordinate and cooperate with regional and private agencies The Town will also assess all vehicle replacement for EV options with the criteria based on the lowest life cycle cost of alternative fueled vehicles. With electric bus technology still emerging, Avon will continue to track transportation technologies and market developments. ATTACHMENTS: 1. 2019 ELECTRIC VEHICLE READINESS WORK PLAN 2019 Town of Avon 9/10/2019 Electric Vehicle Readiness Work Plan Town of Avon 2 Table of Contents Acronyms Executive Summary Introduction Background What will It take for Eagle County to reach CAP Goals? Town of Avon Appendix A. Electric Vehicles B. Electric Vehicle Charging Stations C. Charging Station Location Apps D. Proposed Avon EV Charging Locations E. Eagle County Electric Vehicle Charging Station Plan 3 Acronyms AFDC: Alternative Fuels Data Center BEV: Battery electric vehicle CAP: Climate Action Plan CDOT: Colorado Department of Transportation CEO: Colorado Energy Office DOE: U.S. Department of Energy DOT: U.S. Department of Transportation EV: Plug-in electric vehicle EVSE: Electric vehicle supply equipment FCEV: Fuel Cell Electric Vehicle FHWA: Federal Highway Administration GHG: Greenhouse gas GHE: Greenhouse gas emissions HEV: Hybrid electric vehicle ICE: Internal combustion engine LEV: Low-emission vehicle NREL: National Renewable Energy Laboratory PHEV: Plug-in hybrid electric vehicle VMT: Vehicle miles traveled ZEV: Zero-emission vehicle 4 Executive Summary With Avon Town Council adopting the Climate Action Plan for the Eagle County Community on Dec 2016, strong actions are needed to achieve greenhouse gas emission targets of 25% by 2025 and 80% by 2050. Electric vehicles (EVs) support Avon’s air quality, climate, transportation, and sustainability goals. Colorado is one of the leading states in the country for availability of EV-related incentives: The 2025 goal of 25% reduction in vehicle emissions from the 2014 Eagle County baseline for vehicles equates to a reduction of 94,500 metric tons of CO2e. With U.S. EPA estimating a typical passenger vehicle emitting about 4.6 metric tons of CO2 annually, then over 20,000 new EVs are needed in Eagle County to reach a 25% reduction. That’s a tall challenge considering there were a total of 15,866 electric vehicles on the road in Colorado in 2018. Extrapolating from a 2018 Edison Electric Institute study, to support 20,000 EVs, Eagle County will need to add 10,200 charge ports. With Avon having 12.5% of the County’s population, (6,500 residents of 52,000 residents) we can deduce charging needs for the Town of Avon at 1,275 ports with the majority as home chargers. Electric Vehicle Vision and Goals 1. Provide sufficient charging Stations for Avon Visitors. 2. Provide sufficient charging stations for Avon Fleet. 3. Land Use Regulations update for future commercial and multi-family residential development 4. Avon Electric Vehicle Advancement Program - Education/promotion to increase awareness and use of personal EVs - Encourage electric chargers in existing multi-unit housing o Leverage Energy offset fund: 50/50 contribution - Coordinate and cooperate with regional and private agencies The Town will also assess all vehicle replacement for EV options with the criteria based on the lowest life cycle cost of alternative fueled vehicles. With electric bus technology still emerging, Avon will continue to track transportation technologies and market developments. 5 Introduction On December 13, 2016, the Avon Town Council adopted the Climate Action Plan for the Eagle County Community. The plan helps guide greenhouse gas emission reductions into the future with a greenhouse gas emissions (GHGE) reduction target of 25% by 2025 and 80% by 2050. According to the 2014 Eagle County Energy Inventory, GHGE in the baseline year 2014 totaled 1.4 million metric tons of carbon dioxide equivalent (CO2e), with 60% of the emissions from commercial uses and residential buildings, 27% from vehicles, 10% from landfill, and 3% from the airport. In an effort to reduce emissions from Town facilities, the Council recently committed to 100% renewable electricity at all Town operations and facilities by participating in Holy Cross Energy’s Renewable Energy Purchase Program (REPP). Through the program, the Town will pay a premium for 100% wind energy. Pursuing reductions in GHE from internal combustion engine vehicles via electric vehicles (EVs) is one of many strategies to slow global warming and its negative impacts on our climate, air quality and the environment. To reduce emissions from transportation, Avon’s multimodal strategy targets walking, cycling, and public transit to reduce the need to drive personal vehicles. Where people continue to use personal vehicles in Avon, EVs use is preferred and supported. The Town will pursue EV service vehicles when possible and provide Town-wide initiatives to increase accessibility and use of EVs by providing public EV charging stations. Background Electric vehicles have been around for more than 100 years and are seeing a rise in popularity today for its tailpipe zero emissions and savings at the pump. Currently, more than 3 percent of new vehicle sales are electric vehicles and is projected to grow to nearly 7 percent (6.6 million vehicles/per year) worldwide by 2020. * Consumers have many choices when buying an EV, including hybrids, plug-in hybrids and all-electric. There are currently 23 plug-in electric vehicle and 36 hybrid models available. With the average driver driving less than 40 miles/day commuting, current Battery Electric Vehicles (BEVs) can readily support the average commuter with overnight charging at home. It is the “Range Anxiety” (fear of running out of power) that can erode the peace of mind. 6 Having a comprehensive network of public and private charging stations will provide EV owners the ability and confidence to drive longer distances and further encourage EV use. Colorado has a goal to get 940,000 EVs on the road by 2040 and offers a $5,000 tax credit towards purchases. Charging station costs can vary widely depending on where the infrastructure is installed. Installing charging stations in existing parking lots may require trenching and boring, which can drastically increase costs. Fast charging stations will most likely need electrical upgrades to provide the site with enough power. Typically, before incentives and installation costs, the price of Level 1 charging equipment can range from $300-$1,500. Level 2 equipment can range from $400-$6,500. Level 3, fast charger, infrastructure can range from $10,000-$40,000. Installation costs can also vary greatly depending on the number of EV chargers installed, indoor versus outdoor installation, and necessary electrical upgrades. Installation costs alone can range from $0-$51,000 per unit. It is good practice to anticipate growth by wiring charging locations for additional charging stations to lower future installation. In addition, placing pu blic charging stations in areas where drivers are parking for prolonged periods of time, such as shopping centers, movie theaters, or parking garages will enhance EV use and convenience. Benefits of EVs Electric vehicles support Avon’s air quality, climate, transportation, and sustainability goals: • The benefits of EVs include little or no tailpipe emissions Can use cleaner sources of electricity, such as solar, to charge. • The cost to charge an EV is approximately 50% less than the cost to fuel a conventional vehicle with gasoline. • Require very little maintenance; lower lifetime cost of ownership than conventional vehicles Additional Considerations EV Operations in Colorado have unique challenges: • Cold weather and mountainous terrain pose unique challenges • Extremely cold temperatures can reduce driving range • Charging in cold temperatures can increased charging times • Not impacted by altitude; does not require oxygen, Driving uphill requires more energy/battery power than driving on flat terrain, thus reducing range/charge • EVs use regenerative braking 7 National and State Electric Vehicle Efforts In 2016, the Federal Highway Administration (FHWA) established a national network of alternative fueling and charging infrastructure along national highway system corridors and designated I-70, I-25, and I-76 as corridor-ready. The designation does not guarantee funding for projects but may give I-70 and other Alternative Fuel Corridors priority for future funding. In addition, the $14.7 billion settlement between Volkswagen and the U.S. Environmental Protection Agency is infusing additional funds into the EV effort. From the settlement, $2.7 billion will be spent on programs that reduce nitrogen oxide (NOx) emissions, and $2 billion on programs that increase the use of zero-emission vehicle (ZEV) technology. Electrify America was formed to invest the $2 billion over the next 10 years in ZEV infrastructure, education, and outreach. In 2017, Colorado signed the Regional Electric Vehicle (REV) Memorandum of Understanding (MOU) with Arizona, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming. The States agreed to creating an Intermountain EV Corridor for a seamless EV drive across the Signatory States’ major corridors. Outcomes include creating best practices and procedures that will enhance EV adoption, creating minimum standards for EV charging, identifying and developing opportunities to incorporate EV charging infrastructure into planning and development processes, encouraging EV manufacturers to offer vehicles in the Signatory States, and collaborating on funding opportunities to support the plan. In addition, Colorado is one of the leading states in the country for availability of EV-related incentives: • Federal Tax credit of up to $7,000 for a light-duty EV • State Tax credit of $5,000 • $9,000 in grants for Level 2 charging stations • $30,000 in grants for DC fast charging infrastructure. In Aug 2018, there were 15,866 electric vehicles on the road in Colorado according to the Alliance of Automobile Manufacturers. While it is still a small fraction of the overall number of vehicles on the road, it is a 50 percent increase from the same time in 2017. Colorado’s share of the national market for electric vehicles is 3.5 percent, making it No. 12 in the nation. 8 In Dec 2018, the Colorado Energy Office announced a $10M grant to add 33 additional electric vehicles charging sites in Colorado. The sites will be placed along six major transportation corridors to encourage the sale of electric vehicles and extend travel options for drivers. On Jan 2018, the Colorado Department of Transportation (CDOT) and the Colorado Department of Public Health and Environment (CDPHE) released the Colorado EV Plan. The plan calls for the state to be a leader in the EV market and accelerate the adoption of EVs through a series of actions to support EV infrastructure along Colorado’s corridors. And finally, in early June 2019, Colorado announced it plans to move forward with plans to adopt California’s zero emission vehicle mandate versus voluntary efforts to boost electric vehicle sales. Emerging Technologies Hydrogen fuel cell vehicles (FCEVs) are zero emission vehicles that run on compressed hydrogen fed into a fuel cell "stack" that produces electricity to power the vehicle. FCEVs are fueled with pure hydrogen gas stored in a tank on the vehicle and can fuel in less than 5 minutes and have a driving range over 300 miles. What will It take for Eagle County to reach CAP Goals? A 25% reduction in vehicle emissions from the 2014 Eagle County baseline equates to a reduction of 94,500 metric tons of CO2e. U.S.EPA estimates a typical passenger vehicle emits about 4.6 metric tons of CO2/annually. Over 20,000 new EVs are needed in Eagle County to reach a 25% reduction. There are currently 800 EV/HEVs registered in Eagle County and according to Auto Alliance, about 7,000 EVs were sold in Colorado in 2018, less than 3% of the state’s new vehicle sales. Considering there are 61,271 total vehicles currently registered in Eagle County, a 25% emissions reduction by 2025 will be a tall challenge. The Nov 2018 Edison Electric Institute (EEI) EV sales forecast and charging infrastructure required by 2030 Study projects 9.6 Million charge ports will be needed to support 18.7 million EVs which represents about 7% of the expected 259 million vehicles on U.S. roads 9 Nov 2018 EEI: EV sales forecast and charging infrastructure required by 2030 Extrapolating from the study, to support 20,000 EVs, Eagle County will need add 10,200 charge ports. * 1% Public DC Fast Charging – 102 ports * 8% Public Level 2 Charging – 816 ports * 13% Workplace Level 2 Charing – 1,326 ports * 78% Home Level 2 Charging – 7,956 ports With Avon having 12.5% of the County’s population, (6,500 residents of 52,000 residents) we can deduce charging needs for the Town of Avon at 1,275 ports with the majority as home chargers. * 1% Public DC Fast Charging – 102 ports (Avon – 13 ports) * 8% Public Level 2 Charging – 816 ports (Avon – 102 ports) * 13% Workplace Level 2 Charing – 1,326 ports (Avon – 166 ports) * 78% Home Level 2 Charging – 7,956 ports (Avon – 995 ports) 10 Town of Avon Electric Vehicle Vision and Goals 1. Provide sufficient charging Stations for Avon Visitors. 2. Provide sufficient charging stations for Avon Fleet. 3. Land Use Regulations update for future commercial and multi-family residential development 4. Avon Electric Vehicle Advancement Program - Education/promotion to increase awareness and use of personal EVs - Encourage electric chargers in existing multi-unit housing o Leverage Energy offset fund: 50/50 contribution - Coordinate and cooperate with regional and private agencies EV Charging Station Planning Considerations • EV Charging Demand • Power supply • Ownership (Utility costs/billing, maintenance, parking compliance) • Dwell time (or the amount of time a vehicle is typically parked) • Multi-family developments • Access to reliable parking; Overall parking plans and long-range planning Avon Electric Vehicle Fleet Town will assess all vehicle replacement for EV options. Vehicle selections are be based on the lowest life cycle cost of alternative fueled vehicles. Avon Electric Bus Charging Station Electric bus technology is still emerging in the U.S. Range, weather and terrain continues to challenge the reliability and applicability of EV buses in mountainous communities. Additionally, an electric bus on average is twice the cost of diesel bus ($1M) with plug-in charging stations costing over $50,000. Today’s EV buses have an approximate range of 225 miles per charge, but topography and weather will degrade the actual performance. In 2019, ECO Transit received a grant for three electric buses that they plan to use on their US6 local service route between Edwards and Vail. Three charging stations will be installed in the Avon Mobility Center. It is estimated to be delivered in 2020. 11 Avon Transit will be submitting for a grant to purchase an electric bus estimated at $1M ($800K grant and $200K local match) in 2020. Avon will be able to utilize ECO Transit’s charging stations. Proposed Avon EV Charger Types, locations, and planning cost estimates Location Charger Type # of Ports Planning Cost Estimate Schedule 1 Public a Tract A: Pier 1 DCFC 4 $150,000 TBD b Nottingham Beach Level 2 4 $50,000 TBD c Elementary Sch Lot Level 2 4 $50,000 TBD d W. Benchmark Rd Level 2 4 $50,000 TBD e Lake Street/Old Town Hall Level 2 4 $50,000 TBD Subtotal $350,000 2 Public/Municipal a Town Hall Level 2 2 $20,000 2019 b Avon Rec Center Level 2 8 $100,000 TBD Subtotal $120,000 3 Municipal a Avon Mobility Ctr Level 2 8 $100,000 TBD b Avon Police Dept Level 2 4 $50,000 TBD Subtotal $150,000 Total $620,000 * Used recent project cost of $25,000/level 2 station with 2 ports * Used recent project cost of $75,000/DC Fast Charging station with 2 ports * Site locations shown in Appendix D 12 Appendix A Electric Vehicles Surprisingly, electric vehicles (EVs) first came around in the mid-19th century, but modern internal combustion engines have been the popular propulsion method for motor vehicles for almost 100 years. With the focus on climate change and technology developments, EV is seeing a resurgence. We now can select from a variety of vehicles using different fuel sources. Electric vehicles are expected to increase from 3% of global share in 2018 to 20-22% in 2030. One can find many options in both battery electric (BEV) and plug-in hybrid electric vehicles (PHEV or PEV) in the market. With Federal and State credits estimated below, the final costs of electric vehicles are becoming more within reach of many. 13 Not surprisingly, trucks and SUVs account for over 50% of U.S. car sales, but only 19% of the current EV models in the U.S. are SUVs. With the popularity of SUVs and pickups, the projected growth of electric SUVs and pickups is expected to grow and have significant impact on the market. Overall, IHS Market see full-size EVs accounting for 7.6% of U.S. vehicle sales in 2026 with U.S. electric SUV sales to grow to approx. 757,000 units, about 60% of total EV sales, by 2026. 14 Appendix B Electric Chargers Today, most vehicle battery recharging is done at home and overnight. That's when electricity is cheapest. For plug-in hybrids, many owners use the 120-volt charging cords. To overcome “Range Anxiety” (running out of power), charging at work and public sites (shopping, or at other destinations) is a must and growing in popularity. Charging stations are classified by their charge rates and the delivery power (alternating current (AC) or direct current (DC)). Charging times for each specific vehicle vary depending on the power electronics, state of charge, battery capacity, and level of charging station used. Level 1 or 120-volt: The "charging cord" that comes with every electric car has a conventional three-prong plug that goes into any properly grounded wall socket, with a connector for the car's charging port on the other end. Charging provides 120 volts of AC (1.9 kilowatts (kW)) which adds two to five miles of electric range per hour of charging time. This is the slowest type 15 of charging and is appropriate at home or workplace charging applications where EVs will be parked for long periods of time. Level 2, or 240-volt: Most dedicated home and public charging stations operate at 240 Volt s. Charging provides either 240 volts AC (typical for residential applications) or 208 volts AC (typical in commercial/industrial use) (19.2 kW) which adds 10 to 20 miles of electric range per hour of charging time. With the higher amperage, level 2 will be more than twice as fast as Level 1 charging. Generally, owners of battery-electric cars like the Nissan Leaf will require a Level 2 home charging station to provide overnight recharges. DC “DC fast chargers”: Fast Charging uses DC energy and a 480-volt AC input to provide extremely rapid recharges at heavily used public charging locations. DC fast charge stations can provide an 80 percent recharge in as little as 20 minutes. Charging Connectors The industry standard for AC Level 1 and AC Level 2 charging connectors is the Society of Automotive Engineers (SAE) J1772 connector, which allow owners of most EV models to utilize the same charging infrastructure (Tesla models have their own unique connector). 16 Unlike level 1 and 2 chargers, where every plug-in car in the U.S. uses the J-1772 socket (except Tesla – adaptor compatible), there are three different kinds of DC quick charging connectors. 1. CHAdeMO - Currently the most popular, (Nissan Leaf, Mitsubishi i-MiEV, and Kia Soul EV) 2. CCS (Combined Charging Standard) - U.S. (except Tesla) and German makers standard, (BMW, Chevrolet, Ford, Mercedes-Benz, Volkswagen, and Volvo) 3. Tesla Supercharger: private dedicated network of free, high-powered fast-charging stations that can only be used by Tesla owners. 17 Appendix C Charging Station Locations Having “Range Confidence”, the ability to find reliable and accessible charging stations, is key to curbing “Range Anxiety” and to encourage the use and growth of EVs. A robust charging network, quantity and locations of charging stations, is critical to EV success. In 2018, Colorado ranked seventh in the nation in the number of electric-vehicle charging stations (710 stations) with 650 stations open to the public. 18 19 There are many software applications to find charging stations. ChargePoint is one of the world’s largest charging station network application (53,000 stations) and is projecting a nearly 50-fold increase by 2025 (2.5 million charging stalls by 2025). ChargeHub is another popular charging station finder. Users can readily locate station type and status. 20 The U.S Department of Energy also provides a robust Alternative Fuels Finder. Fuel sources include Biodiesel, Compressed Natural Gas, Electric, Ethanol, Hydrogen, Liquified Natural Gas, and Propane. 21 Appendix D Proposed Avon EV Charging Locations 1. Public a. Tract A; Pier 1 b. Nottingham Beach 22 c. Elementary School Lot d. W. Benchmark Rd 23 e. Old Town Hall/Lake Street 2. Public/Municipal a. Town Hall 24 b. Avon Rec Center 3. Municipal a. Avon Mobility Center 25 b. Avon Police 26 Appendix E Eagle County Electric Vehicle Plan 1 EV Charging Stations at Eagle County Locations Sustainable Communities 050119 EV charging at Eagle County Locations: Eagle County provides charging stations for fleet EV’s, employee EVs, electric transit buses, and the general public. Page 1 provides background and describes the current state of charging infra- structure in Eagle County. Page 2 provides a map of existing and proposed stations. Page 3 is a list of proposed stations, and pages 4—10 provides specifics of each proposed charging station and locations. Electricity is the clean fuel of choice: Large scale wind and solar developments are reducing GHG emissions from elec- tricity, making renewable-sourced electricity the fuel of choice. Holy Cross Energy, which provides electricity to 95% of Eagle County, has increased the renewable portion of their power supply mix from 20% in 2014 to 40% today with plans in place to provide 70% renewable electricity for all of their customers by as early as 2021. Transportation fuels are now the largest contributor of GHG gas emissions in our community, and “fuel-switching” from diesel and gasoline to elec- tricity is a leading strategy for decreasing climate pollution. Electric Vehicles’ market growth: EVs offer the benefits of lower operating cost and reduced pollution and the market is responding. A recent report from The Edison Foundation summarizes the current state of electric vehicles: “The transition to electric vehicles (EVs) is well underway with more than 1 million EVs on U.S. roads as of October 2018. Automakers are responding to customer demand and are developing more EV models, including both plug-in hybrid electric vehicles (PHEVs) and battery electric vehicles (BEVs), that are increasingly cost-competitive with internal com- bustion engines. In addition, customers are purchasing EVs in record numbers, and electric companies are working with stakeholders to move the EV infrastructure market forward.” (source: http://www.edisonfoundation.net/iei/ publications/Documents/IEI_EEI%20EV%20Forecast%20Report_Nov2018.pdf ) Colorado’s policies, utility provider supports, and an expanding range of better EVs at lower cost are all factors driving up the number of plug-in vehicles on the road (>75,000 statewide, 800 in Eagle County). According to the state energy office the market share for EVs is now 6% of the total vehicles sold, and expected to increase. Electric buses are also beginning to replace diesel buses in local transit operations including ECO Transit in Eagle County, RFTA in the Roaring Fork valley, Vail, Avon and Aspen. Eagle County Government currently has 3 electric vehicles in the fleet, and 5 charging stations (11 plugs) for fleet, workplace, and the public. A fleet optimization effort is underway to reduce the total number of fleet vehicles, replace aging gas-powered fleet vehicles with EVs, and expand the car-share program to include EVs for county work travel. ECO Transit plans to replace 2 new buses each year, with the first two electric buses to be added to the fleet in 2020. 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 Annual U.S. EV Sales EVs Sold in US in 2018 = 305,602 Tesla Model 3 139,782 Toyota Prius Prime 27,595 Tesla Model X 26,100 Tesla Model S 25,745 Honda Clarity PHEA 18,602 Chevy Volt 18,306 Chevy Bolt 18,019 Nissan Leaf 14,715 BMW 530e 8,664 Ford Fusion Energi 8,074 (46% of market) 2 Observations: #1: Current numbers of EVs are >75,000 statewide, and 800 registered in Eagle County. Number of EVs in the state is projected to increase by over 1,000% in the next 10 years . Including current installs taking place this spring and summer there are 17 sta- tions, at 12 different locations throughout the county for a total of 36 plugs available for general public charging. #2: Of the total 36 plugs available , 35 plugs are “Level 2” slow chargers that provide 9 miles of charge per hour. These stations require 4 hours or more to charge a standard EV battery—ideal for commuters who re-charge their EV during their work day, but not practical for high-use EVs or drive-through travelers. #3: Only 1 plug, at the Eagle Park and Ride location, is a “Level 3” fast charge station that provides 250 miles of range per hour of charging. We have an emerging need for Level 3 fast charging stations at transportation centers and near I-70, and for more Level 2 chargers at county facilities and workplaces throughout the community. Building Description Address Location Zip Station Type Eagle Park and Ride 112 Chambers Road Eagle 81631 Level 3, 1 plug El Jebel Community Ctr 0020 Eagle Co. Rd. El Jebel 81623 Level 2, 2 plugs Eagle County Building 500 Broadway Eagle 81631 Level 2, 4 plugs Lake Creek Village Apartments 4923 Lake Creek Village Drive Edwards 81632 Level 2, 1 plug Freedom Park 0450 Miller Ranch Rd Edwards 81632 Level 2, 2 plugs CMC Edwards Campus 150 Miller Ranch Road Edwards 81632 Level 2, 2 plugs Edwards Station 434 Edwards Access Rd Edwards 81632 Level 2, 4 plugs Lionshead Parking Structure 3895 S. Frontage Road Vail 81657 Level 2, 2 plugs Vail Transportation Center 368 S. Frontage Rd. E. Vail 81657 Level 2, 10 plugs Walking Mountains Science Center 318 Walking Mountains Lane Avon 81620 Level 2, 4 plugs Traer Creek Plaza 101 Fawcett Rd Avon 81620 Level 2, 2 plugs Avon Town Hall 100 Mikaela Way Avon 81620 Level 2, 2 plugs 3 Eagle County Charging Locations including spring 2019 installs Type of Station/miles of range per charging hour / data enabled? # of Plugs Eagle County Building ChargePoint Level ll, 20 miles of range per hour of charging (RPH) 4 Edwards Freedom Park ChargePoint Level ll, 20 RPH, w/ data 2 Lake Creek Village Apartments Bosch Level ll, 20 miles of Range per Charging Hour (RPH), no data (replace?) 1 El Jebel Community Center ChargePoint Level ll, 20 RPH, w/ data enabled (install May 2019) 2 MSC Gypsum Replace existing 2 plugs, add 2 CP Level ll units, 20 RPH, w/ data— (For Fleet EVs) 4 Eagle, Chambers Park and Ride Level lll Fast Charger, 250 RPH (Install May 2019) 1 Total # of Public Plugs: 16 Proposed Locations in 2019-2020 Cost, No Grant Cost, w/ Grant Airport Terminal Building (Page 4) 2 x Level lll Fast Charger (250 RPH) at Manager / Vendor parking area for fleet and public use 2 $80,000 $20,000 Airport AdministrationBuilding (Page 5) Install two Level ll stations (20 RPH) workplace charging (equip from HCE) 2 $5,000 install N/A Airport Terminal, Apron Area Tug charging and Rental Car Charging (Page 6) Repurpose the electric infrastructure installed for terminal expansion, and repurpose for public and airport tug and other service vehicle charging. TBD TBD TBD Gypsum MSC, Building E and Bus Barn (Page 7) Add 2 plugs for expansion of fleet EVs 2 x Level lll Fast Charger (250 RPH) for fleet, public, and bus charging 2 x Level ll stations for fleet / work- place / public charging 3 x Level lll Fast Chargers in south lane inside of bus barn for bus charging 2 2 4 3 $5,000 $80,000 $30,928 TBD N/A $20,000 $12,928 TBD Eagle County Building, East parking (page 8) Coord w/ Eng, install conduit when re- paving for future stations. Add 2xLevel ll 4 $ 34,428 $16,428 Justice Center Annex Building, front parking (Page 9) Install two Level ll stations (20 RPH) for workplace and public charging 4 $ 34,428 $16,428 Avon Center, location TBD, partner w TOA (Page 10) Install two Level ll stations (20 RPH) for workplace and public charging 4 $ 34,428 $16,428 Total $304,212 $102,212 4 Airport Terminal Building, 2 Fast Charge Stations in the Manager and Vendor Parking Currently there is no EV charging infrastructure in place at the Airport. The addition of two fast-charge stations would provide access to charging for employees, fleet vehicles, rental vehicles, and airport visitors. These stations charge EVs within a few minutes, ideal for a short-term parking area. Stations can be added to this location as demand for charging increases. Station Type: Level lll Fast Charger (250 miles of range per hour of charging) at Manager / Vendor parking area for fleet and public use. This station has 2 types of plugs but can only charge 1 vehicle at a time. Two stations would require two parking spaces. 2 x Level lll Fast Chargers (250 RPH) for public charging and back-up / emergency bus charging: Equipment / 2 stations: $ 70,000 Electric / Install $ 10,000 $ 80,000 Grant Reimburse if awarded ($ 60,000) Cost after Grant $ 20,000 E E 5 Airport Administration Building, Install two Level ll stations (20 RPH) for workplace charging, stations provided by Holy Cross Energy at no cost. Station Type: Level ll charging stations (9 miles of range per hour of charging) for fleet and staff personal vehicles. Each station has 1 plug, so two plugs requires two designated parking spaces. 2 x Level 2 Chargers (9 RPH) : Equipment / 2 stations: $ 0 (Provided by HCE) Electric / Install $ 5,000 $ 5,000 More stations can be added from same power supply at SRE Building, requires road cuts and trenching. E E 6 Airport Terminal Apron, and Rental Car Parking Use existing power supply for install of EV charging stations Power supply installed for construction uses during the Terminal Building expansion can be repurposed to support new EV charging stations. In the Terminal Apron area, the charging stations can support the replacement of diesel powered tugs with electric, zero-emission tugs. Eliminating internal combustion diesel equipment will improve indoor air quality and working condi- tions in the “bag-land” service areas. Same concept applies to the rental car lot to the east of the SRE building— existing power supply at this location can be repurposed to support charging stations for electric vehicle rentals. 7 MSC Building A, 2 Level ll stations in East parking for Park and Ride / public use, employee & fleet EVs. Equipment / 2 stations: $ 16,168 Trenching $ 1,500 Electric / Install $ 13,260 $ 30,928 Grant Reimburse if awarded ($18,000) Cost after Grant $12,928 E E E E E E E E E E MSC Building E, SE corner of building Existing power supply at this location supports 2 x Level 3 Fast Chargers (provides 250 miles of range per hour) for shared access by fleet, employees, e-buses and public. Equipment / 2 stations: $ 70,000 Electric / Install $ 10,000 $ 80,000 Grant Reimburse if awarded ($ 60,000) Cost after Grant $ 20,000 EV Charging Transformer— Holy Cross Energy will provide a transformer to supply power and meter for all EV charging stations at the MSC. This allows Eagle County to track EV charging use and cost independent from buildings uses. Fast-charge stations for e-buses inside the Bus Barn Conceptually, one lane of the bus barn could be dedicated to electric buses for overnight charging. Chargers could be added to the other lanes as more e-buses are added to the fleet. Fleet EV Charging Behind the Fence (no public access): Replace 2 existing Bosch stations with networked Charge- Point stations for addition of EVs to county fleet. Holy Cross will provide this equipment at no cost, county provides in- T Transformer Note on Power Supply at MSC for EV Charging: Holy Cross Energy is considering a favorable EV charging rate struc- ture in 2019, and is partnering with Eagle County and other enti- ties to provide transformers and other power supply equipment as needed for EV charging. For MSC charging, a new transformer and meter dedicated to EV charging would be installed to support the new charging stations and avoid demand charges on existing ser- vice. 8 Eagle County Building Install two Level ll stations (20 RPH) for workplace and public charging. Station Type: Level ll charging stations (9 miles of range per hour of charging) for fleet and staff personal vehicles. Each station has 2 plugs and requires two designated parking spaces. Equipment / 2 stations: $ 16,168 Trenching, road work $ 5,000 Electric / Install $ 13,260 $ 34,428 Grant Reimburse if awarded ($18,000) Cost after Grant $16,428 E E E transformer 9 Justice Center Annex Building Level ll Chargers for Workplace and Public Charging Station Type: Level ll charging stations (9 miles of range per hour of charging) for fleet and staff personal vehicles. Each station has 2 plugs and requires two designated parking spaces. Equipment / 2 stations: $ 16,168 Trenching, road work $ 5,000 Electric / Install $ 13,260 $ 34,428 Grant Reimburse if awarded ($18,000) Cost after Grant $16,428 E E 10 Avon Center (100 W. Beaver Creek Blvd.) Level ll Chargers for Workplace and Public Charging Station Type: Level ll charging stations (9 miles of range per hour of charging) for fleet and staff personal vehicles. Each station has 2 plugs and requires two designated parking spaces. Equipment / 2 stations: $ 16,168 Trenching and paving $ 5,000 Electric / Install $ 13,260 $ 34,428 Grant Reimburse if awarded ($18,000) Cost after Grant $16,428 WRITTEN REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Preston Neill, Deputy Town Manager Greg Daly, Chief of Police Date: September 10, 2019 Agenda Topic: 2020 CENSUS UPDATE SUMMARY: As mandated by Article I, Section 2, of the U.S. Constitution, every ten years the Census Bureau counts the entire population of the country. The Census Bureau also collects demographic information such as group living situations, sex, age and race of each person. The Town of Avon has a vested interest in achieving an accurate and complete census because the results: • Determine how many seats each state will have in the U.S. House of Representatives • Affect the distribution of over $675 billion in federal and state funding each year • Are used to draw political districts • Inform master planning, public safety, emergency preparedness and other Town projects. • Assist residents as they use the results support community initiatives In 2020, the Census Bureau will implement new technology to make it easier than ever to respond to the Census. For the first time, people will be able to respond online, by phone, as well as by mail. The Census Bureau aims to use data that the public has already provided to reduce follow-up visits. They are in the process of building an accurate address list and automating field operations, all while keeping everyone’s information confidential and safe. The Census Bureau’s first major field operation for the 2020 Census, Address Canvassing, is already underway. Address canvassing improves and refines the Census Bureau’s address list of households nationwide, which is necessary to deliver invitations to respond to the census. The address list plays a vital role in ensuring a complete and accurate count of everyone living in the United States. In-field address canvassing will continue through mid-October. The public can begin responding to the Census in March. Over the next few months, Town staff will work with Brian Meinhart, Partnership Specialist with the U.S. Census Bureau, as well as the other organizations in the Eagle River Valley Complete County Committee, to inform our residents about the importance of the Census in local affairs, while working to achieve a complete and accurate count of all persons in our community. We’ve learned that Census engagement is not one-size fits all. There are a variety of reasons people don’t participate in the Census and it will be important for us to tailor our outreach strategies to be as effective as possible. Two of our main focus areas will be to reach out to hard-to-count populations and to create a sense of safety to encourage high participation. The attached document titled, “2020 Census at a Glance,” provides a general overview to help people gain an understanding of the purpose of the Census, key milestones, and how federal law protects Census responses. For more information about the 2020 Census, please visit www.census.gov. 2020 Census at a Glance The census is much more than just a head count. It provides a picture of our nation that helps determine where to build new schools, hospitals, and businesses; how federal funding is distributed; and how congressional seats are apportioned. It also helps us see how our communities have changed over time. That’s why an accurate count is so important. UNDERSTANDING THE CENSUS Once every decade, the federal government conducts a census of the entire population to count everyone in the United States and record basic information about them. Our nation’s founders believed this data was so important that they mandated the decennial census in the Constitution. Easy and Convenient In 2020, for the first time ever, the U.S. Census Bureau will accept responses online, but you can still respond by phone or mail if you prefer. Confidential and Secure Strict federal law protects your census responses. It is against the law for any Census Bureau employee to disclose or publish any census information that identifies an individual or business. Census Bureau employees take a lifelong pledge of confidentiality to handle data responsibly and keep respondents’ information private. The penalty for wrongful disclosure is a fine of up to $250,000 or imprisonment for up to 5 years, or both. No law enforcement agency (not the DHS, ICE, FBI, or CIA) can access or use your personal information at any time. Data collected can only be used for statistical purposes that help inform important decisions, including how much federal funding your community receives. The Census Bureau will never ask for your Social Security number, bank or credit card account numbers, money or donations, or anything on behalf of a political party. The Census Bureau has a robust cybersecurity program that incorporates industry best practices and federal security standards for encrypting data. To make sure you and your community are counted, learn more about the 2020 Census by visiting 2020census.gov. KEY MILESTONES FOR THE 2020 CENSUS • September 2018—The Census Bureau’s recruitment Web site went live: 2020census.gov/jobs. For each decennial census, the Census Bureau begins recruiting thousands of paid census takers to help ensure a complete and accurate count. Interested applicants can visit the Web site to apply for a variety of jobs beginning in 2019 and through summer 2020. • April 2019—The 2020 Census Web site goes live: 2020census.gov. This site will be available in multiple languages and will provide downloadable materials, answers to frequently asked questions, and more information about how individuals and organizations can help spread the word about the 2020 Census. • August 2019—New Statistics in Schools classroom activities are available online: census.gov/schools. The Statistics in Schools program provides resources for teaching and learning with real-life data. • January 2020—The first enumeration of the 2020 Census takes place in Toksook Bay, Alaska. Local census takers must get a head start while the frozen ground allows easier access to remote areas with unique accessibility challenges. • March 2020—The public can begin responding to the 2020 Census online at 2020census.gov. Replying by mail or phone will also be an option. • April 2020—Every 10 years, we observe Census Day on April 1. • June 2020 through July 2020—Census takers go door to door to count people who have not responded to the 2020 Census. Census takers are Census Bureau employees and will provide proof that they are official government personnel. • December 31, 2020—By this date, as required by law, the Census Bureau reports to the President of the United States the population count and the apportionment of seats in the U.S. House of Representatives to each state. • 2021—Initial 2020 Census data are made available to the public on census.gov. Connect with us @uscensusbureau D-FS-GP-EN-010 1 Tuesday, September 3, 2019 Planning and Zoning Commission Meeting Abstract Planning & Zoning Commission Meeting Abstract Tuesday, September 3, 2019 I. Call to Order – The meeting was called to order at 5:03pm by Chairperson Hardy. II. Roll Call – All Commissioners were present except for Commissioner Barnes, who arrived during Item VI. III. Conflicts of Interest - Employment status disclosure by Commissioner Hardy, who is now working for Zehren and Associates. Action: Commissioner Nusbaum motioned to find no conflict of interest with Commissioner Hardy. Commissioner Howell seconded the motion and it passed with a 4-0 vote; Commissioner Hardy and Commissioner Smith abstained. Action: Commissioner Hardy and Commissioner Smith had conflicts of interest with Item V due to employment with the same firm as applicant’s representative, and therefore did not participate. IV. Additions & Amendments to the Agenda - None V. Minor PUD Amendment & Vested Rights Extension – PUBLIC HEARING – 42 Riverfront Lane File: PUD19002 & VPR19001 Applicant: Points of Colorado, Inc. Property: Lot 1, Riverfront Subdivision Summary: PUD Amendment to permit modified building locations and building height. A vested rights extension is concurrently being sought for future projects beyond March 2021, extending to March 2024 for ‘phase one’ and March 2025 for ‘phase two’. Public Comment: None Action: Commissioner Howell motioned to continue the public hearing until the September 17, 2019 PZC meeting. Commissioner Nusbaum seconded the motion and it carried with a 4-0 vote. VI. Alternative Equivalent Compliance– PUBLIC HEARING – 4691 North Point #A File: AEC19006 Applicant: Bobby Ladd, RAL Architects Property: Lot 53A, Block 3, Wildridge Summary: Application to modify an approved Minor Development Plan (#MNR18038) for a roof material, from metal to shingle, which requires an AEC due to roof pitch of less than 4:12. Public Comment: None. Action: Commissioner Golembiewski moved to approve case AEC19006 with the following findings: 2 Tuesday, September 3, 2019 Planning and Zoning Commission Meeting Abstract 1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review, and §7.16.120 Alternative Equivalent Compliance; 2. The AEC achieves the intent of the roof design standard to the same or better degree than the subject standard; 3. The AEC achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the roof design standards; 4. The AEC results in benefits to the community that are equivalent to or better than compliance with the roof design standards and results in less impact (reflectivity) on an adjacent non-conforming window by utilizing shake shingles as opposed to metal roofing. 5. The AEC imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Avon Development Code. The motion was seconded by Commissioner Smith. The motion was discussed. Commissioner Golembiewski added another finding: 6. The roof pitch measures 3.25:12. Commissioner Smith agreed with the condition. The motion passed with all Commissioners in favor and a 7-0 vote. VII. Alternative Equivalent Compliance and Minor Development Application – PUBLIC HEARING – 2345 Fox Lane File: MNR19018 & AEC19005 Applicant: Ben Usatch Property: Lot 65 Block 1 Wildridge Subdivision Summary: Application to approve an already constructed fence that requires an AEC due to height, materials, and form. Public Comment: None. Action on AEC19005: Commissioner Nusbaum moved to approve with the following findings and conditions: Findings: 1. The proposed application was reviewed pursuant to §7.16.120, Alternative Equivalent Compliance, and §7.16.080(f), Development Plan. 2. The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; 3. The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; 4. The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and 5. The proposed alternative does not impose greater impacts on adjacent properties than would occur through compliance with the specific requirements of the Code. 3 Tuesday, September 3, 2019 Planning and Zoning Commission Meeting Abstract Conditions: 1. The height of the fence shall be lowered to 4 (four) feet and the modification shall only include 2 (two) horizonal rails, not including bottom rail; and 2. All modifications shall be performed by November 2, 2019. Commissioner Golembiewski seconded the motion. The motion passed with a 4-3 vote. Action on MNR19018: Commissioner Barnes moved to approve with the following findings: 1. The application is complete; 2. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 3. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan, §7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. No extra demand for public services is made by the application; and 6. The design relates the development to the character of the surrounding community. Commissioner Nusbaum seconded the motion and it passed with a 6-1 vote. VIII. Consent Agenda A – PZC Meeting Minutes: August 20, 2019 B – Record of Decision: REZ19001, Rezoning of Lot 16, Block 2, BMBC/420 W. Beaver Creek Blvd. Action: Commissioner Barnes motioned to approve the Consent Agenda. Commissioner Nusbaum seconded the motion and it passed unanimously with a 7-0 vote. IX. Other Business A – Upcoming Joint Session with Town Council i. Tract N and Tract O, Wildridge Community Housing Application(s) ii. Code Amendments B – IC Zone District Update X. Adjourn The meeting was adjourned at 6:25pm. M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: August 29, 2019 RE: Summary of Authority’s Aug. 22, 2019, Board Meeting The following is a summary of items discussed at the Aug. 22, 2019, Authority Board Meeting: Board members present and acting included: Acting Chair Mick Woodworth, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, director Pam Elsner and alternate director Eric Heil. Board members Gregory and Smith Hymes called into the meeting as observers. Eagle River Village Mobile Home Park Water System Update Jason Cowles discussed a recent meeting with representatives and stakeholders involved in the ERV water system discussions. The ERV owners engaged consultants to sample their water and suggest methods by which additional treatment could be used to improve water quality there. Jason will continue to participate in the discussions and report developments back to the board. Public Hearing: Water System Impact Fee Increase Jason Cowles discussed the proposed increase to the water system impact fee (WSIF), which requires unanimous board approval. The increase will update the fee to include the cost of water system capital improvements in recent years; the annual updates to the fees since 2014 included cost of living increases but did not account for the capital investments in the system that new customers are buying into. A public hearing was held, and no public comments were received. The board unanimously approved the WSIF increase, contingent upon the approval of the Avon Town Council at its Aug. 27 council meeting. Budget Amendment, Audit Approval James Wilkins discussed the need to amend the 2018 budget, as capital spending and engineering costs exceeded budgeted funds. The board unanimously approved the budget amendment. James also discussed the 2018 audited financial statements, for which a clean opinion was issued by McMahan and Associates. James noted a filing extension was granted by the Division of Local Government for the audit. The board unanimously approved the audited financial statements for 2018 and authorized the General Manager and Director of Finance to execute related documents. Electrical Safety Program Manual Dan Siebert presented information related to the newly-created Electrical Safety Program Manual. The manual provides clear technical definitions, defines roles and responsibilities, training, expectations and resources. The manual’s development was staff-initiated to reduce district-wide risk, clarify roles and responsibilities, and improve the District’s safety culture. Water System Master Plan Micah Schuette and AE2S staff discussed the Authority and District water master plan, which will replace the individual plans each entity developed in 2008 and 2009, respectively. Micah provided an overview of the plan, including build-out development projections, future water demand projections, the creation of a new integrated water distribution system hydraulic model, condition assessments of infrastructure, and next steps including the development of a 10-year capital improvement plan. Summary of Authority’s Aug. 22, 2019, Board Meeting Page 2 of 2 Quarterly Finance Report James Wilkins discussed the quarterly financials. Water sales for May and June were well below projections, likely due to the wet, cold spring experienced in the service area. Impact fees are higher than projections and expected to exceed budgeted amounts for the fiscal year, based on the large development projects the Authority is aware of at this time. Berry Creek Pump Station Replacement Jeff Schneider discussed the needed replacement of the Berry Creek pump station. Requirements from Eagle County, including the location and extent application and a variety of comments and suggestions on the application, have delayed the project’s start. A Sept. 18 County Planning Commission hearing is scheduled, at which approval is expected. Discussion ensued regarding a proposed meeting between the Commissioners and the Authority and District boards to determine ways to collaborate and ensure needed projects to serve the public good are not delayed in the future. Water Resources Updates to the Operations Report Len Wright discussed updates to the water resources section in the operations report. Such changes were made to provide more relevant information to the board s in three distinct sections: snowpack and precipitation; streamflow hydrographs ; and watershed status. Len said staff would like board feedback on the revised report. District Sanitary Survey Preparations Siri Roman presented an overview of District preparations for its sanitary survey, which will take place next week. Siri discussed the many items that inspectors review during the sanitary survey; any violations require public notice. Lessons were learned during the Authority’s sanitary survey the previous year, which were applied to District preparations. Mountain Hive Conditional Ability to Serve Letter The board authorized Jason Cowles to issue a conditional ability to serve letter to the proposed Mountain Hive project in Edwards. Such a letter does not commit the Authority to serve the development but indicates that such water is available. Communications and Public Affairs Update Diane Johnson updated on various topics, including a successful open house for the Stillwater employee housing development; an upcoming bus tour of the Authority and District’s system for stakeholders of the Community Water Plan; and the start of the Hahnewald Barn deconstruction. Diane also noted that Chris Treese, the long-time public affairs manager for the Colorado River District, is retiring in mid-September. She also said Becky Mitchell, the head of the Colorado Water Conservation Board, was appointed to the Colorado River Commission, filling the position James Eklund formerly occupied. Updated Water Rights Appraisal Glenn Porzak reported a recent review of the Authority’s water rights and said the value of the Authority’s water rights is $58 million. Black Lakes Augmentation Plan Glenn Porzak discussed the final decree for approval of the Authority’s 300 acre feet of Black Lakes augmentation water. This amount was increased from 200 acre feet; the additional 100 acre feet became available when the District’s contract with Vail Resorts for that water ended. Wolford Mountain Reservoir Exchange Glenn Porzak noted execution of the final decree to make absolute a portion of the Authority’s Wolford Mountain Reservoir exchange. Piney River Unit Settlement Agreement Amendment The board authorized approval of the amendment to the Piney River Unit settlement agreement. The amended agreement still requires the approval of some of the signatories, and Glenn will continue to monitor its progress.