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TC Packet 07-28-2020_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, July 28, 2020 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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 Public comments are limited to three (3) minutes. The speaker may request an additional one (1) minute, which may be approved by a majority of Council. 5. BUSINESS ITEMS 5.1. PUBLIC HEARING – Major Development Plan application for four (4) dwelling units on Lot 6 and Lot 7, Riverfront Subdivision (Town Planner David McWilliams) (30 Minutes) 5:15 5.2. Strategic Plan 2nd Quarter Update (Town Manager Eric Heil) (30 Minutes) 5:45 5.3. First Reading Ordinance No. 20-09: Amendment of Section 3.08 of Avon Municipal Code to Provide for the Collection of Taxes on Remote Sales (Town Attorney Paul Wisor) (15 Minutes) 6:15 5.4. First Reading Ordinance No. 20-10 Amending Section 12.04.380 of the Avon Municipal Code to Require the Installation of Conduit in Public Streets (Town Attorney Paul Wisor) (15 Minutes) 6:30 5.5. Approval of Minutes for June 23, 2020 Council Meeting (Town Clerk Brenda Torres) (5 Minutes) 6:45 5.6. Approval of Minutes for June 30, 2020 Special Council Meeting (Town Clerk Brenda Torres) (5 Minutes) 6:50 6. WRITTEN REPORTS 6.1. Upper Eagle Regional Water Authority June 25, 2020 Meeting Summary (Mayor Smith Hymes) 6.2. July 7th & July 21st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) THIS COUNCIL PACKET CONTAINS BOOKMARK LINKS WHICH ALLOWS YOU TO NAVIGATE TO SPECIFIC POINTS OF INTEREST / AGENDA ITEMS VERY EASILY, BY CLICKING ON THE BOOKMARK LINKS. EACH AGENDA ITEM HAS ITS OWN BOOKMARK LINK WHICH YOU CAN ACCESS IN THE MENU BAR ON THE LEFT -HAND SIDE OF THIS PDF. AS AN EXAMPLE, IF YOU CLICK ON THE BOOKMARK FOR AGENDA ITEM 5.1, IT WILL TAKE YOU STRAIGHT TO PAGE 3. _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 6.3. Monthly Financial Report (Senior Accountant Nelly Burns) 6.4. Quarterly RETT Report (Senior Accountant Nelly Burns) 6.5. Council Elections Report (Town Clerk Brenda Torres) 6.6. Town Manager Report (Town Manager Eric Heil) 7. Mayor and Council Comments & Meeting Updates (20 Minutes) 6:55 8. Executive Session (90 minutes) 7:15 8.1. Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; the potential purchase of real property, and conference with the Town Attorney for the purpose of receiving legal advice concerning a potential Community Housing project pursuant to CRS §24-6-402(4)(a), (b) and (e). 8.2. Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; the potential purchase of real property, and conference with the Town Attorney for the purpose of receiving legal advice concerning a potential purchase of residential property for Town of Avon employee housing pursuant to CRS §24-6-402(4)(a), (b) and (e). 8.3. Conference with the Town Attorney for the purpose of receiving legal advice regarding potential legal claims for dedicated parking pursuant to CRS §24-6-402(4)(b). 8.4. Conference with the Town Attorney for the purpose of receiving legal advice regarding Upper Eagle River Water Authority and Eagle River Water and Sanitation District structure pursuant to CRS §24-6-402(4)(b). 9. Adjourn 8:45 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. Page 1 of 9 TO: Honorable Mayor Smith Hymes and Council Members FROM: David McWilliams, AICP, Town Planner RE: MJR20005 Major Development Plan Public Hearing Lots 6 and 7 Riverfront Subdivision / 358 and 368 Riverfront Lane DATE: July 22, 2020 SUMMARY: This Staff report contains one application for consideration by Town Council: Major Development Plan with Design Review for two (2) new duplex buildings. Jim Telling (the Applicant) with East West Resort Development presents the final phase of a four (4) phase residential project. The approved western phases include several duplexes, a triplex, and a lodge building, which are in various stages of completion. This final phase occupies the last developable areas on the west ern side of the subdivision. Located to the west of the Riverfront Lane false cul-de-sac area, these duplexes will be accessed by individual driveways. Duplex 1-2 (the eastern duplex) will be entered on the second of three floors and is situated higher above the Eagle Valley Trail (the Trail). Access to duplex 3-4 is on the third of three floors and the bottom floor is at a similar grade as the Trail. Since the PZC hearing, additional entry to the Trail is proposed on duplex 3 and 4. PROCESS: Per Avon Development Code (ADC) Sec. 7.16.020, this application was presented at a public hearing to the Planning and Zoning Commission (PZC) on July 7, 2020. The hearing resulted in a unanimous (4-0) recommendation that Town Council approve the application, with various conditions, discussed below (Attachment C, PZC recommendation). All Major Development Plans in "Town Core" require final action by Town Council per Sec. 7.16.080(d). PUBLIC NOTICE: Notice of the public hearing was published in the June 26, 2020 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the ADC and noticed for multiple meeting dates. Mailed notice is not required for this application type. PROPERTY BACKGROUND: The property's PUD was established in 2006 (extracting various public benefits in exchange for the development rights in the blue “PUD” column, below) and amended in 2017 to diminish the western density and allow for the uses proposed in this application. The Riverfront PUD includes overall dwelling unit and site coverage requirements that span the entire PUD; the following table demonstrates continued compliance. Review of project should be under the context of what complies with the Riverfront PUD. Vested property rights for the western Riverfront lots were extended to March 18, 2021 concurrently with the 2017 PUD amendment. Page 2 of 9 PROPERTY DESCRIPTION: Lots 6 and 7 are .45 and .2 acres, respectively, located on the western side of the false cul-de-sac on Riverfront Lane. The other phase footprints are outlined in page 2 of attachment B.2. PLANNING ANALYSIS: Lot Coverage, Setback and Easements: Lots 6 and 7 both have the following building envelope and easements: Front Side Back (Eagle River) 10' O' 75' (or property line, whoever is more restrictive ) The duplex 3-4 roof overhang and deck exceed the river (rear) setback. On duplex 1-2 there are decks that protrude over the setback (Attachment B.2 sheet 2). Per the PUD Design Standards, the property is permitted, "limited minor encroachments as allowed in the development plan" in the river setback. During the PZC meeting, St aff mentioned these encroachments, particularly for duplex 3-4 due to the proximity to the Trail. Similar encroachments into the river setback were approved for the townhomes (phase 1 and 3) of the development, but the buildings are farther away from the Trail, and perhaps less intrusive. Ultimately, PZC did not recommend any changes to the building, but required additional landscaping between the Trail and duplex 3-4 (which is proposed, pending Eagle River Water and Sanitation District approval). The duplex 1-2 footprint was reduced slightly and duplex 3 -4 was angled slightly as a result of the discussion. The Applicant also modified the location of the Trail to create additional roo m, discussed in landscaping, below . Building Height: The maximum building height permitted for this property is 55' for "townhome" buildings. The Applicant is proposing a maximum building height of 48'- 6” according to the development plans. Image of site plan. Page 3 of 9 DESIGN STANDARDS ANALYSIS: The PUD has its own Design Standards, which are elaborated when applicable. In cases where the PUD is silent, ADC standards apply. Parking: The four (4) unit development requires five (5) spaces and the Applicant proposes 12 spaces which are provided in garages and spaces in front of the garages. While this project is not required to provide bicycle parking, it is provided at the Lodge building currently under construction. The duplex 1-2 design requires vehicles to reverse onto Riverfront Lane for departure. Engineering Staff approved the design and the landscaping was modified since the PZC hearing to remove sight line issues. PZC required a modified snow storage plan with less sight distance conflict, but the plan appears unchanged in this location. Landscaping & Irrigation: The total landscape area proposed is 12,677 square feet combined. 253 landscape units are required, and 588 units are proposed, primarily of spruce, pine, aspen, several deciduous shrub species, grasses, ground cover, and mulch areas (Attachment B.2, sheet 2). The PZC elected to re-review the landscaping in a public hearing subject to the conditions applied, discussed below. The Applicant has not proposed an irrigation plan, and hydrozones are not expressly demarcated. Staff suggests that the application can be approved by Town Council with the condition that a satisfactory irrigation plan be presented to Staff before a building permit is issued. The application proposes the removal of native landscaping within the building envelope as well as within the 75’ river setback (green area on attachment B.2 sheet 3). The PUD Development Plan states, “the 75-foot river setback will be largely left in its natural state.” Staff feels comfortable that removal of flora is necessary for duplex 3-4, particularly because it is located mostly outside of the setback. The Applicant responded to a PZC Condition regarding the duplex 1-2 retaining wall placement within the river setback by tucking the wall closer to the building. This arrangement preserves part of an existing cottonwood stand (some of which need to be removed) and creates a more pleasing pedestrian experience on the Trail. Wetlands below the cul-de-sac (marked with an arrow, below) are proposed to be preserved and the wall design allows for uninterrupted interaction with the intact vegetation. Per ADC Sec. 7.28.050(g)(1), “Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees.” Each significant tree (18 inches in diameter for cottonwoods) is required to be replaced at a rate of 2:1 (two to one). An alternative removal plan is at the discretion of the Community Development Director. It is unclear how many significant trees ar e proposed to be removed by the modified plan; 43 trees that meet ADC size standards are proposed for replacement. Staff suggests a condition of approval that the Applicant present how many significant trees are to be removed for PZC review. Page 4 of 9 Proposed retaining wall below Duplex 1-2 Staff is concerned that the blue spruce at the southwest corner of duplex 4 will grow into the bike path over time. It is only 7.5 feet from the path and will have to be trimmed, resulting in a potentially unappealing shape over time. Since the PZC meeting, the southwest corner of duplex 3 and 4 was modified to give access to the Trail. Five (5) cottonwood trees will have to be removed in order to accommodate the Trail relocation. The fallen trees should be placed strategically to close several social trails to the river that are impacting the riparian zone and causing erosion and is a condition of approval before a building permit is issued. On the west side, it is unclear what type of wall is proposed. Staff discussed having it match the “Redi Rock” that is used by the Town near the Trail, and this requirement is included as a condition of approval . The Trail relocation curve needs to be straightened slightly, as shown below. Building Design, Building Materials and Colors: The primary exterior building materials are wood siding (stained brown), stone tiles, cementitious stucco, and standing seam metal (Attachment B.2 sheet 5). Materials and colors were reviewed for conformance with the PUD Design Standards and determined to comply with the design standards. All materials are of high quality and compliment Avon's built landscape and the Riverfront PUD in general. The Applicant responded to a PZC comment by Page 5 of 9 modifying a stone veneer on the river elevation of duplex 1 -2. Retaining Walls: The most prominent wall will extend from the false cul-de-sac to the bottom of the site near the Trail. They are between two (2') and four (4') feet tall and confirmation of the western wall material is a condition of approval. Various walls were modified or added to accommodate the air conditioning units, additional duplex 3-4 entries, and preserve trees. Roof Material and Pitch: The Applicant is proposing primarily 3:12 roof pitches and 4:12 and 2:12 secondary roofs, which conforms with the PUD Development Standards. Materials are proposed to be asphalt shingles and standing seam metal, painted black. Snow Storage: The proposed snow storage locations meet the letter of the ADC but the accumulation of snow at the eastern portion of the duplex 1 -2 driveway may only allow the proper sight distance while reversing once the vehicle is fully blocking the sidewalk. The Riverfront property is responsible for its own snow removal , both internally, and along Riverfront Lane. The Applicant noted the HOA (not the individual owner) is responsible, and any issues will be anticipated and addressed proactively. Exterior Lighting: The proposed exterior building lighting are flat full cutoff (Attachment B.2 sheet 6 and 8). The locations and design comply with ADC requirements. There are additional bollard lights are full cutoff and meet applicable requirements. Unified Design: The narrative states that, “The two buildings are being treated as ‘attached single-family homes,’ rather than duplexes. In light of this, an attempt was made, insofar as possible, to develop exterior elevations that read as single masses, as opposed to mirrored halves.” ADC Sec. 7.28.090(d) states, Duplex, townhome and multi-family developments shall be designed in a manner that creates a single unified structure and site plan. Unified design shall include, but not be limited to, the use of compatible building materials, architectural style, scale, massing, detail, roof forms and landscaping. While "mirror image" units are not supported, the design intent should be one that creates a unified structure with enough variety and architectural interest to distinguish a duplex, townhome or multi-family structure from a single-family home. Staff is satisfied with the level of detailing, especially on the Riverfront Lane side of the project, that allows units to be distinguished from each other while appearing as a unified mass. MAJOR DEVELOPMENT PLAN & DESIGN REVIEW - REVIEW CRITERIA Sec. 7.16.050(f), Development Plan 1. Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; Staff Response: Staff presents several purpose statements for Town Council review and feels the conditions on the Major Development Plan approval are sufficient to gain compliance with the purposes: (f) Provide a planned and orderly use of land, protection of the environment and preservation of Page 6 of 9 viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non -renewable natural resources and attain sustainability. 2. Evidence of substantial compliance with §7.16.090, Design Review; Staff Response: This Major Design and Development Plan Application should be assessed in part with the Design Review criteria of the Development Code. The Design Review section seeks quality development and structures that are visually harmonious with the site and the surrounding vicinity. Conformance with this code section is discussed below and in Staff Analysis. 3. Consistency with the Avon Comprehensive Plan; Staff Response: The site is located in the Riverfront District (District 2 in the Comprehensive Plan), which states, "Visibility from U.S. Highway 6, protection and enhancement of the riparian environment along the Eagle River, and appropriate public access along the river should be taken into consideration with all development. " Select district principles are elaborated below, with Staff responses: • Seek easements where appropriate for river access. - An easement (and path, completed 2019) to access the river from Riverfront Lane was provided during the 201 7 PUD amendment as a condition of approval. • Orient buildings to capitalize on the Eagle River as an amenity. Use sensitive site planning, architectural detailing, articulation, and appropriate setbacks, color, screening, and scale of structure to preserve the character of the river and its associated natural habitat. - The scale and design detail of the buildings do not appear over dominant, and in scale with the river setting. Intrusions into the setbacks and the resultant massing of the building, particularly Duplex 3 -4, should be carefully considered by Town Council. • Limit building height to a scale that is subordinate to Town Center and compatible with the river environment. Buildings should be designed to step down in height as they near the river and in response to the natural topography. - The building height is subordinate to Town Center and the buildings step down with the naturally sloping topography. • Minimize the loss of trees and impact to the riparian area while achieving urban design goals. - It is unclear if the wetland area is fully preserved. Staff’s condition of approval relate s to minimizing disturbance to existing vegetation. Other Comprehensive Plan general Goals and Policies are listed below: Goal A.1: Promote a compact community form. Goal B.2: Ensure that Avon continues to develop as a community of safe, interactive, and Page 7 of 9 cohesive neighborhoods that contribute to the Town's overall character and image. Goal B.4: Encourage commercial development that enhances Avon's overall economic health, contributes to the community's image and character, and provides residents and visitors with increased choices and services. Goal C.1: Ensure that development is compatible with existing and planned adjacent development and contributes to Avon 's community image and character. Goal E.1: Achieve a diverse range of housing densities, styles, and types, including rental and for sale, to serve all segments of the population. Staff finds substantial consistency with the form, cohesion, compatibility, and housing types offered in this project. 4. Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; Staff Response: The application was reviewed for the requirements that accompany the PUD Development Plan and the Avon Development Code and found to be consistent with them. Staff supports the setback modifications made since the PZC meeting. Several issues regarding landscaping are included as recommended conditions of approval. 5. Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and Staff Response: The analysis contained in this Staff report addresses all applicable Development Code standards. Staff finds that the modifications made since the PZC hearing make this a better project that better complies with the applicable standards , and additional modifications as noted in the conditions will help further. 6. That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. Staff Response: The proposal is approved by the Eagle River Water and Sanitation District for compliance with the properties' water allocation. The Fire District responded with building-related suggestions. All other special services are well established in the subdivision. SEC. 7.16.090(f), DESIGN REVIEW CRITERIA 1. The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; Staff Response: The immediate area includes high density duplex and condominium development and bordering open space uses. The duplex proposal relates to the rest of the Riverfront development. The initial Staff hesitation regarding intrusion into the river setback as been properly addressed by the revision. Various landscaping concerns can be addressed by PZC and Staff before a building permit will be issued. 2. The design meets the development and design standards established in this Development Code; and Page 8 of 9 Staff Response: Nuances regarding compliance with applicable development and design standards mostly relate to landscaping concerns. The conditions included will help meet the design standards. The modifications to the rear setback encroachments improve the property. 3. The design reflects the long- range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Staff Response: Applicable adopted plans include the Avon Comprehensive Plan , provisions of the Development Code, and the PUD Design Standards. The design has been evaluated for conformance with these plans, and Staff has determined the proposed design meets the requirements as proposed. STAFF RECOMMENDATION FOR MJR20005 MAJOR DESIGN & DEVELOPMENT PLAN: Staff recommends a motion of approval of the Major Design and Development Plan for Lots 6 and 7 Riverfront Subdivision with the following Findings and Conditions: Findings: 1. The proposed application was reviewed pursuant to Sec. 7.16.080(f), Development Plan, Sec. 7.16.090(f), Design Review. The design meets the development and design standards established in the Avon Development Code and the PUD Design Standards; 2. The application is complete; 3. The application provides sufficient information to allow the Town Council to determine that the application complies with the relevant review criteria ; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; and 5. The design relates the development to the character of the surrounding community. Conditions: 1. A satisfactory irrigation plan that achieves silver or better LEED standards, and demonstrates square footage coverage and hydrozones shall be presented before a building permit will be issued; 2. Temporary irrigation systems must be removed upon sufficient vegetation establishment, which shall not exceed one (1) year for ground cover , two (2) years for shrubs or three (3) years for trees; and 3. Landscaping amendments, including replacing the duplex 4 blue spruce, realigning the Eagle Valley Trail, use of “Redi Rock” retaining walls, and strategic placement of the felled cottonwood trees will be presented to PZC for review. MOTION TO RECOMMEND APPROVE THE APPLICATION: "I move to approve Case #MJR20005, an application for Major Design and Development Plan for Lots 6 and 7 Riverfront Subdivision, together with the Findings and Conditions as recommended by Staff " OPTIONS: • Approve the application as presented • Approve the application with conditions • Deny the application Page 9 of 9 • Continue the application to a date certain ATTACHMENTS A. Application Narrative B. Design & Development Plans 1. Vehicle turning movement 2. Landscape / Architecture design C. PZC Approval Thank you, David McWilliams 970-749-4023 / cmcwilliams@avon.org The Residences at Riverfront Riverfront Village Lots 6 & 7 Major Development Application Major Development Application Submitted: Lots 6 & 7 | Riverfront Village PUD June 16, 2020 Application Narrative Attachment A Riverfront Village Lots 6 & 7 - Major Development Application 2 | Page A. INTRODUCTION The applicant and owner EW Riverfront Lots Development, LLC, a Delaware limited partnership registered as a limited liability partnership (“EWRD”), is hereby submitting a Major Development Application for the development of Lots 6 & 7 of the Riverfront Subdivision. This narrative accompanies the Development Plan Submittal drawings submitted under separate cover. Drawings include in-progress and coordinated architectural, site civil, and landscape plans for Lots 6 and 7. The legal description for Lot 6 is 358 Riverfront Lane Riverfront Subdivision Parcel# 2105 -122-24-024 and for Lot 7 is 368 Riverfront Lane Riverfront Subdivision Parcel# 2105-122-24-018. This development application is submitted per the most recent amendment of the Riverfront PUD and is consistent with the amended PUD guide, including the design guidelines and site development standards of the PUD. This application is for Lots 6 & 7 and includes 4 townhomes within 2 buildings. This application follows and relates to prior applications in the Riverfront PUD, for a 36-unit condominium building and 19 townhomes on adjacent Lots 4 and 5, respectively. Illustrative Plan included in the Development Plan Submittal – Lots 6 and 7 at the west end of the Riverfront PUD Attachment A Riverfront Village Lots 6 & 7 - Major Development Application 3 | Page B. PROJECT OVERVIEW Project Layout The overall project consists of two 3-story townhome duplexes at the western end of the Riverfront PUD on Lots 6 and Lots 7, for a total of four new residential units. Primary access to each building is provided by dedicated driveway access from Riverfront Lane to each lot. 3 parking spaces for each unit are provided. These are located in an enclosed 2-car garage and 1 surface space for each unit (in front of garages for units 1 and 2 on Lot 6, and on the side of the garages for units 3 and 4 on Lot 7). A total of 6 off-street parking spaces are proposed per building and per lot, for a total of (12) off-street parking spaces for the (4) proposed residential units. Maneuvering and turning movement analyses prepared by Alpine Engineering Inc. are included in the application, demonstrating the egress and ingress into each lot, utilizing a large suburban vehicle. The project is specifically laid out to respect the 75’ river setback and creates a buffer of landscape between the proposed buildings, the recreation path and river. The project also respects the 10’ setback along Riverfront Lane and creates a landscape buffer between private residences and the public sidewalk. The project has a strong pedestrian orientation based on close proximity and good pedestrian connectivity to the Westin Riverfront, to the Gondola, to the transit center, to the Main Street Mall, and to Nottingham Park. Pedestrian routes for the project include the sidewalk along Riverfront Lane to the north and the regional recreation trail along the Eagle River to the south. A shared trail easement between East West Partners and Eagle River Water and Sanitation District at the western-most point of Lot 7 has been dedicated to the Town of Avon in previous phases of development of the Riverfront PUD in order to connect Nottingham Park and Lake Street to the regional recreation path along the River, fulfilling a long-term connectivity objective of the Town and fulfilling the owner’s obligation to the town in prior project approvals. Above grade decks are proposed along the south side of the townhome units to maximize the view and solar relationships of the site, especially the river. Landscaping, with emphasis on adaptable and drought tolerant plant species, is proposed strategically in keeping with the Town standards to add interest and complement the architecture, soften the internal driveways and auto court, screen and create privacy, and serve as drainage and snow storage areas. Concrete unit pavers are proposed for the driveways, consistent with pavers applied in other phases of the project and in public areas of the project and the Town of Avon. Attachment A Riverfront Village Lots 6 & 7 - Major Development Application 4 | Page C. DEVELOPMENT SUMMARY Site Development Calculations: The following are the major site coverage areas associated with the development application for Lots 6 and 7: Total Lot 6 Area: 19,634 SF 100% Lot Area Lot 6 Building Footprint 2,289 SF / 11.6% of Lot 6 Lot 6 Driveway Area (impervious) 1,304 SF / 6.6% of Lot 6 Lot 6 Landscape Area: 9,662 SF / 49.2% of Lot 6 Lot 6 Snow Storage Area: 333 SF / 25.5% of Lot 6 Paved Area Total Lot 7 Area: 8,753 SF 100% Lot Area Lot 7 Building Footprint 2,389 SF / 27% of Lot 7 Lot 7 Driveway Area (impervious) 2,427 SF / 28% of Lot 7 Lot 7 Landscape Area: 3,037 SF / 35% of Lot 7 Lot 7 Snow Storage Area: 486 SF / 20% of Lot 7 Paved Area These calculations are included in the Site Plan drawing included with the application. D. ARCHITECTURAL OVERVIEW The two buildings are each three stories, with the entry levels varying by lot. Residences 1 and 2 enter at the middle level, with one level up and one level down, while Residences 3 and 4 enter at the uppermost level, with two additional levels down. The plan layouts are contemporary in nature, with views, sun, and open plans being foremost considerations. Each residential unit has a 2-car garage. The exterior style and materials are an evolution of the first two phases of townhomes, using stone veneer, stained wood siding, cementitious panels, and metal-clad wood windows with metal wrap. Stucco is also used as an exterior material, and glu-lam beams are used to express the exterior structure. The roofs will be finished with high-definition asphalt shingles and photovoltaic panels. The two buildings are being treated as “attached single-family homes,” rather than duplexes. In light of this, an attempt was made, insofar as possible, to develop exterior elevations that read as single masses, as opposed to mirrored halves. The Riverfront Residences will strive to attain LEED Gold Certification. Attachment A Attachment B.1 Attachment B.1 101 El PaseoSanta Barbara, California 93101(805) 963-6890 FAX (805) 963-8102ARCHITECTURE -PLANNING -INTERIORSAND ASSOCIATES, INC.Z E H R E N48 East Beaver Creek Blvd., Suite 303P.O. Box 1976 - Avon, Colorado 81620(970) 949-0257 FAX (970) 949-1080LANDSCAPE ARCHITECTURECopyright © 2020 by Zehren & Associates Inc.IN20152422.30AVON, COLORADOTHE RESIDENCES AT RIVERFRONT06/16/2020BP&ZISSUE B - PHASE 04 PLANNING AND ZONING SUBMITTALJune 16, 2020358 AND 368 RIVERFRONT LANEJuly 20, 2020ISSUE B.1 - PHASE 04 PLANNING AND ZONING RESUBMITTAL07/20/2020B.1Attachment B.2 © 2020 Zehren and Associates, Inc. east west partners 07.20.2020The Residences at Riverfront 1 OVERALL ILLUSTRATIVE PLAN RIVERFRONT LODGE Rive r f r o n t L a n e Exist i n g R a i l r o a d T r a c k s Existing Timeshare West Condos Entry Exit Exit Ea g l e R i v e r Ex i s t i n g E c o - T r a i l TH C TH B TH B TH C TH C TRI-PLEX A Prop o s e d D r i v e w a y Existing PathScale: 1” = 30’ 0 30’15’60’ TH A RESIDENCES 1 & 2 (Lot 6) RESIDENCES 3 & 4 (Lot 7) TH A TH A Phase 4 Site Area LEGEND Bldg Type Unit Type Unit Qty. Total SF Townhome (2) Duplex 4 13,638 PHASE 4 DEVELOPMENT SUMMARY OVERALL ILLUSTRATIVE PLAN Attachment B.2 © 2020 Zehren and Associates, Inc. east west partners 07.20.2020The Residences at Riverfront 2 56 PLANT LEGEND: EVERGREEN TREES DECIDUOUS TREES SHRUBS PERENNIALS MIXED SPECIES (1 GAL) 393 SF NATIVE SEED MIX (GRASS / WILDFLOWERS) GROUND COVER ORNAMENTAL GRASSES BLUE SPRUCE (14' HT) QTY - 7 Picea pungens 'Fastigiata' WEEPING WHITE SPRUCE (12' HT) QTY - 2 Picea glauca 'Pendula' BRISTLECONE PINE (10' HT) QTY - 2 Pinus aristata MULTI-STEM ASPEN (3" CAL / 14' HT) QTY - 7 Populus tremuloides ROCKY MTN GLOW MAPLE (3" CAL) QTY - 4 Acer grandidentatum MUGO PINE (6' HT) QTY - 16 Pinus mugo var. rostrata WOODS ROSE (15 GAL) QTY - 13 Rosa woodsii MORDEN GOLDEN GLOW ELDERBERRY (15 GAL) QTY - 13 Sambucus racemosa 'Morden Golden Glow' RED TWIG DOGWOOD (15 GAL) QTY - 26 Cornus sericea 'Baileyi' STAGHORN SUMAC (15 GAL) QTY - 15 Rhus typhina 'Tiger Eyes' COMMON LILAC (14' HT) QTY - 9 Syringa vulgaris 'Andeken an Ludwig Spaeth' FRAGRANT SUMAC (15 GAL) QTY - 19 Rhus aromatica HARRISON'S YELLOW ROSE (15 GAL) QTY - 25 Rosa x harisonii 'Harrisons Yellow' GAMBEL OAK (15 GAL) QTY - 20 Quercus gambellii SERVICEBERRY (15 GAL) QTY - 15 Amelanchier alnifoila BLUE MUFFIN VIBURNUM (15 GAL) QTY - 12 Viburnum dentatum 'Blue Muffin' GOOSEBERRY (15 GAL) QTY - 14 Ribes aureum ORANGE ROCKET BARBERRY (15 GAL) QTY - 9 Berberis thunbergii 'Orange Rocket' DIABOLO NINEBARK (15 GAL) QTY - 12 Physocarpus opulifolius 'Diabolo' MONTGOMERY SPRUCE (3' HT) QTY - 2 Picea pungens 'Montgomery' COMMON JUNIPER QTY - 15 Juniperus communis var. depressa CRUSADER COCKSPUR HAWTHORN QTY - 2 (3" CAL) Crataegus crus-gali inermis "Crusader' NANKING CHERRY (6' HT / Multi-stem) QTY - 3 Prunus tomentosa LANDSCAPE UNIT QTY (TREES) 16 16 96 49 28 14 12 13 LANDSCAPE UNIT QTY (Shrubs) TOTAL LU FOR TREES = 271 (47%) TOTAL LU FOR SHRUBS = 238 (41%) 13 26 15 15 9 19 25 20 15 12 14 9 12 2 LANDSCAPE UNIT QTY FEATHER REED GRASS (15 GAL) QTY - 62 Calamagrostis acutiflora 'Karl Forester' RUSSIAN SAGE QTY - 19 Perovskia atriplicifolia 19 BLUE AVENA GRASS (5 GAL) QTY - 9 Helictotrichon sempervirens 9 62 1 TOTAL LU GRASSES / PERENNIALS = 72 (12%) SYMBOL LEGEND: PROPOSED SPOT ELEVATION PATIO PAVERS 119 SF (60mm) VEHICULAR PAVERS 3,330 SF (80mm) EXISTING TREE TO BE PRESERVED BARK MUCLH 4,341 SF (3" DEPTH) NATIVE SEED 6,819 SF CONCRETE BUILDING ENTRY 12.25 BOLLARD LIGHT - QTY 5 RIVER ROCK COBBLE NOTES: 1. ALL TREE AND SHRUB PLANT BEDS ARE TO RECEIVE A MINIMUM OF 3" DEPTH OF BARK MULCH. 2. ALL DISTURBED OR RE-GRADED AREAS TO BE RE-VEGETATED WITH A NATIVE WILDFLOWER AND GRASS SEED MIX. 3. IRRIGATION SYSTEM TO BE MOISTURE SENSOR AUTOMATED AND TIME CLOCK OPERATED. SHRUBS, TREES, AND PERENNIALS TO BE DRIP OR MICRO SPRAY TYPE IRRIGATION. 4. NATIVE SEED AREAS SHALL BE TEMPORARY IRRIGATED FOR AND ESTABLISHMENT PERIOD OF TWO YEARS. TREES AND SHRUBS WITHIN THE NATIVE SEED AREAS SHALL HAVE PERMANENT DRIP IRRIGATION. 5. SILT FENCE OR HAY BALES ARE TO BE PLACED AT THE LIMIT OF CONSTRUCTION AS NEEDED TO PREVENT EROSION AND SEDIMENTATION. A CONSTRUCTION FENCE WILL BE PLACED AT THE LIMIT OF DISTURBANCE WHERE THE SILT FENCE OR HAY BALES ARE NOT USED. GRAND TOTAL LOT 6 & 7 LANDSCAPE UNITS = 581 TOTAL REQUIRED LANDSCAPE UNITS PER CODE = 188 LANDSCAPE PLAN Scale: 1” = 10’ 0 10’5’20’Note: Native Seed Areas shall have temporary irrigation for establishment and are not Included in Irrigation Calculations Landscape Area Provided Lot 6 =9,662 SF Lot 7 = 3,037 SF 49.2% Lot 6 Area 34.7% Lot 7 Area Total Irrigated Area Lot 6 = 1,921 SF Lot 7 = 596 SF 19.8% of Lot 6 Landscape Area 19.6% of Lot 7 Landscape Area Spray Area (Perennials) Lot 6 = 305 SF Lot 7 = 80.5 SF 15.8% of Lot 6 Total Irrigated Area 13.5% of Lot 7 Total Irrigated Area Drip Area (Trees / Shrubs) Lot 6 =1,616 SF Lot 7 = 515.5 SF 84.2% of Lot 6 Total Irrigated Area 86.5% of Lot 7 Total Irrigated Area IRRIGATION AREA CALCULATIONS Note: Total Irrigated Area is calculated on a per plant basis using the following areas: • 20 SF per Tree • 7 SF per Shrub • 2.25 SF per Grass • Total area of Perennials Attachment B.2 © 2020 Zehren and Associates, Inc. east west partners 07.20.2020The Residences at Riverfront 3 SYMBOL LEGEND: PROPOSED SPOT ELEVATION PATIO PAVERS 119 SF (60mm) VEHICULAR PAVERS 3,330 SF (80mm) EXISTING TREE TO BE PRESERVED SNOW STORAGE AREA BARK MUCLH 4,341 SF (3" DEPTH) NATIVE SEED 6,819 SF CONCRETE LIMIT OF WORK BUILDING ENTRY 12.25 BOLLARD LIGHT - QTY 5 EXISTING NON-SIGNIFICANT GROVE OF TREES TO BE REMOVED RIVER ROCK COBBLE LOT 6 SITE CALCULATIONS: Total Area = 19,634 SF Lot 6 Total Building Footprint Area: 2,129 SF (10.8% of Lot 6 Area) Lot 6 Driveway Area (Impervious): 1,304 SF (6.6% of Lot 6 Area) Lot 6 Landscape Area: 9,662 SF (49.2% of Lot 6 Area) Lot 6 Snow Storage Area: 942 SF (72% of Paved Area) Total Snow Storage Area Lot 6 & 7: 1052 SF (29% of Combined Lot 6 / 7 Paved Area) BUILDING TYPE UNITS PARKING CALCULATONS (1) DUPLEX 2 Units 3 Per Unit = 6 Off Street Spaces LOT 7 SITE CALCULATIONS: Total Area = 8,753 SF Lot 7 Total Building Footprint Area: 2,389 SF (27.2% of Lot 7 Area) Lot 7 Driveway Area (Impervious): 2,380 SF (27.1% of Lot 7 Area) Lot 7 Landscape Area: 3,015 SF (35% of Lot 7 Area) Lot 7 Snow Storage Area: 110 SF (3.6% of Paved Area) Total Snow Storage Area Lot 6 & 7: 1052 SF (29% of Combined Lot 6 / 7 Paved Area) BUILDING TYPE UNITS PARKING CALCULATONS (1) DUPLEX 2 Units 3 Per Unit = 6 Off Street Spaces NOTES: 1. NO SNOWMELT IS PROPOSED ON LOT 6 OR 7 2. TRASH CONTAINERS SHALL BE STORED WITHIN EACH UNIT. (NO EXTERIOR ENCLOSURES PROPOSED) 3. REFERENCE ARCH ELEVATIONS FOR BLDG HEIGHT AND ROOF LINE RIDGE ELEVATIONS SITE PLAN Scale: 1” = 10’ 0 10’5’20’ Attachment B.2 © 2020 Zehren and Associates, Inc. east west partners 07.20.2020The Residences at Riverfront 4SITE LIGHTING PLAN Bollard Light - Qty. (5) LEGEND Scale: 1” = 16’ 0 16’8’32’ Phase 4 Site Area TH C RES 1 RES 2 RES 3 RES 4 Riverf r o n t L a n e Existin g S i d e w a l k Ea g l e R i v e r E x i s t i n g E c o - T r a i l Existin g C o n n e c t o r T r a i l techlighting.com 700OBSYN CRI/CCT LENGTH LENS FINISH VOLTAGE DISTRIBUTION OPTIONS 830 80 CRI, 3000K 840 80 CRI, 4000K 42 42"C FLAT CLEAR Z BRONZE H CHARCOAL UNV 120V–277V S SYMMETRIC NONE PC BUTTON PHOTOCONTROL* LF IN-LINE FUSE* PCLF BUTTON PHOTOCONTROL & IN-LINE FUSE* *FOR USE ONLY IN 120V-277V VERSION. DELIVERED LUMENS 578 WATTS 28.9 VOLTAGE Universal 120-277V, with integral transient 2.5kV surge protection (driver) SECONDARY SURGE PROTECTOR 10kA DIMMING 0-10, ELV LIGHT DISTRIBUTION Symmetric MOUNTING OPTIONS**Bolt PERFORMANCE OPTIONS Photocontrol / In-Line Fuse CCT 3000K or 4000K CRI 80+ COLOR BINNING 3 Step BUG RATING B0-U1-G0 DARK SKY Compliant WET LISTED IP65 GENERAL LISTING ETL CALIFORNIA TITLE 24 Can be used to comply with CEC 2016 Title 24 Part 6 for outdoor use. Registration with CEC Appliance Database not required. START TEMP -30°C FIELD SERVICEABLE LED Yes CONSTRUCTION Aluminum HARDWARE Stainless Steel FINISH Powder Coat LED LIFETIME L70; 70,000 Hours WARRANTY*5 Years WEIGHT 29.2 lbs. * Visit techlighting.com for specific warranty limitations and details. **Bollard base not suitable for branch circuit through wiring. SYNTRA BOLLARD SYNTRA BOLLARD shown in bronze SYNTRA BOLLARD shown in charcoal High quality LM80-tested LEDs for consistent long-life performance and color Outstanding protection against the elements: • Powder coat finishes • Stainless Steel mounting hardware • Impact-resistant, UV stabilized frosted acrylic lensing Exhibiting a modern, Zen-like design approach, the Syntra outdoor bollard light blends seamlessly into contemporary architecture and landscapes. The symmetric down lighting provides abundant outdoor illumination and the clean, angular aesthetic maintains an understated elegance. ORDERING INFORMATION SPECIFICATIONS 7400 Linder Avenue, Skokie, Illinois 60077 T 847.410.4400 F 847.410.4500 FIXTURE TYPE & QUANTITY PROJECT INFO JOB NAME & INFO NOTES © 2019 Tech Lighting, L.L.C. All rights reserved. The “Tech Lighting” graphic is a registered trademark of Tech Lighting, L.L.C. Tech Lighting reserves the right to change specifications for product improvements without notification. techlighting.com 180˚ 392 470 313 235 157 78 0 78 157 235 313 392 470 170˚ 160˚ 150˚ 140˚ 130˚ 120˚ 110˚ 100˚ 90˚ 80˚ 70˚ 60˚ 50˚ 40˚30˚20˚10˚0˚ 8" 203 mm 7.2" 183 mm 42" 1067 mm .8" 20 mm 5.5" 140 mm.4" 10 mm 2.3" 58 mm 2.8" 71 mm 4.6" 117 mm 3.8" 97 mm .8" 20 mm SYNTRA BOLLARD Syntra Bollard Anchor Plate Bolt Pattern PHOTOMETRICS**For latest photometrics, please visit www. techlighting.com/OUTDOOR SYNTRA BOLLARD Total Lumen Output: 578 Total Power: 28.9 Luminaire Efficacy: 19.9 Color Temp: 3000K CRI: 80+ BUG Rating: B0-U1-G0 Attachment B.2 © 2020 Zehren and Associates, Inc.east west partners07.20.2020The Residences at RiverfrontPLANNING AND ZONING SUBMITTAL - PHASE 45MODEL VIEWSNTSMASSING MODEL VIEWSRESIDENCES 1 + 2METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH METAL SURROUNDCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)EXPOSED TIMBER STRUCTUREDECORATIVE METAL CHIMNEY CAPCEMENTITIOUS STUCCO (INTEGRAL COLOR)METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH METAL SURROUNDCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)EXPOSED TIMBER STRUCTUREDECORATIVE METAL CHIMNEY CAPCEMENTITIOUS STUCCO (INTEGRAL COLOR)METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH METAL SURROUNDCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)EXPOSED TIMBER STRUCTUREDECORATIVE METAL CHIMNEY CAPCEMENTITIOUS STUCCO (INTEGRAL COLOR)METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH METAL SURROUNDCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)EXPOSED TIMBER STRUCTURECEMENTITIOUS STUCCO (INTEGRAL COLOR)NTSPROPOSED EXTERIOR FIXTUREMETAL-CLAD WOOD WINDOWS (ANDERSEN) WITH PATINAED COPPER SURROUND, AT ENTRY ONLYMETAL-CLAD WOOD WINDOWS (ANDERSEN) WITH PATINAED COPPER SURROUND, AT ENTRY ONLYAttachment B.2 © 2020 Zehren and Associates, Inc.east west partners07.20.2020The Residences at RiverfrontPLANNING AND ZONING SUBMITTAL - PHASE 46DN43' - 6"31' - 0"CEMENTITIOUS STUCCO (INTEGRAL COLOR)RESIDENCES 1 + 2 PLANS AND EXTERIOR ELEVATIONSAdhered Thinstone (Mountain Ledge Sandstone)Channel LapSiding (Stained)Metal Corner Trim(Xtreme Trim)Cementitious Stucco(Integral Color)Fiber Cement Panel (Nichiha“ArchitecturalBlock”)Metal-Clad Wood Windows(Andersen E Series)Composite Shingles(Timberline UHD)Standing Seam Metal Roof(Berridge “Charcoal Grey”)METAL-CLADWOOD WINDOWS(ANDERSEN)METAL AND WOOD GUARDRAILCHANNEL LAPSIDING (STAINED)CEMENTITIOUS STUCCO (INTEGRAL COLOR)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)METAL-CLADWOOD WINDOWS(ANDERSEN)EXTERIOR LIGHT FIXTUREADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)METAL AND WOOD GUARDRAILMETAL-CLADWOOD WINDOWS(ANDERSEN) WITH METAL SURROUNDCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)METAL WINDOW SURROUNDEXPOSED TIMBER STRUCTUREDECORATIVE METAL CHIMNEY CAPEXPOSED TIMBER STRUCTUREEXPOSED TIMBER STRUCTUREUPDNUP1/8” = 1’-0”LOWER LEVEL FLOOR PLAN1/8” = 1’-0”ENTRY LEVEL FLOOR PLAN1/8” = 1’-0”LIVING LEVEL FLOOR PLANFLAT ROOF, BELOWMETAL STANDING SEAMFLAT ROOF, BELOWMETAL STANDING SEAMDECK, BELOWDECK, BELOWRIDGERIDGEVALLEYVALLEY3:123:124:124:124:122:122:12 2:121/8” = 1’-0”SIDE EXTERIOR ELEVATIONSTAIRLAUNDRYCLOSET 3BEDROOM 3BATH 2BEDROOM 2CLOSET 2MECHFAMILY ROOM(5’-7”x6’-9”)(13’-5”x12’-5”)(14’-6”x6’-0”)(13’-5”x12’-0”)(5’-10”x9’-0”)(16’-7”x11’-5”)(6’-5”x3’-11”)ENTRYSTAIRMUD2-CAR GARAGEHOME OFFICE(21’-11”x22’-6”)STORAGE(13’-5”x2’-0”)(11’-0”x13’-11”)(13’-1”x5’-6”)(6’-0”x9’-5”)BATH 3(8’-5”x9’-11”)KITCHENDININGLIVINGM. BEDROOMM. CLOM. BATHSTAIR(10’-9”x7’-9”)(14’-11”x9’-5”)(9’-2”x7’-5”)(13’-5”x14’-2”)(16’-0”x16’-0”)(12’-5”x16’-0”)OUTDOOR LIVING1/8” = 1’-0”RIVER EXTERIOR ELEVATION1/8” = 1’-0”ENTRY EXTERIOR ELEVATION1/8” = 1’-0”ROOF PLAN4’-0”8’-0”3’-0”3’-6”+100’-0”+111’-0”+122’-0”+141’-8”PROPOSED METER LOCATIONCHANNEL LAPSIDING (STAINED)EXTERIOR LIGHT FIXTURE+100’-0”+111’-0”+122’-0”+141’-8”+100’-0”+111’-0”+122’-0”+141’-8”43’-6”31’-0”(39’-0”BLDG HT)(48’-6”BLDG HT)(40’-6”BLDG HT)PROPOSED GRADEEXISTING GRADEPROPOSED GRADEEXISTING GRADEEXISTING GRADEPROPOSED GRADEAREA FORPV PANELSAREA FORPV PANELS1,010 (GROSS)TOTAL | 3,3571,104 (GROSS)1,243 (GROSS)3:12AREA FORPV PANELS3:12AREA FORPV PANELSDGE4:12Patinaed Copper(Entry Only)PATINAED COPPER AT ENTRY ONLYStained BoardFormed ConcreteEXPOSED TIMBER STRUCTUREAttachment B.2 © 2020 Zehren and Associates, Inc.east west partners07.20.2020The Residences at RiverfrontPLANNING AND ZONING SUBMITTAL - PHASE 47MODEL VIEWSNTSMASSING MODEL VIEWSRESIDENCES 3 + 4METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH METAL SURROUNDCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)EXPOSED TIMBER STRUCTUREDECORATIVE METAL CHIMNEY CAPCEMENTITIOUS STUCCO (INTEGRAL COLOR)METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH METAL SURROUNDCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)EXPOSED TIMBER STRUCTUREDECORATIVE METAL CHIMNEY CAPCEMENTITIOUS STUCCO (INTEGRAL COLOR)METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH PATINAED COPPER SURROUND, AT ENTRY ONLYCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)EXPOSED TIMBER STRUCTUREDECORATIVE METAL CHIMNEY CAPCEMENTITIOUSSTUCCO (INTEGRAL COLOR)METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH PATINAED COPPER SURROUND, AT ENTRY ONLYCHANNEL LAPSIDING (STAINED)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)EXPOSED TIMBER STRUCTURENTSPROPOSED EXTERIOR FIXTUREAttachment B.2 © 2020 Zehren and Associates, Inc.east west partners07.20.2020The Residences at RiverfrontPLANNING AND ZONING SUBMITTAL - PHASE 48RESIDENCES 3 + 4 PLANS AND EXTERIOR ELEVATIONSFIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)CEMENTITIOUS STUCCO (INTEGRAL COLOR)CHANNEL LAP SIDING (STAINED)ADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)METAL AND WOOD GUARDRAILMETAL-CLADWOOD WINDOWS(ANDERSEN)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)METAL-CLAD WOOD WINDOWS (ANDERSEN) WITH PATINAED COPPER SURROUNDADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)CEMENTITIOUS STUCCO (INTEGRAL COLOR)METAL AND WOOD GUARDRAILCHANNEL LAPSIDING (STAINED)EXPOSED TIMBER STRUCTUREEXPOSED TIMBER STRUCTURE1/8” = 1’-0”RIVER EXTERIOR ELEVATION1/8” = 1’-0”SIDE EXTERIOR ELEVATION1/8” = 1’-0”ROOF PLAN1/8” = 1’-0”GARDEN LEVEL FLOOR PLAN1/8” = 1’-0”ENTRY LEVEL FLOOR PLAN1/8” = 1’-0”LIVING LEVEL FLOOR PLANUPDNUPFAMILY ROOMHOME OFFICESTAIRBEDROOM 3LAUNDRYMECHBATH 3CLO 3(6’-10”x7’-11”)(6’-10”x2’-11”)(16’-0”x5’-11”)(11’-4”x11’-11”)(12’-9”x11’-11”)(17’-11”x15’-10”)M. BEDROOM 2STAIRDININGKITCHENM. BATH 2LIVINGM. CLO 2(9’-8”x11’-2”)(15-5”x7’-5”)(13’-1”x14’-1”)(11’-3”x15’-6”)(11’-6”x11’-11”)M. CLO 2M. CLO 2OUTDOOR LIVING2-CAR GARAGE(21’-5”x20’-11”)ENTRY/MUDSTAIRM. BEDROOMM. CLOM. BATHCOATS(7’-11”x14’-3”)(14’-2”x14’-7”)(9’-10”x10’-9”)(9’-10”x5’-5”)DN31' - 0"39' - 0"31’-0”39’-0”4’-0”EDGE OF DRIVEWAY,BELOWFLAT ROOF,BELOWDECK, BELOWEDGE OFDRIVEWAY,BELOWFLAT ROOF,BELOWDECK, BELOWRIDGE3:122:122:122:12+100’-0”+111’-0”+122’-0”+143’-6”+100’-0”+111’-0”+122’-0”+143’-6”3’-0”9’-0”CEMEN(INTEG1/8” = 1’-0”ENTRY EXTERIOR ELEVATION+122’-0”+143’-6”CEMENTITIOUS STUCCO (INTEGRAL COLOR)FIBER CEMENT PANEL (NICHIHA “ARCHITECTURAL BLOCK”)CHANNEL LAP SIDING (STAINED)(34’-6”BLDG HT)(46’-0”BLDG HT)(45’-0”BLDG HT)METAL-CLADWOOD WINDOWS(ANDERSEN) WITH PATINAED COPPER SURROUNDADHERED THINSTONE VENEER (MOUNTAIN LEDGE SANDSTONE)PROPOSED GRADEEXISTING GRADEPROPOSED GRADEEXISTING GRADEPROPOSED GRADEEXISTING GRADEEXTERIOR LIGHTFIXTUREEXTERIOR LIGHTFIXTUREAREA FORPV PANELSAREA FORPV PANELS1,154 (GROSS)TOTAL | 3,4621,154 (GROSS)1,154 (GROSS)3:12AREA FORPV PANELS2:12AREA FORPV PANELSAdhered Thinstone (Mountain Ledge Sandstone)Channel LapSiding (Stained)Metal Corner Trim(Xtreme Trim)Cementitious Stucco(Integral Color)Fiber Cement Panel (Nichiha“ArchitecturalBlock”)Metal-Clad Wood Windows(Andersen E Series)Composite Shingles(Timberline UHD)Standing Seam Metal Roof(Berridge “Charcoal Grey”)Patinaed Copper(Entry Only)Stained BoardFormed ConcreteSTAINED BOARD FORMED CONCRETESTAINED BOARD FORMED CONCRETEAttachment B.2 © 2020 Zehren and Associates, Inc. east west partners 06.16.2020The Residences at Riverfront 9MODEL VIEWS AERIAL VIEW FROM NORTHWEST Attachment B.2 © 2020 Zehren and Associates, Inc. east west partners 06.16.2020The Residences at Riverfront 10GROUND VIEW FROM SOUTHWEST MODEL VIEWS Attachment B.2 © 2020 Zehren and Associates, Inc. east west partners 06.16.2020The Residences at Riverfront 11AERIAL VIEW FROM SOUTHWEST MODEL VIEWS Attachment B.2 Attachment C 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 1 of 10 TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Quarter 2 Strategic Plan Update DATE: July 22, 2020 SUMMARY: The 2nd Quarter Strategic Plan update is provided for your review along with a table. This Q2 Update includes all the existing language in the Strategic Plan along with a narrative update. The 2nd Quarter of 2020 was dominated by the COVID-19 global pandemic. Emergency Declarations in Eagle County and the Town of Avon continued throughout this quarter. Both Eagle County and the State of Colorado issued multiple public health orders during this time. Avon implemented these public health orders which required attention and effort by all Avon departments. 2020 STRATEGIC PLAN as adopted in the 2020 Budget in December, 2019. INTRODUCTION The annual Strategic Plan is a component of the annual Budget. The Strategic Plan identifies new projects, programs and policies for the calendar year which are a priority for the Avon community. The Budget allocates the finances required to implement the Strategic Plan projects, programs and policies. The construction of capital improvement projects, implementation of new programs or the formulation of new policies are appropriate for the Strategic Plan. Projects, programs and policies are collectively referred to as “tasks” in the Strategic Plan. The Strategic Plan provides clear direction to Council and Staff for tasks that go beyond routine annual operations. The 2017 Avon Comprehensive Plan guides the Strategic Plan. The Comprehensive Plan includes many other adopted planning documents for the Town (collective referred to as the “Comprehensive Plan Documents”). The tasks in the Strategic Plan either implement capital improvements identified in the Comprehensive Plan Documents, advance the goals of the Comprehensive Plan Documents with new programs or policies, or improve the efficiency, accountability, and transparency of the Avon Town Government. The Avon Town Council adopts the Strategic Plan as part of the annual budget. The Town Manager shall (1) maintain and update a Strategic Plan schedule which shall identify the approximate timeframes for actions to implement the Strategic Plan, (2) shall determine the assignment and delegation of Strategic Plan tasks amongst Department Directors and Staff, and (3) shall submit a quarterly progress update promptly after the end of each quarter. Complex projects often require multi-year efforts and may include tasks from the prior year which carry-over, as well as tasks initiated this year that cannot be completed within a calendar year. Implementation of the Strategic Plan schedule can be impacted by unanticipated priorities, such as new or emerging policy issues, development applications which require intensive review and public involvement, and new opportunities with potential to benefit the Avon community. Council may amend or re-prioritize the Strategic Plan at any time. 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 2 of 10 COMMUNITY ENGAGEMENT Community engagement is an essential function of local government decision making. Avon Town Council has determined to improve and enhance community engagement practices to increase community participation. The following specific projects and policies are proposed for implementation in 2020 to expand and enhance Avon’s community engagement. 1. Improve Community Survey: The community survey is a valuable tool that can allow direct participation by the greatest number of community members to identify consensus on services and policies. Improvements to the Community Survey include (a) implementing an accessible, attractive and accountable on-line survey format, (b) significantly expanding participation from 355 to over 2,000, (c) offering a bilingual format, (d) sending to residents, property owners, and business owners, and (e) increasing frequency to even numbered years. The Community Survey should include approximately one-half re-occurring questions on Town services to track trends in community satisfaction and one-half questions on proposed or potential community programs, policies and investments. This project is on hold for 2020. Budget savings is $25,000. Council decided to proceed with Wildridge Neighborhood Survey which provides a scaled down version of a community wide survey. Wildridge Neighborhood Survey is expected to cost $10,000 or less, for a net savings of $15,000 or more in 2020. Staff will propose to conduct the Community Survey in 2021. 2. Website Enhancements: Enhancements to the Avon.org website are planned including (a) greater information on Town initiatives in an accessible and attractive format, (b) information on the status of various capital improvement projects, and (c) expanded opportunity for on-line sign-ups and reservations. Website Enhancements were implemented in the 2nd quarter, including the addition of “speed buttons” in the top bar (Comment, Newsletter, Municipal Code, Budget, Public Documents and Records Request). Improvements were also implemented for Town Initiatives. Staff is currently reviewing a proposal from Bang the Table for an enhanced community engagement add-on to the website which is used by many other communities. This website add-on will be presented to Council in the 3rd Quarter. Staff is steadily adding more fillable forms and on-line sign-ups. 3. Spanish Proficiency Initiative: Avon’s community is approximately one-half Hispanic and Spanish speaking. The Spanish Proficiency Initiative is intended to provide a modest financial incentive and recognition for Town employees who have conversational capability and full Spanish language fluency. This program is intended to increase the Town government’s ability to effectively communicate with Avon’s Spanish speaking members of the community. Spanish Proficiency Initiative was implemented in early 2020. We anticipate approximately 12 employees will take the conversational Spanish testing and 2 employees will take the full fluency Spanish testing. Testing and classes were delayed in 2nd quarter due to Covid-19 but has recently restarted. 4. New Property Owner Information Letter: An informational letter for new property owners is intended to welcome new residents and property purchasers to the Avon community, provide basic information on 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 3 of 10 the Town government, how to sign-up for the Town’s monthly newsletter, business licensing, short-term rental licensing and other basic information that may be useful for a new property owner. [NO UPDATE FROM Q1] The New Property Owner information letter was finalized in January and is sent to all new property owners in Avon. 5. Finance Committee: The Finance Committee is intended to involve community members in analyzing and understanding the Town’s budget and finances in relation to the Town’s economy and provide recommendations to the Avon Town Council as set forth in Resolution No. 19-15. Analysis of sales tax and accommodations tax fluctuations between heavy and light snow years is recommended. The Finance Committee was formed in early 2020. The Finance Committee recently reviewed the format of the Town’s Budget and potential changes in format to better convey financial information to the general public. The Finance Committee is also expected to review revenue projections during the 3rd quarter as information on the impacts of Covid-19 evolves and progresses. 6. Health and Recreation Committee: The Health and Recreation Committee is intended to involve community members to review, research and study (a) “health community” issues, (b) comparison to peer community recreation facilities and programs, and (c) design, programming and estimated costs for remodeling and potential expansion of the Avon Recreation Center. The Health and Recreation Committee held two meetings and reviewed materials options for the locker room remodel project. COMMUNITY HOUSING Avon Town Council adopted the first Town of Avon Community Housing Plan in December 2018. Goals and objectives of the Community Housing Plan include increase deed restricted homeownership opportunities and maintain or increase the current 55% year-round resident use of existing housing stock. The following goals are intended to continue implementation of the 2018 Avon Community Housing Plan. 1. Wildwood Property: Continue site assessment, including physical assessment of soils and topography and review of title issues related to Wildridge covenants. Pursue entitlement process including preparation and submittal of a Planned Unit Development Amendment application through the public process to change permitted use from open space to Community Housing. Solicit and explore partnerships to construct housing when appropriate based on results of site assessment process. This project is currently on hold until the Town receives the results from the Wildridge Neighborhood Survey. 2. Wildridge Fire House: Conduct design work and develop cost estimates to renovate ground floor into another employee housing unit. This project is currently on hold until the Town receives the results from the Wildridge Neighborhood Survey. 3. Prepare and Implement a Deed Restriction Purchase Program: Vail has adopted a successful deed restriction program named “Vail In-Deed”. An Avon deed restriction investment program will be proposed 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 4 of 10 along with preliminary market analysis, review of various forms of deed restrictions, and anticipated funding requirements. This project has been implemented, was branded ¡MiCasa Avon! and is now live. The Review Committee is currently reviewing our first application. 4. Dedicated Housing Fund Revenues: Research and present for consideration potential revenue sources that could be dedicated to the Housing Fund. Staff had conducted preliminary research on potential tax and revenues sources to be dedicated to an Avon Housing Fund. Staff will assemble our research into a written report. Staff is not anticipating proceeding further with a dedicated funding source for the Avon Housing Fund in 2020 at this time due to the COVID-19 pandemic and dramatic shift in financial outlook. Options for Dedicated Housing Fund Revenues will be presented to Council in the 3rd Quarter. 5. Swift Gulch Property: Conduct design and site feasibility analysis for employee housing project. Explore partnership opportunities with Habitat for Humanity and other potential partners. Surveying work has been scheduled and conducted. Town is waiting to receive this information. 6. East Avon Parcel: Conduct site design and feasibility analysis for future Community Housing project on a portion of the Town owned “East Avon parcel” which the Town acquired from the U.S. Forest Service. Surveying work has been scheduled and conducted. Town is waiting to receive this information. 7. Housing Partnerships: Explore opportunities to work with property owners and potential regional partners to facilitate housing projects, with an emphasis on for-sale housing product and with an emphasis on Tract Y, Metcalf Road and the Village (at Avon). [NO UPDATE FROM Q1] Staff and Town Council initially discussed and explored potential partnerships. Housing partnerships are on-hold until there is a specific property with housing development interest and proper entitlements for housing development. 8. Monitor Primary Resident RETT Exemption: Prepare quarterly reports for Council information regarding the use of the increased Real Estate Transfer Tax exemption for primary residents. Staff created a Quarterly Primary Resident RETT Exemption form. NOTTINGHAM PARK Improvements to Nottingham Park implement a variety of identified projects in the Nottingham Park Plan and Town Owned Properties Plan. Improvements are coordinated for efficiency, design cohesion and multi- purpose functionality. The timing and cost of improvements are described in the Capital Improvements Plan. 1. Old Town Hall Site/Public Restrooms: Commence demolition of the old Town Hall in early spring of 2020. Design of public restrooms at the old Town Hall site in 2020. The size of the public restrooms is anticipated to serve events at the Avon Pavilion and Main Field of approximately 2,000 persons. Commence construction in 2021. Design should incorporate potential additions in the future for facilities or infrastructure to support events at the Avon Pavilion/Main Field area. Related improvements include 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 5 of 10 renovating the seating wall to match the Avon Pavilion stage and improvements to the patio and picnic seating area. Design consideration will include installing lighting. Staff conducted a request for bids to demolish the old Town Hall which came in significantly over budget. Staff rebid the portion of the project to move public utilities. This project was placed on hold due to the need to order a specialized electrical part. No further work has occurred on the demolition of old Town Hall per Council direction. 2. Design and Expand Parking for North Access: Design expanded parking along the north side of West Beaver Boulevard along with pedestrian crossing improvements in 2020. Commence construction in fall 2020 or early spring 2021. No work has started on this. Staff anticipates that the engineering designs can be prepared in- house. We ordered CAD software for Eva Wilson and designs are expected in the 3rd Quarter. 3. Beach Area Public Restrooms: Conduct preliminary design for public restrooms to be located adjacent to the existing north parking area (Lot 16, Benchmark Subdivision) to determine cost estimate for future public restrooms. Install screening and additional porta-lets near the beach area. No work conducted to date. PZC approved a design for a simple three wall, no roof, screen using rough cut posts and rusted corrugated metal siding. Installation has not yet occurred due to focus on public health orders, irrigation system repairs, and catching-up with landscaping. Screening will likely be deferred to spring of 2021 to coordinate with West Nottingham Park improvements. 4. Landscape Enhancements to West Nottingham Park: Design and install landscape enhancements to the West Nottingham Park area. Bids to install the landscape enhancements come in high and companies were not able to schedule the work until late summer, early fall. Staff intends to re-bid for spring of 2021. 5. Field Improvements to West Nottingham Park: Prepare concept plans to remove softball field and chain link back stop, install grass, and establish an adult soccer field and smaller children’s soccer field to support multiple soccer play. Solicit community input before finalizing designs. Proceed with implementation in spring 2020 if community support exists for project. Bids to install the landscape enhancements come in high and companies were not able to schedule the work until late summer, early fall. Staff intends to re-bid for spring of 2021. COMMUNITY PLANNING AND DESIGN Community Planning and Design is an essential process of community involvement that strives to achieve strong consensus, practical and complimentary coordination between public and private improvements, consistency with previous plans and cost-effective implementation of community improvements. The following projects address specific projects where additional planning and design is required before the Town considers additional investment. 1. Pedestrian Mall Design: Conduct design process for the extension of the Main Street Pedestrian Mall from Lettuce Shed Lane to the west to Nottingham Park, including details for phased construction, crossing of Mikaela Way, and a temporary route and improvements across the existing Avon Recreation 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 6 of 10 Center parking area. This design project is integral to Town’s long-standing plans to connect Avon’s accommodation core area to Nottingham Park. [NO UPDATE FROM Q1] Pedestrian Mall Design is contemplated to coincide with designs for the Lot B hotel. Staff has not received revised designs for the Lot B hotel to date. 2. Convention Center Preliminary Analysis: Council provided direction in fall 2019 to commission a study on the feasibility of a convention center in Avon. Potential areas for a convention center include (a) the former Town Hall property and former Avon Station Fire District property and (b) the northside of Planning Area A in the Village (at Avon). Retain a qualified consultant to conduct preliminary analysis of the market feasibility and potential economic benefits of a convention center. Such analysis should include, but not be limited to: determination of existing conventions centers in peer communities in Colorado, consideration of optimum convention center size for Avon, identification of required site size and required lodging base to support convention center, and estimates of required public financial participation. [NO UPDATE FROM Q1] This project is on hold due to COVID-19 business closures and impact to Town budget. Funds for this project were not in the 2020 budget and Staff does not contemplate available funds. Initial work was performed to contact potential consultants and develop a draft Request for Proposal. 3. Joint Planning for Planning Area A, Village (at Avon): Planning Area A, Village (at Avon) comprises 43 acres which is designated for high-density, mixed-use, commercial core development similar with the Town Center zone district. This Planning Area is anticipated for development of large accommodation buildings and mixed-use high-density residential with ground level retail. A preliminary planning analysis to consider road layout, pedestrian access, multi-modal transportation support is desired to generate a planning concept for development of this area that will facilitate high quality investment and development. This joint planning process anticipates partnership funding from the Town of Avon, Traer Creek-RP and/or Traer Creek Metropolitan District and the Department of Local Affairs. A preliminary planning analysis is intended to provide guidance for additional planning work on Planning Area A. [NO UPDATE FROM Q1] This project is on hold due to COVID-19 business closures and impact to Town budget. Funds for this project were not in the 2020 budget and Staff does not contemplate available funds. 4. 351 Benchmark Planning: 351 Benchmark (old Avon Fire Station) presents a very unique opportunity for redevelopment and/or re-use. Formulate a community-based planning process for potential redevelopment and/or re-use of the old Avon Fire Station property. Incorporate questions into the 2020 Community Survey. Research examples and estimated costs of potential alternatives for redevelopment. [NO UPDATE FROM Q1] No planning work has commenced on this project. The Culture, Arts and Special Events Committee will review ideas and examples from peer communities for use as an artist facility (both studio space and residential opportunities). 5. USFS Road 779: Coordinate with U.S. Forest Service to develop plans for maintenance and potential re-alignment of U.S.F.S. Road 779 with the goal to preserve public access. Conduct appropriate public 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 7 of 10 process on conceptual designs. Consider developing parking, gates and signage on Wildridge Road rather than at the Avon/USFS boundary. Staff met with U.S. Forest Service representative this winter and understand that the U.S. Forest Service will schedule an engineer to analyze existing site conditions this spring. This project is on hold until Town receives results from the Wildridge Neighborhood Survey. 6. Dog Park: Research, and implement if possible, a dog park in Avon for the Avon community. [NO UPDATE FROM Q1] Staff is researching dog parks and will present a written report to Council in May or June. County-Wide Wildlife Planning: The Roundtable is a large group of local and regional land managers who started meeting early 2020. The Roundtable is focused on maintaining healthy populations of terrestrial and avian wildlife species of local concern (i.e. protecting fragmentation and other impacts, corridors, seasonal feeding, wetlands). Currently, the Roundtable is working on an Action Plan to solidify strategies to support the local wildlife populations. Both Charise Bishop and Matt Pielsticker have been attending virtual meetings, typically scheduled once per month. The Action Plan will be shared with the Town Council when the draft is completed. Eagle County Comprehensive Plan Update: No updates during 2nd Quarter. CLIMATE ACTION The Avon Town Council adopted the Climate Action Plan for the Eagle County Community in December 2016 and joined the Climate Action Collaborative in Eagle County. The following projects set forth specific implementation actions which are intended to help Avon reach the stated Climate Action Plan goal of reducing greenhouse gas emissions by 25% by 2025 as compared to greenhouse gas emissions in 2014. 1. Waste Reduction and Recycling: Fully implement best practices for waste reduction and recycling for all Avon Town Facilities and for all Avon sponsored events. Install uniform trash and recycling containers throughout Town. Contact lodging and multi-family developments to determine existing practices and promote waste reduction and recycling where possible. Staff has implemented composting for Town facilities. Council approved acquiring recycling containers to pair with all outside trash containers and we are in the process of finalizing the order. Staff has not yet begun to contact multi-family developments to determine existing waste reduction and recycling practices. 2. PuRE Program: Actively promote Holy Cross Energy customers in Avon to sign-up for 100% renewable electricity under the PuRE program. Measure progress in sign-ups. Establish five-year community wide goals in 2020. [NO UPDATE FROM Q1] Staff scheduled a “Tacos for Climate Action” event at the Westin in March; however, this was cancelled due to health orders and business closures. 3. Baseline Inventory: Perform a baseline inventory of the Avon Town government’s 2014 greenhouse gas emissions and the entire Avon community. Post baseline inventory information along with Climate Action projects and progress towards Climate Action goals on the Town’s website. 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 8 of 10 [NO UPDATE FROM Q1] Staff has performed initial gathering of information. Staff expects to provide a written report describing available information in Q3. 4. Fleet Inventory: Evaluate Avon’s vehicle fleet inventory and determine 2014 baseline for greenhouse gas emissions. Prepare plan to update and convert Avon vehicle fleet to achieve 25% greenhouse gas reduction by 2025. [NO UPDATE FROM Q1] Fleet has prepared initial information. A written report should be provided to Council by end the of Q2. 5. Expanded Polystyrene Reduction: Implement expanded polystyrene regulations and restrictions. Determine existing usage and amount of reduction resulting from regulations. Council adopted an ordinance which was dependent upon state legislation. The state legislation did not pass. No state legislation on restricting polystyrene was reconsidered when the state legislature reconvened. 6. Eagle County Climate Action Collaborative: Participate in the Eagle County Climate Action Collaborative, develop and implement specific programs and events for Avon. Pursue regional opportunities to enhance bus transportation and ridership. Avon continues to participate. Staff has recently started to pick-up on our efforts and we hope to present data, recommendations and options in Q3. The Climate Action Collaborative recently held a local government meeting with managers and elected officials to discuss priorities and progress and the consensus was to focus on transit and get started with a community wide process to explore enhancing transit. 7. Net Zero Communities: Research Net Zero communities and practices, present findings and recommendations for implementation in Avon. [NO UPDATE FROM Q1] Staff has not started research on Net Zero Communities. MULTI-MODAL IMPROVEMENTS The Avon Town Council adopted a Multimodal Transportation and Parking Plan, dated July 6, 2017. The following projects implement goals of the Multimodal Transportation and Parking Plan. 1. I-70 Underpass Enhancements: Conduct designs to enhance for the west side of the I-70/Avon Road underpass and proceed with construction. Staff is proceeding with design of the I-70 underpass project per Council direction. Bidding would likely occur in late 2019. 2. Zagster Bike Share: Explore expansion of Zagster bike share program, including stations, sponsorships and partnerships with outside organizations. Zagster Bike Share has discontinued operations. Staff is seeking to have bike racks removed. 3. Parking Management Plan: Research parking management demands and potential programs for the Avon commercial core and Tract G area including, but not limited to, implementation of parking kiosks and integration of smart phone parking apps. 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 9 of 10 Mobility has researched potential programs for a parking management plan. A written report has been delayed due to response to various transit changes. Staff expects to submit a written report in Q3. 4. Railway Use: Explore opportunities for a cross-country ski track and allowing railbikes from Edwards to Minturn. Research and present costs for acquiring and operating snowmobile, trail groomer, and staffing to set and maintain cross-country ski trail. Potential railway use was discussed at Mayors/Managers meeting and there have been recent conversations to give more attention to use of the rail line. Staff will present costs for trail grooming in Q3. ENVIRONMENTAL The following projects implement areas of environmental concern not addressed elsewhere in the Strategic Plan or in the general operations of the Town. 1. Water Quality Improvement: Coordinate with the Eagle River Watershed Council to develop and implement plan to reduce constituent loading to Eagle River in Avon with the goal of improving water quality. Implement Avon’s CIP Plan to install stormwater interceptors on Avon Road. [NO UPDATE FROM Q1] Eagle River Watershed Council is on hold due to COVID-19 health orders. The Water Council plans to conduct a conference call in July and potentially restart the watershed efforts this fall. Staff is proceeding with plans to install storm water interceptors on Avon Road. 2. Noxious Weed Regulation Enforcement: Educate and notify property owners concerning noxious weed regulations. Actively monitor and administer enforcement in 2020. Charise Bishop successfully prepared and sent noxious weed information. We have not identified any properties that require additional notice or enforcement at this time. 3. Ground Squirrel: Reduce or eliminate Richardson Ground Squirrel population. Research third party services to assist. Staff retained Orkin who deployed bait traps and which has abated the population. Staff is exploring are more structured, timely and effective plan for next year. GOVERNMENTAL The following projects implement general areas of improvement to the Town of Avon’s local government operations to increase efficiency, implement community projects, or provide additional services to the community. 1. Water Tap Fees: Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home sizes. Amend water tap fee schedule as determined appropriate by Council. Town Engineer prepared a written report in January and Council provided direction to take no further action on this topic. 2020 Strategic Plan 2nd Quarter Report July 23, 2020 Page 10 of 10 2. Procurement Code: Research procurement codes with peer communities, re-evaluate the current Town Manager authorization to sign contracts up to $100,000, present an updated procurement code for adoption by Council. Staff is reviewing a draft Procurement Code and expects to present to Council in August. 3. Install Photo Monuments: Design and install photo monuments around Avon’s commercial core to memorialize Avon’s history. Submit design, estimated costs and proposed locations to Town Council for public review prior to construction. Council approved proceeding with this project. Work continues on the plan to install photo monuments throughout the Town Core to commemorate Avon’s broad history. Staff engaged Kathy Heicher, Eagle County Historical Society, to assist with research and drafting sign content. Fine Sign Company has also been contracted to professionally lay out and construct/install the signage when complete. Installation is expected later this summer. 4. GIS Improvements: Many communities have extensive GIS data which is consolidated, publicly accessible, and regularly updated. Research existing GIS data across Departments, utilization of GIS data by peer communities, and costs to implement and maintain an updated GIS data base for Avon. [NO UPDATE FROM Q1] No progress during Q1. 5. Business Map: Research options and cost to develop an Avon business map that can be available in a convenient smart phone app form and can be printed in hard copy. [NO UPDATE FROM Q1] No progress during Q1. 6. Sister City: Research sister city programs, identify costs, program activities, and benefits. Present findings to Council for direction and determination of further interest. [NO UPDATE FROM Q1] Avon’s intern conducted some initial research. This project is low priority and Staff expects to present a written report in Q3. 7. Community Broadband: Conduct Request for Proposal for consulting services to consider joining project THOR and consider other means of broadband expansion. Conduct survey of major business entities in Avon to determine interest in potential broadband improvements. Survey existing assets. Conduct community survey to determine preferences. Staff has negotiated a scope of work for HR Green to proceed with broadband planning. Significant progress is expected in Q3. KEY 2020 STRATEGIC PLAN - Q1 Update Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec COMMUNITY ENGAGEMENT 1. Improve Community Survey 2. Website Enhancements 3. Spanish Proficiency Initiative 4. New Property Owner Information Letter 5. Finance Committee 6. Health and Recreation Committee COMMUNITY HOUSING 1. Wildwood Property 2. Wildridge Firehouse 3. Deed Restriction Purchase Program 4. Dedicated Housing Fund Revenues 5. Swift Gulch Property 6. East Avon Property 7. Housing Partnerships 8. Monitor Primary Resident RETT Exemption NOTTINGHAM PARK 1. Old Town Hall Site/Public Restrooms 2. Design and Expand Parking for North Access 3. Beach Area Public Restrooms 4. Landscape - West Nottingham Park 5. Field Improvements - West Nottingham Park COMMUNITY PLANNING AND DESIGN 1. Pedestrian Mall Design 2. Convention Center Preliminary Analysis 3. Joint Planning for PA-A (Village at Avon) 4. 351 Benchmark Planning 5. USFS Road 779 6. Dog Park 7. Eagle County Comprehensive Plan 8. County-Wide Wildlife Planning CLIMATE ACTION 1. Waste Reduction and Recycling 2. PuRE Program 3. Baseline Inventory 4. Fleet Inventory 5. Expanded Polystyrene Reduction 6. Eagle County Climate Action Collaborative 7. Net Zero Communities MULTI-MODAL IMPROVEMENTS 1. I-70 Underpass Enhancements 2. Noxious Weed Regulation Enforcement 3. Ground Squirrel GOVERNMENTAL 1. Water Tap Fees 2. Procurement Code 3. Install Photo Monuments 4. GIS Improvements 5. Business Map 6. Sister City 7. Community Broadband No Action PausedActive Stopped Completed 970-748-4055 swright@avon.org 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council Members FROM: Paul Wisor, Town Attorney; Scott Wright Assistant Town Manager and Finance Director RE: Ordinance 20-09 – Amendment to Section 3.08 of the AMC To Provide for the Collection of Taxes on Remote Sales DATE: July 21, 2020 SUMMARY: Ordinance 20-09 is provided to Council in order to assure the Town can collect sales taxes through a newly established statewide portal, and do so in compliance with certain standards set forth in a recent Supreme Court case. BACKGROUND: In 2018, the United States Supreme Court issued its opinion in South Dakota v. Wayfair, holding states may impose taxes on sales made by sellers without a physical presence in the state in which the tax was imposed. The Court reasoned such a tax is permissible so long as the taxing system is not overly burdensome on the out-of-state sellers. In response to Wayfair, the Colorado General Assembly adopted, and the Governor signed, SB 19-06, which provides for the establishment of a Sales and Use Tax Software system (“SUTS”). SUTS is an internet portal that provides for the collection of remittance of sales and use taxes (of course, Avon does not currently have a use tax). SUTS is intended, in light of Wayfair, to establish a less burdensome means by which sellers may remit sales and use taxes. In order to assure it is able to collect sales taxes imposed on out-of-state sellers without a physical presence in Avon, the Town has entered into an agreement with the State to join SUTS. PROPOSED ORDINANCE: In Wayfair, the Supreme Court made clear that any system that imposed sales taxes on out-of-state sellers without a physical presence in the taxing jurisdiction could not place an undue burden on the seller. SUTS goes a long way to easing perceived burdens on out-of-state sellers. However, Colorado, more so than other states, has a myriad of taxing jurisdictions with a variety of approaches to the imposition and collection of sales taxes, including statutory municipalities, special districts and self-collecting home rule municipalities. As such, out-of-state sellers are forced to comply with hundreds of regulatory approaches to sales tax collection. A working group formed by the Colorado Municipal League and the Colorado Department of Revenue determined uniformity with respect to basic provisions in sales tax ordinances would reduce the burdens on out-of-state sellers, and therefore assure municipalities, including the Town, would be in compliance with Wayfair when utilizing SUTS. Therefore, CML and the Department of Revenue have strongly recommended all home rule municipalities utilizing SUTS adopt the provisions contained in Ordinance 20-09. In order to enhance compliance with Wayfair, Ordinance 20-09 adopts certain uniform definitions:  Economic Nexus  Engaged in business in the Town  Marketplace  Marketplace facilitator  Marketplace seller  Multichannel seller Page 2 of 2  Vendor The ordinance also clarifies that third-party facilitators must provide for the remittance of taxes owed by out- of-state sellers. FINANCIAL CONSIDERATIONS: Adoption of Ordinance 20-09 will not result in additional Town expenditures. RECOMMENDATION: Staff recommends approval of Ordinance 20-09. PROPOSED MOTION: “I move to approve First Reading of Ordinance 20-09, amending Chapter 3.08 of the Avon Municipal Code to provide for the collection of taxes on remote sales and set a public hearing for second reading on August 11, 2020.” Thank you, Paul and Scott ATTACHMENTS: Exhibit A – Ordinance 20-09 Ord 20-09 AMENDING CODE SECTION 3.08 [Draft: July 28, 2020] Page 1 of 6 ORDINANCE NO. 20-20-09 AMENDING SECTION 3.08 OF THE AVON MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION OF TAXES ON REMOTE SALES WHEREAS, the Town of Avon, Colorado, (the “Town”), is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; and WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact, administer and enforce sales taxes is clearly within the constitutional grant of power to the Town and is necessary to raise revenue with which to conduct the affairs and render the services performed by the Town; and WHEREAS, pursuant to such authority, the Town has adopted and enacted a Sales Tax Code (the “Code”), under which Town sales tax is levied on all sales and purchases of tangible personal property or taxable services at retail unless prohibited, as applicable to the provision of this Ordinance, under the Constitution or laws of the United States; and WHEREAS, the United States Supreme Court in South Dakota v. Wayfair, 138 S.Ct. 2080 (2018), overturned prior precedent and held that a State is not prohibited by the Commerce Clause of the United States Constitution from requiring a retailer to collect sales tax based solely on the fact that such retailer does not have a physical presence in the State (“Remote Sales”); and WHEREAS, based upon such decision, the retailer’s obligation to collect Remote Sales is no longer based on the retailer’s physical presence in the jurisdiction by the Constitution or law of the United States, and the Code needs to be amended to clearly reflect such obligation consistent with said decision; and WHEREAS, the delivery of tangible personal property, products, or services into the Town relies on and burdens local transportation systems, emergency and police services, waste disposal, utilities and other infrastructure and services; and WHEREAS, the failure to tax remote sales creates incentives for businesses to avoid a physical presence in the State and its respective communities, resulting in fewer jobs and increasing the share of taxes to those consumers who buy from competitors with a physical presence in the State and its municipalities; and WHEREAS, it is appropriate for Colorado municipalities to adopt uniform definitions within their sales tax codes to encompass marketplace facilitators, marketplace sellers, and multichannel sellers that do not have a physical presence in the Town, but that still have a taxable connection with the Town; WHEREAS, the goal of adopting this ordinance is to join in on the simplification efforts of all the self-collecting home rule municipalities in Colorado; and Ord 20-09 AMENDING CODE SECTION 3.08 [Draft: July 28, 2020] Page 2 of 6 WHEREAS, this ordinance provides a safe harbor to those who transact limited sales within the Town; and WHEREAS, absent such amendment, the continued failure of retailers to voluntarily apply and remit sales tax owed on remote sales exposes the municipality to unremitted taxes and permits an inequitable exception that prevents market participants from competing on an even playing field; and WHEREAS, the Town adopts this ordinance with the intent to address tax administration, and, in connection with, establish economic nexus for retailers or vendors without physical presence in the State and require the retailer or vendor to collect and remit sales tax for all sales made within the marketplace. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 3.08.010 - Words and phrases defined. The following definitions contained in Section 3.08.010 are hereby amended to read as follows with strike out indicating language to be deleted and underline indicating language to be adopted: Economic Nexus means the connection between the Town and a person not having a physical nexus with the State of Colorado, which connection is established when the person or marketplace facilitator makes retail sales into the Town, and: a. In the previous calendar year, the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c); or b. In the current calendar year, 90 days has passed following the month in which the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c). This definition does not apply to any person who is doing business in this state but otherwise applies to any other person. Engaged in Business in the Town means performing or providing services or selling, leasing, renting, delivering or installing tangible personal property, products, or services for storage, use or consumption, within the Town. Engaged in Business in the Town includes, but is not limited to, any one (1) of the following activities by a person: a. Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; b. Sends one (1) or more employees, agents or commissioned salespersons into the taxing Ord 20-09 AMENDING CODE SECTION 3.08 [Draft: July 28, 2020] Page 3 of 6 jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; c. Maintains one (1) or more employees, agents or commissioned sales persons on duty at a location within the taxing jurisdiction; d. Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; e. Makes more than one delivery into the taxing jurisdiction within a twelve-month period; or f. By any means other than a common carrier Makes retail sales sufficient to meet the definitional requirements of economic nexus as set forth in this section Marketplace means a physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, taxable products, or taxable services are offered for sale. Marketplace Facilitator a. Means a person who: (1) Contracts with a marketplace seller or multichannel seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller’s tangible personal property, products, or services through the person’s marketplace; (2) Engages directly or indirectly, through one or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or multichannel seller; and (3) Either directly or indirectly, through agreements or arrangements with third parties, collects payment from the purchaser on behalf of the seller. b. Marketplace Facilitator does not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. Marketplace Seller means a person, regardless of whether or not the person is engaged in business in the Town, which has an agreement with a marketplace facilitator and offers for sale tangible personal property, products, or services through a marketplace owned, operated, or controlled by a marketplace facilitator. Multichannel Seller means a retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means. Retailer or Vendor means any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: Ord 20-09 AMENDING CODE SECTION 3.08 [Draft: July 28, 2020] Page 4 of 6 a. Auctioneer; b. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; c. Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; d. Retailer-contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property.; e. Marketplace facilitator, marketplace seller, or multichannel seller. Section 3. Amendment to Section 3.08.020 – Sales tax levy. Section 3.08.020 is hereby amended by the addition of the following new subsection (5): (5) Upon the purchase price paid or charged upon all marketplace sales (a) (1) A marketplace facilitator engaged in business in the Townis required to collect and remit sales tax on all taxable sales made by the marketplace facilitator, or facilitated by it for marketplace sellers or multichannel sellers to customers in the Town, whether or not the marketplace seller for whom sales are facilitated would have been required to collect sales tax had the sale not been facilitated by the marketplace facilitator. (2) A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a retailer or vendor as defined by Section 3.08.010. Marketplace facilitators shall be liable for the taxes collected from marketplace sellers or multichannel sellers. The Town may recover any unpaid taxes, penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf of marketplace sellers or multichannel sellers. (3) The liabilities, obligations, and rights set forth under this article are in addition to any duties and responsibilities of the marketplace facilitator has under this article if it also offers for sale tangible personal property, products, or services through other means. (4) A marketplace seller, with respect to sales of tangible personal property, products, or services made in or through a marketplace facilitator’s marketplace, does not have the liabilities, obligations, or rights of a retailer under this article if the marketplace seller can show that such sale was facilitated by a marketplace facilitator: a. With whom the marketplace seller has a contract that explicitly provides that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this article; or b. From whom the marketplace seller requested and received in good faith a certification that the marketplace facilitator is registered to collect sales tax and will collect sales tax on all sales subject to tax under this article made in or through the marketplace facilitator’s marketplace. (5) If a marketplace seller makes a sale that is not facilitated by a licensed marketplace facilitator in a marketplace, the marketplace seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other retailer.. Ord 20-09 AMENDING CODE SECTION 3.08 [Draft: July 28, 2020] Page 5 of 6 (b) Auditing. With respect to any sale, the Town shall solely audit the marketplace facilitator for sales made by marketplace sellers or multichannel sellers but facilitated by the marketplace. The Town will not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator. Section 4. No retroactive application. No obligation to collect the sales and use tax required by this article may be applied retroactively. Responsibilities, duties and liabilities described in Section 5(a) of a marketplace facilitator, marketplace seller, or multichannel seller begin upon licensure or when the municipal sales taxes were first collected from taxable sales made to retail customers prior to licensure. Section 5. 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 6. Effective Date. This ordinance shall become effective on the first day of the month that is at least thirty (30) days after date of its adoption. Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 20-09 AMENDING CODE SECTION 3.08 [Draft: July 28, 2020] Page 6 of 6 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on July 28, 2020 and setting such public hearing for August 11, 2020 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 August 11, 2020. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney 970-748-4034 rmckenner@avon.org 970-748-4118 gpadilla@avon.org 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Council Members FROM: Paul Wisor, Town Attorney; Robert McKenner, IT Manager; Gary Padilla, Director of Public Works RE: Ordinance 20-10 – Amendment to Section 12.04.380 of the Avon Municipal Code to Require the Installation of Conduit in Public Streets DATE: July 21, 2020 SUMMARY: Ordinance 20-10 is provided to Council in order to grant authority to the Town Manager and Director of Public Works to require the installation of conduit in connection with the issuance of a street excavation permit. BACKGROUND: As a general matter, installing high-speed fiber-optic infrastructure is incredibly expensive. A Federal Highway Administration report estimates up to 90 percent of this cost was tied up in the process of actually digging up roadways rather than the fiber lines themselves. As a result, many municipalities have pursued the concept of future-proofing public rights-of-ways during road construction projects. This concept, referred to as “Dig Once,” mandates the inclusion of broadband conduit —flexible plastic pipes which can be used to more easily install fiber-optic communications cable— during the construction of any road, so fiber and broadband can be installed with greater ease in the future. This practice effectively eliminates the need to dig up recently-paved roads to expand broadband infrastructure, significantly reducing the cost of building out internet access. PROPOSED ORDINANCE: Ordinance 20-10 would codify the Dig Once policy articulated above. It would require permittees to place conduit in the right-of-way and under public street streets as a condition of street cut permits where construction/digging into the right of way is necessary. The Town Manager or Director of Public Works is empowered to impose requirements for such installation, and place conditions of the permits they deem necessary and appropriate. Ordinance 20-10 also empowers the Town Manager and Director or Public Works to adopt whatever regulations it may deem necessary to implement and enforce the provisions of the ordinance. FINANCIAL CONSIDERATIONS: Adoption of Ordinance 20-10 will not result in additional Town expenditures. RECOMMENDATION: Staff recommends approval of Ordinance 20-10. PROPOSED MOTION: “I move to approve First Reading of Ordinance 20-10, amending Section 12.04.380 of the Avon Municipal Code to require the installation of conduit in public streets and set a public hearing for second reading on August 11, 2020.” Thank you, Paul Robert and Gary ATTACHMENTS: Exhibit A – Ordinance 20-10 Ord 20-10 AMENDING CODE SECTION 12.04.380 [Draft: July 28, 2020] Page 1 of 4 ORDINANCE NO. 20-10 AMENDING SECTION 12.04.380 OF THE TOWN MUNICIPAL CODE TO REQUIRE THE INSTALLATION OF CONDUIT IN PUBLIC STREETS WHEREAS, the Town of Avon, Colorado (“Town”) is a Colorado home rule municipality with all the powers granted to it under its home rule charter and to all municipalities under the laws of the State of Colorado; and WHEREAS, such powers include regulating the use of and construction within Town- owned streets and rights-of-way; and WHEREAS, as stated in Section 12.04.010 of the Town Municipal Code (“Code”), work within the public ways must be regulated in the interest of the public health, welfare and safety for the protection of the people of the Town and of all persons using or relying upon the public ways of the Town; and WHEREAS, to ensure that the infrastructure needed to provide telecommunication, broadband, and other similar services to residents of the Town is available and to facilitate the Town’s ability to provide those services, it is desirable that empty conduit be installed in Town streets when they are otherwise opened in connection with public or private construction in Town rights-of-way; and WHEREAS, the Town Council finds that having the ability to require the installation of empty conduit in public streets will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment. Section 12.04.380 of the Town Code is hereby amended to include a new subsection, which subsection shall be known as 12.04.380(14) and provide as follows: Ord 20-10 AMENDING CODE SECTION 12.04.380 [Draft: July 28, 2020] Page 2 of 4 (14) Conduit. As a condition of performing work in a public way and obtaining a permit for the same as provided in this Chapter, the Town Manager or Director of Public Works may require the installation of empty shadow conduit with tracer wire and associated infrastructure at the cost and expense of the permit holder. The Town Manager or Director of Public Works has the discretion to require the installation of such conduit when a permit is issued for the following: a. A pit, trench, hole, opening, digging or excavation across the entire paved width of a roadway; b. A pit, trench, hole, opening, digging or excavation of 100 feet or more parallel to a roadway; or c. Any other pit, trench, hole, opening, digging or excavation that provides a similar opportunity to install shadow conduit. The Town Manager or Director of Public Works may adopt permit application forms, procedures and criteria which are not inconsistent with this Section 12.04.380. The security posted for a permit issued under this Chapter will not be returned until a shape file compatible with ARC GIS noting the location(s) of the shadow conduit is provided to the Director of Public Works. Conduit specifications must comply with the Town’s Public Works Manual, as may be amended from time to time, and/or as may be approved by the Director of Public Works. The minimum conduit size must be two inches in diameter, and it is within the Town Manager or Director or Public Works’ discretion to require larger diameters. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ord 20-10 AMENDING CODE SECTION 12.04.380 [Draft: July 28, 2020] Page 3 of 4 Section 6. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 20-10 AMENDING CODE SECTION 12.04.380 [Draft: July 28, 2020] Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on July 28, 2020, and setting such public hearing for August 11, 2020, 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 August 11, 2020. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra Underwood, Jake Wolf, Scott Prince, and Chico Thuon. Councilor Fancher was absent. Also present were Mobility Director Eva Wilson, Public Works Director Gary Padilla, Human Resources Director Lance Richards, Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Town Manager Eric Heil, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:35 Councilor Fancher joined at 5:01 p.m. Mayor Smith Hymes pulled off item 7.3 from the written reports and added it as business item 5.3A. Councilor Underwood requested to pull item 7.4 from the written reports. Mayor Smith Hymes put this as business item 5.7. Mayor Pro-Tem Phillips requested to pull item 6.2 from the consent agenda. Mayor Smith Hymes put this as business item 5.4A. Councilor Wolf requested to pull items 6.5 and 6.1 from the consent agenda. Mayor Smith Hymes put these as business items 5.8 and 5.9. He also requested to add a discussion to update the Town Charter and a discussion on Rank Choice Voting under future agendas. Councilor Underwood moved to approve the agenda as amended. Councilor Fancher seconded the motion and it passed by a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:07:05 Town Attorney Paul Wisor disclosed that Councilor Wolf has been asked to perform at Town produced or Town sponsored concerts this summer and he will be compensated for those services and that needs to be addressed tonight. Councilor Wolf clarified that the reason is because he is unable to access to his Tax form 1099 for mileage due to the stipend from the Town. He said that the Charter needs to be changed to fix this issue. Councilor Underwood moved to waive any conflict of interest for Councilor Wolf under section 2.30.060(11). Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 1. Councilor Prince voted no and commented that this is clear conflict of interest. Councilor Wolf recused himself from the vote. 4. PUBLIC COMMENT Video Start Time: 00:12:25 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Reece Wilkins, an Avon resident, commented he has been driving down to Eagle to use their waive park and asked if Council would consider building a waive park in Avon in the future. AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 5. BUSINESS ITEMS 5.1. PROCLAMATION FOR JUDY POPECK (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:18:54 Finance Director Scott Wright commented that Judy Popeck expressed her gratitude to the town for this proclamation and gift received. Mayor Smith Hymes read the proclamation honoring Judy Popeck for her 19 years of service for the town of Avon. 5.2. UPDATE ON COMMUNITY RELIEF GRANTS (TSU WOLIN-BROWN, SALVATION ARMY AND COMMUNICATIONS MANAGER ELIZABETH WOOD) Video Start Time: 00:23:45 Communications Manager Liz Wood presented an update on the community relief grants funding. Tsu Wolin-Brown joined the meeting and highlighted the work of the Salvation Army that has been done since the pandemic started. She had audio problems and could not finish her update. Communications Manager Liz Wood answered questions from Council. Mayor Smith Hymes thanked Tsu Wolin-Brown for all the hard work they have been doing and said that Council will send questions, if any, by email as she was not able to reconnect by audio. 5.3. RECEIPT OF AUDIT REPORT (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:32:35 Finance Director Scott Wright and Matt Miller and Paul Backes with McMahon & Associates all presented. They explained the audit process to Council, provided some financial highlights, and answered questions from Council. Councilor Underwood asked to put in a footnote about the pandemic as in 10 years not everyone may remember it happened during this time and that it started in March 2020. Councilor Prince agreed. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Fancher moved to accept the 2019 Comprehensive Annual Financial Report. Mayor Pro Tem Phillips seconded the motion. Councilor Fancher amended the motion to add the note about the current situation regarding COVID-19. Mayor Pro Tem Phillips approved the amendment. The amended motion passed unanimously. 5.3A. PULLED WRITTEN REPORT 7.3 MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT NELLY BURNS) Video Start Time: 00:59:51 Town Manager Eric Heil and Finance Director Scott Wright provided an update on the April financials and answered questions from Council. Mayor Smith Hymes called for public comments and no public comments were made. 5.4. WORK SESSION: WILDRIDGE COVENANTS (TOWN ATTORNEY PAUL WISOR) Video Start Time: 01:10:20 Town Attorney Paul Wisor presented. He explained that the Town is not required to enforce the provisions of the Covenants and Design Guidelines and that the Town may be able to eliminate the Covenants through a quiet title action or condemnation. The Town could take action, subject to significant public input. AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Prince requested this Power Point presentation to be available to the public on the website. It will be made available on Avon.org under Town Initiatives. Mayor Smith Hymes called for public comments. Jack Gardner commented he disagrees with the Town Attorney on the land use and suggested to proceed with the Wildridge survey as soon as possible. Dee Wisor asked a question via email about the State law prohibiting the operation of off-highway vehicle operation on streets and roads unless the town authorized it by ordinance or resolution. Leslie Roubos expressed concerns about open space. David Strandjord asked a question about Covenants regarding short term rentals in Wildridge. 5.4A. PULLED CONSENT AGENDA 6.2 APPROVAL OF WILDRIDGE COMMUNITY SURVEY (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:56:45 Planning Director Matt Pielsticker presented the final version of the survey and thanked everybody involved in the Community meeting and provided input. Council members suggested more changes to question #12. Mayor Smith Hymes called for public comments. Paula Lutomirski commented. She suggested to simplify the answers to “Yes or No” instead of having the questions scaled from 1 to 5. Council agreed staff can talk to the consultant about the suggestions made and this does not need to go back before Council. Councilors Prince suggested to put a sample survey out to a test group of 10- 15 Wildridge residents and get their input before this goes out to everyone. 5.5. UPDATE ON HOLY CROSS ELECTRIC MAINTENANCE AND WEST AVON PRESERVE TRAILS RESTORATION (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 02:16:48 Planning Director Matt Pielsticker presented and gave credit to the Vail Valley Mountain Trail Alliance (VVMTA) for their efforts. Town Manager Eric Heil mentioned he attended last week's site tour and expressed there is direct awareness by the President and by the Board of Directors of Holy Cross Energy (HCE). Ernest Saeger with VVMTA joined the meeting and thanked staff for taking the time to come out and tour the area. He spoke about the lack of water bars and the need for revegetation to start as soon as possible. He expressed that the trail alignment should be tackled in the fall. Jamie Malin, President of VVMTA, joined and made a comment that it is heartbreaking that the work on the trails over the last 8 years has been undone. Councilor Thuon suggested a temporary band aid on the scar and destruction and use $15K of the HCE Community Fund to do quick repairs. Town Manager Eric Heil explained the next step is meeting on- site with the Holy Cross Energy president to walk all affected areas. He will follow up with Council once next steps are known. Councilor Prince expressed that Council should be proactive and look into the easements for Holy Cross Energy when they want to do work on their powerlines. AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Mayor Smith Hymes called for public comments and no public comments were made. 5.6. APPROVAL OF INTERGOVERNMENTAL AGREEMENT FOR CARES ACT DISTRIBUTION (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:42:31 Town Attorney Paul Wisor explained that the State has determined they will allocate funds and this allocation goes to the County and it is up to the County to allocate to their communities based on how they see fit. He explained there is a standard Intergovernmental Agreement that is prepared by DOLA and once processed, the Town will receive $564,000. Town Manager Eric Heil clarified this covers direct expenditures, not lost revenues. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 20-19 Approving the Collaboration Agreement between Eagle County and the Town of Avon for the Purpose of obtaining reimbursement for COVID- 19 related expenses. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 5.7. PULLED WRITTEN REPORT 7.4 AVON ROAD/HURD LANE INTERSECTION SAFETY REPORT (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 02:50:22 Town Engineer Justin Hildreth explained the situation on the intersection of Avon Road and Hurd Lane and answered questions from Council. Council consensus was to hire a consultant and get the study done. 5.8. PULLED CONSENT AGENDA 6.5 NOTICE OF AWARD – H.A. NOTTINGHAM PARK PAVILION DECK WATERPROOFING REPAIR PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 03:00:30 Town Engineer Justin Hildreth presented. Councilor Wolf expressed he is nervous and has concerns with the floor drains. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Prince moved to authorize issuance of Notice of Award for the H.A. Nottingham Park Pavilion Waterproofing Repair Project contract to the low bidder, Phoenix Industries, in the amount of $248,500 as approved in the Town of Avon 2020 Capital Projects Fund. Councilor Fancher seconded the motion and it passed on a vote of 5 to 2. Councilor Wolf and Councilor Underwood voted no. 5.9. PULLED CONSENT AGENDA 6.1 APPROVAL OF MINUTES FOR JUNE 9, 2020 COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Video Start Time: 03:07:00 Councilor Underwood asked staff to always present the minutes on the business agenda and not as part of the consent agenda. Councilor Fancher moved to approve the Minutes from June 9, 2020. Mayor Pro Tem Phillips seconded the motion and the motion passed 6 to 1. Councilor Wolf voted no. AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 6. CONSENT AGENDA Video Start Time: 03:09:02 6.1. Approval of Minutes for June 9, 2020 Council Meeting (Town Clerk Brenda Torres) 6.2. Approval of Wildridge Community Survey (Planning Director Matt Pielsticker) 6.3. Approval of Purchasing Recycling Can (Public Works Superintendent Drew Isaacson) 6.4. Approval of Locker Room Remodel (Recreation Director John Curutchet) 6.5. Notice of Award – H.A. Nottingham Park Pavilion Deck Waterproofing Repair Project (Town Engineer Justin Hildreth) Councilor Wolf moved to approve the remaining items on the Consent Agenda. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. 7. WRITTEN REPORTS 7.1. Upper Eagle Regional Water Authority May 28, 2020 Meeting Summary (Mayor Smith Hymes) 7.2. June 16th Planning and Zoning Commission Meeting Abstract (Planning Director Matt Pielsticker) 7.3. Monthly Financial Report (Senior Accountant Nelly Burns) 7.4. Avon Road/Hurd Lane Intersection Safety Report (Town Engineer Justin Hildreth) 7.5. 2020 Capital Improvement Project Update (Town Engineer Justin Hildreth) 7.6. Legislative Session Update (Intern Charise Bishop) 8. MAYOR & C OUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) Video Start Time: 03:09:56 Councilor Fancher commented on the weeds growing on the Avon Road roundabouts and the areas to/from Eagle Vail to Avon. She suggested that staff contacts someone at Eagle Vail to bring it to their attention as the areas look unsightly. She thanked Public Works Director Gary Padilla for working on the ground squirrel problem. Councilor Underwood also commented on the weeds on Avon Road, not the medians but the side banks, especially by the bridge and by the front door of the Recreation Center. She requested to add these 2 areas to the list of areas that need attention. Councilor Wolf asked the public to be respectful when attending AvonLIVE! tomorrow night. It’s the first outdoor music event in Colorado. Town Manager Eric Heil explained the current Public Health Order and that we will close Lake Street for pedestrian safety. Mayor Smith Hymes reminded the public that no dogs are allowed and there will be no food vendors. Chico Thuon wanted to put on everyone's radar that President Trump dictated there will be no J-1 visas allowed for this upcoming winter which will make the situation more complicated. Mayor Pro Tem Phillips wanted to clarify events this summer and spoke about AvonLIVE! on Wednesdays, the event with live music at the Ein Prosit parking lot on Thursday nights and SunsetLIVE! on Sundays. All events are BYOB and bring your own picnic. Sarah Smith Hymes mentioned the Home for Hounds project unveiled this afternoon and to come see them at the Main Street Mall to look and vote. She thanked Intern Charise Bishop for writing the legislative AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE update report. She mentioned she received lots of inquiries about a mask wearing ordinance to mandate mask wearing inside grocery stores and asked Council members to at least think about it. After some discussion, Council suggested to maybe put a message on the electronic messaging boards with a simple message like “Please wear your masks." Michael Cacioppo was allowed to make a public comment. He mentioned that in Thursday's Business Briefs newspaper there will be an issue on face mask wearing in Glenwood Springs. 9. EXECUTIVE S ESSION Video Start Time: 03:35:47 9.1. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE PURSUANT CRS §24-6-402(4)(B) AND FOR THE PURPOSE OF NEGOTIATIONS PURSUANT TO CRS §24-6-402(4)(E) BUFFALO RIDGE SALE AGREEMENT (TOWN ATTORNEY PAUL WISOR) 9.2. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE PURSUANT CRS §24-6-402(4)(B) REGARDING EXISTING COMMERCIAL COVENANTS AND RESTRICTIONS IN EAST AVON (TOWN ATTORNEY PAUL WISOR) Mayor Smith Hymes moved to convene into Executive Session for the purpose of receiving legal advice pursuant CRS §24-6-402(4)(b) and for the purpose of negotiations pursuant to CRS §24-6-402(4)(e) Buffalo Ridge Sale Agreement and for the purpose of receiving legal advice pursuant CRS §24 -6- 402(4)(b) regarding existing commercial covenants and restrictions in East Avon. Councilor Underwood seconded the motion and the motion passed on a vote of 6 to 1. Councilor Wolf voted no. Executive Session was hosted in a virtual format, using Zoom.us. Council members present were Tamra Underwood, Jennie Fancher, Amy Phillips, Scott Prince and Jake Wolf. Council took a quick recess to wait for Councilor Thuon to virtually arrive. Councilor Thuon joined at 8:48 p.m. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, and Executive Assistant to the Town Manager Ineke de Jong. Executive Session started at 8:44 p.m. Councilor Thuon left the meeting at 9:49 p.m. Executive Session ended at 10:03 p.m. 10. B USINESS I TEM C ONTINUED 10.1. P OTENTIAL APPROVAL OF BUFFALO RIDGE SALE AGREEMENT (TOWN ATTORNEY PAUL WISOR) Video Start Time: 03:37:35 The regular meeting was back in progress at 10:07 p.m. Council members present were Tamra Underwood, Jennie Fancher, Amy Phillips, Scott Prince and Jake Wolf. Councilor Thuon was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daly, Executive Assistant Ineke de Jong, and Town Clerk Brenda Torres. AVON REGULAR MEETING MINUTES TUESDAY JUNE 23, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE Councilor Wolf made a comment on why he voted no to the motion to go into Executive Session. He commented that running an Executive Session that late in the evening is not productive for Councilors as they don't work well together that late at night which is why he voted no to it. Councilor Fancher asked Town Attorney Paul Wisor to explain the open meetings law. Mayor Smith Hymes announced that Council will cancel the Avon Housing Authority Meeting scheduled for tonight and will reschedule it for a later date. 11. A DJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 10:15 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: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood AVON SPECIAL MEETING MINUTES TUESDAY JUNE 30, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the special meeting to order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips, Tamra Underwood, Jake Wolf, Scott Prince, Chico Thuon, and Jennie Fancher. Also present were Town Attorney Paul Wisor, Police Chief Greg Daly, Town Manager Eric Heil, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:01:14 Councilor Fancher moved to approve the agenda as presented. Councilor Prince seconded the motion and it passed by a vote of 6 to 1. Councilor Wolf voted no. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:54 Councilor Prince disclosed that his wife is actively engaged in a mask making business. Councilor Underwood moved to declare there is not a conflict of interest with Councilor Prince’s wife and the business of face covering production. Mayor Pro Tem Phillips seconded the motion and the motion passed by a vote of 6 to 0 with Councilor Prince recused from the vote. 4. PUBLIC COMMENT Video Start Time: 00:03:47 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Michael Cacioppo commented. He said he raised his hand to comment during the disclosure of conflict of interest item, but he was not noticed. He said Councilor Prince’s disclosure is a clear conflict of interest with the Ordinance being presented tonight. 5. BUSINESS ITEMS 5.1. PUBLIC HEARING: CONSIDERATION OF EMERGENCY ORDINANCE NO. 2020-08 ADOPTING A NEW CHAPTER 8.44 OF TITLE 8 OF THE AVON MUNICIPAL CODE REGARDING INDOOR FACE COVERING REQUIREMENTS Video Start Time: 00:11:05 Town Manager Eric Heil provided an update on face covering guidance in Eagle County and recent discussions of a potential regulation requiring face coverings. He explained this is intended to be indoor only and that businesses will be primarily responsible to comply with the requirements. Mayor Smith Hymes called for public comments and several public comments were made at the meeting and via email/website. Rebecca Kiser, Terry Smith, Heather Ford, Susan Thistlethwaite, Mike Bell, Michael Cacioppo, Steve Coyer, Brenda Himelfarb, Suzanne Dugan, Marjorie Hook, Jack and Greer Gardner, Peter Feistmann, Erin Ford, Natalie from Eagle Vail, and Alex Bolla commented. After Council discussion, Councilor Prince moved to approve the Emergency Ordinance No. 2020-08 Adopting a New Chapter 8.44 of Title 8 of the Avon Municipal Code Regarding Indoor Face Covering Requirements. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously. AVON SPECIAL MEETING MINUTES TUESDAY JUNE 30, 2020 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE 6. EXECUTIVE SESSION 6.1. FOR THE PURPOSE OF RECEIVING LEGAL ADVICE PURSUANT CRS §24-6-402(4)(B) AND FOR THE PURPOSE OF NEGOTIATIONS PURSUANT TO CRS §24-6-402(4)(E) BUFFALO RIDGE SALE AGREEMENT (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:02:31 Mayor Smith Hymes moved to convene into Executive Session for the purpose of receiving legal advice pursuant CRS §24-6-402(4)(b) and for the purpose of negotiations pursuant to CRS §24-6-402(4)(e) Buffalo Ridge Sale Agreement. Mayor Pro Tem Phillips seconded the motion and it passed by a vote of 6 to 1. Councilor Wolf voted no. Executive Session was hosted in a virtual format, using Zoom.us. Council members present were Tamra Underwood, Jennie Fancher, Chico Thuon, Amy Phillips, Scott Prince and Jake Wolf. Also present were Town Manager Eric Heil and Town Attorney Paul Wisor. Executive Session started at 7:09 p.m. Executive Session ended at 8:10 p.m. 7. ADJOURN TO CONVENE AS THE AVON HOUSING AUTHORITY There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting to convene as the Avon Housing Authority. The time was 8:17 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: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: June 25, 2020 RE: Summary of Authority’s June 25, 2020, virtual Board Meeting The following is a summary of items discussed at the June 25, 2020, Authority Board Meeting: Board members present and acting included: Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, Mick Woodworth. COVID-19 Operations Update Linn Brooks noted one on-site employee tested positive for COVID-19. Four employees who were in close contact with this individual tested negative for the virus, which indicates the District’s hygiene and cleaning protocols are effectively preventing virus spread at District facilities. Drought Linn Brooks noted the current conditions and weather forecasting indicate drought conditions are likely as we move into summer. She recommended using similar tactics that served the Authority and District well in the past, including maintaining defensible space around facilities, reaching out to large irrigators and customers using excessive amounts of water, and optimizing operations to leave as much water as possible in streams. Authority Bond Update James Wilkins discussed the bond contemplated in the Authority’s 2020 budget; there may be flexibility in the bond issue timing. He outlined factors to consider, including the potential to spend down the proceeds within three years to avoid arbitrage issues; current market conditions and expected changes; and the bond’s impact to monthly rates. Daybreak Ridge Water Main Break and Road Repair Staff discussed a recent water main break on Daybreak Ridge above the Ritz Carlton in Bachelor Gulch, caused by a rock underneath a ductile iron pipe. The District’s response was swift and appropriate, and it was clear the break was on the District’s side of the system due to declining tank levels and associated alarms. Notifications were quickly issued, and customers in the affected area were asked to use water only for essential purposes. The road will also need to be repaved by mid-August to ensure conditions are ready for the Colorado Classic Bike Race. PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, JULY 21, 2020 1. CALL TO ORDER AND ROLL CALL Chairperson Lindsay Hardy called the regular meeting to order at 5:02 p.m. A roll call was taken, and Planning Commission members present were Rebecca Smith, Jared Barnes, Donna Lang, and Sara Lanious. Also present were Town Planner David McWilliams. 2. APPROVAL OF AGENDA Action: Commissioner Smith motioned to approve the agenda. Commissioner Hardy seconded the motion and it carried 5-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS No conflicts or communication were disclosed. 4. BUSINESS ITEMS 4.1 MJR20004 MAJOR DEVELOPMENT PLAN TO EXPAND THE GARAGE AND CONSTRUCT LIVING SPACE ABOVE IT ON LOT 63 BLOCK 4 WILDRIDGE SUBDIVISION, 5128 LONGSUN LANE (TOWN PLANNER DAVID MCWILLIAMS & SARA GIEB) – CONTINUED PUBLIC HEARING Public Comment: None Action: Commissioner Smith motioned to approve the item with the following Findings and Conditions: FINDINGS: 1. 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; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; and 6. The design relates the development to the character of the surrounding community. CONDITION: 1. All light fixtures on the property shall be dark sky compliant. Commissioner Barnes seconded the motion and it carried unanimously 5-0. 4.2 CONSENT AGENDA APPROVAL OF JULY 7, 2020 MEETING MINUTES MJR20005 -TWO DUPLEX UNITS - 358 AND 368 RIVERFRONT LANE Action: Commissioner Barnes motioned to approve the Consent Agenda. Commissioner Smith seconded the motion and it carried unanimously 5-0. 5. DISCUSSION OF FUTURE PZC- TOWN COUNCIL JOINT MEETING Action: Staff discussed potential topics including development bonus, short term rentals, landscaping, fences, recreational marijuana district, accessory dwelling units, and Nottingham park dog area. PZC was generally receptive to all of them, especially the dog park. _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN PLANNER DAVID MCWILLIAMS AT 970-748-4023 OR EMAIL CMCWILLIAMS@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 6. STAFF UPDATES Action: Staff discussed the Wildridge Survey. 7. ADJOURN There being no further business before the Commission adjourned the meeting at 6:45 p.m. These meeting minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. RESPECTFULLY SUBMITTED: _________________________________ David McWilliams, Town Planner APPROVED: __________________________________ Lindsay Hardy, Chairperson FISCAL YEAR 2020 FINANCIAL REPORT July 28, 2020 ______________________________________________________________________________________ 1. Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – May 3. Accommodations Tax Report – May 4. Tobacco Tax & Cigarette Tax – May 5. Real Estate Transfer Tax Report and Monthly Detail – May 6. Recreation Center Admissions – May 7. Recreation Center Program Fees - May 8. General Fund Year-To-Date Expenditures - May 9. Fleet Maintenance Fund Year-To Date Expenditures - May 10. Mobility Fund Year-To Date Expenditures - May TOWN COUNCIL REPORT To: Honorable Mayor Sarah Smith Hymes and Avon Town Council From: Nelly Burns, Senior Accountant Meeting Date: July 28, 2020 Agenda Topic: Fiscal Year 2020 Financial Report – May data Revenues SALES TAX We have an updated presentation of sales taxes which breaks out the Other category more fully. Sales tax revenue for the month of May totaled $424,189.45, a 0.36% increase from the previous year and a 1.36% negative variance over the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. Monthly sales tax collections by industry compared to one year ago have increased $8,515.09 for Home/Garden, $20,377.42 for Grocery-Specialty-Health, $10,477.91 for Sporting Goods Retail-Rental, $2,028.34 for Miscellaneous Retail and $7,285.65 for Liquor Stores. Monthly sales tax collections have decreased by $35,721.32 for Accommodations, $6,435.58 for Restaurants-Bars, $4,634.17 for Other businesses, and $10,860.76 for Service-Related businesses. For our new categories, which were previously included in Other, prior reports were re-calculated back to 2019 to show that sales tax collections have increased $2,829.99 in E-Commerce Retail, $433.44 in Manufacturing-Wholesale, $6,659.49 in Construction Related Services, $1,663.67 in Digital Medial Supplies/Sells. However, monthly sales tax collections have decreased in Commercial & Industrial Equipment rental and leasing. Year-to-date sales tax revenues through May have decreased 8.28% over the previous year, which is $298,439.48 under the previous year and $328,091.29 under the original budget estimates. - 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 160,000.00 Sales Tax Comparison by Industry May-19 May-20 2 New and Renewed Business, Contractor & Sales Tax Licenses Issued in May Business License - Fixed Location 20 Business License - Home Occupation 6 Business License - Short Term Accommodation 9 Business License – Special Event 1 Business License - Vendor 39 Contractor License 14 Sales Tax License 16 Grand Total 105 ACCOMMODATIONS TAX Accommodations tax revenue for month of May totaled $13,289.59, a 71.88% decrease from the previous year and an 69.83% negative variance from the cumulative monthly budgets, which is based on the average of the relative monthly percentages of taxes collected over a 5-year period. Monthly accommodations tax collections decreased $11,809.31 for time shares $120,097.48 for hotels and $2,062.83 for vacation rentals compared to May 2019. Year-to-date accommodations tax revenues through May have decreased 23.53% over the previous year, which is $930,872.76 under the previous year and $188,070.80 under the original budget estimates. - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 35,000.00 Time Shares Hotels Vacation Rentals Accommodation Tax by Type May-19 May-20 3 TOBACCO TAX and CIGARETTE TAX Tobacco Tax (40% rate) revenue for the month of May totaled $14,952.14 a 209.41% increase from the previous year. Year-to-date tobacco tax revenues through May have increased 18.75% over the previous year, which results in a positive variance of 2.08% compared to the original budget estimates. Cigarette Tax revenue for month of May totaled $23,781, a decrease of 16.45% from the previous year as the number of packs sold has decreased 1,057. Year-to-date cigarette tax revenues through May have decreased 9.03% under the previous year and show a negative variance of 22.85% under the original budget estimates. REAL ESTATE TRANSFER TAX Real estate transfer tax collections for the month of May totaled $100,256.56, a decrease of 63.97% from the previous year and a positive variance of 51.25% over the cumulative monthly budgets, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 Tobacco Tax 40% Rate Cigarette Tax Per Pack Fee Tobacco Tax Interest Tobacco Tax Penalty Number of Packs Sold* Tobacco Tax Revenues 2019 v 2020 May May-19 May-20 $0 $100,000 $200,000 $300,000 $400,000 2016 2017 2018 2019 2020 Year Real Estate Transfer Tax for May 4 Year-to-date real estate transfer tax revenues through May have decreased 3.72% over the previous year, which is $42,523.37 under the previous year and $339,068.40 over the original budget estimates. Real Estate Transfer Tax (RETT) Transactions May RETT Transactions which paid 2% tax 2 RETT Exemptions for Primary Residence 0 RETT Exemptions for Full Exemption 4 Deed Restricted & Tax Exempt 1 Grand Total 7 RECREATION CENTER ADMISSIONS May admission fees totaled $713.50 a 98.88% decrease from the previous year. This is a 98.69% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. The recreation center was not open during May due to COVID19. Year-to-date recreation center admission revenues through May have decreased 44.01% over the previous year, which is $146,711.22 under the previous year and $162,177.08 under the original budget estimates. $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2016 2017 2018 2019 2020 Recreation Center Admissions May 5 RECREATION CENTER PROGRAM FEES May program fees totaled $7,748.60 which is a 75.27% decrease from the previous year. This is a 78.18% negative variance compared to the monthly budget, which is based on average of the relative monthly percentages of taxes collected over a 5-year period. Year-to-date recreation program fee revenues through May have decreased 43.98% over the previous year, which is $299,096.55 under the previous year and $62,756.50 under the original budget estimates. Expenditures General Fund expenditures through May 2020 total 38.22% of the total adopted budget. These expenditures include insurance premiums, computer services, events, community grants, equipment replacement, contract services, janitorial and legal services. Fleet expenditures through May 2020 total 41.37% of the total budget. These costs include expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums. Mobility funds expenditures through May 2020 total 20.30% of the total budget. These expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance premiums. $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 2016 2017 2018 2019 2020 Recreation Center Program Fees May 2020 TOWN OF AVON SALES TAX 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget January 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 819,179.33$ 850,557.74 841,459.85$ (9,097.89)$ 2.72%-1.07% February 788,999.06 774,754.00 798,923.33 785,412.03 809,165.90 852,887.87 820,617.44 (32,270.43)$ 1.42%-3.78% March 875,499.53 945,795.71 918,657.55 1,014,399.70 1,130,669.61 1,052,845.17 872,489.74 (180,355.43)$ -22.83%-17.13% April 403,560.42 438,198.18 425,727.85 394,986.15 424,685.32 449,835.05 349,189.52 (100,645.53)$ -17.78%-22.37% May 353,840.11 404,872.55 394,689.30 418,628.58 422,685.32 429,911.46 424,189.45 (5,722.01) 0.36%-1.33% June 570,424.51 693,675.00 650,794.65 757,498.52 725,840.03 732,404.65 July 601,516.82 690,342.23 682,024.81 696,374.00 755,668.37 738,373.30 August 572,647.57 593,398.26 618,515.44 639,569.12 670,351.82 666,938.78 September 595,235.68 667,949.51 690,883.92 680,720.64 841,688.74 749,268.59 October 423,701.53 451,303.71 458,645.68 490,977.90 445,742.30 489,322.10 November 438,315.55 445,336.04 435,975.05 456,409.92 514,924.82 493,759.82 December 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,460,062.64 1,361,116.47 Total 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 9,020,664.20$ 8,867,221$ 3,307,946.00$ (328,091.29)$ -8.28%-9.02% Actual Collections $375,000 $380,000 $385,000 $390,000 $395,000 $400,000 $405,000 $410,000 $415,000 $420,000 $425,000 $430,000 2016 2017 2018 2019 2020 Year Sales Tax Collections for May 2020 TOWN OF AVON ACCOMMODATIONS TAX 2020 Actual vs. Budget Budget YTD Collections Budget % change % change 2015 2016 2017 2018 2019 2020 2020 Variance 2019 to budget January 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 197,879.22$ 203,657$ 188,669.38$ (14,987.38)$ -4.65%-7.36% February 175,056.31 185,370.53 194,804.88 186,147.24 203,190.38 213,159 217,069.65 3,910.54$ 6.83%1.83% March 183,650.29 217,387.54 201,008.55 206,783.36 246,969.61 238,260 128,344.90 (109,915.27)$ -48.03%-46.13% April 34,825.13 60,916.55 38,340.02 33,275.27 31,824.90 44,949 8,630.96 (36,318.02)$ -72.88%-80.80% May 28,002.56 37,357.48 39,961.98 42,618.10 47,259.21 44,050 13,289.59 (30,760.66) -71.88%-69.83% June 53,397.46 73,591.08 83,723.31 94,803.78 92,411.81 89,800 July 86,301.22 107,595.18 119,300.76 119,458.02 131,645.50 127,345 August 75,107.71 87,674.05 100,628.23 98,193.15 110,203.30 106,472 September 60,417.74 68,139.11 81,837.60 85,257.82 89,362.90 86,886 October 38,706.72 45,738.23 48,223.10 53,236.86 45,781.00 52,284 November 34,328.47 37,570.50 46,397.08 47,934.88 70,385.29 53,397 December 198,421.26 200,114.56 189,505.28 185,008.67 219,964.12 224,092 Total 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,486,877.24$ 1,484,349.00$ 556,004.48$ (188,070.80)$ -23.53%-25.28% 0.88 0.97 1.00 0.90 1.00 Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 2016 2017 2018 2019 2020 Accommodations Tax Collections for May TOWN OF AVON Tobacco Tax Revenue 2020 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2016 2017 2018 2019 2020 2020 2019 2019 to budget January - - - - 5,487.00$ 6,383.22$ 12,926.46$ 7,439.46$ 135.58%102.51% February - - - - 21,144.74 24,598.42 12,212.75 (8,931.99)$ -42.24%-50.35% March - - - - 7,894.94 9,184.46 12,613.44 4,718.50$ 59.77%37.33% April - - - - 15,416.30 17,934.33 12,340.11 (3,076.19)$ -19.95%-31.19% May - - - - 4,832.53 5,621.85 14,952.14 10,119.61 209.41%165.96% June - - - - 11,088.32 12,899.43 July - - - - 13,318.93 15,494.38 August - - - - 15,381.23 17,893.53 September - - - - 12,646.85 14,712.53 October - - - - 8,458.60 9,840.19 November - - - - 9,306.56 10,826.65 December - - - - 12,559.58 14,611.00 Total -$ -$ -$ -$ 137,535.58$ 160,000.00 65,044.90$ 10,269.39$ 18.75%2.08% Budget 160,000.00 Variance, Favorable (Unfavorable)(94,955.10)$ Actual Collections $0 $5,000 $10,000 $15,000 $20,000 2016 2017 2018 2019 2020 Tobacco Tax Revenue for May by Year TOWN OF AVON CIGARETTE TAX REVENUE 2020 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2015 2016 2017 2018 2019 2020 2020 2019 2019 to budget January - - - - 6,649.98$ 7,840.81$ 17,252.91$ 10,602.93$ 159.44%120.04% February - - - - 23,741.64 27,993.12 17,376.30 (6,365.34)$ -26.81%-37.93% March - - - - 23,073.42 27,205.24 16,659.00 (6,414.42)$ -27.80%-38.77% April - - - - 18,392.25 21,685.80 16,188.00 (2,204.25)$ -11.98%-25.35% May - - - - 28,462.95 33,559.89 23,781.00 (4,681.95)$ -16.45%-29.14% June - - - - 10,050.45 11,850.21 - July - - - - 18,693.15 22,040.58 - August - - - - 6,141.15 7,240.86 - September - - - - 15,846.00 18,683.59 - October - - - - 15,297.00 18,036.27 - November - - - - 8,322.00 9,812.24 - December - - - - 16,157.94 19,051.39 - Total -$ -$ -$ -$ 190,827.93$ 225,000$ 91,257.21$ (9,063.03)$ -9.03%-22.85% Budget 225,000.00 Variance, Favorable (Unfavorable)(133,742.79)$ Actual Collections $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 2016 2017 2018 2019 2020 Cigarette Tax Revenue for May by Year TOWN OF AVON REAL ESTATE TRANSFER TAX 2020 Actual vs. Budget Budget YTD Collections $ Change % of Change % change 2015 2016 2017 2018 2019 2020 2020 2019 2019 to budget January 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 72,520.00$ 80,110.48$ 179,460.00$ 106,940.00$ 147.46%124.02% February 85,479.08 200,850.86 270,815.26 269,578.51 298,730.16 161,857.96 567,486.49 268,756.33$ 89.97%250.61% March 168,744.22 265,061.65 254,737.53 344,556.74 180,819.76 174,580.77 113,350.00 (67,469.76)$ -37.31%-35.07% April 125,266.30 159,046.06 249,938.93 122,312.21 312,899.53 139,424.03 140,134.66 (172,764.87)$ -55.21%0.51% May 237,971.08 184,987.10 377,490.82 351,236.93 278,241.63 205,646.07 100,256.56 (177,985.07) -63.97%-51.25% June 294,434.84 307,127.24 703,419.85 343,140.71 237,143.93 271,130.98 July 396,838.68 259,977.94 219,208.74 272,420.41 86,755.74 177,641.40 August 152,380.93 186,483.40 592,467.49 343,249.80 400,027.60 240,835.14 September 291,223.61 321,957.68 423,013.80 311,022.50 604,158.92 280,638.63 October 172,855.22 641,688.59 497,642.58 330,671.24 359,782.63 288,011.16 November 169,328.38 315,109.37 425,402.80 211,818.76 570,245.09 243,322.46 December 225,862.90 588,514.66 227,918.50 196,105.45 1,597,177.98 407,800.92 Total 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 4,998,502.97$ 2,671,000$ 1,100,687.71$ (42,523.37)$ -3.72%44.52% Budget 2,671,000.00 Variance, Favorable (Unfavorable)(1,570,312.29)$ Actual Collections $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2016 2017 2018 2019 2020 Year Real Estate Transfer Tax for May TOWN OF AVON RECREATION CENTER ADMISSION FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget January 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 72,981.86$ 75,597.73$ 79,231.98$ 3,634.25$ 8.56%4.81% February 63,838.00 68,506.00 86,342.00 75,952.60 64,868.20 74,753.28 70,588.43 (4,164.85)$ 8.82%-5.57% March 77,902.00 81,664.00 76,023.00 79,071.20 78,824.90 81,818.49 34,641.33 (47,177.16)$ -56.05%-57.66% April 61,760.00 55,452.00 67,398.00 61,817.56 53,085.20 62,278.55 1,436.70 (60,841.85)$ -97.29%-97.69% May 43,119.00 50,067.40 54,337.00 50,252.60 63,563.00 54,340.97 713.50 (53,627.47) -98.88%-98.69% June 55,052.00 58,430.50 58,044.00 62,135.02 68,601.20 62,850.36 July 61,472.00 66,399.80 65,873.60 72,441.40 88,528.43 73,756.96 August 63,233.00 66,388.60 76,558.30 73,573.10 70,491.40 72,827.33 September 36,846.00 44,719.00 49,017.70 49,315.70 55,598.60 48,967.57 October 75,818.00 61,167.00 51,833.00 59,692.77 58,055.60 63,745.23 November 29,570.00 71,384.00 72,114.00 126,981.80 51,281.50 73,053.33 December 77,672.00 112,201.00 169,092.78 186,927.10 276,537.00 171,010.21 Total 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 1,002,416.89$ 915,000$ 186,611.94$ (162,177.08)$ -44.01%-46.50% . Actual Collections $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 2016 2017 2018 2019 2020 Recreation Center Admissions May TOWN OF AVON RECREATION CENTER PROGRAM FEES 2020 Actual vs. Budget Budget YTD Collections Budget % of change % change 2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget January 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 26,095.68$ 25,923.63$ 27,872.08$ 1,948.45$ 6.81%7.52% February 20,734.70 22,435.59 28,915.58 35,279.57 23,197.74 26,512.14 25,526.28 (985.86) 10.04%-3.72% March 15,184.33 19,132.72 29,016.16 28,669.46 27,280.96 24,221.71 14,589.59 (9,632.12) -46.52%-39.77% April 18,360.00 18,538.66 26,397.13 45,827.30 31,132.63 28,480.30 2,152.78 (26,327.52) -93.09%-92.44% May 22,175.69 39,447.85 44,605.22 37,300.42 31,335.76 35,508.05 7,748.60 (27,759.45) -75.27%-78.18% June 31,443.66 33,369.05 45,885.37 37,231.17 34,568.93 37,058.05 July 29,162.29 44,969.88 46,745.40 49,968.33 43,607.82 43,546.94 August 31,055.94 46,025.52 52,318.40 64,320.46 49,982.60 49,486.28 September 18,209.25 36,240.11 30,853.05 41,463.74 34,704.93 32,788.29 October 20,380.77 22,068.60 26,881.06 26,782.63 22,588.68 24,103.56 November 20,095.40 30,866.78 25,906.72 24,952.65 20,749.47 24,889.25 December 21,918.03 30,294.89 37,309.30 26,328.09 31,740.68 29,969.80 Total 271,972$ 360,523$ 423,649$ 450,492$ 376,986$ 382,488$ 77,889.33$ (62,756.50)$ -43.98%-44.62% Actual Collections $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 2016 2017 2018 2019 2020 Recreation Center Program Fees May 2020 Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 267,662$ 920$ 130,922$ 135,820$ 49.26% 112 Boards and Commissions 19,649 - 5,081 14,568 25.86% 113 Town Attorney 155,000 131,846 32,425 (9,271) 105.98% 115 Town Clerk 132,860 3,788 51,638 77,435 41.72% 121 Municipal Court 145,994 14,970 51,037 79,987 45.21% 131 Town Manager 416,526 - 162,710 253,816 39.06% 133 Community Relations 209,967 12,314 69,626 128,027 39.03% 134 Economic Development 148,250 11,212 81,712 55,327 62.68% 136 Special Events 517,984 38,280 127,458 352,246 32.00% 137 Community Grants 92,000 1,080 85,180 5,740 93.76% COVID-19 286,206 40,491 219,329 26,386 90.78% Total General Government 2,392,098 254,898 797,790 1,339,410 44.01% Human Resources Department: 132 Human Resources 576,509 32,038 224,476 319,995 44.49% Finance & IT Department: 141 Finance 981,820 36,643 378,524 566,653 42.29% 143 Information Systems 452,604 48,133 190,943 213,528 52.82% 149 Nondepartmental 498,771 177,164 262,366 59,242 88.12% Total Finance & IT 1,933,195 261,940 831,833 839,422 56.58% Total General Gov't Departments 4,901,802 548,877 1,854,098 2,498,827 49.02% Community Development: 212 Planning 310,293 12,536 121,778 175,979 43.29% 213 Building Inspection 185,515 2 75,123 110,390 40.50% Total Community Development 495,808 12,538 196,901 286,369 42.24% Police Department: 311 Administration 830,189 32,173 353,315 444,701 46.43% 312 Patrol 2,887,652 61,287 1,021,464 1,804,901 37.50% 313 Investigations 319,366 1,516 128,862 188,988 40.82% Total Police 4,037,207 94,976 1,503,640 2,438,590 39.60% Public Works: 412 Engineering 268,254 2,498 109,004 156,753 41.57% 413 Roads and Bridges 2,359,138 147,994 941,006 1,270,138 46.16% 415 Parks 453,975 45,258 61,455 347,262 23.51% 418 Buildings & Facilities 1,211,537 104,717 449,377 657,443 45.73% Total Public Works 4,292,904 300,466 1,560,841 2,431,596 43.36% Recreation Department: 514 Administration 269,711 6,521 119,910 143,280 46.88% 515 Adult Programs 43,082 - 11,137 31,945 25.85% 516 Aquatics 580,842 21,652 196,683 362,507 37.59% 518 Fitness 69,903 - 21,463 48,440 30.70% 519 Guest Services 316,416 4,787 100,692 210,938 33.34% 521 Youth Programs 188,797 909 39,730 148,158 21.53% 523 Community Swim Program 159,636 1,623 46,121 111,893 29.91% Total Recreation 1,628,387 35,491 535,735 1,057,161 35.08% Contingency - - Operating Transfers 2,025,000 - - 2,025,000 0.00% - TOTAL OPERATING EXPENDITURES 17,381,108$ 992,348$ 5,651,216$ 10,737,544$ 38.22% Department Expenditure Summaries General Fund May 2020 Expenditures to Date Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,905,281$ 36,709$ 751,470$ 1,117,102$ 41.37% Total Operating Expenditures 1,905,281 36,709 751,470 1,117,102 41.37% TOTAL EXPENDITURES 1,905,281$ 36,709$ 751,470$ 1,117,102$ 41.37% Expenditure Summary Fleet Maintenance Enterprise Fund May 2020 Expenditures to Date Dept./Div.2020 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Mobility Administration 277,931$ 16,846$ 188,633$ 72,452$ 73.93% 432 Mobility Operations 3,144,688 6,010 483,936 2,654,742 15.58% 436 Wash Bay 179,309 9,768 65,592 103,949 42.03% 437 Mobiltity Programs 379,838 - 37,589 342,249 9.90% Total Operating Expenditures 3,981,766 32,624 775,751 3,173,392 20.30% TOTAL EXPENDITURES 3,981,766$ 32,624$ 775,751$ 3,173,392$ 20.30% Expenditure Summary Mobility Enterprise Fund May 2020 Expenditures to Date 970.748.4014 nburns@avon.org TO: Finance Committee Members FROM: Nelly Burns, Senior Accountant RE: 2nd Quarter RETT Sales and Exemption Report DATE: July 28, 2020 SUMMARY: The 2nd quarter of the year normally has increased real estate exemption activity compared to 1st quarter. However, due to COVID19 there was no activity in April or May. Three Primary Residence exemptions were approved in June. Type of Exemption 1st Q 2nd Q 3rd Q 4th Q TOTAL Section (17) 5 1 6 Section (18) 0 0 0 Section (19) 0 2 2 TOTAL 5 3 0 0 8 The following chart shows sales amount and exemption received. Sale #3 did not want to have a 3-year lien, so they chose Section 17. #1 June #2 June #3 June 660,000 1,190,000 455,000 (19) 4800 (17) 3200 (17) 3200 Actual RETT 2020 April May June Total RETT Revenue 71,100.00 45,680.00 167,020.00 TOTAL Exemptions 0.00 0.00 11,200.00 Total RETT 71,100.00 45,680.00 178,220.00 Total Sales 3,555,000.00 2,284,000.00 8,911,000.00 By comparing the average RETT over 3 years, you can see that Actual RETT activity was greatly reduced in 2nd Quarter 2020 by approximately 50% in April, 77% in May, and 27% in June. 3-Year Average RETT 2018-2020 2018-2020 2018-2020 April May June Total RETT Revenue 142,208.00 189,326.50 233,018.96 TOTAL Exemptions 3,200.00 16,000.00 18,316.67 Total RETT 143,274.67 205,326.50 246,302.29 Total Sales 7,163,733.33 10,266,325.00 12,315,114.50 Summary of Primary Residence RETT Exemption under Avon Municipal Code Section 3.12.060 Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years (970) 748-4001 btorres@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Brenda Torres, Town Clerk RE: Council Elections DATE: July 20, 2020 SUMMARY: The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder Regina O’Brien. In my role as Town Clerk, I would serve as the designated election official and work with the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary liaison between the Town and the County Clerk. BACKGROUND: The Town will execute an IGA with Eagle County pursuant to which the Town will participate in a coordinated election with the County. IGA has not been received by the Town Clerk but we expect it in the next couple weeks. The deadline to return IGA to the County is August 25, 2020. The County is responsible for conducting the election for the County and all statewide candidate elections and ballot questions and Colorado law permits the County to run the Town’s election as well. The Town Clerk will work with the Eagle County Clerk to ensure the Town’s election of candidates and ballot questions are conducted in a fair and efficient manner. The Town of Avon will facilitate the Council chambers room to the County to be used as the Avon Vote Center on October 16, October 17 or 18, October 19-24, October 26-31, November 2 and 3 (Election Day 6 a.m.-9 p.m. -vote center open 7 a.m.-7 p.m.), and November 4, 2020. COUNCIL CANDIDATE PETITIONS: Council Candidate Petitions will be available on August 4th and must be returned by August 25th. Council member candidate petitions must be signed by at least 10 registered electors who reside in Avon. A voter registration record of the petition signer must reflect a residence address in the Town of Avon to be counted. Candidates are encouraged to obtain more than the required 10 signatures to ensure a safety net for signatures that may be ineligible. A registered elector may sign only as many candidate petitions as offices to be filled at the election. This means that a registered elector can only sign three separate petitions for this November’s election. After timely filing of the nomination petition, the Town Clerk will validate signatures within three (3) working days and notify the candidate and/or person filing the petition whether the petition is found to be signed by the required number of registered electors. If the petition is lacking the required number of signatures or deficient for any reason, a petition can be amended to cure the deficiency. Amended petitions must be submitted to the Town Clerk no later than the close of business on August 31, 2020. The Secretary of State has promulgated some new rules with respect to petition circulation during COVID- 19. However, these rules only apply to statewide elections. As such, petition circulators must abide by all applicable Public Health Orders. Timeline for candidate petitions: August 3rd afternoon, candidate nomination petitions will be available for pickup August 4th is the first day candidate nomination petitions may be circulated August 24th is the last day to file candidate nomination petitions August 28th is the last day to withdraw from nomination October 9th is the first day mail ballots may be mailed by County Clerk November 3rd is election day (970) 748-4001 btorres@avon.org FINANCIAL REGULATIONS: In 2019, the Town adopted campaign finance regulations. These regulations require candidates and candidate committees to register with the Town. They also require candidates and candidate committees to report all contributions over $20, and cap contributions at $250. Town staff is finalizing the Candidate Information packet, which will cover all of these details, and more. Candidates and candidate committees are required to file disclosure reports subject to the following schedule: October 15th 21st day before the Election Report (First Report). Covers the reporting period ending October 13, 2020. The start date of the reporting period depends on whether this is a new committee or an existing committee. October 22nd 14th day before the Election Report (Second Report). Covers the reporting period of October 14 – October 20, 2020 October 29th Friday before the Election Report (Third Report). Covers the reporting period of October 21 – October 28, 2020 December 3rd Post-Election Report (Fourth Report). Covers the reporting period of October 22 – December 2, 2020 MANAGER'S COMMENTS: This year we plan to offer a Staff introduction and overview of Avon Town Government to all candidates. This would occur after all candidate petitions are returned in the first half of September. The Staff introduction and overview of Town Government would be a Staff led, apolitical meeting with all candidates to provide a brief introduction of Town of Avon functions, services, staffing and financing. It is not intended for discussion on Town policies and is not intended as a candidate forum. The Staff introduction and overview would be primarily presented by the Town Manager and Town Attorney and all department directors would be available to answer questions about their departments. The idea for a candidate’s introduction to town government came from the Colorado City and County Managers Association group as a recommended best practice. We will also structure and implement a detailed and effective on-boarding process for new Council members. Thank you, Brenda Torres 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Town Manager Report - May DATE: July 23, 2020 UPDATED COVID POLICIES: Lance Richards, HR Director, Paul Wisor, Town Attorney and I are in the process of updating our Covid-19 Employee Policies to address changes in federal and state law for paid time off, travel policies, and workplace protocols. We expect to have the updates complete by the middle of next week and will forward to Council. Glass dividers between workstations in the open office areas have been installed and appear to work well for their purpose without diminishing natural light. TOWN EVENTS: Town canceled the AvonLIVE! free concert series and Lakeside Cinema free film series due to a new Eagle County Public Health Order that limited outdoor events to a total of 175 persons. SunsetLIVE! on the Terrace (on Sunday evenings) and the Pop-Up music on the Main Street Pedestrian Mall (Saturday afternoons) are still continuing. WEST NOTTINGHAM PARK IMPROVEMENTS: Improvements to Nottingham Park will be deferred to next spring and rebid. By the time the project was bid most landscape contractors were busy until the end of the summer. A better cost estimate and comprehensive look at the improvements will be presented to Council in a work session in August as part of the 2021 Capital Improvements Project Plan. MUSICAL INSTRUMENTS: Musical instruments have been ordered for placement around the Recreation Center and Nottingham Park Playground. Council member Wolf’s idea of a “Tone Hedge” is very appealing, but we think it would be best to integrate into the Main Street Mall extension design when that occurs. The instruments are scheduled to arrive in November and will be ready for installation next spring. BROADBAND GRANTS: Staff is in the process of exploring broadband grants to assist with planning. We have a detailed project proposal from HR Green. Council will receive an update on this project at the August 11 Council meeting. EV CHARGING STATIONS: The installation of the electrical vehicle charging station at the Town Hall is complete. The installation of the fast charging station on Tract A (in front of Sun & Ski) is delayed until a boring company can be scheduled to bring the necessary electric line upgrades to this area of the parking lot. Installation this fall is still anticipated. BUS OPERATIONS: Eva Wilson reports that ridership is back up to about 420 riders per day and the Town is running the red line, blue line and night rider routes. SKIER BUSSES: Eva Wilson is working on a plan to increase skier busses in order to decrease peak load occupancy. Council can expect more details in August. TRANSIT – CLIMATE ACTION COLLABORATIVE: The Climate Action Collaborative scheduled a meeting with local government managers and representative elected officials to discuss climate action priorities and ideas for advancing our goals. Transit was the clear number one priority. The expectation is that a more defined plan for defining and funding an improved transit system will be created in the near future, hopefully in August. Thank you, Eric