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TC Packet 11-16-2021_______________________________________________________________________________ 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, November 16, 2021 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 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. Joint work session with PZC, Marijuana Businesses (Town Planner David McWilliams) (30 Minutes) 5:05 5.2. Work Session: East Harry A. Nottingham Park Improvements (Planning Director Matt Pielsticker and Pedro Campos, Zehren and Associates) (30 Minutes) 5:35 5.3. Work Session: Wildridge Off Highway Vehicle (OHV) Ordinance Follow Up (Chief of Police Greg Daly) (30 Minutes) 6:05 5.4. Work Session: Metcalf Forest Service Road (FSR) #779 Heavy Maintenance Support Grant (Planning Director Matt Pielsticker) (30 Minutes) 6:35 5.5. Public Hearing: Proposed 2022 Budget (Town Manager Eric Heil) (15 Minutes) 7:05 5.6. Work Session: Update and Review of Capital Improvements Projects (Town Engineer Justin Hildreth) (30 Minutes) 7:20 5.7. Resolution No. 21-23 Approving Tax and Fee Waivers for Community Housing Development on Tract Y (Town Manager Eric Heil) (30 minutes) 7:50 6. MINUTES 6.1. Approval of November 9, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 7:50 7. WRITTEN REPORTS 7.1. Draft October 21st Culture, Arts & Special Events Committee Meeting Minutes (General Government Intern Emily Myler) 7.2. Upper Eagle Regional Water Authority October 28, 2021 Meeting Summary (Mayor Smith Hymes) 7.3. Update on Inntopia Systems Service Agreement (CASE Manager Danita Dempsey) 7.4. Lot B Hotel Development Plan Expiration (Planning Director Matt Pielsticker) 7.5. Monthly Financials (Senior Accountant Joel McCracken) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 7:55 9. ADJOURN 8:10 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 _______________________________________________________________________________ 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. action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE AGENDAS • Presentation: Municipal Broadband Study Results • Work Session: Village at Avon Transit • Procurement Code • Update on Construction Contracts Forms (Town Manager Eric Heil) • Green House Gas Investment Matrix (Town Manager Eric Heil) • East Harry A. Nottingham Park Improvement Design Contract 970.748.4023 cmcwilliams@avon.org TO: Honorable Mayor Smith Hymes and Council Planning and Zoning Commission FROM: David McWilliams, Town Planner Matt Pielsticker, Planning Director RE: Work Session for Marijuana Businesses within Town DATE: November 10, 2021 INTRODUCTION: The purpose of this work session is to solicit direction from Town Council and PZC whether staff should pursue the allowance of recreational marijuana sales within the Town. The Town of Avon, through past Council action in 2014 prohibited marijuana retail, testing, cultivation, and manufacturing (“marijuana businesses”). Private smoking clubs/lounges are not included for consideration in this report. STAFF RECOMMENDATION: I recommend that Town Council and PZC discuss the benefits and costs of allowing recreational marijuana sales or other associated businesses within Avon. Town Council should direct staff to pursue appropriate next steps, including: • Do nothing • Conduct further research and report back • Public Outreach • Proceed with potential ballot measure(s) in 2022 HISTORY: Colorado voters approved Amendment 64 in 2012, which resulted in the legalization of marijuana and recreational marijuana sales in the state, beginning in 2014. Amendment 64 passed Statewide with a vote of 55% in favor; in Eagle County the vote was 66% in favor; and in Avon 71%. Amendment 64 allowed local jurisdictions to prohibit marijuana sales and associated businesses within their borders. Town Council enacted a temporary moratorium followed by Ordinance 14 -06 which banned retail, testing, cultivation, and manufacturing within Avon. After several years of legalization, there are fewer unanswered questions as to the impact of marijuana businesses on communities. Since 2014, the number of Colorado communities allowing marijuana businesses has grown (Attachment A). At the national level, Colorado went from being the first adopter of marijuana legalization to one among many states with some sort of marijuana liberalization policy. Federally, marijuana is still a controlled substance, subject to penaltie s for production, transport, and sales, however, in Colorado there is little recent evidence of enforcement against marijuana businesses that are complying with local and state laws. REGIONAL ANALYSIS: While many Colorado municipalities and counties still ban marijuana businesses, the state’s I-70 mountain corridor and resort communities have generally taken a more proactive stance. The promotional map below includes retail marijuana establishments in both incorporated and unincorporated communities near Avon. Page 2 of 7 Promotional map showing dispensary locations in neighboring communities. Source: https://potguide.com/colorado/ EAGLE COUNTY REGULATIONS: According to the Resolution pertaining to retail marijuana businesses, Eagle County regulates retail marijuana businesses as follows: Medical Marijuana and Retail Marijuana Businesses are prohibited from locating within 200 feet of: 1. Any residence, excluding residential units that are located within mixed use commercial / residential developments and free-standing residences located within the Commercial General or Commercial Limited zone districts, 2. Any drug or alcohol rehabilitation facility; 3. Any public community center or publicly owned or maintained building open for use to the general public; 4. Any public school or private school; 5. Any public park, playground, boat ramp, or similar recreational amenity open to the public; or 6. Any licensed child care facility. Retail Marijuana businesses are further prohibited from locating within 500 feet of: 1. Any public or private high school. The County defines areas that allow recreational marijuana sales, with Eagle -Vail’s commercial corridor illustrated as an example, below. Page 3 of 7 Eagle-Vail commercial corridor allows recreational marijuana sales and production based on the County's regulations . Locational buffers from houses, parks, etc. appear in yellow. There are further rules regarding licensing, life/safety, aesthetic, and other concerns. Slightly different regulations apply to marijuana cultivation, manufacturing, or testing. FEDERAL DISTANCING: Consideration should be given to federal-level penalties related to marijuana, which is still listed as a controlled substance The federal standards are cited here for convenience: 21 USCS § 860 (a) Penalty. Any person who violates section 401(a)(1) or section 416 [21 USCS § 841(a)(1) or 856] by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, is (except as provided in subsection (b)) subject to (1) twice the maximum punishment authorized by section 401(b) [21 USCS § 841(b)], and (2) at least twice any term of supervised release authorized by section 401(b) [21 USCS § 841(b)] for a first offense. A fine up to twice that authorized by section 401(b) [21 USCS § 841(b)] may be imposed in addition to any term of imprisonment authorized by this subsection. Except to the extent a greater minimum sentence is otherwise provided by section 401(b) [21 USCS § 841(b)], a person shall be sentenced under this subsection to a term of imprisonment of not less than one year. The mandatory minimum sentencing provisions of this paragraph shall not apply to offenses involving 5 grams or less of marihuana. TAX ANALYSIS: Federal: Federal law mandates reporting income from illegal sources, including marijuana sales. This raises compliance issues which are outside of the scope of this report. Page 4 of 7 State: There are three taxes for retail marijuana in Colorado: a 2.9% state sales tax, a 15% marijuana retail sales tax (not applicable to medical marijuana), and a 15% excise tax. These monies are distributed to the local entity, public schools, the state’s general fund, and a Marijuana Tax Cash Fund (funding health care, monitoring marijuana health effects, health education, substance abuse preven tion and treatment programs, and law enforcement). The chart from the Colorado Department of Education breaks down the method in which marijuana tax dollars are allocated. Peer Municipalities: There are diverse tax structures in the area. Below is a breakdown of tax burdens for a $100 purchase in various nearby communities. Staff found a 5% local marijuana tax to be the most common rate for municipalities within the state. County retail marijuana sales in 2020, in millions Eagle $22.80 Garfield $29.20 Pitkin $14.40 Source: Colorado Department of Revenue Colorado marijuana tax revenue, in millions 2020 $387.50 2019 $302.50 2018 $266.50 2017 $247.40 2016 $193.60 2015 $130.40 2014 $67.6 Source: Colorado Department of Revenue Page 5 of 7 Eagle County: Eagle County has 6 sales tax filers and 5 excise (production) tax filers. Total marijuana sales and excise collections for 2020 was $773,113 at a rate of 2.5%. Assuming one retail location in Avon, staff roughly estimates $250,000 in sales tax contributions (5% Marijuana + 4% Retail). TYPES OF MARIJUANA BUSINESSES: The Town may approve or prohibit any or all types of marijuana businesses, including retail, testing, cultivation, and manufacturing. The businesses have different niches within the marijuana market: • Retail Marijuana Stores: An means an entity licensed to purchase Retail Marijuana and Retail Marijuana Concentrate from a Retail Marijuana Cultivation Facility and to purchase Retail Marijuana Product and Retail Marijuana Concentrate from a Retail Marijuana Products Manufacturer, and to Transfer Retail Marijuana to Retail Marijuana Hospitality and Sales Businesses and to consumers. • Testing Facilities: A laboratory licensed and certified, or approved by the Division, to perform testing and research on Retail Marijuana. • Cultivation: An entity licensed to cultivate, prepare, and package Retail Marijuana and Transfer Retail Marijuana to Retail Marijuana Businesses, Medical Research Facilities, and Pesticide Manufacturers, but not to consumers. • Manufacturing: An entity licensed to purchase Retail Marijuana; manufacture, prepare, and package Retail Marijuana Product; and Transfer Retail Marijuana, Retail Marijuana Concentrate, and Retail Marijuana Product only to other Retail Marijuana Products Manufacturers, Retail Marijuana Stores, Retail Marijuana Hospitality and Sales Businesses, Medical Research Facilities, and Pesticide Manufacturers. Staff suggests a conversation regarding the appropriateness of retail stores and other types of facilities separately. If retail were to be considered, it would be most appropriate on the valley floor. If the other facilities were to be considered, they would be most appropriate in the Industrial – Commercial zone district along Metcalf and Nottingham Roads. AVON CONDITIONS: With a high concentration of marijuana businesses close by in unincorporated Eagle County, it is not conspicuous that the Town of Avon prohibits marijuana businesses. Assuming Beaver Creek vacationers make up a large share of retail marijuana sales, many shoppers already pa ss through Avon and shop at addresses labeled “Avon”, in Eagle-Vail. Breckenridge Town of Eagle Carbondale Silverthorne Basalt TOTAL TAX 25.98$ 23.50$ 25.50$ 25.48$ 25.30$ TAX BREAK DOWN STATE 15.00$ 15.00$ 15.00$ 15.00$ 15.00$ COUNTY 2.00$ 1.50$ 1.00$ 2.00$ 1.00$ SPECIAL DISTRICT Mass Transportation 0.75$ 1.00$ 0.75$ 1.30$ Housing Authority 0.73$ 0.73$ TOWN-SALES 2.50$ 4.50$ 3.50$ 2.00$ 3.00$ TOWN-MARIJUANA 5.00$ 2.50$ 5.00$ 5.00$ 5.00$ Page 6 of 7 Avon may be an attractive location for marijuana sales and production. Staff proposes that the best way to accomplish appropriate marijuana business locations within the Town would b e to create an overlay district, whereby individual properties would be deemed eligible for the operation of a marijuana business. Traditionally zoned properties would be immediately eligible to apply for the appropriate licenses with the Town, and PUD zoned properties would have to follow the step outlined below. Avon’s valley floor includes many custom zone districts called “PUDs”. If the Town allows marijuana businesses, any location with PUD zoning that is eligible for marijuana businesses would need to be custom modified to accommodate the use. That is, a Minor PUD amendment would need to be processed and approved by Town Council prior to any marijuana business opening in a PUD-zoned property. If Town Council wishes to pursue the topic, Staff will reach out to large landowners to understand concerns or interest in allowing marijuana businesses on their property. Additional locational requirements could include: • Special Review Use regulations, whereby aesthetic and community characteristics could be considered • Regulate number • Distance from schools • Distance from other uses • Distance requirements between marijuana businesses • Cap of the number of licenses issued (e.g. only 2 marijuana dispensaries and only 2 production facilities allowed) Additional aesthetic requirements could include: • Design requirements for signage, store names, storefront and interior elements Federal penalty regulations applying to schools and playgrounds require 1,000 feet of separation, although as noted above in Eagle County’s regulations, local jurisdictions have control over those requirements. Assuming a 500 foot buffer (commonly accepted in other Colorado Municipalities) from schools and playgrounds is deemed appropriate for Avon, the map on the following illustrates that there are commercially zoned parcels with potential to host marijuana businesses... Page 7 of 7 REQUIESTED COUNCIL DIRECTION: Staff presents the following policies for Council consideration: Are marijuana businesses appropriate in Avon? Would Avon’s “brand” suffer as a result of marijuana businesses? Are there appropriate areas for retail marijuana stores in Avon? Thank you, David LINKS: Department of Revenue Marijuana Enforcement Division Rules Department of Revenue 2020 Annual Report Division of Justice 2021 Impacts of Marijuana Legalization in Colorado APPENDIX: A- List of municipalities allowing the sale marijuana Appendix A - List of municipalities allowing for the sale of marijuana Legal in 2014 Alma Aspen Bailey Black Hawk Breckenridge Carbondale Central City Crested Butte Denver Dumont Empire Edgewater Fort Collins Frisco Garden City Georgetown Idaho Springs Leadville Nederland Northglenn Ridgway Silverthorne Steamboat Springs Telluride Wheat Ridge Legal in 2018 Alma Antonito Aspen Aurora Basalt Boulder Carbondale Commerce City Cortez Crested Butte Crestone Debeque Denver Dillon Dinosaur Durango Eagle Edgewater Empire Englewood Federal Heights Fort Collins Fraser Frisco Garden City Georgetown Glendale Glenwood Springs Gunnison Hayden Idaho Springs La Veta Leadville Log Lane Village Longmont Louisville Lyons Mancos Manitou Springs Milliken Montezuma Mountain View Nederland Northglenn Nunn Oak Creek Ophir Pagosa Springs Palisade Palmer Lake Parachute Pueblo Red Cliff Ridgway Rifle Rocky Ford Salida San Luis Sedgwick Sheridan Silt Silver Plume Silverthorne Silverton Steamboat Springs Telluride Thornton Trinidad Walsenburg Wheat Ridge Source: https://www.westword.com/marijuana/colorado-towns-allowing-marijuana-sales- 9934989 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director RE: Work Session / East Harry A. Nottingham Park Improvements DATE: November 11, 2021 SUMMARY: A work session is scheduled to review updated schematic design plans for the East Harry A. Nottingham Park improvements. Pursuant to direction received from Town Council on October 12, 2021, the design team developed an alternative option which includes a concession space facing the main field. A complete project summary including preliminary cost estimates is attached to this memorandum (Attachment A). The schematic level drawings are also attached (Attachment B). The purpose of this work session is to receive final direction on whether to include concession space in the preparation of Construction Documents (CDs). DESIGN CHANGES: In addition to concession space, the plans have undergone several changes based upon Town Council feedback, including but not limited to: • More pronounced roof overhangs on north and east building elevations • Art opportunity represented on west facing wall • Shade structures added • Ornamental oval tree and xeriscape garden removed from plaza in front of restrooms SCHEDULE: If Town Council provides clear direction on November 16, staff will proceed to negotiate a contract to prepare CDs and return to Council in December. A refined scheduled will be brought back to Council with a final design contract. TOWN MANAGER’S COMMENTS: I support the addition of the concession area to the restrooms. I believe it is a functional size and appropriate location. The convenience and efficiency of Staff set-up justifies the relatively modest incremental cost of including the concession area. Constructing the concession area at this time is much more efficient and cost effective than adding on to the restroom structure in the future. The only negative aspect is that the large tree to the north of the restroom would be removed to provide adequate space to serve customers. Thanks, Matt ATTACHMENT A: Cover letter from Pedro Campos, dated November 10, 2021 ATTACHMENT B: Schematic Design Plans, dated November 16, 2021 Town of Avon East Nottingham Park Improvements Design and Community Engagement 1 | Page Town of Avon East Nottingham Park Improvements TO: Matt Pielsticker, Planning Manager, Town of Avon CC: Eric Heil, Town Manager, Town of Avon Justin Hildreth, Town Engineer, Town of Avon FROM: Pedro Campos, Zehren and Associates, Inc. DATE: November 10, 2021 SUBJECT: Schematic Design Town Council Review, November 16, 2021. This memorandum is intended to provide a summary of the Schematic Design prepared by Zehren and Associates Inc for the East Nottingham Park Improvements project. The memorandum is organized to: 1)provide an overview the schematic design for the 'base option' selected by Town Council for the East Nottingham Park Improvements. 2)review an option to add concessions space to the base option. 3)provide a preliminary cost range for the base option and concessions option based on anticipated costs per square foot for building and site work costs. 1.Overview of the Schematic Design for the 'Base Option' The Schematic Design for the 'Base Option' includes the following major elements on the site of the demolished 'Old Town Hall': 1)New passive park area on the east side of the site including new walkway, shade trees, grass areas, landscape boulders, picnic tables, and (3) shade sails. 2)New Restrooms (2,350sf) on the west side of the site including a women's restroom with (28)toilet stalls and (8) lavatories; a men's restroom with (5) toilet stalls, (7) urinals and (6) lavatories; and (1) family restroom. Ability to lock-off 2/3rd of restrooms during normal non- event days. 3)Small plaza and gathering area east and north of restrooms for queuing during large events. 4)10' roof overhang around the east and north facades of the building to serve as temporary shelter during rain events. Solar photovoltaic panels on south facing area of the roof and sedum green roof on north facing areas of the roof. 5)Parking lots on east and west preserved with no loss of existing parking supply. 6)Parking spaces south of the site preserved, and gain of approximately 5 new parking spaces. 7)Preservation of trees on the north side of the west parking lot with new xeriscape garden under the trees and extending to the east in key areas of the site. 8)New seat wall with lighting running east to west along the edge of the asphalt path, to replace existing timber wall. 9)Bollard lighting along new walkway through the new passive park. 10)New pedestrian level lights in all parking areas. 11)Relocated power service and electrical utilities to less visible SW corner of the site. Attachment A Town of Avon East Nottingham Park Improvements Design and Community Engagement 2 | Pagei. j.All concepts include new restrooms, storage space, and a picnic area. However, these vary in layout, size and location depending on each concept and are described in greater detail in section 3, below. The ‘Base Option’ excludes storage as it was not part of the original program requested by Town Council. 2.Concessions addition to the 'Base Option' At the last review of the project in early October the Town Council discussed the possibility of adding concessions to the restrooms building. The design team was requested to study and show how concessions could be added to the 'Base Option' design. The intent of this exercise is to help Town Council make a final decision regarding the inclusion of concessions space in the new restrooms to support events and programs in the Park. Following are some of the key considerations associated with the addition of concessions to the 'Base Option': 1)Adding concessions to the 'Base Option' would add approximately 400sf to the 'Base Option' restrooms building. 2)The location for the concessions would be on the north side of the building facing the recreation field where events take place. 3)During large events, it is likely that queuing for concessions will spill over the main east- west walkway along the north side of the site. 4)The addition of concessions may conflict with the pedestrian circulation between the west parking lot and the restroom building entries during events due to the path of circulation around the building. 5)The addition of concessions will significantly reduce the overhang on the north side of the building and require removal of the large evergreen 6)Loading of the concessions area would occur on the west side of the building, from the western parking lot. 3. Preliminary Cost Budget The effort is in the schematic design stage and therefore a preliminary cost budget is prop0sed based on the anticipated program for the site and restrooms The 'Base Option' includes Restrooms 2,350 sf in area. Estimated at an average of $400 / sf price of construction, this represent an approximate budget of $940,000 for the construction of the restrooms. The addition of concessions sized at 400sf with an assumed $400 / sf price of construction, represents an additional cost of approximately $160,000. Site improvements including a new walkway, seat wall, picnic area, additional shelter, parking lot lighting, and landscaping are currently budgeted at $750,000. A budget of$650,000 is proposed to address grading, new paving, relocation of existing services, and new utilities. Given the above, preliminary cost budget for the 'Base Option' and the 'Base Option' with Concessions are as follows: $ 940,000 $ 750,000 Base Option Buildings (Restrooms 2,350sf @ $400 / sf): Site Picnic Area, Seat Wall, Walkway, Lighting, Boulders, Landscaping): Site Work and Utilities: $ 650,000 $ 2,340,000 Sub-total 20% Contingency $ 468,000 $2,808,000 Preliminary Cost Budget Attachment A Town of Avon East Nottingham Park Improvements Design and Community Engagement 3 | Pa g e These budgets are preliminary and provided as on order of magnitude for reference. A 20% contingency has been applied to account for unknowns, inflation and fluctuating costs of materials and labor. A more detailed estimate will be prepared for the selected option as the design and additional details are developed. -END - $ 1,100,000 $ 750,000 Base Option with Concessions Addition Buildings (Restrooms + Concessions 2,750sf @ $400 / sf): Site Picnic Area, Seat Wall, Walkway, Lighting, Boulders, Landscaping): Site Work and Utilities: $ 650,000 $ 2,500,000 Sub-total 20% Contingency $ 500,000 $3,000,000 Preliminary Cost Budget Attachment A Copyright © 2021 by Zehren & Associates Inc. Attachment B PROJECT DIRECTORY INDEX OF DRAWINGS GENERAL NOTES GRAPHIC SYMBOLS 1 A2.1 DRAWING TAGS ROOM NAME GRIDBUBBLE 4 SECTIONBUILDINGWINDOW TAG DIMENSION, STAIR UP NORTH DETAIL/ENLARGED PLAN A A2.1 BUBBLE A A2.1 BUBBLEDETAIL CEILINGINTERIOR BUILDINGELEVATION REVISION CLOUD ELEVATION REVISION DOOR TAG TAG A BREAKLINE ROOFFLOOR TAG TAG F1 WALL TAG R1 TAG 1/8" = 1'-0" NEW SITE PLAN P1 C1 103 KITCHEN 1 A EL 114'-6" FIN FLR LEADERS W1 WALL TAG EXTERIOR A1.1 1 FIRST FLOOR PLAN 1/4" = 1'-0" A2.1 A A3.1 A GENERAL A0.0 COVER SHEET A0.1 PROJECT INFORMATION SHEET ARCHITECTURAL A1.1 MAIN LEVEL FLOOR PLAN A1.4 ROOF PLAN A1.1C MAIN LEVEL FLOOR PLAN W/ CONCESSIONS A1.4C ROOF PLAN W/ CONCESSIONS A2.1 EXTERIOR ELEVATIONS A2.1C EXTERIOR ELEVATIONS W/ CONCESSIONS M1.1 PROPOSED BUILDING MATERIALS LANDSCAPE L1.1 SITE PLAN L1.2 SITE PLAN W/ CONCESSIONS L2.1 PLANTING PLAN SMV01 SITE MODEL VIEWS CIVIL C-01 GRADING & DRAINAGE PLAN C-02 UTILITY PLAN ZEHREN & ASSOCIATES, INC. Contact: Tim Losa P.O. Box 1976 Avon, CO 81620 Voice: (970) 949-0257 Fax: (970) 949-1080 Email: TimL@zehren.com ARCHITECT TOWN OF AVON P.O. Box 975 Avon, CO 91620 OWNER TBDSTRUCTURAL ENGINEER MECHANICAL/ ELECTRICAL ENGINEER TBDINTERIORS 1. DO NOT SCALE DRAWINGS. 2. DIMENSIONS ARE TO FACE OF STUD, CENTERLINE OF GRID, AND FACE OF CONCRETE, UNLESS NOTED OTHERWISE. 3. ALL ANGLES ON PLANS ARE 90 DEGREES OR 45 DEGREES, UNLESS NOTED OTHERWISE. 4. NOTIFY ARCHITECT OF ANY DISCREPANCIES OR CONFLICTS IN DOCUMENTS PRIOR TO DEMOLITION, CONSTRUCTION, OR ALTERATION OF EXISTING OR NEW STRUCTURES. 5. PROVIDE ALL NECESSARY BLOCKING IN WOOD & METAL STUD WALLS AND CEILINGS. LOCATIONS INCLUDE BUT ARE NOT LIMITED TO TOILETS, BATH ACCESSORIES, CEILING AND WALL MOUNTED ELECTRICAL FIXTURES, SHELVES, CLOSET RODS, CABINETRY, COUNTERTOPS, AND FALSE BEAMS. CODES Adopted Building Codes Eagle County has adopted the 2015 editions of the International Building Codes as follows: 2015 International Building Code 2015 International Residential Code 2015 International Energy Conservation Code 2015 International Plumbing Code 2015 International Fuel Gas Code 2015 International Mechanical Code 2015 International Fire Code with additions and exceptions( check with Eagle River Fire Protection District ) 2015 International Property Maintenance Code 2015 International Wildland-Urban Interface Code 2020 National Electric Code TBD ZEHREN & ASSOCIATES, INC. Contact: Pedro Campos, PLA P.O. Box 1976 Avon, CO 81620 Voice: (970) 949-0257 Fax: (970) 949-1080 Email: PedroC@zehren.com LANDSCAPE ARCHITECT Copyright © 2021 by Zehren & Associates Inc.Attachment B X X X X XX57'-4"41'-0"XXXXX X X X XXXX X XXMEN'S XXX JANITOR /MECHANICAL XXX JANITOR /MECHANICAL XXX ASSISTEDUSE XXX WOMEN'S XXX JANITOR XXX CHANGING STATION STEEL POCKET DOOR STEEL POCKET DOOR DUMP SINK HAND WASHING STATION DISH WASHING STATION ROLLING STEEL SERVICE DOOR CHANGING STATION CHANGINGSTATIONBEAM ABOVE 36' MIN ROOF ABOVE Copyright © 2021 by Zehren & Associates Inc.N SCALE: 1/4" = 1'-0" 2' 4'0 8' A1.1 1 MAIN LEVEL FLOOR PLAN 1/4" = 1'-0" Attachment B X X X X XX57'-4"41'-0"XXXXX X X X XXXX X XX2:12SOLAR PANEL ARRAY RIDGE SEDUM ROOF 2:1212'-8"3'-0"Copyright © 2021 by Zehren & Associates Inc.A1.4 1 ROOF PLAN 1/4" = 1'-0" N SCALE: 1/4" = 1'-0" 2' 4'0 8' Attachment B MEN'S XXX JANITOR /MECHANICAL XXX JANITOR /MECHANICAL XXX ASSISTEDUSE XXX WOMEN'S XXX JANITOR XXX STEEL POCKET DOOR STEEL POCKET DOOR DUMP SINK HAND WASHING STATION DISH WASHING STATION ROLLING STEEL SERVICE DOOR CHANGING STATION CHANGING STATION CONCESSIONS XXX STORAGE XXX LOCKERS ROOF ABOVE4'-0"CHANGINGSTATIONSUPPORT COLUMNS BEAM ABOVE 36' MIN X X X X XX57'-4"41'-0"XXXXX X X X XXXX X XXCopyright © 2021 by Zehren & Associates Inc.N SCALE: 1/4" = 1'-0" 2' 4'0 8' A1.1 1 MAIN LEVEL FLOOR PLAN 1/4" = 1'-0" Attachment B X X X X XX57'-4"41'-0"XXXXX X X X XXXX X XX2:12SOLAR PANEL ARRAY RIDGE SEDUM ROOF 2'-0" 13'-9"2:12WALL BELOW 9'-8"7'-0"Copyright © 2021 by Zehren & Associates Inc.A1.4 1 ROOF PLAN 1/4" = 1'-0" N SCALE: 1/4" = 1'-0" 2' 4'0 8' Attachment B Copyright © 2021 by Zehren & Associates Inc.SCALE: 3/16" = 1'-0" 1' 4'0 10' A2.1 1 SOUTH ELEVATION 3/16" = 1'-0" A2.1 2 NORTH ELEVATION 3/16" = 1'-0" A2.1 3 WEST ELEVATION 3/16" = 1'-0" A2.1 4 EAST ELEVATION 3/16" = 1'-0" Attachment B Copyright © 2021 by Zehren & Associates Inc.SCALE: 3/16" = 1'-0" 1' 4'0 10' A2.1 1 SOUTH ELEVATION 3/16" = 1'-0" A2.1 2 NORTH ELEVATION 3/16" = 1'-0" A2.1 3 WEST ELEVATION 3/16" = 1'-0" A2.1 4 EAST ELEVATION 3/16" = 1'-0" Attachment B 01 *ALL MATERIALS, COLORS AND FINISHES TO MATCH EXISTING MATERIALS WITHIN CURRENT PARK STRUCTURES 02 03 04 05 06 07 Stone Wood Siding Metal Panel Stucco Wood Trim Dark Bronze Metal Windows Sedum Roof Standing Seam Metal Roof + Solar08 C Proposed East Restrooms A Avon Performance Pavilion B Avon Restrooms Copyright © 2021 by Zehren & Associates Inc.Attachment B 7435363 7 3 8 39 7440 35 3 3 32 30 31 32 31 7430 3231 32 3 2 35373637 3 6 74 3 5 3 7743537 36 35 373633 GABLE ROOF W/ GREEN ROOF ON BOTH SIDES EXISTING PATH XERISCAPE GARDEN SEAT WALL 20" HIGH ORNAMENTAL TREE AND XERISCAPE GARDEN EXISTING PARKING EXISTING PARKING ADA LANDING PASSIVE PARK PICNIC AND VIEWING NEW SEAT WALL GATE P1 P2 P3 BUILDING FFE = 7435.8' BRING GRADE UP TO BUILDING CONCRETE STAIRS BIKE RACKS SANDSTONE BOULDER RETAINING WALL CONCRETE STAIRS ELECTRICAL UTILITY EQUIPMENT AREA ADA RAMP W/ HANDRAILS GATE UTILITY AND ADA LANDING NEW ACCESS WAY FROM PARKING LOT BOULDER SEATING6%2%4.0% 8'-0" 166'- 1 1 8" 129'- 1 7 8"35'-61116"32'-5"20'-0 " 46'-3 5 16"26'-9716"1'-6"8'-0" PARKING (16) CABIN PARKS AND RECREATION FIELD 9'-0"18'-0"8'-0" 4'-37 8" PARK ENTRANCE WELCOME SIGN PERENNIAL PLANTINGS 614.965 SF SODDED LAWN 12789.911 SF CONCRETE 2274.523 SF ASPHALT 12278.757 SF PAVERS 3171.246 SF BENCHES QTY - 7 PICNIC TABLES 10 BOULDERS 42 SEAT WALL 509.559 LF FURNITURE HARDSCAPE VEGETATION BOLLARD LIGHT QTY - 7 MATERIALS LEGEND BIKE RACK QTY - 4 GROUND COVER 886.297 SF SHADE SAIL P1 P2 P3 RAIN GARDEN SCALE: 1" = 20' 10' 20'0 40'Copyright © 2021 by Zehren & Associates Inc.Copyright © 2021 by Zehren & Associates Inc.Attachment B CONCESSIONS ADDITION EXISTING PATH XERISCAPE GARDEN SEAT WALL ORNAMENTAL TREE AND XERISCAPE GARDEN 10'EXISTING PARKING EXISTING PARKING ADA LANDING 33'129. 3 8 '23.3'PASSIVE PARK PICNIC AND VIEWING NEW SEAT WALL MATERIALS LEGEND P1 P2 P3 PROPOSED TREES TREES TO REMAIN TREES TO BE REMOVED PERENNIAL PLANTINGS SODDED LAWN CONCRETE ASPHALT PAVERS BENCHES PICNIC TABLES BOULDERS SEAT WALL FURNITURE HARDSCAPE VEGETATION20'GATE BOLLARD LIGHT P1 P2 BUILDING FFE = 35' BRING GRADE UP TO BUILDING PAR K I N G ( 1 5 ) CONCRETE STAIRS BIKE RACKS SANDSTONE BOULDER RETAINING WALL CONCRETE STAIRS ELECTRICAL UTILITY EQUIPMENT AREA ADA RAMP W/ HANDRAILS GATE UTILITY AND ADA LANDING NEW ACCESS WAY FROM PARKING LOT BOULDER SEATING MEN'SXXXJANITOR /MECHANICALXXXJANITOR /MECHANICALXXXASSISTEDUSEXXXWOMEN'SXXXJANITORXXXSTEEL POCKETDOORSTEEL POCKETDOORDUMP SINKHAND WASHINGSTATIONDISH WASHINGSTATIONROLLING STEELSERVICE DOORCHANGINGSTATIONCHANGINGSTATIONCONCESSIONSXXXSTORAGEXXXLOCKERSROOFABOVE4'-0"CHANGINGSTATIONSUPPORTCOLUMNSBEAM ABOVE36' MIN8' 184. 3 3 ' 45.9 1 '1.5'10' 34.5 36 37 33.5 32 37.5 38 39 35 35 36 4037 36 37.5 38 38.5 32 35.5 38 35 37 38 38.91'8'P3 37 38 ROOF LINE SCALE: 1" = 20' 10' 20'0 40'Copyright © 2021 by Zehren & Associates Inc.Copyright © 2021 by Zehren & Associates Inc.Attachment B 7435363 7 3 8 39 7440 35 3 3 32 30 31 32 31 7430 3231 32 3 2 35373637 3 6 74 3 5 3 7743537 36 35 373633 GABLE ROOF W/ GREEN ROOF ON BOTH SIDES EXISTING PATH XERISCAPE GARDEN SEAT WALL 20" HIGH ORNAMENTAL TREE AND XERISCAPE GARDEN ADA LANDING PASSIVE PARK PICNIC AND VIEWING NEW SEAT WALL GATE BUILDING FFE = 7435.8' BRING GRADE UP TO BUILDING CONCRETE STAIRS BIKE RACKS SANDSTONE BOULDER RETAINING WALL CONCRETE STAIRS ELECTRICAL UTILITY EQUIPMENT AREA ADA RAMP W/ HANDRAILS GATE UTILITY AND ADA LANDING NEW ACCESS WAY FROM PARKING LOT BOULDER SEATING MEN'SXXXJANITOR /MECHANICALXXXJANITOR /MECHANICALXXXASSISTEDUSEXXXWOMEN'SXXXJANITORXXXCHANGINGSTATIONSTEEL POCKETDOORSTEEL POCKETDOORDUMP SINKHAND WASHINGSTATIONDISH WASHINGSTATIONROLLING STEELSERVICE DOORCHANGINGSTATIONCHANGINGSTATIONBEAM ABOVE36' MINROOFABOVELARGE EVERGREEN TREE QTY - 4 (14' HT) SINGLE STEM DECIDUOUS TREE QTY - 19 (3" CAL) ORNAMENTAL TREE QTY - 6 (3" CAL) TREES DWARF EVERGREEN SHRUB QTY - 10 (3' HT) MEDIUM DECIDUOUS SHRUB QTY - 28 (15 GAL) SMALL DECIDUOUS SHRUB QTY - 60 (5 GAL) ORNAMENTAL GRASSES QTY - 35 (5 GAL) SHRUBS PERENNIALS AND GROUNDCOVER PERENNIALS 614.965 SF GROUND COVER 886.297 SF SODDED LAWN 12789.911 SF TREE TO REMAIN TREE TO BE REMOVED PLANTING LEGEND PARK ENTRANCE WELCOME SIGN SHADE SAIL RAIN GARDEN SCALE: 1" = 20' 10' 20'0 40'Copyright © 2021 by Zehren & Associates Inc.Copyright © 2021 by Zehren & Associates Inc.Attachment B Copyright © 2021 by Zehren & Associates Inc.SMV01 1 MODEL VIEW NTSSMV01 3 MODEL VIEW NTS SMV01 4 MODEL VIEW NTS SMV01 2 MODEL VIEW NTS Attachment B Attachment B Attachment B Page 1 of 3 TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Off Highway Vehicle use on public roads in the Wildridge sub-division update DATE: November 1, 2021 SUMMARY: This written report serves as an update regarding complaints and Avon Police Department enforcement activities in Off Highway Vehicle (OHV) use since the passing of the OHV ordinance on May 25th that became effective as of June 24th. BACKGROUND: When the Off Highway Vehicle ordinance was passed, the Town Council expressed a desire to review the effectiveness of the ordinance on OHV use post Summer 2021. The Vail Public Safety Communications Center received ten (10) OHV related complaints between the dates of June 24 to Nov 1;  Five (5) of the complaints generated from one household,  Three (3) of the complaints generated from a second household and  Two (2) from a third household. The main subjects of the complaints concerned OHV speeding and OHV users parking their vehicles and unloading to ride. Outside of these complaints, there were three occasions where officers made contacts with OHV riders to make sure they were aware of all the rules and they found that they were. There was one complaint call concerning a ten (10) year old riding. An Officer contacted the rider and parent to educate them of all the rules and gave a warning. In this time period, there were ninety-nine (99) documented directed patrols/Patrol/Radar patrols. One complaint focused on parking on July 3. Officers warned the vehicles for on street parking. As an outcome, Public Works employees installed no parking signs in the area. There was one further complaint on Nov 6. The vehicle, apparently from Gypsum was cited for no parking in front of a no parking sign. It appeared to be a hunter. In summary, the police department has received a low level of complaints, has not experienced any increase in OHV traffic outside of the normal level of traffic over the last few years and while officers have been conducting patrols, they did not witness any egregious violations. Page 2 of 3 The Town of Avon/ Avon Town Council did receive a number of emails from citizens between June 24 to Nov 1. I have summarized the content of the emails and added whether they are in support or against OHV ordinance: Email # 1 (against); Author complained about OHV related speed, reckless behavior to include wheelies and riding with no hands, and disregard for the stop sign at Wildridge Road and Little Point/ North Point. Dirt bikes without license plates on Metcalf Road heading to Wildridge. Author saw an ATV being used in lieu of an automobile to travel from one Wildridge residence to another. One thing that does seem to be working is the no parking signs that have been erected, particularly adjacent to the access to Tract I and 779. Email # 2 (for); Author felt that the OHV use on the local Wildridge roads has been incredibly positive this season. Authors family has spent many hours out on our Wildridge roads and trails. Author has seen many OHV users being polite and respectful, abiding by the terms of the ordinance. Author had an entirely opposite experience then what others have reporting to Town of Avon (TOA). When author has seen youth riding in razors or on dirt bikes, author has seen them with adult supervision, helmets, and eye protection as TOA have required. Author was proud to say that everyone has been polite and understanding of the regulations and were willing to abide by them in order to have continued access to the trails we value so much. Author has seen a few OHV vehicles coming up Wildridge from the bottom but author has made a point to see if they appear to be licensed and highway legal vehicles. Every individual, author has seen, appears to be street legal and are therefore allowed to drive up into our neighborhood on their OHV vehicle (whether they are riding to the trails or not). Email # 3 (for); Author, who is retired, has not seen an increase OHV traffic in Wildridge since enacting the new ordnance. Email # 4 (for); Author watched a portion of the most recent Avon Council meeting and the complaints by two Wildridge residents about excessive speeds and unauthorized usage of OHVs on our Wildridge neighborhood streets. As a Wildridge resident, who lives very close to the entrance of FSR 779, author can attest that author has not seen excessive traffic, unauthorized utilization of, or excessive speeds by OHVs on neighborhood streets this summer or even as compared to prior summers. Author has not witnessed excessive speeds of OHVs on our streets that require additional police presence. The traffic of OHVs appears to be the about the same as prior years. Author sees Avon Police patrolling and monitoring our neighborhood regularly and we appreciate their presence. Email # 5 (for); Now that we’re about halfway through the summer recreation season, author thought that they would provide an update from their perspective on Wildridge Road next to the FS Rd 779 trailhead. The volume of vehicles, OHVs and licensed, accessing public land by way of this trailhead has been similar to that of years past. There has not been an increase in volume. Author saw 4 trucks with trailers parking on the road over the 4th of July holiday but this is consistent with years past and, at the time, there were no “No Parking” signs at that location. Since the “No Parking” signs were installed, there have been a number of hikers in small cars and one Forest Service pickup trying to figure out how to park west of the first “No Parking” sign but east of the FS Page 3 of 3 Rd 779 road cut. Given that this is an access point to our public land and that a high percentage of Avon residents live and recreate in Wildridge, it would be great to have some designated-on street parking for folks that are not wanting to drive up the road. Email # 6 (against); Author complained of a truck and trailer parked on June Creek Trail. An Avon Police Officer contacted the trailer owner. He was a homeowner on June Creek trail and had an issue reversing the trailer into his driveway. The situation was resolved. Same author notified the Town of Avon that he intended to enforce the Wildridge Covenants on the June Creek Trail easement with regard to off-road vehicles and asked that Town stop OHV from entering the easement as it impairs and interferes with me enforcing the Covenants. Email # 7 (against); Author had noticed many dirt bikes riding on Nottingham Road and up Metcalf Road. The town council has opened a pandora's box and people are abusing the right to ride their dirt bikes to Wildridge. It's 9:07pm and author was inside their house and author could hear dirt bikes riding through the neighborhood. Email # 8 (against); Author and his spouse have reported a series of ATV and Dirt Bike violations following the Council meetings regarding the new OHV Ordinance. Author passed an un-registered dirt bike going east on Nottingham Road. At least he was wearing a helmet. Then, at around 5:25 PM, author caught (brief) glimpse of a dirt bike going through the Wildridge East/West intersection going at least 40 MPH. The situation in Wildridge is getting out-of-control. Perhaps the Wildridge Trails Coalition education curriculum needs some serious revisions. ### 970-748-4061 emyler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Emily Myler, General Government Intern RE: Metcalf Road #779 Heavy Maintenance Support Grant DATE: November 11, 2021 SUMMARY: Colorado Parks and Wildlife are seeking applicants for grant funding that supports sustainable and satisfying off-highway vehicle use in Colorado open space. I am asking Council to approve matching funds of up to $15,000 dedicated towards heavy maintenance support of Metcalf Road #779. A collaborative effort between the Wildridge Trail Coalition and the US Forest Service Eagle-Holy Cross Ranger District, this project aims to recondition the road back to a level II high-clearance OHV trail for enjoyment and to ensure that the road does not fall lower than a level II US Forest Service standard. It also focuses on preventing further damage to the road and surrounding environment by installing proper water drainage and removing obstacles which force users off the designated trail into the pristine landscape on either side. This project does not aim to add new trail, change the location of the existing trail, extend the season which the trail is open or increase use by non-Wildridge residents. All in all, this project will transform Metcalf Road #779 into a sustainable trail which is enjoyable and safe to ride for many years to come. BACKGROUND: White Metcalf Road #779 exists on Forest Service land, it mostly impacts Avon residents living in the Wildridge development. In 2011, the Forest Service made the decision to decommission the road due to lack of resources to keep maintain it. The Town of Avon appealed that decision and the two entities agreed to work together to maintain and make changes to the road in a Memorandum of Understanding in 2014. Since then, the road has received little maintenance by either party and is currently in a state of degradation. The following is an excerpt from the OHV grant application regarding details for the project [Attachment 1]: Project Description: This project will fund the reconditioning of Metcalf Road #779, located in the mountains above Avon, Colorado in the Eagle-Holy Cross Ranger District of White River National Forest. The road is 3.1 miles of level II high clearance track which offers challenging and satisfactory OHV riding throughout the summer. It is currently in poor condition due to lack of maintenance and the Town of Avon hopes to support the Forest Service with heavy maintenance that restores the sustainability of the road and prevents its decommission. The Town is partnering with a community group, the Wildridge Trail Coalition, to contract with RPM Construction on a project which includes building water bars to prevent flooding, installing new road base and removing large rocks to even the surface of the road for vehicles, decommission user-created roadways and narrow the track back to a one-way road in places where it has been pushed out by traffic, and reseed the disturbed areas around the roadway. The project is scheduled to begin in 2022 and be completed within a year. This work serves as a first step towards a sustainable maintenance cooperation between the Forest Service, the Town and the public which aims to keep Metcalf Road #779 in working order for OHV enthusiasts. Page 2 of 5 WHO? The Town of Avon is a home-rule municipality within Eagle County, Colorado. The Wildridge Trail Coalition is a non-profit dedicated to maintaining recreation access to the Eagle -Holy Cross Ranger District above Avon. The construction will be completed by RPM constriction, WHERE? Metcalf Road #779 is located in Eagle County, Colorado, within the Eagle-Holy Cross Ranger District of the White River National Forest. The road begins at the top of the Wildridge neighborhood, North of I -70 from the town of Avon and travels North 3.1 miles towards Red and White Mountain. Traditionally the Forest Service has managed the road, but in 2011 the Town of Avon agreed to take on part of that responsibility. WHAT? This project aims to restore Metcalf Road 779 to a level II high-clearance OHV road for use by Wildridge residents. The road has come into severe disrepair as maintenance has been deferred by the Forest Service and Town of Avon. It does not aim to increase road use by making it less challenging or more easily accessible. The main deliverables of this project include: • Mobilize equipment and supplies to the site (Mid-size excavator, front-end loader and dump truck provided by RPM Construction) • Begin at the highest point of FSR 779 and begin cutting water bars with mid -size excavator at regular intervals depending on the grade of the road. We anticipate well over 40 water bars for this project. • Import 3” road base to a designated staging area and haul it up with a front-end loader to install in holes and soft spots as needed. • Take out rocks protruding from the surface that force users to leave the existing road. • Decommission user-created roadways. • Seed all disturbed areas outside of the roadway with an approved Forest Service seed mix. WHEN? The Wildridge Trail Coalition has already received a bid for the above services from RPM Construction. RPM understands that the project is dependent on funds from this grant opportunity and have locked in their bid pricing through June 2023. Depending on funding, we hope to begin the project in June 2022 and have it completed by June 2023. Program Funding Acknowledgement This funding request includes three educational signs which will display the Colorado Registration Dollars at Work logo and remind riders to properly register their machines as well as credit the OHV grant program. FINANCIAL CONSIDERATIONS: The proposed action requires Avon to set aside $15,000 as matching funds to increase the competitiveness of the Town’s grant application. Avon is invested in the condition of Metcalf Road #779 and this financial support underlines the Town’s dedication to keeping the road open for residents to use safely and sustainably during the summer. The actual amount needed for the project may be less depending on the amount granted by CPW and other support raised by the WTC. $15,000 represents approximately 25 percent of the funding needed to complete the reconditioning project as Page 3 of 5 outlined in RPM Construction’s bid [Attachment 2]. RPM Construction understands the nature of the grant and has agreed to lock in their bid until June 2023, by when work is expected to be co mplete. RECOMMENDATION: I recommend Council approve the grant application and budget attached in this report, including the dedication of $15,000 to support the Metcalf Road #779 Heavy Maintenance Support project. The grant deadline is December 3, 2021 and therefore final Council action is requested at the November 16, 2021 meeting. PROPOSED MOTION: “I motion to approve the Colorado Parks and Wildlife OHV Grant application and budget.” Thank you, Emily ATTACHMENTS: Attachment 1: CPW OHV Grant Draft Application Attachment 2: RPM Construction Reconditioning Bid 2022-2023 Off-Highway Vehicle Program State Trail Grant Application Name of Project: Metcalf FSR #779 Maintenance Support Date of Application: 12/3/2021 Total Project Cost: $58,245 Grant Request: $31,245 PROJECT SPONSOR (Name and Address for entity legally responsible for project) Organization Name: Town of Avon Mailing Address: P.O. Box 975 Avon, CO 81620 Fax: Telephone: 970-748-4000 Email: emyler@avon.org OFFICIAL USE ONLY – DUNS # (IF REQUIRED): 183017193 PROJECT CONTACT This is the person with day-to-day responsibility for the managing the project, ensuring the contract scope of work will be fulfilled. Please notify us if Project Contact changes. Name: Matt Pielsticker Title: Planning Director Mailing Address: P.O. Box 975, Avon, CO 81620 Telephone: 970-748-4413 Fax: 970-949-9139 Email: mpielsticker@avon.org Is this the primary contact for this grant: YES NO PROJECT CLOSE-OUT CONTACT This is the person responsible for submitting receipts for project spending and close-out. Please notify us if Project Contact changes. Name: Matt Pielsticker Title: Planning Director Mailing Address: P.O. Box 975, Avon, CO 81620 Telephone: 970-748-4413 Fax: 970-949-9139 Email: mpielsticker@avon.org GRANTS & AGREEMENTS SPECIALIST (USFS only) Name: Title: Mailing Address: Telephone: Fax: Email: PROJECT LOCATION Nearest Town or City: Avon, CO County(ies): Eagle Township/Range/Section: T.2S R.82W Sec. 24, 25 26 State Senate District #: 5 State Representative District #:2 LAND OWNERSHIP 1. Provide the name/s of the property owners: United States of America 2. The trail corridor is controlled by: Fee Simple Lease Easement License Right-of-Way Land Acquisition Ownership to be obtained Other (explain): ___________ TRAIL SYSTEM INFORMATION (List the number of miles for each type of OHV trail in your area) Miles of Singletrack: 0 Miles of 50” or less: 0 Miles of Full-sized: 3.1 TRAIL USER INFORMATION (Please check all that apply to the work planned for this project) All-Terrain Vehicle Side x Side Full Sized 4X4 Motorcycling Four-Wheeling Accessible Access PROJECT INFORMATION (Please check all activities that apply to this project.) Include detailed information for each in the Project Scope of Work. Trail Maintenance Travel Plan Implementation *New Trail Construction miles / ft. ________ (Approved through Travel Mgt Decision) Resource Protection & Improvement *Major Re-Route (that will require new or additional environmental approvals) miles / ft. closed ______ miles / ft. added ______ Signs Youth Corps Restoration/Rehabilitation (existing corridor) Planning Visitor Contacts & Law Enforcement Capital Equipment Education Land Acquisition or Other * New Trail Construction & Major Re-Route: Trail location(s) must be indicated on project map and detailed description of trail work plans must be provided in Project Selection Criteria, Section D-1, #3 Resource Protection, Enhancement & Restoration TRAIL ACTIVITIES SUMMARY (Based on your project description and budget, provide the percentage for each of the categories listed below.) 16% Program maintenance (e.g., erosion controls, water bars and culverts, trail clearing and brushing, trail hardening and trail tread repairs, bridge construction and repairs, trailhead improvements and maintenance, crew wages, etc.) 0% Enforcement, Education & Visitor Contacts (e.g., patrols, enforcement, education and visitor contacts, wages, safety contacts, equipment, etc.) 14% Planning &Travel Plan Implementation (e.g., planning, engineering, maps, inventorying, travel management signs & installation, decommission non-system routes, rehabilitation, new construction, wages, monitoring, etc.) 70% Equipment /Materials/ Signs/ Youth Corps/Miscellaneous (e.g., equipment maintenance and repair, personnel training, certification in the use of specialized equipment, program coordination, etc.) 100% Total: (Note: Percentages should add to 100 %) SCOPE OF WORK – Project Description: Project Name: Metcalf Road #779 Maintenance Support Project No.: (to be completed by CPW) Project Sponsor: Us Forest Service; Paula Peterson Application Year: 2022-2023 Project Contact: Matt Pielsticker Application No.: (to be completed by CPW) Total Project Cost: $ ??? Grant Request: $ ??? Project Description: This project will fund the reconditioning of Metcalf Road Forest Service Road #779, located in the mountains above Avon, Colorado in the Eagle-Holy Cross Ranger District of White River National Forest. The road is 3.1 miles of level II high clearance 4WD route which offers challenging and satisfactory OHV riding throughout the summer. It is currently in poor condition due to lack of maintenance and the Town of Avon hopes to support the Forest Service with heavy maintenance that restores the sustainability of the road and prevents its decommission. The Town is partnering with a community group, the Wildridge Trail Coalition (WTC), to contract with RPM Construction on a project which includes building water bars to manage erosion and divert water off the route, laying new road base and removing large rocks to ensure the is navigable road for OHV but maintain the technical aspects of the route , decommission user-created roadways and narrow the track back to a one-way road in places where it has widened by traffic, and reseed the disturbed areas around the route. The project is scheduled to begin in 2023 and be completed within a year. This work serves as a first step towards a sustainable maintenance cooperation between the Forest Service, the Town and WTC which aims to maintain Metcalf Road #779 in a sustainable condition for OHV enthusiasts. WHO? The Town of Avon is a home-rule municipality within Eagle County, Colorado. The WTC is a non- profit dedicated to maintaining motorized? recreation access to the Eagle-Holy Cross Ranger District above Avon. The heavy maintenance will be completed by RPM construction a local heavy equipment operator in Eagle County, WHERE? Metcalf Road #779 is located in Eagle County, Colorado, within the Eagle-Holy Cross Ranger District of the White River National Forest. The road begins at the top of the Wildridge neighborhood, North of I-70 from the town of Avon and travels North 3.1 miles towards Red and White Mountain and connects to FSR 734 Red and White. Traditionally, the Forest Service has management jurisdiction of the road, but in 2011 the Town of Avon agreed to take on part of the management responsibility. WHAT? This project aims to provide heavy maintenance work on Metcalf Road #779 to a level II high- clearance OHV route for to ensure sustainable access for everyone including the Wilderidge neighbood. The road has come into severe disrepair as maintenance has been deferred by the Forest Service and Town of Avon. The maintenance work would maintain the technical nature of the route but provide for the needed erosion control measures that are lacking . The main deliverables of this project include: • Mobilize equipment and supplies to the site (Mid-size excavator, front-end loader and dump truck provided by RPM Construction) • Begin at the northern intersection of FSR 734 and FSR 779 and begin constructing water bars and grade dips with mid-size excavator at regular intervals depending on the grade of the road. We anticipate well over 40 erosion control features for this project. • Import 3” road base to a designated staging area and haul it up with a front -end loader to fill low areas and soft spots as needed. Commented [PP-2]: Decide to use WTC or spell out thorughout the document? • Take out rocks protruding from the surface that force users to leave the existing road. • Decommission user-created braids, routes, and wide areas along the existing template . • Seed all disturbed areas outside of the roadway with an approved Forest Service seed mix . WHEN? The Wildridge Trail Coalition has already received a bid for the above services from RPM Construction. RPM understands that the project is dependent on funds from this grant opportunity and have locked in their bid pricing through June 2023. Depending on funding, we hope to complete the project by September1, 2023. Program Funding Acknowledgement This funding request includes three educational signs which will display the Colorado Registration Dollars at Work logo and remind riders to properly register their machines as well as credit the OHV grant program. DEFINITIONS? No unfamiliar terms are used in this application. Budget Form Project Name: Metcalf Road #779 Maintenance Support Date Project will be Completed: June 2022 - June 2023 ***ITEMS LISTED IN THE BUDGET BELOW SHOULD BE SPECIFIC AND CORRESPOND TO THE PLANNED ACTIVITIES INDICATED IN THE PROJECT DESCRIPTION (SCOPE OF WORK) IN YOUR GRANT APPLICATION.*** PROJECT FUNDING SOURCES List all sources and amounts of project funding in this section (insert additional lines if needed) CASH In-Kind (Non- Cash) Contributions TOTAL OHV Grant Funding - - $31,245 Town of Avon $15,000 $15,000 Community Support $2,500 - $2,500 Eagle County *pending approval $10,000 - $10,000 United States Forest Service $8,217 $8,217 TOTAL PROJECT AMOUNT $66,962 USE OF GRANT FUNDING List uses of grant funding (only) below I. Personnel Costs Identify as: Salary/wage, benefits, travel, training, outfitting costs, personal protection equipment, etc. List Position Grade, Name or Title Rate of Pay Total Cost $ $ Category Total $0.00 II. Project Materials/Supplies Identify as: Signs, rock, lumber, paint, nails, printing, maps/guides, education materials, etc. Price Per Quantity Total Educational Signage $ 150 3 $450 Category Total $0.00 III. Equipment Identify as: Trail Dozer, ATV, Motorcycle, vehicle operation costs, equipment repairs, fuel, chainsaws, etc. $ - $0.00 Category Total $0.00 Commented [PP-3]: This needs to be extended since the work can't occur until after 6/21/23 and probaly would occur later than that due to snowpack and access. Commented [PP-4]: in budget form add FS in kind amounts, remember to include the $$ of the hardware for the signs (posts, bolts etc. give this a misc line) IV. Contracted Services Identify as: Youth Corps, NEPA, planning, engineering, other subcontractor costs that are not part of your entity. RPM Construction (See Attached) $30,795 Category Total $ 30,795 V. Volunteer Support Identify as: For Volunteers Only Safety education, safety gear (gloves/goggles), outfitting, per diem (meals or mileage when travel required by and identified in project scope of work), non-monetary awards or recognition. Include Trail or Project Location & Tasks $ - $ - Category Total $ - Total $31,245 C-1 FEDERAL ENVIRONMENTAL INFORMATION and LAND MANAGER APPROVAL The applicant is responsible for securing all necessary permits, licenses, clearances, and environmental analysis documentation necessary to comply with local, state, and/or federal laws. Project Name Metcalf Road #779 Heavy Maintenance Support Project Sponsor White River National Forest Eagle-Holy Cross Ranger District As the official responsible for management of the land on which the project will be accomplished, I agree to the following: 1. The project as described in this application has my approval. 2. The project is located on federal public lands and is in conformance with the appropriate Forest Management Plan, BLM Resource Area Management Plan or other decision document titled: Date: 3. A decision has been issued as part of the NEPA environmental review process. Date and title of document: If not, please state reason and the estimated date when NEPA will be complete. [No funds will be distributed until any required NEPA documentation is completed.] For more information contact: 4. The next planning process that may affect this project is planned for (date). Print or type Land Manager’s Name and Title Land Manager Signature and Title Date D-1 PROJECT SELECTION CRITERIA Carefully read and provide answers to each of the following four criteria (four page maximum): All applicants must respond to the following selection criteria questions. You are allowed the space below each question to fill in your answer. If you have an answer that does not fill the entire page, do not feel obligated to fill the space. This application will be scored on a 100 point basis. The maximum number of points that can be awarded for each question is shown in parentheses. Each project will be reviewed by outside reviewers and State Trails staff, and projects will be ranked according to reviewer and staff scores. Failure to provide a response to any question (unless otherwise noted) will reduce your project’s score. Please reference all attachments. 1. Need for & Benefit of the Project (25 points): Describe the objectives of your project and how it will benefit, and protect riding opportunities while protecting resources in the project area. (Use the following as a guideline for describing your project ) • What specifically will the project accomplish? • How will the project protect or improve riding opportunities? • Will it provide essential maintenance to keep OHV riding opportunities available? Please describe maintenance history for this specific area. • Describe how this project will foster and promote a satisfactory and challenging riding opportunity for OHV enthusiasts? • Why is this project a priority at this time? • Provide an estimate of how many and what types of OHV enthusiasts will benefit from the project? • Describe how this project will provide long term value and sustainability? The Metcalf Road #779 Heavy Maintenance Support project requests funding support for the Town of Avon and its partner Wildridge Trail Coalition (WTC) to contract with RPM Construction with the purpose of performing some much-needed maintenance on Forest Service Road #779, transforming the road into a more sustainable OHV route. Metcalf Road #779 is a 3.1-mile stretch of OHV and level II road that connects Eagle County recreators with approximately 60 miles of OHV routes and other recreation opportunities in the White River National Forest Eagle-Holy Cross Ranger District, Metcalf and Red and White Mountain. The route is currently very technical to navigate due to lack of drainage which has left incised ditching, ruts and large muddy sections. There has been very little maintenance over the past 20 years. The Eagle OHV Good Management Crew logs the route out and maintains signage annually but little else has been done. In 2011, the Eagle- Holy Cross Ranger District considered decommissioning the Metcalf Road #779 due to its poor condition and a lack of resources to keep up with maintenance. The Town of Avon agreed to take on some of the maintenance responsibilities in order to keep the road open in the summers. A decade later, Metcalf Road #779 continues to receive little maintenance and needs a large-scale overhaul if it is to provide sustainable access to OHVs and other recreators. The original partnership between the Forest Service and the Town of Avon expired but together with the Town and local support the time is ripe to invest in the heavy maintenance on the Metcalf Road #779. Despite its problems, the community has rallied around Metcalf Road #779. In 2021, Avon Town Council voted to allow OHV use on roads in the Wildridge neighborhood, which abuts Forest Service lands. Residents were outspoke about how important recreation and OHV’s were to them, with many expressing that their decision to live in that neighborhood rested on the access that Metcalf Road #779 offered to National Forest unparalleled open space on public land. The Wildridge Trail Coalition, a nonprofit made up of over 100 members of the public, has been the main driver of maintenance and support for the road. Some members of the public have come forward with concerns about Metcalf Road #799 and OHV safety and sustainability. The Town of Avon and the Wildridge Trail Coalition are dedicated to mitigating these risks by keeping the road closed in the winter, maintaining the quality of the road, and enforcing OHV regulations to limit emissions and sparks and ensure town residents vehicles are registered . Metcalf Road #779 is patrolled by the Eagle OHV Crew, who are committed to educating riders on the rules and regulations of OHV use in Colorado and locally. The only roads which lead to from town are patrolled by Avon Police. Since OHV use was officially allowed on these roads in June 2021, Avon Police have had the ability to enforce Town rules including speed limits, helmet requirements for minors, spark arrestor requirements and state registration and insurance. Officers have experienced few problems with enforcement and are focused on continuing to educate the public on safe and sustainable OHV use. This project will provide needed funding for heavy maintenance on Metcalf Road #779 to bring it up to a sustainable condition with erosion control and maintain a high-clearance 4-wheel drive experience. Work will include: • Constructing over 40 water bars at regular intervals. • Installing 3-inch road base in low areas and soft spots. • Removing rocks protruding from the surface. • Decommissioning user-created routes. • Seeding disturbed areas around the road with a Forest Service-approved seed mix. In addition to heavy maintenance, the Town of Avon requests funds for educational signage regarding the importance of OHV stickers, staying on the trail and stewardship of the land. This signage will aid Avon Police in enforcing rules that keep people and wildlife safe and prevent unsustainable use. This project aims to provide OHV enthusiasts with access to 3.1 miles of challenging, satisfying riding and access to recreational activities in the White River National Forest while also addressing concerns over the impact of OHV use on the community. Without the support of the Town of Avon and dedicated residents of the Wildridge Trail Coalition, the Forest Service is unable to maintain Metcalf Road #779. The loss of this important link in Eagle County’s travel system would impact residents who orient their lives around outdoor recreation as well as visitors who come in search of unparalleled open spaces on public lands. 2. Partnerships, Support and Leverage (25 points): Provide evidence of support for this project from trail users, agencies, local governments, community groups, or individuals and attach letters or petitions to your application packet. Applicants need to demonstrate that the project has a broad spectrum of support. Letters from the following entities are encouraged: relevant political subdivisions with jurisdiction over the project area, conservation organizations, user groups who frequent the area, and community organizations. The program places a higher value on the quality of supporting correspondence submitted rather that the quantity of support letters received. (Use the following as a guideline for describing your project) • Describe all agencies, groups, clubs or organizations who are partners on the project. Will the project utilize volunteers or youth group services? • Are you aware of any controversy this proposed project has caused, if at all, in the local community? • Create a narrative or a list that includes the amounts and sources of additional (non-grant) funds, in- kind services, materials, and any other items that will be used as leverage in your project: − Donations, contributions, materials and other ways that this project will be leveraged − Describe the types of funds that will be contributed to the project − Itemize any funds received from other grants or sources − Provide your total project cost, including the total amount of all grant funds, use of volunteers, donations, and any additional contributions mentioned in your narrative The Town of Avon will work in partnership with the Wildridge Trail Coalition to contract with RPM Construction for heavy reconditioning/maintenance of Metcalf Road #779. This group of residents are dedicated to quality routes in their neighborhood and plan to suppport continued maintenance once initial work is complete. The Town of Avon is also participating in a Memorandum of Understanding with the White River National Forest Eagle-Holy Cross Ranger District to share the future maintenance and enforcement responsibilities on Metcalf Road #779. In addition to grant funds, we also anticipate: • $10,000 from Eagle County • $1,500 from the Singletree Homeowners Association • $1,000 from individual residents of the Wildridge neighborhood • $8,217 in in-kind support from the Eagle-Holy Cross Ranger District including recreation, engineering and road crew supervisor staff time The project has also garnered support from OHV enthusiasts and OHV-oriented businesses across Eagle County including: Commented [EM5]: Waiting on letters of support 3. Resource Protection, Enhancement and Restoration relative to eligible OHV grant activities (25 points): Describe the principal objectives that will be accomplished by this project (e.g., new trail construction, trail relocation or major re-route, trail maintenance, restoration/rehabilitation or any other grant eligible activity). Include as many components as are applicable. Show how the project aids in the protection or improvement of the environment by addressing existing problems, and avoiding or minimizing impacts through the implementation of the project. (Use the following as a guideline for describing your project) • Will this project promote the protection, clean up, rehabilitation or avoidance of sensitive environmental resources such as wildlife habitat or wetlands in the project area? If so, explain how. • Will the project include re-vegetation of eroded areas or trail that will promote the long term protection of sensitive or critical resources? If so, explain how. • Will the project construct or improve drainage structures to prevent erosion or repair damage from excessive runoff, or harden and/or bridge stream crossings and wet areas? • Describe any indirect benefits this project proposal will have on critical resources in the project area. NEW Trail Construction vs. Major Trail Re-Route New Trail Construction: • In the case of new trail construction, provide documentation that shows all required environmental reviews are completed or indicate the current status of that work. • Under what TM Decision the work is being performed. • Provide a description of new trail construction. • Provide detailed map showing the new trail location and length. Major Re-Route: Defined as trail work that will require new and/or additional environmental approvals. (Minor re-routes taking place on an already approved trail corridor will not be considered a major re-route, as described here.) • Provide the number of miles or feet that are being re-routed and why. • Provide a detailed map of where the trail re-route is located, showing old/current route and proposed re-route. The Metcalf Road #779 project does not anticipate the need for new trail building or moving the existing road, rather it focuses on improving the condition and sustainability of existing road within its existing template. All efforts comply with NEPA, as demonstrated in Form C-1 of the application. The road is closed from November 23 to June 21 to all motorized use each year to protect resource conditions in the area including critical deer and elk winter and spring habitats. The project will focus on decommissioning any user-created routes that deviate from the official road as riders try to avoid technical spots as well as narrowing the template back to a single lane with pull outs for passing. In addition, an approved seed mix will be used to reseed areas around the road which have been disturbed to restabilize the surrounding environment. Altogether, the project will ensure that Metcalf Road #779 becomes a sustainable OHV route well into the future for all summer motorized users. Finally, this project acknowledges the role of education in protecting resources and preventing unsafe and unsustainable OHV use. Signage stressing the importance of following the rules will be placed in clear view of users to build a culture of land stewardship in the OHV and recreation community of Eagle Count y. Large Equipment Purchases, Maintenance and Disposition: Large Equipment purchased with OHV funding must have commitment to Long-Term Maintenance and Operations and must only be used for OHV Trail Maintenance Activities. When not in use, equipment will be made available for use on other OHV projects currently or previously supported by CPW. When equipment is no longer in use or needed, it should be passed on to another OHV Club, the BLM or Forest Service, or returned to CPW to insure continued OHV trail maintenance activities. Describe provisions to be made for the following: • Who will be responsible for the operations and maintenance of the equipment? • What is the expected annual budget for operations, maintenance and fuel? • How many (machine) hours are needed to maintain the trail system? • What is the expected annual cost for future operations and maintenance and will that be dependent upon additional OHV grants? • What is the plan for equipment when not in use or when no longer needed? The Metcalf Road #779 project does not require purchase of equipment. 4. Travel Management Plan Implementation, Education and Enforcement (25 points): Active and effective OHV management is based upon the implementation of travel management plans, broad public awareness, compliance, enforcement and providing adequate recreation opportunities. Describe how the project will promote active OHV management and improve OHV use for the benefit of public land visitors. To receive a full score of 25 points for this category the project must incorporate at least one of the following components. (Use the following as a guideline for describing your project) Travel Management: • Will this project employ one or more travel management measures such as educational tools, signage, control structures, methods to reduce conflicts among user groups, visitor contacts and/or increased compliance efforts to improve adherence to OHV regulations and designations? If so, explain those measures. • Include information as to how the project will enhance and promote multiple -use trails. • Will the project assist in monitoring or closing or rehabilitating off -trail, non-system OHV routes in compliance with TMPs or MVUMs or address damaged or closed routes pursuant to an MVUM? (e.g., repair, or the placement or replacement of signage, fencing, and trail barriers or reseeding, resurfacing, decommissioning, or re-contouring trails, etc.). If so, explain how. • Describe how this project is consistent with the long term plans of the land management agency with jurisdiction over the project area? The majority of the routes in the Red and White area are open to all motorized vehicles so OHV’s and licensed vehicles alike may enjoy the range of technical motorized experiences. Providing for a sustainable road template on Metcalf will maintain the access to this over 60 m iles of open motorized system. There are unauthorized single-track trails which emanate from Metcalf Road #779 and throughout this Red and White area. The Town and Wildridge Trail Coalition are committed to work with the Forest Service via the Eagle OHV Good Management Crew to help users understand the MVUM, ride responsibly and close or block illegal routes in this area. The White River National Forest Travel Management Plan signed in 2011 closed Metcalf Road 779. The Town of Avon appealed that decision. Together, the Forest Service and Town agreed to put efforts to make the road template more sustainable. The Town has performed some erosion control work over the years while the Forest Service has kept the route logged out and signed. Unfortunately, neither entity has had the resources to adequately provide for a sustainable template. Together via this grant application, both entities are committed to maintaining this route open for all motorized use during the summer months as well as address the unauthorized use which occurs in the Red and White area Education • Describe the educational components of the project and how this will specifically benefit OHV riders, as well as other area visitors and residents. Note, the most effective educational efforts are those targeted to “on the ground” user education in the field encouraging responsible use through educational materials such as signs, brochures, maps , kiosks, and field contacts. • Explain how this project will encourage responsible use through education. • Does this project use or provide educational tools such as maps, signs, brochures, kiosks, or patrols to educate riders? If so, explain. The Metcalf Road #779 project aims to include consistent education that adheres to state and local OHV rules in. Funding will support three new signs on the road that stress the importance of following rules for safety and care for the environment. Principles that the signs will promote include tread lightly and stay on the trail messages as well as use of spark arrestors, helmets to minors and other local rules. The signs will also bear the Colorado Registration Dollars at Work logo as a reminder to register OHVs and acknowledgement of the role of grant funding in reconditioning Metcalf Road #779. All roads leading to Metcalf Commented [EM6]: Check with Devon on what WTC will do Road #779 are patrolled by Avon Police and the road itself by Eagle OHV Good Management Crew, who are committed to providing education to all users. Enforcement and Compliance Activities: • How will the project improve compliance of OHV regulations and route designations? • Will the project utilize law enforcement or compliance measures to increase compliance with state OHV laws, measures to increase compliance and law enforcement efforts? • How will the project utilize law enforcement or compliance measures to increase compliance with state OHV laws, designated routes and OHV registration requirements for both resident and non- resident OHV recreationists? • How will project assess, document and report the results of compliance and laws enforcement efforts? • Include an estimate of the time and/or financial resources that will be devoted specifically to visitor contacts, compliance and law enforcement under this proposal. The Metcalf Road #779 project aims to rectify a common issue of users diverting from the designated road and creating their own routes to avoid large holes or rocks and muddy sections of the route. Construction will aim to fill low areas and move rocks that are too large for OHVs and return the surface to a level II road passable by 4-wheel drive vehicles. The work will maintain the OHV experience but ensure the route is sustainable into the future. RPM construction will also decommission the alternate routes carved out by users and narrow the road back to its original one-way width to incentivize people to stay on it. Lastly, signage will remind users to stay on designated trails when riding Metcalf Road #779 and other trails in Eagle County. Law enforcement will not be increased as part of this project, but police presence will continue to monitor and educate OHV enthusiasts heading towards Metcalf Road #779 and the Eagle OHV Good Management Crew will continue to patrol the road itself. E-1 Vicinity Map & E-2 Project Site Map E-1 Vicinity Map: Please mark the vicinity where the project is located on the map below. E-2 Project Map: Please provide a map identifying the specific trail-work area or project site. (Make 12 copies to include in your application packet) 1:24,000 scale map OR a Motor Vehicle Use Map (MVUM) That clearly shows roads, trails, streams, management area boundaries, and other significant natural and developed features in the vicinity of the project. (F) Project Illustration Photographs, Drawings, Engineering Plans, Diagrams Provide project illustrations or photos to further demonstrate the needs of the project. Items to consider including may be: • Photos (4-6) of the project area or photos of another project’s outcome that illustrates what you will do for this project • Engineering drawings of the project • Diagrams/plans of the project Image 1. Large muddy rut on Metcalf Road #779 (G) Letters of Project Support Provide up to six (6) letters of support from entities that are supporting the project in ways other than cash or in-kind contributions. Letters should come from at least three of the categories lis ted below. Letters must be current, and must document the need and demand for the proposed project. Please note, identically worded form letters do not sufficiently fulfill this requirement. All letters must be included with the application. Letters mailed directly to the State Trails Program will not be accepted as letters of support for the application, rather they will be treated as public comments on the project as proposed. ▪ Adjacent land owners ▪ Federal, county, city and private land owners ▪ Individual users or user groups ▪ Partners and/or cooperators 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: 2022 DRAFT Budget DATE: 11/12/2021 SUMMARY: This report provides a follow-up to other reports and discussions on the draft 2022 Budget. This agenda item is scheduled as a public hearing. PUBLIC WORKS FACILITY PLANNING: A line item for $100,000 for planning and initial design for a Public Works Facility is proposed for the 2022 Capital Improvements Project Plan budget. Public Works was using both garage space and 2nd floor office space at the Avon Regional Transit Facility (“ARTF”) since this facility was built. The ARTF is now fully utilized for storage of transit busses which has displaced Public Works heavy vehicles. The 5 Public Works plows must now be stored in several locations throughout Town. The 2 street sweeper s will be stored in the former Wildridge Fire Station. Initial planning would involve assessing the future needs of Public Works as well as Building and Facilities and then assessing if supporting facilities could be constructed in the Swift Gulch area or a new facility for Public Works, Building and Facilities and Engineer should be constructed at Lot 5 in the Village (at Avon) [east of Home Depot]. The $100,000 line item is simply a budget to get started with initial space planning and assessment. A more detailed and complete budget would be expected to follow the initial planning process. SNOW PLOW PURCHASES: I will work with Scott Wright to present information at the Council meeting on acquisition of snow plows, options for cash purchases, lease purc hases and annual set asides for future cash purchases. Thank you, Eric 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Justin Hildreth, Town Engineer RE: November Update on Capital Improvement Program DATE: November 4, 2021 SUMMARY: This memo provides Town Council an update on the current status of the 2021 Capital Improvements Program. RECREATION CENTER PROJECTS Pool Plastering. The recreation center pools have a coat of plaster that needs to be replaced every 10- years and was last completed in 2009. The project was successfully completed in October and had a budget of $215,000. The project was funded with $141,000 from the Equipment Replacement Fund and the remainder from the Capital Projects Fund. Jacuzzi Leak Repair. The jacuzzi was closed this summer because the water supply and/or return lines were leaking approximately 3,000 gallons of water per day. The area around the jacuzzi was excavated during the October shutdown but the plumbing was not encountered. Additional excavation is required and was not completed during the October shutdown. Once the full scope of the leaks is determined, a plan to repair it will be presented to Council. Concrete Pool Deck and Drain Replacement. Concrete pool deck and trench drain replacement is needed for both safety and cosmetic purposes. In several areas where settling of the concrete has Page 2 of 10 occurred, often adjacent to trench drains, a lip of up to ½” is creating a tripping or toe stubbing hazard. Additionally, The HVAC duct work in the pool area has deteriorated from water exposure and will need to be replaced. The 2022 Capital Improvements budget includes $50,000 to design the aquatics area repairs. Locker Room Remodel. The Recreation Center Locker Room Remodel Project generally consisted of replacement of lockers, shower and restroom partitions, new tile and paint. The new lockers are made of phenolic resin, will be more durable than the previous lockers, and have a 10-year warranty. The old shower and restroom partitions and some of the old lockers were donated to Riverside Educational Center in Grand Junction, Colorado. The remaining old lockers were donated to Habitat for Humanity in Glenwood Springs. The remodel project was completed November 1st and is now open to the public. The project was completed within the $283,377 project budget. Completed Locker Room Remodel Heating and Air Condition Building Automation System Upgrades. The existing Recreation Center Heating and Air Condition (HVAC) Building Automation System (BAS) is over 10-years old and is no longer supported. Also, the BAS no long communicates with equipment in the facility thus reducing its efficiency. The project will replace the BAS with a similar system utilized in Town Hall and the Public Safety Facility. The project includes repairs to the HVAC equipment communication network and potential energy efficiency benefits. A local engineering firm is in the process of assessing the condition of the HVAC system and existing equipment and a final report will be completed by 2022. The project budget is $250,000 and construction will occur in 2022. Page 3 of 10 HARRY A. NOTTINGHAM PARK PROJECTS Harry A. Nottingham Park West Landscape Improvements Project. The project started on April 1st and is mostly complete except for the stone seats and punch list items. The project expenses are within the $318,000 budget. Project highlights include the following: • Update of the landscaping around the tennis and basketball courts • Replacement of the softball field with a multi-purpose athletic field • Addition of a seating and picnic area east of the parking lot • Upgrade to the parking lot entrance landscaping • Installation of an entry monument sign to match those at other park entrances • Construction of three public sculpture foundations • Conversion of irrigation system water source from potable to non-potable, saving the Town water fees and energy West Harry A. Nottingham Park Landscaping Page 4 of 10 Harry A. Nottingham Park West Courts Resurfacing Project. The 2022 CIP budget includes $1,057,000 to resurface the pickleball, tennis and basketball courts in Harry A. Nottingham Park because of extensive cracking. The courts are 28-years old and past their useful life. We are currently designing the project and plan to bid it out in November and take the Notice of Award to Council on January 11. We contacted Eagle Vail, Homestead and Vail who have recently installed courts as well as several specialized installers for advice. The best long-term investment is to use a post tensioned concrete pad, which will last 30+ years without significant cracking and provides the best value and safest courts. Staff is consulting with the Health and Recreation Committee and community partners to determine the final pickleball/tennis court layout. A final court layout will be brought to Council for approval in January. Eagle Vail Pickleball Courts Vail Pickleball Courts Page 5 of 10 Harry. A. Nottingham Park North Restrooms. Restrooms are proposed near the north parking lot, in the vicinity of the beach and volleyball courts. The facility is currently envisioned to be of similar size and design to the Playground Restrooms. Schematic design is complete and currently going through the Planning and Zoning Commission Design Review Approval Process. The current budget is $50,000 in 2021 and $450,000 in 2022. The project budget is a placeholder since the project has not been fully designed. Construction is scheduled to start in September 2022, after the summer season. Rendering of Harry A. Nottingham Park North Restrooms Harry A. Nottingham Park, East Improvements. The project will redevelop the former Town Hall site. The project scope includes the following: • restrooms to serve special events • plaza • electrical upgrades • parking lot reconstruction • undergrounding powerlines • sustainable infrastructure including solar panels, green roof and electric vehicle chargers • seating wall • picnic area The project is scheduled to be presented to Council on November 16, 2021 Council meeting. Construction is currently planned for 2022. The current project budget is $2,800,000. Page 6 of 10 Rendering of Restrooms at Harry A. Nottingham Park East Improvements Harry A. Nottingham Park Pavilion Moisture Repair Project. The new moisture proofing system and concrete topping slab have been installed. The project is complete and the contractor wrapping up punch list items. Expenses are within the project budget of $425,600. Former Town Hall Asbestos Removal and Demolition Project. The project includes the following items: • Relocate electrical utilities from the building to new control panels • Abatement and disposal of asbestos at hazardous waste landfill in eastern Colorado • Demolition and removal of structure • Removal of underground fuel tank near former police entrance • Grading of site in preparation for future development The project is expected to be completed the week of November 15th and within the $643,359 project budget. Page 7 of 10 STREET IMPROVEMENTS Metcalf Road Culvert Repair. A 30-Ft long section of a 7-FT diameter culvert underneath Metcalf Road collapsed in the vicinity of the northern Metcalf Lofts driveway. The culvert is 130-FT-long and is 25-FT below Metcalf Road. Utilities that serve Wildridge are located above the culvert including water, sewer, gas, electric, Comcast and Century Link. The combination of pipe depth and the presence of utilities makes the repair complex and costly. The project was scheduled to be completed this summer, but additional deterioration of the culvert requires that the damaged portion be replaced. Work is currently scheduled to be completed in Spring 2022. Location of Damaged Culvert under Metcalf Road 2021 Proposed Avon Road / I-70 Pedestrian Safety Improvements. The project will improve safety for bicyclists and pedestrians traveling underneath I-70 at Avon Road. Project highlights include: • Detaching the sidewalk from Avon Road and rerouting it to the west side of the bridge columns • Removing concrete paving and replacing it with landscaping and rock • Constructing snow sheds to prevent snow and ice build-up on the sidewalk • Adjusting drainage to prevent snow melt from accumulating on the sidewalk The projects was scheduled to be completed on November 1st but the contractor is currently scheduled to be completed by November 19th. The project is currently within the approved Project Budget of $1,051,835. Page 8 of 10 Avon Rd / I-70 Pedestrian Safety Improvements Digital Displays Digital displays were installed on the Union Pacific Bridge facing both directions over Avon Road in September. They are currently operating and will be used for the winter event season. One additional display has been purchased and is ready for install. A proposed location is at Swift Gulch Road and Nottingham Road. The Planning and Zoning Commission recommended that the rail road bridge digital displays be installed first prior to evaluating additional locations for digital displays. Graphic Representation of the Digital Display on the Railroad Bridge Page 9 of 10 Buck Creek Road Repair and Paving Project. Buck Creek Road in the area between the bridges was in poor condition and required significant repair. The project included asphalt overlay, addition of concrete curb & gutter, drainage improvements, retaining wall repair and guardrail replacement. Additional work to mitigate damage caused by the July storm event was also completed by the contractor. The project was constructed by United Companies and was completed in October. Expenses are within the project budget of $800,000. Page 10 of 10 Mikaela Way Paving Project. Mikaela Way and the Town Hall parking lot were paved this fall. The existing asphalt pavement and sidewalks were over 20-years old and in need of maintenance. The work included asphalt overlay, concrete repair and Americans with Disabilities Act upgrades. The project was constructed by 360 Paving LLC and was completed in October. Expenses are within the $400,000 project budget. 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Res 21-23 Tax and Fee Waiver for Tract Y DATE: November 11, 2022 SUMMARY: This report presents Resolution No. 21-23 to the Avon Town Council for consideration. Resolution 21-23 would approve a waiver of taxes and fees for the development of Community Housing on Tract Y. Attached is a letter from Legacy Mountain Development whereby Legacy Mountain Development proposes to construct 52 Duplexes and Townhomes for Community Housing. BACKGROUND: The Town Council amended the Avon Municipal Code in 2019 to adopt guidelines for tax and fee waivers to promote Community Housing. This action implemented an identified goal of the 2018 Avon Community Housing Plan. The Town Council also amended the Avon zoning regulations in 2020 to allow “Community Housing” in the Industrial/Commercial Zone District. TAX AND FEE WAIVER: Avon Municipal Code, Chapter 3.14 – Community Housing Incentives sets forth guidelines for tax and fee waivers which requires the adoption of a Deed Restriction on the property to be eligible for tax and fee waivers. The tax and fee waivers include: (1) Real Estate Transfer Tax, (2) Sales Tax on Construction Material, (3) Development Application Fees; and (4) Building Permit Fees. Avon’s water tap fees are NOT included in this waiver. Prior analysis indicated that the collective amount of these tax and fee waivers are estimated to amount to $18,000 to $20,000 per unit. DEED RESTRICTION: The form of the Deed Restriction is attached and would apply to the entire Property once executed and recorded. The Deed Restriction does not restrict owners, but rather limits the use of any residences to at least one full-time resident who meets the definition of “Eagle County Employee”. Paragraph 12 of the Deed Restriction states that these residential properties are eligible for the ¡MI CASA AVON! program and funding assistance. The ¡MI CASA AVON! program is considered essential to deliver new construction to market for full-time residents at an obtainable price point. Legacy Mountain Development proposes this approach for funding assistance so that it tracks the Town of Avon’s existing programs and simplifies the public-private partnership to develop Community Housing in Avon. PROPOSED MOTION: “I move to approve Resolution No. 21-23 Waiving Real Estate Transfer Tax, Sales Tax, Development Code Fees, and Building Permit Fees for the Development of Community Housing on 382 Metcalf Road.” Thank you, Eric ATTACHMENT A: Chapter 3.14 Community Housing Incentive code language ATTACHMENT B: Letter from Legacy Mountain Development ATTACHMENT C: Resolution No. 21-23 Tax Fee Waiver and Deed Restriction AVON MUNICIPAL CODE CHAPTER 3.14 Community Housing Incentives Avon, Colorado, Home Rule Charter and Code Created: 2021-09-28 07:49:46 [EST] (Supp. No. 28) Page 1 of 2 CHAPTER 3.14 Community Housing Incentives 3.14.010 Purpose. Council may elect to promote Community Housing through the use of Community Housing Incentives, including the credit, exemption or waiver of taxes and/or fees which are otherwise applicable to residential development. The approval of Community Housing Incentives shall be in Council's sole discretion. The value of any Community Housing Incentive approved by Council shall be less than or reasonably commensurate with the value of the proposed Community Housing, which shall be determined in Council's sole discretion. The Community Housing Incentive shall not apply and shall not be granted to any Community Housing that is provided to satisfy employee housing mitigation required pursuant to Title 7 - Development Code. (Ord. No. 19-01, §4) 3.14.020 Definitions. Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. Community Housing Incentive means a tax and/or fee credit, exemption, waiver or refund approved by resolution in accordance with this Chapter 3.14. (Ord. No. 19-01, §4) Cross reference(s)—Development, § 7.08.010. 3.14.030 Approval by resolution. Any credit, exemption or waiver of taxes or fees shall be approved by Council by resolution, which approval shall be in Council's sole discretion. The resolution shall include the following minimum elements: (1) The Community Housing project shall be defined by location, type of residential units, and quantity of residential units; (2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be defined, and may be apportioned for a development project with mixed Community Housing and commercial uses and/or free market residential uses; (3) The form of the deed restriction that shall protect and maintain such Community Housing for the benefit of the Town shall be included with the resolution and the resolution shall accept or authorize the acceptance and execution of the deed restriction; (4) The resolution shall include a finding that the tax and/or fee credits, exemptions and/or waivers are necessary to promote Community Housing that meets a current or projected housing need for the Avon community; and, (5) The resolution shall include a finding of public benefit for providing such tax and/or fee credit, exemption and/or waiver. (Ord. No. 19-01, §4) ATTACHMENT A: AMC 3.14 Community Housing Incentives Created: 2021-09-28 07:49:46 [EST] (Supp. No. 28) Page 2 of 2 3.14.040 Sales tax. Council may provide a tax credit for the amount of sales tax imposed upon building materials and fixtures delivered, installed and/or consumed in Community Housing projects. Council may determine to provide a partial tax credit as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. Neither the ability of the Town to grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01, §4) 3.14.050 Real property transfer tax. Council may provide an exemption for the real property transfer tax on property that is conveyed to construct or otherwise provide a Community Housing project. Council may determine to provide a partial tax credit as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. Neither the ability of the Town to grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01, §4) 3.14.060 Development Code fees. Council may provide a waiver, refund or reimbursement of Development Application review fees that are required pursuant to Title 7 - Development Code. The cost for third party consultants and professionals, studies and reports are not included in the Development Application review fees that can be waived, refunded or reimbursed under this Chapter 3.14. Council may determine to provide a partial fee waiver, refund or reimbursement as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) 3.14.070 Avon tap fees. Council may allow the tap fees to be credited towards the cost of required water line upgrades or extensions, may allow deferment of tap fee payment, or may allow a combination of credit and/or deferment of tap fees that are required pursuant to Chapter 13.08 - Rates and Charges of Title 13 - Public Services. Council may determine to provide a partial fee credit or fee deferment as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) 3.14.080 Building permit fees. Council may provide a waiver of Plan Review and Building Permit fees that are required pursuant to Title 15 - Building Code. Council may determine to provide a partial fee waiver, refund or reimbursement as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) ATTACHMENT A: AMC 3.14 Community Housing Incentives ATTACHMENT B: Project Letter ATTACHMENT B: Project Letter ATTACHMENT B: Project Letter Resolution 21-23 Tax and Fee Waiver for 382 Metcalf Rd November 16, 2021 Page 1 of 2 RESOLUTION 21-23 WAIVING REAL ESTATE TRANSFER TAX, SALES TAX, DEVELOPMENT CODE FEES, AND BUILDING PERMIT FEES FOR THE DEVELOPMENT OF COMMUNITY HOUSING ON 382 METCALF RD WHEREAS, [DEVELOPMENT ENTITY], with an address of PO Box 2181, Edwards, Colorado 81632 (the “Declarant”) owns the real property and improvements now or hereafter situated thereon, located at 382 Metcalf Road, Avon, Colorado 81620 and legally described as TRACT Y, FINAL PLAT, MOUNTAIN STAR FILING NO. 3, ACCORDING TO THE PLAT RECORDED JANUARY 23, 1997 IN BOOK 717 AT PAGE 2, COUNTY OF EAGLE, STATE OF COLORADO (the “Property”); and WHEREAS, the Avon Town Council adopted Ordinance 19-01 on June 25, 2019, an ordinance setting forth a process whereby the Avon Town Council may waive or reduce certain fees related to the development of Community Housing projects; and WHEREAS, Declarant intends to construct residential dwelling units for Community Housing (“Community Housing Project”) which meets the requirements of the Avon Municipal Code and the requirements of the Community Housing Deed Restriction attached to this Resolution as Exhibit A (“Deed Restriction”); and WHEREAS, Declarant submitted a written request on November 8, 2021 explaining the proposal to construct residential dwelling units for Community Housing, along with a request to waive applicable development related fees and taxes (“Waiver”) for its Community Housings Project; and WHEREAS, in exchange for the Waiver, Declarant has agreed to execute the Deed Restriction, which Deed Restriction provides the Community Housing units to be constructed shall only be utilized for Eagle County Employees, as defined; and WHEREAS, the Avon Town Council finds that the construction of the Community Housing Project will promote and support, benefit, and enhance the Avon community by providing housing in the vicinity of a regional job center in the IC zone district; and, WHEREAS, the Avon Town Council finds that the promotion and support through the waiver of real estate transfer tax, sales tax on construction materials and fixtures delivered to the Community Housing Project, and waiver of development application and building code fees will promote the health, safety and general welfare of the Avon community. ATTACHMENT C: Res No. 21-23 Resolution 21-23 Tax and Fee Waiver for 382 Metcalf Rd November 16, 2021 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby approves the request for the Waiver and execution of the Deed Restriction as follows: 1. The Town Council hereby finds the Waiver is necessary to promote Community Housing that will meet the current and projected housing needs for the Avon community. 2. The Town Council hereby finds the public as a whole will benefit from the Community Housing Project. 3. The Town hereby grants a waiver of real estate transfer tax for the 4. The Town hereby grants a waiver of sales tax applicable to the Community Housing Project, which waiver shall only apply to the purchase of construction materials and fixtures delivered to the Community Housing Project which are purchased on or before December 31, 2021. 5. The Waiver provided herein shall only become effective upon execution of the Deed Restriction by Declarant and the Town and the recording of the Deed Restriction in the Eagle County Clerk and Recorder’s Office. 6. Declarant shall provide records, receipts and documentation to the Town of the construction materials purchased on or prior December 31, 2021 and shall maintain such records as is required by the Chapter 3.12 Sales Tax of the Avon Municipal Code. 7. This Waiver is conditioned upon development of the Property exclusively for Community Housing. ADOPTED November 16, 2021 by the AVON TOWN COUNCIL By: Attest: ___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ATTACHMENT C: Res No. 21-23 Page 1 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 TOWN OF AVON - EMPLOYEE OCCUPIED DEED RESTRICTION THIS COMMUNITY HOUSING DEED RESTRICTION (the “Deed Restriction”) is entered into on , 202__ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (the “Town”), and [DEVELOPMENT ENTITY], with an address of PO Box 2181, Edwards, Colorado 81632 (the “Declarant”) . WHEREAS, Declarant owns the real property and the improvements now or hereafter situated thereon, located at 382 Metcalf Road, Avon, Colorado 81620 and legally described as TRACT Y, FINAL PLAT, MOUNTAIN STAR FILING NO. 3, ACCORDING TO THE PLAT RECORDED JANUARY 23, 1997 IN BOOK 717 AT PAGE 2, COUNTY OF EAGLE, STATE OF COLORADO (the “Property”); and WHEREAS, Declarant intends to develop the Property exclusively for full time residential which meets the requirements and restrictions in this Deed Restriction; and WHEREAS, in compliance with the allowed uses on the Property, and further to the goals of the Town and Declarant to provide housing for Eagle County Employees (hereinafter defined), Declarant has agreed to place certain restrictions on the use of the Homes (hereinafter defined) to be constructed on the Property for the benefit of the Town by restricting occupancy of the Homes as provided in this Deed Restriction. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the parties agree as follows: COVENANTS 1. Restriction. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The use and development of the Property shall be restricted solely and exclusively to residential development for Community Housing as specified in this Deed Restriction and commercial and light industrial uses permitted by the underlying zone district shall not be permitted. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the Home is the Primary Residence for that person. EXHIBIT A: Deed Restriction Page 2 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 b. Home means each separate single-family or multi-family dwelling constructed within the Property and the real property upon or within which such dwelling is located. c. Owner means any person who acquires an ownership interest in a Home. d. Qualified Resident means an Eagle County Employee who occupies the applicable Home as their Primary Residence. e. Non-Qualified Resident means any person who does not meet the definition of Qualified Resident, including persons who originally qualified as a Qualified Resident but whose circumstances change and who no longer meets the definition of Qualified Resident. f. Primary Residence means the occupation and use of a Home as a person’s primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the occupant is continuously occupying and using the Home as a primary residence. Primary residence status may be maintained if unforeseen circumstances arise that requires the resident Eagle County Employee to temporarily leave the Home for a period not to exceed nine (9) months with the intent to return, and the Home is leased or subleased to another Qualified Resident after receiving written approval from the Town Manager. g. Second Home shall mean the status of a Home when occupied by any person who has a primary residence that is other than that Home. h. Short Term Rental shall mean the rental or lease of a Home for a period of time that is fewer than thirty (30) days. i. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Occupancy of the Homes. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, Declarant shall cause this Deed Restriction to be recorded against the Property in the real property records of Eagle County. b. Occupancy. Every Home developed within the Property shall be occupied by at least one (1) Qualified Resident. Permitted occupancy and use shall include immediate family members of the Qualified Resident(s) and temporary invitees who do not provide compensation for temporary residence at the Home. Any lease of a Home shall be for EXHIBIT A: Deed Restriction Page 3 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 periods of thirty (30) days or longer. Use or lease of a Home as a Second Home or for Short Term Rental is prohibited. Any use or lease of a Home that is not allowed or is prohibited by this Deed Restriction shall constitute a default of this Deed Restriction applicable to that Home only (and not any other Home or any other portion of the Property) and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction against the Owner of the Home that is not compliant with this Deed Restriction but not any other Owner. c. Exceptions. It shall not be deemed a violation of Section 3(b) above if: i. The occupant of a Home who was a Qualified Resident at the time their occupancy began becomes a Non-Qualified Resident because the occupant becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The occupant of a Home who was a Qualified Resident at the time their occupancy began becomes a Non-Qualified Resident because the occupant has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. A Home is unoccupied and the Owner of the Home is actively seeking to sell or lease the Home to a Qualified Resident, provided that the period of vacancy of the Home shall not exceed twelve (12) months. d. Every Owner, by taking title to a Home, covenants that the Owner shall not permit any occupancy, use or lease of the Owner’s Home in violation of this Section 3. No Owner of a Home, nor Declarant, shall be liable for any default under this Deed Restriction by any other Owner. e. Every Owner, by taking title to a Home, covenants that any lease of the Home shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Home and cooperation on providing required documentation for verification of Qualified Resident status. f. No later than February 1st of each year, the Owner of each Home shall submit to the Town a certification setting forth evidence establishing that the occupancy and use of the Home complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office or may be emailed if Owner elects to receive electronic communication. 4. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of a Home is in violation of any provision of this Deed Restriction, the Town may inspect the applicable Home (but not any other Home not alleged to be in violation of this Deed Restriction) between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner EXHIBIT A: Deed Restriction Page 4 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the applicable Home. This Deed Restriction shall constitute permission to enter the applicable Home (but not any other Home not alleged to be in violation of this Deed Restriction) during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Occupancy of the Home by a person who is a Qualified Resident prior to obtaining certification from the Town that such person is a Qualified Resident. b. Any use or occupancy of the Home in violation of Section 3 above. c. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. d. Failure to make payments and comply with the terms of any deed of trust placed on the Home after any period for notice and cure provided in said deed of trust. e. Any action by the Owner to encumber the Home in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. f. Permitting the use of the Home as a Short Term Rental or Second Home. 5. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the applicable Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation, which is not subject to appeal, shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. EXHIBIT A: Deed Restriction Page 5 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 In the event of any lease of a Home to a person who is not a Qualified Resident or use of a Home as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner of that Home (but not any Owner of any other Home) or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 6. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by an Owner, Town shall have the right to enforce that Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs against a defaulting Owner (but not any Owner of any other Home). In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Home that is in default (but not any other Home) and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the defaulting Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of a Home that violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee of that Home (but not any Owner of any other Home) shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 7. Liquidated Damages. Each Owner acknowledges and agrees that in the event of a violation of this Deed Restriction by an Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and each Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that an Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 6 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance against a defaulting Owner (but not any other Owner). In the event of any lease or use of a Home as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the defaulting Owner (but not any other Owner) or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by the defaulting Owner (but not any other Owner) prior to receipt of a Notice of Default and prior to expiration of the sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 8. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Association (“Fannie Mae”) holds or is assigned a deed of trust for any Home, the rights of the Town pursuant to the provisions of Sections 6 and 7 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Home, EXHIBIT A: Deed Restriction Page 6 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 6 or 7. 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Sections 9.e. and 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. In addition to the Town’s rights pursuant to Section 10 hereinbelow, the Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, plus interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. If the Town shall not exercise its right to purchase as contained in this Section 9.e, then immediately upon expiration of the Town’s right to purchase this Deed Restriction shall be deemed terminated and released of record, and of no further force or effect with respect to the Home or other portion of the Property that was the subject of the foreclosure. The Town shall provide written confirmation, in recordable form, of the termination and release of this Deed Restriction as provided in this Section 9.e within ten (10) days after written demand from an Owner. f. Notwithstanding Section 10.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. EXHIBIT A: Deed Restriction Page 7 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances, which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Sections 9.e and 9.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. Mi Casa Program. The Town acknowledges and agrees that the Homes will qualify for buyer participation in the Town’s ¡Mi Casa Avon! Community Housing program, or future similar program, including the purchase and sale of a Deed Restriction with such terms as is determined by the Town and with such funds as may be available in the Town of Avon Community Housing EXHIBIT A: Deed Restriction Page 8 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 Fund. Individual buyers must meet the qualifications the Town’s ¡Mi Casa Avon! Community Housing program in order to participate. Any funding by the Town shall be subject to annual budget and appropriation by the Avon Town Council. The Town shall have the right, in its sole discretion, to revise and amend the requirements for the ¡Mi Casa Avon! Community Housing program from time to time. The Town may approve and require, without consent of the Declarant, a release of this Deed Restriction on a Home concurrently with executing, imposing and recording in the Eagle County Clerk and Recorder’s Office a new Deed Restriction under the ¡Mi Casa Avon! Community Housing program in order to avoid duplication of Deed Restrictions on a Home. 13. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner with respect to such Owner’s Home only and the Town, and Declarant if Declarant holds title to any Home or any portion of the Property affected by the amendment, and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. Declarant shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and recorded document must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of any Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. EXHIBIT A: Deed Restriction Page 9 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property and each Home for the benefit of the Town or the Town’s assigns. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. l. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property or a Home; or, by hand-delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to any Owner at the address provided by the Eagle County Assessor’s office for such Owner’s Home. [signature page follows] EXHIBIT A: Deed Restriction Page 10 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: [______________________________________] By:_________________________________ Name: ______________________________ Its: _________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ____________________, 202__, by ___________________________________, as _______________ of [DECLARANT ENTITY]. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ________________ EXHIBIT A: Deed Restriction Page 11 of 11 Town of Avon – Community Housing Deed Restriction Tract Y – 382 Metcalf Road November 16, 2021 TOWN OF AVON, COLORADO: By:__________________________________ Attest:______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed before me this ______ day of _______________, 2020, by Sarah Smith Hymes, as Mayor, and Brenda Torres, as Town Clerk of the Town of Avon, a Colorado home rule municipal corporation. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ______________ EXHIBIT A: Deed Restriction AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 9, 2021 SET UP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present in person were Amy Phillips, Scott Prince, Tamra Underwood, RJ Andrade, and Chico Thuon. Councilor Lindsay Hardy joined via Zoom. Also present were Planning Director Matt Pielsticker, Mobility Director Eva Wilson, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:33 There were no changes made to the agenda. Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:00 For agenda item 5.5, Resolution 21-24 Riverfront Trail Easement Amendment, Councilor Prince said his son is a part-time employee of East West Resorts and said he feels it is not a conflict of interest and requested to stay on, but he just wanted to provide that disclosure. Councilor Underwood moved to declare that Councilor Prince does not have a conflict of interest with respect to item 5.5. Riverfront Trail Easement Amendment, now standing that his son, who is a dependent, is a part-time employee of the applicant. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince abstained from the vote. Councilor Hardy disclosed she is working on a project directly with East West Partners on Lot 1 Riverfront and potentially has a conflict with agenda item 5.5 Riverfront Trail Easement Amendment. Councilor Underwood moved to declare that Councilor Hardy does not have a conflict of interest with respect to item 5.5 Riverfront Trail Easement Amendment, now standing that she and her firm have done/are doing any work on the other side of the Riverfront project on Lot 1. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy abstained from the vote. Mayor Smith Hymes gave a brief summary on the last Tuesday’s elections. She said the three Avon related ballot questions passed, the Issue 2C for Short-Term Rental Tax with over 70%, and the attempts to recall Councilor Underwood and herself passed with almost a 74% (therefore they both remain in office). She mentioned this was an off-term election and, that given that fact, the turnout county wide was higher than the state’s, and Avon’s turnout was impressive as well. She expressed Council is happy to put the recall behind them and to have a funding source for housing, on which Council will start working actively to put that money to good use in the community. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 9, 2021 SET UP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 4. PUBLIC COMMENT Video Start Time: 00:06:19 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. Michelle Stecher, an Avon resident, commented. She said she is present tonight for the Colorado Gives Day and that she serves on the School Board of Education. She thanked Council for their service. There were no virtual public comments. 5. BUSINESS ITEMS 5.1. PROCLAMATION EAGLE COUNTY GIVES DAY 2021 (SARAH HEREDIA GRASSROOTS COMMITTEE OF THE EAGLE COUNTY GIVES COLLABORATIVE) Video Start Time: 00:07:50 Tsu Wolin-Brown, together with Michelle Stecher, John Weiss and Alan Himelfarb, members of the Eagle County Gives group, were present in-person. Tsu Wolin-Brown expressed they are present to promote Colorado Gives Day and requested Council to officially proclaim Tuesday December 7th as Colorado Gives Day to support this effort and raise awareness. She said the goal is to surpass the 2020 funds raised and said that a donation can be pre-scheduled now online. Mayor Smith Hymes then read the official proclamation and pronounced December 7, 2021 as Colorado Gives Day. The group took a photo with Council members. 5.2. PRESENTATION OF WALKING MOUNTAIN SCIENCE CENTER ENERGY PROGRAM (NIKKI MALINE, WALKING MOUNTAINS SCIENCE SCHOOL) Video Start Time: 00:14:02 Nikki Maline , Energy Programs Director, gave a quick recap on the 2021 home energy assessments, residential, business, and multifamily rebates, and carbon savings ; and talked about the 2021 -‘22 funds. She pointed out that the numbers in the slideshow have been updated since the packet went out as they were reflect ing Avon addresses only and excluded address es in the metro district surrounding Avon . She mentioned that the Town of Vail, Town of Eagle, the Edwards Metro District and Eagle County all contribute to this program. She said the amount of $40 ,000 they are requesting would provide Avon resident s double rebates, additional incentives, and more discounts. Town Manager Eric Heil said that the Town has an energy offset fund. He said $40,000 cannot be guaranteed every year but he feels comfortable that this amount can be afford out of this fund this year if Council feels supportive. He said this would be a great way to accomplish the purpose of that funding. Mayor Smith Hymes called for public comments and no public comments we re made. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 9, 2021 SET UP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Town Manager Eric Heil said no motion is needed only the direction from Council that they are supportive of the $40,000 in funding requested to be included in the 2022 budget. Council agreed. 5.3. PUBLIC HEARING: P ROPOSED 2022 BUDGET (FINANCE MANAGER AMY GREER) Video Start Time: 00:33:09 Finance Manager Amy Greer presented the proposed 2022 budget and explained the memo in the packet highlights the changes requested by Council since the last meeting on October 26th and the budget retreat on October 29th. She answered Council questions . Councilor Underwood asked about the community housing fund. She mentioned a couple of years ago she requested that Finance Director Scott Wright t o make sure that the annual sponsor fee ($15,000) paid from the non-profit Kayak Crossing Affordable Housing Corporation to the Town, goes to the community housing fund and not to the general fund and she wants to make sure it still happens . She also mentio ned the current situation with the old fire station and the Public Works Department’s needs. Town Manager Eric Heil said he is working on a presentation for the November 16th meeting regarding this situation and proposed adding more funds and include building and facilities and maybe engineering to make it work for the Public Works Department. Councilor Prince requested to set aside funds for snowplow truck replacements in 2024, 2025 and 2026. Councilor Thuon agreed with his comments. Mayor Pro Tem asked what is going to happen with the old fire station. Town Manager Eric Heil clarified it is not budgeted to be torn down in 2022 and for this winter the snowplows will be parked in there. He said the Town will work on a design plan to use that space moving forward to see what the cost would be and for how many years it could be used. Majority of Council agreed with his suggestions. Councilor Prince expressed the new Council may change dir ection and it would be great to get direction or a plan in place soon. Mayor Smith Hymes called for public comments and no public comments were made. 5.4. WORK SESSION: DRAFT P ARKING MANAGEMENT PLAN (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 01:04:28 Mobility Director Eva Wilson presented this draft parking management plan and outlined the analysis on paid parking. Town Manager Eric Heil expressed this is very preliminary, and if Council decides to pursuit this, there are many more details to go through to see what works best for Avon. Councilor Thuon asked if the Town owns the parking lot where the Sun & Ski store is. Town Manager Eric Heil clarified only half of it. Councilor Andrade had concerns that adding a $14/day parking fee will make it harder for local workers while hiring and r etaining staff is already a challenge. Councilor Prince was supportive of a baby step program in isolated areas versus a town wide parking program. He said this is needed on the 36 on -street parking spots on Benchmark R oad and at the Rec reation Center. Councilor Thuon suggested, getting back to AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 9, 2021 SET UP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Andrade’s comments on the local employees, to maybe making the Sun & Ski parking lot free through an employee stickers program. Councilor Underwood asked about the tiers and thanked all staff involved on working on this draft. Councilor Hardy questioned who benefits the most from this program as there is not a commercial core in town like Breckenridge or Aspen. She said her concern on creating additional staff and what all that will bring regarding housing and salaries. Mayor Smith Hymes wondered if it is the Town’s responsibility to provide parking for businesses’ staff and said she does not see parking as a revenu e, but a parking management program is needed , paid or unpaid . Mayor Pro Tem Phillips asked staff to promote the free underground park-and-ride parking under Traer Creek Plaza and remind people it is easy to park there and then take the ECO bus to Vail or Avon bus to the Elk Lot. She asked to promote and inform the public that there are more parking options other than the 26 spots in front of The Seasons. Mayor Smith Hymes would like to see a more explicit parking map , including how many spaces are there on each place and asked staff to check the restrictions on the Sun & Ski lot . Councilor Andrade does not support any paid parking plan. Councilor Princ e wants enforcement and a plan for parking at the Recreation Center but not a paid plan. As a next step , Town Manager Eric Heil asked Council to confirm if they support staff spending more time studying a potential partial paid parking plan. Majority of Council is open to studying it and seeing more information. Councilor Prince and Councilor Andrade were not supportive. Mayor S mith Hymes called for public comments and no public comments were made. 5.5. RESOLUTION 21-24: RIVERFRONT TRAIL EASEMENT AMENDMENT (PLANNING DIRECTOR MATT PIELSTICKER ) Video Start Time: 02:00:52 Planning Director Matt Pielsticker presented the resolution and the reasons the path was slightly relocated to make room for landscaping as intended by the Planning and Zoning Commission and Council over 1 year ago. Jim Telling with the EW Riverfront was present to answer questions from Council. Council or Underwood asked about landscape in Tract H and asked who was responsible to maintain that landscaping . Planning Director Matt Pielsticker responded that the Town is responsible. She mentioned she had requested irrigation fr om Tract X to be extended to Tract H to cover those bushes before, but she is not sure if it currently does. Jim Telling explained they do not have the ability to irrigate Tract H as they do not control that land. Town Manager Eric Heil explained th e situation and said he is already meeting regularly with the Public Works Department to discuss all these issues. Councilor Underwood moved to approve Resolution 21 -24 Approving Amendments to the Riverfront Trail Connector Easement on Lot 7, Riverfront Subdivision. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 9, 2021 SET UP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5.6. NOTICE OF AWARD – US6 MOBILITY IMPROVEMENT: TASK ORDER 1, PRELIMINARY ENGINEERING (MOBILITY DIRECTOR EVA WILSON) Video Start Time: 02:11:31 Mobility Director Eva Wilson presented the notice of award and answered Council questions on the crossings and speed limits. Mayor Pro Tem Phillips moved to authorize the issuance of Notice of Award for the US 6 Mobility Improvement Project: Task Order 1. Preliminary Engineering to Stolfus and Associates in the amount of $124,548 as approved by the Town of Avon Capital Projects Fund. Councilor Thuon seconded the motion and the motion passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF OCTOBER 26, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 02:21:28 Mayor Smith Hymes requested a change on item 5.8 Idling Ordinance to capture a comment she made. She will email that change to Town Clerk Brenda Torres. Councilor Underwood moved to approve the minutes from the October 26th regular meeting as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 6.2. APPROVAL OF OCTOBER 29, 2021 BUDGET RETREAT MEETING MINUTES (GENERAL GOVERNMENT MANAGER INEKE DE JONG Video Start Time: 02:23:25 Councilor Underwood asked to add a sentence on item 5.1 that Council discussed the proposed 2022 budget. Councilor Prince asked staff to add the four general points that were discussed, and he clarified for the public that a property for Real Estate Transfer Tax was listed for Mountain Star but it is actually located in Wildwood. Councilor Prince moved to approve the minutes from the October 29th budget retreat meeting as amended. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Andrade and Councilor Hardy were absent and therefore abstained from the vote. 7. WRITTEN REPORTS 7.1. Capital Improvements Project Fall Update (Town Engineer Justin Hildreth) 7.2. El Puente Radio Sponsorship (Marketing & Communications Manager Elizabeth Wood) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:25:21 Councilor Thuon said he has four things to ask, first he asked if Bob the bridge still exists as such as the sign is missing. Second, he asked for milestone updates on CIP projects and expressed that it seems like there is little oversight at the I-70 underpass project. He requested that staff keep an eye on those projects as they progress. Third, on the Metcalf Road project, he requested to have someone that can keep track of traffic flows and put back the white lines. And fourth, he asked for an update on the Metcalf AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 9, 2021 SET UP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Culvert project. He thanked everybody for being a team player. Mayor Pro Tem Phillips asked Town Manager Eric Heil to confirm that the old Town Hall parking lot will be operational before Beaver Creek opens, which he confirmed. She commented she will attend the ECO transit meeting tomorrow and if fellow Councilors have input, to please let her know. Councilor Underwood mentioned she attended the October 28th NWCCOG meeting and there was an update from Senator Bennett's Office on the SHRED Act. The Act had its hearing and is still sitting in committee, but it looks as if there is a lot of support already. She thanked the Public Works Department for the new bubble mirror on Hurd Lane, which is a simple but very important street improvement that matters. She also thanked the Avon voters who came out to vote and kept the Mayor and herself in Office and who voted to pass the Short-Term Rental ballot question. Lastly, she thanked the very kind citizen that brough Mayor Smith Hymes and herself flowers this evening. Councilor Hardy congratulated Councilor Underwood and Mayor Smith Hymes for beating the recall. She expressed she is under the weather and therefore attending virtual this evening but would encourage her fellow Councilors to attend tomorrow's monthly staff coffee as its always a great event, but she cannot go because of her cold. She asked for a status update on future flood mitigation. Lastly, she expressed she has been opposed to the River Run sign from the beginning and wanted to point out it is very bright at night and to please tone down brightness at night. Councilor Thuon and Mayor Smith Hymes asked staff to look into the clusters of new mailboxes in Wildridge. Councilor Prince apologized for what a small group of residents put Mayor Smith Hymes and Councilor Underwood through this past year. He said that it was a tough year and he said he was sorry they had to go through it. Overall, he called the recall a big waste of money and very challenging for everybody involved. He asked Council to leave it behind and move forward and brought up that Council should look at the code to tighten up language with respect to the signature thresholds for future recalls. Mayor Smith Hymes asked staff to not lock down the basketball/tennis courts at all or so early in the season as they are heavily used. She clarified the misunderstanding about the lights at the Piedmont, and that holiday lights are permitted. She expressed it is so great that old Recreation Center lockers could be reused. She mentioned she and Town Manager Eric Heil attended the second Climate Action Collaborative Governing Board meeting yesterday and there are five initiatives identified that local municipalities will focus on first. She said that CAST has a housing task force on which Town Manager Eric Heil serves to have a voice at the state legislature on community housing in mountain town communities. Lastly, she mentioned that Eagle River Water and Sanitation District has a full-time sustainability coordinator who recently presented interesting data they use to measure progress and she will forward this to staff as a useful example. AVON REGULAR MEETING MINUTES TUESDAY NOVEMBER 9, 2021 SET UP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Councilor Prince asked Town Manager Eric Heil to comment on the two letters to the editors in the Vail Daily regarding timeshares at the Front Gate Condominium Development a.k.a. the “big dig.” Town Manager Eric Heil confirmed that timeshares are not permitted on the property. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 7:50 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 Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade CASE COMMITTEE MEETING MINUTES THURSDAY, OCTOBER 21, 2021 COUNCIL CHAMBERS CASE COMMITTEE MEETING MINUTES, 21 OCTOBER 2021 PAGE 1 | 2 1. ROLL CALL Present- Committee Members: Committee Chair Lisa Mattis and Committee Members Pedro Campos, Ruth Stanley and Kathy Ryan, Committee Members Thomas Walsh and Justin Chesney joined remotely. Town Council: Mayor Pro Tem Amy Phillips Town Staff: Cultural, Arts and Special Events Manager Danita Dempsey and General Government Intern Emily Myler Absent- Committee Member Chris Cofelice and Town Council Member Lindsay Hardy The meeting was called to order at 12:31 p.m. 3. OPENING COMMENTS Kathy Ryan commented that her neighbors are expressing to her that sound carries loudly across the lake to homeowners on the shore. There is no need to point speakers across the Lake to disrupt their lives. CASE Manager Dempsey clarified that there were no speakers pointing across the lake, but it’s good to know that the sound still carries from the Pavilion. 4. PUBLIC COMMENT No public comments were made. 5. STAFF UPDATE CASE Manager Dempsey recapped the discussion at the Town Council/CASE Committee Work Session. She unsure of consensus of Council regarding stopping fireworks shows at Town events and inquired what the Committee “heard”. She is working with Beaver Creek to assign Avon’s fireworks contract through 2024. The fireworks from 2021 are already in Town, so they can be used in 2022 with no lead time if Council waits to decide until later. She assumes the penalty fees assigned are to cover costs Western Enterprises incurred in getting their product to Avon, even if they aren’t used. The Committee commented/inquired: A. The Council seems more flexible to consider alternate fireworks options rather than definitive against them and wants to wait to make a firm call either way until spring when more research on alternatives is presented to them. B. Council shouldn’t wait too long since there may be a deadline to order fireworks. C. It’s unclear whether Council wants to get rid of fireworks. D. The decision needs to go before Council again for clarification before any action is taken. E. There are several alternatives to fireworks, let’s let Danita do thorough research and then the Committee can weigh in on which is best. F. Why does Western Enterprises charge a penalty fee to not use their fireworks? G. The Council meeting room setup made it hard to have a dialogue and it didn’t feel like many decisions were made. H. The Council meeting focused on specifics, and the big picture was lost. Committee Chair Mattis expressed how pleased she was with the 2021 events and art. The number and quality of productions was incredible, and the Committee and Special Events department deserve recognition for their success. CASE Manager Dempsey spoke about changes she has made to the 2022 events season. She updated the Committee that she has spoken to Colorado Events, and they will not be returning next year. The Circus and the Festival of the Arts are still CASE COMMITTEE MEETING MINUTES THURSDAY, OCTOBER 21, 2021 COUNCIL CHAMBERS CASE COMMITTEE MEETING MINUTES, 21 OCTOBER 2021 PAGE 2 | 2 up in the air, and she is having conversations about moving the Weekly Art Expo to the Westin Plaza. She is also considering how to improve the Avon Art Walk next year. She does envision a CASE Committee retreat in January 2022 to do long-term visioning. A. The Committee needs to meet with Council again to focus on long-term strategy and planning. B. Long-term planning should consider accessibility for an aging population as well as environmental sustainability. C. The younger generation is often excluded in the Avon community, and programming should seek to include them in addition to including infrastructure for the handicapped community. D. There needs to be more unity on the purpose of events. Do they cater to community members or visitors more, and how does that purpose change the structure of events? E. Labor Day Weekend should have been a larger event and the opportunity was missed by focusing it too local. That event has potential to grow to something that brings in an outside audience. F. Big economy driving events are better produced by 3rd party partners. Avon can focus on being a good host for them because we have a unique venue to offer them. G. Avon’s central venue means events affect the community members more than Vail, so Avon needs to be more conscious of that when planning the events. H. Events planning should be separated from budgeting. I. It would be great to insert more dance and culture in the long term. J. Events have made room for local representation, Avon’s arts and culture should aim to bring in more locals as well. K. It’s important to plan in a way that is stable through changes on Town Council so there is follow up to any 10-year plans. L. More variety of dance would be very fun, maybe a whole week of dance or a series event. M. Long-term planning meetings should happen early in 2022, before some current Committee Members’ terms are up in February. CASE Manager Dempsey said the CASE Committee has done so much work to define the focus of events on community, but economic impact can work alongside that focus, it’s not either or. However, she’s learned that events focused specifically on bringing in tourists isn’t the best fit for Avon. The Committee can discuss the agenda for a retreat in early 2022 that is singularly focused on long-term planning with Council. She will send the Committee planning work done in 2020 to consider prior. She’s not sure she can get the work done to present the 10-year plan to Council in February. It might be possible to extend terms through that process. She has experience trying many of the suggestions from the Committee and having them fail, but it’s worth considering them again with a new lens. Committee Member Justin Chesney left the meeting at 1:58 p.m. 5. ADJOURNMENT The meeting adjourned at 2:22 p.m. Respectfully submitted by: Emily Myler General Government Intern MEMORANDUM TO: Board of Directors FROM: Beth Doliboa, District Administrator DATE: November 8, 2021 RE: Summary of Authority’s October 28, 2021, Board Meeting The following is a summary of items discussed at the October 28, 2021, Authority Board Meeting. Board members present and acting were Chair George Gregory, Vice-Chair Sarah Smith Hymes, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner and Mick Woodworth. Introductions Management introduced the following new employees, Kate Isaacson, Lab Analyst; Liz Carter, Fields Operations Coordinator; Matt Sears, Wastewater Operator; Amber Parmet, Project Engineer; Jesse Hooker, IT Helpdesk Technician; and Rajesh Patel, IT Systems Administrator. Budget Presentation David Norris and Jim Cannava presented the 2022 budget and outlined the process, including the fund balances, proposed expenses and rates, and the fund structure. Staff encouraged board directors to thoroughly review the budget, which will be included in the November board packet for approval. ERWC Funding Request for 2022 Siri Roman discussed the informational memo, which outlined an annually budgeted request for $25,000 from ERWSD and $25,000 from UERWA for the Eagle River Watershed Council’s Water Quality Monitoring and Assessment Program as well as $25,000 from ERWSD and $25,000 from UERWA in unrestricted funds. Employee Survey Results Tom Borawski presented the 2021 Employee Engagement Survey results. There was participation by 106 of 121 of employees, and the overall favorability score was 84%. Cloud Seeing Program Overview Guests from the Colorado River District and Colorado Water Conservation board discussed the results of the 2020/2021 ski season cloud seeing program and how it assisted with snowpack in the area. The Authority approved a contribution of $15,000 for the 2021/2022 cloud seeding effort. Mill Creek Aquatic Die-off Update Colorado Department of Public Health and Environment (CDPHE) continues to investigate the die-off in Mill and Gore Creeks, which coincided with a discharge from Vail Mountain snowmaking system infrastructure. Colorado Parks and Wildlife continues to investigate the cause of the aquatic life mortality, and documents related to the event are available on CDPHE's website. Edwards River Park Jason Cowles noted the Edwards River Park development was approved by the county commissioners and included deed-restricted and employee housing units for rent and sale. Jason noted some of the Eagle Park water conveyed Summary of Authority’s October 28, 2021, Board Meeting Page 2 of 2 from Eagle County to the Authority can be used for this project, which will require approximately 70-acre feet of augmentation water. Water Dedication Policy The board approved Kristin Moseley’s updates to the water dedication policy and requested the effective date be amended to Jan. 1, 2022. 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Inntopia Systems Service Agreement DATE: October 9, 2021 SUMMARY: This is submitted as a written report and no action by Council is requested. This report provides a brief summary of the findings related to the agreement between the Town of Avon and Inntopia / DestiMetrics and considerations for renewing the agreement based off these findings. The 2021 Approved Budget includes $22,423 in expense for the 2021 Inntopia Systems Agreement. The 2022 Proposed Budget does not include this expense. Council requested Staff to determine if the lodging community desires to continue this service. Staff received no interest from the lodging community to continue this service and no interest to contribute financially for this service; therefore, Staff will not renew this agreement with Inntopia/DestiMetrics for 2022. BACKGROUND: Inntopia / DestiMetrics is an omnipresent ski resort reporting software which provides lodging data: actual historic and forecasting data of lodging reservations; average daily occupancy; average daily room rates; and, comparative data across Colorado and national ski markets – see Table 1 below As part of the Economic Development Strategy presented to Town Council on December 9, 2014; the Town implemented MuniRevs for daily reporting of sales/accommodation tax related to events and began using the Inntopia reporting services as a data tool and metrics to help guide economic decisions and outcomes, including those related to events. Table 1 Inntopia Product Description Reservation Activity Outlook (RAO) Community wide aggregation of paid occupancy, ADR and RevPAR. Includes the corresponding data submitting properties. Multi Destination Comparative (standard) Comparison of destination's RAO data (occupancy and ADR) against the DMX "universe" of other mountain destination in bar graph format. Daily Occupancy Report (DOR) Year over year comparison of daily paid and unpaid occupancy with YOY comparison in line graph format. DOR 60 Day Retail Report Available for public distribution Occupancy Lead Time Analysis This report breaks down the percentage of occupancy by the month it was booked for each arrival month of occupancy for the past six (6) months The Services Agreement provides access to reporting properties to not only report, but to review and pull the reports provided. Currently, there are six (6) properties and one (1) group that provide Reservations Activity Outlook (RAO); and of those, three (3) properties and one (1) group also provide Daily Occupancy Report (DOR) data to Inntopia to create the reporting provided through Inntopia. A list of reporting properties is proved below: 1. Beaver Creek West Condominiums - RAO Page 2 of 2 2. Falcon Point - RAO 3. The Ascent Residences – (East West) - RAO 4. Comfort Inn – RAO & DOR 5. Christie Lodge – RAO & DOR 6. The Westin Riverfront Resort & Spa - RAO & DOR 7. Beaver Creek Resort Properties (Vail Resorts: i.e., Units at The Seasons, Canyon Run, etc.) - RAO & DOR Beaver Creek West, Falcon Point and The Ascent Residences have never reported DOR due in part to the makeup of the property inventory (owner stays, staffing resources, etc.) And, up until 2019, the Sheraton Mountain Vista, Lakeside Terrace, Westin Riverfront Mountain Villas, have reported both the RAO and the DOR. This is due in part to either new corporate direction and/or makeup of the property inventory (owner stays, etc.). Subsequentially, the historical and forward data provided by the latter three (3) properties/groups have been removed from Avon’s reporting as to not skew the data such as comparative and year-over-year. ANALYSIS: At the direction of Council, Staff successfully contacted the five (5) of the seven (7) reporting properties to determine their use of the products and services and interest in financially contributing to the cost of the services. The questions posed to each property are listed below: 1. Do you or your colleagues access the Inntopia portal? 2. Use the data provided to guide decisions? 3. If so, which reports are of most value? 4. What type of decisions are impacted by the reporting? 5. Would you be willing to contribute financially to the overall cost of these services? In summary, the properties who responded have either reported they do not routinely access the reporting available, do not use the data to drive decisions, contract separately for specific reports related to their property and/or use other software platforms for their data collection. And, would not be negatively impacted if the Town does not renew their agreement with Inntopia System Services in 2022. Also, none of the properties contacted would be interested in contributed financially to the cost. FINANCIAL CONSIDERATIONS: The cost of the Agreement in 2021 is $22,423. Currently, this expense is not included in the 2022 Proposed Budget. Thank you, Danita 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, Planning Director RE: Lot B Hotel Development Plan Expiration DATE: November 11, 2021 SUMMARY: The purpose of this report is to inform the Town Council that the Development Plan approvals for the Lot B Hotel project, originally approved in December 2016, will expire on December 16, 2021. Lot B is a vacant parking lot located at 130 W. Beaver Creek Boulevard, between the Avon Center and the Sheraton Mountain Vista. After further discussions with the current property owners, staff was informed that they have chosen to not pursue further extensions. This matter was last extended by the Town Council in June 2021 for six months in order to determine acceptable ways to mitigate for employee housing and other current code regulations Any further plans for the site must now come into compliance with all current Development Code regulations, including Inclusionary Housing (zoning), Solar, and Electric Vehicle standards. APPROVAL TIMELINE: • November 1, 2016 & November 14, 2016 – PZC public hearings • December 5, 2016 & December 13, 2016 – TC approval for two (2) years (expiration December 2018) • November 13, 2018 – TC approval for one (1) additional year; new expiration December 2019 • November 12, 2019 – TC approval of six (6) month extension; new expiration June 13, 2020 • March 10, 2020 – TC approval of one (1) year extension; new expiration June 13, 2021 • June 6, 2021 – TC approval of six (6) month extension; set to expire December 13, 2021 Thank you, Matt 970-748-4019 jmccracken@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Joel McCracken, Senior Accountant RE: Financial Report September and October 2021 Revenues DATE: November 12th, 2021 SUMMARY: The content of this report will reflect the revenues for sales, accommodations, tobacco and cigarette tax for the period of September 2021. Further, revenues for real estate transfer tax and recreation admissions & program fees for the period of October 2021 will be reported upon. Lastly, a summary table of all revenues with a 2020 v 2021 YTD comparison. This is submitted as a written report and no action by Council is being requested. BACKGROUND: The Town’s 2021 budget was adopted in December 2020. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for the periods of September and October revenues in 2021. Tax revenues are not budgeted on a monthly basis. However, for purposes of analysis, monthly budget variances are based on a 5-year average of actual revenues. ANALYSIS: Sales Tax Revenues – September 2021 September 2021: September sales tax revenues totaled $1,067,979. This is an increase of $174,048 or 19.47% compared to September 2020 sales tax revenue of $893,931. SEPTEMBER 2020 v SEPTEMBER 2021, SALES TAX COMPARISON BY INDUSTRY September 2020 September 2021 Increase/Decrease Home/Garden $126,342.59 $119,551.97 ($6,790.62) Grocery/Specialty/Health $182,292.98 $178,169.24 ($4,123.74) Sporting Goods Retail/Rental $32,558.29 $43,787.30 $11,229.01 Miscellaneous Retail $47,387.91 $101,680.95 $54,293.04 Accommodations $97,171.70 $152,362.61 $55,190.91 Restaurants/Bars $126,649.91 $158,623.24 $31,973.33 Other $11,640.42 $17,062.09 $5,421.67 Service Related $70,694.06 $76,798.28 $6,104.22 Liquor Stores $28,182.46 $25,413.62 ($2,768.84) E-Commerce Retail $41,596.96 $48,465.26 $6,868.30 Manufacturing/Wholesale $33,612.82 $35,571.89 $1,959.07 Construction Related Services $61,190.73 $66,877.69 $5,686.96 Digital Media Suppliers/Sellers $12,686.17 $19,954.20 $7,268.03 Page 2 of 8 Commercial/Industrial Equipment $20,118.02 $23,565.57 $3,447.55 Special Events $1,806.42 $94.63 ($1,711.79) TOTAL $893,931.44 $1,067,978.54 $174,047.10 Note: Since the SUTS system was first implemented in the Town of Avon in late 2020, more than 100 businesses have registered to remit sales tax which has resulted in e-commerce retail sales tax revenues to dramatically increase. September 2021 Proposed Budget v Actual Collections: September 2021 sales tax revenues totaled $1,067,979. This is an increase of $150,475 over the proposed September 2021 estimates of $917,504. This is 16.40% over the 2021 proposed budget, which is calculated based on a 5-year average. SEPTEMBER 2020 v SEPTEMBER 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - SALES TAX 2021 Budget 2021 Actual Dollar Variance Percentage Variance Sales Tax $917,503.97 $1,067,978.54 $150,474.57 16.40% 690,883.92 680,720.64 903,289.81 893,931.44 1,067,978.54 -1.47% 32.70%-1.04% 19.47% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 2017 2018 2019 2020 2021 2017 -2021 September Sales Tax Revenue Trend Page 3 of 8 Accommodation Tax Revenues – September 2021 September 2021: Accommodation tax revenues totaled $164,799 for the month of September. This is an increase of $69,612 or 73.13% compared to September 2020 accommodation tax revenues, which totaled $95,187. Accommodation tax collections by industry type for September 2021 compared to September 2020 reported an increase for Vacation Rentals, Time Shares and Hotels. SEPTEMBER 2020 v SEPTEMBER 2021 ACCOMMODATION TAX COMPARISON BY INDUSTRY September 2020 September 2021 Increase/(Decrease) Timeshares $19,273.17 $27,703.31 $8,430.14 Hotels $47,020.96 $61,075.37 $14,054.41 Vacation Rentals $28,892.58 $76,020.61 $47,128.03 TOTAL $95,186.71 $164,799.29 $69,612.58 September 2021 Proposed Budget v Actual Collections: September 2021 accommodation tax revenues totaled $164,799. This is an increase of $69,701 over the proposed September 2021 estimates of $95,098. This is 73.29% over the 2021 proposed budget. 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2021 Budget 2021 Actual Dollar Variance Percentage Variance Acc. Tax 95,098.11 $164,799.29 $69,701.18 73.29% Page 4 of 8 Tobacco & Cigarette Tax Revenues – September 2021 September 2021: Tobacco tax revenues totaled $23,932 and cigarette tax revenues totaled $22,341 for September 2021. Compared to September 2020 revenues, this is an increase of $4,602 for tobacco tax revenues, which totaled $19,330 and a decrease of $1,632 for cigarette tax revenues, which totaled $23,973. 81,838 85,258 89,363 95,187 164,799 4.18%4.81%6.52% 73.13% $50,000 $100,000 $150,000 $200,000 2017 2018 2019 2020 2021 2017-2021 September Accommodation Tax Revenue Trend 15,846 23,973 22,341 51.28% -6.81% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2019-2021 September Cigarette Excise Tax Revenue Trend Page 5 of 8 September 2021 Proposed Budget v Actual Collections: September 2021 tobacco and cigarette tax revenues totaled $23,932 and $22,341, respectively. This is an increase of $4,434 over the proposed September 2021 budget for tobacco tax, which is $19,498 and an increase of $162 over for the proposed September 2021 budget for cigarette tax estimates, which is $22,179 which is based on a 5-year average. 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2021 Budget 2021 Actual Dollar Variance Percentage Variance Tobacco $19,498.44 $23,932.44 $4,434.00 22.74% Cigarettes $22,179.21 $22,341.00 $161.79 0.79% $4,595.79 NOTE: Walgreens has a pricing and point of sale issues resulting in removing cigarettes and tobacco from their shelves. Real Estate Transfer Tax Revenues – October 2021 October 2021 October 2021 Real estate transfer tax totaled $1,015,510. Compared to October 2020, which totaled $906,843, this is a decrease of $108,667. 12,647 19,330 23,932 52.85%23.81% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2019-2021 September Tobacco Tax Revenue Trend Page 6 of 8 Recreation Center Revenues – October 2021 Admissions & Program Fees October 2021: Recreation admission revenues for October 2021 totaled $33,108, an increase of $4,479 compared to October 2020, which totaled $28,628. This is $1,510 under the original 2021 budget estimates of $34,618. Recreation program fee revenues for October 2021 totaled $16,821. This is a decrease of $1,249 compared to 2020, which totaled $18,060. This is $2,894 under the original 2021 budget estimates, which is $19,715 which is calculated based on a 5-year average. $497,643 $330,671 $359,783 $906,843 $1,015,510 -50.49% 8.09% 60.33% 10.70% $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2017 2018 2019 2020 2021 Real Estate Transfer Tax October Revenue Trends 51,833 59,693 58,056 28,628 33,107 13.17% -2.82% -102.79% 13.53% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 2017 2018 2019 2020 2021 Recreation Admissions September Revenue Trends Page 7 of 8 Tax Revenue Comparison – YTD 2020 v 2021 Actual 2020 v 2021 All revenues are reporting an increase for 2021 compared to 2020. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2021 v Actual 2021 $30,853 $41,464 $34,705 $34,839 $28,029 34.39% -16.30% 0.39% -19.55% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 2017 2018 2019 2020 2021 Recreation Program Fees September Revenue Trends 2020 v 2021 Year-to-Date Revenue Comparison 2020 YTD 2021 YTD Dollar Variance Percentage Variance Sales Tax $6,387,631.96 $8,245,738.59 $1,684,059.53 29.09% Acc. Tax $916,073.11 $1,529,125.64 $613,052.53 66.92% Tobacco Tax $151,747.78 $225,492.83 $73,745.05 48.60% Cigarette Tax $193,877.97 $195,573.00 $1,695.03 0.87% RETT $3,625,592.52 $5,001,229.42 $1,375,636.90 37.94% Rec Admissions $308,365.59 $500,033.63 $191,668.04 62.16% Rec Program Fees $274,454.81 $274,669.25 184.44 0.07% Page 8 of 8 All revenues with the exception of Recreation Program Fees reflect a positive variance over the Adopted 2021 budget. Below is a table which reflects the dollar change and percentage variance. FINANCIAL CONSIDERATIONS: This is submitted as a written report and there are no financial considerations for Council. RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for Council. Thank you, Joel McCracken 2021 Revenue Comparison – Budget v Actual 2021 YTD Budget 2021 YTD Dollar Variance Percentage Variance Sales Tax $7,458,872.34 $8,245,738.59 $786,866.25 10.55% Acc. Tax $1,171,489.70 $1,529,125.64 $357,635.94 30.53% Tobacco Tax $157,903.91 $225,492.83 $67,588.92 42.80% Cigarette Tax $192,127.84 $195,573.00 $3,445.16 1.79% RETT $2,366,042.95 $5,001,229.42 $2,635,186.47 111.38% Rec Admissions $391,506.28 $500,033.63 $108,527.35 27.72% Rec Program Fees 277,410.21 $274,669.25 ($2,740.96) -0.99%