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TC Packet 02-08-2022_______________________________________________________________________________ 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, February 8, 2022 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. Swearing in of new Police Officers Cirilo Zarate and Joshua Hernandez and Presentation of Chiefs Community Partnership Awards to donors to the 2021 Avon PD Shop with a Cop (Chief of Police Greg Daly) (25 Minutes) 5:05 5.2. Extension of Resolution for Ad Hoc Health & Recreation Committee (Recreation Director Michael Labagh) (15 Minutes) 5:30 5.3. Public Hearing: Resolution 22-01, A Resolution Approving a Preliminary Subdivision Application for McGrady Acres Subdivision (Planning Director Matt Pielsticker) (30 Minutes) 5:45 5.4. Employee Housing Mitigation Plan for McGrady Acres Enclave (Planning Director Matt Pielsticker) (30 Minutes) 6:15 5.5. Work session: Marketing Strategies (Communications Manager Elizabeth Wood) (30 Minutes) 6:45 5.6. Work session: Update on the Climate Action Collaborative Governing Board (Town Manager Eric Heil) (15 Minutes) 7:15 5.7. Ordinance 22-03 Amending Avon Municipal Code Section 15.08.160 Regarding Grading (Town Attorney Karl Hanlon) (15 Minutes) 7:30 6. MINUTES 6.1. Approval of January 11, 2022 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 7:45 6.2. Approval of January 25, 2022 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 7:50 7. WRITTEN REPORTS 7.1. Draft January 27 CASE Committee Meeting Minutes (General Government Intern Emily Myler) 7.2. February 1 PZC Meeting Abstract (Planning Director Matt Pielsticker) 7.3. Vactor Truck Procurement Update (Assistant Public Operations Manager Drew Isaacson) ** Indicates topic will be discussed at future agenda’s 1. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 7:55 2. EXECUTIVE SESSION (45 MINUTES) 8:10 2.1. Kayak Crossing: For the purpose of discussing real property interest under C.R.S.§24-6- 402(4)(a). _______________________________________________________________________________ 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. 3. ADJOURN 8:55 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE AGENDAS • 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) 970 748 4049 gdaly@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Swearing in and badge pinning of Officer Cirilo Zarate and Officer Joshua Hernandez DATE: June 8th, 2021 SWEARING IN AND BADGE PINNING CEREMONY: Tonight, we will join Officer Cirilo Zarate and Officer Joshua and their families as they take their oaths as Avon’s newest Police Officer’s and individually receive their badges. This is a great night for the Avon Police Department to swear in an additional two Latino police department officers to include an immigrant from Mexico into the roles of police officers. This brings us to seven Latinx officers and one Administrative Services Officer on the force. Officer Zarate, hails from the Nahua indigenous tribe in Central Mexico. He speaks three languages to include his tribal language, Spanish, and English. He had worked in the ski and bicycle industry in Eagle County for many years. His father served in the Mexican Federal Police Force. Cirilo is an avid mountain and road biker. He came fourth in the 2021 National Mountain Bike Championship in the 35-39 category. Cirilo’s wife Beth is pinning his badge tonight. Officer Hernandez grew up in Chicago and then in Indiana. He is an avid mixed martial artist. He has competed in amateur MMA, Brazilian jiu jitsu and boxing competitions. He was one of our two Community Response Rangers in Harry A. Nottingham Park last summer before he successful applied to become an Avon Police Officer. He and Cirilo completed the police academy in December 2021 and are currently working through their Field Training Program. Joshua’s wife Allyson is pinning his badge tonight. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badges are the visible signs of their role, responsibilities, authority, and trust with our community. Mayor Smith-Hymes will preside over the swearing-in. The Oath of Office will be administered by Deputy Town Clerk Brenda Torres. Congratulations to Officer Zarate and Officer Hernandez. Thank you, Chief Greg Daly. ### (970) 748-4040 gdaly@avon.org TO: Honorable Mayor Smith-Hymes and Council members FROM: Greg Daly, Chief of Police RE: Avon Police Department Chiefs Community Partnership Awards for the 2021 Shop with a Cop DATE: February 8, 2022 SUMMARY Honorable Mayor and Council, we are delighted to have the opportunity to present Chiefs Community Partnership Awards to community members, organizations, and businesses for their phenomenal support of our annual “Shop with a Cop” event that occurred on December 7, 2021. BACKGROUND For many years, the Avon Police Department has participated annually in Shop with a Cop with our other partner law enforcement agencies. In 2020 due to COVID and then in 2021 we decided to go it alone concentrating our efforts on our Avon children, picked by Principal Dana Harrison and Staff at the Avon Elementary School. Vail PD and a collaboration of Eagle PD, Eagle County Sheriff’s Office and the Colorado State Patrol had their own individual events in their jurisdictions. It just made more sense to bring our Avon children to Walmart and then to the Westin Riverfront Resort, all in the Town of Avon. Shop with a Cop is an amazing community event, allowing the Avon Police Department/ Town of Avon another opportunity to serve our community and bring enormous joy to twenty children and their families. It is another opportunity to foster trust relationships between our community and the men and women whose mission is to serve and protect. It takes a village, and the leader of that village was School Resource Officer Colleen Gaspard. Officer Gaspard wanted to outdo her colleagues on previous “Shop with a Cop” events, and she certainly did. She raised over $7,665 in cash donations as well gift cards, sponsorship, and in-kind services from community members. Additionally, she organized a bus from Avon Transit/ Mobility. She worked closely with Dana Harrison, Principal, and her Staff at Avon Elementary School. Officer Gaspard reached out to event planning staff at the Westin Riverfront Resort, and they provided a conference room where the children could wrap presents and eat a delicious meal. Avon PD Officers picked up and transported with the assistance of Avon Transit Driver Rene, the twenty Avon Elementary children (who were chosen by Principal Dana Harrison and her staff) to Walmart. The kids under the supervision of a Police Officer, PD Staff member or a Firefighter from Eagle River Fire Avon Engine 7, got to spend $125 dollars on presents for their families and perhaps one for themselves. We have to remind the kids to buy at least one for themselves. After successful purchases, we drove over to the Westin River Front. The Westin provided a conference room to wrap presents and also some delicious food for the kids after expending all of their energy. We then had a surprise visit from Santa Claus. One of the children was not able to make it on the night so Avon PD officers brought her to Walmart and had lunch with her. Page 2 of 2 In addition, each family received a card containing a $100.00 gift card to Walmart (for Christmas dinner), $25.00 gift card to Dominos, $25.00 gift card to City Market, $20.00 gift card to Gondola Pizza, a free Frosty for a year certificate and an Avon Police Department Christmas card. Each child also received a minimum of $50.00 in additional gift cards donated from community businesses- Northside Kitchen, Foods of Vail, Ticino’s, Gondola, Dominos, Valley Girl, Simply Massage, and others. Multiple parents have reached out to say how much fun their child had, how special they felt and how amazing the Officers were. We already have a commitment of $10,000 for the 2022 “Shop with A Cop”, to make the event bigger and even better, from an extremely generous Avon resident. We just have an amazing caring community full of selfless generous people! The Avon Police Department has been successful in our “Shop with a Cop” activities because of the generous giving of local businesses and community members. This year, Chief Daly and his team are honored to recognize several businesses and community members in front of the Avon Town Council for their continued support and/or significant giving to our “Shop with a Cop” event. Many other members of the community have supported “Shop with a Cop” and our staff at the Avon Police Department wishes to thank them as well. Tonight, we honor the following individuals and organizations. Not all the mentioned individuals or organizations can attend tonight but we will ensure that they receive an Avon Police Department Chiefs Partnership Award on behalf of the Town of Avon; Riverfront Village Hotel/ Westin, Carole T. Faig/Robert Sullivan, JB Shirts, Avon Liquor, P Furniture, Minturn Mt Holy Cross VFW, Holy Cross Energy, Avon Property Leasing, Solaris Redevelopment Group/ Peter Knobel and US Bank. We also recognize all of the other businesses, organizations, and individuals for their support of this great community event. Avon Liquor, Arrow Insurance, Nozawa Avon, Northside Kitchen, The Reed Family, The Gardner Family, Home Depot, Dr. Tom/Avon Chiropractic, Bobs Place, Blue Sky Mortgage, Mangat Plastic Surgery, Gondola Pizza, Vail Country Club, Sweet Cheeks Makeup, Domino’s Pizza, Mountain Massage, Ticino Restaurant, Sabor Mazatlán, Valley Girl Boutique, Pazzo’s Pizza, Edward Jones, Nora Everly, Cristin Wade, Simply Massage, Foods of Vail, El Bajon Churros and Mr. Harvey. Thank you, Chief Greg Daly ### 970-748-4446 mlabagh@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Michael Labagh, Recreation Director RE: Extension of Resolution for Ad Hoc Health & Recreation Committee DATE: February 2, 2022 SUMMARY: Per Resolution No. 19-16, the Ad Hoc Health and Recreation Committee automatically expired on January 31, 2022. Staff is seeking direction regarding the future of the committee. BACKGROUND: The Health and Recreation Committee was established by Resolution No. 19-16 on July 9, 2019. Committee members were recruited in 2019 but the COVID-19 pandemic delayed the start of meetings. The Committee has held nine meetings since its inception and the first meeting was held on June 16, 2020. Committee meetings are held on a bi-monthly basis on the third Tuesday of the month. The Committee is currently comprised of 4 community members and 3 members of the Town Council. Community Members: Chairperson Tom Kiddoo, Vice Chairperson Pat Nolan, Pam Warren and Kathy Ryan. Town Council: Mayor Sarah Smith Hymes, Councilor Scott Prince and Councilor Lindsay Hardy. OPTIONS: Option A: Amend the current Resolution No. 19-16, to extend the expiration date for two years with the Ad Hoc Health and Recreation Committee automatically expiring on January 31, 2024. Option B: Establish the permanency of the Ad Hoc Health and Recreation Committee by resolution. Option C: Take no action and allow the Ad Hoc Health and Recreation Committee to expire per Resolution No. 19-16. RECOMMENDATION: Approve Option A, extend the expiration date of the Ad Hoc Health and Recreation Committee. Direct staff to amend Resolution No. 19-16 and return to the Town Council meeting on February 22 for a final reading and approval. REQUESTED DIRECTION: Staff requests direction regarding the future of the Ad Hoc Health and Recreation Committee. Thank you, Michael ATTACHMENTS: Attachment A: RESOLUTION 19-16 APPROVING AN AD HOC HEALTH AND RECREATION COMMITTEE A AVO n COLORADO RESOLUTION NO. 19- 16 APPROVING AN AD HOC HEALTH AND RECREATION COMMITTEE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, Section 11.2 of the Charter authorizes the Town Council to create advisory boards; and WHEREAS, the Town Council finds that an Ad Hoc Health and Recreation Committee will provide valuable important review, research and advisory functions with regard to the health and recreation of the Avon community; and WHEREAS, the Town Council finds that the establishment of an Ad Hoc Health and Recreation Committee will promote citizen understanding and involvement in the Town health and recreation opportunities and will thereby promote the health, safety and general welfare of the Avon community. NOW THEREFORE, the Town Council, hereby RESOLVES to create the Ad Hoc Health and Recreation Committee, as follows: Section 1. Establishment, Purpose and Duties. There is hereby established the Ad Hoc Health and Recreation Committee ("Recreation Committee") of the Town. The purposes and duties of Recreation Committee are as follows: a) To review, research and study the Town of Avon's health and recreation, including but not limited to: (i) "healthy community" issues, planning, policies and implementing strategies for improving overall community health, (ii) comparisons to both incorporated and unincorporated peer communities of recreation facilities and programs, and (iii) the design, programming and estimated cost of recreational facility improvements, including but not limited to remodeling and expansion of the Avon Recreation Center; b) Conducting community outreach, studies and surveys to determine community preferences for recreation programming, recreation facilities and healthy community policies; c) Serve as a liaison to Eagle County health communities efforts; and d) To provide recommendations to the Town Council concerning healthy community, recreation programming and recreation facilities. Section 2. Membership. Recreation Committee shall be composed of five (5) to nine (9) members appointed by the Council who shall be eligible to cast votes as voting memebers of the Finance Committee ("Voting Members") and two ex -officio non-voting members of Town Council (2) Ex -Officio Non -Voting Town Council members appointed by Town Council. Page 1 of 3 FINAL Section 3. Qualification of Voting Members. Residents of the Town, property owners in the Town, and owners and employees of a business located in the Town are eligible to be appointed as Voting Members. Appointments shall be made jointly by the Mayor and Mayor - Pro Tem after posting notice of a vacancy for at least twelve (12) days. Section 4. Qualification of Ex -Officio Non -Voting Members. Town Council members shall be eligible for appointment to the two (2) Ex -Officio Non -Voting Members. Appointments shall be made by Town Council. The term of office for Ex -Officio Non -Voting Members shall coincide with each appointed Town Council member's term or the expiration of the Recreation Committee, whichever is shorter. Ex -Officio Non -Voting Members shall have the equal right to participate at Recreation Committee meetings and equal right to receive all Recreation Committee materials and notices of Recreation Committee meetings, but shall not have any right to vote on recommendations, advisory matters, or other actions of Recreation Committee. Section 5. Quorum. Three (3) Voting Members of Recreation Committee shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time or date. In the absence of all Voting Members, any staff member may adjourn any meeting to a later time or date. Section 6. Term. The term of office for a Voting Member shall be temporary and indefinite for the duration of the Recreation Committee. A Voting Member of Recreation Committee who ceases to possess the qualifications for office that the Voting Member possessed at the time of appointment may be permitted by the Town Council to serve until the end of the appointed term, provided that the Recreation Committee member continues to reside in Eagle County. Any member of Recreation Committee may be removed by Town Council pursuant to Section 8 — Removal from Office, below. Section 7. Vacancies. A vacancy on Recreation Committee shall occur whenever a member of Recreation Committee is removed by the Town Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to meet the qualifications of Recreation Committee and is not permitted by Town Council to serve until the end of the existing term or is convicted of a felony. In the event a vacancy of a Voting Member occurs, the Mayor and Mayor Pro Tem shall jointly appoint a successor to fill the vacancy who shall serve the remainder of the term of the former member after posting notice of such vacancy to solicit interest from qualified persons. Town Council shall appoint Town Council members to fill any vacancy in an Ex -Officio Non -Voting seat. Section 8. Removal from Office. Any member of Recreation Committee may be removed forjust cause at the pleasure of the Town Council by a majority vote of the entire Town Council in office at the time the vote is taken. Just cause shall include misconduct, conduct unbecoming of a Town official, violation of the Town Code of Ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Town Council shall conduct a hearing and shall provide written notice to the Recreation Committee member stating the grounds for removal at least three (3) days prior to the hearing. Section 9. Officers. Recreation Committee shall select its own Chairperson and Vice - Chairperson. The Chair or, in the absence of the Chair, the Vice -Chair, shall be the presiding officer of its meeting. In the absence of both the Chair and the Vice -Chair from a meeting, the Voting Members present shall appoint a Voting Member to serve as Acting Chair at the meeting. Page 2 of 3 FINAL Section 10, Compensation. All members of Recreation Committee shall serve with compensation and benefits, if any, as may be established by the Town Council and shall be reimbursed for all authorized personal expenses incurred while performing duties as a Recreation Committee member. Section 11. Staff. The Town Manager shall designate Town staff to serve as the staff of Recreation Committee and shall provide for the service of a recording secretary who shall act in the capacity of secretary for Recreation Committee. Section 12. Rules and Regulations. Recreation Committee shall operate in accordance with its own rules of procedure; provided, however, that Recreation Committee shall submit its proposed rules or any amendment to the rules to the Town Council, which by motion shall approve the rules or amendment and direct their adoption by Recreation Committee or disapprove the proposal with directions for revision and resubmission. The rules shall incorporate and comply with the Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado Municipal Records Retention Schedule as such are adopted and implemented by the Town. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. Recreation Committee may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. Section 13. Meetings. Recreation Committee shall meet in accordance with the rules of procedure governing Recreation Committee and otherwise upon the call of the Chairperson or, in the absence of the Chair, by the Vice -Chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. Section 14. Appropriation Authority. Recreation Committee shall not have authority to appropriate or spend Town funds. Recreation Committee may provide recommendations to the Recreation Director, Town Manager and/or Town Council with regard to the annual budget for financial studies. Section 15. Town Council Amendments. Town Council reserves the right to amend, increase, reduce or change any or all of the powers, duties and procedures of Recreation Committee. Section 16. Expiration. The Recreation Committee is a temporary, non -permanent advisory board and shall automatically expire on January 31, 2022 unless terminated earlier by Town Council resolution or unless the expiration date is extended by Town Council by resolution. ADOPTED July 9, 2019 by the AVON TOWN COUNCIL By: Attest: Sarah Smith Hymes, May Brenda Torres, Town Page 3 of 3 FINAL I JNA O 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: Resolution 22-01, Preliminary Subdivision Lot 3 and Lot 6, McGrady Acres – PUBLIC HEARING DATE: February 3, 2022 SUMMARY: In front of the Town Council is a Preliminary Subdivision application with public hearing. The application proposes to dissolve an internal lot line between the two existing properties (Lot 3 and Lot 6 McGrady Acres), creation of twenty four (24) individual townhome lots, and the creation of common tracts for access drives and common space. A cover letter from the property owner (“Attachment A”) requesting consideration of cash in lieu of dedication park land, and conceptual lot layout plan (“Attachment B”) are attached to this report for review. The process for Major Subdivisions includes a Preliminary and Final application. COUNCIL OPTIONS: - Approve Resolution 22-01 (“Attahcment C”), thereby approving the Preliminary Subdivision; or - Approve Resolution 22-01, with amendments; or - Request more information and Continue Resolution 22-01 to a future meeting date; or - Deny the Preliminary Subdivision by Motion and Vote. Vicinity Map RECOMMENDATION: My recommendation is to conduct a public hearing and discuss the acceptability of the cash in lieu proposal to meet Park Land Dedication requirements. If the proposal is found to be acceptable to Town Council, I recommend approving Resolution 22-01. Conditionally approving the application would permit the property owner to proceed with the project, setting expectations for a Final Subdivision Plat. If additional information is needed, I recommend continuing action to a future hearing date. Staff has no concerns with the general review criteria outlined in this report or the lot layout proposed. Page 2 of 5 BACKGROUND: The Planning and Zoning Commission held public hearings on December 7, 2021 and December 21, 2021 for the development. The Planning and Zoning Commission conditionally approved the Major Development Plan (aka design review application), and made a recommendation for approval (“Attachment D”) of this corresponding Preliminary Subdivision Application. PROCESS: Section 7.16.070 of the Avon Municipal Code, Subdivisions, governs the review of this land use application. As mentioned above, the Application is considered a Major Subdivision. Major Subdivisions include any new subdivision where four (4) or more parcels are being created. PARK LAND DEDICATION REQUIREMENTS - §7.32.090 The Park Land Dedication Requirements (“Attachment E”) were put into the Avon Municipal Code in 2010 at the time the Development Code was created. The requirements have sat dormant because no preliminary (or final) subdivision has been processed for a multi-family project that did not already possess vested property rights. For example, the Riverfront and Basecamp developments provided park land at the time of PUD zoning. The most recent sizeable development, Frontgate, has not submitted for subdivision. However, the upper 15+ acres of that development has been earmarked and contemplated for open space purposes and trail(s). The purpose of the Park Land Dedication section is to “regulate the development, preservation and maintenance of parks, open space and trails throughout Avon. Parks, open space and trail regulations are intended to preserve natural areas and resources, preserve scenic views, provide access to open areas and recreational opportunities, create public health benefits and generally enhance the quality of life for Avon residents. Particular emphasis should be placed on providing a diversity of parks, trails and open space opportunities that serve residents of all ages and abilities and that are accessible from a variety of locations within the community”. The codified guidelines for determining the amount of land to be dedicated is: 8.2 acres x (Number of Units: 24) x (Persons Per Unit: 2.9) / 1,000 = .57 acres. Alternative to land dedication, the Town Council may determine that the dedication of land for park purposes is not necessary or not practical and instead require cash in lieu of land dedication to be used for capital expenditures related to existing parks in the area or purchase of additional property for park purposes. The applicant requests consideration by Town Council of cash in lieu of providing park land in the amount of $324,500. This number is based upon the average of Avon and Eagle County land sales in the past three years. The amount does not incorporate the purchase price of the subject properties, which totaled $7.25M for 3.198 acres (or $1.29M for .57 acres). If the recent sale of McGrady acres were included in the average price per/acre, the payment in lieu would be higher. Page 3 of 5 It is reasonable to believe that purchasing additional usable park land in the area with the proposed funds would be difficult if not impossible. More than likely the funds could be leveraged to improve nearby public properties such as the Eaglebend pocket-park. During PZC review of the development plan and subdivision, staff recommended consideration of expanding the footprint of the Eaglebend pocket-park and/or dedicating the river frontage. The dedication of river frontage contiguous with other Town river tracts is not supported by the additional criteria for Park Land Dedication outlined in Avon Municipal Code Section 7.32.090(e) which suggest that at least 50% of the land be level with suitably convenient access. Additionally, the guidelines state that portions of the dedicated land should not be in designated flood plains. Given the proximity of the Eaglebend pocket park, and the fact that the applicant intends to connect to that property with a footpath, cash in lieu could be used to enhance that park with updated play equipment and landscaping. Additionally, staff has identified this park as a candidate for a raw water irrigation system. This can be accomplished by running from the existing East Beaver Creek Boulevard system, through an existing sleave and under the railroad tracks. PRELIMINARY (MAJOR) SUBDIVISION - REVIEW CRITERIA: § 7.16.070(e), Preliminary Plan Review Criteria: (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; Staff Response: The proposed subdivision complies with use, density and applicable design standards. Pursuant to the Mobility and Connectivity code requirements, a bus pull-out must be constructed as part of this project. The subdivision plat indicates that a small portion of the public property will be necessary to accommodate the realigned sidewalk on Post Boulevard where the stop will be provided. (2) The subdivision application shall comply with the purposes of this Development Code; Staff Response: The application generally complies with the applicable purposes outlined in the Development Code. Purpose (l) states, “Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment”. Additionally, the development plans call for a combination of water quality vaults and native landscaping between structures and the river corridor. This promotes Purpose (j): Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources.” (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; Staff Response: The Avon Comprehensive Plan’s Future Land Use Map designates the property with Neighborhood Commercial (NC) land use and this development and subdivision are in line with that designation. (4) The land shall be physically suitable for the proposed development or subdivision; Staff Response: The land is suitable for the proposed development. The developable portion of the lot is maximized with the proposed site layout. At Final Subdivision, areas adjacent to the river and in the easement near Eaglebend Drive cul-de-sac should be called out as “non-developable”. Page 4 of 5 (5) The proposed subdivision shall be compatible with surrounding land uses; Staff Response: The proposed subdivision is compatible with surrounding residential land uses and was zoned Neighborhood Commercial (NC) in 2001 based upon compliance with the Avon Comprehensive Plan. (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; Staff Response: This property is included in the existing water lease agreement with the Upper Eagle River Water Authority. Water and sewer lines run directly through the property and the owner will need to enter into agreement(s) with the water district for tie-ins. Holy Cross Electric serves the property and has reviewed the plans. The property is within Eagle River Fire Protection District (ERFPD) and the plans have been reviewed by the Fire Marshall and meets their requirements for service and accessibility. (7) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan; Staff Response: The utility plans are far along in the design process. The project engineer has been coordinating closely with the Town Engineer and Eagle River Water and Sanitation (ERWSD) District. Final signoff from ERWSD will be required at the time of Final Subdivision. This is provided in staff’s recommended conditions for approval. (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; Staff Response: There are no concerns with sizing for project utilities. (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; Staff Response: The character of the area is mixed: single-family residential, duplex residential, multi- family residential, regional highway, regional commercial, and an educationally zoned parcel across the railroad tracks. This subdivision was reviewed by the Planning and Zoning Commission and found to be compatible with the character of the area. High quality building materials are used in the construction. (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; Staff Response: Not applicable. (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision; Staff Response: All applicable utility companies have reviewed initial development plans and will provide capacity to serve letters before final subdivision. (12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code; Staff Response: The layout of infrastructure and facilities is logical and minimizes land disturbance to the Page 5 of 5 extent possible. Open space buffers are included on the west and south sides of the project based upon topography and existing easement areas. Riparian areas adjacent to the Eagle River remain intact with the approved development plan. (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; Staff Response: The utility plans tie new infrastructure into the adjacent sewer system. The water district continues to work with the applicant on final location and design approval. (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; Staff Response: All development is limited to the flatter portion of the property, well above the riparian corridor and steeper slopes leading to the Eagle River. (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; Staff Response: A Public Improvements Agreement is required at Final Subdivision. The PIA will address responsibilities during construction and after final acceptance. I am recommending that this be part of a conditional approval to be provided at Final Subdivision application. (16) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and Staff Response: This determination can be made at Final Subdivision. Commonly owned and maintained areas are indicated on the plat. (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. Staff Response: No phasing is contemplated. All roads and utilities must be completed at the project outset, regardless of timing for individual buildings. This will be reflected in Public Improvements Agreement at Final Subdivision. Thank you, Matt ATTACHMENTS: A - Letter from Property Owner, dated January 20, 2022 B – Conceptual Subdivision, dated January 24, 2022 C – Resolution 22-01 D – PZC Record of Decision E – Park Land Dedication Requirements Attachment A Sold Date Status Listing Price Sold Price List Price/Acre Area Street #Street NamCity State/Provi County Zip Code Lot Size Acr Sold Price/Acre Zoning Code 12/20/2017 C 3200000 3200000 $148,837.20 Avon 38388 Highway 6 Avon CO Eagle 81620 21.5 $148,837.20 Residential $685,782.24 9/30/2020 C 269000 269000 $1,222,727.27 Avon 540 NottinghamAvon CO Eagle 81620 0.22 $1,222,727.27 Duplex/Single Family $342,891.12 Avon Land Sales Only Attachment A Property Type Sold Price LP/SP Ratio List Price/Acre Lot Size Acres Sold Price/Acre Average Sold Price/Acre .57 acres Land 33,333.33$ 35.09$ 2,375.00$40 833.33$405,499.31$ 231,134.61$ Land 33,333.33$ 39.22$ 2,125.00$40 833.33$ Land 33,333.33$ 39.22$ 2,125.00$40 833.33$ Land 10,000.00$ 100.00$ 1,071.81$9.33 1,071.81$ Land 60,000.00$ 85.71$ 1,750.00$40 1,500.00$ Land 65,000.00$ 81.35$ 2,250.07$35.51 1,830.47$ Land 70,000.00$ 78.65$ 2,408.66$36.95 1,894.45$ Land 80,000.00$ 72.73$ 2,750.00$40 2,000.00$ Land 80,000.00$ 80.00$ 2,500.00$40 2,000.00$Average List Price/Acre Land 250,000.00$ 100.00$ 2,071.94$120.66 2,071.94$454,056.21$ 258,812.04$ Land 5,550,000.00$ 93.28$ 3,702.55$1607 3,453.64$ Land 225,000.00$ 90.00$ 3,860.41$64.76 3,474.37$ Land 140,000.00$ 93.33$ 3,750.00$40 3,500.00$ Land 140,000.00$ 100.00$ 3,500.00$40 3,500.00$ Land 260,000.00$ 92.85$ 4,000.00$70 3,714.29$Average current list/acre Land 150,000.00$ 85.71$ 4,375.00$40 3,750.00$605,353.97$ 345,051.76$ Land 155,000.00$ 91.18$ 4,250.00$40 3,875.00$ Land 230,000.00$ 92.37$ 4,806.95$51.8 4,440.15$ Land 30,000.00$ 100.00$ 4,566.21$6.57 4,566.21$ Land 240,000.00$ 96.00$ 4,826.25$51.8 4,633.20$ Land 205,000.00$ 82.00$ 5,872.68$42.57 4,815.60$ Land 85,000.00$ 97.70$ 4,982.82$17.46 4,868.27$ Land 197,500.00$ 80.61$ 6,125.00$40 4,937.50$ Land 185,000.00$ 58.73$ 8,608.91$36.59 5,056.03$ Land 250,000.00$ 90.90$ 6,012.24$45.74 5,465.68$ Land 219,000.00$ 100.00$ 5,475.00$40 5,475.00$ Land 96,500.00$ 94.61$ 5,978.90$17.06 5,656.51$ Land 227,500.00$ 91.00$ 6,250.00$40 5,687.50$ Land 240,000.00$ 100.00$ 6,000.00$40 6,000.00$ Land 84,000.00$ 100.00$ 6,025.82$13.94 6,025.82$ Land 727,000.00$ 116.32$ 5,208.33$120 6,058.33$ Land 215,000.00$ 89.96$ 6,736.19$35.48 6,059.75$ Land 230,000.00$ 92.37$ 7,077.89$35.18 6,537.81$ Land 250,000.00$ 94.34$ 7,490.11$35.38 7,066.14$ Land 460,000.00$ 83.64$ 8,906.88$61.75 7,449.39$ Land 300,000.00$ 100.00$ 7,500.00$40 7,500.00$ Land 275,000.00$ 95.23$ 8,126.94$35.53 7,739.94$ Land 85,000.00$ 56.70$ 14,511.13$10.33 8,228.46$ Land 100,000.00$ 100.00$ 8,802.82$11.36 8,802.82$ Land 337,500.00$ 96.43$ 9,971.51$35.1 9,615.38$ Land 350,000.00$ 93.33$ 10,629.25$35.28 9,920.64$ Land 360,000.00$ 96.00$ 10,575.30$35.46 10,152.28$ Land 960,000.00$ 96.48$ 10,815.22$92 10,434.78$ Land 390,000.00$ 88.73$ 12,549.97$35.02 11,136.49$ Land 58,000.00$ 96.67$ 12,000.00$5 11,600.00$ Land 3,800,000.00$ 95.12$ 12,254.60$326 11,656.44$ Land 210,000.00$ 87.50$ 13,333.33$18 11,666.67$ Land 58,000.00$ 96.67$ 12,320.33$4.87 11,909.65$ Land 439,000.00$ 87.98$ 13,637.61$36.59 11,997.81$ Land 22,500.00$ 30.00$ 44,117.64$1.7 13,235.29$ Land 530,000.00$ 88.48$ 14,975.00$40 13,250.00$ Land 240,000.00$ 96.00$ 13,804.53$18.11 13,252.35$ Land 125,000.00$ 83.33$ 16,501.65$9.09 13,751.38$ Land 500,000.00$ 71.53$ 19,330.75$36.16 13,827.43$ Land 4,400,000.00$ 97.89$ 14,269.84$315 13,968.25$ Land 910,000.00$ 91.00$ 16,194.32$61.75 14,736.84$ Land 550,000.00$ 95.65$ 16,409.82$35.04 15,696.35$ Land 97,000.00$ 97.00$ 16,638.93$6.01 16,139.77$ Land 50,000.00$ 33.55$ 48,534.20$3.07 16,286.65$ Land 1,550,000.00$ 91.18$ 18,062.05$94.12 16,468.34$ Land 185,000.00$ 92.96$ 19,567.35$10.17 18,190.76$ Land 650,000.00$ 100.00$ 18,309.86$35.5 18,309.86$ Land 19,200,000.00$ 99.74$ 18,928.22$1017 18,879.06$ Land 50,000.00$ 50.50$ 39,442.23$2.51 19,920.32$ Land 270,000.00$ 83.08$ 29,095.79$11.17 24,171.89$ Land 50,000.00$ 100.00$ 24,752.47$2.02 24,752.47$ Land 250,000.00$ 84.75$ 30,102.04$9.8 25,510.20$ Land 102,000.00$ 92.73$ 27,638.19$3.98 25,628.14$ Land 175,000.00$ 89.74$ 30,232.56$6.45 27,131.78$ Land 62,000.00$ 93.23$ 29,424.78$2.26 27,433.63$ Land 150,000.00$ 100.00$ 27,985.07$5.36 27,985.07$ Land 190,000.00$ 97.43$ 28,846.15$6.76 28,106.51$ Land 172,000.00$ 98.29$ 28,688.52$6.1 28,196.72$ Land 290,000.00$ 96.99$ 29,840.32$10.02 28,942.12$ Land 850,000.00$ 77.27$ 37,697.05$29.18 29,129.54$ Land 62,500.00$ 89.28$ 33,333.34$2.1 29,761.91$ Land 315,000.00$ 96.92$ 32,467.53$10.01 31,468.53$ Land 75,000.00$ 100.00$ 32,051.28$2.34 32,051.28$ Land 70,000.00$ 87.50$ 37,383.18$2.14 32,710.28$ Land 1,150,000.00$ 92.00$ 35,572.00$35.14 32,726.24$ Land 600,000.00$ 88.89$ 37,231.11$18.13 33,094.32$ Land 120,000.00$ 100.00$ 36,923.08$3.25 36,923.08$ Land 53,000.00$ 89.08$ 42,198.58$1.41 37,588.65$ Land 59,500.00$ 88.81$ 42,675.16$1.57 37,898.09$ Land 300,000.00$ 75.18$ 51,483.87$7.75 38,709.68$ Land 105,000.00$ 70.00$ 55,555.55$2.7 38,888.89$ Land 225,000.00$ 75.00$ 52,724.08$5.69 39,543.06$ Land 85,000.00$ 94.44$ 43,269.23$2.08 40,865.38$ Eagle County - All Land Sales Summary Attachment A Land 130,000.00$ 89.65$ 48,986.48$ 2.96 43,918.92$ Land 400,000.00$ 100.00$ 44,004.40$ 9.09 44,004.40$ Land 139,900.00$ 100.00$ 44,554.14$ 3.14 44,554.14$ Land 95,000.00$ 86.36$ 51,643.19$ 2.13 44,600.94$ Land 240,000.00$ 97.95$ 47,572.82$ 5.15 46,601.94$ Land 110,000.00$ 92.44$ 50,854.70$ 2.34 47,008.55$ Land 1,650,000.00$ 110.00$ 42,857.14$ 35 47,142.86$ Land 50,000.00$ 100.00$ 47,169.81$ 1.06 47,169.81$ Land 120,000.00$ 72.73$ 65,737.05$ 2.51 47,808.76$ Land 145,000.00$ 100.00$ 48,172.76$ 3.01 48,172.76$ Land 134,900.00$ 100.00$ 49,778.60$ 2.71 49,778.60$ Land 25,000.00$ 86.50$ 57,800.00$ 0.5 50,000.00$ Land 60,000.00$ 50.42$ 105,309.73$ 1.13 53,097.35$ Land 325,000.00$ 65.00$ 81,967.21$ 6.1 53,278.69$ Land 544,000.00$ 90.82$ 59,720.84$ 10.03 54,237.29$ Land 55,500.00$ 95.85$ 57,326.73$ 1.01 54,950.50$ Land 285,000.00$ 81.43$ 67,961.17$ 5.15 55,339.81$ Land 400,000.00$ 100.00$ 56,657.22$ 7.06 56,657.22$ Land 580,000.00$ 96.83$ 59,601.99$ 10.05 57,711.44$ Land 130,000.00$ 96.65$ 59,777.78$ 2.25 57,777.78$ Land 62,500.00$ 96.15$ 61,320.75$ 1.06 58,962.26$ Land 40,000.00$ 81.63$ 73,134.33$ 0.67 59,701.49$ Land 185,000.00$ 77.08$ 79,207.92$ 3.03 61,056.11$ Land 179,000.00$ 89.95$ 68,620.69$ 2.9 61,724.14$ Land 125,000.00$ 100.00$ 62,189.05$ 2.01 62,189.05$ Land 225,000.00$ 86.87$ 72,144.85$ 3.59 62,674.09$ Land 200,000.00$ 88.88$ 71,202.53$ 3.16 63,291.14$ Land 179,000.00$ 100.00$ 64,157.71$ 2.79 64,157.71$ Land 327,500.00$ 93.57$ 68,627.45$ 5.1 64,215.69$ Land 45,000.00$ 91.83$ 70,000.00$ 0.7 64,285.71$ Land 425,000.00$ 94.44$ 68,285.28$ 6.59 64,491.65$ Land 190,000.00$ 84.44$ 76,530.61$ 2.94 64,625.85$ Land 395,000.00$ 77.45$ 83,469.72$ 6.11 64,648.12$ Land 412,500.00$ 104.43$ 62,500.00$ 6.32 65,268.99$ Land 175,000.00$ 92.59$ 70,522.39$ 2.68 65,298.51$ Land 140,000.00$ 93.96$ 69,626.17$ 2.14 65,420.56$ Land 363,750.00$ 90.94$ 72,202.17$ 5.54 65,658.84$ Land 375,000.00$ 100.00$ 66,021.12$ 5.68 66,021.13$ Land 375,000.00$ 100.00$ 66,137.57$ 5.67 66,137.57$ Land 150,000.00$ 88.24$ 75,555.56$ 2.25 66,666.67$ Land 620,000.00$ 100.00$ 68,206.82$ 9.09 68,206.82$ Land 235,000.00$ 90.73$ 75,953.08$ 3.41 68,914.96$ Land 450,000.00$ 81.82$ 85,007.73$ 6.47 69,551.78$ Land 350,000.00$ 100.00$ 69,721.12$ 5.02 69,721.12$ Land 185,000.00$ 92.50$ 76,045.62$ 2.63 70,342.20$ Land 36,600.00$ 93.84$ 76,470.59$ 0.51 71,764.71$ Land 155,000.00$ 88.83$ 82,701.42$ 2.11 73,459.72$ Land 187,500.00$ 68.43$ 107,874.02$ 2.54 73,818.90$ Land 59,900.00$ 101.53$ 72,839.51$ 0.81 73,950.62$ Land 375,000.00$ 83.51$ 88,560.16$ 5.07 73,964.49$ Land 200,000.00$ 88.89$ 83,333.33$ 2.7 74,074.07$ Land 225,000.00$ 76.27$ 98,333.34$ 3 75,000.00$ Land 450,000.00$ 100.00$ 75,250.84$ 5.98 75,250.84$ Land 55,000.00$ 100.00$ 75,342.47$ 0.73 75,342.47$ Land 175,000.00$ 94.59$ 80,786.03$ 2.29 76,419.21$ Land 315,000.00$ 96.92$ 80,246.91$ 4.05 77,777.78$ Land 59,000.00$ 84.29$ 93,333.33$ 0.75 78,666.67$ Land 60,000.00$ 100.00$ 78,947.37$ 0.76 78,947.37$ Land 80,000.00$ 69.56$ 113,861.39$ 1.01 79,207.92$ Land 64,500.00$ 99.23$ 80,246.91$ 0.81 79,629.63$ Land 260,000.00$ 83.33$ 97,196.26$ 3.21 80,996.88$ Land 30,000.00$ 37.97$ 213,513.52$ 0.37 81,081.08$ Land 49,500.00$ 100.00$ 81,147.54$ 0.61 81,147.54$ Land 52,000.00$ 88.14$ 92,187.50$ 0.64 81,250.00$ Land 35,000.00$ 87.50$ 93,023.26$ 0.43 81,395.35$ Land 240,000.00$ 81.35$ 102,430.55$ 2.88 83,333.33$ Land 65,000.00$ 100.00$ 83,333.34$ 0.78 83,333.34$ Land 262,500.00$ 90.83$ 92,038.22$ 3.14 83,598.73$ Land 335,000.00$ 83.75$ 100,000.00$ 4 83,750.00$ Land 375,000.00$ 100.00$ 83,892.62$ 4.47 83,892.63$ Land 3,370,000.00$ 99.12$ 85,000.00$ 40 84,250.00$ Land 59,900.00$ 100.00$ 84,366.20$ 0.71 84,366.20$ Land 50,000.00$ 83.33$ 101,694.92$ 0.59 84,745.76$ Land 90,000.00$ 95.23$ 89,150.95$ 1.06 84,905.66$ Land 85,000.00$ 100.00$ 85,000.00$ 1 85,000.00$ Land 170,000.00$ 95.51$ 89,000.00$ 2 85,000.00$ Land 375,000.00$ 93.75$ 90,702.95$ 4.41 85,034.01$ Land 83,000.00$ 93.25$ 91,752.58$ 0.97 85,567.01$ Land 185,000.00$ 92.96$ 92,129.63$ 2.16 85,648.15$ Land 55,000.00$ 100.00$ 85,937.50$ 0.64 85,937.50$ Land 890,000.00$ 96.32$ 89,361.70$ 10.34 86,073.50$ Land 25,000.00$ 73.52$ 117,241.38$ 0.29 86,206.90$ Land 200,000.00$ 80.00$ 107,758.62$ 2.32 86,206.90$ Land 65,000.00$ 100.00$ 86,666.67$ 0.75 86,666.67$ Land 475,000.00$ 100.00$ 87,962.96$ 5.4 87,962.96$ Land 44,000.00$ 89.80$ 98,000.00$ 0.5 88,000.00$ Land 85,000.00$ 80.95$ 109,375.00$ 0.96 88,541.67$ Land 325,000.00$ 100.00$ 88,555.86$ 3.67 88,555.86$ Land 179,000.00$ 100.00$ 88,613.86$ 2.02 88,613.86$ Attachment A Land 600,000.00$ 100.00$ 88,888.89$ 6.75 88,888.89$ Land 385,000.00$ 90.59$ 99,531.62$ 4.27 90,163.93$ Land 46,500.00$ 94.90$ 96,078.43$ 0.51 91,176.47$ Land 55,000.00$ 98.21$ 93,333.33$ 0.6 91,666.67$ Land 600,000.00$ 92.45$ 99,387.44$ 6.53 91,883.61$ Land 58,000.00$ 96.82$ 96,612.91$ 0.62 93,548.38$ Land 400,000.00$ 100.00$ 93,676.81$ 4.27 93,676.81$ Land 110,000.00$ 55.28$ 170,085.47$ 1.17 94,017.09$ Land 575,000.00$ 100.00$ 94,572.37$ 6.08 94,572.37$ Land 65,000.00$ 100.00$ 95,588.24$ 0.68 95,588.24$ Land 168,000.00$ 84.00$ 114,942.53$ 1.74 96,551.72$ Land 35,000.00$ 50.00$ 194,444.44$ 0.36 97,222.22$ Land 400,000.00$ 94.12$ 106,250.00$ 4 100,000.00$ Land 100,000.00$ 28.57$ 353,535.34$ 0.99 101,010.10$ Land 590,000.00$ 91.47$ 111,206.90$ 5.8 101,724.14$ Land 108,000.00$ 83.08$ 123,809.52$ 1.05 102,857.14$ Land 159,000.00$ 100.00$ 103,921.57$ 1.53 103,921.57$ Land 324,900.00$ 100.00$ 104,469.45$ 3.11 104,469.45$ Land 240,000.00$ 96.39$ 108,733.62$ 2.29 104,803.49$ Land 59,900.00$ 100.00$ 105,087.72$ 0.57 105,087.72$ Land 240,000.00$ 90.57$ 116,228.07$ 2.28 105,263.16$ Land 75,000.00$ 100.00$ 105,633.80$ 0.71 105,633.80$ Land 355,000.00$ 88.75$ 119,402.99$ 3.35 105,970.15$ Land 53,000.00$ 94.64$ 112,000.00$ 0.5 106,000.00$ Land 679,000.00$ 97.00$ 109,375.00$ 6.4 106,093.75$ Land 260,000.00$ 94.55$ 112,704.92$ 2.44 106,557.38$ Land 700,000.00$ 100.00$ 107,033.64$ 6.54 107,033.64$ Land 450,000.00$ 100.00$ 107,142.86$ 4.2 107,142.86$ Land 431,000.00$ 97.73$ 109,975.06$ 4.01 107,481.30$ Land 55,000.00$ 100.00$ 107,843.14$ 0.51 107,843.14$ Land 120,000.00$ 80.00$ 135,135.14$ 1.11 108,108.11$ Land 66,000.00$ 101.54$ 106,557.38$ 0.61 108,196.72$ Land 400,000.00$ 100.00$ 108,695.65$ 3.68 108,695.65$ Land 74,000.00$ 100.00$ 112,121.21$ 0.66 112,121.21$ Land 225,000.00$ 90.36$ 124,500.00$ 2 112,500.00$ Land 329,000.00$ 98.21$ 115,120.27$ 2.91 113,058.42$ Land 450,000.00$ 100.00$ 113,065.33$ 3.98 113,065.33$ Land 450,000.00$ 100.00$ 113,350.13$ 3.97 113,350.13$ Land 745,000.00$ 96.13$ 118,683.00$ 6.53 114,088.82$ Land 4,000,000.00$ 73.73$ 155,000.00$ 35 114,285.71$ Land 910,000.00$ 95.79$ 120,558.38$ 7.88 115,482.23$ Land 99,000.00$ 100.00$ 117,857.14$ 0.84 117,857.14$ Land 900,000.00$ 81.82$ 145,310.44$ 7.57 118,890.36$ Land 74,000.00$ 100.00$ 119,354.84$ 0.62 119,354.84$ Land 325,000.00$ 100.00$ 120,370.37$ 2.7 120,370.37$ Land 58,000.00$ 89.23$ 135,416.67$ 0.48 120,833.34$ Land 190,000.00$ 95.00$ 127,388.53$ 1.57 121,019.10$ Land 45,000.00$ 90.18$ 134,864.86$ 0.37 121,621.62$ Land 75,000.00$ 100.00$ 122,950.82$ 0.61 122,950.82$ Land 400,000.00$ 100.25$ 122,769.23$ 3.25 123,076.92$ Land 22,500.00$ 100.00$ 124,999.99$ 0.18 124,999.99$ Land 575,000.00$ 100.00$ 126,651.98$ 4.54 126,651.98$ Land 150,000.00$ 75.00$ 169,491.53$ 1.18 127,118.64$ Land 75,000.00$ 100.00$ 127,118.64$ 0.59 127,118.64$ Land 56,000.00$ 89.60$ 142,045.45$ 0.44 127,272.73$ Land 575,000.00$ 95.99$ 133,111.11$ 4.5 127,777.78$ Land 155,000.00$ 104.03$ 123,140.50$ 1.21 128,099.17$ Land 138,000.00$ 92.62$ 139,252.34$ 1.07 128,971.96$ Land 80,000.00$ 88.89$ 145,161.29$ 0.62 129,032.26$ Land 615,000.00$ 100.00$ 129,746.84$ 4.74 129,746.84$ Land 500,000.00$ 95.24$ 136,718.75$ 3.84 130,208.33$ Land 90,000.00$ 106.51$ 122,463.77$ 0.69 130,434.78$ Land 250,000.00$ 100.00$ 130,890.05$ 1.91 130,890.05$ Land 42,000.00$ 93.33$ 140,625.00$ 0.32 131,250.00$ Land 145,000.00$ 96.67$ 136,363.64$ 1.1 131,818.18$ Land 360,000.00$ 92.31$ 145,522.39$ 2.68 134,328.36$ Land 50,000.00$ 90.90$ 148,648.64$ 0.37 135,135.14$ Land 180,000.00$ 90.45$ 149,624.06$ 1.33 135,338.34$ Land 75,000.00$ 100.00$ 136,363.64$ 0.55 136,363.64$ Land 40,000.00$ 80.00$ 172,413.79$ 0.29 137,931.03$ Land 68,000.00$ 94.44$ 146,938.78$ 0.49 138,775.51$ Land 175,000.00$ 97.22$ 142,857.14$ 1.26 138,888.89$ Land 800,000.00$ 94.23$ 147,652.17$ 5.75 139,130.43$ Land 125,000.00$ 78.62$ 178,651.69$ 0.89 140,449.44$ Land 90,000.00$ 91.84$ 153,125.00$ 0.64 140,625.00$ Land 100,000.00$ 90.91$ 154,929.58$ 0.71 140,845.07$ Land 320,000.00$ 85.33$ 166,666.67$ 2.25 142,222.22$ Land 30,000.00$ 75.00$ 190,476.19$ 0.21 142,857.14$ Land 20,000.00$ 66.67$ 214,285.71$ 0.14 142,857.14$ Land 295,000.00$ 98.66$ 145,853.66$ 2.05 143,902.44$ Land 160,000.00$ 94.17$ 153,063.06$ 1.11 144,144.14$ Land 925,000.00$ 92.96$ 155,468.75$ 6.4 144,531.25$ Land 100,000.00$ 95.24$ 152,173.91$ 0.69 144,927.54$ Land 45,000.00$ 100.00$ 145,161.29$ 0.31 145,161.29$ Land 150,000.00$ 100.67$ 144,660.19$ 1.03 145,631.07$ Land 95,000.00$ 82.61$ 176,923.08$ 0.65 146,153.85$ Land 95,000.00$ 100.00$ 146,153.85$ 0.65 146,153.85$ Land 120,000.00$ 64.86$ 225,609.76$ 0.82 146,341.46$ Land 675,000.00$ 100.00$ 147,379.91$ 4.58 147,379.91$ Attachment A Land 295,000.00$ 74.68$ 197,500.00$ 2 147,500.00$ Land 135,000.00$ 100.00$ 148,351.65$ 0.91 148,351.65$ Land 208,000.00$ 94.55$ 157,142.86$ 1.4 148,571.43$ Land 72,000.00$ 91.13$ 164,583.34$ 0.48 150,000.00$ Land 135,000.00$ 81.82$ 183,333.33$ 0.9 150,000.00$ Land 425,000.00$ 100.00$ 150,176.68$ 2.83 150,176.68$ Land 175,000.00$ 94.85$ 159,051.72$ 1.16 150,862.07$ Land 338,000.00$ 85.57$ 176,339.29$ 2.24 150,892.86$ Land 80,000.00$ 84.21$ 179,245.28$ 0.53 150,943.40$ Land 72,000.00$ 91.14$ 168,085.11$ 0.47 153,191.49$ Land 349,000.00$ 100.00$ 155,803.57$ 2.24 155,803.57$ Land 76,500.00$ 85.95$ 181,632.66$ 0.49 156,122.45$ Land 58,000.00$ 89.23$ 175,675.67$ 0.37 156,756.75$ Land 77,500.00$ 81.58$ 193,877.55$ 0.49 158,163.27$ Land 425,000.00$ 85.86$ 185,393.26$ 2.67 159,176.03$ Land 175,000.00$ 94.59$ 169,724.77$ 1.09 160,550.46$ Land 825,000.00$ 100.00$ 160,818.71$ 5.13 160,818.71$ Land 200,000.00$ 87.33$ 184,677.42$ 1.24 161,290.33$ Land 335,000.00$ 95.71$ 175,000.00$ 2 167,500.00$ Land 119,000.00$ 92.24$ 181,690.14$ 0.71 167,605.64$ Land 125,000.00$ 96.89$ 174,324.33$ 0.74 168,918.92$ Land 185,000.00$ 94.87$ 178,899.08$ 1.09 169,724.77$ Land 80,000.00$ 95.81$ 177,659.57$ 0.47 170,212.77$ Land 150,000.00$ 93.75$ 181,818.19$ 0.88 170,454.55$ Land 690,000.00$ 92.62$ 187,185.93$ 3.98 173,366.83$ Land 98,000.00$ 100.00$ 175,000.00$ 0.56 175,000.00$ Land 147,500.00$ 95.16$ 184,523.81$ 0.84 175,595.25$ Land 255,000.00$ 79.94$ 220,000.00$ 1.45 175,862.07$ Land 148,000.00$ 98.67$ 178,571.43$ 0.84 176,190.48$ Land 95,500.00$ 95.98$ 184,259.26$ 0.54 176,851.85$ Land 85,000.00$ 100.00$ 177,083.33$ 0.48 177,083.33$ Land 500,000.00$ 88.50$ 204,710.14$ 2.76 181,159.42$ Land 120,000.00$ 92.66$ 196,212.11$ 0.66 181,818.17$ Land 100,000.00$ 84.75$ 214,545.45$ 0.55 181,818.18$ Land 150,000.00$ 83.33$ 219,512.20$ 0.82 182,926.83$ Land 94,000.00$ 94.94$ 194,117.66$ 0.51 184,313.73$ Land 118,500.00$ 94.42$ 196,093.75$ 0.64 185,156.25$ Land 150,000.00$ 90.90$ 203,703.70$ 0.81 185,185.19$ Land 465,000.00$ 100.00$ 185,258.96$ 2.51 185,258.96$ Land 95,000.00$ 90.48$ 205,882.35$ 0.51 186,274.51$ Land 120,000.00$ 104.35$ 179,687.50$ 0.64 187,500.00$ Land 199,000.00$ 100.00$ 187,735.85$ 1.06 187,735.85$ Land 175,000.00$ 87.94$ 213,978.49$ 0.93 188,172.04$ Land 525,000.00$ 88.23$ 215,579.70$ 2.76 190,217.39$ Land 825,000.00$ 92.18$ 208,139.53$ 4.3 191,860.47$ Land 175,000.00$ 97.49$ 197,252.73$ 0.91 192,307.69$ Land 104,000.00$ 94.55$ 203,703.70$ 0.54 192,592.59$ Land 210,000.00$ 87.54$ 220,091.74$ 1.09 192,660.55$ Land 157,000.00$ 98.13$ 197,530.86$ 0.81 193,827.16$ Land 698,500.00$ 93.26$ 208,635.10$ 3.59 194,568.25$ Land 72,000.00$ 96.00$ 202,702.70$ 0.37 194,594.59$ Land 775,000.00$ 100.00$ 197,704.08$ 3.92 197,704.08$ Land 145,000.00$ 82.86$ 239,726.03$ 0.73 198,630.14$ Land 155,000.00$ 96.94$ 207,662.34$ 0.77 201,298.70$ Land 260,000.00$ 86.67$ 232,558.14$ 1.29 201,550.39$ Land 2,000,000.00$ 80.00$ 253,292.81$ 9.87 202,634.25$ Land 610,000.00$ 87.77$ 231,666.67$ 3 203,333.33$ Land 100,000.00$ 91.74$ 222,448.98$ 0.49 204,081.63$ Land 135,000.00$ 90.60$ 225,757.58$ 0.66 204,545.45$ Land 698,500.00$ 93.26$ 221,597.63$ 3.38 206,656.80$ Land 310,000.00$ 100.00$ 206,666.67$ 1.5 206,666.67$ Land 85,000.00$ 94.44$ 219,512.20$ 0.41 207,317.07$ Land 100,000.00$ 90.91$ 229,166.67$ 0.48 208,333.33$ Land 350,000.00$ 97.49$ 216,265.06$ 1.66 210,843.37$ Land 135,000.00$ 90.00$ 234,375.00$ 0.64 210,937.50$ Land 165,000.00$ 97.06$ 217,948.72$ 0.78 211,538.46$ Land 123,000.00$ 95.35$ 222,413.79$ 0.58 212,068.97$ Land 185,000.00$ 97.37$ 218,390.80$ 0.87 212,643.68$ Land 79,000.00$ 91.86$ 232,432.43$ 0.37 213,513.51$ Land 140,000.00$ 95.23$ 226,153.86$ 0.65 215,384.63$ Land 135,000.00$ 100.00$ 217,741.94$ 0.62 217,741.94$ Land 175,000.00$ 94.59$ 231,250.00$ 0.8 218,750.00$ Land 220,000.00$ 84.94$ 259,000.00$ 1 220,000.00$ Land 425,000.00$ 94.44$ 236,842.11$ 1.9 223,684.22$ Land 140,000.00$ 84.84$ 266,129.03$ 0.62 225,806.45$ Land 38,500.00$ 88.50$ 255,882.34$ 0.17 226,470.58$ Land 965,000.00$ 100.00$ 227,058.82$ 4.25 227,058.82$ Land 275,000.00$ 91.97$ 247,107.44$ 1.21 227,272.73$ Land 105,000.00$ 91.30$ 250,000.00$ 0.46 228,260.87$ Land 96,500.00$ 96.60$ 237,857.14$ 0.42 229,761.90$ Land 145,000.00$ 96.73$ 237,936.51$ 0.63 230,158.73$ Land 440,000.00$ 88.89$ 259,162.30$ 1.91 230,366.49$ Land 150,000.00$ 98.68$ 233,846.15$ 0.65 230,769.23$ Land 100,000.00$ 94.33$ 246,511.62$ 0.43 232,558.14$ Land 150,000.00$ 100.00$ 234,375.00$ 0.64 234,375.00$ Land 112,500.00$ 100.00$ 234,375.00$ 0.48 234,375.00$ Land 103,500.00$ 94.95$ 247,727.27$ 0.44 235,227.27$ Land 87,500.00$ 111.46$ 212,162.16$ 0.37 236,486.48$ Land 360,000.00$ 100.00$ 236,842.11$ 1.52 236,842.11$ Attachment A Land 128,000.00$ 88.88$ 266,666.66$ 0.54 237,037.03$ Land 83,000.00$ 100.00$ 237,142.86$ 0.35 237,142.86$ Land 100,000.00$ 93.45$ 254,761.91$ 0.42 238,095.25$ Land 129,000.00$ 100.00$ 238,888.89$ 0.54 238,888.89$ Land 350,000.00$ 93.33$ 256,849.32$ 1.46 239,726.03$ Land 155,000.00$ 100.00$ 242,187.50$ 0.64 242,187.50$ Land 180,000.00$ 97.30$ 250,000.00$ 0.74 243,243.24$ Land 92,500.00$ 94.05$ 258,815.79$ 0.38 243,421.05$ Land 122,000.00$ 92.01$ 265,200.00$ 0.5 244,000.00$ Land 525,000.00$ 95.45$ 255,813.95$ 2.15 244,186.05$ Land 127,500.00$ 100.00$ 245,192.31$ 0.52 245,192.31$ Land 158,000.00$ 85.41$ 289,062.50$ 0.64 246,875.00$ Land 205,000.00$ 84.71$ 291,566.28$ 0.83 246,987.95$ Land 88,500.00$ 98.33$ 257,142.86$ 0.35 252,857.14$ Land 170,000.00$ 97.14$ 261,194.03$ 0.67 253,731.34$ Land 79,000.00$ 93.05$ 273,870.97$ 0.31 254,838.70$ Land 159,000.00$ 100.00$ 256,451.61$ 0.62 256,451.61$ Land 95,000.00$ 95.48$ 268,918.92$ 0.37 256,756.76$ Land 150,000.00$ 100.00$ 258,620.69$ 0.58 258,620.69$ Land 277,500.00$ 95.69$ 271,028.04$ 1.07 259,345.79$ Land 125,000.00$ 89.93$ 289,583.33$ 0.48 260,416.67$ Land 205,000.00$ 113.89$ 230,769.23$ 0.78 262,820.51$ Land 150,000.00$ 100.00$ 263,157.89$ 0.57 263,157.89$ Land 79,000.00$ 92.94$ 283,333.31$ 0.3 263,333.31$ Land 245,000.00$ 85.96$ 309,782.59$ 0.92 266,304.34$ Land 200,000.00$ 85.11$ 313,333.33$ 0.75 266,666.67$ Land 1,100,000.00$ 73.58$ 364,634.15$ 4.1 268,292.68$ Land 35,000.00$ 89.74$ 300,000.00$ 0.13 269,230.77$ Land 120,000.00$ 96.00$ 284,090.91$ 0.44 272,727.27$ Land 150,000.00$ 103.81$ 262,727.27$ 0.55 272,727.27$ Land 1,905,000.00$ 131.38$ 207,736.39$ 6.98 272,922.64$ Land 145,000.00$ 100.00$ 273,584.91$ 0.53 273,584.91$ Land 118,000.00$ 100.00$ 274,418.60$ 0.43 274,418.60$ Land 165,000.00$ 92.70$ 296,666.67$ 0.6 275,000.00$ Land 240,000.00$ 94.11$ 293,103.44$ 0.87 275,862.06$ Land 225,000.00$ 90.18$ 308,024.69$ 0.81 277,777.78$ Land 225,000.00$ 90.18$ 308,024.69$ 0.81 277,777.78$ Land 167,000.00$ 95.43$ 291,666.67$ 0.6 278,333.33$ Land 120,000.00$ 93.02$ 300,000.00$ 0.43 279,069.75$ Land 171,000.00$ 92.43$ 303,278.69$ 0.61 280,327.87$ Land 225,000.00$ 100.00$ 281,250.00$ 0.8 281,250.00$ Land 45,000.00$ 100.00$ 281,250.00$ 0.16 281,250.00$ Land 265,000.00$ 94.98$ 296,808.51$ 0.94 281,914.89$ Land 130,000.00$ 86.67$ 326,086.96$ 0.46 282,608.70$ Land 660,000.00$ 94.96$ 298,283.26$ 2.33 283,261.80$ Land 119,000.00$ 100.00$ 283,333.33$ 0.42 283,333.33$ Land 275,000.00$ 100.00$ 283,505.15$ 0.97 283,505.15$ Land 191,000.00$ 97.95$ 291,044.78$ 0.67 285,074.63$ Land 40,000.00$ 100.00$ 285,714.29$ 0.14 285,714.29$ Land 165,000.00$ 95.93$ 301,754.38$ 0.57 289,473.69$ Land 712,500.00$ 100.00$ 289,634.15$ 2.46 289,634.15$ Land 265,000.00$ 89.83$ 324,175.82$ 0.91 291,208.79$ Land 210,000.00$ 93.33$ 312,500.00$ 0.72 291,666.67$ Land 750,000.00$ 100.00$ 291,828.79$ 2.57 291,828.79$ Land 295,000.00$ 100.00$ 292,079.22$ 1.01 292,079.22$ Land 310,000.00$ 95.38$ 306,603.77$ 1.06 292,452.83$ Land 340,000.00$ 95.77$ 306,034.48$ 1.16 293,103.45$ Land 177,000.00$ 95.68$ 308,333.33$ 0.6 295,000.00$ Land 185,000.00$ 100.00$ 298,387.10$ 0.62 298,387.10$ Land 390,000.00$ 100.00$ 302,325.58$ 1.29 302,325.58$ Land 195,000.00$ 89.04$ 342,187.50$ 0.64 304,687.50$ Land 300,000.00$ 100.00$ 306,122.45$ 0.98 306,122.45$ Land 175,000.00$ 106.06$ 289,473.68$ 0.57 307,017.54$ Land 80,000.00$ 89.89$ 342,307.69$ 0.26 307,692.31$ Land 185,000.00$ 100.00$ 308,333.33$ 0.6 308,333.33$ Land 112,500.00$ 100.00$ 312,500.00$ 0.36 312,500.00$ Land 69,000.00$ 92.62$ 338,636.36$ 0.22 313,636.36$ Land 165,000.00$ 98.80$ 321,153.85$ 0.52 317,307.69$ Land 270,000.00$ 100.00$ 317,647.06$ 0.85 317,647.06$ Land 175,000.00$ 100.00$ 318,181.82$ 0.55 318,181.82$ Land 182,000.00$ 93.33$ 342,105.26$ 0.57 319,298.25$ Land 320,000.00$ 81.01$ 395,000.00$ 1 320,000.00$ Land 1,275,000.00$ 98.07$ 327,455.91$ 3.97 321,158.69$ Land 270,000.00$ 100.00$ 321,428.57$ 0.84 321,428.57$ Land 71,000.00$ 102.90$ 313,636.36$ 0.22 322,727.27$ Land 210,000.00$ 100.00$ 323,076.92$ 0.65 323,076.92$ Land 650,000.00$ 81.76$ 395,522.39$ 2.01 323,383.08$ Land 159,000.00$ 96.36$ 336,734.69$ 0.49 324,489.80$ Land 260,000.00$ 100.00$ 325,000.00$ 0.8 325,000.00$ Land 150,000.00$ 97.40$ 334,782.59$ 0.46 326,086.94$ Land 245,000.00$ 100.00$ 326,666.67$ 0.75 326,666.67$ Land 340,000.00$ 100.00$ 326,923.08$ 1.04 326,923.08$ Land 59,000.00$ 100.00$ 327,777.78$ 0.18 327,777.78$ Land 375,000.00$ 100.00$ 328,947.37$ 1.14 328,947.37$ Land 235,500.00$ 94.20$ 352,112.68$ 0.71 331,690.14$ Land 150,000.00$ 100.00$ 333,333.33$ 0.45 333,333.33$ Land 215,000.00$ 93.89$ 357,812.50$ 0.64 335,937.50$ Land 250,000.00$ 100.00$ 337,837.84$ 0.74 337,837.84$ Land 257,500.00$ 87.29$ 388,157.89$ 0.76 338,815.79$ Attachment A Land 183,000.00$ 93.85$ 361,111.11$ 0.54 338,888.89$ Land 1,225,000.00$ 90.74$ 373,961.22$ 3.61 339,335.18$ Land 150,000.00$ 100.00$ 340,909.09$ 0.44 340,909.09$ Land 275,000.00$ 100.00$ 343,750.00$ 0.8 343,750.00$ Land 192,800.00$ 100.00$ 344,285.71$ 0.56 344,285.71$ Land 418,000.00$ 99.29$ 347,933.88$ 1.21 345,454.55$ Land 180,000.00$ 109.09$ 317,307.69$ 0.52 346,153.85$ Land 170,000.00$ 92.90$ 373,469.39$ 0.49 346,938.78$ Land 285,000.00$ 96.61$ 359,756.10$ 0.82 347,560.98$ Land 150,000.00$ 93.75$ 372,093.02$ 0.43 348,837.21$ Land 185,000.00$ 97.88$ 363,461.54$ 0.52 355,769.23$ Land 285,000.00$ 86.36$ 412,500.00$ 0.8 356,250.00$ Land 300,000.00$ 85.71$ 416,666.67$ 0.84 357,142.86$ Land 625,000.00$ 96.15$ 375,722.54$ 1.73 361,271.68$ Land 300,000.00$ 93.75$ 385,542.17$ 0.83 361,445.78$ Land 380,000.00$ 80.00$ 452,380.97$ 1.05 361,904.78$ Land 150,000.00$ 100.00$ 365,853.66$ 0.41 365,853.66$ Land 210,000.00$ 100.00$ 368,421.05$ 0.57 368,421.05$ Land 500,000.00$ 100.00$ 370,370.37$ 1.35 370,370.37$ Land 510,000.00$ 85.71$ 434,306.57$ 1.37 372,262.77$ Land 45,000.00$ 93.75$ 400,000.00$ 0.12 375,000.00$ Land 575,000.00$ 96.63$ 388,888.91$ 1.53 375,817.00$ Land 600,000.00$ 93.75$ 402,515.72$ 1.59 377,358.49$ Land 350,000.00$ 93.33$ 412,087.91$ 0.91 384,615.38$ Land 275,000.00$ 100.00$ 387,323.94$ 0.71 387,323.94$ Land 465,000.00$ 103.56$ 374,166.67$ 1.2 387,500.00$ Land 325,000.00$ 92.85$ 421,686.75$ 0.83 391,566.28$ Land 200,000.00$ 100.00$ 392,156.86$ 0.51 392,156.86$ Land 400,000.00$ 80.81$ 490,099.01$ 1.01 396,039.60$ Land 325,000.00$ 100.00$ 396,341.46$ 0.82 396,341.46$ Land 532,000.00$ 89.41$ 447,368.42$ 1.33 400,000.00$ Land 220,000.00$ 97.78$ 409,090.91$ 0.55 400,000.00$ Land 365,000.00$ 91.48$ 438,461.54$ 0.91 401,098.90$ Land 325,000.00$ 100.00$ 401,234.57$ 0.81 401,234.57$ Land 420,000.00$ 98.82$ 408,653.85$ 1.04 403,846.15$ Land 295,000.00$ 100.00$ 404,109.59$ 0.73 404,109.59$ Land 235,000.00$ 100.00$ 405,172.41$ 0.58 405,172.41$ Land 195,000.00$ 85.15$ 477,083.33$ 0.48 406,250.00$ Land 220,000.00$ 97.78$ 416,666.67$ 0.54 407,407.41$ Land 155,000.00$ 96.88$ 432,432.43$ 0.37 418,918.92$ Land 275,000.00$ 100.00$ 423,076.92$ 0.65 423,076.92$ Land 220,000.00$ 92.05$ 459,615.41$ 0.52 423,076.94$ Land 539,000.00$ 100.00$ 427,777.78$ 1.26 427,777.78$ Land 142,000.00$ 97.93$ 439,393.94$ 0.33 430,303.03$ Land 95,000.00$ 90.90$ 475,000.00$ 0.22 431,818.19$ Land 350,000.00$ 88.61$ 487,654.32$ 0.81 432,098.77$ Land 215,000.00$ 89.95$ 487,755.09$ 0.49 438,775.50$ Land 750,000.00$ 100.00$ 443,786.98$ 1.69 443,786.98$ Land 40,000.00$ 81.63$ 544,444.44$ 0.09 444,444.44$ Land 455,000.00$ 94.99$ 469,607.84$ 1.02 446,078.43$ Land 1,850,000.00$ 92.73$ 486,585.37$ 4.1 451,219.51$ Land 237,500.00$ 79.43$ 586,274.51$ 0.51 465,686.27$ Land 550,000.00$ 100.00$ 470,085.47$ 1.17 470,085.47$ Land 525,000.00$ 100.00$ 495,283.02$ 1.06 495,283.02$ Land 34,900.00$ 100.00$ 498,571.44$ 0.07 498,571.44$ Land 325,000.00$ 100.00$ 500,000.00$ 0.65 500,000.00$ Land 1,500,000.00$ 94.04$ 535,234.88$ 2.98 503,355.69$ Land 36,000.00$ 97.56$ 527,142.88$ 0.07 514,285.72$ Land 187,500.00$ 93.75$ 555,555.56$ 0.36 520,833.31$ Land 210,000.00$ 76.36$ 687,500.00$ 0.4 525,000.00$ Land 195,000.00$ 100.00$ 527,027.03$ 0.37 527,027.03$ Land 32,000.00$ 100.00$ 533,333.38$ 0.06 533,333.38$ Land 850,000.00$ 100.00$ 544,871.79$ 1.56 544,871.79$ Land 90,000.00$ 81.82$ 687,500.00$ 0.16 562,500.00$ Land 130,000.00$ 96.30$ 586,956.52$ 0.23 565,217.39$ Land 185,000.00$ 217.65$ 265,625.00$ 0.32 578,125.00$ Land 750,000.00$ 100.00$ 641,025.64$ 1.17 641,025.64$ Land 135,000.00$ 100.00$ 642,857.14$ 0.21 642,857.14$ Land 720,000.00$ 96.00$ 688,073.38$ 1.09 660,550.44$ Land 2,000,000.00$ 88.89$ 767,918.09$ 2.93 682,593.86$ Land 170,000.00$ 91.89$ 770,833.38$ 0.24 708,333.38$ Land 490,000.00$ 89.25$ 844,615.38$ 0.65 753,846.15$ Land 715,000.00$ 98.07$ 775,531.94$ 0.94 760,638.31$ Land 205,000.00$ 100.00$ 854,166.67$ 0.24 854,166.67$ Land 675,000.00$ 97.83$ 873,417.72$ 0.79 854,430.38$ Land 143,000.00$ 100.00$ 893,750.00$ 0.16 893,750.00$ Land 647,027.00$ 72.29$ 1,278,571.50$ 0.7 924,324.31$ Land 1,062,973.00$ 118.76$ 778,260.88$ 1.15 924,324.38$ Land 392,500.00$ 96.91$ 1,012,500.00$ 0.4 981,250.00$ Land 310,000.00$ 95.38$ 1,048,387.06$ 0.31 1,000,000.00$ Land 144,000.00$ 96.00$ 1,071,428.57$ 0.14 1,028,571.43$ Land 560,000.00$ 93.48$ 1,174,509.88$ 0.51 1,098,039.25$ Land 310,000.00$ 98.41$ 1,125,000.00$ 0.28 1,107,142.86$ Land 572,950.00$ 95.65$ 1,174,509.88$ 0.51 1,123,431.38$ Land 950,000.00$ 53.52$ 2,246,835.44$ 0.79 1,202,531.65$ Land 269,000.00$ 100.00$ 1,222,727.27$ 0.22 1,222,727.27$ Land 1,225,000.00$ 98.00$ 1,262,626.25$ 0.99 1,237,373.75$ Land 635,000.00$ 93.51$ 1,331,372.62$ 0.51 1,245,098.00$ Land 175,000.00$ 100.00$ 1,250,000.00$ 0.14 1,250,000.00$ Attachment A Land 360,000.00$ 90.23$ 1,425,000.00$ 0.28 1,285,714.29$ Land 350,000.00$ 100.00$ 1,400,000.00$ 0.25 1,400,000.00$ Land 630,000.00$ 93.33$ 1,500,000.00$ 0.45 1,400,000.00$ Land 1,375,000.00$ 89.29$ 1,571,428.57$ 0.98 1,403,061.22$ Land 1,375,000.00$ 91.67$ 1,546,391.75$ 0.97 1,417,525.77$ Land 1,380,000.00$ 81.41$ 1,842,391.25$ 0.92 1,500,000.00$ Land 1,165,000.00$ 97.49$ 1,731,884.06$ 0.69 1,688,405.80$ Land 10,800,000.00$ 87.10$ 1,946,624.80$ 6.37 1,695,447.41$ Land 1,250,000.00$ 100.00$ 1,712,328.77$ 0.73 1,712,328.77$ Land 3,480,000.00$ 83.86$ 2,075,000.00$ 2 1,740,000.00$ Land 700,000.00$ 100.00$ 1,794,871.88$ 0.39 1,794,871.88$ Land 275,000.00$ 92.28$ 1,986,666.67$ 0.15 1,833,333.33$ Land 572,000.00$ 95.49$ 1,932,258.00$ 0.31 1,845,161.25$ Land 1,000,000.00$ 86.95$ 2,129,629.50$ 0.54 1,851,851.75$ Land 1,670,000.00$ 88.13$ 2,105,555.56$ 0.9 1,855,555.56$ Land 1,275,000.00$ 91.40$ 2,082,089.55$ 0.67 1,902,985.07$ Land 400,000.00$ 84.21$ 2,261,904.75$ 0.21 1,904,762.00$ Land 1,200,000.00$ 80.00$ 2,542,372.88$ 0.59 2,033,898.31$ Land 232,500.00$ 66.43$ 3,181,818.18$ 0.11 2,113,636.36$ Land 1,350,000.00$ 90.91$ 3,030,612.24$ 0.49 2,755,102.04$ Land 2,125,000.00$ 98.84$ 2,945,205.48$ 0.73 2,910,958.90$ Land 350,000.00$ 87.72$ 3,325,000.00$ 0.12 2,916,666.67$ Land 2,200,000.00$ 88.17$ 3,514,084.50$ 0.71 3,098,591.75$ Land 750,000.00$ 93.87$ 3,329,166.67$ 0.24 3,125,000.00$ Land 4,375,000.00$ 97.22$ 3,750,000.00$ 1.2 3,645,833.33$ Land 525,000.00$ 95.45$ 3,928,571.43$ 0.14 3,750,000.00$ Land 460,000.00$ 92.18$ 4,158,333.33$ 0.12 3,833,333.33$ Land 1,695,000.00$ 100.00$ 3,852,272.73$ 0.44 3,852,272.73$ Land 4,250,000.00$ 100.00$ 4,047,619.05$ 1.05 4,047,619.05$ Land 850,000.00$ 94.97$ 4,475,000.00$ 0.2 4,250,000.00$ Land 1,150,000.00$ 100.00$ 4,423,076.92$ 0.26 4,423,076.92$ Land 4,750,000.00$ 95.10$ 4,995,000.00$ 1 4,750,000.00$ Land 4,750,000.00$ 97.04$ 4,944,444.44$ 0.99 4,797,979.80$ Land 1,000,000.00$ 83.68$ 5,975,000.00$ 0.2 5,000,000.00$ Land 2,125,000.00$ 88.73$ 5,841,463.41$ 0.41 5,182,926.83$ Land 1,850,000.00$ 97.37$ 5,588,235.29$ 0.34 5,441,176.47$ Land 2,050,000.00$ 97.62$ 6,562,500.00$ 0.32 6,406,250.00$ Land 8,500,000.00$ 94.50$ 15,780,701.75$ 0.57 14,912,280.70$ Land 244,186.05$ 2.15 Land 500,000.00$ 0.65 Land 436,363.64$ 2.75 Land 2,708.33$ 120 Land 107,077.57$ 38.29 Land 69,750.37$ 6.81 Land 739,338.56$ 11.49 Land 223,214.29$ 0.56 Land 508,064.52$ 1.24 Land 5,571,428.57$ 0.35 Land 376,712.33$ 0.73 Land 641,711.23$ 1.87 Land 387,323.94$ 0.71 Land 371,428.57$ 0.7 Land 345,679.01$ 0.81 Land 437,500.00$ 0.64 Land 613,636.36$ 0.22 Land 659,090.91$ 0.22 Land 805,555.56$ 0.18 Land 398,305.08$ 0.59 Land 62,656.64$ 27.93 Land 206,766.92$ 3.99 Land 219,117.65$ 0.68 Land 135,000.00$ 100.00$ 0 Land 213,200.00$ 0.75 Land 51,775.15$ 6.76 Land 341,167.55$ 39.57 Land 124,843.82$ 0.89 Land 55,629.88$ 44.85 Land 3,163,333.33$ 0.3 Land 511,716.55$ 1.39 Land 57,392.34$ 209 Land 32,894.12$ 21.25 Land 150,000.00$ 70 Land 845,771.14$ 2.01 Land 267,441.86$ 0.43 Land 327,380.95$ 3.36 Land 508,474.58$ 1.77 Land 192,857.14$ 0.7 Land 576,730.77$ 0.52 Land 935,517.97$ 9.46 Land 1,014,799.15$ 4.73 Land 468,750.00$ 3.2 Land 179,368.93$ 4.12 Land 251,842.75$ 4.07 Land 151,694.92$ 0.59 Land 173,333.33$ 0.75 Land 360,359.46$ 1.11 Land 139,322.92$ 3.84 Land 389,705.88$ 0.68 Land 209,251.10$ 4.54 Attachment A Land 169,642.86$ 0.56 Land 476,562.50$ 0.64 Land 572,727.27$ 0.55 Land 561,403.51$ 0.57 Land 500,000.00$ 0.24 Land 146,579.80$ 3.07 Land 539,215.69$ 0.51 Land 466,101.69$ 0.59 Land 7,000.00$ 40 Land 53,262.32$ 37.55 Land 946,745.56$ 8.45 Land 391,304.35$ 0.69 Land 380,281.69$ 0.71 Land 5,208.33$ 1056 Land 29,736.84$ 1140 Land 17,204.87$ 151.12 Land 10,294,117.65$ 0.34 Land 358,490.57$ 0.53 Land 231,666.67$ 0.6 Attachment A Attachment B Res 22-01- Preliminary Subdivision – McGrady Acres Page 1 of 2 RESOLUTION 22-01 APPROVING A PRELIMINARY SUBDIVISION APPLICATION FOR LOT 3 AND LOT 6, MCGRADY ACRES SUBDIVISION WHEREAS, Eagle River Homes, LLC, owner of property described as Lot 3 and Lot 6, McGrady Acres Subdivision, submitted a Preliminary (Major) Subdivision application (“Application”) to subdivide the property into twenty-four (24) new lots and associated comment elements; and WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major Subdivision, requiring a preliminary and final plat review pursuant to Avon Municipal Code section 7.16.070(c); and WHEREAS, the Avon Planning and Zoning Commission held Public Hearings for the Application on the December 7, 2021 and December 21, 2021; and WHEREAS, the Avon Planning and Zoning Commission adopted written findings of fact and a record of decision on January 18, 2022, recommending conditional approval of the Application; and WHEREAS, the Application is subject to Avon Municipal Code section 7.32.090, Park Land Dedication; and WHEREAS, Eagle River Homes, LLC has proposed cash ($342,500) in lieu of land dedication, as permitted by Avon Municipal Code section 7.32.090(h); and WHEREAS, the Town Council finds that the dedication of land for park purposes is not practical and that cash in lieu of land dedication will fully satisfy the requirements of Avon Municipal Code section 7.32.090, Park Land Dedication; and WHEREAS, the Avon Town Council held a public hearing on February 8, 2022, after publishing and posting notice as required by law, considered all comments, testimony, evidence, and reports provided by the Town Staff and the PZC prior to deciding on the Application; and WHEREAS, pursuant to Avon Municipal Code section 7.16.070(e) the Town Council has considered the applicable review criteria for a Preliminary (Major) Final Plat, and found the Application in general compliance with the review criteria; Attachment C Res 22-01- Preliminary Subdivision – McGrady Acres Page 2 of 2 NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council approves the Preliminary (Major) Subdivision Application for Lot 3 and Lot 6, McGrady Acres Subdivision, conditional upon the following information being provided at Final Subdivision submittal: 1. Ability to Serve from ERWSD, and final utility verifications. 2. Public Improvements Agreement. 3. Evidence of Homeowners Association creation and ongoing maintenance responsibilities. 4. Cash in lieu Park Land Dedication payment in the amount of $342,500 ADOPTED this 8th day of February 2022. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk Attachment C PZC Record of Decision: SUB21006 Page 1 of 1 PLANNING AND ZONING COMMISSION FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARINGS: December 7 & December 21, 2021 TYPE OF APPLICATION: Preliminary Subdivision (Major) PROPERTY LOCATION: 86 & 95 Post Boulevard FILE NUMBER: SUB21006 APPLICANT: Eagle River Homes, LLC This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION: Recommendation for Approval to Avon Town Council. FINDINGS: 1. The proposed application was reviewed pursuant to Avon Development Code §7.16.070, Subdivisions, and the application is in conformance with the applicable review criteria; 2. The application is complete; 3. The application provides sufficient information to allow the PZC to determine that the application complies with the relevant review criteria; 4. The application complies with the goals and policies of the Avon Comprehensive Plan; 5. Public notification requirements have been met, and the Public Hearing with PZC on December 7, 2021 meets requirements of the Avon Development Code; and 6. The demand for public services or infrastructure exceeding current capacity is mitigated by the application; CONDITIONS: 1. Ability to Serve from ERWSD and final utility verifications must be included with Final Subdivision. 2. Public Improvements Agreement will be provided at Final Subdivision. 3. Evidence of Homeowners Association creation and ongoing maintenance responsibilities will be demonstrated at Final Subdivision. 4. Park land dedication requirements will be approved by Town Council. 5. Easement for realigned sidewalk must be incorporated with Final Subdivision. THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED: BY:______________________________________ DATE: ___________________ PZC Chairperson 1/18/2022 Attachment D Created: 2022-01-11 12:57:04 [EST] (Supp. No. 29, Update 1) Page 1 of 3 7.32.090 Parks land dedication. (a) Purpose. This Section is intended to regulate the development, preservation and maintenance of parks, open space and trails throughout Avon. Parks, open space and trail regulations are intended to preserve natural areas and resources, preserve scenic views, provide access to open areas and recreational opportunities, create public health benefits and generally enhance the quality of life for Avon residents. Particular emphasis should be placed on providing a diversity of parks, trails and open space opportu nities that serve residents of all ages and abilities and that are accessible from a variety of locations within the community. (b) Applicability. (1) Whole Units. Any person offering a rezoning, preliminary plan and/or major subdivision final plat for development of any area zoned and to be used for single-family, duplex or multi-family residential purposes, including mixed-use developments, in the Town shall be required to dedicate: (1) a portion of land toward a community goal of eight and two-tenths (8.2) acres of park land per one thousand (1,000) residents; or (2) pay a cash-in-lieu thereof pursuant to Subsection (h),below. (2) Accommodation Units. Accommodation units shall be required to dedicate park land or pay a fee-in- lieu as described in this Section and shall be calculated as thirty-five hundredths (0.35) of a whole unit. (c) Amount of Park Land to be Dedicated. (1) The amount of park land dedicated shall not be less than eight and two -tenths (8.2) acres of park or open space land per one thousand (1,000) residents of the development unless the Planning and Zoning Commission makes an individualized finding that supports an alternate dedication requirement. Any such alternate dedication requirement shall be reasonably related to the impacts up on the Town's parks and recreation system that will be generated by the residents and users of the subject development. The following formula may be used as a general guideline for determining the amount of land to be dedicated: 8.2 acres x (number of units) x (persons per unit)/1000 = area to be dedicated (2) The distribution of this land shall be as follows: (i) Pocket Parks: two (2) acres per one thousand (1,000) residents. (ii) Neighborhood Parks: six and two-tenths (6.2) acres per one thousand (1,000) residents. (3) The Director shall determine the number of persons per unit based upon data compiled by the Town from time to time in the update of its Comprehensive Plan. This data shall be reviewed and adjusted by the Director as necessary to reflect current figures. The calculation shall be based on full occupancy of all units. (4) The developer shall submit with each subdivision plat for multi-family or mixed-use residential development information concerning the number of units. Should the develo per fail to do so, the Director shall assume the highest density allowed in the applicable mixed-use or multi-family residential district. (d) Characteristics of Park Land to be Dedicated. (1) Standard Criteria for Pocket Parks and Neighborhood Parks. To the maximum extent practicable, park land to be dedicated shall be consistent with the following standard characteristics of parks: (i) Pocket Parks. Pocket parks provide opportunities for passive outdoor recreation at a sub - neighborhood scale. Pocket parks shall be located within one-quarter (¼) mile of the residences they are intended to serve and may include lawn areas, picnic shelters and tables, play Attachment E Created: 2022-01-11 12:57:04 [EST] (Supp. No. 29, Update 1) Page 2 of 3 equipment, artwork or other amenities that are appropriate for the demographics and types of activities that the neighborhood may desire. Pocket parks shall be: (A) One quarter (¼) acre to two (2) acres in size; (B) Centrally located within or to neighborhoods served; (C) Bordered on at least two (2) sides by public streets to provide easy public access, visual surveillance and parking; and (D) Accessible from the surrounding neighborhoods using sidewalks and/or trails. (ii) Neighborhood Parks. Neighborhood parks shall provide places for informal recreation and gathering places within approximately one-half (½) mile from most residences being served. Neighborhood parks may include multi-use lawn areas, picnic areas, playground equipment, small court games, community gardens and playing fields and facilities as appropriate. Neighborhood parks shall be: (A) A minimum size of seven (7) acres; (B) Centrally located within or adjacent to the neighborhoods served; (C) Bordered on at least two (2) sides by public streets to provide easy public access, visual surveillance and parking; and (D) Accessible from surrounding neighborhoods by sidewalks and/or trails. (e) Additional Criteria for Park Land Dedications. Except as otherwise required by the Planning and Zoning Commission at the time of preliminary plat approval or by the Town Council on acceptance of the dedication, all dedications of land under this Section shall meet the following criteria. These criteria should be considered general guidelines to ensure that dedicated land is suitable for park development. (1) Aggregate Parcel. The dedicated park land shall form a single parcel of land, except where the Planning and Zoning Commission determines that two (2) or more parcels or trails would be in the best interest of the public, given the type and distribution of open spaces needed to adequately serve the proposed development. In such cases, the Planning and Zoning Commission may require that such parcels be connected by a dedicated strip of land at least thirty (30) feet in width. (2) Usability. At least fifty percent (50%) of the dedicated land requ ired by this Section shall be well- drained, level and suitable for playing fields and recreational facilities. No part of such fifty percent (50%) shall be within any designated flood plain or floodway of the Town. Drainage areas may be accepted if the recommended channel improvements, walkways, landscaping and irrigation systems are constructed in accordance with Town standards and conform to the Avon Comprehensive Plan. (3) Connectivity. All dedicated land shall, to the maximum extent feasible, be linked to parks, open space and trails or adjacent parcels to form a connected system throughout Avon. (4) Water Rights. Water rights sufficient to irrigate and serve the intended uses of the dedicated park land shall be transferred to the Town simultaneously with the park land dedication. (5) Cemeteries. Council may allow acceptance of public cemeteries to meet this criteria. (6) Areas not Eligible. Lands within the following areas shall not be accepted for park land dedication: (i) Private yards; (ii) Public or private streets or rights-of-way not intended for park, open space or trail-related purposes; Attachment E Created: 2022-01-11 12:57:04 [EST] (Supp. No. 29, Update 1) Page 3 of 3 (iii) Open parking areas and driveways for dwellings not intended for park, open space or trail-related purposes; (iv) Streets; (v) Streetscape or landscape buffers and median strips; (vi) Major utility easements over thirty (30) feet wide; (vii) Oil and gas well sites and buffers; (viii) Storm water detention and water quality ponds greater than five (5) feet deep with slopes greater than five to one (5:1). (f) Procedure for Dedication of Park Land. The dedication of park land shall be reviewed and approved as part of the preliminary plan. The developer shall designate on the preliminary plan the area or areas of land to be dedicated pursuant to this Section. (g) Submission of Deed and Survey. Unless otherwise stipulated in a development agreement, the conveyance of dedicated land to the Town shall be by warranty deed and the title shall be free and clear of all liens and encumbrances, including real property taxes prorated to the time of conveyance. The owner shall provide the Town with title insurance for the property. The deed shall be submitted no later than thirty (30) days after the approval of a phase's final plat. (h) Payments of Cash in Lieu of Land Dedication. (1) Applicability. The Council may determine that the dedication of land for park purposes is not necessary or not practical for a specific development and may require cash in lieu of land dedication. (2) Use of Funds. Any cash-in-lieu payments received shall be placed into a separate account to be used exclusively for Parks capital improvements ("Parks Capital Improvements Funds"). The expenditure of funds from the Parks Capital Improvements Fund shall be determined by the Council, but in any event, such funds may only be used for capital improvement of park lands and facilities, including acquisition of park land, which reasonably serve the development con tributing the cash-in-lieu funds. (3) Demand for Expenditure or Reimbursement. In the event the cash -in-lieu fund for park purposes received by the Town are not expended on park purposes within five (5) years of the date of receipt of such funds, the payor, including successors and assigns or such funds, may submit a written demand to the Town, through the Town Clerk and with copy to the Town Attorney, demanding that the Town expend such funds on park purposes or reimburse such funds. The Town shall have o ne (1) year from the date of such written demand to either expend such funds on park purposes in accordance with the provisions of Paragraph (h)(2), above or shall reimburse the park funds without interest to the payor, including successors and assigns. In the event any dispute exists as to the lawful person entitled to receive reimbursement of park funds paid to the Town, the Town may place such funds into an escrow account to be disbursed upon resolution of such dispute. (Ord. 10-14 §3) Attachment E 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: McGrady Acres Enclave Employee Housing Mitigation DATE: February 4, 2022 SUMMARY: The Planning and Zoning Commission approved a Major Development Plan for a twenty-four (24) unit townhome project in McGrady Acres Subdivision on December 21, 2021. The approval was contingent upon approval of a Preliminary Subdivision and Employee Housing Mitigation Plan by the Town Council. The property owner proposes (“Attachment A”) to purchase a 1-bedroom unit of 700+ square feet in size to meet the Employee Housing Mitigation requirements. A resident-occupancy deed restriction agreement would be placed upon the unit prior to the first temporary certificate of occupancy for the project. REQUIREMENTS: The Employee Housing Mitigation requirements apply to new multi-family projects that contain 3 or more units. Based on the mitigation formula, this development must mitigate for 1.3 employees. The following options for Employee Housing Mitigation are outlined in order of preference: (1) Construction of Employee Housing Mitigation unit(s) on the site on which the development is proposed. (2) Construction of deed restricted Employee Housing Mitigation unit(s) within the Town, provided such land, site or structure has not been previously deed-restricted to employee or affordable housing by any party. (3) Construction of Employee Housing Mitigation unit(s) outside the Town but within the Eagle Valley, provided such land, site or structure has not been previously deed-restricted to employee or affordable housing by any party. Prior to construction of such unit(s), consent of the relevant jurisdiction or homeowner's association (if required) to placement of a deed restriction on the unit(s) must be obtained, in addition to any required land use approvals. Units outside of the Town must be within the 80% - 140% AMI range, as defined by the Avon Comprehensive Plan, within the Up or Mid Valley, as defined by the Eagle River Valley Housing Needs and Solutions plan. Units constructed shall be valued at .75 of the applicable required Employee Mitigation rate. (4) Deed restricting existing free market unit(s) within the Town or the Eagle Valley. (5) Fees-in-lieu, as defined by Town Council resolution and updated every two years, may be provided only for any fractional remainder of the Employee Mitigation requirement generated under this Section totaling less than 1.0 employee. PROCESS: The Town Council approves, approves with conditions, or denies all Employee Housing Mitigation plans. COUNCIL OPTIONS: - Approve the mitigation plan and delegate final approval of unit and deed restriction to staff, or - Approve the mitigation plan and require Town Council approval of unit and deed restriction agreement; or - Request more information and Continue action to a future meeting date; or - Deny the proposal by motion and vote. RECOMMENDATION: My recommendation is to conditionally approve the Employee Housing Mitigation Plan. Action would be conditioned upon the Avon Town Council’s ultimate approval of unit location, final form of deed restriction, and timing to occur prior to the certificate of occupancy or temporary certificate of occupancy, whichever is earlier. Lastly, the unit should be not less than 750 square feet in size in order to meet the minimum size requirements outlined in code. Page 2 of 2 RECOMMENDED MOTION: “I move to approve the Employee Housing Mitigation Plan for McGrady Acres Enclave, subject to Town Council’s approval of unit location, size not less than 750 square feet, and final form of deed restriction agreement, prior to the first certificate of occupancy for the project.” Thank you, Matt ATTACHMENTS: A - Letter from Property Owner, dated January 20, 2022 Attachment A Page 1 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction TOWN OF AVON - RESIDENT OCCUPIED COMMUNITY HOUSING DEED RESTRICTION NON-PRICE CAPPED THIS DEED RESTRICTION (“Deed Restriction”) is made and executed on ___________________________________, 2020 by CRP/EWP Riverfront Avon Owner II, L.L.C., a Delaware limited liability company (“Declarant”), for the benefit of the Town of Avon, a Colorado home rule municipality (“Town”). WHEREAS, as a condition of Ordinance 17-16, Extending the Vested Property Rights and Approving a Minor PUD Amendment for Lots 4-7, Riverfront Village PUD and Subdivision, the Town Council of the Town of Avon required that the “Property”, as defined below in Section 1., to be subject to and encumbered by a Resident Occupied Community Housing Deed Restriction which limits the occupancy and use of the Property to full-time residents of the Town of Avon who meet the definition of Eagle County Employee and limits ownership of the Property to Eagle County Employees and Eagle County Employers, in accordance with the terms set forth in this Deed Restriction; and, WHEREAS, Declarant and Town desire to enter into this Deed Restriction. NOW, THEREFORE, for value received and in consideration of mutual promises and to satisfy the condition of Ordinance No. 17-16 to execute a Deed Restriction, Declarant does hereby declare and impose the following covenants on the Property described below, which covenants shall burden and run with the Property in perpetuity for the benefit of the Town until modified or released by the Town. COVENANTS 1. Property. The following real property is hereby burdened with the covenants and restrictions specified in this Deed Restriction: Condominium Unit 101, Riverfront Lodge, according to the Condominium Map recorded ____________, 20__, at Reception No. ______________, and as defined and described in the Condominium Declaration for Riverfront Lodge, recorded _______________, 20__, at Reception No. ________________ in the Office of the Clerk and Recorder of Eagle County, Colorado (“Property”). The Town shall record this Deed Restriction against the Property at Declarant’s expense. 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 such residence is the primary residence for that person. Attachment A Page 2 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction b. Owner means the Owner of the Property and may include either a Qualified Owner or Non- Qualified Owner, as the context requires. i. Qualified Owner means (1) a natural person who is an Eagle County Employee; or (2) an owner of a business, business entity or organization (including for profit, non-profit, public and governmental entities) with operations located within the boundaries of Eagle County who intends to rent or provide rent-free the Property to an employee (or employees) who is an Eagle County Employee, and in each case who possesses an ownership interest in the Property in compliance with the terms and provisions of this Deed Restriction and whose qualifications to own the Property have been certified by the Town at the time the Owner takes title to the Property. ii. Non-Qualified Owner means any person who does not meet the definition of Qualified Owner including persons who originally qualified as a Qualified Owner but whose circumstances change and who no longer meet the definition of Qualified Owner. c. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; 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 applicant is continuously occupying and using the residence 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 residence for a period not to exceed nine (9) months with the intent to return, and the residence is leased to another Eagle County Employee(s) after receiving written approval from the Town Manager. d. Second Home shall mean the status of the Property when used by any person who has a primary residence that is other than the Property. e. Short Term Rental shall mean the rental or lease of the Property for a period of time that is fewer than thirty (30) days. f. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may take title with such Qualified Owner’s spouse or civil union partner [if the Qualified Owner is a natural person who is an Eagle County Employee] and/or with a co-signor if the co- Attachment A Page 3 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction signor is signing for the sole purpose of facilitating the financing qualifications of the Qualified Owner and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes). b. Occupancy and Use. Occupancy and use of the Property shall be limited to one or more Eagle County Employees for occupancy and use as a Primary Residence. Permitted occupancy and use shall include immediate family members of such Eagle County Employee or Employees and temporary invitees who do not provide compensation for temporary residence at the Property. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. c. It shall not be deemed a violation of Sections 3.a or b. above if i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. d. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. e. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. f. The Owner of the Property shall submit to the Town an annual certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed Restriction on a form provided by the Town. The Town shall provide a written request with at least thirty (30) days’ notice for verification of occupancy, which notice shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. 4. Re-Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4. Attachment A Page 4 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the name(s) of the buyer(s) and all information required to determine whether the buyer(s) meets the definition of Qualified Owner. b. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective Buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated with processing the application. c. Once the Town has received complete information concerning the prospective Buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. d. The Town may require the Buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing by the Town to be a Qualified Owner. 5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least 24 hours written notice. Notice to the occupants may be given by posting notice on the door to the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice. A default by Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. c. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. Attachment A Page 5 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction e. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. f. Failure to make payments and comply with the terms of any deed of trust placed on the Property. g. Executing a deed of trust, lien or other encumbrance which encumbers the Property with an indebtedness or obligation that exceeds eighty-five (85%) of the loan to value ratio of the Property at the time of executing such deed of trust, lien or other encumbrance. h. Any action by the Owner to encumber the Property 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. i. Permitting the use of the Property as a Short Term Rental or Second Home. 6. 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 Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. 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 Town Council of the Town. A decision of the Town Council of the Town 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 Town Council of the Town (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 Town Council of the Town is judicially appealed, an order of the Court co nfirming the violation 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. In the event of any lease to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as Attachment A Page 6 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction 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 attorney’s fees, court filing costs and county recording costs. 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 Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31- 20-105, and the 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 the Property which violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this D eed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a 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. 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 Section 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or Attachment A Page 7 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. 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, 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. f. Notwithstanding Section 9.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. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a 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 (“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 up to the maximum amount defined in Section 5.g. above (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), 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 Qualified Owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any Qualified Owner 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 Attachment A Page 8 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction 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 Section 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. 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 and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the 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. Attachment A Page 9 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction 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 covenanted 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 for the benefit of the Town or the Town’s assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. 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, 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 Owner at the address provided by the Eagle County Assessor’s office. [signature page follows] Attachment A Page 10 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. OWNER: CRP/EWP Riverfront Avon Owner II, L.L.C., a Delaware limited liability company By:_________________________________ Name: ______________________________ Its: _________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of____________________, 2020, by ___________________________________ as ___________________ of CRP/EWP Riverfront Avon Owner II, L.L.C., a Delaware limited liability company, as the owner of the real property described above. Witness my hand and official seal. ______________________________ Notary Public My commission expires: ________________ Attachment A Page 11 of 11 Town of Avon – Resident Occupied Community Housing Deed Restriction TOWN OF AVON, CO: 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. My commission expires: ___________________ __________________________________________ Notary Public Attachment A (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: 2022 Marketing Goals and Strategies DATE: February 1, 2022 SUMMARY: In 2021 the Town launched a brand new DiscoverAvon.org website. During the year, Council expressed concerns about ‘Town capacity’ and questioned whether attracting more visitors to Avon during the winter & summer months through marketing was appropriate. The goal of this work session is to reflect on the 2021 strategies including the Discover Avon website and review and discuss marketing strategies and goals for 2022 and beyond. BACKGROUND: There has been Council discussion around shifting from marketing strategies that draw more visitors to marketing our community values and accomplishments and reinforcing Avon’s identity as independent of Vail and Beaver Creek. This potential strategy mimics a 2019 campaign launched by the Colorado Tourism Office to “leave no trace,” focusing on Colorado values rather than attracting visitors. General Government Intern Emily Myler helped prepare a peer communities review, evaluating the marketing budget and strategies of Silverthorne, Frisco, Winter Park, Telluride, Mountain Village, Breckenridge, Snowmass Village, Steamboat Springs, Vail and Crested Butte. RECOMMENDATION: Avon has not invested in marketing to the extent of many other ski resort Towns, and Staff does not foresee a benefit of making a drastic change or reduction to our marketing. Town Staff recommends finding balance between economic development, visitor experience and resident quality of life. This can be done through ‘value’ messaging that includes heavy emphasis on climate action, socially/environmentally conscious themes, and passion for outdoor recreation. Examples of Values Marketing Campaigns to execute in 2022 • Mi Casa Avon Program • E-bike Rebate Program • Avon Recreation Center Programming • Climate-focused messaging • Outdoor Recreation • Special Events and Cultural Events • Other (??) Although these campaigns represent a shift in messaging, it is still marketing Avon’s values so that residents and visitors know about current Town initiatives and connect to our community values. This will help the Town attract visitors and potential residents who align with these values. Additionally, growth in sales tax revenues suggest that we don’t need more ‘traditional’ marketing to get people here. Avon has and will continue to benefit from the migration of people leaving urban areas due to COVID and remote work opportunities. We are fortunate to be surrounded by heavy ‘visitor marketing’ conducted by Vail and Beaver Creek resorts. Avon has made significant progress having its own identity separate from Vail and Beaver Creek, and a marketing approach focused on community values will help grow that independent identity. Thank you, Elizabeth ATTACHMENT A: 2.8.22 Work Session PowerPoint 2022 Marketing Work Session February 8 Work Session Overview •2022 Marketing –Excluding Events: Town-produced events have a separate marketing budget of approximately $25,000. Local markets (Eagle County) are the primary target of these marketing dollars. We are not addressing events marketing today. •Peer Community Marketing Research: Town staff conducted a peer review of ten mountain communities, evaluating their marketing budget and strategies for comparison. •2021 Marketing Overview: Review the strategies and campaigns of 2021 projects •2022 Recommendations and Strategies: Review Staff recommendations for ‘values’ marketing campaigns and strategies Peer Communities Marketing Research Town Staff conducted peer communities review, evaluating the marketing budget and implementation of Vail, Breckenridge, Frisco, Crested Butte, Mountain Village, Silverthorne, Winter Park, Steamboat Springs, Telluride and Snowmass Village. We asked these communities several questions: •Do you have a separate marketing and community outreach/engagement budget? •Is your marketing handled by the Town, a Chamber of Commerce or a DMO? •What are the dollar amounts of community engagement and/or marketing budgets? •Have those budgets increased or decreased in the past five years? Avon has budgeted $70,000 for marketing in 2022. This is an increase of $40,000 since 2017. Silverthorne ●$102,000 marketing budget and $228,000 community outreach budget ●Budgets have stayed the same over past 3 years ●Marketing done in-house "We have had plenty of conversations about visitor marketing vs. local marketing, but we already spend most of our dollars on the local community and will continue to do so.” --Kristina Nayden, Marketing Manager Frisco ●$385,000 combined marketing and community outreach budget ●Remained the same for the last 8 years ●Marketing done in-house, but PR is managed by a retained firm "Town Council has been clear that they want to maintain awareness of the Town, but that there is not a thirst for increasing the amount of visitors. The focus is on harmony between economic vitality, visitor experience, and resident quality of life. Also, completely cutting the marketing budget has been recognized as an undesirable strategy” --Vanessa Agee, Communications Director Winter Park ●$388,897 marketing budget and $28,457 community outreach budget ●Budgets have stayed the same ●Marketing done by DMO “Personally, I think, COVID has challenged all of us to do more with less and to be incredibly creative with our marketing dollars.” --Libby Landen, Brand Manager, Winter Park & Fraser Chamber Telluride ●$482,784 marketing budget, no dedicated community outreach budget ●Budget has stayed the same ●Marketing done by Telluride Tourism Board Mountain Village ●$1.8 million combined marketing and community outreach budget ●Increased as accomodations tax revenue increased ●Marketing done by DMO Breckenridge ●$2 million combined marketing and community outreach budgets ●Decreased budget since 2019 ●Marketing done by Breckenridge Tourism Office Snowmass Village ●$2,017,500 marketing budget and $5,000 community outreach budget ●Budgets have stayed the same ●Marketing done in-house Steamboat Springs ●$2,926,620 marketing budget and $291,326 communications budget ●Budgets have stayed the same ●Marketing done through special district Vail ●$3 million marketing and community engagement budget ●Increased budget since 2019 as accomodations tax revenues increased ●Marketing done through special district Crested Butte ●$3.3 million combined marketing and community outreach budget ●Increased as accomodations tax revenue increased ●Marketing done by Gunnison County "Of note, in recent years the organization [Gunnison County] has shifted away from traditional tourism marketing and is investing heavily in broader economic development.” --Dara McDonald, Town Manager 2021 Marketing Strategies and Success Discover Avon Website launched in May 2021 | $25,000 Marketing Spend •450 average monthly visitors; Colorado, Texas, California, Kansas, New York •2.62 page views per visit; 2 minute average visit duration El Puente Radio Sponsorship | $24,000 Marketing Spend Avon Community Survey | $12,500 Marketing Spend Parked or Parked Campaign –$5,000 Marketing Spend (plus video production) •August 2 –September 19, 2021 •Comcast TV Campaign targeting Denver | 25,176 Impressions | 97% viewed in full 2022 Marketing Recommendations Avon has not invested in marketing to the extent of many other ski resort towns. Staff does not foresee a benefit of making a drastic change or reduction to our marketing. Staff recommends ‘value’ messaging that includes heavy emphasis on climate action and socially/environmentally conscious themes. These recommendations and strategies do not include events marketing. Examples of Values Marketing Campaigns to execute in 2022 •Mi Casa Avon Program •E-bike Rebate Program •Avon Recreation Center Programming •Climate-focused messaging •Other suggestions (examples: Affordable housing partnerships; Fleet Maintenance service of public vehicles, etc. ) 2022 Marketing Strategies •Partnership with Vail Daily –marketing recreation programs weekly on Fridays in English and Spanish (approximately $2,000/month) •Continue partnership with local radio stations to advertise local initiatives (e-bike rebate, Mi Casa Avon, Recreation Center programs, Climate Action initiatives) (approximately $2,000/month) •Increase awareness and advertisement of ‘values’-based messaging through paid promotion within social media channels (approximately $1,000/month) Thank You 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Climate Action Collaborative Governing Board Update DATE: February 4, 2022 SUMMARY: This report provides an update on the Climate Action Collaborative Governing Board. The original formation of the Climate Action Collaborative was through a Letter of Intent in 2017, which described the Climate Action Collaborative and contemplated that the organization structure shall be established by a Memorandum of Understanding. The Town of Avon approved a Memorandum of Understanding to join the Climate Action Collaborative Governing Board in last summer, 2021. The CAC Governing Board met several times since last November. Current members include Eagle County and the Town of Avon, Basalt, Minturn, Red Cliff and Vail. Sarah Smith Hymes was nominated to be the Chairperson of this Governing Board for the first year and she graciously accepted. The CAC Governing Board decided to focus on the most impactful areas for greenhouse gas reduction. The top two areas for greenhouse gas emissions are vehicle travel and buildings. The CAC Governing Board acknowledged that the Regional Transportation Authority effort is progressing well so the initial focus is on building electrification. PRIORITY ELECTRIFICATION PROJECTS: The priority projects at this time include: 1. Adoption of 2021 Building Code (The 2021 Building Code is intended to include requirements that new construction are electric ready for solar panels, electric vehicle chargers, heating and appliances) [Avon adopted these requirements in early 2020.] 2. Electric Provider Referral (Development applications would require a referral to Holy Cross early in the development application review process) [Avon has amended its Development Application form to require this referral.] 3. Electric Vehicle Infrastructure Plan (A plan document for electric vehicle infrastructure would be adopted for each community and combining into a County wide plan) [Avon adopted an Electric Vehicle Infrastructure Plan in 2019, we are currently updating to reflect new and planned installation of electric vehicle chargers and to address transition of Avon fleet to electric vehicles.] 4. Benchmarking (Adoption of plan for benchmarking of building energy use, which is considered as a first step towards managing reduction of energy use for buildings. The Colorado legislature adopted benchmarking requirements for large buildings that will go into effect in several years.) 5. All-Electric Public Housing (Adoption of a Resolution by each community that states a commitment to build all electric public housing) [Avon is currently providing direction that the Swift Gulch housing would be all electric. A draft Resolution will be presented at an upcoming meeting of the Avon Town Council.] LINK TO PROJECT TIMELINES: Here is a link to Timelines for Priority Projects. ADDITIONAL TOWN PROJECTS: In addition to the priority projects identified by the CAC Governing Board, the Town of Avon is pursuing these building electrification projects in 2022: 1. Inventory of current built environment to determine gas or electric heat and appliances. (This is a duty of the Planner I position we are currently in the process of filling) Page 2 of 2 2. Inventory existing multi-family and commercial to determine deficiency in electric vehicle chargers compared to new electric ready code requirements. 3. Research and understanding of potential incentive programs to facilitate conversion of gas heat and appliances to electric. 4. Research potential incentives for installation of electric vehicle chargers at existing multi-family units. 5. Research and monitor regulations that disallow gas heat and appliances for new construction. 6. Organize and conduct a Building Electrification Expo on November 17, 2022 to facilitate awareness of costs and products for building electrification. 7. Development and implement program to encourage Avon properties to sign up for Holy Cross’s PURE Energy program that sources electric power from renewable resources. 8. Research investment in large scale battery infrastructure to support electric use during low rate periods and to support electric resiliency with public infrastructure. Thank you, Eric www.mountainlawfirm.com Glenwood Springs – Main Office 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Aspen 323 W. Main Street Suite 301 Aspen, CO 81611 Montrose 1544 Oxbow Drive Suite 224 Montrose, CO 81402 Office: 970.945.2261 Fax: 970.945.7336 *Direct Mail to Glenwood Springs DATE: February 3, 2022 TO: Avon Mayor and Council FROM: Karp Neu Hanlon, P.C. RE: Ordinance 22-03 Amending Section 15.08.160 of the Avon Municipal Code Regarding Issuance of Grading Permits. Background: Attached please find Ordinance No. 22-03 regarding Amending Section 15.08.160 of the Avon Municipal Code Regarding Issuance of Grading Permits. Due to several projects having been issued grading permits that did not continue forward to vertical development, Council directed staff to reevaluate the current grading permit process. The International Building Code (IBC) with local amendments has been adopted by the Town and controls the issuance and administration of not only building permits but grading permits. Per the Town Code the Town Engineer issues and administers grading permits. Working together the Town Manager, Attorney, Engineer, Community Development Director and Building Official, developed the attached modification to Appendix J of the IBC. The amendment provides that grading permits may only be issued in limited circumstances under which either very small amounts of material are being moved or when security is provided pursuant to either a Public Improvements Agreement or a Restoration and Security Agreement approved by Town Council. The inclusion of security requirements on larger grading permits will provide a mechanism whereby the Town can, if necessary, restore projects which have failed to move forward. Town Manager Recommendation: Town Manager recommends approval of Ordinance No. 2022- 03. Motion: “I move to approve Ordinance No. 2022-03 Amending Section 15.08.160 of the Avon Municipal Code to Prohibit the Issuance of a Grading Permit Without the Contemporaneous Issuance of a Building Permit.” Attachments: Ordinance 22-03 IBC Appendix J Ordinance 22-03 Amending Grading Permits Page 1 of 3 ORDINANCE 22-03 AMENDING SECTION 15.08.160 OF THE AVON MUNICIPAL CODE REGARDING ISSUANCE OF GRADING PERMITS. WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, pursuant to Ordinance No. 13, Series 2018 the Town duly adopted the International Business Code as amended by the Town’s local amendments; and WHEREAS, a local amendment codified at Avon Municipal Code § 15.08.160 provides for the regulation and permitting of grading permits; and WHEREAS, in certain circumstances some property owners have obtained grading permits without subsequently obtaining a building permit thus creating blighted and incomplete construction sites; and WHEREAS, the Town Council of the Town of Avon has determined that it is in the best interest of the Town of Avon to adopt an ordinance amending § 15.08.160 to prohibit the issuance of a grading permit the contemporaneous issuance of a building permit. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Chapter 15.08.160. Section 15.08.160 is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: 15.08.160 - Appendix J—Grading. Section J101.1, Scope, is amended by adding the following sentence: "Grading permits shall be permitted, regulated and enforced by the Town of Avon Engineer.” Ordinance 22-03 Amending Grading Permits Page 2 of 3 Section J103.1, Permits required, is amended by adding the following sentence: “No grading permit shall be issued unless: (1) a Public Improvement Agreement is approved by Town Council; or (2) a Site Restoration Security Agreement and Grading Plan is approved by Town Council; or (3) less than 100-cubic yards of material is excavated.” Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term " provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term " application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right , and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Ordinance 22-03 Amending Grading Permits Page 3 of 3 Section 7. Codification of Amendments. The codifier of the Town's Municipal Code, MuniCode is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on February 8, 2022, and setting such public hearing for February2 2, 2022, at 5:00 pm, or as soon thereafter as possible, at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk ADOPTED ON SECOND AND FINAL READING on __________. BY: ATTEST: ____________________________ ______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk APPROVED AS TO FORM: ____________________________ Karl J. Hanlon, Town Attorney AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Virtual format 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 were Amy Phillips, Scott Prince, RJ Andrade, Chico Thuon, Lindsay Hardy, and Tamra Underwood. Also present were Finance Department Director Scott Wright, 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: 00:01:03 Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince had audio difficulties and did not vote. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:02:12 Councilor Hardy recused from agenda item 5.5, Major Development Plan and Alternative Equivalent Compliance Application for East Harry A. Nottingham Park Improvements Project, as she works for Zehren and Associates. Interim Town Attorney Hanlon said Council has discussed this disclosure before, therefore no motion is needed. Mayor Smith Hymes and Councilor Underwood recused themselves from agenda item 5.2, Reimbursement of Mayor Smith Hymes and Councilor Underwood for Expenses Related to the Recall Election. Interim Town Attorney Hanlon said Council has discussed this disclosure before on every recall related item, therefore no motion is needed. 4. PUBLIC COMMENT Video Start Time: 00:04:46 Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1. ADOPTION OF 2022 REGULAR MEETING SCHEDULE (GENERAL GOVERNMENT MANAGER INEKE DE JONG) Video Start Time: 00:05:57 Mayor Smith Hymes said Council would like to meet in-person as much as possible. Town Manager Eric Heil said both meetings in August would be beneficial to discuss ballot issues, therefore July 12th would be a better option to take off. Councilor Prince and Councilor Thuon said they will be unavailable on July 12th. Rest of Council agreed on taking this date off. Mayor Pro Tem proposed to have hybrid meetings during school breaks and go virtual only if the Council Chambers is busy and no other location can be found to do hybrid. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Town Manger Eric Heil said he finds retreats very useful as longer discussions can be addressed in a more relaxed environment. Council discussed different options and agreed on doing a training retreat on February 9th 9:45 a.m.-12:00 p.m., a June retreat on June 3rd 12:00 p.m.-4:00 p.m., and Budget retreats on September 30th 9:00 a.m.-5:00 p.m. and October 28th 12:00 p.m.-4:00 p.m. Mayor Smith Hymes called for public comments and no public comments were made. General Government Manager Ineke de Jong will send the adopted 2022 meeting calendar to Council and get it posted on the Town’s website by end of week. 5.2. FIRST READING OF ORDINANCE NO. 22-01 AUTHORIZING THE REIMBURSEMENT OF MAYOR SMITH HYMES AND COUNCILOR UNDERWOOD FOR EXPENSES RELATED TO THE RECALL ELECTION HELD NOVEMBER 2, 2021 (TOWN ATTORNEY KARL HANLON) Video Start Time: 00:31:30 Mayor Smith Hymes and Councilor Underwood were recused, but Mayor Smith Hymes commented that the money requested for reimbursement has been examined by the Interim Town Attorney and she wanted Council and the community to understand that the cost for this recall goes far beyond the monetary costs listed in the memo, and said they are both self - employed and hundreds of hours were invested, away from their businesses and family, plus staff time. They then left the meeting turning their audio/video off at 5:34 p.m. Mayor Pro Tem Phillips took over this agenda item. Interim Town Attorney Karl Hanlon presented and explained that he reviewed the expenses and are all qualified for reimbursement. He said staff has no recommendation as it is purely a Council decision. Councilor Prince asked if there were any expenses that were not approved. Interim Town Attorney Karl Hanlon said no and that everything was well within statute. Mayor Pro Tem Phillips called for public comments and there were a few comments. Rich Carroll commented he is in support of the reimbursement and urged Council to pass this ordinance. He expressed that Council needs to support these two Councilors who went through financial and personal hardship and recognizes the stress they were put through and passing this ordinance is a sma ll thank you to them for continuing to serve. Kristi Ferraro commented she also support s the reimbursement and said Council should defend their fellow Councilors and have their backs and asked Council to please vote yes on both readings. Ruth Stanley commented that she wanted to mirror everything Rich Carroll said and expressed her concern is that for people who wants to run for future Council they know Council members will stay behind them. She said it would not be fair for these two Councilors to be responsible for those expenses as it should be a Town’s expense. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Brian Nolan commented that he echoes the last three comments and emphasize d the importance of this vote for future candidates which is as important as reimbursing the current Councilors. Councilor Hardy said that as a new Council member it is disheartening to walk in and see all this drama in the Town for these two hard workers and said she would not be able to pay recall expenses and that she is fully in support of this ordinance. Councilor Thuon moved to approve First Reading of Ordinance 22-01 Authorizing the Reimbursement of Mayor Smith Hymes and Councilor Underwood for Expenses Related to the Recall Election Held November 2, 2021 . Councilor Prince seconded the motion and the motion passed with a vote of 5 to 0. Mayor Smith Hymes and Councilor Underwood were recused. Mayor Pro Tem thanked Council for doing the right thing voting yes for this first reading ordinance. Mayor Smith Hymes and Councilor Underwood rejoined the meeting at 5:48 p.m. 5.3. APPEAL TO COUNCIL, PRIMARY RESIDENCE EXEMPTION 3078 WILDRIDGE ROAD #A (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 00:48:27 Finance Director Scott Wright presented and explained that there is no application as an email was received on November 11th, just a little bit over the time to file an exemption, and he responded to the applicant explaining that it was overdue. He explained timeframes and steps to be followed in this process. Mayor Smith Hymes asked if there should not be a deadline if Council will be granting exemptions and not honoring the deadlines and said real estate agents should be educated that this option exists in Avon. Councilor Hardy agreed. Council would like to address the language around auto-granting the appeal after 45 days for future issues. The applicant, Kate Shomaker, joined virtually to answer Council questions and expressed this is her primary residence and that this is where she wants to live. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Prince said we is in support of this appeal because the applicant missed the deadline by nine days only. Mayor Pro Tem Phillips moved to approve the Appeal for an Extension of Time to File an Application for Primary Residence Exemption for the Property Located at 3078 Wildridge Rd. #A. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.4. APPEAL TO COUNCIL , P RIMARY RESIDENCE EXEMPTION 5381 EAGLEBEND DRIVE (FINANCE DIRECTOR SCOTT WRIGHT) Video Start Time: 01:17:54 Finance Director Scott Wright presented and explained that the timeframe on this appeal is different as the property closed in November 2020 and the deadline was March 9, 2021 , missing the deadline by 10 months and that this is the second purchase of the applicant in Avon. He clarified the expenditure of the refund falls in a different budget year which is not an issue, but it needs to be recognized. Councilor Hardy mentioned that this applicant was an active registere d voter in our community for the 2020 elections. Mayor Pro Tem Phillips expressed she spoke to the applicant as a neighbor to make him aware of the R eal Estate Transfer Tax exemption and that this is not only for first time homebuyer s. The applicant, Kedar Gurjar, joined the meeting and thanked Council for addressing this appeal and expressed he is a local with no intention of leaving this town . Mayor Smith Hymes called for public comments and no public comments were made. Councilor Prince moved to deny the Appeal for an Extension of Time to File an Application for Primary Residence Exemption for the Property Located at 5381 Eaglebend Dr . Councilor Andrade seconded the motion and the motion failed with a vote of 2 to 5. Rest of Council members voted no. Town Manager Eric Heil suggested Council to approve this appeal tonight and he and Interim Town Attorney Karl Harlon will do some revisions to clarify the language, which may be the more effective use of staff time. Councilor Underwood moved to approve the Appeal for an Extension of Time to File an Application for Primary Residence Exemption for the Property Located at 5381 Eaglebend Dr . Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 1. Councilor Andrade voted no. 5.5. PUBLIC HEARING: MAJOR DEVELOPMENT PLAN AND ALTERNATIVE EQUIVALENT COMPLIANCE APPLICATION FOR EAST HARRY A. NOTTINGHAM PARK IMPROVEMENTS PROJECT (PLANNING DIRECTOR MATT PIELSTICKER AND PEDRO CAMPOS) Video Start Time: 01:54:41 Councilor Hardy was recused and left the meeting turning their audio/video off at 6:55 p.m. Planning Director Matt Pielsticker explained Council has reviewed this project several times . He said he included PZC recommended findings and conditions in the report as well as two different motions to be made tonight. Pedro Campos with Zehren and Associates joined and presented. Council discussed solar panels and Town Manager Eric Heil expressed solar should always be evaluated. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to approve Case #MJR21009 an Application for Major Development Plan for East Harry A. Nottingham Park Improvements, Based on the Findings and Including Conditions Outlined in Staff’s Report. Mayor Pro Tem seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused. Councilor Underwood move d to approve Case #AEC21009, an AEC application for Roof Design Variations for the East Harry A. Nottingham Park Improvements, Together with the Findings of Fact Outlined by Staff in the January 3, 2022 Report. Mayor Pro Tem seconded the motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused. Councilor Hardy rejoined the meeting at 7:21 p.m. 6. MINUTES 6.1. APPROVAL OF DECEMBER 14, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 02:20:47 Councilor Andrade moved to approve the minutes from the December 14th regular meeting as presented. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 7. WRITTEN REPORTS 7.1. EV Charging Station Program Update (Mobility Director Eva Wilson) 7.2. CDOT Bustang Transit Service Expansion (Mobility Director Eva Wilson) 7.3. Meeting Abstract from December 21, 2021 Planning and Zoning Commission Meeting (Planning Director Matt Pielsticker) 7.4. Appointments to Boards and Commissions (General Government Manager Ineke de Jong) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:21:46 Mayor Smith Hymes said she received several phone calls over the holidays about the Avon post office. She said that other towns of CAST are having even more extreme problems with their post office than in Avon and that a letter was sent from CAST to Senators Bennet and Hickenlooper. She mentioned a response was received from the USPS in December. Amy Phillips has offered to take the lead on contacting our house representatives about USPS issues. Mayor Pro Tem Phillips wanted to point out that the Eagle County commissioner candidates need to get involved and be aware that the Avon post office also services Beaver Creek, Bachelor Gulch, and Eagle Vail. Mayor Smith Hymes announced that the Climate Action Collaborative governing board has been meeting monthly to push climate action from legislative angles and they have identified four priority projects to focus on in 2022. She closed her comments informing Council that the RTA Formation Committee has hired a law firm to help with the formation and get the issue on the November ballot. Councilor Underwood thanked Mayor Smith Hymes for the enthusiastic work she does for the Town. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 11, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 9. EXECUTIVE SESSION Video Start Time: 02:29:05 9.1. Buffalo Ridge I: For the purpose of discussing property interest under C.R.S.§24-6-402(2)(a). 9.2. Upper Eagle River Water Authority Unification: For the purpose of receiving legal advice under CRS §24-6-402(2)(e) and for the purpose of determining negotiation positions under CRS §24-6- 402(2)(e) Mayor Smith Hymes requested a motion to proceed into Executive Session for the purpose outlined on the agenda. Mayor Pro Tem Phillips moved and Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. The time was 7:30 p.m. At the roll call, all members of Council were virtually present but Councilor Prince who joined right after at 7:35 p.m. Also present were Town Manager Eric Heil, Interim Town Attorney Karl Hanlon, Water Attorney Richard Mehren, and General Government Manager Ineke de Jong. Water Attorney Richard Mehren left the meeting at 8:31 p.m. The Executive Session started at 7:34 p.m. The Executive Session ended at 9:03 p.m. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:03 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 AVON REGULAR MEETING MINUTES TUESDAY JANUARY 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Virtual format 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 were Amy Phillips, Scott Prince, RJ Andrade, Chico Thuon, Lindsay Hardy, and Tamra Underwood. Also present were Engineering Manager Justin Hildreth, Planning Director Matt Pielsticker, 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: 00:00:31 Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Hardy 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: 00:01:04 Mayor Smith Hymes and Councilor Underwood recused themselves from agenda item 5.3 second reading of Ordinance 22-01 Reimbursement of Mayor Smith Hymes and Councilor Underwood for Expenses Related to the Recall Election. Interim Town Attorney Hanlon confirmed Council has discussed this disclosure before on every recall related item, therefore no motion is needed. 4. PUBLIC COMMENT Video Start Time: 00:01:42 Mayor Smith Hymes explained how to participate via video/audio, via telephone, or via email, and that this public comment section is intended for items not listed in the agenda and is limited to 3 minutes. No public comments were made. 5. BUSINESS ITEMS 5.1. WORK SESSION: DISCUSSION ON PROPOSED LAYOUT OF HARRY A. NOTTINGHAM PARK WEST COURTS (RECREATION DIRECTOR MICHAEL LABAGH) Video Start Time: 00:02:30 Recreation Director Michael Labagh joined the meeting and explained the different layout options presented in the packet and said option number 2 has been removed for consideration tonight. He said staff would like Council discussion and direction to proceed with. Councilor Underwood mentioned she is favor of improving the look of the porta-potties in that area. Mayor Pro Tem Phillips asked if any shade improvements are included. Recreation Director Michael Labagh said that will be a separate expense, but it has been considered. Councilor Thuon said number 4 is not an option for him as taking out a basketball court is not a great move for the community. Majority of Council agreed with his comment. Mayor Smith Hymes asked about the 8 feet of court added and the fencing, and she spoke on behalf of the tennis community as it is not as well organized as the pickleball community. She would like to see free/affordable youth tennis programs offered. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes called for public comments and several public comments were made: Bruce Aronow, Beaver Creek resident, said he plays both tennis and pickleball and said it would be a mistake to keep 3 tennis courts. He supports option 3. Mike Kieler, Eagle-Vail resident, said he is a pickleball enthusiast and ambassador for our area as it is an incredible sport and great to socialize. He supports option 3. Susan Coburn, Beaver Creek resident, said they moved here because of the recreation facilities offered in this town. She supports option 3. William Welch, Edwards resident, said he was a tennis player, converted to a pickleball player. He supports option 3. Sydney Pittman, former Avon resident, said she gets back in the summers to play pickleball with her friends. She supports option 3. Carolyn Swanepoel, Eagle-Vail resident, said there is a lot of money that comes in from pickleball players as it is a very social activity. She supports option 3. Robyn Landry, part-time Edwards resident, said she cannot wait to get back to town from Arizona in the spring to play pickleball. She supports option 3. Steve Hilbert, Edwards resident, thanked Council for the 4 original courts and giving the public a beginning of a new sport. He supports option 3. Mindy Feldman, Avon resident, expressed all pickleball players shop in Avon shops and pay sales taxes in Avon. She echoed all previous comments. Mayor Pro Tem Phillips thanked everyone who spoke to provide public comments and expressed support for kids’ tennis and pickleball programs. She supports option 3 with the 8 ft expansion, shading structures and benches. Councilor Underwood is in favor of option 3 with the 8 ft expansion to the east. She urged to consider the shade structure, benches, and improvements to the porta-potties on the outside of the courts area. Councilor Thuon is also in favor of youth programs for tennis and pickleball and supports option 1. He suggested to find space somewhere else for more courts instead of taking away what it is there now. Councilor Andrade liked Councilor Thuon’s ideas but for now he supports option 3. Councilor Prince supports option 3. Mayor Smith Hymes commented that the current 4 pickleball courts on 1 tennis court is not working and that 6 pickleball courts on 2 tennis courts are much better, so she supports option 3 but she expressed she does it with a heavy heart as she does not want to lose 1 tennis court. She said she hopes for great youth programming with free equipment. She supports shade structure on the courts. There was overall Council consensus to proceed with option 3. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 5.2. NOTICE OF AWARD: HARRY A. NOTTINGHAM PARK WEST COURTS REMODEL (ENGINEERING MANAGER JUSTIN HILDRETH) Video Start Time: 01:00:55 Engineering Manager Justin Hildreth presented the notice of awar d for the Nottingham Park West Courts Reconstruction Project and recommended to be awarded to RA Nelson in the amount of $1,190,655. He said the bid was advertised and only one bid was received. Councilor Thuon asked about the 2-year warranty in Town contracts. Councilor Underwood asked about the construction timeline and the liquidated damages. Councilor Prince asked if the bidder had any comment on the $1,500 per day. Councilor Underwood asked Recreation Director Michael Labagh to work with the school to discuss basketball options while the courts are closed during the renovation. Mayor Smith Hymes called for public co mments and no public comments were made. Councilor Prince said he is not comfortable with rebidding or going back to RA Nelson and having them revise the penalty schedule and said he supports the motion as written. Councilor Underwood commented she will make a motion to ask Interim Town Attorney Karl Hanlon to try to work with RA Nelson to improve the liquidated damage escalation clause but not mak e it a dealbreaker and not to rebid. Councilor Underwood moved to a uthorize issuance of notice of award for the Harry A. Nottingham Park West Courts Reconstruction Project to RA Nelson in the amount of $1,190,655 and a revise project budget to $1,300,188 with the request that the Interim Town Attorney Karl Hanlon work with the bidder contractor RA Nelson on an improved liquidated damage clause to hopefully include escalation within the liquidated damage s after 30 days of missed deadline . Councilor Hardy seconded th e motion and the motion passed with a vote of 7-0. 5.3. PUBLIC HEARING: SECOND READING OF ORDINANCE NO. 22-01 AUTHORIZING THE REIMBURSEMENT OF MAYOR SMITH HYMES AND COUNCILOR UNDERWOOD FOR EXPENSES RELATED TO THE RECALL ELECTION HELD NOVEMBER 2, 2021 (INTERIM TOWN ATTORNEY KARL HANLON) Video Start Time: 01:23:16 Mayor Smith Hymes and Councilor Underwood were recused and left the meeting, turning their audio/video off at 6:23 p.m. Mayor Pro Tem Phillips took over this agenda item. Mayor Pro Tem Phillips said there were no changes since first reading. There were no Council comments. Mayor Pro Tem Phillips called for public comments and Rich Carroll, Avon resident, thanked Council for their unanimous support on first reading and hopes for the same this evening on second reading. Councilor Andrade moved to approve Second Reading of Ordinance 22-01 Authorizing the Reimbursement of Mayor Smith Hymes and Councilor Underwood for Expenses Related to the Recall Election Held November 2, 2021. Councilor Prince seconded the motion and the motion passed with a vote of 5 to 0. Mayor Smith Hymes and Councilor Underwood were recused. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes and Councilor Underwood rejoined the meeting at 6:26 p.m. 5.4. OVERVIEW OF DEPARTMENT GOALS FOR 2022 (TOWN MANAGER ERIC HEIL) Video Start Time: 01:26:01 Town Manager Eric Heil walked Council through the department goals PPT presentation and commented department by department. He said Council can add/edit/delete /redirect any of these goals and give direction on priorities . He expressed that one of the top priorities right now is advertising recruitment, interviewing, and trying to fill out vacancies to work on these goals for the Town. Council provided several comments and directions, inclu ding: General Government: Councilor Underwood encouraged staff to look into HighFive Media fees and said her priority is goal #7. Mayor Pro Tem Phillips asked to add a goal to review exemption levels for Mi Casa and Real Estate Transfer Tax (RETT). Councilor Andrade expressed he prefers a business survey under goal #6. Mayor Smith Hymes asked to add an Avon recall ordinance and agreed there is a need to revisit RETT exemption levels. She would also like staff to work on strategies to fill the empty store fronts in our town core as it does not look good for the town. She would like to add a recycling ordinance as well and taking a look at climate action organizations. She suggested to add a historical monument launch and update/add the history section on the avon.org website. Councilor Prince said he would like to look into Wildridge covenants , maybe under Community Dev elopment, and parking management program under Mobility. Council expressed that priorities are #7, #6 and newly added goal of evaluating the RETT/Mi Casa exemptions. Mayor Pro Tem Phillips asked Town Manager Eric Heil to provide the document after the meeting to see the order of priorities. Finance: Mayor Pro Tem Phillips expressed to prioritize studying a Use Tax in the first half of the year so it can be discussed in time for the November ballot. She suggested to add an analysis on RETT exemptions. Councilor Underwood said she would like th e Finance Department to not lose the human touch element and suggested to add a goal about public service training. Town Manager Eric Heil explained this is a standard expectation that is already in place. Human Resources: No comments. Community Development: Mayor Pro Tem Phillips expressed she supports hiring a consultant for goal #2. Mayor Smith Hymes agreed with Councilor Prince to add the Wildridge covenants as a goal and add a goal to consider two or three short -term parking spaces near Road 779 for hikers. Recreation: Councilor Thuon asked for signs by the water park/Bob the Bridge and in Wildwood. Mayor Pro Tem Phillips asked to make sure to involve the Planning and Zoning Committee for goals #3, 5, and 7 to not make another mistake on putting a workout area where nobody likes it. She would like to add developing tennis and pickleball programs for kids in goal #6 . For goal #7, she suggested to get post COVID-19 financial analysis for 1 year before seeing what the recreational needs look like as they would look very different. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes expressed concern with the timing of the patron survey being so close at the, hopefully, ending of COVID -19. She also supported the kids’ programs . Councilor Underwood questioned goal #3 and said this goal should be s hifted to the Public Operations workplan where it is more appropriate and agreed with Mayor Pro Tem comment that goal #7 is not a priority at this point in time . For goal #6, s he would like to see expanded programs for wellness, meditation, board games tournaments, senior social type activities , etc. and not just hard-core activities. She is in favor of the Spanish program. Councilor Prince expressed support for goal #7 and encouraged Council to visit the Recreation Center at 6 p.m. and see how packed it is every day. Councilor Hardy inquired about the mall extension and connection, which Town Manager Eric Heil explained is covered in the CIP goals under the Engineering Department. Police: No comments Engineering: No comments. Public Oper ations: Mayor Pro Tem Phillips asked to add snow storage to goal #1 and add a new goal for enforcement of the noxious weed ordinance. For the demo garden she suggested to use the area between the courts and lower field by the Avon Elementary School. Councilor Hardy asked to add a goal to improve pedestrian safety on the bridge between Liftview and Sunridge and address the existing ice damming issues in that area , she said this should be a priority . Councilor Thuon suggested to install a cover on that bridge for safety, similar to the one in Beaver Creek , and maybe remove it and store it over the summer. Mobility: Councilor Underwood requested that under goal #7, staff should use this time to steward it rather than monitor it passively. Fleet: No comments. Town Manager Eric Heil said staff will review these goal s quarterly and provide Council status updates so Council can reevaluate priorities. Mayor Smith Hymes called for public comments and no public comments were made. 5.5. WORK SESSION: ART INSTALLATION ROUNDABOUT #4 (TOWN MANAGER ERIC HEIL) Video Start Time: 02:41:50 Town Manager Eric Heil introduced the topic and said that CASE Manager Danita Dempsey has a request for proposals ready to submit. He expressed that because of the prominence of the roundabout #4 location, Council could pick a theme of a contemporary issue to generate conversation every year . Councilor Andrade felt no need to "poke the bear". Councilor Thuon thought Council could "poke the bear" every other year and maybe consider this in 2023. Mayor Pro Tem Phillips said she personally loves the proposal presented and that she would limit the topics to climate change, quality water, etc. Councilor Thuon agreed with her comments and expressed that AVON REGULAR MEETING MINUTES TUESDAY JANUARY 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 "keeping it light" and "something chill" is nice also when you are driving by. Mayor Smith Hymes expressed that she is not sure it is going to necessarily be offensive to people even it has a theme that addresses water, or climate, or any of those sorts of topics . Councilor Prince preferred to leave it open and let the artist present ideas . Councilor Underwood loves having this conversation and expressed she would like to continue in baby steps and l et the program naturally evolve and re -assess in 5 years and maybe have something provocative then . She said if someone does not like the piece, let people know something new is coming in June, and keep people interested. She gave a big shoutout to CASE Manager Danita Dempsey for launching this entire program which is amazing. Councilor Hardy expressed she agrees with Councilor Underwood and Councilor Prince and wants to bring back the hollyhocks in that roundabout, along with the art . Overall Council co nsensus was to have this location be part of the overall program with the same rules but provide more direction on size. Town Manager Eric Heil said staff will offer twice the honorarium for this location. Mayor Smith Hymes called for public comments and no public comments were made. 6. MINUTES 6.1. APPROVAL OF JANUARY 11, 2022 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 02:54:18 Mayor Smith Hymes asked for an edit on item 5.1, she said it should read “she said she would like Council to meet in-person as much as possible.” Councilor Prince pointed out a misspelling and said that one concern was his vote on item 5.4, and he will go back and review the video. Mayor Pro Tem Phillips moved to continue the approval of the January 11, 2022 minutes until Councilor Prince can watch the recording to confirm his vote. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 7. WRITTEN REPORTS 7.1. Monthly Financials (Senior Accountant Joel McCracken) 7.2. Quarterly RETT Report (Accountant I Carly Fackler) 7.3. Mi Casa Avon Update (General Government Manager Ineke de Jong) 7.4. Draft January 18 Health & Recreation Committee Meeting Minutes (General Government Intern Emily Myler) 7.5. Meeting Abstract from the January 18, 2022 Planning and Zoning Commission Meeting (Planning Director Matt Pielsticker) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:58:55 Mayor Pro Tem Phillips expressed that fleet team is brilliant and does a fabulous job and to incentivize them to offload the obsolete inventory in such a way that it does not have to go to the landfill. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Hardy asked for status on the Short-Term Rentals analysis. Town Manager Eric Heil expressed he hopes to hire a Senior Planner soon to free up time for Planning Director Matt Pielsticker to attend to this study. She said she saw someone in Crested Butte with an Avon reusable bag, which was awesome to see. Councilor Underwood talked about the snow removal on Hurd Lane and thanked Operations Manager Gary Padilla and his team for their great job in a snow removal operation with 3 heavy-load vehicles in a residential neighborhood. She said it was a very impressive and a well-executed process. Councilor Thuon said kids normally sled on the hill behind his house but there was so much snow they could not, then Hugo with Public Operations came and moved the snow. He said he met a couple of snowplow drivers, and they go extra above and beyond keeping the roads clean and safe up in Wildridge. Mayor Smith Hymes has been involved in the past couple of weeks in RTA, water unification, and housing meetings and she expressed that staff is hard at work on the 2022 goals already. Councilor Andrade had to drop off for a work emergency at 8:06 p.m. 9. EXECUTIVE SESSION Video Start Time: 03:05:45 9.1. Kayak Crossing: For the purpose of discussing real property interest under C.R.S.§24-6-402(4)(a). Mayor Smith Hymes requested a motion to proceed into Executive Session for the purpose outlined on the agenda. Councilor Underwood moved and Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade left the meeting before voting. The time was 8:07 p.m. At the roll call, Councilors present were Lindsay Hardy, Chico Thuon, Scott Prince, Mayor Pro Tem Phillips and Mayor Smith Hymes. Also present were Town Manager Eric Heil, Interim Town Attorney Karl Hanlon and General Government Manager Ineke de Jong. Councilor Underwood joined just after the roll call at 8:15 p.m. Councilor Andrade joined at 8:27 p.m. The Executive Session started at 8:11 p.m. The Executive Session ended at 9:11 p.m. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:11 p.m. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 25, 2022 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 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, JANUARY 27, 2022 ZOOM CASE COMMITTEE MEETING MINUTES, 27 JANUARY 2022 PAGE 1 | 4 1. ROLL CALL Present- Committee Members: Committee Chair Lisa Mattis and Committee Members Pedro Campos, Chris Cofelice and Kathy Ryan, Thomas Walsh and Justin Chesney. Town Council: Mayor Pro Tem Amy Phillips and Town Council Member Lindsay Hardy Town Staff: Town Manager Eric Heil, Culture, Arts and Special Events Manager Danita Dempsey, General Government Manager Ineke de Jong and General Government Intern Emily Myler Absent- Committee Member Ruth Stanley The meeting was called to order at 12:32 p.m. 2. PUBLIC COMMENT No public comments were made. 3. STAFF UPDATE CASE Manager Dempsey asked for comments on adjustments to the 2022 Special Event Calendar and the Committee had none. She moved on to an update on Art Around Avon. She said the Town is working on adding art to 13 pedestals on Hoffman-owned properties as well as four on W. Benchmark Road in addition to the nine already in use this year. Town Council has decided not to move forward with art in roundabout #4 that “sparks conversation” or possible controversy. The Committee commented/inquired: A. Will the art currently in roundabout #4 be removed this year? CASE Manager Dempsey said all the Art Around Avon pieces are scheduled to be rotated out yearly. The request for proposal for the next piece in that location will include requirements with specific dimensions and larger scale to fill the space and properly match the prominence of the position in town. Town Manager Eric Heil joined the meeting at 12:35 p.m. Committee Member Kathy Ryan joined the meeting at 12: 37 p.m. Mayor Pro Tem Amy Phillips joined the meeting at 12:40 p.m. 4. CURRENT ACTIVITY Strategic Visioning CASE Manager Dempsey talked about the updated strategic planning document included in the Committee materials packet available at Avon.org. She asked the Committee to respond with suggestions for continued improvement before it is presented to Town Council. The document included a paired down purpose and vision statement, and four cornerstones and the near-term and long-term tactics to reach them. The updated plan includes the role of the Urban Renewal Authority in creating the right environment for art and events in Avon, as well as a list of accomplishments which support culture, arts and special events. The Committee commented/inquired: CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 27, 2022 ZOOM CASE COMMITTEE MEETING MINUTES, 27 JANUARY 2022 PAGE 2 | 4 A. The purpose and vision statement are succinct and to the point B. There should be mention that roundabout #4 is a keystone to the Art Around Avon project each year C. What did Council want for roundabout #4? D. Will CASE members be invited to the jury panel to select the new art? E. Signature events should be a top accomplishment in the list F. The last accomplishment is also a goal and that should be clear G. The last accomplishment is more regarding attracting and retaining multi-day events Mayor Pro Tem Phillips said Council approved a larger piece in roundabout #4. Council member Hardy said it seems like art in the roundabout can make more of a statement every once in a while. Mayor Pro Tem Phillips responded that the Council seems to prefer art that is beautiful and nice to look at over a conversation starter. CASE Manager Dempsey said she has enough direction to select appropriate art for the roundabout. She will invite CASE members to be a part of the selection panel for this year’s art. 10-Year Strategic Plan Town Manager Heil introduced the 10-Year Strategic Plan document included in the Committee Packet Materials available on Avon.org. He said the plan considers limitations in town such as use capacity for the grass at the venue and pushback from people who live nearby and experience disruptions from events. It is also the product of changing times and goals for the Town including impacts of COVID-19 on municipal capacity and changing values for tourism. The events outlined are close to maximizing the capacity of Harry A. Nottingham Park The Committee commented/inquired: A. How is the 10-Year Plan different from the Strategic Vision? B. This document should be something that the Town and Committee can benchmark to for many years to come rather than looking to explore. C. Is Bonfire Block Party planning to move forward this year with COVID-19 protocols? D. Is the budget enough for what Avon wants to do? E. Dancing in the Park seems like a teaser for the Dance Festival in Vail. Can Avon coordinate with them to make sure it gets what it pays for? F. The Art Expo seemed unsuccessful G. Can an event be added to the Birds of Prey weekend? H. Could the Fire and Ice event return? I. The Strategic Plan is something the Committee has been working towards for two years and is ready for Council J. A lot of sporting events in the park are economic drivers and shouldn’t be forgotten K. Which Town department supports the economic development related to sporting events? L. According to the Vilar, country music shows are very well attended and could be a genre to investigate M. The economic development events offer the community should be part of the accomplishments list in the Strategic Plan N. The Strategic Plan is well-rounded and caters to many types of attendees CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 27, 2022 ZOOM CASE COMMITTEE MEETING MINUTES, 27 JANUARY 2022 PAGE 3 | 4 O. The Town has spent money to bring in new populations, but some people aren’t going to come to an event and the Town should stop trying to attract them P. Maybe these populations could attend more events if Avon doesn’t stop trying to attract them Q. There is room for a new event in the fall/winter, maybe a Fire and Ice event, at a time where hotels have a slump R. Dancing in the Park could be fixed, but it attracts a different type of person from the usual music events S. A themed ice sculpture walk would be a great way to use the Park in winter T. The Plan is exciting to read and is a good culmination of the work the Committee has done CASE Manager Dempsey said the 10-Year Plan is the roadmap to achieve the Strategic Vision, which provides tangible steps to achieve the goals. The Plan does not leave much room for new opportunities or small, unexpected events, but maybe it’s not important to include in long-term planning. Bonfire Block Party is still planned for June in Eagle as of this time. She has already spoken with VVF to make sure Dancing in the Park is successful and is working with the Westin and producer of the Art Expo to explore using the Westin Plaza where it may be more successful. The CASE Department supports sporting events in planning and marketing for more impact and could be considered “signature” to Avon as well. Building out the winter season is the next step. It would also be helpful to create a timeline for events over the next ten years to guide Council decision-making in the long run. Town Manager Heil said the 10-Year Plan is more detailed and includes specific action items to move forward in achieving the Strategic Plan. He agreed that the Plan should serve as a clear roadmap for future work. There is a tradeoff between planning too large-scale vs. in detail. The budget seems reasonable and are flexible in this long-range plan. Sporting events are already great economic drivers that don’t require much more work from the Town. The summer event season is near full, but the winter is still open, and the Town could do more. 5. PLANNING CASE Manager Dempsey suggested the Committee continue to talk about a winter plan and then meet jointly with Council in March. Town Manager Heil said either March or April is a good time. It’s not vital to have a whole winter program planned out by then, but it would be nice to plan a couple new winter projects soon. Committee Chair Mattis said it would be helpful to dig into the 10-Year Vision more in the next meeting. There is a lot to discuss regarding winter planning. 6. CLOSING COMMENTS Committee members up for reappointment made statements about their intent to reapply. Committee Member Cofelice thanked the Committee and congratulated it on its effectiveness during a difficult time. He’s grateful to his peers’ opinions and while he won’t be returning to the Committee, he looks forward to attending Avon events in the future. Committee Member Campos has applied to return to his seat for a new term and is excited to see the work through while balancing the value of bringing in new perspectives. Committee Member Ryan said Avon’s demographics are changing and she isn’t sure how she can personally address these changes and support the Community. She expressed that she loves the group and is very impressed with its work. CASE COMMITTEE MEETING MINUTES THURSDAY, JANUARY 27, 2022 ZOOM CASE COMMITTEE MEETING MINUTES, 27 JANUARY 2022 PAGE 4 | 4 5. ADJOURNMENT The meeting adjourned at 1:47 p.m. Respectfully submitted by: Emily Myler General Government Intern _______________________________________________________________________________ 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, FEBRUARY 1, 2022 100 MIKAELA WAY – AVON TOWN HALL - TOWN COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER AT 5:07PM BY CHAIRPERSON BARNES. A ROLLCALL WAS TAKEN, AND ALL COMMISSIONERS WERE PRESENT EXCEPT FOR COMMISSIONER NUSBAUM. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL, INTERIM TOWN ATTORNEY KARL HANLON, AND PLANNING DIRECTOR MATT PIELSTICKER. 2. APPROVAL OF AGENDA ACTION: THERE WERE NO CHANGES PROPOSED TO THE AGENDA. COMMISSIONER GOLEMBIEWSKI MOTIONED TO APPROVE THE AGENDA AS DRAFTED. THE MOTION WAS SECONDED BY COMMISSIONER LAND, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS COMMISSIONER MACALLISTER DISCLOSED A CONFLICT WITH ITEM 5, AS HIS TEAM SUBMITTED A LETTER OF INTENT TO CONSTRUCT THE PROJECT. ACTION: COMMISSIONER BARNES MOTIONED TO ACCEPT THE TWO CONFLICTS OF INTEREST. THE MOTION WAS SECONDED BY COMMISSIONER GOLEMBIEWSKI, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY. 4. 3770 EAGLEBEND DR / MAJOR DEVELOPMENT PLAN - PUBLIC HEARING – EXTERIOR MODIFICATIONS INCLUDING CARPORT AND ADDITIONAL LIVING SPACE . (PLANNING DIRECTOR MATT PIELSTICKER AND ARCHITECT ERIC JOHNSON). PUBLIC COMMENTS : NONE ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE APPLICATION WITH THE FOLLOWING FINDINGS: 1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.080, DEVELOPMENT PLAN, AND THE DESIGN MEETS THE DEVELOPMENT STANDARDS ESTABLISHED IN THE AVON DEVELOPMENT CODE; 2. THE APPLICATION IS COMPLETE; 3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW THE PZC TO DETERMINE THAT THE APPLICATION COMPLIES WITH THE RELEVANT REVIEW CRITERIA; 4. THE APPLICATION COMPLIES WITH THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN; 5. THE DEMAND FOR PUBLIC SERVICES OR INFRASTRUCTURE EXCEEDING CURRENT CAPACITY IS MITIGATED BY THE APPLICATION; AND 6. THE DESIGN RELATES THE DEVELOPMENT TO THE CHARACTER OF THE SURROUNDING COMMUNITY. COMMISSIONER GOLEMBIEWSKI SECONDED THE MOTION AND ALL COMMISSIONERS WERE IN AGREEMENT. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE. _______________________________________________________________________________ 2 5. 1782 SWIFT GULCH RD / ALTERNATIVE EQUIVALENT COMPLIANCE – PUBLIC HEARING – VARIATIONS TO PUD DESIGN REQUIREMENTS FOR DUAL-BRAND HOTEL PROJECT: ROOFING AND SIDING (PLANNING DIRECTOR MATT PIELSTICKER AND ARCHITECT JON HANES) PUBLIC COMMENTS : NONE ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE APPLICATION WITH THE FOLLOWING FINDINGS: 1. THE APPLICATION WAS REVIEWED PURSUANT §7.16.120 ALTERNATIVE EQUIVALENT COMPLIANCE, AND THE APPLICATION IS COMPLETE WITH SUFFICIENT INFORMATION TO ALLOW PZC TO DETERMINE THAT IT COMPLIES WITH THE RELEVANT REVIEW CRITERIA; 2. THE ALTERNATIVE BUILDING MATERIALS ACHIEVE THE INTENT OF THE DESIGN STANDARDS TO THE SAME OR BETTER DEGREE THAN THE SUBJECT STANDARDS BECAUSE: a) ASPHALT SHINGLES ARE HIGH QUALITY, DURABLE MATERIALS THAT COMPLIMENT LOWER METAL ROOFING, WHILE PROVIDING ARCHITECTURAL DETAILING AT HIGHER REACHES OF THE BUILDING, AND b) THE PROPOSED CEMENTITIOUS SIDING DOES NOT INCLUDE ASBESTOS AND MEETS THE LRV STANDARDS IN THE PUD GUIDE; 3. THE ALTERNATIVE EQUIVALENT COMPLIANCE ACHIEVES THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN, INCLUDING BUT NOT LIMITED TO GOAL C.1 AND POLICY C.1.3; AND 4. THE APPLICATION RESULTS IN BENEFITS TO THE COMMUNITY THAT ARE EQUIVALENT TO COMPLIANCE WITH THE SUPPLEMENTAL HOTEL DESIGN STANDARDS. COMMISSIONER GOLEMBIEWSKI SECONDED THE MOTION AND ALL COMMISSIONERS WERE IN AGREEMENT. THE MOTION PASSED UNANIMOUSLY WITH A 4-0 VOTE. COMMISSIONERS LANIOUS AND MACALLISTER DID NOT PARTICIPATE. 6. CONSENT AGENDA 6.1. APPROVAL OF MINUTES FROM JANUARY 18, 2022 PZC MEETING 6.2. RECORD OF DECISION AND FINDINGS OF FACT FOR VAR21001, VARIANCE AT 3770 EAGLEBEND DRIVE ACTION: COMMISSIONER LANIOUS MADE A MOTION TO APPROVE THE CONSENT AGENDA, AS DRAFTED. COMMISSIONER MACALLISTER SECONDED AND ALL COMMISSIONERS WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE. COMMISSIONER GOLEMBIEWSKI HAD LEFT THE MEETING PRIOR TO ITEM 6.CONSENT AGENDA. 7. STAFF UPDATES 8. ADJOURN THE MEETING WAS ADJOURNED AT 6:14PM. THIS MEETING SUMMARY IS ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING . T HEY 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 AUD IO RECORDING OF THE MEETING , WHICH CAN BE OBTAINED FROM THE T OWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST . RESPECTFULLY SUBMITTED: MATT PIELSTICKER, PLANNING DIRECTOR 970-390-2280 Aisaacson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Drew Isaacson, Assistant Public Operations Manager RE: Vactor Truck Procurement Update DATE: 2/2/2022 SUMMARY: The Public Operations department has not historically had the equipment necessary to maintain our stormwater infrastructure in a timely manner. As a result, we have had to divide the system into 5 sections and complete 1 section annually. The procurement of this equipment will allow us to complete the entire system annually, better preparing us for our next large rain/debris event. These are likely to be more frequent in the coming years as a result of the removed vegetation stemming from the first event. BACKGROUND: At the 2021 Council retreat, the procurement of a Vactor truck (sewer jetting/vacuum truck) was presented as part of the Public Operations (then Public Works) 2022 proposed budget. The need for this equipment has long been there, but the implications of not having it were highlighted during the June 2021 Mudslide event. The Town Council was in favor of this purchase and funds were approved as part of the adopted 2022 budget. FINANCIAL CONSIDERATIONS: The adopted 2022 budget includes $419,890 in the 100-413-66499 line item. These funds are based on an August 2021 quote from the manufacturer. As is typical of these quotes, it was valid for 30 days and needed to be re-quoted. In line with the current rate of inflation, we are seeing an approximate 8% increase in the cost of this unit. The updated unit cost is $456,915. The current quote (Attachment A) is valid through February 17th, 2022. RECOMMENDATION: It is recommended that the Town Council approve a forthcoming budget amendment towards this procurement in the additional amount of $37,025. OPTIONS: If the proposed increase is not approved, the Public Operations department will continue maintaining only 20% of our system each year. This is likely to contribute to higher costs and longer time frames when responding to these water/debris events. Thank you, Drew Isaacson ATTACHMENTS: Attachment A: Vactor Truck Quote (valid through 2/17/2022) We are pleased to quote prices on the following Vactor 2100i Combination Sewer Cleaner on the Freightliner 114SD Single Axle Chassis. Vactor 2100i Combination Sewer Cleaner with a 16" Positive Displacement Blower and 10 Cubic Yard Debris Tank and to include the following equipment: Long Handle Tool Storage Toolbox, Behind Cab - 14w x 36h x 96d Toolbox, Driver Side Subframe, 18w x 24h x 24d Module Paint, DuPont Imron Elite - Sanded Primer Base Vactor 2100i Body Decal, Standard Hose Wind Guide (Dual Roller), Auto, Indexing with Pinch Roller High Pressured Hose Reel Rodder Pump Drain Valves Mud Flaps Front Hose Reel Storage Rear Directional Control, LED Arrowstick Waterproof, Rechargable, Wireless, Handheld, LED Spot Light w/12V Charger and Plug 14 Light Package, 14 Federal Signal Strobe Lights, LED LED Mid-Ship Turn Signals Worklights (2), LED, 10 x 15 RDB Worklight, LED, Operators Station Worklight, LED, Hose Reel Manhole Hose Reel Wrapped for Delivery Camera System, Front and Rear Safety Cone Storage Rack - Post Style 80 GPM/2500 PSI Drew Isaacson January 17, 2022 Ex-Ten Steel Cylindrical Debris Tank Handgun Assembly w/35' x 1/2" Hose w/Quick Disconnects Double Acting Hoist Cylinder 10' Leader Hose 1" Nozzle Pipe Suction Tube Storage - 2 Pipe Proposal 48w x 22h x 24d Curbside Toolbox 1 Lake Street Requested Options: Dear Drew: Final Filter and Silencer Ball Valve Drains Dual Stainless Steel Float Shut Off System Electric/Hydraulic Four Way Boom Flat Rear Door w/Hydraulic Locks Town of Avon Avon, CO, 81620 Tachometer/Chassis Engine w/Hourmeter Water Pump Hour Meter (3) Nozzles with Carbide Inserts w/Rack Flexible Hose Guide Microstrainer Prior to Blower Debris Body Vacuum Relief System Cyclone Washout System RDB Washout Coupling Heavy Duty RDB Hose 1000 Gallons STD Intuitouch Electronic Package Debris Deflector Plate Hydraulic Extending 15", Rotating Hose Reel, 1" x 800' Capacity Hydraulic Tank Shutoff Valves Bellypack Wireless Controls with hose reel controls, 2-way communications, and LCD Display Rotatable Boom Inlet Hose, 10 x 15 RDB Anti Splash Valve High Pressure Couplers, Front and Rear Hydro Excavation Kit - Includes Lances, Nozzles, Storage Tray, and Vacuum Tube Digital Debris Body Level Indicator 180 deg. 10' x 15' Rapid Deployment Boom Aluminum Fenders Page 1 of 2 By: Date Quote #: Mounting on Freightliner Chassis Vactor/Guzzler Logos - Applied Vactor Standard Manual and USB Version - 1 + Dealer 1 Printed Full Vactor Manual (1) 7" x 36" Higbee Catch Basin Nozzle Chassis Modifications Charges Terms: Estimated Delivery: None To be determined at time of the order. $6,250.00 Net 30 days after receipt of the order. Trade-In VA-2100-AVON-17-011722 Scott Madsen Environmental Product Manager Town of Avon Cell Phone # e-mail Address: 720-572-1565 Thank you for the opportunity of quoting this equipment. Sincerely, FARIS MACHINERY COMPANY scott.madsen@farismachinery.com Additional Options to Consider: Additional Terms and Conditions • All Prices are firm for 30 days from the date of the quote, subject to prices increases by the manufacturer. • If financed, order is subject to credit approval. • Special order equipment may require a down payment prior to order being placed with the manufacturer. • Unless other wise noted, prices do not include state or local taxes. 2023 Freightliner 114SD Single Axle Chasis per Attached Spec. Sheet All-Star Nozzle Kit including Magnum Warthog Price FOB Avon, CO-------------------------------------------------------------------------------------------------$456,915.00 This order is not binding until accepted by Faris Machinery Company, and is subject to terms and conditions set forth by Faris Machinery Company. No additional conditions, agreements or modifications to the terms herein shall be accepted by Faris Machinery Company. Page 2 of 2