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TC Packet 03-22-2022_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES 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 DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, March 22, 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 SITE WALK – McGrady Acres 4:15 PM (No Action Will Be Taken) AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:05 PM 1.CALL TO ORDER AND ROLL CALL 5:05 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. Work Session: Avon Parking Management Plan (Chief Mobility Officer Eva Wilson) (30 Minutes) 5:15 5.2. Public Hearing: Resolution 22-01, A Resolution for Preliminary Subdivision Application, Lot 3 and Lot 6, McGrady Acres Subdivision (Planning Director Matt Pielsticker) (30 Minutes) 5:45 5.3. Employee Housing Mitigation Plan for McGrady Acres Subdivision (Planning Director Matt Pielsticker) (15 Minutes) 6:15 5.4. Ord No. 22-04 Consolidation of General Government, Human Resources and Finance Departments (Town Manager Eric Heil) (15 Minutes) 6:30 5.5. Prater Lane License Agreement Request (Town Manager Eric Heil) (15 Minutes) 6:45 5.6. Public Hearing: Second Reading of Ordinance 22-03 Amending Avon Municipal Code Section 15.08.160 Regarding Grading (Town Attorney Karl Hanlon) (15 Minutes) 7:00 5.7. Professional Design Services Contract for Swift Gulch Housing Project (Planning Director Matt Pielsticker) (5 Minutes) 8:00 5.8. Notice of Award for Bus Shelters (Engineering Manager Justin Hildreth) (5 Minutes) 8:10 5.9. Work Session: Emergency Notification System for the Northern Hillside (Planning Director Matt Pielsticker) (15 Minutes) 8:15 5.10. Resolution 22-04, Authorization for Town Manager to sign Holy Cross Energy Underground Right-Of-Way Easement and Trench, Conduit, and Vault Agreement on Tract G, Benchmark at Beaver Creek Subdivision (Engineering Manager Justin Hildreth) (5 Minutes) 8:30 6.MINUTES 6.1. Approval of March 8, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) (5 Minutes) 8:35 7.WRITTEN REPORTS 7.1. March 15, 2022 PZC Meeting Abstract (Planning Director Matt Pielsticker) _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG MEETING NOTICES 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 DEPUTY TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 7.2. Avon Wastewater Facility Nutrient Upgrades Project- 1041 Permit Annual Report (Planning Director Matt Pielsticker) 7.3. Monthly Financial Report (Finance Manager Joel McCracken) 7.4. Summer Camp Admissions (Recreation Director Michael Labagh) 7.5. Rail Road Bridge Sign Guidelines (Town Manager Eric Heil) 7.6. Construction Project Sign for Harry A. Nottingham Park West Park Improvements (Town Engineer Justin Hildreth) 7.7. Flood Mitigation Homeowners Association Recommendations (Town Engineer Justin Hildreth) 7.8. Events Update (CASE Manager Danita Dempsey) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:40 9. EXECUTIVE SESSION 9.1. Kayak Crossing Affordable Housing Property: pursuant to CRS § 24-6-402(4)(a)(b) and (e) for a conference with the Town Attorney for the purpose of discussing property interest, receiving legal advice on specific legal questions and for determining positions relative to matters that may be subject to negotiations specifically related to the Kayak Crossing Affordable Housing property. (35 Minutes) 8:55 9.2. Six Month Review of Interim Town Attorney: pursuant to CRS § 24-6-402(4)(e) for determining positions relative to matters that may be subject to negotiations. (30 Minutes) 9:30 10. ADJOURN 10:00 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE AGENDAS • Approval Tract Y Development Agreement • Northside Kitchen License Agreement Extension • Short-Term Rental Analysis • Presentation: Municipal Broadband Study Results • Work Session: Village at Avon Transit • Green House Gas Investment Matrix (Town Manager Eric Heil) AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, MARCH 22, 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 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .] 5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT 5:00 5.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER EVENT: DRINKERING & TINKERING DATE AND TIME: 6:30 PM – 8:30 PM ON APRIL 21, JUNE 25, AUGUST 25, OCTOBER 13, AND DECEMBER 15, 2022 LOCATION: 318 WALKING MOUNTAINS LANE TYPE: SPECIAL EVENT PERMIT MANAGER: SCOTT DUNN 6. PUBLIC HEARING FOR CHANGE OF MANAGER AND RENEWAL 6.1. APPLICANT: VISTANA COLORADO MANAGEMENT INC D/B/A SHERATON MOUNTAIN VISTA LOCATION: 160 WEST BEAVER CREEK BLVD. TYPE: HOTEL & RESTAURANT NEW MANAGER: JESSE CARL LARSON 7. APPROVAL OF THE MINUTES FROM JULY 13, 2021 LIQUOR LICENSING AUTHORITY MEETING (5 Minutes) 5:05 8. WRITTEN REPORT 8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) 9. ADJOURNMENT 5:05 970-748-4001 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Liquor Licensing Authority Secretary RE: PUBLIC HEARING for Special Event Permit Application - Drinkering & Tinkering DATE: March 14, 2022 SUMMARY: The Walking Mountains Science Center, as the Applicant, is applying for malt, vinous, spirituous liquor permit to serve/sell beverages at the Drinkering & Tinkering special event on April 21, June 23, August 25, October 13, and December 15, 2022 . The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Documents are on file in the Town Clerk’s office. The 318 Walking Mountains Lane premise has been posted with notice of the public hearing for this application. The event manager will be present to answer question about the application. The Applicant has adequate proof of commercial liability insurance that meets Town requirements and has obtained any other permit needed for this event. Background checks show no previous failure by the Applicant to comply with Special Event Permit laws and fewer than 15 special event permits issued to the Applicant this calendar year. BACKGROUND: Special events permits are issued by the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Avon has adopted the local option whereby applications are made directly to the Avon Local Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. An entity may receive a maximum of 15 special event permits per calendar year. There is no required finding for the issuance of a special event permit. Section 44-5-106, C.R.S., states the grounds for denial of a special event permit application as follows: “The state or local authority may deny the issuance of a special event permit upon the grounds that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community, or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws.” ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit Applicat ion for the upcoming Drinkering & Tinkering special event. A public hearing is required before final action is taken. Please note that the Walking Mountains Science Center is acting as the Applicant for this permit. Applicant Name: Walking Mountains Science Center Event Name: Drinkering & Tinkering Event Date: April 21, June 23, August 25, October 13, and December 15, 2022 6:30 p.m. – 8:30 p.m. Location: 318 Walking Mountains Lane Event Manager: Scott Dunn Permit Type: Special Events Permit -Malt, Vinous & Spirituous Liquor Page 2 of 2 PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit application for the Drinkering & Tinkering special event on April 21, June 23, August 25, October 13, and December 15, 2022 from 6:30 p.m. to 8:30 p.m.” Thank you, Brenda SPECIAL EVENTS PERMIT APPLICATION ATTACHMENTS: The Applicant for the special event permit has submitted the following materials: ✓ Attachment A: Application for a Special Event Permit (State form DR 8439) ✓ Attachment B: Alcohol Management Plan ✓ Attachment C: Diagram where liquor will be served Attachment A Alcohol Management Plan Walking Mountains Science Center is introducing a new community program series called Drinkering & Tinkering. This series will be held for 5 sessions in 2022 on the dates of April 21st, June 23rd, August 25th, October 13th & December 15th from 6:30- 8:00PM. This workshop and happy hour for community members will explore creative ways to reuse and recycle household items. The program will be held on the Walking Mountains campus at the Frechette Field Studies Base Camp Building (see designated building on map). The program will require advance registration and has a limited capacity of 30 people maximum. Upon check-in, IDs will be checked and each participant will receive two drink tickets to redeem at the bar. Thanks to generous donations, the drink tickets will be free of charge to participants. No outside alcohol will be permitted and consumption will only be allowed within the footprint of the Frechette Field Studies Base Camp Building classrooms. Each participant will be limited to two drinks total and snacks will be provided. Alcohol will be served by TIPS trained Walking Mountains staff members. A TIPS Training session is scheduled for April 14th 2022 for any staff member who will work the series in need of certification. Attachment B Walking Mountains Science Center Avon Campus “Drinkering & Tinkering” Special Event Series April 21st, June 23rd, August 25th, October 13th & December 15th 2022 Designated Event Area: The Drinkering & Tinkering community event series will be held in Building B, Frechette Field Studies Base Camp Building, on Walking Mountains Campus (pictured and circled above). Attachment C 970-748-4001 btorres@avon.org TO: Liquor Licensing Authority FROM: Brenda Torres, Liquor Licensing Authority Secretary RE: Change of Manager and Renewal Liquor License Application DATE: March 14, 2022 SUMMARY: Town Council acting as the Local Liquor Licensing Authority is asked to consider the Report of Changes Application for Change of Manager and the Liquor License Renewal application, including the new manager, for Vistana Colorado Management INC d/b/a Sheraton Mountain Vista . BACKGROUND: The Report of Changes form is used when “manager” changes occur; the applicant completed a Report of Change form section 8. Once approved by the local authority, the application is forwarded to the Colorado Liquor Enforcement Division for its approval. Jesse Carl Larson, new manager, has been invited to attend the Liquor Board meeting to answer any questions. The Municipal Code Section 5.08.150 (c), requires background checks on all managers : When the licensee desires to change the manager of his or her establishment, or, in the case of multiple managers, to add another manager, the prospective manager must present himself or herself to the Town Police Chief for the taking of fingerprints and the necessary background information, as well as the completion of forms required by the Town Clerk or Police Chief. Additionally, a copy of the written agreement under which the manager proposes to operate must be filed with the Town Clerk and the State Liquor Enforcement Division. The Town Clerk may approve a change in manager(s) if there is no criminal activity indicated on the criminal background check. The Town Clerk may refer any manager modification application to the Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative approval o f modification of manager applications shall be reported to the Avon Town Council. A background investigation has been completed by the Avon Police Department , the Colorado Bureau of Investigation, and the Federal Bureau of Investigation. Background check reports have been provided to the Liquor Licensing Authority Board. PROPOSED MOTION: I move to approve (or deny stating the reasons for denial) the Report of Changes Application for Change of Manager and the Liquor License Renewal Application, including the new manager, for Vistana Colorado Management INC d/b/a Sheraton Mountain Vista. Thank you, Brenda. APPLICATION ATTACHMENTS: The Applicant has submitted the following materials: ✓ Attachment A: Application for Report of Changes (State form DR 8442) ✓ Attachment B: Individual History Record (State form DR 8404-I) ✓ Attachment C: Application for Liquor License Renewal (State form DR 8400) Attachment A Attachment B Attachment C AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JULY 13, 2021 SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM) 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in person, as well as in a virtual format, via Zoom.us. Chairwoman Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Amy Phillips, Scott Prince, Lindsay Hardy, and RJ Andrade. Chico Thuon was virtually present. Tamra Underwood was absent. Also present were Town Attorney Paul Wisor, Deputy Police Chief Coby Cosper, Human Resources Director Lance Richards, General Government Manager Ineke de Jong, and Secretary Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:25 Vice Chairwoman Philips moved to approve the liquor authority agenda as presented. Board member Hardy seconded the motion and the motion passed with a vote of 6 to 0. Board member Underwood was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS No conflicts of interest were disclosed. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:00:58 Chairwoman Smith Hymes asked for public comments by anyone present in person or virtually. No public comments were made. 5. PUBLIC HEARING FOR A NEW H&R LIQUOR LICENSE APPLICATION Video Start Time: 00:01:29 5.1. APPLICANT: MEZZO LLC D/B/A FATTORIA LOCATION: 48 E BEAVER CREEK BLVD. UNITS 105, 106, 107, AND 108 TYPE: HOTEL & RESTAURANT (CITY) OWNERS: NOAH BENDER & JAMES PAVELICH Owner Noah Bender and Manager Steve Shellman were present and answered questions from Board members. Chairwoman Smith Hymes asked for public comments and no public comments were made. Vice Chairwoman Philips moved to approve the new liquor license for Mezzo LLC d/b/a Fattoria. Board member Hardy seconded the motion and the motion passed with a vote of 6 to 0. Board member Underwood was absent. 6. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMITS Video Start Time: 00:06:18 6.1. APPLICANT NAME: CIRCUS MENTORS INC. EVENT: FLYNN CREEK CIRCUS DATES AND TIMES: AUG. 13, 2021 3:00–9:00PM, AUG. 14, 2021 12:00–9:00PM, & AUG. 15, 2021 12:00–6:00PM LOCATION: NOTTINGHAM PARK 1 LAKE ST. TYPE: SPECIAL EVENT PERMIT MANAGER: GINA HALLISEY AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JULY 13, 2021 SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM) Event Manager Blaze Birge was virtually present and answered questions from Board members. Chairwoman Smith Hymes asked for public comments and no public comments were made. Vice Chairwoman Philips moved to approve the special event liquor permit for Circus Mentors Inc. “Flynn Creek Circus” for the dates of August 13th, August 14th, and August 15th. Board member Hardy seconded the motion and the motion passed with a vote of 6 to 0. Board member Underwood was absent. 6.2. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER EVENT: A TASTE OF NATURE DATE AND TIME: AUG. 5, 2021 5:00-11:00PM LOCATION: 318 WALKING MOUNTAINS LANE TYPE: SPECIAL EVENT PERMIT MANAGER: KATHERINE BRENNAND Event Manager Katherine Brennand was virtually present and answered questions from Board members. Chairwoman Smith Hymes asked for public comments and no public comments were made. Vice Chairwoman Philips moved to approve the special event liquor permit for Walking Mountains Science Center “A Taste of Nature” for August 5th, 2021. Board member Hardy seconded the motion and the motion passed with a vote of 6 to 0. Board member Underwood arrived at 5:10 pm, therefore she did not vote. 7. APPROVAL OF THE MINUTES FROM JUNE 22, 2021 MEETING Video Start Time: 00:11:51 Vice Chairwoman Philips moved to approve the liquor license meeting minutes for Tuesday, June 22, 2021. Board member Hardy seconded the motion and the motion passed with a vote of 7 to 0. 8. WRITTEN REPORT 8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS 9. ADJOURNMENT The Avon Liquor Authority meeting adjourned at 5:12 p.m. These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority 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. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JULY 13, 2021 SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM) RESPECTFULLY SUBMITTED: ____________________________________ Brenda Torres, Secretary APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade (970) 748-4001 btorres@avon.org AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Liquor Licensing Authority Secretary Date: March 14, 2022 Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for administrative approval include that the application is complete, there is no new criminal activity on the background and there are no liquor code violations during the last year. Renewals require notice to be posted for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer the application to the Avon Town Council. The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating back to July 13, 2021, the Town has received 24 Renewal Applications, and 1 Transfer of Ownership Application, that have met all the requirements for administrative review and approval and were ultimately approved by the Town Clerk. No comments, complaints, or request for hearings were received. They are as follows: Renewals: Applicant: Y&Z2 LLC d/b/a Nozawa Sushi & Kitchen Location: 240 Chapel Place, Suite B-115 Type: Hotel and Restaurant (City) Manager: Yong Hu Yuan Applicant: Look Ma Enterprises LLC d/b/a Loaded Joe’s Location: 82 East Beaver Creek Blvd. Suites 104 & 109 Type: Hotel and Restaurant (City) Manager: Brandt Olsen Applicant: Dillon Companies, LLC d/b/a City Market #26 Location: 72 Beaver Creek Place Type: Fermented Malt Beverage Off Premises (City) Manager: Pavel Pavlov Applicant: R&E Enterprise LLC d/b/a Gondola Pizza Location: 240 Chapel Place #113 Type: Hotel and Restaurant (City) Manager: Claudiu Popa (970) 748-4001 btorres@avon.org Applicant: Chair Four LLC d/b/a VIN 48 Location: 48 East Beaver Creek Boulevard Type: Hotel and Restaurant (City) Manager: Collin Baugh Applicant: Pazzo’s West Inc. d/b/a Pazzo’s Pizzeria Location: 82 East Beaver Creek Boulevard Type: Hotel and Restaurant (City) Manager: Mark Colwell Applicant: Suncor Energy Sales Inc. d/b/a Shell Location: 47 Nottingham Road Type: Fermented Malt Manager: Anakut Loya Applicant: Krusen Inc. d/b/a Avon Liquor Location: 100 West Beaver Creek Boulevard Type: Liquor Store (City) Manager: Brian Kruse Applicant: Vail Valley Mexican Foods LLC d/b/a Agave Location: 1060 East Beaver Creek Type: Hotel and Restaurant (City) Manager: Richard Wheelock Applicant: WVO Licensing LLC d/b/a Wyndham Resort at Avon Location: 75 Benchmark Road Type: Resort Complex (City) Manager: Pete Reyes Applicant: Avon Properties Leasing, LLC d/b/a Village Warehouse Wines Location: 0101 Fawcett Road #130 Type: Liquor Store (City) Manager: Peter A. Cuccia Applicant: Sabor Mazatlan Inc. d/b/a Sabor Mazatlan Location: 150 East Beaver Creek Boulevard #A-101 Type: Hotel and Restaurant (City) Manager: Alberto Contreras Applicant: Northside Coffee & Kitchen LLC d/b/a Northside Coffee & Kitchen Location: 20 Nottingham Road Units A & C Type: Hotel and Restaurant (City) Manager: James S. Pavelich Applicant: Columbine Bakery, Inc. d/b/a Columbine Bakery Location: 51 Beaver Creek Place Type: Hotel and Restaurant (City) Manager: Daniel Niederhauser (970) 748-4001 btorres@avon.org Applicant: Vail Country Club LLC d/b/a Vail CC Location: 240 Chapel Place Unit B126 Type: Tavern (City) Manager: Kenny Thayer Applicant: Sauce on the Creek, LLC d/b/a Sauce on the Creek Location: 0101 Fawcett Road #100 Type: Hotel & Restaurant (City) Manager: Deborah Applegate Applicant: Bob’s Place LLC d/b/a Bob’s Place Location: 100 W Beaver Creek Blvd Type: Hotel and Restaurant Manager: Chris Doyle Applicant: Fiesta Jalisco #3 LLC d/b/a Fiesta Jalisco Location: 240 Chapel Place #B-12 Type: Hotel & Restaurant (City) Manager: Jose Guadalupe Rodriguez Applicant: Southside Benderz LLC d/b/a Southside Benderz Location: 182 Avon Road #208 Type: Hotel and Restaurant Manager: Noah Bender Applicant: China Garden Inc d/b/a China Garden Location: 100 W Beaver Creek Blvd #507B Type: Hotel & Restaurant Manager: Sharon Mou Applicant: Fancy Pansy LLC d/b/a Fancy Pansy Location: 51 Beaver Creek Place Unit #2 Type: Beer & Wine (City) Manager: Frankie Lynn Sheridan Applicant: Town of Avon d/b/a Town of Avon Location: 100 Mikaela Way / 1 Lake Street Type: Optional Premise Manager: Danita Dempsey Applicant: Pho 20 LLC d/b/a Pho 20 Location: 47 Beaver Creek Blvd Unit C13 & C14 Type: Hotel & Restaurant (City) Manager: Cong Hoang (970) 748-4001 btorres@avon.org Applicant: D & D Inc. d/b/a Pho Bay Location: 101 Fawcett Road #180 & #185, LCE #112 Type: Hotel & Restaurant (City) Manager: Denny Duong Transfer of Ownership: Previous: Miller’s Bottle Shop LLC d/b/a Joe’s Liquors New: Eagle River Liquors, Inc. d/b/a Eagle River Liquors Location: 1060 West Beaver Creek Boulevard, Units 101 & 102 Type: Liquor Store (City) New Owner: Clayton Williams (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eva Wilson, Mobility Director; Gary Padilla, Public Works Director; Greg Daly, Chief of Police; Matt Pielsticker, Planning Director; Michael LaBaugh, Recreation Director RE: Parking Management Update DATE: February 25, 2022 SUMMARY: This report follows up on the Nov 9, 2021, Council discussion on parking management for the Town of Avon. Several Councilors had concerns about a paid parking program and its impact on workers. Several Councilors supported a paid parking management program to change behavior and encourage lower reliance on personal vehicle use. Council requested Staff to provide free parking and paid parking options. Parking availability in the Town core has been impacted by overflow from Beaver Creek Resort on several busy weekends this winter season . We have also observed increased illegal parking at the Avon Recreation Center which has impacted their operations. TOWN MANAGER COMMENTS: Council expressed a variety of comments and concerns, including identifying who we are trying to serve and providing free parking for employees. I view the West Beaver Creek Blvd., Lake Street, Benchmark Rd. loop as oriented towards skiers (i.e., Wildridge- Wildwood - Mountain Star - Nottingham residents and visitors) because we have heavily invested in running a skier shuttle on these streets. Therefore, I recommend that paid parking in this area is appropriate for consideration and is an appropriate place to start with paid parking . I recommend the Old Town Hall parking area remain as free parking which can work well fo r employees who desire to park for the entire day. The Recreation Center parking area will need better signage (i.e., NO SKIER PARKING!!! YOU WILL BE TICKETED !!) and active parking enforcement. The Avon Elementary School parking lot may need this management as well. I believe it is important to be conscious of a positive visitor experience and I do not support funding parking management with high parking tickets (e.g., $50+) with the exception of the Recreation Center . Lastly, no matter what we do, I expect we will need to adjust as we experience changes in parking behavior and as parking demands fluctuate. BACKGROUND: There are approximately 343 parking spaces for Town/Public facilities and 168 public on- street parking spaces in the Avon commercial core area and 170 public parking spaces at Traer Creek Plaza. All Parking areas are serviced by Avon Transit. Parking violators will park all day and risk enforcement. A parking ticket costs $35 in the Town core, $25 outside of the Town core, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. A Paid-Parking program may encourage parking turnovers and reduce illegal parking. It may also encourage transit use and other greener transportation options by disincentivizing driving. TOWN CORE PARKING MANAGEMENT OPTIONS: Option 1: Free parking: Public parking will be available to everyone with no limit on hours but no overnight parking, including all on-street parking and at the Old Town Hall. Option 2: 3 Hour Free Parking: Public parking would be available for 3 hours only between the h ours of 7am and 5pm. All day free parking would be available at the Old Town Hall parking lot. Page 2 of 4 Option 3: Paid parking on Skier Shuttle Route: Year-round paid parking would be introduced for the parking spaces on Skier Shuttle Route (W Benchmark Rd, Lake Street, and W Beavercreek Blvd) which is proposed to start at $2/hr after the first three hours. Free all-day parking will be available at the old Town Hall Location for employees. The Town of Avon and Beaver Creek Resort invest approximately $250,000 annually on the Skier Express Shuttle. For the choice parking spaces (~100 spaces) shown below, a $2/hr. fee will be applied after three hours. Assuming we can generate $3/parking space/day during the busy weekends, holiday weeks, and spring break weeks (60 days per year) and a modest amount the rest of the year , the projected revenue is $40,000/yr. RECREATION CENTER PARKING MANAGEMENT: The Avon Recreation Center is an important amenity for visitors and locals. With 136 parking spaces, it is sufficient for patrons and town vehicles . Unfortunately, during the winter season, skiers park at the Recreation Center parking lots. This condition is further exac erbated when the Beaver Creek lots are full. Additionally, Beaver Creek Resort stopped leasing the Rodeo Lot due to high cost, and infrequency (happens a couple of times every season.) Attendees to Town Special Events have also encroached on the Recreation Center parking lot. Recommendation: To discourage illegal parking at the Recreation Center, violation fine s will have to increase significantly. In addition, providing additional parking spaces may help with illegal parking. Option 1: Designate the Avon Recreation Center Parking Lots for “Patrons Only” and establish a parking violation fine of $50-100. Town Staff will have the flexibility to permit Special Events parking with signage and notification. Page 3 of 4 Avon Recreation Center And/or Option 2: Open W. BC Blvd (westbound shoulder) for skier overflow parking when the Beaver Creek Resort parking lots are full. Historically, Beaver Creek Resort parking lots fill up several times a year. A parking fee of $10 to $20 would offset the cost of providing a skier shuttle to the site. This option would only be available if we implement the paid parking program. Overflow Skier Parking Area Page 4 of 4 FINANCIAL CONSIDERATIONS: Parking management requires active parking enforcement, even with the existing free parking policies. A full-time parking enforcement officer would work 10 hour shifts four days a week. Two parking enforcement officers would be required to provide coverage seven days a week during the busy seasons. In addition, an electric vehicle, license plate reader and parking management software and equipment would be needed (estimated to cost $100,000). A free parking management program would be managed by the Police Department. A paid-parking management program would be managed by the Mobility Department. The cost of parking enforcement personnel is estimated $90,000/yr. ($60,000 salary plus benefits). Currently, the Transit Supervisor and Superintendent monitor the transit radio after the workday offsite, 5 - 10 pm. The Parking Supervisor would cross -train with the Transit Supervisor for better and full onsite coverage of daily operations for parking and transit (6 am to 10:30 pm daily.) Mobility may be able to support parking enforcement coverage with existing Mobility staff so that only one additional parking enforcement position is required. This would result in an annual op erating expense of $90K along with an initial first year expense of $80,000 for free parking and $100,000 for a partial paid parking program. For program revenue, assuming 5 tickets a day on average throughout all Town parking lots and on-street parking areas at $35 may generate $64,000 annually. If paid parking were introduced additional revenues are estimated at $40,000 annually. Total revenues with partial paid parking is $104,000. Thank You, Eva, Greg, Gary, Matt, and Michael ATTACHMENT A: Nov 9, 2021, Council Report: Paid-parking Analysis and Plan (970) 390-2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eva Wilson, Mobility Director; Danita Dempsey, CASE Manager; Gary Padilla, Public Works Director; Greg Daly, Chief of Police; Justin Hildreth, Town Engineer; Matt Pielsticker, Planning Director; Michael LaBaugh, Rec Center Director RE: Paid-Parking Program Analysis DATE: October 18, 2021 SUMMARY: Council requested an analysis of a paid-parking program for the Town of Avon (TOA.) This written report provides a background of our existing parking concerns and proposes a program to implement parking fees for Avon’s publicly owned parking spaces. UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all people, whether they own a car or not. Managed parking is needed to stimulate turnover and encourage public transit use. Free parking encourages private vehicle usage. For Avon, primary parking concerns are 1) the low turnovers of parking spaces due to employees and skiers, 2) the Recreation (Rec) Center parking spaces are occupied by employees, skiers, and Special Events attendees. On the other hand, Avon residents say they do not attend special events due to a lack of parking, 3) the lack of parking for Harry A. Nottingham Park patrons, 4) the demand for overnight and oversized vehicles in town. Parking violators will park all day and risk enforcement. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. A Paid-Parking program will encourage parking turnovers and reduce violators. It may also encourage transit use and other greener transportation options by disincentivizing driving. Revenue from a paid- parking program will fund a more systematic, comprehensive enforcement program. For Overnight and Oversized parking needs, there are no available Town-owned spaces that can support this demand. There are discussions with Traer Creek & Hoffmann, to support overnight and oversized vehicles at Tract A. A single-tier fee structure is recommended for simplicity. At the planning stage, a lot of assumptions are made to estimate potential revenue from a paid-parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a much lower demand for the TOA, 50% of the estimated revenue ($500,000) should cover the cost to operate a paid-parking program. Page 2 of 11 Program management will include Parking software, Equipment, and Staffing. Based on implementation costs from other agencies, approximately $200,000 - $300,000 will be needed (Software, Kiosks, Parking Software App, and License Plate Reader.) There are variations among the many different parking software applications. As a start, to manage and enforce the program, an estimate of 3 staff would be needed at a cost of $270,000/year (similar to the Town of Breckenridge.) Potential revenue dedication after program overhead could be 1) transit service 2) micro-mobility service such as ebike shares 3) Parking Pavement Maintenance and Markings, and 4) Green initiatives. BACKGROUND: There are approximately 2,185 public parking spaces in the Avon core area, see Table 1. About 500 spaces are owned and maintained by the Town. Of these, about 160 spaces are on- street spaces with the remaining 340 spaces in lots serving town amenities/services. All Parking areas are serviced by Avon Transit. There are various parking challenges. Table 1. Public Parking Space Inventory in the Avon Community Page 3 of 11 On-Street Parking Turnover of on-street parking continues to be an issue, especially parking spaces on West Benchmark Road. Local employees and Skiers have found those spaces attractive, close to Avon Station and large employment centers such as the Westin and Four Seasons. Demand for parking spaces is dynamic and is somewhat driven by development/construction and employment centers. Rec Center – The Avon Rec Center is an important amenity for visitors and locals. The usage peaks between 5-8 pm. With 136 parking spaces, one may say parking is sufficient. Unfortunately, others have used those parking spaces for other reasons than to visit the Rec Center. During the winter season, skiers looking for free parking have parked at the Rec Center. Attendees to Town Special Events also encroached on the Rec Center parking lot. This summer, a lacrosse tournament, overwhelmed the Rec Center parking lot and many users were unable to access the center. Harry A. Nottingham Park – The north parking lot for the park/beach consists of 20 parking spaces. It is currently marked for 8 drop-offs, 2 ADA, and 10 2-hr parking spaces. The park and beach are very popular. Prior to May 2021, overflow parking was allowed on the shoulders on the north side of W BC Blvd. The ad hoc, parking on the shoulders was not ideal. Visitors were not using the Elementary School parking lot due to distance and terrain concerns. Adding approx. 70 paved, angled, parking spaces on W. BC Blvd is estimated at $1.2M. Although the Sep 2021 Community Survey found 50% of the respondent wanted improvements to parking and pedestrian safety on West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included trespassing onto private property and inappropriate behavior. Special Events – Summer concerts and evening venues continue to be very popular and are a big draw for the town. In the Sep 2021 Community Survey, 30% of the respondents said they did not attend Town events because parking was too difficult. Attendance can range from 2,000 to 10,000. From a low of 2,000 attendees (assuming half will walk to the venue) 333 parking spaces are estimated to be needed for 1,000 attendees who would drive. To support larger venues, Special Events have leased the Beaver Creek parking lots and private lots. It is expected that more mitigation strategies such as express shuttles are needed to reduce parking space demand for larger venues. Due to the proximity of the Rec Center parking lot to the Performance Pavilion, the Rec Center Parking Lot continues to be encroached upon during special events. Town Hall - Parking spaces at the Town Hall are reserved for Town Hall visitors, Avon staff, and the Seasons Hotel (a 2-hr limit.) There are 4 Drop-off spaces for Prater Ln Preschool. In 2019, the town implemented permit parking for Avon residents on days the Town Hall is closed (Weekends and Holidays). In the 2019-2020 ski season, 8 permits were issued. In the 2020-2021 ski season, 13 permits were issued. The permits are issued electronically via email by the Mobility Dept. Plans are to continue to offer this opportunity to Avon residents. Overnight/Oversized Parking - Staff continues to receive requests for overnight parking for cars, campers, and oversized vehicles. Overnight parking is not permitted in Town-owned parking lots and on-street parking. Prohibition is due to access for snow removal and avoidance to compete with lodges in the summer. For Overnight and Oversized parking needs, there are no available Page 4 of 11 Town-owned spaces that can support this demand. Accommodations have been made for visitors staying in Avon and traveling in campers and oversized vehicles. The Police Dept and Public Works have accommodated them at the upper tier lots at Swift Gulch site, free of charge. This site is designated for future employee housing. There are discussions with Traer Creek & Hoffmann to support overnight and oversized vehicles at Tract A. Local Lodging Parking Management – Avon Lodges varies in the management of their onsite parking. Among the lodges below, only Westin doesn’t provide employee parking. During peak times, holidays, some lodges encourage their employees to take transit or park elsewhere. 1. Comfort Inn: One parking pass per room rental at no additional cost. A second pass may be issued under special request at no additional cost. Employees park on site. Housekeepers use transit. Summer is their highest parking demand. Had issues with violators until PD issued citations. 2. Sheraton: One parking space per room at no additional cost. A second pass may be issued under special request at no additional cost. Employees park on site. The holiday season is their peak demand, and they may ask employees to park elsewhere. During the summer, they receive 1 to 2 requests for RV parking. 3. Christie Lodge: One parking pass per one-bedroom room at no additional cost. Two parking passes per 3-bedroom room at no additional cost. $10/day for additional parking spaces. Employees park on site. Strict monitoring of parking passes. 4. Wyndham: $15/night per vehicle. No limit. Employees park on site/in the garage. 5. Seasons: Free underground parking garage for all guests. Up to 3 vehicles per unit. All employees park on site. Entry gate control parking violators. 6. Westin: $35/$45 (valet) per night for guests. $60/night for non -hotel guests. Gym members have passes. No parking for employees on site. Their biggest issues are requests for oversized vehicles Signage and Consistency in Parking Limits – Parking signs and time limits vary based on location. Consistent parking time limits may be easier to remember, understand, follow, and enforce. W. Benchmark W. Rec Center E. Rec Center Beach Lake Street Library Old Town Hall Page 5 of 11 Enforcement: The police department enforces parking regulations as well as code enforcement at Harry A. Nottingham Park. Parking enforcement is augmented by a code enforcement officer during the busy holiday season and Summer activities. A parking ticket costs $35, and a Handicap ticket costs $100. Since 2019, over 500 citations were given out, that’s about ½ a ticket per day. Enforcement by the Police Department is limited and is driven by complaints. OTHER PAID-PARKING PROGRAMS: Neighboring resort communities such as the Town of Vail, the Town of Breckenridge, and the Town of Aspen have implemented a paid-parking program for years. A summary of other local resort communities that charge for parking is attached. Town of Vail (TOV) – TOV manages over 3,000 parking spaces with 20+ in-house staff. For 2022, they are projecting $2M expenditures which include s $1M in equipment and software replacement. Their projected revenue is $6.5M accrued in their General Fund. All parking spaces in the Town of Vail are housed in parking garages and lots and operational 24/7. Town of Breckenridge (TOB) – TOB manages over 2,000 parking spaces consisting of on-street parking and parking lots. The service is contracted out to the Interstate Parking Company. A staff of 3 manages the contract. Their revenues are dedicated to their fare-free transit operations and Mobility Capital projects. Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner” Town of Aspen (TOAs) – TOAs manages over 4,000 parking spaces consisting of 685 main street spaces, 3,000 residential parking spaces, and a 300-space parking garage. Their 11+ in-house staff includes 6 enforcement officers. The program includes parking fees, permits, and carpool permits. Their revenues are dedicated to their fare-free transit/mobility program. Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees; Sale tax rises every time they raise parking fees” Page 6 of 11 PAID-PARKING ANALYSIS: UCLA Professor Shoup famously coined “Free parking is not free.” The cost of the land, pavement, street cleaning, and maintenance is on the shoulders of taxpayers or consumers, spreading the burden to all people, whether they own a car or not. Professor Shoup also caution s that free parking forces people to cruise for spots (increasing emissions) and subsidizes driving. Professor Shoup’s research shows free parking subsidy increases the demand for parking and the total number of miles driven. Additional research shows that among dense American cities, public transit use is significantly higher where parking is more expensive. Free parking encourages private vehicle usage. Professor Shoup recommends charging the right price for parking, with is ideally, letting the market set at the lowest rate necessary to achieve an availability of approximately 15 percent, to avoid cruising. Parking demand varies by location, time of day, day of the week, and season. With Avon’s parking concerns, a Paid-Parking program will encourage parking turnovers, transit use, and use of other greener transportation options by disincentivizing driving. The fee structure can be a single tier for all spaces or a tiered structure with the 1st tier for premium spaces. Starting a paid-parking program with a single tier rate structure system may be simplest for users to remember and follow, and for managers to manage. With a Single Tiered fee structure, all TOA public parking spaces would be free for 1st two hours of use, then the fee would be $2/hr. For example, it would cost $4 to park for four hours, and parking all day in Avon, 8 am - 5 pm would cost $14. With a two-tier parking fee structure, the parking spaces closest to the mountain, Avon Station, and Performance Pavilion would carry the premium fees (highlight in red.) The lower tier parking spaces, such as W. Beaver Creek Blvd, and E. Benchmark Rd, would have a lower fee (highlighted in yellow.) Page 7 of 11 Single Tier Paid-Parking Fee Structure – Avon Town Core Single Tier Paid-Parking Fee Structure – West Avon Page 8 of 11 Two Tier Paid-Parking Fee Structure – Town Core Two Tier Paid-Parking Fee Structure – West Avon Page 9 of 11 For the Rec Center, paid parking will disincentivize skiers, it will be cheaper to park at the Elk or Bear lot. However, usage at the Rec Center may regularly exceed the 2 hr free period. The parking management software will need to be able to waive the 3rd-hour fee when they check into the Rec Center. For Special Events, with paid parking, it is anticipated that employees and skiers will no longer take up public parking spaces during the day, and thus will free up parking spaces along Lake Street and W. Benchmark Rd going into the evening. Avon staff has observed parking availability at the Town Hall parking lot during Avon Live music venues. Parking direction/information may need to be more targeted for Special Events. Harry A. Nottingham Park – Park usage continues to be high. Although the Sep 2021 Community Survey found 50% of the respondents wanted improvements to parking and pedestrian safety on West Beaver Creek Blvd, many of the residents near the lake did not want the on-street parking. Feedback included trespassing onto private property and inappropriate behavior. Adding approx. 70 paved, angled, parking spaces and a pedestrian crossing on W BC Blvd is estimated at $1.2M. Targeted communication for park patrons to park at the Elementary School may be needed. Another review of the on-street parking on W. Beaver Creek Blvd. concept will be needed if demand continues to grow. The demand for oversized and overnight parking cannot be met with Town’s property. A potential site is Track A, the green circle. Staff has initiated conversations with Traer Creek & Hoffmann about potentially using the upper lot for overnight and oversized vehicles. Their concern is the potential disturbance and trash by the additional parking traffic, as they have seen at the Walmart parking lot. Permitted parking will provide additional control needed for proper management. Permits will only be extended to Avon residents and visitors staying in an Avon lodging facility. The parking revenue will be used to keep the site clean and surveilled. Staff will continue to work with the Lindholms. Page 10 of 11 IMPLEMENTING PAID-PARKING PROGRAM: There are many Parking Management Applications available, and they have evolved to meet everyone’s needs. Comprehensive programs include access through smartphone apps, solar-powered kiosks, and websites. Programs can be operated by in-house staff or be completely contracted out for a turn-key service, such as the TOB. Starting a paid-parking program with a single fee structure may be the simplest to manage and enforce, charging a parking fee from 8 am to 5 pm during the winter and summer season. Visits less than 2 hrs will be free, then the parking fee will be $2/hr. Parking for 4 hrs would cost $4 and parking all day in Avon would cost $14. At the planning stage, a lot of assumptions have to be made to estimate potential revenue from a paid- parking program. Based on Vail’s revenue and parking inventory (Avon’s 500 spaces - 17% of Vail’s inventory), Avon’s potential revenue could range up to $1,000,000 (17% of Vail’s revenue.) Assuming a much lower demand than TOV, 50% of the estimated revenue - $500,000 may cover the cost to operate a paid-parking program. Program management will include Parking software, Equipment, and Staffing. Based on implementation costs from other agencies, approximately $200,000 - 300,000 will be needed (Software, Kiosks, Parking Page 11 of 11 Software App, and License Plate Reader.) In addition, to manage and enforce the program, as a start, an estimate of 3 staff would be needed at a cost of $250,000/year. Parking Management falls under the Mobility Department. The mobility management team consists of a Director, a Superintendent, and a Supervisor. With 16.5 hrs/7days (120hrs/wk) a week transit operation, the supervisory staff is already stretched very thin. Staffing levels will depend on the structure of the paid- parking program, contracted or in-house. A minimum staff of a Parking Superintendent and 2 parking operators will be needed based on the Town of Breckenridge’s turnkey parking program and for 7 days a week coverage. The Transit and Parking teams would cross-train to support both activities. Potential net revenue dedication could be 1 ) transit service 2) Micro mobility programs such as ebike shares 3) Parking Pavement Maintenance and Markings and 4) Green initiatives, STEPS FOR IMPLEMENTATION – Nov 2022: 1) Hire a Parking Supervisor -Jan 2022 - Work on implementation details of a paid-parking program/plan 2) Finalize Paid-Parking Plan/Staffing level with Council – May 2022 3) Request for Proposal – Software/equipment – Jun 2022 - Select inhouse or contract services 4) Purchase/Install software/equipment/Signage – Aug 2022 5) Hire appropriate level of Parking Staff – Aug 2022 Thank You, Eva, Danita, Greg, Gary, Justin, Matt, and Michael Attachment: Local Community Parking Program Summary Community Implementation Program Details Management Sample Fees Implementation Cost Annual Operation Cost Annual Revenue Net Revenue Revenue Utilization Notes Aspen N/A - Approximately 4,000 parking spaces - Main Street - 682 spaces - Residential - 3,000 spaces - Parking Garage - 300 spaces In-house Mgmt (11+ staff): - 1 Parking Director - 1 Operations Mgr - 1Programs Mgr (T2 software/permits) - 2 customer service - 6 Enforcement Officers - Paid Parking 10 a.m. to 6 p.m. 10:00 AM - 10:59 AM: $4/hr 11:00 AM - 2:59 PM: $6/hr 3:00 PM - 6:00 PM: $4/hr - Sundays - free - Residential Parking Pass: Mon-Fri - Two hours FREE parking per day - Garage parking $12.50 per day. - Carpools permits - EV and NEVs FREE - Hybrids park for 50% off residen - Construction/reserved parking $100 per day - Event parking $10 per day - No Overnight Parking $900,000 - $750,000 - Kiosks/meters - $150,000 - two vehicle with License Plate Readers $2M - Aspen Staff - Software subscription and support (T2) - park city utah - 3am 7am snow removal. No garages - 6pm - Equipment $4M $2M Dedication to Free Transit Raised parking fees raised sales tax Future: All mobile payments to save kiosk and meter Breckenridge 2015/16 - Approximately 2,200 parking spaces - On Street Parking (600) - Parking Lots (1600) Contracted Service (Interstate): Breckenridge Staff: - 1 Parking Manager - 1 Parking specialist - 1 Community officer Main Street weekday rates: - 15 minutes: free - First hour: $0.50 - Second/third hours: $1 per hour - Fourth/beyond: $3 per hour - All day: $23.50 weekend rates - 15 minutes: free - First hour: $0.50 - Second hour: $1.50 - Third hour: $2 - Fourth/and beyond: $5 per hour - All day: $39 - Overnight Parking Lot: $30/night $650,000 - Kiosks equipment (installed by PWs) - $100,000 for car and License Plate Reader - Marketing: $15,000: logo, mailers, Ads $1.1M - $100,000 kiosk replacement - Bank Card Fees - Interstate: Flat-fee ($640,000) - Passport: App Software/per transaction fee/Permit Mgt - Parkeon: Kiosk Cost - Breck staff and supplies $2M $1 M Dedicated to transit operation and Mobility Capitol Projects New Building a parking structure planned: - 550 existing - Adding 405 more spaces - two stories/3 stories - $45M/$50M (loan) Vail N/A -Approximately 3,000 spaces - Three Parking Garages - Red Sandstone Structure - 120 weekdays - 160 weekends or school out - Ford park soccer fields - Donovan Pavillion In-house Mgmt (24/7 operations)(20+ parking staff): -1/2 transit manager - 3 supervisors - 3 Technicians - 14 atendents - 2 ticket writers - 1/2 part FTE: ticket sales 0 to 2 hrs Free 2 to 3 hrs $10 3 to 4 hrs $20 4 to 15 hrs $30 15 to 24 hrs $50 3pm until 3am Free $1M in 2022 for equipment replacement $2M - Staff - Equipment/Supplies - Software/Apps - Does not include Bldg Maintenance $6.5M $4.5M General Fund N/A Local Community Parking Program Summary Paid Parking for the Town of Avon Paid Parking Analysis Should the Town of Avon charge for parking? -Smarter Parking Management -Encourage Turnovers -Encourage Mass Transit Use -Equitable? Who really pays for parking 2 Existing Parking Condition Community Total: 2,185 parking spaces -Town Owned: 511 Spaces -On-Street –168 Spaces -Lots –343 Spaces -Private: 1,574 Spaces 3 Existing Parking Condition •On-Street Parking -Low turnover •The Avon Rec Center -Parking violators •Harry A. Nottingham Park -Low Inventory •Special Events -Low Inventory/Low Turnover/Parking violators •Town Hall Lot -Weekend Skier Permit Parking •Overnight/Oversized Parking -No available Town property -Continue to discuss with private entities 4 Other Parking Programs •Town of Vail –manages over 3,000 parking spaces, 20+ in-house staff -Operating Cost: $2M –Revenue: $6.5M -Revenue accrued in General Fund •Town of Breckenridge –manages over 2,000 parking spaces, 3 in-house staff -Operating Cost: $1.1M –Revenue: $2M -Turnkey service contracted to the Interstate Parking Company -Revenues dedicated to fare-free transit/Mobility Capital projects Breckenridge Town Manager, Rick Holman, on paid parking “We wish we had done it sooner” •Town of Aspen –manages over 4,000 parking spaces, 11+ in-house staff -Operating Cost: $2M –Revenue: $4M -Program includes parking fees, permits, and carpool permits -Revenues are dedicated to their fare-free transit/mobility program Aspen Transportation Director, John Krueger, “The store owners are happy every time they raise downtown parking fees; Sale tax rises every time they raise parking fees” 5 Recommendation –Single Rate Structure Edwards Mid-block Crossing 6 Recommendation –Single Rate Structure Edwards Mid-block Crossing 7 STEPS FOR IMPLEMENTATION: 1) Hire a Parking Supervisor -Jan 2022 -Work on implementation details of a paid-parking program/plan 2) Finalize Paid-Parking Plan/Staffing level with Council –May 2022 3) Request for Proposal –Software/equipment –Jun 2022 -Select inhouse or contract services 4) Purchase/Install software/equipment/Signage –Aug 2022 5) Hire appropriate level of Parking Staff –Aug 2022 6)Operational –Nov 2022 Implementation Proposal Edwards Mid-block Crossing 8 9 970-748-4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: CONTINUED PUBLIC HEARING: Resolution 22-01 Preliminary Subdivision / Lot 3 and Lot 6, McGrady Acres DATE: March 17, 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 greenspace. A cover letter from the property owner (“Attachment A”) requesting consideration of cash in lieu of dedication park land, and conceptual Preliminary Subdivision layout (“Attachment B”) are attached to this report. The process for a Major Subdivision includes a Preliminary and Final application. This public hearing was continued from the February 8, 2022, and March 8, 2022 regular meetings. A Site Visit is scheduled for 4:15pm on March 22, 2022, and it is open to the public. UPDATES: At the March 8, 2022 meeting Councilor’s requested consideration of an expanded park parcel bordering the Eaglebend pocket park. A pedestrian access easement design was reviewed and direction was provided to move the access easement to the driveway on the south half of the project. Council requested conveyance of the river tract. The Preliminary subdivision plat has been updated to include physical land dedications, easements for pedestrian connectivity to Eaglebend Drive, and a modified approach to cash in lieu for the remainder of Park Land Dedication requirements. COUNCIL OPTIONS: - Approve Resolution 22-01 (“Attachment C”), as attached; or - Approve Resolution 22-01, with amendments; or - Request more information and Continue Resolution 22-01 to a future meeting; or - Deny the Preliminary Subdivision by Motion and Vote. RECOMMENDATION: My recommendation is to conduct a public hearing, discuss conformity with the applicable review criteria, and take action to conditionally approve the Preliminary Subdivision. Optional actions are provided at the end of this report. APPLICATION 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, after considering public comments and Staff's analysis on December 21, 2021. PZC made a recommendation for approval (“Attachment D”) of the Preliminary Subdivision Application at their December 21, 2021 meeting. PROPERTY DESCRIPTION: Lot 6 is located adjacent to the Eagle River and contains a single-family home. The home would be demolished to accommodate this development. Lot 6 is bordered by a single-family home and Eaglebend subdivision to the west, Post Boulevard to the east, and Lot 3 of McGrady Acres subdivision to the north. Lot 3, McGrady Acres sits vacant and previously housed a tree farm business for a number of years. Lot 3 borders a pocket park and Eaglebend residential to the west, Post Boulevard to the east, and the Union Pacific Railroad to the north. The property was annexed in 2001 and designated with Neighborhood Commercial (NC) zoning. This was also when Post Boulevard (aka “Highway 6 Connector” during annexation) road was constructed and any remnants Page 2 of 10 of Utility and Easement parcels connecting Eaglebend Drive and Post Boulevard were extinguished. NC zoning allows for retail, mixed-use, and multi-family townhouse residential. Multi-family is defined by the Avon Development Code as including structures with three (3) or more units. PROCESS: Section 7.16.070 of the Avon Municipal Code, Subdivisions, governs the review of this land use application. As mentioned, the Application is considered a Major Subdivision. Major Subdivisions include any new subdivision where four (4) or more parcels are being created. A public hearing with PZC and another public hearing with Town Council is required before action. PUBLIC NOTIFICATION: Notice of the public hearings for Major Development Plan and Preliminary Subdivisions was published in the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code (ADC). Mailed notification is required for this subdivision for all property owners listed within 300’ of the Property. Written public comments from the PZC and Town Council meetings is attached (“Attachment E”) to this report for Council review and consideration. 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. Page 3 of 10 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. The Neighborhood Commercial (NC) zoning and Table of Allowed Uses permit residential and commercial land uses; however, no commercial uses are proposed. 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 private property will be necessary to accommodate the realigned sidewalk on Post Boulevard where the stop will be provided. Bus Stop on Post Blvd The plans were updated since the last Council meeting to include a platted pedestrian access easement following a 4’ sidewalks through the project and connecting to Post Boulevard’s sidewalk network and new bus stop. (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, Page 4 of 10 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.” Staff also suggests creating an open space or Stream Protection easement to ensure the Eagle River and streambank is protected, with potential fisher access to this area of the river designed and maintained by the Town of Avon. (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. While the proposed development and subdivision are in line with this designation, in solely implementing residential uses sales-tax generating opportunities are removed. Fortunately, other benefits exist with this development. In particular, new pedestrian connections from Eaglebend to a new bus stop, as well as park monies to improve the existing Town-owned playground that lies between Eaglebend and this development. Importantly, one other asset exists with this development: its location to the Eagle River. The Avon Comprehensive Plan lists improvements on the river corridor as a highlighted opportunity throughout Town. With the application of the riverside stream easement that is dedicated to the Town of Avon (as suggested by Staff), potential streamside enhancements and/or public recreational opportunities may be the result. Specifically, the easement will support the following Avon Comprehensive Plan stated goals: • Improve connections between Avon’s Town Center District and the Eagle River; • Promote recreational and mobility options to and from Avon with the regional trail through Avon along the Eagle River The proposal has been updated and now includes the dedication of a river access tract of land totaling 12,231 sq. ft., which meets part of the Park Land Dedication requirements (as discussed in more detail below). The Avon Comprehensive Plan includes Policy G.1.2, to: Policy G.1.2: Maintain the Eagle River as a valued resource in accordance with the most recent Eagle River Watershed Plan. While the land adjacent to the river is inherently protected from development (i.e. river setbacks, no improvements proposed in the steep slope between buildings and river), deeding this parcel to the Town would help protect the area and provide an opportunity for river access with a footpath. This is an important consideration as the most recent Eagle River Watershed Plan strives for a balance between land use, water recreation, and micro and macro invertebrate health strategies. Having one more connection point to the Eagle River also offers the ability to incorporate more native vegetation along the banks of the Eagle River to strengthen the river health. Implementing limited foot access (i.e. permeable staircase) with added riparian plantings would be a positive improvement for the area. Page 5 of 10 (4) The land shall be physically suitable for the proposed development or subdivision; Staff Response: The land is physically suitable for the proposed development. No hazardous soils or other environmental concerns have been raised. The developable portion of the lot is maximized with the proposed site layout. (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: Water was not dedicated when the property was annexed into the Town. This property is included in the existing water lease agreement with the Upper Eagle River Water Authority and a formal ability to serve letter would be a requirement of Final Plat. Our Town records for water accounting show that we have 12.6 SFE of water allocated to the Property. 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. Referral comments from ERFPD are attached (“Attachment F”). The acceptability of fire truck and passenger vehicle turnaround is demonstrated with the attached (“Attachment G”) auto turn analysis. (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 of 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. Page 6 of 10 (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 extent possible. Open space buffers are included on the west and south sides of the project based upon topography and easement areas. Riparian areas adjacent to the Eagle River remain intact with the approved development plan coupled with the execution of the recommended stream/open space easement. Water quality concerns are alleviated by introducing hydrodaynamic separator vaults to maintain clean water entering the adjacent Eagle River environment. The Preliminary Drainage Study validates water quality maintenance based on expected stormflows and the area development. Maintenance of the water quality infrastructure must be specifically called out in a Subdivision Improvements Agreement. Please find the Preliminary Drainage Report Attached (“Attachment H”) for review. (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/existing 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. A soils report will be required at building permit review to determine if any special soil conditions exist on the property warranting heightened precautions. (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; Page 7 of 10 Staff Response: A Public Improvements Agreement (“PIA”) 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 will be made at Final Subdivision. Commonly owned and maintained areas are indicated on the plat. Details of easements, dedications, and an acceptable Public Improvement Agreement must be approved. (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 PIA at Final Subdivision. PARK LAND DEDICATION REQUIREMENTS - §7.32.090 The Park Land Dedication Requirements were put into the Avon Municipal Code in 2010 at the time the Development Code was created. The requirements have been used infrequently as no preliminary (or final) subdivisions have been processed for a multi-family project that did not already possess vested property rights. 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 dedication of river frontage contiguous with other Town river tracts is not supported in whole by the guidelines for Park Land Dedication outlined in Avon Municipal Code Section 7.32.090(e). It suggests that at least 50% of the land be level with suitably convenient access. Staff supports the dedication of this frontage for the reasons listed above, and this satisfies almost half the requirements on site. 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 (“Attachment I”) consideration by Town Council of the two dedicated parcels and the Page 8 of 10 remaining dedication to be provided as cash in lieu. Park Improvements Staff has identified the Eaglebend Pocket Park as a candidate for several improvements, including a raw water irrigation system, fencing the property line bordering the railroad tracks, updated signage, re-investment into both softscape and hardscape landscaping, new playground/surfacing, and engineered surface instead of wood chips. Eagle County Assessor’s department staff assisted with a comprehensive property records search whereby all vacant land sales between between Edwards and Eagle-Vail were queried for the past 3 years. Staff found an average price of $24,60 per foot for properties closer to the valley floor. That sales history is provided below for review. The Applicant paid $52 per square foot for McGrady Acres The midpoint between average and price paid for McGrady acres is $38.30 per square foot. Summary: It is reasonable to believe that purchasing additional usable park land in the area with the proposed funds would be difficult if not impossible. Cash In Lieu would improve nearby public properties such as the Eaglebend pocket-park, which is in need of improvement. Based on Council comments and direction from the last meeting, I recommend approval of the two parcels shown on the Preliminary Plat, and payment in lieu for the remainder in the amount of $36.30 per square foot: as follows: Page 9 of 10 McGRADY ACRES PARKLAND DEDICATION SQUARE FEET DEDICATION REQUIREMENT 24,830 USEABLE DEDICATION 50% 12,415 USEABLE PROPOSED 6,080 USEABLE SHORTFALL 6,335 NON-PLAY DEDICATION 50% 12,415 NON-PLAY PROPOSED 12,231 NON-PLAY SHORTFALL 184 TOTAL SHORTFALL 5,896 PRICE / SQ. FT SHORTFALL $24.60 $145,041 $38.30 $225,816 $52.00 $306,592 Page 10 of 10 OPTIONS: Council has multiple options with respect to this application. Staff recommends conditional approval (“Option B”), with the following conditions: 1. Final Plat prepared by Licensed Colorado Surveyor. 2. Ability to Serve from ERWSD, and final utility verifications. 3. Public Improvements Agreement in a form acceptable to the Town. 4. Preparation, establishment, execution and recording of a Homeowners Association declarations document which includes maintenance responsibilities, indemnification of Town and pedestrian access requirements, in a form acceptable to the Town. 5. The dedication of two park parcels as indicated on Preliminary/Conceptual plat, totaling not less than 6,079.5 sq. ft. for land adjacent to pocket park, and not less than 12.231.8 sq. ft. for river access parcel, which may also be conveyed through a special warranty deed or other form acceptable to the Town. 6. Designation of a platted 4’ minimum width Public Pedestrian Access Easement connecting Eaglebend Drive cul-de-sac with Post Boulevard; language approved by the Town Attorney. 7. Not later than Final Plat Submittal, design changes made to the Development Plan and landscape plan must be approved by the Town; revised plans will demonstrate compliance with meeting minimum landscape standards on the property. A. Approval, with (APPLICANT PROPOSED): Parkland payment as outlined in Attachment A. * Cash in lieu Park Land Dedication payment in the amount of $155,846. B. Approval, with (STAFF PROPOSED) Parkland payment as outlined in Report and Attachment C. * Cash in lieu Park Land Dedication payment in the amount of $225,816. C. Continue to the April 12, 2022 meeting, requesting additional information. D. Deny based on conflicts with Review Criteria Thank you, Matt ATTACHMENTS: A - Letter from Applicant B –Preliminary Subdivision C – Resolution 22-01 D – PZC Record of Decision E – Public Comments F – Utility Verifications, Including ERFPD Comments G –Auto turn Analysis H - Preliminary Drainage Report I – River slope Analysis J – Perspective 3-D from Eaglebend Drive March 16, 2022  Town of Avon, Colorado  Town Council    Re: Park Land Dedication for McGrady Acres Subdivision    Mayor Smith‐Hymes and Council Members,  Thank you for your review and consideration of our Preliminary Subdivision for our townhouse  project at 85 and 96 Post Blvd. With regard to the Park Land Dedication requirement, we are  proposing a combination of land dedication and a fee in lieu for the remaining portion of land.  The property is adjacent to an existing public park (Eaglebend pocket park)  that could benefit  from new equipment and enhanced landscaping. We are proposing dedication of 6,079 square  feet adjacent to the park as well as dedication of 12,415 square feet of land on the river slope  (as depicted in the attached drawing) for a total of 18,494 of land dedication. We propose a fee  in lieu for the remaining 6,335 square feet of the total requirement. We are also adding a  pedestrian easement through the property to allow people from Eagle Bend to easily access the  future bus stop.   The Avon Municipal Code provides the following calculations. 8.2 acres x (Number of Units: 24)  x (Persons Per Unit: 2.9) / 1,000 = .57 acres. Based on the comparable sales (dropping out the  high end sales that are in Bachelor’s Gulch, Beaver Creek, and Arrowhead) the average price per  square foot is $24.60 per square foot. The remainder of the required land is 6,335 sq ft for a  cash in lieu amount of $155,846.   In summary:  Requirement: 24,829 sq. ft. Provided: 18,494 sq. ft. Remainder: 6,335 sqft x $24.60/per foot = $155,846 cash dedication for park improvements.   Thank you again for your time and I look forward to working with you in the coming years.   Sincerely,    Andrea McMillen    Attachment A Attachment A 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 adopted written findings of fact and a record of decision on January 18, 2022, recommending conditional approval of the Application; and WHEREAS, Eagle River Homes, LLC has proposed land dedications and cash in lieu of land dedication for portions of the Park Land Dedication requirements, as permitted by Avon Municipal Code section 7.32.090; and WHEREAS, the Town Council finds that the providing land, easement, and payment in lieu to fully satisfy the requirements of Avon Municipal Code section 7.32.090, Park Land Dedication; and WHEREAS, the Avon Town Council held public hearings on February 8, 2022 and March 8, 2022, and March 22, 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; NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council approves the Application for Lot 3 and Lot 6, McGrady Acres Subdivision with the following conditions to be satisfied by Final Subdivision Plat and application materials which must be submitted within six (6) months: 1. Final Plat prepared by Licensed Colorado Surveyor. 2.Ability to Serve from ERWSD, and final utility verifications. 3. Public Improvements Agreement in a form acceptable to the Town. Attachment C Res 22-01- Preliminary Subdivision – McGrady Acres Page 2 of 2 4. Preparation, establishment, execution and recording of a Homeowners Association declarations document which includes maintenance responsibilities, indemnification of Town and pedestrian access requirements, in a form acceptable to the Town. 5. The dedication of two park parcels as indicated on Preliminary/Conceptual plat, totaling not less than 6,079.5 sq. ft. for land adjacent to pocket park, and not less than 12.231.8 sq. ft. for river access parcel, which may also be conveyed through a special warranty deed or other form acceptable to the Town. 6. Designation of a platted 4’ minimum width Public Pedestrian Access Easement connecting Eaglebend Drive culdesac with Post Boulevard; language approved by the Town Attorney. 7. Not later than Final Plat Submittal, design changes made to the Development Plan and landscape plan must be approved by the Town; revised plans will demonstrate compliance with meeting minimum landscape standards on the property. 8. Cash in lieu Park Land Dedication payment in the amount of $225,816. ADOPTED this 22nd day of March 2022. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy 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 1 From: Bette Todd  Sent: Tuesday, March 8, 2022 12:59 PM  To: Matt Pielsticker <mpielsticker@avon.org>; councilmembers@avon.org  Subject: McGrady Acres Plan  Dear Councilmembers, The Mc Grady Acres site plan before you tonight contains an attachment J that demonstrates the impacts the new development will have on the residents of Eaglebend Drive. As you can see, the impacts are significant in that they replace a current view the mountains of Vail and Game Creek Bowl with the sides of buildings. Several residents requested during the hearings and in writing that the landscaping at the end of Eaglebend Drive be intensive to help reduce the visual impacts of McGrady Acres on existing residents. The current plan still does not appear to address that concern. It isn't clear if the lack of intensive landscaping is because the site plan is so tight that it will not accommodate intensive landscaping at the end of the Eaglebend Drive cul de sac, or if this is a matter that will be addressed at a later date. Could you please clarify this issue during your discussion? Cooperation between the two communities will be essential to a successful development and peaceful living between the communities in the future given the current plan reflects we will share not only a park, but dedicated trail from Post Blvd. that terminates on Eaglebend Drive. Respectfully, Bette Todd 4920 Eaglebend Drive Avon Attachment E Attachment E Attachment E Attachment E To: Town of Avon Planning and Zoning Commission From: Bette Todd December 7, 2021 Dear Commissioners: The McGrady Acres Development Plan and site plan that you will consider tonight contain issues that deserve further study to determine the development’s potential impact on the residents of Eaglebend Drive. I respectfully request a continuation of this matter, preferably to January, to give area residents time to provide meaningful input to the developer and the commission. I am supportive of the concept of townhomes on the site provided the development and site design are created to minimize future impacts to the Eaglebend community. Some of the issues that might bear study are: 1) Landscaping plans for the west side of the site. Are the western most buildings set back sufficiently from the property line to allow for onsite landscaping that will buffer the view of the buildings from Eaglebend Drive? These buildings will replace our views of Vail and Game Creek Bowl so trees would be nice. The site also appears to be primarily buildings, concrete driveways, and roadway. Will there be internal landscaping to make the development attractive? 2) Fence at east end of Eaglebend Drive. What is the plan for the fence that currently separates the Eaglebend Drive cul-de-sac from the subject site. Who will own the fence? 3) Emergency access. There appears to be more than one proposal for emergency access or egress. One plan has the potential to impact all of Eaglebend Drive. 4) Park: Will there be access to from this new development to the small open space and play equipment on Eaglebend Drive? If so what does that plan look like? 5) Roadways and driveways. The overall site looks very tight. The driveways appear short. Will there be on street parking? Is there sufficient room for moving vans, delivery trucks, trash trucks, for turn around? It would not be desirable for insufficient site planning to make roadway connection to Eaglebend Drive imperative in the future. There appears to be a road on the site plan that terminates abruptly at the property line????? A few residents of the east end of Eaglebend Drive apparently received notice of the meeting and development plan. Most residents of Eaglebend Drive remain unaware of the development proposal. We live one house west of the homes noticed and only became aware of the plan when I happened to read the P & Z agenda this weekend. We are In Hawaii this week so will not be able to attend the meeting. Some time to evaluate this development proposal so we can work cooperatively with the Town and the landowner to get this right and make development of this site an asset for all would be appreciated Respectfully, Bette Todd 4920 Eaglebend Drive Avon, Co 81620 Attachment E 1 Matt Pielsticker Subject:FW: Townhomes Hi Matt, Sorry for not being prepared for the P&Z meeting, lots going on.  Now that I've had a chance to review the plan I have some major concerns.  Like I said I'm ok with the townhomes, that's not the issue. Most problems stem from too much development on too  small a space. I'll bullet point the major issues, no particular order of importance.  1. Do the storm drains have filters to keep contaminants out of the river? If they have filters who maintains them. 2. About the wall behind Building1, I see lots of problems with egress and drainage. How will the residents get out of their homes in an emergency? Does the railroad have an opinion on digging into the slope like that and possibly  weakening the integrity of the bank? When, or if, the trains run again the vibrations they create could cause problems,  especially in wet weather. Is that wall engineered? There is no provision back there for drainage coming off the tracks  and buildings.  3. There is no open space to speak of. I'm personally concerned about where will the residents walk their dogs? If they all go behind Building 6 those folks won't be happy. If they find their way up to the park. we won't be happy, (I'm sure  they won't all pick up their poop) that's a lot of units very close to the park. The consensus around here is solid fence  would be best.  4. The driveways seem too short, your average pick‐up is 18‐20 feet long and I envision them sticking out into the street, even if they bump right up to their garage doors, which they won't. I see parking as an issue all over the development  5. About the massing and rooflines, I feel the mansard roofs are a clumsy way to disguise a box, sorry to be so abrupt but that's basically what's going on. Boxes are a good way to enclose space but not to create pleasing shapes.  6. Landscaping is pretty sparse. Seems to me there was an impervious surface limit on residential applications, is one applicable here? That's a lot of driveways (short ones), roads and roofs.  Thanks for listening to my concerns. I would appreciate your passing this along to the Planning Commission, Town  Council and the developers.  Buz Didier  5010 Eaglebend Dr.  Attachment E Attachment E Attachment E December 21,2021 To: Town of Avon Planning and Zoning Commission Andrea McMillen Applicant/Developer Warner Hopkins, Tab Associates Greg Macik, Tab Associates Matt Wadley, Alpine Engineering From: Bette Todd, Reisdent Eaglebend Drive Dear Commissioners and McGrady Acres Development Team, I had planned to come to the meeting tonight and speak, but with the change in the meeting to zoom I am submitting a written statement to make communication between parties a bit easier on all. The efforts on the part of the McGrady Acres development team to cooperate with the Town in bringing forward a quality development are appreciated by residents. The issue of the current wood style fence at the end of Eaglebend Drive remains an issue of great concern, not only to me, but to many of my neighbors. The updated plan under consideration tonight shows a 3’ split rail fence proposed to replace the wood fence that currently separates the communities. The current style wood fence serves several purposes that a split rail fence will not achieve. 1) The wood fence limits the visual impact of the new development on Eaglebend Drive. While our views to the mountains may be lost to buildings, at least the wood fence partially blocks the lower areas and mass of the buildings from view. 2) The wood fence also blocks the view of concrete driveways, parked vehicles, a parking area, snow storage, lights from vehicles and noise. 3) The higher wood fence is not easily hopped over by children or loose dogs and serves as a deterrent to children to exit their respective neighborhoods. 4) The wood fence makes the connection from Eaglebend Drive to Post Boulevard through McGrady Acres less evident to strangers coming off Post Boulevard. Access to the pocket park can be achieved with a gate or opening in any type of fence. A split rail fence is not necessary to provide connectivity between the neighborhoods. I suspect we will all become well acquainted on our daily walks and outings. Eaglebend Drive is a beautiful tree lined street with a mix of single family homes and duplexes. It is a dead-end street without curbs or sidewalks, has a drainage ditch on one side and utility easements on the other. It is not heavily trafficked. We enjoy beautiful views to the east of mountains and Vail ski slopes from our yards, decks and street which will almost entirely go away with the development of Mc Grady Acres. To the degree possible, other impacts of the new development on residents of Eaglebend Drive should be mitigated. The fence and screening are important to us, as is a pedestrian connection that discourages and limits fast bicycle or ebike traffic through both communities. Attachment E The developer has suggested the possibility of a metal fence along the west fence line built of similar materials being used on the railings throughout the project. Personally, I believe that would be preferable to the split rail fence if it can be adequately landscaped to provide visual screening of the project from Eaglebend Drive. Visual screening with trees would also protect homes in McGrady Acres from headlights driving east on Eaglebend Drive. A higher fence makes the connection less obvious to strangers. While the current style wood fence would be preferrable as it provides the most protection to Eaglebend Drive, a metal fence with heavy tree plantings would upgrade the appearance of both neighborhoods and enhance the mountain feel. The current plans, show a great deal of snow storage on the west end of the property with a few low bushes and trees. The trees along the west fence line need to be increased regardless of which fence is approved. Please consider the impacts of the new development on the current residents of Eaglebend Drive and do not approve a split-rail fence that does little to mitigate development impacts on our community or improve the quality of our neighborhood. Respectfully, Bette Todd 4920 Eaglebend Drive Avon, CO 81620 Attachment E Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date:   List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Floral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / 08 03 2021 Attachment F Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1.Utility locations must be obtained before digging. 2.A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3.It is the responsibility of the utility company and the applicant to resolve problems identified above. 4.The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Foral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / Todd Foral 08 03 2021 Attachment F Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1.Utility locations must be obtained before digging. 2.A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3.It is the responsibility of the utility company and the applicant to resolve problems identified above. 4.The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date: List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Floral tfloral@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / 08/13/21 Attachment F Utility Approval and Verification Project Address: Parcel: 2105-124-00-007 Section: 12 Township: 5 Range:82 This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW AT LEAST 2 WEEKS FOR APPROVAL OR COMMENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe, please contact The Town of Avon. NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.748.4100. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re- verification if the submitted plans are altered in any way after the authorized signature date. Signature of applicant: Date: Signature of Case Manager: Date:   List of Utility Providers Approval Date LUMEN TECHNOLOGIES 970.589.4536 (tel) Contacts: Al Perez Al.perez1@lumen.com Signature X / _/ HOLY CROSS ENERGY 970.748.4307 (tel) Contact: Todd Foral tforal@holycross.com Signature X / / XCEL Energy 970.262.4032 (tel) 970.262.4038 (fax) Contacts: Britt Mace Britt.mace@xcelenergy.com Signature X / _/ EAGLE RIVER WATER & SANITATION DISTRICT 970.477.5449 (tel) 970.845.7218 (fax) Contact: Tug Birk tbirk@erwsd.org Signature X / / COMCAST CABLE 720.219.8186 (tel) Contact: Ryan Anderson Ryan_Anderson@comcast.com Signature X / / CDOT (Only in CDOT Right-of- way) 970.683.6284 (tel) Contact: Brian Killian brian.killian@state.co.us Signature X / / Attachment F Inspection Type:Plan Review Inspection Date:11/3/2021 By:Woodworth, Mick (0019) Time In:16:06 Time Out:16:12 Authorized Date:11/03/2021 By:Woodworth, Mick (0019) Occupancy:MCGRADY ACRES MASTER Occupancy ID: 210307314012-1 Address:86 POST BLVD AVON CO 81620 Additional Time Spent on Inspection: Category Start Date / Time End Date / Time No Additional time recordedNotes: Total Additional Time: 0 minutes Total Time: 6 minutes Inspection Time: 6 minutes Inspection Topics: Summary: Overall Result:Complete Inspector Notes: Eagle River Fire Protection District Form: Plan Review Inspection PLAN REVIEW COMMENTS: THE FOLLOWING ITEMS WERE NOTED DURING THE FIRE DEPARTMENT PLAN REVIEW: Status: COMPLETE Notes: Plan review for McGrady Acres site plan submitted by Avon 11/2/2021. 1) The subdivision shall have a fire apparatus area to turn apparatus around, or the subdivision can meet the turn around by developing an emergency apparatus access to the cul-de-sac on Eagle Bend Drive. 2) I understand that the structures will be R-3 primary occupancies. If occupancy is changed by owner, the occupancy use shall be changed to meet the use. If used for short term rental, this qualifies as R-2 occupancy and fire sprinklers will be required. ITEMS noted and any corrections required. Inspection Description: ** PLAN REVIEW LETTER - PLEASE READ THE FOLLOWING CAREFULLY ** The submitted plans have been REVIEWED by Eagle River Fire Protection District and the comments identified below. The issuance of a permit for this project is based on the plans submitted and compliance with the applicable codes. Conditions found, or other data collected or submitted, shall not prevent the fire official from requiring correction of errors found during fire / life safety inspections. Page 1 of 2Printed on 11/03/21 at 16:13:02 Attachment F Inspector: Name: Woodworth, Mick Rank: Fire Marshal Work Phone(s): 970-736-5064 Email(s): mwoodworth@eagleriverfire.org Signature Date Page 2 of 2Printed on 11/03/21 at 16:13:02 Attachment F 1 1 / 2 " LEGENDLEGEND TAB The Architectural Balance 0056 Edwards Village Blvd. Suite 210 Edwards, CO 8132 fax: (970) 766-1471 email: tab@vail.net www.tabassociates.com (970) 766-1470 Civil Engineer Structural Engineer Mechanical Engineer Electrical Engineer Revisions: Issue Dates: Sheet Title: Project No: Sheet No: Associates Alpine Engineering 970-926-3373 xx MC G R A D Y A C R E S 86 P o s t B o u l e v a r d Av o n , C O , 8 1 6 2 0 No Description Date ENGINEERING INC. 34510 HWY 6 I UNIT A9 I PO BOX 97 EDWARDS CO 81632 I 970.926.3373WWW.ALPINECIVIL.COM 07/30/21 - MDP 12/15/21 - resubmital C1.3 Vehicle Turning O: \ A v o n \ M c G r a d y A c r e s - 2 0 2 1 \ d w g \ M a s t e r \ A u t o t u r n - M c G r a d y . d w g , 1 2 / 1 5 / 2 0 2 1 8 : 2 4 : 2 6 A M , A u t o C A D P D F ( H i g h Q u a l i t y P r i n t ) . p c 3 Attachment G LEGENDLEGEND 1 1 / 2 " TAB The Architectural Balance 0056 Edwards Village Blvd. Suite 210 Edwards, CO 8132 fax: (970) 766-1471 email: tab@vail.net www.tabassociates.com (970) 766-1470 Civil Engineer Structural Engineer Mechanical Engineer Electrical Engineer Revisions: Issue Dates: Sheet Title: Project No: Sheet No: Associates Alpine Engineering 970-926-3373 xx MC G R A D Y A C R E S 86 P o s t B o u l e v a r d Av o n , C O , 8 1 6 2 0 No Description Date ENGINEERING INC. 34510 HWY 6 I UNIT A9 I PO BOX 97 EDWARDS CO 81632 I 970.926.3373WWW.ALPINECIVIL.COM 07/30/21 - MDP 12/15/21 - resubmital C1.3 Vehicle Turning O: \ A v o n \ M c G r a d y A c r e s - 2 0 2 1 \ d w g \ M a s t e r \ A u t o t u r n - M c G r a d y . d w g , W e d F e b 9 1 5 : 0 2 : 3 7 2 0 2 2 , A u t o C A D P D F ( H i g h Q u a l i t y P r i n t ) . p c 3 Attachment G PRELIMINARY DRAINAGE REPORT ______________________________________ MCGRADY ACRES 86 POST BLVD AVON, COLORADO ______________________________________ AUGUST 2021 Attachment H PRELIMINARY DRAINAGE REPORT ______________________________________ MCGRADY ACRES 86 POST BLVD AVON, COLORADO ______________________________________ AUGUST 2021 Prepared for: - - Prepared by: Alpine Engineering, Inc. P.O. Box 97 Edwards, Co 81632 (970) 926-3373 Attachment H August 2021 Preliminary Drainage Report for McGrady Acres i TABLE OF CONTENTS I. Introduction ................................................................................................................1 II. Drainage Basins .........................................................................................................1 III. Hydrologic Criteria ....................................................................................................1 IV. Detention and Water Quality .....................................................................................2 V. Floodplain ..................................................................................................................2 VI. Sediment and Erosion Control ...................................................................................2 VII. Conclusion .................................................................................................................3 VIII. Exhibit A – Summary of Developed Flows IX. Appendices: Appendix A – Town of Avon – Rainfall Intensity-Duration Curve Appendix B – UDFCD Recommended Runoff Coefficients Appendix C – Manning’s Equation Calculator for Pipe Capacity X. Maps: Sheet DAM – Drainage Area Map, , 1” = 30’ Attachment H August 2021 Preliminary Drainage Report for McGrady Acres 1 I. INTRODUCTION The proposed McGrady Acres development is located at 86 Post Blvd. in the Town of Avon, Colorado. The site is north of and adjacent to the Eagle River near Highway 6 approximately one-third of a mile south of Interstate 70. It is currently grass, pavement and has a few trees and existing buildings. Proposed for the site are townhomes and associated parking on approximately 3.35 acres on Lot 3 and Lot 6 McGrady Acres. Historic drainage patterns will be generally maintained, and stormwater runoff will be directed into water quality vaults for water quality treatment. Runoff flows to the Eagle River. II. DRAINAGE BASINS Drainage basins to each inlet have been delineated on the Drainage Area Map (Sheet DAM in the map section of this report). There is no significant drainage area entering the site from offsite. III. HYDROLOGIC CRITERIA The Rational Method was used to calculate flows to determine pipe sizes. The Town of Avon IDF curve was used to determine the 25-year and 100-year rainfall intensities. A copy of the IDF curve may be found in Appendix A. The time of concentration (Tc) path was short so a minimum 10-minute Tc was used in all calculations. Runoff coefficients were taken from the Denver Urban Drainage and Flood Control District (UDFCD) recommended runoff coefficients Table 3-1 for multi-family attached units. Table 3-1 may be found in Appendix B. Manning’s Equation results showing that a 12” HDPE at 2.0% slope has a capacity of 6.5 cfs are included in Appendix C to verify that 12” HDPE pipe was adequate for storm sewer flows for the major Attachment H August 2021 Preliminary Drainage Report for McGrady Acres 2 (100-year) storm. A summary of the Rational Method results and the calculations may be found in Exhibit A. IV. DETENTION AND WATER QUALITY The site is directly adjacent to the Eagle River and the increase in flow from the site will not have an impact on the much larger Eagle River flow. Therefore, detention is not recommended for the site. Water quality treatment will be provided by hydrodynamic separator water quality vaults. V. FLOODPLAIN The floodplain delineation has been shown on the topographic survey by others and is between 20 and 30 feet vertically below the site and will not be impacted by the proposed development. VI. SEDIMENT AND EROSION CONTROL An erosion and sediment control plan has been prepared for the project to limit the transportation of sediments from the site during construction. Devices that may be used during construction to prevent sediment-laden runoff from leaving the site include stabilized construction entrances, wattles, silt fence, straw bales and sediment traps. All ditches, cut slopes, fill slopes and disturbed areas are proposed to be revegetated. A Colorado Department of Public Health and Environment (CDPHE) NPDES Stormwater Discharge Associated with Construction Activity permit will be obtained for the site. A Stormwater Management/Best Management Practices (SWMP) plan and permit application will be prepared for the development. Attachment H August 2021 Preliminary Drainage Report for McGrady Acres 3 VIII. CONCLUSION The Rational Method has been utilized for pipe sizing. Storm sewer pipes are adequate for the major storm. Detention of stormwater is not recommended since the peak flow from the site will be gone by the time the peak flow from the Eagle River reaches the banks of the site. The flow from the Eagle River will be much greater than the flow from the site so the runoff from the site will not impact the floodplain of the Eagle River. Hydrodynamic separator water quality vaults will provide water quality treatment of stormwater. Attachment H Exhibit A Summary of Developed Flows Attachment H BASIN AREA C25 I25 Q25 C100 I100 Q100 (acres)(cfs)(cfs) 3 0.05 0.75 3.25 0.12 0.80 4.35 0.17 4 0.29 0.75 3.25 0.71 0.80 4.35 1.01 TOTAL 0.34 0.83 1.18 8 0.01 0.75 3.25 0.02 0.80 4.35 0.03 10 0.46 0.75 3.25 1.12 0.80 4.35 1.60 11 0.04 0.75 3.25 0.10 0.80 4.35 0.14 13 0.21 0.75 3.25 0.51 0.80 4.35 0.73 14 0.01 0.75 3.25 0.02 0.80 4.35 0.03 15 0.76 0.75 3.25 1.85 0.80 4.35 2.64 Total 1.49 3.63 5.19 Storm Sewer McGrady Acres RATIONAL METHOD SUMMARY Q = C * I * A O:\Avon\McGrady Acres- 2021\dwg\Drainage\Rational\McGrady-Rational.xls Q (2) 8/18/2021 Attachment H APPENDIX A Town of Avon – Rainfall Intensity-Duration Curve Attachment H Town of Avon Residential, Commercial, and Industrial Design Review Guidelines Page 62 Adopted November 6, 2001 Attachment H APPENDIX B UDFCD Recommended Runoff Coefficients Attachment H Attachment H APPENDIX C Manning’s Equation Calculator for Pipe Capacity Attachment H 8/18/2021 Free Online Manning Pipe Flow Calculator www.hawsedc.com/engcalcs/Manning-Pipe-Flow.php 1/1 Manning Formula Uniform Pipe Flow at Given Slope and Depth Check out our spreadsheet version of this calculator   Download Spreadsheet   Open Google Sheets version   View All Spreadsheets Printable Title Printable Subtitle Inputs Pipe diameter, d 12 in Manning roughness, n .01 Pressure slope (possibly ? equal to pipe slope), S .02 rise/run Percent of (or ratio to) full depth (100% or 1 if flowing full)1 fraction Results Flow, Q (See notes)6.5495 cfs Velocity, v 8.3393 ft/sec Velocity head, h 1.0808 ft H2O Flow area 0.7854 ft^2 Wetted perimeter 3.1416 ft Hydraulic radius 0.2500 ft Top width, T 0.0000 ft Froude number, F 0.00 Shear stress (tractive force), tau 0.3121 psf Notes: This is the flow and depth inside the pipe. Getting the flow into the pipe may require significantly higher headwater depth. Add at least 1.5 times the velocity head to get the headwater depth or see my 2-minute tutorial for standard culvert headwater calculations using HY-8. 0 0 v Attachment H Attachment IAttachment I Attachment I Attachment J Attachment J 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: Employee Housing Mitigation for McGrady Acres DATE: March 16, 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 a two bedroom unit within the development to meet the Employee Housing Mitigation requirements. As proposed, the to-be-determined unit would be purchased by the Applicant prior to the first temporary certificate of occupancy for the project after Town Council reviews the unit. 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. Deed restricting a 2-bedroom unit within the development would mitigate for 2.25 employees per the Employee Housing Mitigation requirements. 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 [2-bedroom, 2 bathroom unit in McGrady Acres], 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 approve the Employee Housing Mitigation Plan for McGrady Acres, with the following conditions: 1. Town Attorney to approve deed restriction agreement, consistent with MiCasa form agreement. Page 2 of 2 2. Deed restriction will be approved, and Deed Restriction recorded prior to the certificate of occupancy or temporary certificate of occupancy, whichever is earlier. RECOMMENDED MOTION: “I move to conditionally approve the Employee Housing Mitigation Plan for McGrady Acres Enclave as outlined in the Staff Report.” Thank you, Matt ATTACHMENTS: A - Letter from Property Owner, dated March 16, 2022 March 16, 2022  Town of Avon, Colorado  Town Council    Re: Employee Housing Mitigation    Mayor Smith‐Hymes and Council Members,  Thank you for your review and consideration of our Preliminary Subdivision for our townhouse  project at 85 and 96 Post Blvd. With regard to the Inclusionary housing requirement, we are  proposing the following.    Per Avon Municipal Code the Subdivision is subject to Employee Housing mitigation standards  as outlined in the Avon development Code Section 7.20.100. Per code the calculation is  Residential job generation is .33 workers per dwelling unit. This project is 24 units so it will  generate 7.92 employees. Based on a factor of 1.2 jobs per employee and 20 percent total  mitigation required the project must mitigate 1.3 employees.  A studio unit of 500 square feet  mitigates 1.25 employees, a one bedroom of 750 square feet mitigates 1.75 employees.     We propose that Eagle River Homes, LLC add the attached deed restriction to the  unit 2E which  is a 2 bedroom 2 bathroom home with attached garage. This exceeds the requirement..  Thank you again for your time and I look forward to working with you in the coming years.     Sincerely,    Andrea McMillen      Attachment A 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Ord 22-04 Department Consolidation DATE: March 16, 2022 SUMMARY: This report presents Ordinance No. 22-04 to consolidate Departments. Specifically, this Ordinance will result in consolidating General Government, Finance and Human Resources into one General Government Department. This is Phase II of implementation of Department consolidation that was presented in Fall of 2021. Phase I consolidated Public Works, Engineering, Mobility and Fleet into one Public Works Department. I am recommending that Town accelerate implementation of Phase II due to the following circumstances: • Our previous Finance Manager left at the beginning of 2022. The Finance Department would benefit from a Deputy Town Manager that could assist with overseeing Finance Department goals and projects which go beyond basic Finance Department Operations. • The Finance Department and Human Resources Department currently have vacancies that have remained unfilled for several months (Accountant I and Human Resource Generalist). • The recruitment period for a Deputy Town Manager is expected to take several months. My recommendation as the Town Manager is to consolidate from 10 Departments to 5 Departments and create two high level leadership positions – Public Works Director and Deputy Town Manager. Please see ATTACHMENT B for Phase II Organization Charts. BACKGROUND: Council has recognized that the number of existing Departments and direct reports to the Town Manager is not ideal or efficient. Exploration of department re-organization to consolidate Departments and reduce the number of direct reports has been an identified goal for 2½ years. Department consolidation has been actively researched and discussed internally with current Department Directors. Avon has amended Departments several times in the past 20 years. This is a chronology of the changes: 2002 Established 9 Departments: Administrative Services, Finance, Human Resources, Community Development, Engineering, Public Works, Police, Recreation and Transportation. Ord 02-04 (NOTE: Human Resources did not have a department director from 2008 through 2015. Patty McKenny served as Town Clerk and Director of Administrative Services and oversaw Human Resources). 2013 Established 8 Departments; created Parks and Recreation Department and eliminated Human Resources Department: Administrative Services, Finance, Community Development, Engineering, Public Works, Police, Parks and Recreation and Transportation. Ord. 13-04 2015 Established 10 Departments, added Human Resources and Fleet: General Government (formerly Administrative Services), Finance, Human Resources, Community Development, Engineering, Public Works, Fleet, Police, Parks and Recreation and Transportation. Ord 15-08 2017 Changed the name of Transportation Department to Mobility Department. Ord. 17-21 POLICY CONSIDERATION: The goals of department consolidation include: Page 2 of 5 1. Improve strategic leadership, improve implementation of Council direction and goals, and extend our forward thinking into meeting the needs of a growing community. 2. Improve coordination across existing Departments, especially coordination of design of new public infrastructure with efficient operations and maintenance of such infrastructure. 3. Reduce the number of direct reports to the Town Manager to improve the ability of the Town Manager to provide strategic guidance and direction, allow the Town Manager to effectively allocate time towards regional issues and partnerships, and allow greater attention towards advancing a culture of excellence in the organization. 4. Create Town Manager succession positions. Both the Public Works Director position and a future Deputy Town Manager Position should possess credentials that would establish these positions as succession candidates for the Town Manager position in the future. SPAN OF CONTROL: “Span of Control” is the term used in executive management structures to describe the number of director reports to any one manager. A variety of management articles and recommendations suggest a range of 5 to 9 direct reports and recognize 7 as a decent number. “Around five direct reports seems to be the optimum number, according to Mark and Alison, although there are some scenarios where up to nine can work. When it comes to the senior team in a company, however, too many people reporting directly to the owner manager can really hold the business back. Alison recalls working with someone who had 13 people reporting directly to her. ‘She had to do 13 appraisals at the end of every year!’ she says. ‘It simply wasn’t an effective use of her time. She was a superb client-facing leader and developing client relationships was where she needed to focus to grow her business.’” People Puzzles - I've got too many direct reports! A larger number of direct reports is appropriate for organizations which have routine, re-occurring operations while a smaller number of direct reports is recommended for organizations with a high level of innovation and implementation of new programs and policies. “Dynamic environment The final element in determining the ideal ratio of direct reports to managers is to evaluate how dynamic the work or market environment is. As a rough rule, the more dynamic things are, the narrower the span of control should be. For example, if you operate in the tech industry, where new products are coming out monthly or even weekly, you risk overloading your managers by having too many people reporting to them. The opposite is true, of course, if you work in a very predictable and stable environment.” Inc. How Many Direct Reports Should You Have? The proposal to consolidate Departments from 10 Departments to 5 Departments is in response to a clear desire by Council for Avon to innovate, rapidly implement new programs and projects, and advance a culture of excellence. Page 3 of 5 NEAR TERM AND LONG TERM GOALS: A question was posed to me if it is better to propose a reorganization structure that best fits the talent and experience of existing Department Directors or if it is better to propose a structure that is the most effective for the Avon community over the long run. The answer is that it is best to meet both goals. It is the intention of this reorganization plan to create a more nimble organizational structure that can improve and implement best practices and advance a culture of excellence in Town government WHILE implementing these reorganization changes at a pace that is the least disruptive to the current structure AND continuing to utilize the existing Department Director talent and leadership that Avon enjoys. It is my intention and hope that this reorganization will create an efficient and effective leadership structure that will function best for the Town of Avon for the next ten years and beyond. INTERNAL REVIEW: The goal to implement department consolidation was introduced to the existing Department Directors and the larger Leadership team in fall of 2020. The goal was raised again in early 2021. I asked Department Directors to meet as a team without to discuss Department consolidation and present their perspective and recommendations. The Department Directors presented a reorganization plan that created a consolidated Public Works Department consisting of Public Works, Engineering and Fleet and a Deputy Town Manager position overseeing a consolidated General Government and Human Resources Department. As proposed by the Department Directors, Finance and Mobility would continue as separate Departments. I appreciate the proposal by Department Directors and agree with several elements of the proposal; however, I believe Mobility should become part of a consolidated Public Works Department to best coordinate transit and multi-modal planning with future development and construction and believe that Finance should become part of a consolidated General Government Department to better implement long- range financial planning. Another important consideration for me is that both of the Department Director positions for consolidated departments benefit from overseeing the scope of Town functions as potential Town Manager succession candidates. PEER COMMUNITY REVIEW: The department organization or our peer communities is as follows; Breckenridge: 7 Departments – Administration, Community Development, Finance, Golf, Public Safety, Public Works, Recreation. NOTE: Breckenridge currently has a consolidated Public Works Department that is similar to the Phase I Department consolidation proposal presented in this report. Frisco: 6 Departments – Community Development, Finance, Public Works, Police, Marketing & Communications, Recreation and Culture. Silverthorne: 5 Departments – Administration, Community Development, Public Works, Police, Recreation & Culture. NOTE: Silverthorne has a very similar structure as proposed for Phase I and Phase II Department consolidation. Snowmass: 10 Departments – Administration, Finance, Community Development, Public Safety, Housing, Transportation, Tourism, Parks & Recreation, Public Works, Human Resources. Telluride: 9 Departments – Administrative, Finance, Town Clerk, Marshall, Rental Housing, Public Works, Parks & Recreation, Planning & Building, Historic Preservation. NOTE: Telluride currently has a consolidated Public Works Department that is similar to the Phase I Department consolidation proposal presented in this report. Page 4 of 5 Vail: 13 Departments – Police, Fire, Public Works/Transportation, Community Development, Library, Town Clerk, Human Resources, Communications, Finance, Housing, Information Technology, Economic Development, Environmental Sustainability. NOTE: Vail currently has a consolidated Public Works Department that is similar to the Phase I Department consolidation proposal presented in this report. ENGAGEMENT PRACTICES: Consolidating departments and reducing the number of direct reports can have the potential for reducing engagement from the Town Manager. I practice different forms of engagement with different size groups. The reduction of direct reports is not intended nor expected to reduce engagement. In other words, I have no intention, nor do I think it is appropriate or effective, to limit and isolate my engagement to 5 Department Directors. See ATTACHMENT D for Engagement Chart. INCREASED STAFF WORKLOAD: Avon staff has experienced an increased workload over the last two years which directly impacts most Departments. New streetscape and landscaping improvements, the introduction of ice skating, dramatic increase of public usage in Harry A. Nottingham Park and full calendar of Special Events has increased the workload for Public Works. Construction of public improvements and facilities has increased the workload for Engineering. The implementation and increase of Town’s marketing activities for Town produced Special Events, implementation of Mi Casa Avon housing program, community survey, and climate action collaborative participation have all increased the workload for General Government and Finance. COVID-19 safety protocols and the increased rate of employee turn- over throughout Town has increased the workload for Human Resources. Execution of the 2022 Department Goals along with the increase of general activity in Avon will keep all existing Department Directors plenty busy. Due to the increase in workload over the last two years, I would not recommend eliminating or reducing any existing Department Director positions in 2022 with regard to current job descriptions and salary ranges. The Department Reorganization will result in changes to titles and changes to the chain of command and reporting, but will not result in any significant changes to job descriptions, duties and responsibilities of existing Department Directors. FINANCIAL CONSIDERATIONS: Council expressed a preference to not increase the cost of executive level personnel as part of a department consolidation. A direct comparison of “before and after” is difficult because there are many variables and changes over the last two years. It seems most appropriate to use a comparison of the salary of Directors that existed in fall of 2019 to this Phase I reorganization proposal. As of this fall, the General Government Director position and the Fleet Director position are vacant and the Recreation Director position is filled with an interim position. The ‘hold’ on filling any existing vacancies was intentional to allow opportunity for implementation of department consolidation. At this time, executive level expenditure is $247,045 less than in fall of 2019. The addition of a Public Works Director position to oversee a consolidated Public Works Department would result in $87,045 less expenditures than in fall of 2019. The proposed allocation of this salary is 60% General Fund and 40% CIP Fund, which would result in a net expenditure to the General Fund that is $151,045 less than fall of 2019. In comparison to fall of 2019, Phase II Department Consolidation to implement a Deputy Town Manager position will result in a net expenditure increase to the General Fund that is $9,000 more than fall of 2019. Both the Public Works Director and Deputy Town Manager cost estimates are based on mid-point salary range hiring assumptions. A budget increase is not anticipated for 2022 with creation of the Deputy Town Manager position. The intent is that a budget increase for overall leadership positions costs in the consolidated General Government Department will not proposed for the 2023 calendar year other than merit increases. Page 5 of 5 RECOMMENDATION: I recommend approval of Ordinance No. 22-04 Amending Avon Municipal Code Section 2.02.010 – Departments Enumerated in order to implement Phase II of Department Consolidation. PROPOSD MOTION: “I move to approve Ordinance No. 22-04 Amending Avon Municipal Code Section 2.02.010 – Departments Enumerated.” Thank you, Eric ATTACHMENT A: Ordinance No. 22-04 Department Consolidation ATTACHMENT B: Phase II Department Consolidation Organization Chart ATTACHMENT C: Organization Charts from Peer Communities ATTACHMENT D: Town Manager Engagement Diagram Ord 22-04 Amending Section 2.02.010 – Departments Enumerated Page 1 of 3 ORDINANCE NO. 22-04 AMENDING AVON MUNICIPAL CODE SECTION 2.02.010 – DEPARTMENTS ENUMERATED WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Section 8.8 – Administrative departments of the Avon Home Rule Charter provides that Council shall consolidate departments upon recommendation of the Town Manager; and WHEREAS, consolidation of Department and reduction of direct reports to the Town Manager has been studied over the last two years; and WHEREAS, consolidation of Public Works, Engineering, Mobility and Fleet into one Public Works Department will promote efficiency and coordination across these existing departments, and will thereby improve the effectiveness of providing government services and overseeing the design, construction and maintenance of public facilities and infrastructure; and WHEREAS, the Town Council finds that consolidation of the will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Repealed and Re-enacted. Avon Municipal Code Section 2.02.010 – Departments enumerated is hereby repealed in its entirety and re-enacted to read as follows: 2.02.010 – Departments enumerated. The administrative departments of the Town shall be as follows: ATTACHMENT A: ORD 22-04 Department Consolidation Ord 22-04 Amending Section 2.02.010 – Departments Enumerated Page 2 of 3 (a) General Government (b) Community Development (c) Public Works (d) Police (e) Recreation Section 3. Transition and Implementation. The Town Manager is authorized and directed to administer the transition from existing departments to consolidated departments in a manner and timeframe which is efficient and which minimizes disruption in the Town Manager’s discretion. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as ATTACHMENT A: ORD 22-04 Department Consolidation Ord 22-04 Amending Section 2.02.010 – Departments Enumerated Page 3 of 3 remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 9. 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 March 22, 2022 and setting such public hearing for April 12, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY:_________________________________ ATTEST:___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 12, 2022. BY:_________________________________ ATTEST:___________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________________ Karl Hanlon, Interim Town Attorney ATTACHMENT A: ORD 22-04 Department Consolidation Council Elected by Citizens - 7 Members Council appoints Mayor, Legal Counsel, Municipal Judge, Town Manager, Boards, Commissions and Committees Council serves as Local Liquor Authority, Board of Adjustments, and Board of Directors for Avon Urban Renewal Authority Town Attorney Municipal Prosecutor Special Legal Counsel TOWN MANAGER Oversees Departments and Personnel, Prepares Budget, Administers Contracts, Implements Policies and Projects as Directed by Council Municipal Judge Avon Citizens Home Rule Charter adopted and amended by Avon voters Community Development Planning & Zoning Commission (PZC) Culture, Arts & Special Events Committee (CASE) Finance Committee Health & Recreation Committee DEPARTMENTS Police Human Resources Recreation Public Works General Government Town Clerk Communications & Marketing CASE Municipal Court Building Inspections Finance Information Technologies Risk Management Planning Engineering Building & Facility Maintenance Custodial Services Admin Patrol Recreation Programs Admin Council Support Investigations Public Operations Fleet Maintenance Admin ORGANIZATIONAL CHART PHASE II Mobility Citizens of the Town of Breckenridge Mayor & Town Council Advisory Boards, Panels, and Commissions Municipal Court Judge Prosecuting Attorney Town Attorney Town Manager and Assistant Town Manager Administration Community Development Finance Golf Public Safety Public Works Recreation Government The Town of Breckenridge is a political subdivision of the State of Colorado organized as a Home Rule Municipality with a Council-Manager form of government. The Town's legislative authority is vested in an elected seven-member Town Council, which includes the Mayor. The council shall determine policies, enact local legislation, adopt budgets and appoint the Town Manager. The Town Manager shall execute the laws and administer the town government. Advisory Boards, Panels, and Commissions In addition to the Town Council, there are volunteer Citizen Advisory boards, committees, and panels that advise the Town Council on the proper course of action on any number of subjects. Through this system, civic-minded citizens can get involved in Town government. The Town, in turn, benefits from citizen knowledge, experience, and expertise. Breckenridge Open Space Advisory Commission (BOSAC): A Town Council-appointed advisory body that helps oversee the Town’s Open Space program. The Town’s Open Space program was established in 1997 when Town voters approved a 0.5% sales tax to be dedicated exclusively to open space acquisition and management. BOSAC is responsible for reviewing open space activities including property purchases, forest management, trail construction and maintenance, natural area research, and more. BOSAC develops and approves annual work plans and provides budgetary recommendations for Town Council consideration. BOSAC members are appointed for two-year terms by Town Council. Liquor & Marijuana Licensing Authority: Conducts public hearings for consideration of all applications relating to new alcohol beverage and marijuana licenses; the consideration of a change of location for a current license; alleged violations of the Colorado Liquor and Beer Codes; and controversial issues pertaining to the liquor/marijuana licensing process and/or laws. 26 ATTACHMENT C: Peer Community Organization Charts 25 communIty develoPment dePartment Town Attorney Prosecuting Attorney Municipal Court Judge town councIl Marketing Special Events Information Center recreatIon and cultural dePartment organIZatIonal chart cItIZens oF FrIsco Town Manager Boards & Commissions Town Clerk Executive Assistant Planning Zoning Building PuBlIc worKs dePartment Streets Buildings Fleet Grounds Water FInance dePartment Audit Budget Revenue Human Resources Payroll Accounts Payable Utility Billing PolIce dePartment Administration Municipal Court Law Enforcement Investigation Adventure Park Marina Historic Park Summer/ Winter Programs & Activities Athletic Events marKetIng & communIcatIons dePartment For more detailed information, please refer to the individual department organization charts in the Policy Questions section. ATTACHMENT C: Peer Community Organization Charts Town of Silverthorne Organizational Chart The Town of Silverthorne’s form of municipal government is known as the council-manager government per the Home Rule Charter. The Town Council shall “enact local legislation, adopt budgets, determine policies and appoint the Town Manager who shall execute the laws and administer the Town government.” The following organizational charts reflect the Town Council as elected by the citizens of Silverthorne and complying with federal and state law. The Home Rule Charter provides for boards as appointed by the Council and a six-member Planning Commission which is responsible for long range community planning (Comprehensive Plan implementation). The second chart highlights the key policy documents the Town has adopted, to follow when making operational and long-term community decisions. STATE LAW CITIZENS FEDERAL LAW SILVERTHORNE TOWN COUNCIL Ann-Marie Sandquist - Mayor JoAnne Nadalin – Mayor Pro-Tem Kelly Baldwin - Council Member Derrick Fowler – Council Member Robert Kieber – Council Member Kevin McDonald – Council Member Tanya Shattuck – Council Member PLANNING COMMISSION Michael Bohlender Les Boeckel Jenny Gloudemans Michael Molloy Donna Pacetti Natalia Ruiz Rob Murphy TOWN ATTORNEY Karl Hanlon MUNICIPAL COURT JUDGE Ron Carlson TOWN MANAGER Ryan Hyland ADMINISTRATIVE SERVICES Financial Administration Public Policy & Administration Human Resources Economic Development Municipal Court PUBLIC SAFETY Community Policing Law Enforcement Inter-Agency Cooperation Public Assistance Administration PUBLIC WORKS Street Maintenance Parks Maintenance Utilities Maintenance Capital Projects Mgmnt New Development Review Fleet Management Facilities Maintenance COMMUNITY DEVELOPMENT Long Range Planning Current Planning Building Code Zoning Code GIS/MIS Administration RECREATION & CULTURE Trails Open Space Recreation Center Park Development Town Pavilion Performing Arts Center TOWN ATTORNEY Suzanne Rogers Page 20 of 204 ATTACHMENT C: Peer Community Organization Charts Organizational Chart 2019-2020 The Citizens Town Council Town Manager Assistant Town Manager Finance Department Community Development Department Public Safety Department Housing Department Transportation Dept. Snowmass Tourism Department Public Works Administration Road Solid Waste Fleet Services Town council, Grants & Donations, Special Projects, & Town Attorney Administration Administration, Community Relations, Legislative Support, Town Clerk, Information Systems & Court Finance, Personnel & Risk Management Planning Building Administration, Patrol & Code Enforcement Administration, Bus Program, Parking Program & Parcel C Housing Apartments & Carriage Way Marketing & Special Events Group Sales Facilities Maintenance Parks and Recreation Human Resources 21 ATTACHMENT C: Peer Community Organization Charts Town of Telluride Organizational Chart - 2020 Citizens of Telluride Mayor & Town Council Town Attorney Town Manager Municipal Judge / Legal Assistant Program Director Hearing Officers Open Space Rangers Finance Town Clerk's Marshal's Administrative Rental Housing Public Works Parks & Recreation Planning & Building Historic Preservation Department Department Department Services Department Department Department Department Department Finance Director Town Clerk Chief Marshal Admin Director Rental Housing Director Public Works Director Parks & Rec Director Planning & Building Director Historic Pres Director Senior Accountant Assistant Clerks (3) Sergeants (2) IT Coordinator Admin Assistant Administrative Assist. Project Coordinator Planner II Planner I or II Accounting Tech II (1.63) Detective Admin Assistant Maint. Supervisor Facilities Maint Coordinator Admin Assistant Accounting Tech Deputy Marshals (6) Maint. Workers (2) Building Division: Code Enforcement (3) Boarding House Mgr (.63)Street & Utilities Division:Recreation Division: Building Official Executive Assistant Superintendent Recreation Supervisor Building Inspector Admin Assistant Mechanics (2) Recreation Coordinators (2) Building Permit Tech Crew Supervisor Event /Rec Aide Equipment Operators (7) Sports Aides/Coaches Equip.Op.Seasonal (.5) Summer Seasonal Positions Main St Ranger (.5) Parks Division: Water/Wastewater Division: Parks Supervisor Superintendent Assistant Parks Supervisor (2) Plant Operators (4.5) Park Aides (3) Lab Technician (1.5) Seasonal Park Aides Transit Division: Transit Manager Bus Operations Supervisor Lead Shift Drivers Bus Drivers Env. & Engineering Division Manager Town Engineer 60 ATTACHMENT C: Peer Community Organization Charts FIRE COMMUNICATIONS LIBRARY INFORMATION TECHNOLOGY POLICE PUBLIC WORKS / TRANSPORTATION ECONOMIC DEVELOPMENT FINANCE COMMUNITY DEVELOPMENT HOUSING TOWN CLERK HUMAN RESOURCES TOWN MANAGER MAYOR TOWN COUNCIL TOWN OF VAIL CITIZENS ENVIRONMENTAL SUSTAINABILITY MUNICIPAL JUDGE TOWN ATTORNEY 10 ATTACHMENT C: Peer Community Organization Charts TOWN MANAGER STAFF ENGAGEMENT DIAGRAM Department Directors • New Policies • Performance Evaluations • Merit Increases • COVID-19 Policies • Leadership Strategies • Department Goals • Meet as Needed – Once per Month on Average Leadership Team (Directors and managers within each Department) • Review Council meetings • Review Upcoming Council • Review general administrative matters • Ability to Raise Topics for Discussion • Meet on Wednesday after Council meeting and more often as needed Special Projects (Department Directors, managers and others as appropriate) • Meet as Needed • e.g. Vehicle Replacement, Lake Ice Skating, East Nottingham Park Design Department Staff (Town Manager and all staff within a Department) • Meetings for Specific Topics • General Attendance • Sometimes informal lunch meeting • Meet at least once per year, more often as needed Department Directors Individually (one on one, Town Manager and Department Director) • Once a month generally, but sometimes difficult to schedule • Once every other month to review progress on Dept Goals All Staff Meetings • Staff Coffee (monthly) • Annual Employee Picnic • Holiday Party • Annual Pulse Survey ATTACHMENT D: Engagement Diagram 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Matt Pielsticker, AICP, Planning Director RE: Prater Lane License Agreement DATE: March 17, 2022 INTRODUCTION: The first floor of the Seasons at Avon building was purchased by Gibson Avenue Capital, LLC. The Town Council is being asked (“Attachment A”) to consider an indefinite extension to the License Agreement which permits a fenced outdoor playground area for Prater Lane daycare. The License Agreement that grants Prater Lane’s outdoor play area was approved by Avon Town Council on January 27, 2015 (“Attachment B”). So long as the area is properly maintained and kept in good manner, the existing License Agreement contains two conditions for revocation: 1) if daycare use ceases operation, or 2) Avon provides termination notice in the year proceeding construction that necessitates removal. BACKGROUND: The outdoor playground area has been located on the Town’s property (Tract G, Benchmark at Beaver Creek Subdivision) for many years and was allowed on a handshake agreement. In 2014, during the design exercise for Main Street Mall improvements, staff requested that Vail Resorts realign the pre-existing fence for the playground area to facilitate the Main Street Mall Improvements. At that time, it became apparent that there needed to be a legal framework for the playground area located completely on Tract G – Town Property. EXISTING IMPROVEMENTS: The fenced area measures approximately 70’ by 40’ (2,800 sq. ft.) , and is being kept in a maintained manner. Landscaping surrounds the playground area and one tree is locat ed within the fenced area. Page 2 of 2 COMMUNITY DEVELOPMENT GOAL: Community Development’s 2022 Work Goals include planning for the extension of the Main Street Pedestrian Mall. Oversee 351 Benchmark/Recreation Center/Pedestrian Mall planning project: Community Development will steer this planning project, which will tie together previous planning efforts and solidify a direction heading forward for these most significant public properties. Community Development will lead with strategic direction, act as a liaison between consultant services, and public engagement. Staff plans to issue an RFQ for planning services related to this project in the next tw o months. The RFQ will outline the public engagement process and scope of the p roject. It will take several more months to arrive at a defined project. This planning project, and eventual construction plans, may necessitate the removal of the outdoor playground area and extinguishing the existing agreement as outlined. The plans for the Main Street Pedestrian Mall extension could work around the existing play area as suggested by the new Seasons Building owners. The letter (“Attachment A”) essentially requests consideration to remove the termination notice clause for revocation, and only maintain the clause th at would permit outdoor play area use as long as it continues. RECOMMENDATION: The Town Council has several options with respect to this request. Council could direct staff to update the License Agreement purs uant to one of the two suggested design options, take no action and keep the existing agreement, discuss modified terms, or request additional information. As this is a work session, Staff is seeking direction because parameters of the Main Street Mall extension project are being formulated this year. PHOTOGRAPHS: Page 3 of 2 Thank you, Matt ATTACHMENTS: Exhibit A – Letter from Scott Tarbet Exhibit B – Existing License Agreement GIBSON AVENUE CAPITAL, LLC 309 E Paces Ferry RD, #400, Atlanta, GA 30309 March 4th, 2022 Sarah Smith Hymes Mayor – Town of Avon, CO shymes@avon.org (970) 471-5370 CC: Eric Heil RE: Retention of Prater Lane Daycare in Avon, Colorado Daycare Playground Easement Extension & Modification Dear Sarah: Following decades of ownership by Vail Corporation and Gart Properties, my partners and I successfully acquired the Seasons at Avon commercial component on December 8th, 2021. We are thrilled to continue the great stewardship of one of Avon’s premier properties. By way of background, Gibson Avenue Capital and its partners have been acquiring, developing and investing in key properties throughout the Western Slope and plan to continue building a meaningful portfolio of real estate within the region. Over the last couple months, we have been working hard to execute our business plan by investing significant capital upgrading, renovating and bringing Seasons at Avon to a level fitting of the high-quality real estate it sits on. Our goal is simple: To elevate the property to better meet the needs of the local community by delivering a best-in-class environment catering to a synergistic mix of tenants including restaurants, offices, and daily needs services. Since our acquisition, we have successfully completed the following: - New, long-term lease of 7,000 square feet of ground floor office space to “East West Hospitality” - Focus on renewing small business leases at affordable rents including Just Cuts and Group 970 - Budgeting significant capital expenditures to address long term deferred maintenance items - Investing in, and upgrading the condition of 10,000 square feet of existing vacancy to attract high quality, new tenancy to Seasons at Avon. - Aggressively marketing the existing vacancies for lease Our first priority is, and has always been, working collaboratively with Prater Lane Day Care to extend their lease, upgrade the space and ensure that Avon has a more permanent daycare solution. We strongly believe that Prater Lane serves not only as a value-add to the Seasons at Avon, but also as an irreplaceable amenity for the families and residents of Avon. Some recent articles we have reviewed in consideration of extending Prater Lane Day Care are as follows: - Vail Daily article on 12/12/21 about our acquisition of Seasons at Avon and pledge to improve the day care facility (link here) o “That’s why almost the first thing he [Scott Tarbet] mentioned is the company’s intent to keep and improve the Prater Lane day care facility on the northwest wing of the building” - Aspen Times article on 2/13/2022 about childcare in Eagle County (link here) o “Initially, finding the right space and location was Reed’s biggest challenge — alongside lack of local real estate availability, state requirements place many limitations on what space and location makes a suitable childcare center…. the center was immediately met with challenges of high rent” To that end, we are excited to report that Prater Lane Day Care (“Tenant”) and GAC Avon LP, LLC (“Landlord”) have agreed to a long-term lease extension. In an effort to be a good partner to the community, Town of Avon and Prater Lane, Landlord has offered the tenant a below market rent (~20% below GIBSON AVENUE CAPITAL, LLC 309 E Paces Ferry RD, #400, Atlanta, GA 30309 comparable rents) and are providing them $100,000 in tenant improvement allowance to upgrade their space. This commitment by us and Prater Lane ensures that Avon does not lose a much-needed public service that is in short supply and dire need. In order to effectuate the lease extension, we are requesting that the Town of Avon extend the playground easement so long as a daycare or early childhood tenant is actively operating in the space and using the outdoor playground. Although I feel that re-routing the path through our playground and removing the large pine tree could be avoided, we understand and appreciate that the Town of Avon may want to modify the Main Street Mall and are happy to provide the Town with the flexibility to re-configure the shape and dimensions of the existing playground. Our only requests are: 1. Timing of construction is coordinated with Prater Lane to minimize any impact on the kids; 2. The new playground area adheres to all state requirements, the latter of which are mainly size and proximity to the indoor space (i.e. the playground must be adjacent to); and 3. Given the modification of the playground area will be for the Town of Avon’s benefit, not Prater Lane’s, we ask that the town pay for any and all cost associated with the work. Prater Lane spent significant dollars to construct the playground area. To help think through some solutions on the shape and layout of a modified playground, we’ve attached an exhibit hereto for your consideration. This is a critical use to our community and one that is very hard to replicate for a number of reasons. The rapidly escalating prices of real estate have made it all but impossible to provide affordable solutions for critical uses which cannot afford to pay elevated rents. We are very fortunate to be able to address this critical need for Prater Lane Day Care, not only as part of our business plan, but for the Avon community at large. We appreciate your consideration and look forward to your prompt feedback. Best, Scott Tarbet Landlord, Seasons at Avon On behalf of GAC Avon LP, LLC, a Colorado limited liability company GIBSON AVENUE CAPITAL, LLC 309 E Paces Ferry RD, #400, Atlanta, GA 30309 Possible Options for Main Street Mall Configuration TOWN OF AVON RESOLUTION NO. 15 -01 Series of 2015 A RESOLUTION APPROVING REVOCALBE LICENSE AGREEMENT FOR PRATER LANE PLAY SCHOOL AT MAIN STREET MALL, TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION, AVON, COLORADO WHEREAS, the Town of Avon ( "Town ") is the owner of Tract G, Benchmark at Beaver Creek Subdivision ( "Tract G "), and WHEREAS, Vail Resorts is the owner of Prater Lane Day Care and has been using a portion of Tract G for a playground for childcare; and WHEREAS, the Town Council finds that there is not immediate plan for the Town to use the portion of Tract G and further finds that use as an outdoor playground for childcare will benefit children in the Avon community, will promote the viability of a local business by supporting an employee amenity, and will promote the Town's goal to support activity on the Main Street Mall, and therefore, the approval of a Revocable License Agreement for Prater Lane Play School will provide a public benefit. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON THAT the Town Council hereby approves the attached Revocable License Agreement for Prater Lane Play School on Tract G, Benchmark at Beaver Creek Subdivision, Avon, Colorado. ACCEPTED, APPROVED AND ADOPTED January 27th, 2015. AVON TOWN COUNCIL BY: Ulu ATTEST: dJ Vennie Fancher, Mayor Debbie Hoppe, TAAIeArk REVOCABLE LICENSE AGREEMENT THIS LICENSE AGREEMENT ( "Agreement ") is entered into on January 27, 2015 between the TOWN OF AVON, a Colorado home rule municipality (the "Town "), whose address is One Lake Street, P.O. Box 975, Avon, Colorado 81620 and THE VAIL CORPORATION, a Colorado corporation as owner and operator of PRATER LANE PLAY SCHOOL ( "Licensee") whose address is c/o VRDC, PO Box 959, Avon, Colorado 81637, Attn: VRDC Legal, RECITALS A. The Town is the owner of Tract G, Benchmark at Beaver Creek, according to the recorded plat thereof. B. A certain area within Tract G is generally depicted on the attached Exhibit A (the "Town Property ") and designated thereon as " Tenced Area" which is approximately 67 feet by 40 feet in size and which is delineated by an approximately four foot tall iron railing fence. C. Such Fenced Area is adjacent to and used in concert with a unit contained within that certain mixed use building commonly known as The Seasons at Avon building (the "Seasons Building "). D. Licensee desires to enter into this License Agreement so that it may use the Town Property for the purpose of the construction, reconstruction, operation, use and maintenance of certain improvements on the Town Property for an outdoor play area related to children's day care activities (the "Prater Lane Playground'). E. The Town has determined that Prater Lane Playground is a public benefit which provides a safe and secure outside playground for children and is in the best interest of the health, safety and welfare of the greater Avon community. F. The Town has no immediate plans for the use of the Town Property and is willing to allow the Prater Lane Playground use until such time as the Town has plans for the Town Property. G. The Town and Licensee hereby acknowledge and agree a portion of the Prater Lane Playground is on the Seasons Building land and is not subject to this Agreement. AGREEMENT NOW THEREFORE, for and in consideration of the recitals and the mutual covenants, conditions and promises contained herehi, the parties hereto agree as follows: 1. For and in consideration of a fee of $10.00 and other good and valuable consideration, the Town hereby grants to Licensee a license on the Town Property for the Prater Lane Playground use for the Term (defined below). The grant of this license is made subject to the right of the Town to control the hours of use on the Town Property and to impose limitations on its use in comrection Vail Corporation -Town of Avon License Agreement: Prater Lane January 27, 2015 Page 1 of 5 with construction of the Main Street Mall Project and the ongoing maintenance of Main Street Mall and Tract G, provided, however, daring the Term, the Town agrees not to disrupt or halt operations of the Prater Lane Playground between the hours of 7:30 am to 5:30 pm, Monday through .Friday of each week except for temporary emergency repair, replacement or maintenance of utilities which may exist under the Prater Lane Playground. Nothing in this Agreement shall waive or modify any obligation to seek building permits, variances, or other approvals necessary to inept any obligation imposed by law. The Licensee remains obligated to apply for and obtain all necessary permits and approvals, pay all required fees, and comply with all applicable local laws, including but not limited to the provisions of the Avon Municipal Code. 2. The Licensee expressly agrees to, and shall, indemnify and hold harmless the Town and any of its officers, agents, or employees from any and all claims, damages, liability, or court awards, including costs and attorney's fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in comnection with or arising out of any omission or act of commission by the Licensee or any of its employees, agents, partners, or lessees, in encroaching upon the Town Property. hr particular and without limiting the scope of the foregoing agreement to indemnify and hold harmless, the Licensee shall indemnify the Town for all claims, damages, liability, or court awards, including costs and attorney's fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, fine, partnership, or corporation, in connection with or arising out of any claim in whole or in part that all or any portion of the improvements permitted by this Agreement constitutes a dangerous and /or unsafe condition within a public right -of -way. 3. . The Licensee agrees that the Town is not liable, and will not assume any liability, responsibility, or costs, for any damage, maintenance or repair of any improvements erected or maintained by the Licensee under this Agreement. 4. During the Term, Licensee shall maintain in effect Cormnercial General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage (including completed operations) and personal injury (including coverage for contractual and employee acts). The policy shall include the Town as an additional insured and shall include a provision requiring the insurer to give the Town thirty (30) days notice prior to cancellation. Certificates of insurance issued by the insurer shall be filed with the Town within ten 10) days after the date this Agreement is entered into by Licensee, and this Agreement shall not be effective until such certificate is received and approved by the Town. 5. Licensee shall keep and maintain the Town Property in a good, clean and healthful condition, making repairs as necessary at its sole cost and expense, Licensee shall be responsible for snow removal at its sole cost and expense. Licensee may, with consent of the Town staff and at its sole cost and expense, at any time and from time to time make such alterations, changes, replacements, improvements and additions to the Town Property as it may deem desirable. Any such replacements, improvements and additions shall comply with applicable law and ordinance, including the Americans with Disabilities Act. Vnll Corporal ion- Townof Avou License Agreement: Praterrane January 27, 20 r5 Page 2 of 5 6. The term of this Agreement shall cormnence as of the date first written above and shall terminate the earlier of (i) the day that Licensee no longer operates a children's day care facility within the Seasons Building or (ii) the Town has provided the Termination Notice (defined below) to Licensee in the year immediately proceeding the Town's comrnencement of construction for that portion of the Main Street Project which would prohibit and preclude the use of the Prater Lane Playground under this Agreement, and the Expiration Date (defined below) has occurred (the Term"). Written notice of termination of this Agreement from the Town shall be given to Licensee no later than September i in any given year (the "Termination Notice ") and expiration of the License will be effectuated on July 1 of the following year (the "Expiration Date"). Upon termination, and if required by the Town, Licensee shall restore the Town Property to its original condition. 7. Any notice required or _permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth above, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 8. All terms and conditions of this Agreement are considered material. In the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Agreement, the non - defaulting party shall give the defaulting party written notice of such default, and if the defaulting party fails, neglects or refiises for a period of more than sixty (60) days thereafter to cure the default, then the non - defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Agreement and this Agreement shall be of no further force or effect, 9. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party, 10. This Agreement shall not be assigned by the Licensee without the prior written consent of the Town which may withhold its consent for any reason; provided that the Town encourages the Licensee to inform any purchaser of the Licensee's property of the existence of this Agreement and the Town will promptly consider any request by the Licensee for assignment of this Agreement to such subsequent purchaser. 11. It is the intent of this Agreement that the Town shall incur no cost or expense attributable to or arising from the construction, maintenance, or operation of the improvements permitted by this Agreement and that, in all instances, the risk of loss, liability, obligation, damages, and claims associated with the encroaclunent shall be boric by the Licensee. This Agreement does not confer upon the Licensee any other right, permit, license, approval, or consent other than that expressly provided for herein and this Agreement shall not be construed to waive, modify, amend, or alter the application of any other federal, state, or local laws, including laws governing zoning, land use, property maintenance, or nuisance. Vail Corporation-Town of AvmtT.kense Agreement: Prater Lurie Jonuary 27, 2015 Page 3 of 5 12. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to any party, its officials, employees, contractors, or agents, or any other person acting on behalf of a party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. Signature page follows] Vail Corporallon- Town of Avon License Agreement; Prater Lano January 27, 2015 Pago 4 of 5 THE VAIL CORPORATION a Colorado corporation BYc Sr. Vice President and COO - WdYG' STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworo to before me this 9"4— day of rte , 201-0y Sr. Vice President and COO - V*B44The Vail Corporation, a Colorado corporation. fffcial seal, RAM,W. S0" NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134006946r STATE c 2117 TOWN OF AVON By: 5 r L e ie Fancher, Mayor ATTEST: h-dyr l Debbie Hoppe, TWn Clerk STATE OF COLORADO ) ss. COUNTY OF EAGLE ) My commission expires:: ! N tary Public APPROVED AS TO Eric J: Hel , Town Attorney The foregoing document was subscribed and sworn to before me this 0 day of by Jennie Fancher as Mayor of the Town of Avon. My commission expires: 10 Notar PubJy'c Vail Corporation-Town of Avon Llcenm Agreement: Prater Lane January 27, 2015 Page 5 of 5 Prat e r L a n e P l a y S c h o o l Revoca b l e L i c e n s e A g r e e m e n t Exhibit A 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Town Council members FROM: Eric Heil, Town Manager RE: Ord 22-03 Grading Permit Requirements DATE: March 18, 2022 SUMMARY: Avon Staff has worked with Traer Creek LLC to refine the requirements for a grading permit. There is a draft Grading Security and Reclamation Agreement under review; however, review is not finished at this time. I request Council open the public hearing and then continue the Public Hearing to April 12, 2022. This should allow time for review of the revisions to be completed. PROPOSED MOTION: “I move to continue the public hearing for second reading of Ordinance No. 22-03 Amending Grading Permit Requirements to the April 12, 2022 regular Council meeting, to the held at the Avon Town Hall at 5pm, or as soon thereafter as possible.” Thank you, Eric ATTACHMENT: February 22, 2022 Council materials on Ordinance No. 03-22 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. Ordinance No. 2022-03 was passed by Town Council on first reading on February 8, 2022. 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 without 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.” Section J103.1, Permits required, is amended by adding the following sentence: Ordinance 22-03 Amending Grading Permits Page 2 of 3 “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. 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. Ordinance 22-03 Amending Grading Permits Page 3 of 3 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 970.748.4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, Planning Director RE: Swift Gulch Employee Housing Project: Professional Services Contract DATE: March 17, 2022 SUMMARY: For Town Council consideration is a proposal (“Attachment A”) for professional services to design and administer construction documentation of the Swift Gulch Employee Housing Project. Direction from Town Council to proceed with the “Option 1C” (“Attachment B”) (herein now referred to as “Base Services” in the proposal) was received on February 22, 2022. The project would include three apartment building, plus a parking deck on the upper bench of the site, for a total of at least 42 units. The design team includes the original core team (2757 Design Co, Stan Clauson Associations, Inc, and JVA Consulting Engineers), with the addition of BCER. Some variations to the design, and resultant service fees, are presented for consideration in the proposal. STAFF RECOMMENDATION: Discuss the options presented in the proposal and finalize direction for the project. Staff recommends proceeding with action a Professional Services Agreement (“PSA”) for the Swift Gulch Employee Housing Project. Any changes to the PSA should be delegated to the Town Manager and incorporated in the Town’s form PSA attached hereto (“Attachment C”). RECOMMENDED MOTION: “I move to authorize execution of a Professional Services Agreement for the Swift Gulch Employee Housing Project with 2757 Design Co in the amount of $807,000 and revise the project budget to $958,000.” BACKGROUND: After a long history of master plan support for this project, the 2021 Avon Community Housing Plan solidified the Town’s direction to proceed with this important project. In October 2021 the Town Council approved a PSA for Architectural and Engineering Services. The goal of the concept planning phase was to explore site and building layout alternatives to determine project scope and scale. Attached to this report is the final drawing package presented to the Town Council in February, where direction was provided to proceed to a full architectural services proposal and other next steps. DESIGN REVIEW PROCESS: This project is subject to the Town’s Development Code and design review process. Council is the “Owner” and applicant; therefore, Staff will bring design iterations to Council first for review as the Owner, then refer to Planning and Zoning Commission, then bring back to Council for final approval. More information on the design review process will be provided once the schedule is finalized. PRE-CONSTRUCTION SERVICES: Staff has prepared an RFP for professional General Contractor (“GC”) pre-construction services related to the project. This contract will be brought to the Town Council once the Core Team selects a recommended GC through the RFP process. FUNDING: The existing 2021 design contract for the project totals $120,000. At the end of 2021 there were $47,261 in spent funds, and the estimated end fund balance for the Community Housing fund was $1,130,000. Additional contracts will need to be executed for this project in 2022. Known soft cost expenditure estimates are broken down on the following page: Page 2 of 2 Soft Costs Breakdown Cost Conceptual Design $120,000 Pre-Con GC TBD Traffic Engineer TBD Geotechnical $31,000 Full Design & Const Services $807,000 GC for Construction TBD $958,000 The Town Council will need to approve a Resolution in April 2022 to a) carry over the unspent funds from 2021 (estimated $147,739), and b) budget amendment to allocate additional funds for this project. Staff has begun to develop a project pro-forma of project costs and projected revenues. Estimated project costs will be based upon (1) cost estimating for construction and financing with input from a hired GC, (2) projected maintenance and operations cost, and (3) establishment of a reserve and replacement fund. SCHEDULE: The design schedule in the proposal shows a kickoff in April, with potential vertical construction as early as November. With additional time needed for design review and different stages, and the need to secure full project funding, a Spring 2023 start is more realistic for this project. Thank you, Matt ATTACHMENT A: Design Services Proposal ATTACHMENT B: Town Council Design Package, dated February 22, 2022 ATTACHMENT C: PSA Form 2757 design co po box 1764 carbondale, co 81623 2 7 5 7 d e s i g n c o Full Design + Documentation Services Submittal | March 11, 2022 Town of Avon – Swift Gulch Employee Housing Project Dear Town of Avon Staff + Town Council Members, Thank you for considering 2757 design co, Stan Clauson Associates + our consultant team for full design + documentation services for the Swift Gulch Employee Housing Project. We’re excited to continue to contribute to the critical housing need in our mountain towns and appreciate the Town’s attention to do so as well. Our goal is to execute a highly successful project at Swift Gulch and continue these relationships on other Town owned properties. Given our participation in the ongoing Conceptual Design RFP process, that identified and tested the constraints and demands of this specific site, as well as a strong relationship working closely with Town Staff and the CORE Review team - we have gathered a group of design and engineering professionals to complement and complete this project team. We look forward to your feedback on this proposal and to continuing the momentum on this exciting project. Sincerely, erica s. golden, principal, aia, leed ap brian golden, principal, leed ap contact info: erica@2757design.co m: 970.445.7193 1 of 49 Attachment A 2757 design co po box 1764 carbondale, co 81623 2757 design co po box 1764 carbondale, co 81623 2757 design+build co. 2757 design+build co. 417 main street, suite y (po box 1764) carbondale, co 81623 erica stahl golden, AIA, LEED AP principal Erica has 17 years of architectural experience in Colorado. As a Project Architect she has concentrated on multi- family + single family residential as well as commercial projects such as the Aspen Art Museum. Erica was a designer and project architect with CCY Architects for 12 years and a partner at 2757 design co for the past 5 years – she excels at forming trusted client relationships from the initial planning & budgeting stages through the construction process. Erica is passionate about finding elegant, budget conscious + sustainable solutions that blend with their natural environment. Education Syracuse University BArch (5-year accredited architectural degree) Professional Registration Architectural Licensing - License #00402980 LEED AP in Sustainable Building Design & Construction Community Involvement Town of Carbondale Planning + Zoning Commission Selected Projects 2021 Eagle County School District Employee Housing, Edwards, CO FirstBank Basalt - New Construction, Basalt, CO Private Net-Zero Residence, El Jebel, CO 2020 Aspen Snowmass Highlands Ticket Office + Lounge Remodel, Aspen, CO Riverside Dr. Remodel + Addition, Basalt, CO Mountain Queen Condos Fitness + Pool Remodel, Aspen, CO 2019 Habitat Basalt Vista Teacher/Workforce Housing, Basalt, CO Romero Group Offices Tenant Finish – Willits, Basalt, CO HayMax Office Remodel + Expansion, Aspen, CO 2018 Habitat 11th + Grand Duplex Residences, Silt, CO Creek Residence + Interiors, Missouri Heights, Garfield County, CO 2017 Habitat Stevens Park Duplex Residences, Silt, CO Cedar Ridge Ranch Site Design + Approvals (Creative Spaces, Glamping Tents + Events) 2016 Bear Ridge Ranch Remodel + Interiors + ADU + Barn, Pitkin County, Colorado Cottonwood Hollow Residence, Missouri Heights, Garfield County, CO 2013-15 Aspen Art Museum, City of Aspen, Colorado (CCY Architects & Shigeru Ban Architects) Southwest Corner Multi-Family Housing, Telluride, CO (CCY Architects) 2008-12 Aspen Snowmass Gondola Ticket Office, Snowmass Village, CO (CCY Architects) Changbaishan Deer Valley Residences + Rec. Center, Changbaishan, China (CCY Architects) 4 of 49 Attachment A 2757 design+build co. 2757 design+build co. 417 main street, suite y (po box 1764) carbondale, co 81623 oscar carlson, assoc. aia project manager Oscar has been practicing architecture since he moved to the valley in 2011. After completing his education and internships along the east coast he moved to the aspen valley to start his professional career and never left. Since moving to the valley oscar has been involved with all types of architecture and scale of construction, from managing large resort projects to small municipal utility buildings. He enjoys most of all being on site working with consultants coordinating efficient/constructible building solutions that maintain design integrity. When not in the office you can find oscar hiking with his dog, skiing or in the studio getting back into the arts. Education University of Miami, Miami, FL Masters of Architecture (3-year accredited architectural degree) Historic Preservation Certificate Concentration in New Urban Design and Planning Rhode Island School of Design, Providence, RI BA Industrial Design Concentration in the studio arts (Glass) Anderson Ranch Arts Center, Snowmass, CO (work study with the sculpture department) Brown University, Providence, RI (electives in economics) Skidmore College, Saratoga Springs, NY (summer six art program) Professional Experience 2021-current 2757 design+build co, project manager, Carbondale, CO 2015-2021 Poss Architecture, associate, Aspen, CO 2011-2015 Charles Cunniffe Architects, job captain, Aspen, CO 2008&2010 Robert A.M. Stern Architects, Intern, New York, NY Selected Projects 2021 Eagle County School District Affordable Housing , Edwards, CO (2757 design+build co) 2020 Stotts Mill Daycare and Employee Housing, Basalt, CO (Poss Architecture) 2018-2021 Inn at Spanish Peaks (Montage Hotel + Resort), Big Sky, MT (Poss Architecture) 2015-2018 Hokuala resort community (A Timbers Resort), Lihue, HI (Poss Architecture) 2015 Fox Crossing residence, Aspen, CO (Charles Cunniffe Architects) 2013-2015 Mountain Rescue Aspen, Aspen, CO (Charles Cunniffe Architects) 2013 Hopkins Ave Commercial development, Aspen, CO (Charles Cunniffe Architects) 2012 Theater Aspen, Aspen, CO (Charles Cunniffe Architects) 2011-2015 Numerous single-family residences in the Aspen Valley (Charles Cunniffe Architects) 5 of 49 Attachment A Patrick Rawley, AICP, ASLA - Senior Associate Education and Credentials • University of Colorado Denver, MLA/MURP 2007 • St. Mary’s College of California, B.A. 1998• St. Mary Catholic Church, Aspen, Colorado, Building Committee 2016 - current• American Planning Association, Colorado Chapter, Annual Conference Planning Committee, 2019 • American Planning Association, Member • American Institute of Certified Planners (AICP), Certified Planner 025184 • American Society of Landscape Architects • The Field, The Professional Landscape Architects Network, The Confluence of Art and Land Use Politics, or the Journey is Half the Fun. Rawley, Patrick. August 12, 2013 • The Field, The Professional Landscape Architects Network, Marijuana in the Mountains. Rawley, Patrick. June 17,2014 Biography Native of Colorado, Senior Associate Patrick Rawley has been captivated by the fusion of nature and hu- man settlement patterns from an early age. Whether pursuing outdoor activities, studying history, traveling or enjoying the arts, Patrick seeks the common threads that form and enrich the human experience. He enjoys adventures with his wife and three young boys. Patrick graduated from the University of Colorado Denver with dual Master’s degrees in Landscape Architecture and Urban and Regional Planning. He is a member of the American Institute of Certified Planners (AICP) and the American Society of Landscape Architects (ASLA). Prior to graduate school, Patrick worked with a transactional law group that provided experience in the acquisition and disposition of commercial real estate. This led Patrick to his graduate studies and laid a solid background for his education and professional career. Relevent Experience • City of Colorado Springs Historic Preservation Plan Update, Colorado Springs, Colorado An update of the 1993 Historic Preservation Plan, organized and executed an extensive public outreach process, assisted in research, drafting, and editing of the updated historic preservation plan, and per- formed general project management. Adoption of the HistoricCOS plan happened in December 2019. • Lift One Lodge, Aspen, Colorado Preparation and processing of the land use application for the Lift One Lodge and associated public im- provements anchoring the redevelopment of the second winter and summer use portal to Aspen Moun- tain. A private/public partnership with the City of Aspen, Aspen Skiing Company, and the Gorsuch Haus Lodge, the project received a recommendation of approval from the Aspen City Council. • St. Mary Catholic Church Renovation, Aspen, Colorado Provided land use and landscape architectural design working closely with project architect on the res- toration of the historically designated church. Obtained land use approvals for potential expansion of church subgrade meeting hall and oversaw installation of landscape. • Pitkin County, Facilities Management, Pitkin County, Colorado Working closely with the County Facilities Director, provided land use planning for various County owned properties including the Pitkin County Courthouse. • Town of Buena Vista Comprehensive Plan Update, Buena Vista, Colorado Provided community outreach and visioning, assisted in presentations to the community, and drafted sections of the final comprehensive plan document. • Facilities Master Plan, Town of Avon, Colorado Worked closely with Town staff and emergency service providers in crafting a master plan document that provided recommendation on the use of various Town owned properties. • Aspen Airport Business Center and State Highway 82 Grade Separated Pedestrian Crossing Member of team developing a safe and attractive pedestrian crossing of a heavily traveled roadway. 6 of 49 Attachment A Britni Johnson, ASLA - Landscape Designer Education and Credentials • Colorado State University, BSLA 2012 • American Society of Landscape Architects • Council of Landscape Architectural Registration Boards • Carbondale Public Arts and Tree Board Commissions • Novel Cover Art: “First To Find,” by John Taskett • Album Cover Art: “Flight Club,” by artist Zach Daniels Biography Britni Johnson is a landscape designer who holds a Bachelor of Science in Landscape Architecture from Colo- rado State University. She is originally from Rifle, Colorado and has worked in the Roaring Fork Valley with land- scape architecture and engineering firms for the past five years. She is passionate about creating a connection to nature through design as waell as has an interest in how people interact and utilize spaces. Britni spends her free time snowboarding, painting, and traveling. Relevent Experience • Meeker Public Library, Meeker, Colorado Worked closely with the landscape architect to design and monitor the installation of the Historic Meeker Library interior courtyard and entry which provided meaningful outdoor spaces for the Town of Meeker residents. Project completion 2016. • Willoughby Residence, Aspen, Colorado Provided design support as project manager on a year-round outdoor living space for residential clients. Project completion 2015. • Aspen Community School, Woody Creek, Colorado Coordinate with the school board and architects by providing graphic support and field layouts of plant materials. Project created an updated outdoor space that provided connectivity to all new and existing buildings. Project completion 2014. • Missouri Heights Residence, Eagle County, Colorado Worked closely with the project architect and principal of the firm to research and provide a native plant pallette and design for a LEED Gold design of this functioning horse ranch. Project completion 2014. • Iron Mountain Hot Springs, Glenwood Springs, Colorado Worked closely with Glenwood Springs Caverns Adventure Park and contractors as a memberof the design team to design and locate plantings to frame vistas and create privacy for the recreation of a historical hot springs along the Colorado River. Project completion 2015. • Woody Creek Residence Phase 1, Woody Creek, Colorado Researched and field located plant materials to restore native vegetation on two historic parcels. Incor- porated old flood irrigation using existing site topography to create new streams and ponds for wildlife habitats. Project involvement 2013-2016. • High Valley Farms, Pitkin County, Colorado Provided landscape design services to reduce construction impacts to a highly visible project. Project completion 2015. 7 of 49 Attachment A 2757 design co po box 1764 carbondale, co 81623 2757 design co. 2757 design+build co. po box 1764 carbondale, co 81623 March 11, 2022 re: swift gulch full design + documentation services – architectural + interiors + lighting proposal Dear Town of Avon Staff + Town Council, Two Seven Inc. (referred to herein as “2757 design co” or “Architect”) hereby presents you with this proposal dated March 11, 2022 for services as Architect for your project. If this architectural proposal and the consultant proposals included in this submission are accepted by the Town, the Architect will provide an AIA B133-2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition for review/edits by the Town and then execute C401-2017, Standard Agreement Between Architect and Consultant, with all included sub- consultants for the project. Project Description – Architectural + Interiors + Lighting Scope To develop the conceptual design scope as reviewed in the Feb 22, 2022 Town Council Meeting to full architectural design + documentation for permitting and construction of the project. Architectural drawings and specifications to meet all applicable Town of Avon code requirements. Interior design scope to include full interior design + documentation, selection and specifications for all interior finishes and fixtures including interior lighting layout and specifications. See MEP consultant scope for lighting consultation fee to confirm all interior lighting codes and applicable lighting levels are met w/ the design. See MEP scope for exterior lighting requirements to meet all code and safety requirements. Additional clarification below concerning design progress / efficiency evaluation since the Feb. 22, 2022 Conceptual Design Scope – these clarifications and the Feb 22, 2022 package are the basis for this proposal. - buildings 1 & 2 and buildings 3 & 4 will be identical in design to reduce design, engineering and construction costs to (2) unique building designs (site plans, site design and site engineering drawings will need to be unique per building) - buildings 1, 2 & 3 + carport are included as base services - the carport will be structured to as a base for building 4 if building 4 is phased later - building 4, identical to building 3 will not incur additional architectural + interior design services if included in phase 01 of construction, if phased later, an additional service will be proposed by the architect and applicable consultants, see notes below fee schedule indicating which consultants expect additional services for building 4 9 of 49 Attachment A Town of Avon - Swift Gulch Employee Housing - Architecture + Interiors Proposal 2757 design+build co. po box 1764 carbondale, co 81623 based on scope + phasing – building 4 fees to be confirmed and approved if add- scope is accepted - building 0 is not included in this proposal, it would likely be identical to buildings 1 & 2 if pursued in the future and if phased later, an additional service will be proposed by the architect and applicable consultants - construction assumed to be stick-built, if pricing modular or other pre-fab construction systems is considered desirable by the CMGC, the design team will provide an add-service proposal to design/price that option alongside stick-built for comparison - during conceptual design, the design team worked w/ the Town Building Official to confirm an approach to podium construction for the carport levels to avoid elevators, if elevators are added into the project, the design team will submit an additional service request for prior approval - the outlined schedule in this submission provides time for budgeting/pricing and incorporation of adjustments to the design as the project proceeds through the design phases, the architect and consultants will work w/ the owner to bring the project into budget at each phase. The design team will communicate w/ the owner if extensive adjustments to the design are needed based on material and labor escalation which are out of the control of the design team – additional services will be negotiated and approved by the owner if extensive redesign is necessary. - Landscape/Site Amenities in base design proposal include - planted retaining wall areas / terraced grading to mediate grade on east side of site, community garden area w/ raised beds/fencing, all amenities to have ADA compliant access pathway - Amenity Structures included in base design proposal include: (3) Shade structure(s), BBQ terrace on/near carport; Debris flow crossing/pedestrian bridge; Trash/recycling/compost enclosure at each building (separate due to trucking access needs), all amenities to have ADA compliant access pathway Scope of Work and Deliverables The following phases and deliverables are for design and documentation of the project. • Schematic Design evolves the conceptual design scope to a level appropriate for consultants to begin design and engineering. These drawings typically include a site plan, floor plans, roof plan, exterior elevations and building sections. 3D computer models and renderings generated help to facilitate the design intent. Drawing annotated materials are noted to convey design intent at this phase. Given the previous conceptual scope, this phase is abridged, however it is necessary to allow consultants to catch up their design + documentation for accurate CMGC budgeting/pricing at the end of this phase. • Design Development of plans, elevations, sections, details, with material selection and typical assemblies for detailed consultant coordination are progressed during this phase. Draft specifications are included for evaluation w/ the budget/pricing. Interior design and lighting scopes will be progressed during this phase to include interior elevations, schedules of fixtures/finishes and selections. Reflected ceiling plans will be developed to convey interior lighting design layout and will be coordinated w/ the MEP lighting designer as described in the project description. DD pricing to be completed by the CMGC at the end of this phase. 10 of 49 Attachment A Town of Avon - Swift Gulch Employee Housing - Architecture + Interiors Proposal 2757 design+build co. po box 1764 carbondale, co 81623 • Construction Documents include consultant coordinated drawings and specifications appropriate for building permit submission and the construction of the project. These drawings include a site plan, floor plans, roof plan, exterior elevations, building sections, and exterior assemblies and details. Please see broken out phases in the fee schedule pertaining to permit submissions and GMP coordination. • Construction Administration includes weekly site observation during construction of the project, review of shop drawings & submittals and revision documentation as needed during construction. CA also includes final punch listing and closeout. 18 months of construction is accommodated w/ the proposed fee. See fee schedule for additional scopes of services to document the as-built conditions at the completion of the project. Professional Fees The professional services described in this document are proposed per the attached fee schedule and result in an architecture, interiors + lighting fee of $327,230.00. Monthly invoices will be billed at percentages of completion per scope of service / phase as outlined in the fee schedule. Hourly Rates title hourly billing rate principal $165.00 senior project architect $145.00 architect / project manager $125.00 designer / drafting $ 95.00 administration $ 65.00 *The hourly billing rates above may be adjusted annually. If additional items are required which are outside of the scope, approx. size and schedule outlined in this document, they will be billed hourly at the rates noted above. All additional services will be approved by the owner in advance. Reimbursable Expenses This section will be covered in the future AIA contract negotiations – currently the Town and 2757 have a professional services agreement in place. For clarity: Reimbursable Expenses incurred by 2757 design co in connection with the Project are included in the Fee Schedule, these include typical reproduction costs for architectural + consultant coordination use (not permit, approvals or contractor reproduction of drawings) and costs to attend site visits during the duration of the design and construction schedule. Any reimbursable expenses that do not fall within the description above, will be approved in advance by the owner as additional services. Consultants This section will be covered in the future AIA contract negotiations – currently the Town and 2757 have a professional services agreement in place. 11 of 49 Attachment A Town of Avon - Swift Gulch Employee Housing - Architecture + Interiors Proposal 2757 design+build co. po box 1764 carbondale, co 81623 For clarity: Consultants are required for the Project; and are not included in 2757 design co’s fee. All consultants will contract with the Architect per the approved full services fee schedule. 2757 design co will manage each consultant contract by receiving and reviewing invoices, and evaluating the consultant’s percentage of completion (the “Management Services”). The Management Services are included in the architectural fee. In the event that the Owner elects to enter into a contract directly with a consultant, then Owner shall issue payment directly to the consultant and 2757 design co will not perform the Management Services for that contract. Soils reports/ engineering and surveying are to be provided by the Owner – those services are not included in this proposal submission. Instruments of Service This section will be covered in the future AIA contract negotiations – currently the Town and 2757 have a professional services agreement in place. Limitation of Liability This section will be covered in the future AIA contract negotiations – currently the Town and 2757 have a professional services agreement in place. A certificate of insurance will be provided to the town for this project. Termination or Suspension This section will be covered in the future AIA contract negotiations – currently the Town and 2757 have a professional services agreement in place. Payments to 2757 design co This section will be covered in the future AIA contract negotiations – currently the Town and 2757 have a professional services agreement in place. Thank you for your consideration of our proposal and please be in touch with any questions. signed: erica s. golden, principal, AIA, LEED AP brian j. golden, principal, LEED AP 12 of 49 Attachment A 13 of 49 Attachment A 14 of 49 Attachment A 15 of 49 Attachment A 16 of 49 Attachment A 17 of 49 Attachment A 18 of 49 Attachment A 19 of 49 Attachment A a March 17, 2022 Ms. Erica Stahl Golden, AIA 2757 design 417 Main Street Suite Y Carbondale, Colorado 81623 Reference: Avon Swift Gulch Employee Housing Letter Agreement for Civil Engineering Subconsultant Services JVA Job No. 3521c Dear Erica: JVA, Inc. (JVA) has estimated the scope of work and associated fees required to provide civil engineering services to 2757 design (CLIENT). The estimated scope and fees are for the Avon Swift Gulch Employee Housing project at 500 Swift Gulch Road the Town of Avon (Town) as part of your contract with Town of Avon (OWNER). SCOPE OF WORK The scope of services below is based on our discussions to date and review of the information provided. JVA and the design team have worked on the conceptual design of the employee housing building proposed just north of the existing Avon/Beaver Creek Transit and public works buildings on the Swift Gulch site. The site slopes steeply and the valley narrows towards the proposed location of the employee housing buildings. There is an existing dirt road that accesses the upper end of the valley. Adjacent to this road on the west side is a ditch that conveys runoff from the upper valley. There is concern of debris flows from the upper valley. The proposed road will follow the existing road and a ditch will remain on the west side of the proposed road to convey the debris flows. The debris flow quantity will need to be provided by others. Three buildings are proposed on the east side of the proposed access road in this scope of work, with two additional buildings possibly included in this design, but will be added as additional services which has been estimated in the fees section of this proposal. The buildings and site will require extensive retaining walls, the design of which is not included in this proposal. All utilities will tie to the existing infrastructure at the transit center site. Stormwater detention is proposed to be provided by an enlarged basin that currently serves the transit center site located between Swift Gulch Road and I-70. For purposes of this proposal, we have included Basic Services for the development of the site alone. If additional roadway and utility infrastructure is required outside this area, we have assumed that this will be negotiated separately. Based on this information and our understanding of the design efforts required for large residential sites, the civil engineering services anticipated for this project include the following detailed tasks: 20 of 49 Attachment A Avon Swift Gulch March 17, 2022 2 of 5 Schematic Design 1. JVA will assess the existing site conditions in the field and review the topographic survey information provided. We have assumed that detailed site survey and topography will be provided by others. At this time, we will request any additional surveying efforts and determine the need for additional geotechnical studies. JVA will gladly assist the owner with obtaining an updated boundary/design survey, geotechnical report, and traffic study. 2. JVA will provide preliminary grading and investigate drainage issues related to the existing site, and work with architectural disciplines for site layout. We will attend initial contact meetings with Town of Avon and Eagle River Fire Protection District engineers to determine their requirements. We will evaluate the existing public utility system and provide preliminary design of service extensions and connections to available mains. 3. JVA will produce the schematic design plans and narrative, including rough earthwork calculations, required for this phase of design. Two team coordination meetings are anticipated. Design Development Phase 4. JVA will refine the grading to the one-foot contour interval. JVA will design the onsite drainage systems, and coordinate with the design team for sizing and location of drainage structures, including roof, courtyard and foundation drain outfall connections. JVA will refine the layout of the site access and parking areas. We assume the architectural disciplines will address layout and grading at detailed plaza areas and other special site features. 5. JVA will coordinate with the local review agencies, including the Town of Avon utility department and Eagle River Fire Protection District, for private onsite water and sewer services to the buildings and main extensions, and provide coordination drawings for review. We have assumed that the Fire Department will also require review of the proposed facilities and hydrant locations. 6. JVA will produce the design development plans and specifications. We will update the preliminary earthwork calculations with the more refined grading where applicable. JVA will provide quantities and opinions of probable costs for civil engineering components. Three coordination meetings with the CLIENT and other project team members are anticipated. 7. JVA will assist the CLIENT with the Town of Avon review process. We assume the CLIENT or owner will complete applications and pay submittal fees. JVA will submit review drawings for grading & drainage, erosion control, and utilities. JVA will prepare and submit the Final Drainage Report as required by the municipality. We have assumed that this report will address site drainage system design and erosion control issues. Based on our understanding of the site, design of stormwater detention and water quality enhancement facilities are included. Municipal water and sewer review submittals will be prepared by JVA, and approval will be required prior to the building permit approval. 21 of 49 Attachment A Avon Swift Gulch March 17, 2022 3 of 5 Construction Documents 8. JVA will continue to refine the grading from the design development to the final grading required on the site with critical spot elevations provided. Storm sewer inlets, piping, grass-lined swales and drainage features will be designed. Estimated earthwork calculations are anticipated. 9. The water and sanitary sewer connections for the buildings will also be detailed in this phase and submitted for approval from the Town of Avon. A looped water main may be required. Utility profiles will be provided. We will coordinate with mechanical engineer and landscape architect for service taps and meters. JVA will assist owner in the easement process by delineating easements and provided easement CAD files. We assume a licensed land surveyor will produce all required easement legal descriptions and exhibits, and the owner will coordinate the easement submittal process. 10. CLIENT and project mechanical/electrical/plumbing engineer will make contact with gas, electric, telephone, data and other non-municipal utility companies with regard to the utility service extensions, realignment, load sizing, building entry points, and/or undergrounding of said utilities. JVA will work with the CLIENT and design team for related site coordination. JVA will show these non-municipal utilities on our preliminary and final engineering plans based on design information provided by others. Based on our experience, we anticipate the utility companies will perform their own final design and the installation will be coordinated by the contractor. 11. JVA will finalize the design of the sidewalk, parking and access drive extensions for the site and produce a horizontal control plan with signage and striping. We anticipate receiving pavement design criteria from the project's geotechnical consultant. 12. JVA anticipates that the architect, mechanical engineer and/or landscape architect will perform the required design for internal building features including internal roof drains, perimeter and underslab drains, internal plaza areas, internal/below-grade parking areas, sump/pump pits, etc., and that JVA will provide support to these efforts by coordinating exterior connections to adjacent utilities from these internal designs. Perimeter/underdrain and groundwater remediation design and support are not included at this time. 13. JVA will produce the construction plans, technical specifications for pertinent civil engineering sections, and applicable reports, and update the construction opinion of probable cost. We will attend three coordination meetings with CLIENT and other project team members to complete the document review process. 14. Based on our discussions, three public meetings and six staff meetings have been included in this proposal. Bid and Construction Phase Services 15. Bid phase services include attendance at the prebid meeting and addendum preparation. Services during construction comprise of the review of product submittals, change order documentation, and response to contractor information requests for civil engineering related items. Any combination of six site meetings (construction kick-off meeting, site observation visits, and/or punchlist meeting) will also be included during the work 22 of 49 Attachment A Avon Swift Gulch March 17, 2022 4 of 5 progress. Construction record drawings will be produced from contractor submitted records. We have assumed that the CLIENT will provide the lead on all the bidding and construction services for this project. BASIS OF PAYMENT The basis of payment for the scope of work described above will be monthly billings based on the percentage of lump sum completed to date plus reimbursable expenses. Standard reimbursable expenses including mileage, shipping and printing are included in the line item below. Airfare, car rental, meals and lodging are considered extra and shall be billed at 1.1 times direct cost. This amount will not be exceeded without written authorization of the CLIENT. Basic Civil Engineering Services Schematic Design $ 13,872 Design Development $ 20,544 Excavation Permit Coordination $ 6,208 Construction Documents $ 26,880 Bid and Construction Services $ 13,464 Public Meetings $ 4,410 Staff Meetings $ 3,552 TOTAL LUMP SUM FEE $ 89,660 Reimbursable Expenses $ 1,000 Note: The exact scope of work is not known at this early stage of the project. The design of the northern most building, Building 4 is not included in this scope of work, but the civil design fees have been estimated below. Note that this is our best guess at this time and the actual ranges may vary: Design of Building 4 $ 25,000 Exclusions: Services resulting from significant changes to the project scope, significant bid alternate design, rezoning/replatting, and significant site plan changes and additional design work or plans related to field conditions or contractor issues after plans are complete that could not have been reasonably foreseen may require extension of the time scheduled for our work and additional fees. Additional municipal submittals or public hearings required for planning department review and approval will be considered additional services may require extension of the time scheduled for our work and additional fees. Environmental assessment or design efforts for contamination cleanup measures are not included at this time. Vault or rooftop drainage systems are not included at this time. JVA will incorporate the latest in stormwater management low impact development practices when practical; however, LEED support services are not included at this time. 23 of 49 Attachment A Avon Swift Gulch March 17, 2022 5 of 5 SCHEDULE We can begin working with your team immediately and plan to meet required project deadlines. If you are in agreement with the scope in this letter, please provide authorization to proceed and a copy of the standard AIA agreement with this letter attached as an Exhibit. All of us look forward to working with 2757 DESIGN on this project and continuing to build upon our positive past relationships. Sincerely, JVA, Incorporated By: _______________________________ J.R. SPUNG, P.E. SENIOR PROJECT MANAGER Accepted by: 2757 DESIGN ______________________________ Title Date 24 of 49 Attachment A 2757 design co po box 1764 carbondale, co 81623  JVA, Incorporated  JVA, Incorporated  JVA, Incorporated Web site: 1319 Spruce Street 213 Linden Street Ste. 200 PO Box 1860 www.jvajva.com Boulder, CO 80302 Fort Collins, CO 80524 79050 US Highway 40 Ph: 303.444.1951 Ph: 970.225.9099 Winter Park, CO 80482 E-mail: Fax: 303.444.1957 Fax: 970.225.6923 Ph: 970.722.7677 info@jvajva.com Fax: 970.722.7679 TO: Erica Golden DATE March 11, 2022 FIRM: 2757 Design PROJECT: Swift Gulch – Employee Housing Avon, CO AGREEMENT FOR PROFESSIONAL SERVICES Erica: Thank you for considering our proposal for our structural engineering services. Please find our scope and associated fee outlined below. We are basing our scope on the information contained in the concept drawings by 2757 Design dated February 22, 2022 as well as our discussions to date. SCOPE OF BASIC SERVICES: 1. Employee Housing development consisting of 3 residential buildings with tuck under parking and 1 car port suitable to support a future fourth residential building. All buildings will be three story, conventionally wood-framed over a one-story concrete podium. Each concrete podium will support one story of unbalanced fill on the north and east sides. Parking level is at-grade. a. Building 1 and 2 – 17,250 sf each, building footprint is approximately 116’ x 40’ with two stair towers, podium anticipated to be mildly reinforced two-way concrete slab. Each building considered to be the same in size, construction and detailing. b. Building 3 – 13,000 sf, building footprint is approximately 88’ x 40’ with two stair towers, podium anticipated to be mildly reinforced two-way concrete slab. c. Carport – 6500 sf, exposed podium suitable to support future three story residential building. Carport podium and future Building 4 to match Building 3. Exposed podium will be designed to also support snow and assembly loadings. d. Total square footage (not including future Building 4 build-out) = 54,000 sf. 2. Scope to include site walls along east side of all four structures. These walls will likely be a mix of cast- in-place concrete and shotcrete/soil nails. Site walls along the west side of parking areas, south end of Building 1 parking, and BBQ terrace to be of cast-in-place concrete. 3. JVA will coordinate soil nail layout and provide loading at each nail for third-party design. 4. Design of three shade shelters, a trash enclosure at each building, and abutments for prefabricated bridge structure over debris flow swale. 5. The construction budget is approximately $16,000,000 for vertical construction hard costs. This budget does not include site construction or soft costs. 6. A site-specific Geotechnical Report was not available at the time of this proposal. Based on our discussions, this proposal assumes the following: a. Deep foundation consisting of grade beams / walls supported by either micropiles or drilled piers. JVA recommends a drilled pier foundation because of the unbalanced retained earth conditions. b. Floating concrete slab-on-grade at grade-level parking. 7. Design schedule is anticipated to be as follows: a. Design phase to commence in April 2022 and continue through October 2022. b. Construction to commence November 2022 and finish February 2024. 26 of 49 Attachment A Structural Proposal Swift Gulch – Employee Housing Page 2 of 3 8. Design Documents will be produced using REVIT. JVA will incorporate Architect's title blocks and drawing identification. The Architect and JVA, Inc. will share REVIT model/CAD files at major project milestones during the design phase. 9. Coordination meetings are included in the proposed fee and will occur in via Conference Call / Web-ex. 10. Value Engineering shall be an on-going process during Design Development of the project. Services to revise drawings due to Value Engineering decisions made after Construction Documents are underway may be compensated as Additional Services if substantial changes are made. 11. Architect will provide JVA will hard copy or electronic copy of the structural specification sections for JVA’s review and comment. JVA will return marked-up copy or edit the electronic copy and return it to Architect’s spec writer for final editing. 12. Construction Administration services include Permit Services (permit issue and response to building department comments), shop drawing review and construction coordination. During shop drawing review, JVA will return one electronically marked-up set of shop drawings to the OAC team. Construction Administration includes up to four (4) periodic site visits to review the work in progress. Site visits beyond that stated above shall be performed on an hourly basis. Special Periodic Inspection is not within the scope of this Base Fee and shall be performed by an Independent Testing Agency hired by the Owner. 13. Structural Engineering services will be provided in accordance with this Scope of Work and under the terms of the Recommended Standard of Practice of the Structural Engineers Association of Colorado. JVA carries $5M/$5M in Professional Liability Insurance coverage and can meet the requirements of the RFP. CLIENT RESPONSIBILITIES: The proposed fee assumes the Client will provide JVA, Inc. the following items in a timely manner: 1. Site specific Geotechnical Report and Survey. 2. All structurally pertinent mechanical information including: a. Weights. b. Footprint size/configurations. c. Locations. d. Special requirements such as sound isolation, vibration isolation, etc. e. Penetrations through walls, roofs, and floors. ADDITIONAL SERVICES TO BASE FEE: 1. Significant changes in Project scope that occur after this proposed fee is agreed upon. 2. Modular unit construction in lieu of field framing. 3. Alternate Bid Items or early packages. 4. Grade level parking structural slab isolated from the soil 5. Below grade storm vaults. 6. Stair and guardrail design. 7. Design or design checks for elements associated with means and methods of construction, including, but not limited to crane foundations, foundation or support for scaffolding for façade installation, and scissor lifts and miscellaneous equipment operating on the elevated structural slabs. 8. Independent peer review not associated with Building Department’s permitting process. 9. Secondary structure to address the specific needs of a photovoltaic supplier. 10. Pedestrian bridge superstructure over debris flow swale 11. Building 4 wood-framed superstructure 12. Building Zero and future Building 4 Carport 13. Site visits performed beyond maximum number stated above. 27 of 49 Attachment A Structural Proposal Swift Gulch – Employee Housing Page 3 of 3 ITEMS EXCLUDED FROM THE PROPOSED BASE FEE: 1. Construction cost estimates. 2. Storefront and Curtainwall assemblies. 3. Structural design and/or review of construction related systems such as shoring, concrete formwork, temporary bracing, etc. 4. Analysis and design of site related items such as site lighting systems, drainage structures, culverts, etc. not included in scope above. 5. Shotcrete / soil nail retaining wall design 6. Site wall construction types other than reinforced cantilevered cast-in-place concrete noted above (boulder, Redirock, MSE, etc). COMPENSATION Schematic Design $ 22,500 Design Development $ 37,500 Construction Documents $ 67,500 Construction Administration $ 22,500 Total Base Structural Fee $ 150,000 Lump Sum Reimbursable expenses (in addition to Base Fee) $ 1,000 If the project is delayed, a re-start and inflation fee will be negotiated. Thank you for considering JVA, Inc. as your Structural Consultant for this project. We look forward to working with you. If you have any questions, please feel free to call. _____________________ _____ _______ __________________________________ Craig M. Kobe, PE Erica Golden Principal Principal 28 of 49 Attachment A   Structural Engineering 2022 Hourly Billing Rate Schedule      POSITION RATE Principal $184 – $228 Expert Witness $275 Senior Forensic Engineer $220 Senior Project Manager $152 – $184 Project Manager $144 Senior Project Engineer $128 – $132 Project Engineer $116 - $124 Design Engineer II $108 - $116 Design Engineer I $100- $104 BIM Manager $124 Senior BIM Modeler $124 BIM Modeler $92 Administrative Support $100 - $104 Auto travel shall be reimbursed at 58.5¢ per mile or at a rate set by the IRS and billed without markup. 29 of 49 Attachment A March 11, 2022 Erica Golden, AIA Principal 2757 Design 417 Main Street, Suite Y Carbondale, CO 81623 Phone: 970.445.7193 Email: erica@2757design.co RE: Swift Gulch Employee Housing for the Town of Avon Proposal for Engineering Services Dear Erica: Thank you for the opportunity to propose our engineering services for your project. This document defines our understanding of the project’s engineering requirements as they relate to our services, along with our proposed compensation for those services. PROPOSAL SUMMARY The project consists of approximately 36,300 sf of new construction located in Avon, Colorado. The project will include design and construction for employee housing in three 3-story buildings with parking structure below. There will be a total of 45 units, for-rent and approx. 72 parking spaces for units and an additional 23 units for guests and ADA and seasonal parking. Unit parking will require mechanical ventilation. We are proposing engineering and/or consulting services for the disciplines indicated by the colored bullets. Unmarked services are not included at this time but can be provided as additional services. Table 1 – Included Engineering Disciplines Mechanical Electrical Technology Fire Safety (Perf. Spec) Energy Performance ● HVAC ● Power Telecom ● Fire Sprinkler LEED® Certification ● Plumbing ● Lighting Security ● Fire Alarm ● Energy Modeling Audiovisual Smoke Control Commissioning Coordination Healthcare Life Safety Details about our general scope of services, inclusions, exclusions, and assumptions are on the following pages. Specific scope details for each included discipline are in the attachments. 30 of 49 Attachment A Erica Golden, AIA Swift Gulch Employee Housing for the Town of Avon March 11, 2022 2 SUMMARY OF COMPENSATION Fixed Lump Sum $176,200 PROJECT AND SERVICES DESCRIPTION We have formulated our scope of services based on the following information: • 2022.02.25 Swift Gulch concept package, dated February 22, 2022. • 2022_02_28 avon swift gulch employee housing schedule DRAFT, dated February 22, 2022, and updated February 28, 2022. • A verbal overview of the project provided by Erica on March 9, 2022. • An estimated design completion date of October 13, 2022, and construction completion date of February 28, 2024. Project Delivery Method This project will be delivered via the CM/GC (GMP) method. Deliverables General assumptions pertaining to project delivery and phasing, including quantity of submittals per phase, bid packages, cost estimating, and submittal requirements are summarized in the table below. Anything not specifically included in the list below is excluded. Submittals will be provided in electronic format rather than hardcopy. The project will be designed in multiple phased packages as indicated in the table below. Unless otherwise noted, the project will be constructed in one (1) contiguous phase. Design for multiple construction phases is not included. Table 2 – Project Delivery Matrix Su b m i t t a l f o r R e v i e w GM P P r i c i n g P a c k a g e Bi d P a c k a g e Ad d e n d a (i f n e e d e d ) Na r r a t i v e /S t u d y / R e p o r t Sp e c i f i c a t i o n s Pe r f o r m a n c e S p e c i f i c a t i o n s Dr a w i n g s Re c o r d D o c u m e n t s Cl i e n t Q A / Q C P r o c e s s Notes/Clarifications Quantity Included Predesign/Programming/Conceptual Design Not included in scope Schematic Design 1 1 ● ● Design Development 1 1 ● ● ● GMP Updated pricing Construction Documents 1 1 1 ● ● ● ● GMP updated pricing, Fire will provide perf. Spec. Bidding/Negotiation Not included in scope Construction Administration Includes review of contractor shop drawings, submittals, RFIs Post Construction ● If information necessary to prepare record drawings is not received within six months after substantial completion, BCER will provide record drawings as is and close out the project. 31 of 49 Attachment A Erica Golden, AIA Swift Gulch Employee Housing for the Town of Avon March 11, 2022 3 Schedule Anticipated timelines are outlined in the following table. Table 3 – Schedule (dates are approximate) Start End Duration Notes Notice to Proceed (NTP) 4/11/2022 4/15/2022 1 week Project Kick-Off Meeting 4/11/2022 4/15/2022 1 week Schematic Design 4/18/2022 6/17/2022 9 weeks Design Development 7/18/2022 8/29/2022 6 weeks Construction Documents 8/29/2022 10/13/2022 7 weeks Energy Modeling 4/18/2022 4/29/2022 2 weeks Bidding Due Date 10/13/2022 11/27/2022 6 weeks Construction 11/12/2022 2/28/2024 18 months Record Drawings 2/28/2024 4/1/2024 1 month Meetings BCER will attend the following in-person meetings and coordination efforts, detailed by discipline in the table below. In order to maximize our value to the project while minimizing our fees to the extent possible, it is assumed that meetings in addition to those defined below will be conducted via conference call or other means of electronic communication. In-person design and construction meetings and site visits exceeding the numbers below are specifically excluded; however, a few additional meetings or site visits beyond that shown can generally be accommodated (if needed) on a case-by-case basis. It should also be noted that additional meetings or site visits can significantly impact our overall work effort, and that the quantities shown here have been used to help establish the baseline for that work effort. For a project of this nature, we would like to strive to limit our participation in our portion of meetings to two (2) hours per meeting and construction observations/site visits to no more than six (6) hours, excluding prep, travel, and post-meeting follow up. We do understand that any user group meetings, design charrettes, or FIR/FOR meetings will be longer. While we used this limitation to help establish the baseline for the work effort, we understand that sometimes this is not entirely possible and that some meetings will be longer or shorter than anticipated. Table 4 – In-Person Meetings and Site Visits by Discipline Me c h a n i c a l El e c t r i c a l Te c h n o l o g y Fi r e S a f e t y En e r g y Notes Schematic Design 1 1 0 0 0 Design Development 0 0 0 0 0 Construction Documents 0 0 0 0 0 Bidding/Negotiation 0 0 0 0 0 Construction Administration 7 7 0 0 0 Site visits during construction, including final punch Post Construction 0 Totals 8 8 0 0 0 32 of 49 Attachment A Erica Golden, AIA Swift Gulch Employee Housing for the Town of Avon March 11, 2022 4 Value Engineering BCER may allocate up to 2% of our total fee for participation in general Value Engineering (VE) for the entire project (i.e. across all disciplines) up to a maximum of eighteen (18) hours. Our services may include, but will not be limited to, attendance at VE meetings, reviewing contractor-prepared cost estimates, preparing and/or analyzing VE suggestions, etc. Please note that should the outcome of the VE process dictate that a redesign of our systems is necessary in order to reallocate a portion of our budget to other portions of the project for which we do not have design responsibility and should it further be established that the estimated construction cost for our design at the beginning of the VE process was in accordance with our established budget, it is expected that our redesign efforts will be compensated accordingly. Production Specifications will be formatted to the 2013 CSI MasterFormatTM standard and will be provided in book format. Drawings will be provided in PDF format and will be produced in Autodesk RevitTM. Submittals will be provided in electronic format rather than hardcopy. • BCER will provide drawings in a Revit format for this project to a BIM Level 300 (per AIA BIM Protocol E202). It is anticipated that a BIM Execution Plan will be developed by the design team and will serve as the guiding document for this project. o BCER makes every effort to accommodate background changes that may occur within two (2) weeks of deadlines. We request consideration be given to the impact on the quality of the submittal when background changes are issued to BCER with less than ten (10) days of any deadline. o BIM 360: BCER will freeze the architectural model ten (10) days prior to the delivery of each package/submittal due date to allow BCER to maintain the quality of the submittal. o The basis of this scope and design fee includes the receipt of final architectural backgrounds/model ten (10) days prior to the delivery of each package/submittal due date. • Details and schedules will be completed in the program of our choice and will be included in the final documents. • Hangers, supports, curbs, small diameter piping/conduit below 2”, piping racks, etc., will not be drawn. Plan drawing(s) are to identify equipment and device locations and diagrammatical ductwork, piping, and raceway routing. Specific discipline exceptions may be indicated in the attached scope detail document. Information Provided by the Client The Client will provide the following documents and information to BCER. This documentation is assumed to be accurate and up to date. No provisions to verify the accuracy of these documents or update them have been included in this project. • Owner design standards. It is our understanding that the Owner will provide standards/requirements that are fully developed and ready to be applied to the work of this project with minimal refinement, adaptation and/or further discovery/development necessary. These standards are assumed to include system requirements, equipment specifications, device locations within spaces, and other pertinent space requirements (where applicable). Standards are requested for all disciplines we have included in this proposal (listed on page 1). • CAD and drawing standards. 33 of 49 Attachment A Erica Golden, AIA Swift Gulch Employee Housing for the Town of Avon March 11, 2022 5 • Specification standards. • Revit site and building model, as applicable to the project. • Previous calculations, studies, reports, master plans, permits, record drawings, hard copy drawings, etc. to facilitate this project. Electronic files in native formats are preferred if available. • Site survey, topographic and/or utility locate, and pothole information. • Redlines and/or comments from the Owner and/or Client pertaining to the proposed project, including any existing information. Exclusions The following is excluded from this scope and can be provided as Additional Services: • Design services for disciplines or systems not specifically identified previously as included in this proposal (see Table 1 – Included Engineering Disciplines). • Services not regularly offered by our firm, including, but not limited to, asbestos and hazardous material investigation, geotechnical investigation, utility locating and potholing, site survey and/or Geologic Information Survey (GIS), architecture, landscape architecture, civil engineering, structural engineering, design and construction scheduling, and services associated with permitting and environmental regulations. • Limitations/exclusions on field/BIM drawings: o BCER will make an effort to model content in the manner that it will be built in tight spaces to confirm there is a constructible solution, but this is not guaranteed throughout the entire model and the model will not be collision free. o Participation in Design Team interstitial coordination meetings beyond those provided as part of our basic BIM services. o Revising and providing updated Revit™ models more often than once a week. o Extensive and/or repeated efforts on our part to re-host or relocate elements, coordinate locations or pathways of elements, identify or resolve collisions/interference between elements, or otherwise perform extensive additional work within the BIM model as a result of incorrect, inadequate, inconsistent, or frequently changing elements modeled by others. o Work in other third-party BIM software (such as Navisworks™) beyond that of Autodesk Revit™. We will, however, export our Revit™ model to other third-party BIM software models to the extent that such export is fully supported by Autodesk Revit™ and furthermore does not require extensive and/or repeated efforts on our part to manipulate, configure, and/or prepare the exported model(s) for use by the software. o Exporting drawing files to AutoCAD (for use by others) whereby extensive and/or repeated efforts on our part are necessary to manipulate, configure, and/or prepare the file or layers to produce a special graphic representation with the exception of record drawings, which may be included in our Basic Services if indicated above in Table 2 – Project Delivery Matrix. o BCER will deliver coordinated Construction Documents that are not intended to be used as contractor shop drawings. o As-builting, updating, or revising our Revit™ model after the conformed set has been issued to the contractor, or no later than 60 days after the Construction Documents have been issued and bidding has concluded, whichever occurs first. o The contractor shall be responsible for fully coordinated field drawings. o Development and delivery of a Facility Management Model. 34 of 49 Attachment A Erica Golden, AIA Swift Gulch Employee Housing for the Town of Avon March 11, 2022 6 • Life cycle cost and/or economic analysis. • Major modification to our current design practices should they differ significantly from those requested by the Owner and/or design team, including major modifications to our: o Current CAD standards. o Current specification format (based upon CSI MasterFormattm). o Internal design standards, topologies, and/or methodologies, which are in turn based upon industry standards and best practices. o Internal QA/QC process. BCER will use our own proven QA/QC process unless indicated above in Table 2 – Project Delivery Matrix. • Substantial revisions to the design in the latter-half of the Construction Documents phase, should such revisions be necessitated by conditions beyond our control. • If the project is a renovation and/or remodel, design/work for areas outside the specific remodel/renovation area(s). • Preparation and/or administration of separate bid packages for fixtures, furniture, and equipment (FF&E) and/or Owner-provided equipment and systems. • Review of extensive equipment substitution during bidding, submittal review, and/or during construction administration. • Engineering design services during construction phase. • Preparation and administration of Proposal Requests, Construction Change Directives, Change Orders, etc., during Construction Administration that substantially deviate from that of the Construction Documents and/or accommodation of Owner requests to increase the scope or otherwise enrich the project. • Reviewing requests from the contractor(s) for payment and advising the Owner. • On-site confirmation/verification of final punch list(s), unless indicated in Table 4 – In-Person Meetings and Site Visits by Discipline above. • If Record Drawings are included (please reference Table 2 – Project Delivery Matrix above), be advised that we have excluded the incorporation of information into Record Drawings beyond that necessary to show significant changes made during construction, such as contractor submittal documentation, information normally part of Operation and Maintenance Manual(s), BIM data, etc. • Start-up procedures. • Operator training. • On-site 11-month warranty walk unless indicated in Table 4 – In-Person Meetings and Site Visits by Discipline above. • Snow melt system COMPENSATION It is important to note that the work effort outlined in this proposal is largely based upon the information above. It is assumed that should there be substantial deviation from this information, we will have the opportunity to modify our scope of work and compensation accordingly. If any of the above assumptions are incorrect, Additional Services can be negotiated and approved prior to performing any work to correct the deficiencies. BCER will not be responsible for any delays or additional costs resulting from the inaccuracies. Fixed Lump Sum $176,200 35 of 49 Attachment A Erica Golden, AIA Swift Gulch Employee Housing for the Town of Avon March 11, 2022 7 We propose providing our services to you for a fixed lump sum fee, broken out by phase as follows: Table 5 – Compensation by Phase and Discipline Discipline SD DD CD CA Fees Hours PM / Coordination / QA/QC $2,400 $5,900 $8,400 $3,000 $19,700 127 HVAC $6,400 $16,000 $22,900 $8,000 $53,300 344 Plumbing $5,400 $13,300 $19,100 $6,700 $44,500 287 Electrical $5,800 $14,400 $20,600 $7,200 $48,000 310 FA/FP $1,500 $3,800 $5,400 $0 $10,700 69 Technology/LV (excluded) $0 $0 $0 $0 $0 0 Total Fees per Phase: $21,500 $53,400 $76,400 $24,900 $176,200 1,137 Please note that breakout fees are not to be considered standalone. Work common to all, such as drawing setup, ongoing drafting, design meetings, and overall project management is necessarily amortized across these systems. Expenses Expenses are in addition to the above and are reimbursable at cost. Such expenses include, but are not limited to, document reproduction, mail and express delivery charges, out of town travel and living expenses, mileage, and parking. We estimate our expenses to be $2,000. Additional Services Lighting consulting (assistance with Luminaire selection and specification): $3,600 Energy Modeling: $6,400 Design and Construction Support services for Building #4: $29,800 Compensation for additional services not identified above will be based upon the hourly rates defined below. Should a request for additional services be made during the course of this project, we will prepare an Additional Service Request (ASR) which will outline the scope and proposed compensation, and w e will be prepared to proceed upon approval. HOURLY RATES Our hourly rates in effect as of the date of this proposal are as follows: 36 of 49 Attachment A Erica Golden, AIA Swift Gulch Employee Housing for the Town of Avon March 11, 2022 8 Table 6 – Hourly Rates EMPLOYEE TYPE $/HR EMPLOYEE TYPE $/HR EMPLOYEE TYPE $/HR Clerical $65 Senior BIM/3D Specialist $155 Senior Engineer/Designer/Consultant I $160 Project Coordinator I $70 Construction Administrator I $120 Senior Engineer/Designer/Consultant II $180 Project Coordinator II $85 Construction Administrator II $140 Senior Engineer/Designer/Consultant III $205 BIM/CAD Specialist I $65 Senior Construction Administrator I $160 Project Manager $160 BIM/CAD Specialist II $75 Engineer/Designer/Consultant Intern $75 Senior Project Manager $180 BIM/CAD Specialist III $90 Engineer/Designer/Consultant I $105 Program Manager $200 Senior BIM/CAD Specialist I $110 Engineer/Designer/Consultant II $120 Director $205 Senior BIM/CAD Specialist II $120 Engineer/Designer/Consultant III $140 Principal $220 These rates may be revised from time to time to reflect increases in the cost of our operations. For projects billed on a time and expense basis, a minimum of 30 days’ advance notice will be provided prior to a rate revision. If the scope or schedule of the project varies significantly from that on which the above fee is based, or changes after design has been started, the fee shall be renegotiated accordingly. This proposal is valid for sixty (60) days. Thank you again for this opportunity to work with you and 2757 Design. If you have any questions, please feel free to call me at 303.405.2851. Sincerely, Sara Persily, PE, LEED AP BD+C Mechanical Engineer BCER Engineering, Inc. Accepted by: 2757 Design Company Name (Printed) Erica Golden, AIA Name (Printed) Signature Principal Title Date Attachments: Mechanical Scope Details Electrical Scope Details Fire Safety Scope Details Energy Performance Scope Details Terms and Conditions smp/cs/amg 37 of 49 Attachment A MECHANICAL SCOPE OF SERVICES M-1 – Mechanical Scope of Services HVAC SYSTEMS Based on our understanding of the project, we have included the following HVAC systems in the design, marked by ● red bullets. Table M1 – HVAC Systems Heating water Steam and condensate Chilled water Evaporative cooling ● Refrigerant-based cooling Multiple zone systems ● Variable and constant air volume Displacement air distribution Under floor air distribution Humidification Dehumidification ● Active energy recovery Steam and clean steam Natural gas Fuel oil system analysis and design Smoke pressurization Laboratory HVAC Manufacturing process HVAC ● Mechanical ventilation Generator combustion air and flue Snowmelt Passive energy recovery HVAC SERVICES Mechanical services provided as part of the design are in the table below and marked with ● red bullets. Table M2 – HVAC Services Kitchen HVAC equipment selection and design ● Mechanical heating equipment selection and design ● Mechanical cooling equipment selection and design Cost opinion ● 3D Modeling of mechanical systems ● Commissioning coordination (limited to one round of responses to commissioning agent questions) ● Mechanical system schematics (heating water, chilled water, steam, airflow) ● Fire and smoke wall (barrier, wall, partition) HVAC penetration protection design Code evaluation or documentation of the envelope design, including ComCheck for the envelope Mechanical system commissioning, limited to observation of measurements and operating controls taken by others Mechanical Building Automation System (BAS), including sequences, points lists, equipment specifications, and points diagrams Fire/smoke wall definition (if included, please see the Fire Safety Scope of Services) Manufacturing process design Calculation of natural ventilation opening requirements Computational Fluid Dynamic (CFD) modeling Revit modeling of hangers and supports Revit modeling for pressurized piping systems smaller than 2” pipe diameter Assistance in energy rebate program(s) PLUMBING SYSTEMS Based on our understanding of the project, we have included the following plumbing systems in the design, marked by ● red bullets. Table M3 – Plumbing Systems ● Domestic hot, cold, sanitary waste, and vent Medical gas system design: Grease waste and interceptor Manufacturing process plumbing Medical vacuum Sand-oil waste and interceptor Laboratory drain and vent Waste anesthesia gas vacuum ● Storm and overflow Commercial kitchen plumbing Oxygen gas distribution Compressed air systems selection and design Pure water system (reverse osmosis or deionized) Zone valve box specification and location Roof scupper drainage Architectural gutter drainage Medical alarm Area alarm panel location and 38 of 49 Attachment A MECHANICAL SCOPE OF SERVICES M-2 – Mechanical Scope of Services PLUMBING SERVICES Plumbing services provided as part of the design are in the table below and marked with ● red bullets. Table M4 – Plumbing Services ADDITIONAL INFORMATION, SCOPE CLARIFICATIONS, OR EXCLUSIONS design Non-patient gas and vacuum Cost opinion Plumbing system commissioning ● 3D modeling of plumbing systems ● Plumbing fixture selection and schedules Plumbing design beyond five (5) feet of the building envelope ● Commissioning coordination (limited to one round of responses to commissioning agent questions) Medical gas system certification Manufacturing process design Revit modeling of hangars and supports Revit modeling for pressurized piping systems smaller than 2” diameter 39 of 49 Attachment A ELECTRICAL SCOPE OF SERVICES E-1 – Electrical Scope of Services POWER SYSTEMS Based on our understanding of the project, we have included the following electrical systems in the design, marked by ● yellow bullets. Table E1 – Power Systems POWER SERVICES Electrical services provided as part of the design are in the table below and marked with ● yellow bullets. Table E2 – Power Services LIGHTING SYSTEMS Based on our understanding of the project, we have included the following lighting systems in the design, marked by ● yellow bullets. Table E3 – Lighting Systems LIGHTING SERVICES Lighting services provided as part of the design are in the table below and marked with ● yellow bullets. Table E4 – Lighting Services ● Electrical power design Public safety DAS Two-way communication system Lightning dissipation system Photovoltaic system Snowmelt system Arc resistant electrical equipment and detection Cathodic protection Emergency/standby generator ● Preliminary electrical distribution system determination ● Electrical one-line diagram ● Short circuit calculations ● Electrical load calculations ● Panel schedules ● Site electrical plan Cost opinion Area classification designation Daylight modeling analysis ● Preliminary load calculations and application forms for new utility service requests Field investigation of existing electrical systems within the designated project area. Limited to appearance and layout only for equipment accessible without selective demolition, diagnostics, or use of special tools. Arc flash hazard analysis, labeling, or adjustment of protective devices or settings to reduce incident energy level Grounding analysis (step and touch potential) Assistance in energy rebate program(s) Selective protective device coordination study ● Interior lighting ● Site lighting ● Lighting controls ● Roadway lighting ● Emergency egress lighting ● Exterior lighting Landscape lighting Theatrical lighting and controls Other specialty lighting ● Typical space photometric calculations ● Egress lighting photometric calculations ● Luminaire selection and specification Cost opinion Area classification designation Daylight modeling analysis ● Site photometric calculations per local standards using AGi. Limited to a maximum of two iterations. ● Energy calculations verifying compliance with the current International Energy Conservation Code using COMcheck EZ software. Field investigation of existing lighting systems within the designated project area. Limited to appearance and layout only for 40 of 49 Attachment A ELECTRICAL SCOPE OF SERVICES E-2 – Electrical Scope of Services ADDITIONAL INFORMATION, SCOPE CLARIFICATIONS, OR EXCLUSIONS BCER will provide up to 20 hours of general lighting consulting for this project. One compliance report shall be provided at the conclusion of the CD phase. equipment accessible without selective demolition, diagnostics, or use of special tools. ● Lighting coordination with owner, distributor, and/or vendors Final lighting aiming (attendance and advising only) Assistance in energy rebate program(s) ● Roadway photometric calculations 41 of 49 Attachment A FIRE SAFETY SCOPE OF SERVICES F-1 – Fire Safety Scope of Services FIRE SPRINKLER SYSTEM SERVICES The following fire sprinkler system services marked by ● orange bullets are included in the design. Table F1 – Fire Sprinkler System FIRE ALARM SYSTEM SERVICES The following fire alarm system services marked by ● orange bullets are included in the design. Table F2 – Fire Alarm System SMOKE CONTROL SYSTEM SERVICES The following smoke control system services marked by ● orange bullets are included in the design. Table F3 – Smoke Control System LIFE SAFETY SERVICES The following life safety services marked by ● orange bullets are included in the design. Table F4 – Life Safety Services ● Review test information for the proposed site to confirm the capacity of the available water supply for the sprinkler and standpipe systems ● Prepare outline criteria describing the automatic sprinkler and standpipe systems and fire pump zoning, including sprinkler zoning (coordinated with sprinkler zones, fire alarm zones, and smoke control zones), required sprinkler density criteria, and schematic main distribution. Criteria for the systems will be described in a letter report with associated schematic CAD drawings. These documents will then be provided to the engineer and contractor of record for design of the system and associated shop drawings. ● Assist the design team with space planning for major fire protection equipment related to the sprinkler systems. Provide up to twenty-four (24) hours of general consulting. Cost opinion Construction Administration to include submittal review, RFI response, and one final punch list. Engineered fire sprinkler drawings. ● Prepare outline criteria describing the requirements for the fire detection and fire alarm system and its interface with the smoke management system, including coordinating the fire alarm system with the other zones (sprinkler, fire alarm zones, and smoke control zones). Criteria for the systems will be described in a letter report with associated schematic CAD drawings. These documents will then be provided to the engineer and contractor of record for design of the system and associated shop drawings. ● Prepare sequence of operation that coordinates the operation of these fire protection systems. ● Assist the design team with space planning for major fire protection equipment related to these systems. Provide up to twenty-four (24) hours of general consulting. Cost opinion Construction Administration to include submittal review, RFI response, and one final punch list. Engineered fire alarm drawings. Rational analysis System design Commissioning and testing Cost opinion Final testing and commissioning Code consulting services Due diligence inspections Administrative modifications/ engineering judgments Third party plan review and inspection Hazardous materials inventory statements and management plans 42 of 49 Attachment A FIRE SAFETY SCOPE OF SERVICES F-2 – Fire Safety Scope of Services ADDITIONAL INFORMATION, SCOPE CLARIFICATIONS, OR EXCLUSIONS Expert witness testimony Cost opinion 43 of 49 Attachment A ENERGY PERFORMANCE SCOPE OF SERVICES EN-1 – Energy Performance Scope of Services ENERGY MODELING OVERVIEW Based on our understanding of the project, we have included the following energy modeling services, marked by ● green bullets. Table EN1 – Energy Modeling Services ENERGY PERFORMANCE EXCLUSIONS • Serving as LEED® champion or registration agent • Daylight modeling • Support for LEED® Measurement and Verification • Commissioning and/or enhanced commissioning unless included in a separate fee proposal • Additional energy models after occupancy (generally used to calibrate the model and recalculate the energy savings associated with the implemented measures) • Assistance with rebate programs such as Xcel Energy • Consulting on the envelope design to meet a target u-factor. • On-site renewable energy system design • Determination of actual operating costs of the facility; the LEED® energy model represents a theoretical savings over a standardized baseline only ● Meet and coordinate with the owner and/or client to determine modeling approach and basic model inputs. ASHRAE 90.1 2016 will be used to determine the proposed building’s energy performance improvement percentage beyond that of a compliant building. This includes one iteration during Design Development (DD) and one during Construction Documents (CD). Each iteration will include a baseline building and a proposed building. The DD iteration will include at most two (2) building design scenarios. The CD iteration will include the proposed design and no alternative scenarios. ● The model will include all aspects of the building that impact energy consumption, including but not limited to HVAC, lighting, plug loads, and architectural features. All necessary documentation for GBCI review of the energy analysis. One (1) revision of the model based on GBCI review comments. Life cycle cost analysis ● Estimate power generation of potential of roof mounted PV system and potential offset of traditional building energy usage. 44 of 49 Attachment A Terms and Conditions 1 Agreement: Until such time as a formal contract or agreement is executed between the Consultant and the Client, this proposal, together with these exhibits, appendices, and/or other attachments, and including these Terms and Conditions, constitute the sole and entire Agreement between the Consultant and the Client. It supersedes all prior communications, understandings and agreements, whether written or oral. Acceptance: This Agreement shall be deemed to be accepted should any of the following occur: A signed copy of this proposal is returned to Consultant; a written or verbal request is made to the Consultant to commence work on any part of the work described herein; or payment is made, in whole or in part, to the Consultant for any part of the work described herein. Controlling Law: This Agreement is to be governed by the law of Colorado. If any portion or statement within this Agreement is found to be unenforceable by law, the remainder of the agreement shall remain in effect. Team Relationship: The Client and Consultant agree to proceed with their respective obligations on a basis of mutual trust, good faith, and fair dealing, and shall take actions reasonably necessary to enable each other to perform in a timely, efficient, and economical manner. Performance of Services: The Consultant shall perform the services outlined in this proposal in consideration of the stated compensation. The Consultant assumes no responsibility to perform any service not specifically listed, nor any service listed as an obligation of the Client or others. Standard of Care: In providing services under this Agreement, the Consultant will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Upon notice to the Consultant and by mutual agreement between the parties, the Consultant will, without additional compensation, correct those services not meeting such a standard. The Consultant makes no warranty, either express or implied, as to its professional services rendered under this Agreement. Certifications, Guarantees, and Warranties: The Consultant shall not be required to execute any document that would result in certifying, guaranteeing, or warrantying the existence of any conditions. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the Consultant are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks or other material terms of this Agreement, the Consultant may call for renegotiation of appropriate portions of this Agreement. The Consultant shall notify the Client of the changed conditions necessitating renegotiation, and the Consultant and the Client shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the Consultant and Client agree that either party has the absolute right to terminate this Agreement, in accordance with the Termination provision hereof. Mutual Indemnification: The Consultant and the Client agree, to the fullest extent permitted by law, to indemnify and hold each other harmless against all damages, liabilities, expenses or costs, including reasonable attorneys’ fees, to the extent caused by their own negligent performance of their respective obligations under this Agreement, or by anyone for whom they are legally liable. Limitation of liability: In recognition of the relative risks and benefits to both the Client and the consultant, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, that the Consultant’s total liability to the Client for any and all claims, losses, costs, injuries, damage, expenses, or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the Consultant’s total fee for the services rendered. Such causes include, but are not limited to, the Consultant’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Dispute Resolution: Any claims or disputes between the Client and the Consultant arising out of the services to be provided by the Consultant or out of this Agreement shall be submitted to non-binding mediation. Costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the Client and the Consultant. Consequential Damages: to the fullest extent permitted by law, neither the Client nor the Consultant shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of information or data, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of warranty. Extension of Protection: It is intended by the parties to this Agreement that the Consultant’s services in connection with this Agreement shall not subject the Consultant’s individual employees, officers or directors to any personal legal exposure for the risks associated with the performance of the services under this agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Consultant, a Colorado Corporation, and not against any of the Consultant’s individual employees, officers, directors or shareholders. The Client agrees that any and all limitations of the Consultant’s liability and indemnifications by the Client to the Consultant shall include and extend to those entities and individuals the Consultant retains for performance of the services under this Agreement, including but not limited to the Consultant’s officers, directors, shareholders, employees, heirs, successors and assigns, as well as the Consultant’s subconsultants officers, directors, shareholders, employees, heirs, successors and assigns, and Consultant’s agents officers, directors, shareholders, employees, heirs, successors and assigns. Construction Work: The Consultant assumes no responsibility (in any manner) for the construction means or methods, schedules or sequences, techniques and/or procedures for or in connection with the Work, nor shall the Consultant have responsibility for safety precautions and programs for or in connection with the Work. Furthermore, the Consultant shall not be responsible for the Contractor’s failure to perform the Work in accordance with the Contract Documents. Billing/Payment: The Client agrees to pay the Consultant for all services performed and all costs incurred. Invoices for the Consultant’s services shall be submitted either upon completion of such services, on a monthly basis, or as otherwise mutually agreed upon. Invoices shall be due and payable upon receipt. For invoice(s) not paid within 90 days, the Consultant may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services upon five (5) business day’s written notice to the Client. In the event any portion of an invoice remains unpaid after 120 days, Consultant may institute collection action and the Client shall pay all costs of collection, including reasonable attorney’s fees. Termination of Services: This Agreement may be terminated at any time by either party with or without cause, upon giving the other not less than ten (10) business day’s written notice. In the event of termination for any reason whatsoever, the Client shall pay the Consultant for all services rendered to the date of termination, all reimbursable expenses incurred prior to termination, and reasonable termination expenses incurred as the result of termination. Commercial Project: The Parties expressly stipulate the Project is commercial in accordance with C.R.S. § 13-20-802.5(4) and expressly waive any claim the Project is Residential regardless of whether the Project is partially comprised of Residential construction elements. 45 of 49 Attachment A 2757 design co po box 1764 carbondale, co 81623 2757 design co po box 1764 carbondale, co 81623 Architecture + Interiors + Lighting - 2757 design co staff 01 staff 02 staff 03 Location Scope of Services hours rate hours rate hours rate Phase Total (g) Schematic Design Phase (SD)40 165.00$ 160 125.00$ 80 95.00$ 34,200.00$ (h) SD Pricing + Revisions 8 165.00$ 60 125.00$ 40 95.00$ 12,620.00$ (i) Design Development Phase (DD)40 165.00$ 240 125.00$ 240 95.00$ 59,400.00$ (j) DD Pricing + Revisions 8 165.00$ 40 125.00$ 40 95.00$ 10,120.00$ (k) Optional Excavation Permit Coord.4 165.00$ 40 125.00$ 16 95.00$ 7,180.00$ (l) Construction Documents Phase (CD)40 165.00$ 240 125.00$ 240 95.00$ 59,400.00$ (m) Building Permit Coordination 4 165.00$ 60 125.00$ 40 95.00$ 11,960.00$ (n) Construction Administration Phase (CA)40 165.00$ 460 125.00$ 120 95.00$ 75,500.00$ (o) As-built Documentation (AB)0 165.00$ 32 125.00$ 24 95.00$ 6,280.00$ Public Meetings (3 incl.)12 165.00$ 12 125.00$ 0 95.00$ 3,480.00$ Staff Meetings (6 incl.)12 165.00$ 12 125.00$ 12 95.00$ 4,620.00$ Site Visits during Construction (18 months)18 165.00$ 288 125.00$ 0 95.00$ 38,970.00$ Reimbursables 3,500.00$ TOTAL 208 1356 852 327,230.00$ Add Option 1 add Building 4 + shift carport north incl. if phase 01 Landscape Architecture + Planning - Stan Clauson Associates, Inc PSR BAJ EGG Location Scope of Services hours rate hours rate hours rate Phase Total (g) Schematic Design Phase (SD)2 200.00$ 12 135.00$ 12 135.00$ 3,640.00$ (h) SD Pricing + Revisions 2 200.00$ 8 135.00$ 8 135.00$ 2,560.00$ (i) Design Development Phase (DD)8 200.00$ 24 135.00$ 24 135.00$ 8,080.00$ (j) DD Pricing + Revisions 2 200.00$ 8 135.00$ 8 135.00$ 2,560.00$ (k) Optional Excavation Permit Coord.2 200.00$ 8 135.00$ 4 135.00$ 2,020.00$ (l) Construction Documents Phase (CD)4 200.00$ 16 135.00$ 12 135.00$ 4,580.00$ (m) Building Permit Coordination 4 200.00$ 12 135.00$ 8 135.00$ 3,500.00$ (n) Construction Administration Phase (CA)8 200.00$ 18 135.00$ 8 135.00$ 5,110.00$ (o) As-built Documentation (AB)8 200.00$ 12 135.00$ 8 135.00$ 4,300.00$ Public Meetings (3 incl.)24 200.00$ 8 135.00$ 4 135.00$ 6,420.00$ Staff Meetings (6 incl.)6 200.00$ 6 135.00$ 2 135.00$ 2,280.00$ Site Visits during Construction (18 months)12 200.00$ 12 135.00$ 0 135.00$ 4,020.00$ Reimbursables 2,453.50$ TOTAL 70 132 98 51,523.50$ Add Option 1 add Building 4 + shift carport north incl. if phase 01 Civil Engineering - JVA Consulting Engineers J.R. Spung Raul Morales Anthony Stead Location Scope of Services hours rate hours rate hours rate Phase Total (g) Schematic Design Phase (SD)8 164.00$ 24 132.00$ 40 116.00$ 9,120.00$ (h) SD Pricing + Revisions 8 164.00$ 12 132.00$ 16 116.00$ 4,752.00$ (i) Design Development Phase (DD)12 164.00$ 48 132.00$ 60 116.00$ 15,264.00$ (j) DD Pricing + Revisions 8 164.00$ 16 132.00$ 16 116.00$ 5,280.00$ (k) Optional Excavation Permit Coord.8 164.00$ 16 132.00$ 24 116.00$ 6,208.00$ (l) Construction Documents Phase (CD)24 164.00$ 60 132.00$ 80 116.00$ 21,136.00$ (m) Building Permit Coordination 8 164.00$ 16 132.00$ 20 116.00$ 5,744.00$ (n) Construction Administration Phase (CA)8 164.00$ 16 132.00$ 16 116.00$ 5,280.00$ (o) As-built Documentation (AB)2 164.00$ 8 132.00$ 16 116.00$ 3,240.00$ Public Meetings (3 incl.)18 164.00$ 9 132.00$ 0 116.00$ 4,140.00$ Staff Meetings (6 incl.)12 164.00$ 12 132.00$ 0 116.00$ 3,552.00$ Site Visits during Construction (18 months)12 164.00$ 12 132.00$ 12 116.00$ 4,944.00$ Reimbursables 450.00$ 350.00$ 200.00$ 1,000.00$ TOTAL 116 237 288 89,660.00$ Add Option 1 add Building 4 + shift carport north $25,000 To w n o f A v o n - S w i f t G u l c h E m p l o y e e H o u s i n g Pr o j e c t To w n o f A v o n - S w i f t G u l c h E m p l o y e e H o u s i n g Pr o j e c t To w n o f A v o n - S w i f t G u l c h E m p l o y e e H o u s i n g Pr o j e c t 48 of 49 Attachment A Structural Engineering - JVA Consulting Engineers staff 01 staff 02 staff 03 Location Scope of Services hours rate hours rate hours rate Phase Total (g) Schematic Design Phase (SD)105 116.00$ 40 168.00$ 20 184.00$ 22,580.00$ (h) SD Pricing + Revisions 0 -$ 0 -$ 0 -$ -$ (i) Design Development Phase (DD)180 116.00$ 66 168.00$ 30 184.00$ 37,488.00$ (j) DD Pricing + Revisions 0 -$ 0 -$ 0 -$ -$ (k) Optional Excavation Permit Coord.0 -$ 0 -$ 0 -$ -$ (l) Construction Documents Phase (CD)310 116.00$ 122 168.00$ 60 184.00$ 67,496.00$ (m) Building Permit Coordination 0 -$ 0 -$ 0 -$ -$ (n) Construction Administration Phase (CA)60 116.00$ 33 168.00$ 20 184.00$ 16,184.00$ (o) As-built Documentation (AB)0 -$ 0 -$ 0 -$ -$ Public Meetings (3 incl.)0 -$ 0 -$ 0 -$ -$ Staff Meetings (6 incl.)0 -$ 0 -$ 0 -$ -$ Site Visits during Construction (18 months)24 116.00$ 12 168.00$ 8 184.00$ 6,272.00$ Reimbursables 980.00$ TOTAL 655 261 130 151,000.00$ Add Option 1 add Building 4 + shift carport north incl. if phase 01 Mechanical, Electrical, Plumbing, Fire Alarm/Fire Protection + Exterior Lighting - BCER staff 01 staff 02 staff 03 Location Scope of Services hours rate hours rate hours rate Phase Total (g) Schematic Design Phase (SD)10 90.00$ 40 120.00$ 82 140.00$ 17,180.00$ (h) SD Pricing + Revisions 4 90.00$ 12 120.00$ 18 140.00$ 4,320.00$ (i) Design Development Phase (DD)190 90.00$ 84 120.00$ 110 140.00$ 42,580.00$ (j) DD Pricing + Revisions 20 90.00$ 38 120.00$ 32 140.00$ 10,840.00$ (k) Optional Excavation Permit Coord.0 90.00$ 0 120.00$ 0 140.00$ -$ (l) Construction Documents Phase (CD)270 90.00$ 200 120.00$ 180 140.00$ 73,500.00$ (m) Building Permit Coordination 17 90.00$ 8 120.00$ 4 140.00$ 3,050.00$ (n) Construction Administration Phase (CA)12 90.00$ 160 120.00$ 24 140.00$ 23,640.00$ (o) As-built Documentation (AB)12 90.00$ 0 120.00$ 0 140.00$ 1,080.00$ Public Meetings (3 incl.)0 -$ 0 -$ 0 -$ -$ Staff Meetings (6 incl.)0 -$ 0 -$ 0 -$ -$ Site Visits during Construction (18 months)0 -$ 0 -$ 0 -$ -$ Reimbursables 2,000.00$ TOTAL 535 542 450 178,190.00$ Add Option 1 add Building 4 + shift carport north $29,800 Add Option 2 Energy Modeling $6,400 Add Option 3 Interior Lighting Design Assistance (exterior incl. above)$3,600 Project Total 797,603.50$ Project Total w/ Option 2 + Option 3 (recommended)807,603.50$ Project Total incl. only Add Option 1 add Building 4 + shift carport north 852,403.50$ Project Total incl. all Options 1, 2 + 3 862,403.50$ To w n o f A v o n - S w i f t G u l c h E m p l o y e e H o u s i n g Pr o j e c t To w n o f A v o n - S w i f t G u l c h E m p l o y e e H o u s i n g Pr o j e c t 49 of 49 Attachment A ATTACHMENT B • C 2757 des gn co STA CLAUSON ASSOCIATES c��-lcHldSC:oi!Pe i;!lri;hitei::tur'e. plannin:!!:, re-sort design swift gulch -employee housing I avon town council review 02.22.2022 swift gulch - employee housing 02.22.2022 2 2015 Swift Gulch workforce housing study by SCA Notes & Observations: -Removes mobile offices (offices to remain for time being) -Removes cinder storage (cinder storage to remain) -Density and unit type not matching RFP goals -Proposed a total of 20 townhomes office building cinder storage Attachment A swift gulch - employee housing 02.22.2022 3 12.16 Building Layout (option 1 - old) Strategy: -Utilize existing road orientation -Maximize unit count -Limit unit types -Building layout to respond to topography -Building site shifted down into the parking area (50% of office parking to remain) Possible constraints: -Snow storage -Road grading Building density / unit mix: - Building 1 (10 units 2x2br) - Building 2 (18 units) - Building 3 (12 units) - Building 4 (9 units) - Building 5 (9 units) - Total = 58 units Building parking mix: - Building 1 15 req (20 wanted) have 35 (20 over code) - Building 2 27 req (36 wanted) have 27 (meets code) - Building 3 18 req (24 wanted) have 18 (meets code) - Building 4 14 req (18 wanted) have 17 (3 over code) - Building 5 14 req (18 wanted) have 18 (4 over code) - Total = 88 req (116 wanted) have 115 (27 over code) bldg building 1 (10 units 2x2br)building 2 (18 units)building 3 (12 unts)building 4 (9 units) building 5 (9 units) total 58 units bldg parking#1 15 req (20 wanted) have 35 (20 over code)#2 27 req (36 wanted) have 27 (meets code) #3 18 req (24 wanted) have 18 (meets code)#4 14 req (18 wanted) have 17 (3 over code) #5 14 req (18 wanted) have 18 (4 over code) total 88 req (116 wanted) have 115 (27 over code) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking not included (over 25 units -7 spaces plus 1 space for each 5 units) total guest parking = 14 total lot coverage +/-68,000sq property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 bldg 5 12 15 10 16 11 8 8 11 8 walk-out / bioswale elev. 7614 parking elev. 7603 walk-out / bioswale elev. 7625 7636 7637 7648 7647 parking elev. 7626 parking elev. 7615 parking elev. 7604 10 7658 7658 6 carport site section si t e s e c t i o n 11/10/21 sd 1.4 swift gulch 1" = 60'-0" reference plan1 bldg building 1 (10 units 2x2br)building 2 (18 units)building 3 (12 unts)building 4 (9 units)building 5 (9 units) total 58 units bldg parking#1 15 req (20 wanted) have 35 (20 over code)#2 27 req (36 wanted) have 27 (meets code) #3 18 req (24 wanted) have 18 (meets code)#4 14 req (18 wanted) have 17 (3 over code)#5 14 req (18 wanted) have 18 (4 over code) total 88 req (116 wanted) have 115 (27 over code) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking not included (over 25 units -7 spaces plus 1 space for each 5 units) total guest parking = 14 total lot coverage +/-68,000sq property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 bldg 5 12 15 10 16 11 8 8 11 8 walk-out / bioswale elev. 7614 parking elev. 7603 walk-out / bioswale elev. 7625 7636 7637 7648 7647 parking elev. 7626 parking elev. 7615 parking elev. 7604 10 7658 7658 6 carport site section si t e s e c t i o n 11/10/21 sd 1.4 swift gulch 1" = 60'-0" reference plan1 site plan 3d aerial See page 5 for current option 1 progress Attachment A swift gulch - employee housing 02.22.2022 4 12.16 Building Layout (option 2) Strategy: -Better integrate road with building layout -Limit unit types -Maximize unit count Constraints: - Difficult to maintain existing office parking - Snow storage options are limited - Added excavation - Reduced density - Redundant circulation Building density / unit mix: - Building 1 (10 - units) - Building 2 (8 - units) - Building 3 (6 - units) - Building 4 (12 - units) - Building 5 (9 - units) - Total = 45 units Building parking mix - Parking count pending property and setback boundary bldg 1 bldg 2 b l d g 3 bldg 4 bldg 5 carport 11/10/21 sd 1.4 swift gulch 1" = 60'-0" reference plan1 property and setback boundary bldg 1 bldg 2 b l d g 3 bldg 4 bldg 5 carport 11/10/21 sd 1.4 swift gulch 1" = 60'-0" reference plan1 site plan 3d aerial Option not pursued further after 2B profile & grade analysis Attachment A swift gulch - employee housing 02.22.2022 5 bldg (typ. 1 bedroom) building 1 (15 units w/ 3x 2br) building 2 (15 units w/ 3x 2br) building 3 (12 units) building 4 (9 units w/ 3x studio) total 51 total units bldg parking existing office 11 #1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces #2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces #3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces #4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 walk-out elev. 7643.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 c a r p o r t site section s i t e s e c t i o n 11 (office) 5 24 (12 units w/tandem) 6 18 (9 units w/tandem) 2 ada ada ad a ada g g g g g snow storage snow storage g g g seasonalparking seasonalparking 15 (6 units w/tandem) g g ad a 3 1 4 ( 7 u n i t s w / t a n d e m ) sn o w st o r a g e g g snow storage existing modular office sn o w st o r a g e g g 116'-0" 116'-0" 88'-0" 60'-0" 1 7 ' c u t 11' cut 9' cut 13' cut 18 ' c u t se a s o n a l pa r k i n g B37629'-6" B47634'-6" carport7643'-6" B27617'-6" B17606'-0" office buiding7600'-0" 11 ' - 6 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " ed g e o f p a v i n g res. storage units L1 L2 parking for bldg 1 L1 L2 L3 parking for bldg 2 L1 L2 L3 existing office building parking for bldg 3 L1 L2 L3 parking for bldg 4 44'-0"120'-0"120'-0"varies 40'-0"130'-0" parking 20'-0" drive 24'-0" bldg 1 36'-0"4'-0" bio swale 36'-0" parking 20'-0" drive 24'-0" bldg 2 36'-0"4'-0" bio swale 36'-0" parking 20'-0" drive 24'-0" bldg 3 40'-0" bioswale varies parking 20'-0" drive 24'-0" bldg 4 36'-0"4'-0"8'-0"3'-0" parking 18'-0" drive varies min 20'-0"67'-0"varies an g l e t r a n s i t i o n pr o p e r t y l i n e 9' - 0 " 5' - 0 " 12 ' - 0 " 11 ' - 6 " 6' - 0 " L3 v.i.f. 6'-0" 10'-0" 10'-0" 10'-0" 10'-0" 3'-0" an g l e t r a n s i t i o n 5'-0" 10'-0" 10'-0" 10'-0" 10'-0" 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 01.25 Building Layout (option 1A) Strategy: -Utilize existing road orientation -Maximize unit count -Limit unit types -Building layout/elevation to respond to topography -Building 1 to have all storage for development (est. 60sf/ea unit) Possible constraints: -Snow storage -Grade retainage along eastern boundary deepest cut located in spoils/fill pile (pending soils report) Building density / unit mix: - Building 1: 15 units (12) 1-bdrms + (3) 2-bdrms - Building 2: 15 units (12) 1-bdrms + (3) 2-bdrms - Building 3: 12 units (12) 1-bdrms - Building 4: 9 units (16) 1-bdrms + (3) 2-studios - Total = 51 units (can vary pending unit mix) Building parking mix: (pending final unit mix) - Building 1: 24 req (30 wanted) have 29 (8 over code) - Building 2: 24 req (30 wanted) have 24 (meets code) - Building 3: 18 req (24 wanted) have 18 (meets code) - Building 4: 14 req (18 wanted) have 16 (2 over code) - Total unit parking = 80 req (102 wanted) have 87 (7 over code) - Total project parking = 114 (87-unit)+(14-guest)+(4-ada)+(9-seasonal) *parking layout and quantity per (7.28.020 development standards) (1.5 spaces for 1-bdrm or studio) (2 spaces for 2-bdrm) *town wanted 2 parking spaces per unit *each building to have adjacent guest parking per table 7.28-2 *11 parking spaces identified in lower lot to be used by existing modular offices *snow storage and plowing is being evaluated w/ civil engineer & landscape architect, initial concepts noted on drawings bldg (typ. 1 bedroom) building 1 (15 units w/ 3x 2br) building 2 (15 units w/ 3x 2br) building 3 (12 units) building 4 (9 units w/ 3x studio) total 51 total units bldg parking existing office 11 #1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces #2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces #3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces #4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 walk-out elev. 7643.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 c a r p o r t site section s i t e s ec t i o n 11 (office) 5 24 (12 units w/tandem) 6 18 (9 units w/tandem) 2 ada ada ad a ada g g g g g snow storage snow storage g g g seasonalparking seasonalparking 15 (6 units w/tandem) g g ad a 3 1 4 ( 7 u n i t s w / t an d e m ) sn o w st o r a g e g g snow storage existing modular office sn o w st o r a g e g g 116'-0" 116'-0" 88'-0" 60'-0" 1 7 ' c u t 11' cut 9' cut 13' cut 18 ' c u t se a s o n a l pa r k i n g B37629'-6"B47634'-6"carport7643'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of paving res. storage unitsL1L2 parking for bldg 1L1L2L3 parking for bldg 2L1L2L3existing office building parking for bldg 3L1L2L3 parking for bldg 444'-0"120'-0"120'-0"varies 40'-0"130'-0"parking20'-0"drive24'-0"bldg 136'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 236'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 340'-0"bioswalevaries parking20'-0"drive24'-0"bldg 436'-0"4'-0"8'-0"3'-0"parking18'-0"drive variesmin 20'-0"67'-0"variesangle transition property line9'-0"5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"angle transition5'-0"10'-0"10'-0"10'-0"10'-0" 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 bldg (typ. 1 bedroom) building 1 (15 units w/ 3x 2br) building 2 (15 units w/ 3x 2br) building 3 (12 units) building 4 (9 units w/ 3x studio) total 51 total units bldg parkingexisting office 11 #1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces #2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces #3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces #4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 walk-out elev. 7643.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 c a r p o r t site section s i t e s e c t i o n 11 (office) 5 24 (12 units w/tandem) 6 18 (9 units w/tandem) 2 ada ada ad a ada g g g g g snow storage snow storage g g g seasonalparking seasonalparking 15 (6 units w/tandem) gg ad a 3 1 4 ( 7 u n i t s w / t a n d e m ) sn o w st o r a g e gg snow storage existing modular office sn o w st o r a g e gg 116'-0" 116'-0" 88'-0" 60'-0" 1 7 ' c u t 11' cut 9' cut 13' cut 18 ' c u t se a s o n a l pa r k i n g B37629'-6"B47634'-6"carport7643'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of pavingres. storage unitsL1L2parking for bldg 1L1L2L3parking for bldg 2L1L2L3existing office building parking for bldg 3L1L2L3 parking for bldg 444'-0"120'-0"120'-0"varies 40'-0"130'-0"parking20'-0"drive24'-0"bldg 136'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 236'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 340'-0"bioswalevaries parking20'-0"drive24'-0"bldg 436'-0"4'-0"8'-0"3'-0"parking18'-0"drive variesmin 20'-0"67'-0"variesangle transition property line9'-0"5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"angle transition5'-0"10'-0"10'-0"10'-0"10'-0" 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 bldg (typ. 1 bedroom) building 1 (15 units w/ 3x 2br) building 2 (15 units w/ 3x 2br) building 3 (12 units) building 4 (9 units w/ 3x studio) total 51 total units bldg parking existing office 11 #1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces #2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces #3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces #4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 walk-out elev. 7643.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 c a r p o r t site section s i t e s e c t i o n 11 (office) 5 24 (12 units w/tandem) 6 18 (9 units w/tandem) 2 ada ada ad a ada g g g g g snow storage snow storage g g g seasonalparking seasonalparking 15 (6 units w/tandem) gg ad a 3 1 4 ( 7 u n i t s w / t a n d e m ) sn o w st o r a g e gg snow storage existing modular office sn o w st o r a g e gg 116'-0" 116'-0" 88'-0" 60'-0" 1 7 ' c u t 11' cut 9' cut 13' cut 18 ' c u t se a s o n a l pa r k i n g B37629'-6"B47634'-6"carport7643'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of pavingres. storage unitsL1L2parking for bldg 1L1L2L3 parking for bldg 2L1L2L3existing office building parking for bldg 3L1L2L3 parking for bldg 444'-0"120'-0"120'-0"varies 40'-0"130'-0"parking20'-0"drive24'-0"bldg 136'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 236'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 340'-0"bioswalevaries parking20'-0"drive24'-0"bldg 436'-0"4'-0"8'-0"3'-0"parking18'-0"drive variesmin 20'-0"67'-0"variesangle transition property line9'-0"5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"angle transition5'-0"10'-0"10'-0"10'-0"10'-0" 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 site section site plan3d aerial 3d aerial Attachment A swift gulch - employee housing 02.22.2022 6 14 ' - 0 " 6' - 0 " 12'-0"116'-0" 40 ' - 0 " 8' - 0 " 14 ' - 0 " 6' - 0 " 12'-0"88'-0" 40 ' - 0 " 8' - 0 " 14 ' - 0 " 6' - 0 " 12'-0"60'-0" 40 ' - 0 " 8' - 0 " 14 ' - 0 " 6' - 0 " 12'-0"116'-0" 40 ' - 0 " 8' - 0 " 14'-0"6'-0"12'-0"88'-0"40'-0"8'-0"14'-0"6'-0"12'-0"60'-0"40'-0"8'-0" 14 ' - 0 " 6' - 0 " 12'-0"116'-0" 40 ' - 0 " 8' - 0 " 14 ' - 0 " 6' - 0 " 12'-0"88'-0" 40 ' - 0 " 8' - 0 " 14 ' - 0 " 6' - 0 " 12'-0"60'-0" 40 ' - 0 " 8' - 0 " Building 1 & 2 layout option (12) 1-bedroom units (3) 2-bedroom units Total bed count = 18 beds Total square feet = *12,528 sf stair 1 Qualitative: -Different unit types to be interchangeable -Allow maximum density without extensive site work maintain required parking at walkout level -Primarily 1 bedroom units (red) desired -Optional 2 bedroom (blue) and studios (yellow) can be incorporated as needed -Overlapping orientation of 1 bedroom units allows higher density by limiting building length -Orientation of units to limit circulation in front of bedroom windows Quantitative: -Each building to have 3 stories of residential units -Lower parking level not accessible to units above -Parking access through walkout level (not basement level) -Tandem parking will be available to select units -Each building to have two means of egress at each side of structure -Covered corridors on each level -Unit types to stack for structural and plumbing efficiency 01.25 Unit Development (option 1A) corridor stair 2 stair 1 corridor stair 2 stair 1 corridor stair 2 Building 3 layout option (12) 1-bedroom units Total bed count = 12 beds Total square feet = *9,504 sf Building 4 layout option (option 1C removes bldg 4) (6) 1-bedroom units (3) studios Total bed count = 9 beds Total square feet = *6,480 sf Total Units = 51 Beds = 57 beds Square feet = 40,040 sf *area is of unit square feet including balcony (does not include circulation or parking) trash recycling compost trash recycling compost trash recycling compost Attachment A swift gulch - employee housing 02.22.2022 7 bldg (typ. 1 bedroom) building 1 (12 units) building 2 (12 units) building 3 (9 units) building 4 (6 units) total 39 total units bldg parking existing office 11 #1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces #2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces #3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces #4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 walk-out elev. 7643.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 c a r p o r t site section s i t e s e c t i o n 9 (office) 8 12 cover spaces 9 9 covered spaces 3 ada ada ad a ada g gg g g snow storage snow storage g g g seasonalparking seasonal parking 6 covered spaces g g ad a 6 6 c o v e r e d s p a c e s sn o w st o r a g e g g snow storage existing modular office g g 1 7 ' c u t 14' cut 12' cut 18' cut 18 ' c u t sn o w st o r a g e se a s o n a l pa r k i n g B37629'-6" B47634'-6" carport7643'-6" B27617'-6" B17606'-0" office buiding7600'-0" 11 ' - 6 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " ed g e o f p a v i n g storage L1 L2 parking for bldg 1 L1 L2 L3 parking for bldg 2 L1 L2 L3 existing office building parking for bldg 3 L1 L2 L3 parking for bldg 4 44'-0"120'-0"120'-0"varies 30'-0" parking 20'-0" drive 24'-0" bldg 1 26'-0"4'-0" bio swale 43'-0"3'-0" parking 20'-0" drive 24'-0" bldg 2 26'-0"4'-0" bio swale 43'-0"3'-0" parking 20'-0" drive 24'-0" bldg 3 30'-0" bio swale varies 3'-0" parking 20'-0" drive 24'-0" bldg 4 30'-0"9'-0"3'-0" parking 20'-0" drive 24'-0"62'-0"varies an g l e t r a n s i t i o n pr o p e r t y l i n e 9' - 0 " 5' - 0 " 12 ' - 0 " 11 ' - 6 " 6' - 0 " L3 v.i.f. 6'-0" 10'-0" 10'-0" 10'-0" 10'-0" 3'-0" an g l e t r a n s i t i o n 5'-0" 10'-0" 10'-0" 10'-0" 10'-0" 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 02.04 Building Layout (option 1B) Strategy: -Utilize existing road orientation -Create larger units with added southern exposure (views) -Limit unit types (two unit types) -Building layout/elevation to respond to topography Possible constraints: -Snow storage -Grade retainage along eastern boundary deepest cut located in spoils/fill pile (pending soils report) Building density / unit mix: - Building 1: 12 units (12) 1-bdrms - Building 2: 12 units (12) 1-bdrms - Building 3: 6 units (6) 2-bdrms - Building 4: 6 units (6) 1-bdrms - Total = 36 units (can vary pending unit mix) Building parking mix: (pending final unit mix) - Building 1: 18 req (24 wanted) have 20 (2 over code) - Building 2: 18 req (24 wanted) have 18 (meets code) - Building 3: 12 req (12 wanted) have 12 (meets code) - Building 4: 9 req (12 wanted) have 9 (meets code) - Total unit parking = 52 req (72 wanted) have 59 (2 over code) - Total project parking = 86 (59-unit)+(14-guest)+(4-ada)+(9-seasonal) *parking layout and quantity per (7.28.020 development standards) (1.5 spaces for 1-bdrm) (2 spaces for 2-bdrm) *ada parking count pending final unit make-up *town wanted 2 parking spaces per unit *each building to have adjacent guest parking per table 7.28-2 *11 parking spaces identified in lower lot to be used by existing modular offices *snow storage and plowing is being evaluated w/ civil engineer & landscape architect, initial concepts noted on drawings bldg (typ. 1 bedroom) building 1 (12 units) building 2 (12 units) building 3 (9 units) building 4 (6 units) total 39 total units bldg parking existing office 11 #1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces #2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces #3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces #4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 walk-out elev. 7643.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 c a r p o r t site section s i t e s ec t i o n 9 (office) 8 12 cover spaces 9 9 covered spaces 3 ada ada ad a ada g gg g g snow storage snow storage g g g seasonalparking seasonal parking 6 covered spaces g g ad a 6 6 c o v e r e d s p a c e s sn o w st o r a g e g g snow storage existing modular office g g 1 7 ' c u t 14' cut 12' cut 18' cut 18 ' c u t sn o w st o r a g e se a s o n a l pa r k i n g B37629'-6"B47634'-6"carport7643'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of paving storage L1L2 parking for bldg 1L1L2L3 parking for bldg 2L1L2L3existing office building parking for bldg 3L1L2L3 parking for bldg 444'-0"120'-0"120'-0"varies 30'-0"parking20'-0"drive24'-0"bldg 126'-0"4'-0"bio swale43'-0"3'-0"parking20'-0"drive24'-0"bldg 226'-0"4'-0"bio swale43'-0"3'-0"parking20'-0"drive24'-0"bldg 330'-0"bio swalevaries 3'-0"parking20'-0"drive24'-0"bldg 430'-0"9'-0"3'-0"parking20'-0"drive24'-0"62'-0"variesangle transition property line9'-0"5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"angle transition5'-0"10'-0"10'-0"10'-0"10'-0" 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 bldg (typ. 1 bedroom) building 1 (12 units) building 2 (12 units) building 3 (9 units) building 4 (6 units) total 39 total units bldg parkingexisting office 11 #1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces #2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces #3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces #4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 walk-out elev. 7643.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 c a r p o r t site section s i t e s e c t i o n 9 (office) 8 12 cover spaces 9 9 covered spaces 3 ada ada ad a ada g gg g g snow storage snow storage g g g seasonalparking seasonal parking 6 covered spaces gg ad a 6 6 c o v e r e d s p a c e s sn o w st o r a g e gg snow storage existing modular office g g 1 7 ' c u t 14' cut 12' cut 18' cut 18 ' c u t sn o w st o r a g e se a s o n a l pa r k i n g B37629'-6"B47634'-6"carport7643'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of pavingstorageL1L2parking for bldg 1L1L2L3parking for bldg 2L1L2L3existing office building parking for bldg 3L1L2L3 parking for bldg 444'-0"120'-0"120'-0"varies 30'-0"parking20'-0"drive24'-0"bldg 126'-0"4'-0"bio swale43'-0"3'-0"parking20'-0"drive24'-0"bldg 226'-0"4'-0"bio swale43'-0"3'-0"parking20'-0"drive24'-0"bldg 330'-0"bio swalevaries 3'-0"parking20'-0"drive24'-0"bldg 430'-0"9'-0"3'-0"parking20'-0"drive24'-0"62'-0"variesangle transition property line9'-0"5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"angle transition5'-0"10'-0"10'-0"10'-0"10'-0" 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 bldg (typ. 1 bedroom) building 1 (12 units) building 2 (12 units) building 3 (9 units) building 4 (6 units) total 39 total units bldg parking existing office 11 #1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces #2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces #3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces #4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary bldg 1 bldg 2 bldg 3 bldg 4 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 walk-out elev. 7643.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 c a r p o r t site section s i t e s e c t i o n 9 (office) 8 12 cover spaces 9 9 covered spaces 3 ada ada ad a ada g gg g g snow storage snow storage g g g seasonalparking seasonal parking 6 covered spaces gg ad a 6 6 c o v e r e d s p a c e s sn o w st o r a g e gg snow storage existing modular office g g 1 7 ' c u t 14' cut 12' cut 18' cut 18 ' c u t sn o w st o r a g e se a s o n a l pa r k i n g B37629'-6"B47634'-6"carport7643'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of pavingstorageL1L2parking for bldg 1L1L2L3 parking for bldg 2L1L2L3existing office building parking for bldg 3L1L2L3 parking for bldg 444'-0"120'-0"120'-0"varies 30'-0"parking20'-0"drive24'-0"bldg 126'-0"4'-0"bio swale43'-0"3'-0"parking20'-0"drive24'-0"bldg 226'-0"4'-0"bio swale43'-0"3'-0"parking20'-0"drive24'-0"bldg 330'-0"bio swalevaries 3'-0"parking20'-0"drive24'-0"bldg 430'-0"9'-0"3'-0"parking20'-0"drive24'-0"62'-0"variesangle transition property line9'-0"5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"angle transition5'-0"10'-0"10'-0"10'-0"10'-0" 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 site section site plan3d aerial 3d aerial Attachment A swift gulch - employee housing 02.22.2022 8 12 ' - 0 " 6' - 0 " 16'-0"128'-0" 30 ' - 0 " 8' - 0 " 12 ' - 0 " 6' - 0 " 16'-0"92'-0" 30 ' - 0 " 8' - 0 " 12 ' - 0 " 6' - 0 " 16'-0"64'-0" 30 ' - 0 " 8'-0" 12 ' - 0 " 6' - 0 " 16'-0"128'-0" 30 ' - 0 " 8' - 0 " 12 ' - 0 " 6' - 0 " 16'-0"92'-0" 30 ' - 0 " 8' - 0 " 12 ' - 0 " 6' - 0 " 16'-0"64'-0" 30 ' - 0 " 8' - 0 " 12 ' - 0 " 6' - 0 " 16'-0"128'-0" 30 ' - 0 " 8' - 0 " 12'-0"6'-0"16'-0"92'-0"30'-0"8'-0"12'-0"6'-0"16'-0"64'-0"30'-0"8'-0" Building 1 & 2 layout option (12) 1-bedroom units Total bed count = 12 beds Total sqaure feet = *9,984 sf Qualitative: -Different unit types to be interchangeable -Allow maximum density without extensive site work maintain required parking at walkout level -Primarily 1 bedroom units (red) desired Quantitative: -Each building to have 3 stories of residential units -Lower parking level not accessible to units above -Parking access through walkout level (not basement level) -Each building to have two means of egress at each side of structure -Covered corridors on each level -Unit types to stack for structural and plumbing efficiency 02.04 Unit Development (option 1B) corridor corridor stair 2 stair 1 corridor stair 2 Building 3 layout option (6) 2-bedroom units Total bed count = 12 beds Total square feet = *7,176 sf Building 4 layout option (6) 1-bedroom units Total bed count = 6 beds Total square feet = *4,992 sf stair 1 stair 2 stair 1 Total Units = 36 Beds = 42 beds Square feet = 32,136 sf *area is of unit square feet including balcony (does not include circulation or parking) trash recycling compost trash recycling compost trash recycling compost Attachment A swift gulch - employee housing 02.22.2022 9 stair 1 02.04 Unit circulation (option 1A & 1B) stair 2 stair 1 stair 2 stair 1 stair 2 stair 2 stair 1 stair 2 stair 1 stair 2 stair 1 Building 3 circulation Building 4 circulation Building 1 & 2 circulation Building 3 circulation Building 4 circulation Building 1 & 2 circulation Option 1BOption 1A & 1C Qualitative: -Unit layout to limit non-resident circulation past unit windows Attachment A swift gulch - employee housing 02.22.2022 10 property and setback boundary bldg 1 bldg 2 bldg 3 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 site section si t e s e c t i o n 9 for offices 5 24 (12 units w/tandem) 6 18 (9 units w/tandem)ada ada ada g g g g g g g seasonalparking 16 (8 units w/tandem) gg ad a 3 g g snow storage sn o w s t o r a g e se a s o n a l p a r k i n g 11' parking level to t.o. extg. grade 12' cut g amenity areaif building 4 not completed 7660 7655 7665 76707650 7 645 area of spoils pile to be re-graded with tiered site walls and boulders (extent pending civil and soils report) possible future building (9-12 unit)(utilize carport for foundation)ref option 1A for layout existing office bldg existing cinder pile possible parking overflow future bldg (12-15 units) built over existing modular offices f u t u r e c a r p o r t p e n d i n g b l d g 4 carport or bldg 4 bio swale bio swale bio swale sn o w s t o r a g e se a s o n a l p a r k i n g snow storage seasonal parking fi r e t r u c k t u r n a r o u n d t/r/c t/r/c t/r/c snow storage seasonal parking B37629'-6" carport7634'-6" B27617'-6" B17606'-0" office buiding7600'-0" 11 ' - 6 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 12 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " ed g e o f p a v i n g res. storage units L1 L2 parking for bldg 1 L1 L2 L3 parking for bldg 2 L1 L2 L3 existing office building parking for bldg 3 44'-0"120'-0"120'-0"160'-0" parking 20'-0" drive 24'-0" bldg 1 36'-0"4'-0" bio swale 36'-0" parking 20'-0" drive 24'-0" bldg 2 36'-0"4'-0" bio swale 36'-0" parking 20'-0" drive 24'-0" bldg 3 36'-0"4'-0" bioswale varies parking 20'-0" drive 24'-0"40'-0" an g l e t r a n s i t i o n pr o p e r t y l i n e 5' - 0 " 12 ' - 0 " 11 ' - 6 " 6' - 0 " L3 v.i.f. 6'-0" 10'-0" 10'-0" 10'-0" 10'-0" 3'-0" tiered gardens and amenity space st o r st o r st o r 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 02.14 Building Layout (option 1C) Strategy: -Utilize existing road orientation -Limit unit types -Building layout/elevation to respond to topography -Building 4 removed (pricing to included bldg 4) option reduces site walls and road cut increased amenity space at top of site -allow for future development at top and bottom of site Possible constraints: -Snow storage Building density / unit mix: - Building 1: 18 units (12) 1-bdrms + (3) 2-bdrms + (3) studio - Building 2: 15 units (12) 1-bdrms + (3) 2-bdrms - Building 3: 12 units (12) 1-bdrms bldg 1 studio unts can be removed if needed - Total = 45 units (can vary pending unit mix) Building parking mix: (pending final unit mix) - Building 1: 27 req (36 wanted) have 29 (2 over code per bldg) - Building 2: 24 req (30 wanted) have 24 (meets code) - Building 3: 18 req (24 wanted) have 19 (1 over code per bldg) - Total unit parking = 71 req (90 wanted) have 72 (overall 1 over code) - Total project parking = 95 (72-unit)+(12-guest)+(3-ada)+(8-seasonal) *parking layout and quantity per (7.28.020 development standards) (1.5 spaces for 1-bdrm or studio) (2 spaces for 2-bdrm) *town wanted 2 parking spaces per unit *each building to have adjacent guest parking per table 7.28-2 *9 parking spaces identified in lower lot to be used by existing modular offices *snow storage and plowing is being evaluated w/ civil engineer & landscape architect, initial concepts noted on drawings property and setback boundary bldg 1 bldg 2 bldg 3 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 site section si t e s e c t i o n 9 for offices 5 24 (12 units w/tandem) 6 18 (9 units w/tandem)ada ada ada g g g g g g g seasonalparking 16 (8 units w/tandem) gg ad a 3 g g snow storage sn o w s t o r a g e se a s o n a l p a r k i n g 11' parking level to t.o. extg. grade 12' cut g amenity areaif building 4 not completed 7660 7 655 7665 76707 650 7645 area of spoils pile to be re-graded with tiered site walls and boulders (extent pending civil and soils report) possible future building (9-12 unit) (utilize carport for foundation)ref option 1A for layout existing office bldg existing cinder pile possible parking overflow future bldg (12-15 units) built over existing modular offices f u t u r e c ar p o r t p e n d i n g b l d g 4 carport or bldg 4 bio swale bio swale bio swale sn o w s t o r a g e se a s o n a l p a r k i n g snow storage seasonal parking fi r e t r u c k t u r n a r o u n d t/r/c t/r/c t/r/c snow storage seasonal parking B37629'-6"carport7634'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of paving res. storage unitsL1L2 parking for bldg 1L1L2L3 parking for bldg 2L1L2L3existing office building parking for bldg 344'-0"120'-0"120'-0"160'-0"parking20'-0"drive24'-0"bldg 136'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 236'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 336'-0"4'-0"bioswalevaries parking20'-0"drive24'-0"40'-0"angle transition property line5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"tiered gardens and amenity spacestorstorstor 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 property and setback boundary bldg 1 bldg 2 bldg 3 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 site section si t e s e c t i o n 9 for offices 5 24 (12 units w/tandem) 6 18 (9 units w/tandem)ada ada ada g g g g g g g seasonalparking 16 (8 units w/tandem) gg ad a 3 gg snow storage sn o w s t o r a g e se a s o n a l p a r k i n g 11' parking level to t.o. extg. grade 12' cut g amenity area if building 4 not completed 7660 7 6 55 7665 76707650 7 6 45 area of spoils pile to be re-graded with tiered site walls and boulders (extent pending civil and soils report) possible future building (9-12 unit) (utilize carport for foundation) ref option 1A for layout existing office bldg existing cinder pile possible parking overflow future bldg (12-15 units) built over existing modular offices f u t u r e c a r p o r t p e n d i n g b l d g 4 carport or bldg 4 bio swale bio swale bio swale sn o w s t o r a g e se a s o n a l p a r k i n g snow storage seasonal parking fi r e t r u c k t u r n a r o u n d t/r/c t/r/c t/r/c snow storage seasonal parking B37629'-6"carport7634'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of pavingres. storage unitsL1L2parking for bldg 1L1L2L3parking for bldg 2L1L2L3existing office building parking for bldg 344'-0"120'-0"120'-0"160'-0"parking20'-0"drive24'-0"bldg 136'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 236'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 336'-0"4'-0"bioswalevaries parking20'-0"drive24'-0"40'-0"angle transition property line5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"tiered gardens and amenity spacestorstorstor 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 property and setback boundary bldg 1 bldg 2 bldg 3 walk-out elev. 7616 walk-out elev. 7626.5 walk-out elev. 7638.5 parking elev. 7634.5 parking elev. 7629.5 parking elev. 7617.5 storage elev. 7606 site section si t e s e c t i o n 9 for offices 5 24 (12 units w/tandem) 6 18 (9 units w/tandem)ada ada ada g g g g g g g seasonalparking 16 (8 units w/tandem) gg ad a 3 gg snow storage sn o w s t o r a g e se a s o n a l p a r k i n g 11' parking level to t.o. extg. grade 12' cut g amenity area if building 4 not completed 7660 7655 7665 76707 650 76 45 area of spoils pile to be re-graded with tiered site walls and boulders (extent pending civil and soils report) possible future building (9-12 unit)(utilize carport for foundation) ref option 1A for layout existing office bldg existing cinder pile possible parking overflow future bldg (12-15 units) built over existing modular offices f u t u r e c ar p o r t p e n d i n g b l d g 4 carport or bldg 4 bio swale bio swale bio swale sn o w s t o r a g e se a s o n a l p a r k i n g snow storage seasonal parking fi r e t r u c k t u r n a r o u n d t/r/c t/r/c t/r/c snow storage seasonal parking B37629'-6"carport7634'-6"B27617'-6"B17606'-0"office buiding7600'-0"11'-6"10'-0"10'-0"10'-0"10'-0"12'-0"10'-0"10'-0"10'-0"10'-0"edge of pavingres. storage unitsL1L2parking for bldg 1L1L2L3 parking for bldg 2L1L2L3existing office building parking for bldg 344'-0"120'-0"120'-0"160'-0"parking20'-0"drive24'-0"bldg 136'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 236'-0"4'-0"bio swale36'-0"parking20'-0"drive24'-0"bldg 336'-0"4'-0"bioswalevaries parking20'-0"drive24'-0"40'-0"angle transition property line5'-0"12'-0"11'-6"6'-0"L3v.i.f.6'-0"10'-0"10'-0"10'-0"10'-0"3'-0"tiered gardens and amenity spacestorstorstor 01/18/22 sd 1.4 swift gulch 1" = 60'-0" reference plan1 site section site plan3d aerial 3d aerial Attachment A swift gulch - employee housing 02.22.2022 11 14 ' - 0 " 12'-0"132'-0" 40 ' - 0 " 8' - 0 " 12'-0"104'-0" Building 1 layout option (12) 1-bedroom units (3) 2-bedroom units (3) studio units Total bed count = 21 beds Total square feet = *14,256 sf Qualitative: -Different unit types to be interchangeable -Allow maximum density without extensive site work -Maintain required parking (and if possible storage) at walkout level -Primarily 1 bedroom units (red) desired -Optional 2 bedroom (blue) and studios (yellow) can be incorporated as needed -Overlapping orientation of 1 bedroom units allows higher density by limiting building length -Orientation of units to limit circulation in front of bedroom windows -Possible 2 buildings identified for future development Building 4 9-12 units Building 0 12-15 units Quantitative: -Each building to have 3 stories of residential units -Lower parking level not accessible to units above -Parking access through walkout level (not basement level) -Trash recycling and compost access through walk out level -Tandem parking will be available to select units -Units with tandem spaces to have direct access storage -Units without tandem spaces to have remote storage in bldg1 -Each building to have two means of egress at each side of structure -Covered corridors on each level -Unit types to stack for structural and plumbing efficiency 02.14 Unit Development (option 1C) stair 1 corridor stair 2 Building 2 layout option (12) 1-bedroom units (3) studio units Total bed count = 15 beds Total square feet = *12,528 sf Total Units = 45 (42 without studios in bldg 1) Beds = 48 beds Square feet = 36,288 sf *area is of unit square feet including balcony (does not include circulation or parking) trash recycling compost 14 ' - 0 " 6' - 0 " 12'-0"116'-0" 40 ' - 0 " 8' - 0 " 14 ' - 0 " 6' - 0 " 12'-0"88'-0" 40 ' - 0 " 8' - 0 " 14 ' - 0 " 6' - 0 " 12'-0"60'-0" 40 ' - 0 " 8' - 0 " stair 1 corridor stair 2 Building 3 layout option (12) 1-bedroom units Total bed count = 12 beds Total square feet = *9,504 sf trash recycling compost 14 ' - 0 " 6' - 0 " 12'-0"116'-0" 40 ' - 0 " 8' - 0 " 14 ' - 0 " 6' - 0 " 12'-0"88'-0" 40 ' - 0 " 8'-0"14'-0"6'-0"12'-0"60'-0"40'-0"8'-0" stair 1 corridor stair 2 trash recycling compost Attachment A swift gulch - employee housing 02.22.2022 12 Qualitative: - One bedroom units to be paired with complimentary 1 bedroom unit - Project to provide an ada accessible version of each unit type in mix preferred all accessible unit be located in bldg 1 - ADA units to be located on walk-out level in building 1 (typical) 01.25 Unit (1-bedroom yin yang) - option 1C kitchen kitchen dining living bathroom bedroom bedroom living bathroom dining balconybalcony ki t c h e n living bathroom dining/bed balcony kitchen bedroom living bathroom dining balcony bedroom bathroom Typical 2 bedroom design option interior space = 965 sf Typical studio design option interior space = 465 sf Typical 1 bedroom (yin yang) design option interior space = 690 sf Quantitative: - Each unit to have covered outdoor patio (95sf) - Southern view from living room - 1/2 of all 1 bedroom units to have added souther view from bedroom - Defined interior spaces/uses - Washer/dryer in unit - Maximize in unit storage - Efficient all-electric heat pump systems are being evaluated to provide heating and cooling - Staggered stud construction and insulation techniques are being evaluated to provide higher STC ratings between units *Studio layout to be evaluated in upcoming design phases, murphy bed option shown in this sketch or this area can be a couch area and bedroom area can shift south 02.14 U Attachment A swift gulch - employee housing 02.22.2022 13 COMMUNITY GARDENS DEBRIS FLOW TRAIL & PARK STORMWATER SWALES BBQ & SEATING AREA BBQ & SEATING AREA VIEW 1 VIEW 2 VIEW 3 VIEW 1 VIEW 2 VIEW 3ENTRY MONUMENTATION 02.04 Building Layout SCA-landscape site plan -Landscape design strategy to remain the same for each design option Attachment A swift gulch - employee housing 02.22.2022 14 02.04 SCA-landscape plant palette suggestions Masterwort medium water use Swale Use Beardtongue very low water use Swale Use Gallery White Lupine medium water use Swale Use Walker Low Catmint low water use Sun Areas Silver Mound Sage very low water use Sun Areas Russian Sage very low water use Sun Areas Firecracker Penstemon low water use Sun Areas Prairie Smoke medium water use Swale Use Blue Grama very low water use Sun Areas Prairie Dropseed low water use Sun Areas May Night Salvia very low water use Sun/Shade Areas Attachment A swift gulch - employee housing 02.22.2022 15 bldg (typ. 1 bedroom)building 1 (15 units w/ 3x 2br)building 2 (15 units w/ 3x 2br)building 3 (12 units)building 4 (9 units w/ 3x studio) total 51 total units bldg parkingexisting office 11#1 24 req (30 wanted) have 29 (8 over code +4 seasonal) 12 units with tandem spaces#2 24 req (30 wanted) have 24 (meets code +2 seasonal) 9 units with tandem spaces#3 18 req (24 wanted) have 18 (meets code +2 seasonal) 6 units with tandem spaces#4 14 req (18 wanted) have 16 (2 over code +1 seasonal) 7 units with tandem spaces total 80 req (102 wanted) have 87 (+9 seasonal) *code min 1.5 spaces per unit (pending final layout) *city wanted 2 parking spaces per unit *guest parking noted (not included in unit parking count) *each building to account for guest parking *ada space identified in plan, not counted toward unit parking *snow storage identified in seasonal storage spaces property and setback boundary 01.25 Building Layout JVA-civil grade analysis site plan site road profile site grading plan -Civil design strategy to remain the same for each design option Attachment A swift gulch - employee housing 02.22.2022 16 01.25 Approach Rendering (Option 1A & 1C Building 3) Attachment A swift gulch - employee housing | core team review 02.07.2022 C 2757 design co 02.22.2022 Attachment A 2022 FORM: Avon Professional Services Agreement – Page 1 of 16 2022 Professional Services Agreement (PSA) _________________________ THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) dated as of , 2022 is entered into by and between ________________., a Colorado corporation whose business address is ___________________________ (“Contractor”) and the Town of Avon, Colorado, a home rule municipality of the State of Colorado (“Town” and, together with the Contractor, “Parties”). RECITALS AND REPRESENTATIONS WHEREAS, the Town desires to have performed certain professional services as described in this Agreement; and WHEREAS, the Contractor represents that the Contractor has the skill, ability, and expertise to perform the services described in this Agreement and within the deadlines provided by the Agreement; and WHEREAS, the Town desires to engage the Contractor to provide the services described in this Agreement subject to the terms and conditions of the Agreement. NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the Parties mutually agree as follows: 1.0 SERVICES AND CONTRACTOR PERFORMANCE Services and Work Product. As directed by and under the supervision of the Town Manager for the Town of Avon, the Contractor shall provide the Town with the services described in Exhibit A, _____________________________ (“Services”). For purposes of this Agreement, “Work Product” shall consist of deliverables and/or product to be created, provided or otherwise tendered to the Town as described in the Services. 1.1 Changes to Services. At any time the Town may request a change or changes in the Services. Any changes that are mutually agreed upon between the Town and the Contractor shall be made in writing and upon execution by both Parties shall become an amendment to the Services described in this Agreement. To be effective, any written change must be signed by the Contractor and by the Avon Town Council (“Town Council”). 1.2 Independent Contractor. The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee or other relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor’s employees, sub- consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability insurance, errors and omissions insurance; or retirement account contributions. Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 2 of 16 1.3 Standard of Performance. In performing the Services, the Contractor shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing in the State of Colorado. Contractor represents to the Town that the Contractor is, and its employees performing such Services are, properly licensed and/or registered within the State of Colorado for the performance of the Services (if licensure and/or registration is required by applicable law) and that the Contractor and employees possess the skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. 1.4 Patent Indemnification. Contractor shall indemnify, defend and hold Town harmless from any and all claims, demands, and causes of action (including reasonable attorneys’ fees and costs of suit) for actual or asserted infringement or actual or asserted appropriation or use by Town of trade secrets, proprietary information, know-how, copyright rights, or patented inventions included in any design or specification furnished by Contractor or arising from the use or sale of materials, equipment, methods, processes, designs and information, furnished by Contractor in connection with the Services. Contractor shall include the foregoing indemnification provision as a term of each agreement utilized by it in the performance of its work which shall extend expressly from the vendor or subcontractor to Town. 1.5 Safety. When and to the extent that Contractor or any of its employees, agents or subcontractors are working under the terms of this Agreement, Contractor will comply, and cause all its employees, agents and subcontractors to comply, with applicable safety rules and security requirements. 1.6 Qualified Personnel. Contractor will make available all qualified Contractors, drafters, technical and clerical personnel necessary to fulfill its obligations under this Agreement. Prior to commencement of work, Contractor will provide Town with the names of all Contractor personnel and their then current hourly rates, if applicable, whose services are to be employed in performance of the Services. Removal or re- assignment of personnel by Contractor will only be done with prior written approval of Town. 1.7 Removal of Personnel by Town. Town may, in its discretion, require Contractor to dismiss from performance of the Services any personnel of Contractor or any subcontractor for any reason, effective upon written notice from Town of such dismissal. Town will not be required to pay salary, or any other costs associated with dismissed personnel effective upon Contractor’s receipt of notice to dismiss from Town. 1.8 Representations and Warranties. Contractor represents and warrants that the Services will be performed in a manner consistent with other reasonable professionals providing similar services under similar circumstances. Contractor will complete the Services in accordance with the Agreement and applicable United States laws, regulations, ordinances, and codes in existence at the time the Agreement is executed. 1.9 Maintenance of and Access to Records. Contractor will maintain detailed records of all matters relating to the Services during the term of the Agreement and for a period after its cancellation or termination of not less than five (5) years. Town will have the right to copy and audit during regular business hours all records of any kind which in any way relate to the Services, whether created before, during or after the termination of this Agreement. Access to such records will be provided to Town at no cost. 1.10 Colorado Open Records Act. The parties understand that all material provided or produced under this Agreement may be subject to the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. In the event of the filing of a lawsuit to compel such disclosure, the Town shall inform the Contract and will tender all such material to the court for judicial determination of the issue of disclosure and the Contractor agrees Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 3 of 16 to intervene in such lawsuit to protect and assert its claims of privilege and against disclosure of such material or waive the same 1.11 Disclosure of Adverse Information. Contractor will promptly disclose to Town any and all information which Contractor may learn, or which may have a material adverse impact on the Services or the Work Product or Town’s ability to utilize the Work Product in the manner and for the purpose for which the Work Product is intended. 2.0 COMPENSATION 2.1 Commencement of and Compensation for Services. Following execution of this Agreement by the Town, the Contractor shall be authorized to commence performance of the Services as described in Exhibit A, __________________________, subject to the requirements and limitations on compensation as provided by this Section 2.0 COMPENSATION and its Sub-Sections. A. Time and Materials Contract – Not to Exceed Amount. The Contractor shall perform the Services and shall invoice the Town for work performed based on the rates and/or compensation methodology described in Exhibit A. Total compensation (including all reimbursable expenses) shall not exceed $ _________. B. Reimbursable Expenses. The following shall be considered “reimbursable expenses” for purposes of this Agreement and may be billed to the Town without administrative mark-up but which must be accounted for by the Contractor and proof of payment shall be provided by the Contractor with the Contractor’s monthly invoices: • Vehicle Mileage (billed at not more than the prevailing per mile charge permitted by the Internal Revenue Service as a deductible business expense) • Printing and Photocopying Related to the Services • Charges incidental to securing needed information (e.g., charges imposed to obtain recorded documents) • Postage and Delivery Services • Lodging and Meals (only with prior written approval of the Town as to dates and maximum amount permitted) C. Non-reimbursable Costs, Charges, Fees, or Other Expenses. Any fee, cost, charge, fee, or expense incurred by the Contractor not otherwise specifically authorized by this Agreement shall be deemed a non-reimbursable cost and shall be borne by the Contractor and shall not be billed or invoiced to the Town and shall not be paid by the Town. D. Increases in Compensation or Reimbursable Expenses. Any increases or modification of compensation or reimbursable expenses shall be subject to the approval of the Town and shall be made only by written amendment of this Agreement executed by both Parties. 2.2 Payment Processing. The Contractor shall submit invoices and requests for payment in a form acceptable to the Town. Invoices shall not be submitted more often than once each month unless otherwise approved by this Agreement or in writing by the Town. Unless otherwise directed or accepted by the Town, all invoices shall contain sufficient information to account for all Contractor time (or other appropriate measure(s) of work effort) and all authorized reimbursable expenses for the Services during the stated Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 4 of 16 period of the invoice. Following receipt of a Contractor’s invoice, the Town shall promptly review the Contractor’s invoice. 2.3 Town Dispute of Invoice or Invoiced Item(s). The Town may dispute any Contractor time, reimbursable expense, and/or compensation requested by the Contractor described in any invoice and may request additional information from the Contractor substantiating any and all compensation sought by the Contractor before accepting the invoice. When additional information is requested by the Town, the Town shall advise the Contractor in writing, identifying the specific item(s) that are in dispute and giving specific reasons for any request for information. The Town shall pay the Contractor within forty-five (45) days of the receipt of an invoice for any undisputed charges or, if the Town disputes an item or invoice and additional information is requested, within thirty (30) days of acceptance of the item or invoice by the Town following receipt of the information requested and resolution of the dispute. To the extent possible, undisputed charges within the same invoice as disputed charges shall be timely paid in accordance with this Agreement. Payment by the Town shall be deemed made and completed upon hand delivery to the Contractor or designee of the Contractor or upon deposit of such payment or notice in the U.S. Mail, postage pre-paid, addressed to the Contractor. 3.0 CONTRACTOR’S GENERAL RESPONSIBILITIES 3.1 The Contractor shall become fully acquainted with the available information related to the Services. The Contractor is obligated to affirmatively request from the Town such information that the Contractor, based on the Contractor’s professional experience, should reasonably expect is available and which would be relevant to the performance of the Services. 3.2 The Contractor shall perform the Services in accordance with this Agreement and shall promptly inform the Town concerning ambiguities and uncertainties related to the Contractor’s performance that are not addressed by the Agreement. 3.3 The Contractor shall provide all the Services in a timely and professional manner. 3.4 The Contractor shall promptly comply with any written Town request from the Town or any of the Town’s duly authorized representatives to reasonably access and review any books, documents, papers, and records of the Contractor that are pertinent to the Contractor’s performance under this Agreement for the purpose of the Town performing an audit, examination, or other review of the Services. 3.5 The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations, and resolutions. 3.6 The Contractor shall be responsible at the Contractor’s expense for obtaining, and maintaining in a valid and effective status, all licenses and permits necessary to perform the Services unless specifically stated otherwise in this Agreement. 4.0 TERM AND TERMINATION 4.1 Term. The provision of services under this Agreement shall commence on or about , 2022, and will be completed by ; provided, however, under no circumstances will the Term exceed the end of the current Town Fiscal year (January 1 – December 31). The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s term, or contract for the provision of any future services, and makes no warranties or representations otherwise. Notwithstanding the foregoing, the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 5 of 16 Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this Agreement. 4.2 Continuing Services Required. The Contractor shall perform the Services in accordance with this Agreement commencing on the Effective Date until such Services are terminated or suspended in accordance with this Agreement. The Contractor shall not temporarily delay, postpone, or suspend the performance of the Services without the written consent of the Town Council. 4.3 Town Unilateral Termination. This Agreement may be terminated by the Town for any or no reason upon written notice delivered to the Contractor at least ten (10) days prior to termination. In the event of the Town’s exercise of the right of unilateral termination as provided by this paragraph: A. Unless otherwise provided in any notice of termination, the Contractor shall provide no further services in connection with this Agreement after receipt of a notice of termination; and B. All finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall be delivered by the Contractor to the Town and shall become the property of the Town; and C. The Contractor shall submit to the Town a final accounting and final invoice of charges for all outstanding and unpaid Services and reimbursable expenses performed prior to the Contractor’s receipt of notice of termination and for any services authorized to be performed by the notice of termination as provided by Sub-Section 4.3(A) above. Such final accounting and final invoice shall be delivered to the Town within thirty (30) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. 4.4 Termination for Non-Performance. Should a party to this Agreement fail to materially perform in accordance with the terms and conditions of this Agreement, this Agreement may be terminated by the performing party if the performing party first provides written notice to the non-performing party which notice shall specify the non-performance, provide both a demand to cure the non-performance and reasonable time to cure the non-performance, and state a date upon which the Agreement shall be terminated if there is a failure to timely cure the non-performance. For purpose of this Sub-Section 4.4, “reasonable time” shall be not less than five (5) business days. In the event of a failure to timely cure a non-performance and upon the date of the resulting termination for non-performance, the Contractor prepare a final accounting and final invoice of charges for all performed but unpaid Services and authorized reimbursable expenses. Such final accounting and final invoice shall be delivered to the Town within fifteen (15) days of the date of termination; thereafter, no other invoice, bill, or other form of statement of charges owing to the Contractor shall be submitted to or accepted by the Town. Provided that notice of non-performance is provided in accordance with this Sub-Section 4.4, nothing in this Sub-Section 4.4 shall prevent, preclude, or limit any claim or action for default or breach of contract resulting from non-performance by a Party. 4.5 Unilateral Suspension of Services. The Town may suspend the Contractor’s performance of the Services at the Town's discretion and for any reason by delivery of written notice of suspension to the Contractor which notice shall state a specific date of suspension. Upon receipt of such notice of suspension, the Contractor shall immediately cease performance of the Services on the date of suspension except: (1) as may be specifically authorized by the notice of suspension (e.g., to secure the work area from damage due to weather or to complete a specific report or study); (2) for the submission of an invoice for Services performed prior to the date of suspension in accordance with this Agreement or (3) as required by law. Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 6 of 16 4.6 Reinstatement of Services Following Town’s Unilateral Suspension. The Town may at its discretion direct the Contractor to continue performance of the Services following suspension. If such direction by the Town is made within thirty (30) days of the date of suspension, the Contractor shall recommence performance of the Services in accordance with this Agreement. If such direction to recommence suspended Services is made more than thirty-one (31) days following the date of suspension, the Contractor may elect to: (1) provide written notice to the Town that such suspension is considered a unilateral termination of this Agreement pursuant to Sub-Section 4.3; or (2) recommence performance in accordance with this Agreement; or (3) if suspension exceeded sixty (60) consecutive days, request from the Town an equitable adjustment in compensation or a reasonable re-start fee and, if such request is rejected by the Town, to provide written notice to the Town that such suspension and rejection of additional compensation is considered a unilateral termination of this Agreement pursuant to Sub-Section 4.3. Nothing in this Agreement shall preclude the Parties from executing a written amendment or agreement to suspend the Services upon terms and conditions mutually acceptable to the Parties for any period of time. 4.7 Delivery of Notice of Termination. Any notice of termination permitted by this Section 4.0 TERM AND TERMINATION and its subsections shall be addressed to the persons identified in Section 9.17 herein and at the addresses provided therein or such other address as either party may notify the other of and shall be deemed given upon delivery if personally delivered, or forty-eight (48) hours after deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested. 5.0 INSURANCE 5.1 Insurance Generally. The Contractor shall obtain and shall continuously maintain during the term of this Agreement insurance of the kind and in the minimum amounts specified in this Sub-Section 5.1. The Required Insurance shall be procured and maintained with insurers with an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor. The Contactor shall secure and maintain the following (“Required Insurance”): A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law. Such policy of insurance, if any, shall be endorsed to include the Town as a Certificate Holder. B. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars each occurrence and of Two Million Dollars ($2,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. C. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury of not less than of One Hundred Thousand Dollars ($100,000.00) each person and each accident and for property damage of not less than Fifty Thousand Dollars ($50,000.00) each accident with respect to each of the Contractor’s owned, hired and non-owned vehicles assigned to or used in performance of the Services. The policy shall contain a severability of interests provision. Such insurance coverage must extend to all levels of subcontractors. Such coverage must include all automotive equipment used Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 7 of 16 in the performance of the Agreement, both on the work site and off the work site, and such coverage shall include non-ownership and hired cars coverage. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. D. Professional Liability (errors and omissions) Insurance with a minimum limit of coverage of One Million Dollars ($1,000,000.00) per claim and annual aggregate. Such policy of insurance shall be obtained and maintained for one (1) year following completion of all Services under this Agreement. Such policy of insurance shall be endorsed to include the Town as a Certificate Holder. 5.2 Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 5.0 INSURANCE and its subsections, insurance shall conform to all of the following: A. For Required Insurance and any other insurance carried by Contractor (“Contractor Insurance”), all policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage. B. For both Required Insurance and Contractor Insurance, the Contractor shall be solely responsible for any deductible losses. C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage arising from completed operations. D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy. 5.3 Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously maintain policies of insurance in accordance with this Section 5.0 INSURANCE and its subsections shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 5.4 Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the Town applicable certificates of insurance for all Required Insurance. Insurance limits, term of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 5.0 INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall reference the “Project Name” as identified on the first page of this Agreement. The Town may request, and the Contractor shall provide within three (3) business days of such request a current certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 8 of 16 its election, withhold payment for Services until the requested insurance policies are received and found to be in accordance with the Agreement. 6.0 OWNERSHIP OF DOCUMENTS 6.1 Work Product is Property of Town. Upon complete payment for services rendered, the Work Product, as defined in Sub-Section 1.1, shall be deemed work made for hire and made in the course of Services performed under this Agreement and will be the exclusive property of Town. Town will have unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute and sell the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit. Any reuse of the Work Product produced under this Agreement for any purpose not directly related to this Agreement will be at the sole risk of Town. 6.2 Obligations of Contractor’s Personnel and Subcontractors. Contractor warrants it has enforceable written agreements with all of its personnel and subcontractors to be involved in performing the Services that: A. assign to Contractor ownership of all patents, copyrights and other proprietary rights created in the course of their employment or engagement; and B. obligate such personnel or subcontractors, as the case may be, upon terms and conditions no less restrictive than are contained in this Section 6.0 OWNERSHIP OF DOCUMENTS, not to use or disclose any proprietary rights or information learned or acquired during the course of such employment or engagement including, without limitation, any Work Product, all Contractor property and any other information pursuant to this Section 6.0 OWNERSHIP OF DOCUMENTS. 6.3 Assignment of Proprietary Rights. To the extent that any title to any Work Product may not, by operation of law, vest in Town, or such Work Product may not be considered to be work made for hire, Contractor hereby irrevocably transfers and assigns to Town in perpetuity all worldwide right, title and interest in and to the patent rights, copyrights, trade secrets and other proprietary rights in and ownership of, the Work Product. 6.4 Town Furnished Information. Title to all materials and all documentation furnished by the Town to Contractor will remain in the Town. Contractor will deliver to the Town any all Work Product and property, including copies thereof on whatever media rendered, upon the first to occur of: A. the Town’s written request; or B. completion of the Services under this Agreement; or C. termination of this Agreement. 6.5 The Contractor waives any right to prevent its name from being used in connection with the Services. 7.0 CONFLICT OF INTEREST The Contractor shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for the Contractor with regard to providing the Services pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any Town official or employee that would place the official or employee in a position of violating the public trust as provided by C.R.S. §24-18-109, as amended, the Avon Town Code of Ethics, as amended or the Town’s ethical principles. Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 9 of 16 8.0 REMEDIES In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the Town may exercise the following remedial actions if the Contractor substantially fails to perform the duties and obligations of this Agreement. Substantial failure to perform the duties and obligations of this Agreement shall mean a significant, insufficient, incorrect, or improper performance, activities or inactions by the Contractor. The remedial actions include: 8.1 Suspend the Contractor’s performance pending necessary corrective action as specified by the Town without the Contractor’s entitlement to an adjustment in any charge, fee, rate, price, cost, or schedule; and/or 8.2 Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or 8.3 Deny payment for those services which have not been satisfactorily performed, and which, due to circumstances caused by the Contractor, cannot be performed, or if performed would be of no value to the Town; and/or 8.4 Terminate this Agreement in accordance with this Agreement. The foregoing remedies are cumulative and the Town, it its sole discretion, may exercise any or all of the remedies individually or simultaneously. 9.0 MISCELLANEOUS PROVISIONS 9.1 No Waiver of Rights. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. The Town’s approval or acceptance of, or payment for, services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the Town except in writing signed by the Town Council or by a person expressly authorized to sign such waiver by resolution of the Town Council of the Town of Avon, and any written waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver unless specifically stated. 9.2 No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 9.3 Affirmative Action. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9.4 Binding Effect. The Parties agree that this Agreement, by its terms, shall be binding upon the successors, heirs, legal representatives, and assigns; provided that this Section 9.4 shall not authorize assignment. Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 10 of 16 9.5 No Third-Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 9.6 Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Town, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 9.7 Governing Law, Venue, and Enforcement. This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado and the parties consent and agree to the jurisdiction of such courts. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. 9.8 Survival of Terms and Conditions. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 9.9 Assignment and Release. All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this Agreement shall not be assigned by Contractor without the express written consent of the Town Council. Any written assignment shall expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be effective unless approved by resolution or motion of the Town Council. No assignment shall release the Applicant from performance of any duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment. 9.10 Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.11 Integration and Amendment. This Agreement represents the entire and integrated agreement between the Town and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Any amendments to this must be in writing and be signed by both the Town and the Contractor. Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 11 of 16 9.12 Severability. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.13 Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits, applications, or documents referenced in this Agreement shall be incorporated into this Agreement for all purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control. 9.14 Employment of or Contracts with Workers without authorization. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. This paragraph shall not apply to any services falling under the exceptions provided for in C.R.S. 8-17.5- 101(b)(I)-(V). Contractor shall not knowingly employ or contract with an worker without authorization to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any workers without authorization. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not knowingly employ or contract with an worker without authorization who will perform work under the public contract for services and that the Contractor will participate in the e-verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. The Contractor is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an worker without authorization, the Contractor shall be required to notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with an worker without authorization. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the worker without authorization within three (3) days of receiving the notice regarding Contractor’s actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an worker without authorization. The Contractor is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement. 9.15 Non-Liability of Town for Indirect or Consequential Damages or Lost Profits. Parties agree that the Town shall not be liable for indirect or consequential damages, including lost profits that result from the Town’s declaration that the Contractor is in default of the Agreement, so long as the Town acts in good faith. 9.16 Indemnity. To the fullest extent permitted by law, Contractor shall indemnify and defend the Town, its members, affiliates, officers, directors, partners, employees, and agents (collectively referred to as the “Town” for the purposes of this Section 9.16) from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney’s fees (collectively referred to “Losses”), arising out of the performance of the Services, provided that (a) any such claim, damage, loss or expense is caused by any negligent act or omission of (i) Contractor, (ii) anyone directly or indirectly employed by Contractor or (iii) Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 12 of 16 anyone for whose acts Contractor may be liable; and (b) such indemnification shall not apply to the extent that such Losses are caused by the negligence of the Town or other party indemnified hereunder. If Contractor is providing architectural, engineering, or surveying services; design; construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water, sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or excavation connected with such construction, the extent of Contractor's obligation to indemnify and defend the Town is enforceable only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Contractor or the Contractor's agents, representatives, subcontractors, or suppliers. If the Contractor is a person or entity providing architectural, engineering, surveying, or other design services, then the extent of Contractor's obligation to indemnify and defend the Town may be determined only after the Contractor's liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Contractor and Town. The indemnification in this Section 9.16 shall be construed to comply with C.R.S. § 13-50.5-102(8) et. seq. 9.17 Notices. Unless otherwise specifically required by a provision of this Agreement any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below or at such other address as has been previously furnished in writing, to the other Party. Such notice shall be deemed to have been given when deposited in the United States Mail properly addressed to the intended recipient. Written notice may also be provided by electronic mail which shall be deemed delivered when receipt is acknowledged by reply of the recipient. If to the Town: If to the Contractor: Eric Heil, Town Manager Town of Avon 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 eheil@avon.org Attention: , With Copy to: Town Attorney 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 townattorney@avon.org Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 13 of 16 10.0 AUTHORITY The individuals executing this Agreement represent that they are expressly authorized to enter into this Agreement on behalf of Town of Avon and the Contractor and bind their respective entities. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-SIGNATURE PAGE FOLLOWS] Atttachment C 2022 FORM: Avon Professional Services Agreement – Page 14 of 16 THIS AGREEMENT is executed and made effective as provided above. TOWN OF AVON, COLORADO By: ______________________________ ERIC HEIL, TOWN MANAGER CONTRACTOR: By: Name: Position: APPROVED AS TO FORM By:_____________________________________ NAME: KARL J. HANLON TOWN ATTORNEY Atttachment C 2022 FORM: Avon Professional Services Agreement Peak Land Consultants, Inc. 01/27/2022 Page 15 of 16 EXHIBIT A PROFESSIONAL SERVICES Atttachment C 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: Notice of Award – 2022 Bus Shelters DATE: March 18, 2021 SUMMARY: This report presents a Notice of Award for seven (7) Bus Shelters to Lacor Streetscape, LLC in the amount of $192,458. DISCUSSION: The 2022 Capital Projects Fund budget includes $270,000 for bus shelters to be located at the following locations: • East Beaver Creek Blvd near the west side of Piedmont Apartments • East Benchmark Road near Loaded Joe’s • Beaver Creek Place near American National Bank • Eaglebend Drive west of the apartments • Swift Gulch Road near Buffalo Ridge Building 3 • West Beaver Creek Blvd near Westgate Plaza • Hurd Lane near Avon Crossing/Canyon Run The bus shelter style will match the existing shelters located at the Comfort Inn and City Market bus stops. The shelters are black, contain a bench and have an arched roof. PHOTO: Town of Avon Standard Bus Shelter Page 2 of 2 The shelters were bid out to 5 companies that specialize in pre-fabricated bus shelters. We received 2 bids, one from Lacor Streetscape in the amount of $192,458 and another from Panel Built Inc. in the amount of $197,080. I recommend issuance of Notice of Award to the low bidder, Lacor Streetscape. Lacor Streetscape is based in Phoenix, Arizona and has a proven track record of constructing bus shelters for the Town of Avon. CONSTRUCTION SCHEDULE: The lead time for the shelters is approximately three months and construction will begin in the summer once shelters are delivered. Town Staff will procure installation of the concrete bases and placement of the shelters under separate contract. FINANCIAL CONSIDERATIONS: The current Capital Projects Fund (“CPF”) budget includes $270,000 for installation of the bus shelters. The cost of the 7 bus shelters is $62,000 higher than planned for in the project budget. We anticipate that the concrete base and installation bids will also come in higher than budgeted. The higher costs are a result of the current difficult and inflationary bidding and construction environment. Council can direct staff to install 4 shelters and keep the project within the current budget or move forward with 7 shelters and amend the project budget once the installation bids are received. RECOMMENDATION: I recommend Council authorization to award the Bus Shelter Fabrication contract to the low bidder, Lacor Streetscape, in the amount of $192,458 for seven shelters. PROPOSED MOTION: “I move to authorize issuance of the Notice of Award for the fabrication of seven bus shelters to the low bidder, Lacor Streetscape, in the amount of $192,458.” Thank you, Justin 970.748.4413 mpielsticker@avon.org TO: Honorable Mayor and Town Council Members FROM: Matt Pielsticker, AICP, Planning Director Greg Daly, Chief of Police RE: WORK SESSION - Emergency Notification System DATE: March 10, 2022 SUMMARY: This work session includes the review of a plan to install four (4) additional sirens in the “northern hillside” communities, which include Wildridge, Wildwood, and Mountain Star. This follows the installation of the first siren in Spring 2021 at the top of Wildridge on Tract J, located at 5700 Wil dridge Road East. The goal of the project is to provide a uniform, effective audible warning system for the northern hillside areas of Avon in the event of a wildfire. This type of system is intended to compliment other notification tactics already used emergency situations including reverse 911, EC Alert/Everbridge, PWAWS, radio, social media, temporary signage, and door-to-door evacuation protocols. The purpose of this work session is to present the design options and locations (“Attachment A”), and to confirm next steps. This work session is not intended to supplement a public hearing. Staff can schedule a public hearing (if desired), or Town Council can direct Staff to review and process a Development Plan application administratively. The Planning and Zoning Commission (“PZC”) reviewed the plans at their February 15, 2022 regular meeting. Overall support for the project was received by PZC, and their comments are enumerated below. BACKGROUND: The initial concept for a siren in the Wildridge subdivision came after the May 2019 wildfire evacuation drill. During that drill, Avon police officers selected one neighborhood within which to knock on doors to notify occupants of the pending evacuation drill. The experience from that exercise was that several occupants did not receive the test phone alert and were not aware of the evacuation drill. Research included the review of other local systems already in place, including Bachelor Gulch’s siren. Upon working with Sentry Siren company and reviewing available public property in Wildridge, it was determined that for maximum coverage Tract J would provide the most effective system. The siren on Tract J was tested last spring with some mixed results. Specifically, it was audible outdoors for most, and less effective for those indoors. Some properties located lower down (i.e. Draw Spur Road) in the subdivision could not hear the device given topographic constraints. Since last spring Town staff has researched other newer technology devices to add to and supplement the existing siren so as to provide a comprehensive system to serve the entire northern hillside communities. Staff was unable to procure the High-Powered Speaker Array (“HPSA”) devices that Sentry Siren has recently prototyped, and therefore, decided to model and present to PZC a mix of “traditional” units that are similar to the existing installed siren. Pros The benefit in using a traditional siren system as opposed to newer technology devices (i.e. HPSA) include: proven mechanical technology, effective range, low-tech, long life expectancy of 25-50 years, common familiarity in event of emergency, zero maintenance, and fewer installations with greater coverage that speaker type units. Page 2 of 5 Cons Higher upfront costs and aesthetic concerns are the main detractions with sirens. Upgrading electrical service to accommodate sirens with high-powered motors can be costly, however, staff is pursuing the f battery-operated systems. This could lower the upfront costs with electricity service and provide an effective system even if electrical power is cut during a natural disaster. EXISTING SIREN & COVERAGE: The coverage map provided by the manufacturer in 2019 estimated a consistent spread (see map below) across the Wildridge and Mountain Star subdivisions . Computer Generated Coverage for Existing siren Existing Siren in Wildridge PROJECTED COVERAGE: The inclusion of a 14V model in Mountain Star, and additional (smaller) sirens at the O’Neal Spur Park, the Avon Annex (Wildwood), and Saddleridge Apartments, would support a more consistent siren volume throughout the entire northern hillside communities. This updated coverage map for the existing Siren on Tract J, plus the additional four (4) units is provided below. Coverage Study for Existing 12V model, one 14V model for Mtn Star, and three 3V models for Wildridge and WIldwood Page 3 of 5 DEVELOPMENT CODE: Staff approved the first siren administratively in January 2021. The application was processed as a Minor Development Plan and since the Avon Development Code does not contain standards for siren structures, the antenna and satellite dish standards were reviewed in the context of the application. Screening standards also apply to antennas and dishes according to Section 7.28 .060(b)(2) of the Avon Development Code. The screening standards were met by utilizing a natural earth tone color as permitted by Alternate Screen standards in Section 7.28.060(d)(4), which “may include, but shall not be limited to, increased setbacks, increased landscaping, grouping the equipment on specific portions of a site, architectural features and painting.” NEW SIRENS: Proposed for the Mountain Star location and modeled for coverage is Model 14V: Page 4 of 5 The other three units for O’Neal Spur, Saddleridge Apartments (formerly Fire House), and Annex would be a lower rated 3V unit, as detailed here: PZC COMMENTS: At the PZC hearing comments were received from Jeff Snyder, who was attending on behalf of Mountain Star. There were questions about the coverage map and their were questions about next steps regarding the Mountain Star tank location. PZC recommended dark, earth tone colors for the pole and siren structures, similar to the installed Wildridge Siren design. For the Saddleridge Apartments lot, O’Neal Spur Park, and Avon Annex locations PZC recommended siting the sirens close to the existing buildings on the sites. FINANCIAL IMPLICATIONS: This project is in the approved budget for 2022. Council would need to approve a budget amendment (scheduled for April 2022) in order to proceed with this project. Sentry Siren company has provided quotes for the replacement of the existing Wildridge siren with a battery powered system, and purchase of the other three (3) sirens as outlined above. In addition to Sentry Siren’s proposals, Staff has estimated costs associated with all permanent power requirements, including running new service. The breakdown of estimated costs is as follows: SIREN ELECTRIC POLE OTHER TANK, TRACT J 17,637$ 50,000$ O'NEIL SPUR 32,517$ 5,000$ 4,375$ SADDLERIDGE APARTMENTS 32,517$ 5,000$ 4,375$ ANNEX 32,517$ 5,000$ 4,375$ MOUNTAIN STAR 32,517$ 35,000$ 4,375$ SUBTOTAL 147,704$ 100,000$ 17,500$ TOTAL 265,204$ 5% Contingency 13,260$ GRAND TOTAL 278,464$ Page 5 of 5 POTENTIAL NEXT STEPS: Staff offers the following potential next steps for the project: • Budget Amendment. $278,464 estimated total project cost • Work with Eagle River Water and Sanitation on easements/agreements for Mountain Star location and power. • Direct staff to either 1) Post properties and hold public hearing with PZC for review, or 2) Direct staff to administratively process Development Plan application for new structures. ALTERNATIVE NEXT STEPS: • Request more information • Research other notification systems • Install one or two additional sirens and reevaluate coverage • Seek additional funding opportunities • Do nothing Thank you, Matt ATTACHMENT: Coverage Study for Avon Sentry Siren Coverage Study for Avon, CO - Version 5 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Version 5.1 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Version 5.2 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Version 5.3 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Version 5.4 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Version 5.5 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Existing Siren 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Mountain Star 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - O’Neal Spur Park 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Pocket Park 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. Sentry Siren Coverage Study for Avon, CO - Public Works / Wildwood 719-275-8691 www.SentrySiren.com •Siren coverages are approximate and assume perfect conditions. •Actual coverages may vary based on local terrain, conditions, foliage, structures and other unknown conditions. •Sentry Siren makes no guarantee that coverage shown will mimic actual, real-world, coverage. •Coverage area is based on computer generated data and FEMA Guidelines covering atmospheric attenuation. •Data subject to license and use / reproduction is restricted. 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: Resolution 22-04, Authorizing Town Manager to Sign Contracts and Easements with Holy Cross Energy Regarding Infrastructure Projects DATE: March 18, 2021 DISCUSSION: The Town of Avon enters in agreements with Holy Cross Energy for providing new electrical services, photovoltaic systems, installation of infrastructure, and granting of electrical infrastructure easements. In the past, Staff has presented each agreement to Town Council for their consideration. Staff is requesting that Town Council grant authority to the Town Manager to enter into these agreements on behalf of the Town and with the concurrence of the Town Attorney to simplify and expediate entering into the agreements. The impetus of the request is that the agreements are standardized and the quantity of agreements that will be required in the next couple of years. The projects that require Holy Cross Agreements in the near future are: 1. Harry A. Nottingham Park – Powerline Undergrounding 2. Harry A. Nottingham Park – East Improvements 3. Harry A. Nottingham Park – North Restrooms 4. Wildfire Sirens in Wildridge and Mountain Star 5. Swift Gulch Employee Housing Project 6. Photovoltaic System at Fleet Building 7. 351 West Benchmark demolition/reconstruction 8. West Main Street Mall Improvements RECOMMENDATION: I recommend Council approve Resolution 22-04, Authorizing the Town Manager to Sign Contracts and Easements with Holy Cross Energy Regarding Infrastructure Projects. PROPOSED MOTION: “I move to approve Resolution 22-04, Authorizing the Town Manager to Sign Contracts and Easements with Holy Cross Energy Regarding Infrastructure Projects.” Thank you, Justin Page 1 of 1 RESOLUTION NO. 22-04 AUTHORIZING TOWN MANAGER TO SIGN CONTRACTS AND EASEMENTS WITH HOLY CROSS ENERGY REGARDING INFRASTRUCTURE PROJECTS WHEREAS, the Town of Avon, Colorado (“Town”) is a Colorado home rule municipality; and WHEREAS, the Town routinely has infrastructure projects that require contracts with Holy Cross Energy to install electric infrastructure; and WHEREAS, in order to make the process both timely and to reduce unnecessary and repetitive agenda items on Town Council meetings, the Avon Town Council (“Town Council”) desires to authorize the Town Manager to execute the required contracts and easements with Holy Cross Energy; and, WHEREAS, the Town Council finds that the efficient and timely execution of required contracts with Holy Cross Energy will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, the Town Council hereby RESOLVES that the Town Manager is authorized to execute all necessary contracts and easements with Holy Cross Energy provided that such contracts have been approved to form by the Avon Town Attorney. ADOPTED on March 22, 2022 by the AVON TOWN COUNCIL By:_______________________________ Attest:_________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 1. CALL TO ORDER AND ROLL CALL Video Start Time: 00:00:01 The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith Hymes called the Council regular meeting to order at 5:00 p.m. A roll call was taken, and Council members present in person were Amy Phillips, Scott Prince, RJ Andrade, Lindsay Hardy, Tamra Underwood, and Chico Thuon. Also present via Zoom was Human Resources Director Lance Richards and in person were Mobility Manager Eva Wilson, CASE Manager Danita Dempsey, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, Town Manager Eric Heil, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:25 Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:00:43 Councilor Hardy disclosed that one of the applicants for agenda item 5.2 CASE appointments is one of the principals within her office. Councilor Prince asked her if she reports directly to this person, which she said she does not and that they work in different departments. Councilor Underwood moved to declare that Councilor Hardy does not have a conflict of interest with respect to the evaluation or decision of CASE members. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 1. Councilor Hardy did not vote, and Councilor Prince voted no. 4. PUBLIC COMMENT Video Start Time: 00:02:59 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. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-02 AN ORDINANCE AMENDING CHAPTER 9.12.080 OF THE AVON MUNICIPAL CODE REGARDING PUBLIC CONSUMPTION OF ALCOHOL ON TOWN-OWNED PROPERTY (TOWN PROSECUTOR ELIZABETH PIERCE-DURANCE) Video Start Time: 00:03:40 Town Prosecutor Elizabeth Pierce -Durance presented Ordinance 22 -02. No Council comments were made. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve on Second Reading Ordinance 22-02, which modifies Code section 9.12.080(c) relating to lawful consumption of alcohol on Town-owned properties. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5.2. CULTURE, ARTS & SPECIAL EVENTS (CASE) COMMITTEE APPOINTMENTS (CASE MANAGER DANITA DEMPSEY) Video Start Time: 00:05:42 CASE Manger Danita Dempsey pointed out a typo in the second paragraph in her report, it should read 4 applicants for 3 open seats (not 4). Applicants Pedro Campos, Doug Jimenez, Jen Dean, and Kim Hannold were present in person and went through a round of intro ductions and questions from Council, 5 minutes for each applicant . Council members voted and Deputy Town Clerk Brenda Torres announced that the 3 candidates appointed were Pedro Campos with 7 votes, Doug Jimenez with 7 votes, and Kim Hannold with 6 votes. Mayor Smith Hymes thanked all the applicants. 5.3. PUBLIC HEARING: RESOLUTION 22-01, A RESOLUTION FOR PRELIMINARY SUBDIVISION APPLICATION, LOT 3 AND LOT 6, MCGRADY ACRES SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:37:14 Planning Director Matt Pielsticker gave a quick summary and presented staff recommendations. Council discussed different issues including fencing, the pocket-park, the pedestrian path, water rights, and creating a deed restricted unit. Mayor Smith Hymes called for public comments and three public comments were made in person. Buz Didier, Eaglebend Drive resident, commented. He said it seems like there is a lot going on and he expressed his concern is that once the development is done the parking will be a problem in that area. Guy Erickson, Eaglebend Drive resident, commented. He said his plat goes into the river and goes up to the tract that now Eaglebend HOA has, and said he is there to answer any questions and that he has the easement that was set up back in 2001. He mentioned the tank was professionally removed. Later, Planning Director Matt Pielsticker explained he received a written public comment by email from Bette Todd, who was present, so she expressed her comment in person as Council did not see that comment. She said there have been a number of requests throughout the hearings from Eaglebend drive residents on the landscaping at the end of the cul-de-sac, they are requesting to add a dense landscaping to help to break down the impact of those buildings and the views. Councilor Underwood asked who pays for the improvements of the bus stop and the pull out and if there is enough space for a standard bus stop shelter. Mayor Pro Tem Phillips said her concern is that there is not enough space for snow storage in the winter and to not be able to adequately maintain the path that goes to that bus stop. Councilor Hardy asked about connectivity as the path seems to end at the park and said she is concerned about the privacy between the buildings being so close together. Applicant Andrea McMillen was present in person and explained the fencing, landscaping, and the width included in the pedestrian easement. Mayor Smith Hymes said that if the landscaping code gets updated before the final plat, she wants this to comply with the new regulations. Councilor Prince clarified the land dedication numbers on value per square foot. He said he needs to do a site visit and asked staff to help Council visualize what is proposed. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Pro Tem Phillips requested to make the pocket-park bigger and said this would also create a bigger separation. She proposed the two buildings right next to the cul-de-sac to be treated on a more 360 views as that would be more valuable for the great sunset views. Councilor Thuon agreed with her comment and said he agrees that land is better than cash in lieu. Council consensus was to double the size and enhance the amenities of the park and to schedule a site visit. Mayor Pro Tem Phillips moved to continue Resolution 22-01 to the March 22nd meeting and to have a site tour with the applicant, all Council members, the Town Attorney, and the public that day at 4:15 p.m. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.4. EMPLOYEE HOUSING MITIGATION P LAN FOR MCGRADY ACRES SUBDIVISION (PLANNING DIRECTOR MATT P IELSTICKER) Video Start Time: 02:43:30 Planning Director Matt Pielsticker said there is nothing else to add to what has been presented in the packet tonight and he recommended continuing this item as item 5.3 Res olution 22-01 has been continued as well. Mayor Pro Tem Phillips said she would like to see the development to off er one of these units as a deed restricted unit with a reduced price by the value of a two-bedroom condo. Councilor Thuon agreed to put a deed restriction on one of those units and said he prefers to have a new unit added in the Town’s home stock instead of converting another one. Councilor Andrade agreed on having a new unit for deed restriction. Councilor Prince disagreed on reducing the price on the first sale as there is nothing preventing a future sale from going back up to market rate. He does not think that making a requirement for a multi -million-dollar deed restricted property makes sense, he said it would have more value taking a unit that is free market, and deed restricting that. Councilor Underwood moved to continue Employee Housing Mitigation Plan for McGrady Acres Subdivision to the March 22 nd meeting. Mayor Pro Tem Phillips seconded th e motion and the motion passed with a vote of 7 to 0. 5.5. WORK SESSION: AVON PARKING MANAGEMENT PLAN (MOBILITY MANAGER EVA WILSON) Video Start Time: 03:01:20 The meeting was very behind schedule, so Town Manager Eric Heil suggested to move on to item 5.6. as the presenter Ruth Borne had been waiting for a long time. Video Start Time: 03:09:05 After item 5.6 was discussed, Town Manger Eric Heil suggested to move this item to the March 22nd agenda along with item 5.7. Council agreed on moving item 5.6 but wanted to discuss item 5.7 tonight. Councilor Prince suggested to schedule this item early in the agenda, so Mobility Manager Eva Wilson does not have to wait long at the next meeting. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5.6. APPROVAL OF ASSIGNMENT AND ASSUMPTION OF RESTATED DEVELOPMENT AGREEMENT FOR LOT 3, MOUNTAIN VISTA (INTERIM TOWN ATTORNEY KARL HANLON) Video Start Time: 03:01:49 Interim Town Attorney Karl Hanlon introduced the topic and recommended to move on in this assignment. Ruth Borne was present in person and she explained Tract C is the vacant land between the Town Hall building and Sheraton Mountain Vista building . Councilor Underwood asked if the re are any expiring or vested rights , which Ruth Borne said already expired. Town Manager Eric Heil explained that the 2016 restated Development Agreeme nt addresses water rights, parking, employee housing mitigation, the recreational amenities fee, and other issues. He said that t he proposed assignment and assumption is for all rights and obligations . Councilor Andrade moved to approve the Assignment and Assumption of Restated Development Agreement for Tract C from Points of Colorado, Inc., to Lot 3 Mountain Vista LLC. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.7. RESOLUTION 22-05: AMENDING RESOLUTION 20-17 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF FOOD TRUCKS (CULTURE , ARTS & SPECIAL EVENTS MANAGER DANITA DEMPSEY) Video Start Time: 03:11:05 Town Manager Eric Heil presented Resolution 22-05 for Council consideration. He explained that staff is recommending having only one food truck in location #1 by the park and to work with SUP Co concessionaire to have beverages and snacks to serve the beach area. Councilor Thuon said a food truck there would be a good idea and he is proactive for it and said it does not have to be an existing business and this will be enabling somebody that could not afford a restaurant to get into a new business. He supported Councilor's Hardy comments from the last meeting on doing it maybe once a month. He said that restaurants did well during COVID-19. Mayor Smith Hymes asked if food trucks will have to comply with packaging regulations, Town Manager Eric Heil confirmed they will. Councilor Prince was in support with having out-of-town businesses also, not only local. Mayor Pro Tem Phillips suggested to review this in a year, but said that as it is proposed tonight, which is more limited than what was presented the last time, she can get behind the limited number of stations, which is helpful that they are not directly in front of any restaurant. She said it is fine limiting it to the concessions at the SUP Co plus one food truck. Councilor Underwood clarified that the three summer locations will be one at the time and agreed with the SUP Co area. She said it is a good idea to have the winter location by the gondolas. Councilor Andrade agrees with the grab-and-go by the SUP Co area only. Mayor Smith Hymes called for public comments and Ruth Stanley commented by zoom. She said she is not sure why the Town would not do this if it will bring money to the Town, and that it would be nice to have a food truck at the park and on Sunset Live events. Councilor Hardy moved to approve Resolution 22-05 Establishing the Location and Maximum Number of Food Trucks removing the restriction that “…such food trucks and vendors are operated by an existing restaurant or food purveyor business in Avon”. Councilor Prince seconded the motion and the motion passed with a vote of 6 to 0. Councilor Andrade voted no. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5.8. APPROVAL OF 2021 AUDIT ENGAGEMENT LETTER WITH MCMAHAN AND ASSOCIATES, L.L.C., CERTIFIED PUBLIC ACCOUNTANTS (FINANCE D IRECTOR SCOTT WRIGHT) Video Start Time: 03:24:30 Town Manager Eric Heil explained this is as straight forward as it can be. Finance Director Scott Wright was present via zoom. Councilor Underwood clarified this is a one calendar year commitment. Councilor Prince moved to approve the audit engagement letter with McMahan and Associates, located in Avon, CO, for the 2021 calendar year independent audit. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 6. MINUTES 6.1. APPROVAL OF FEBRUARY 22, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 03:27:17 Councilor Underwood moved to approve the February 22, 2022 as presented. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 7. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:27:43 Councilor Underwood shared a piece of Avon pride, an Avon postcard from the Westin Riverfront, one of the Town’s largest tax-paying entities. She said she is so grateful to people giving their all like Pedro Campos. Councilor Hardy supported that comment and added that he has such passion for this town. Councilor Thuon mentioned the community lost a great member, Gary Shimanowitz, one of the managers of Beaver Creek and that he will be missed. Mayor Smith Hymes said she and Town Manager Eric Heil went to the quarterly Climate Action Collaborative meeting, and they met with the new Colorado Parks and Wildlife person who covers District 8; they also went to the annual Colorado Ski Association and got updates, and said if anyone is interested, she will be happy to share the link to see that information. She asked how Councilors would feel about putting the Ukrainian flag up in sign of support, all members supported that idea. Town Manager Eric Heil suggested to display it for one month and come along with a press release to announce to the public the reason why and for how long. Mayor Pro Tem wanted to make sure to get one big enough and to start counting the month from the moment it is put up. 8 . EXECUTIVE SESSION Video Start Time: 01:33:44 8.1. AN EXECUTIVE SESSION PURSUANT TO COLORADO REVISED STATUTE 24-6-402(4)(B) AND (E)(I) FOR A CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSES OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS AND FOR DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS SPECIFICALLY RELATING TO A REQUEST TO RECONSIDER WATER TAP FEES AND KAYAK CROSSING AFFORDABLE HOUSING. 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 8:36 p.m. AVON REGULAR MEETING MINUTES TUESDAY MARCH 8, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM At the roll call, all members of Council were present in person. Also present were Town Manager Eric Heil, Interim Town Attorney Karl Hanlon, and Deputy Town Clerk Brenda Torres. The Executive Session started at 8:44 p.m. Councilor Prince left the meeting at 9:11 p.m. The Executive Session ended at 9:36 p.m. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:36 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, Deputy Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, MARCH 15, 2022 1. CALL TO ORDER AND ROLL CALL THE MEETING WAS CALLED TO ORDER AT 5:04PM. A ROLLCALL WAS TAKEN, AND ALL COMMISSIONERS WERE PRESENT EXCEPT FOR COMMISSIONER LANIOUS AND COMMISSIONER LANG. ALSO PRESENT WERE TOWN MANAGER ERIC HEIL, PLANNING DIRECTOR MATT PIELSTICKER, SENIOR PLANNER JENA SKINNER, PLANNER 1+ MAX MORGAN, AND CULTURAL ARTS AND SPECIAL EVENTS MANAGER DANITA DEMPSEY. 2. APPROVAL OF AGENDA ACTION: THERE WERE NO CHANGES PROPOSED TO THE AGENDA. COMMISSIONER SEKINGER MOTIONED TO APPROVE THE AGENDA AS PUBLISHED. THE MOTION WAS SECONDED BY COMMISSIONER GOLEMBIEWSKI, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEM THERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION. 4. 2458 DRAW SPUR / ALTERNATIVE EQUIVALENT COMPLIANCE AND MINOR DEVELOPMENT PLAN - PUBLIC HEARING – SPLIT RAIL FENCE ON A FOURPLEX TOWNHOME IN WILDRIDGE (PLANNING DIRECTOR MATT PIELSTICKER J ENNIFER T UCKER). PUBLIC COMMENTS : NONE. 1ST ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE AEC APPLICATION WITH THE FOLLOWING FINDINGS: 1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.120, ALTERNATIVE EQUIVALENT COMPLIANCE; 2. THE PROPOSED ALTERNATIVE ACHIEVES THE INTENT OF THE SUBJECT DESIGN OR DEVELOPMENT STANDARD TO THE SAME OR BETTER DEGREE THAN THE SUBJECT STANDARD; 3. THE PROPOSED ALTERNATIVE ACHIEVES THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN TO THE SAME OR BETTER DEGREE THAN THE SUBJECT STANDARD; 4. THE PROPOSED ALTERNATIVE RESULTS IN BENEFITS TO THE COMMUNITY THAT ARE EQUIVALENT TO OR BETTER THAN COMPLIANCE WITH THE SUBJECT STANDARD; 5. THE PROPOSED WIRE MESH DOES NOT IMPOSE GREATER IMPACTS ON ADJACENT PROPERTIES THAN WOULD OCCUR THROUGH COMPLIANCE WITH THE SPECIFIC REQUIREMENTS OF THE CODE; 6. THE FENCED EXCEEDS THE ALLOWABLE FENCED AREA, BUT IT IS LOCATED IN A HEAVILY LANDSCAPED AREA THAT IS NOT VISUALLY IMPACTFUL TO THE NEIGHBORHOOD. COMMISSIONER GOLEMBIEWSKI SECONDED THE MOTION AND MOTION PASSED WITH A 4-1 VOTE WITH COMMISSIONER BARNES IN OPPOSITION. 2ND ACTION: COMMISSIONER MACALLISTER MADE A MOTION TO APPROVE THE MINOR DEVELOPMENT PLAN APPLICATION WITH THE FOLLOWING FINDINGS: 1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.080(F), DEVELOPMENT PLAN; 2. THE DESIGN MEETS THE DEVELOPMENT AND DESIGN STANDARDS ESTABLISHED IN THE AVON DEVELOPMENT CODE, WITH ALTERNATIVE DESIGN APPROVED BY AEC APPLICATION; 2 3. THE APPLICATION IS COMPLETE; 4. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW THE PZC TO DETERMINE THAT THE APPLICATION COMPLIES WITH THE RELEVANT REVIEW CRITERIA; 5. THE APPLICATION COMPLIES WITH THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN; 6. THE DEMAND FOR PUBLIC SERVICES IS UNAFFECTED; AND 7. THE DESIGN OF THE FENCE RELATES TO THE CHARACTER OF THE SURROUNDING COMMUNITY AND OTHER SIMILAR IMPROVEMENTS ON DRAW SPUR ROAD. 8. THE PROPERTY IS MULTIFAMILY AND THE OTHER OWNERS HAVE APPROVED THE FENCE DESIGN, AS REQUIRED BY §7.28.080(B)(1)(V). COMMISSIONER SEKINGER SECONDED THE MOTION AND MOTION PASSED WITH A 4-1 VOTE; COMMISSIONER BARNES IN OPPOSITION. 5. 240 CHAPEL PLACE / VARIANCE AND SIGN PLAN – PUBLIC HEARING – REQUEST FOR LARGER STOREFRONT SIGN THAT SIGN CODE PERMITS, AND DESIGN REVIEW OF TWO SIGNS TOTAL (SENIOR PLANNER JENA SKINNER AND TJ MALONE) ACTION: COMMISSIONER GOLEMBIEWSKI MADE A MOTION TO CONTINUE THE APPLICATIONS TO THE APRIL 5TH, 2022 MEETING. THE MOTION WAS SECONDED BY COMMISSIONER BARNES; THE MOTION PASSED WITH A 3-2 VOTE AND COMMISSIONERS NUSBAUM AND MACALLISTER OPPOSED. 6. HISTORIC MARKER SIGNS – REFERRAL – DISCUSS AND PROVIDE RECOMMENDATIONS ON DESIGN AND LOCATION OF NINE (9) HISTORIC MONUMENT SIGNS (PLANNING DIRECTOR MATT PIELSTICKER AND CULTURAL ARTS AND SPECIAL EVENTS MANAGER DANITA DEMPSEY) ACTION: NO ACTION NECESSARY. 7. CONSENT AGENDA 7.1. APPROVAL OF MINUTES FROM FEBRUARY 15, 2022 PZC MEETING ACTION: COMMISSIONER NUSBAUM MADE A MOTION TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER BARNES AND THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE. 8. STAFF UPDATES -NEW STAFF -REGIONAL TRANSIT AUTHORITY 7. ADJOURN THE MEETING WAS A DJOURNED AT 6:32PM. THESE MEETING NOTES 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 AUD IO RECORDING OF THE MEETING , WHICH CAN BE OBTAINED FROM THE T OWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST . RESPECTUFALLY SUBMITTED Matt Pielsticker (970) 748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director RE: Avon Wastewater Treatment Facility Nutrient Upgrades 1041 Permit | Annual Update Report on Progress DATE: March 16, 2021 SUMMARY: On February 25, 2020 the Avon Town Council approved a 1041 Permit for the Avon Wastewater Facility Nutrient Upgrade project. The purpose of the attached report is to provide an update to the Avon Town Council on the progress related to that permit. In addition to addressing all design and development related conditions of approval, this annual report intends to satisfactorily address the requirements outlined in Avon Municipal Code Section 7.40.380, Annual Review. Thank you, Matt ATTACHMENT: File No. TEN19001, Annual Report, February 25, 2022 February 25, 2022 Matt Pielsticker Town of Avon 100 Mikaela Way Avon, Colorado, 81620 Re: File No. TEN19001 1041 Annual Report Dear Mr. Pielsticker, Eagle River Water and Sanitation District is pleased to present our annual report on the Avon Wastewater Treatment Facility Nutrient Upgrades Project as required by Permit No. TEN 19001. The project continues to be in compliance with all conditions of the Permit and applicable regulations. Overview of Work Completed Work Completed in 2020 Moltz Construction, the general contractor, mobilized on May 4, 2020. Work began with site demolition, and installation of a construction fence with noise mitigation fabric along the west property line near LiftView condominiums. Concrete work for expansion of the aeration basins was completed and concrete placements started for the new secondary clarifier tank. The tower crane, erected on a micropile foundation, can be seen from Nottingham Lake. Figure 1: Construction site aerial image (fall 2021) Page 2 of 5 Work Completed in 2021 Structural shotcrete was applied to the existing aeration basin 2 walls allowing for the walkways to be poured. The building over the new aeration basin volume was erected, with precast concrete wall and roof panels set during a single week. The process was repeated in November 2021 and the building over existing aeration basin 2 was set in less than a week. New screens, screw conveyor, and washer compactors were installed and commissioned in the headworks, and an increase in screenings capture quantity was immediately observed. Moltz’s crews have also installed the new secondary clarifier mechanism and scum skimmer. Significant progress has been made with installation of the carbon scrubber odor control equipment. In order to perform the work in the primary treatment process, the entire flow through the facility was bypassed using a temporary pipeline and pumps for the duration of one month. Work Completed in 2022 The project team has completed the largest commissioning event of the project, bringing half of the new aeration basin volume, blowers, diffusers, instrumentation, and associated piping online in early January 2022. This event essentially starts the new secondary wastewater process, improving process control, access, and treatment capability. Once the new internal mix liquor recycle (IMLR) system is installed in early 2022, the facility will be able to operate in either an A2O or 5-stage Bardenpho configurations exceeding Regulation 85 nutrient limits. Figure 2: Inside existing aeration basin building Page 3 of 5 Figure 3. Existing blowers (left) and new blowers (right) Additional upcoming project work will include • Modifications of aeration basin 1 including soil removal, installation of temporary shoring, shotcrete and rebar installation, construction of baffle walls, and equipment installation • Forming, reinforcing, and pouring concrete for the secondary clarifier basin upper floor slab and erecting the clarifier building • Commissioning of the carbon scrubber odor control equipment • Commissioning of the Strobic fan odor control equipment • Completion of internal facility process piping The project is on schedule to meet the final completion date of January 9, 2023. Through the end of 2021, $29,078,837.94 has been spent of the $49,627,732 contractor budget, about 59%. Currently, we are 66% complete with the project schedule and have used less than 20% of our owner’s contingency. ERWSD operations staff deserves special recognition for supporting the needs of the construction project while keeping the Avon WWTF operating efficiently. ERWSD has maintained and exceeded environmental compliance while operating the facility at half the final design capacity through the busy ski season. Conditions of the 1041 Permit Construction activities that produce audible noise shall be limited to the hours of 7am to 7pm Monday through Saturday, and 8am to 6pm on Sundays and Holidays; All audible noise has been limited to between the hours of 7am to 7 pm Monday through Saturday, and 8 am to 6 pm on Sundays and Holidays. No noise complaints were received in 2021 related to this construction work. Page 4 of 5 Physical condition of Millie’s Lane will be documented prior to construction. If significant deterioration of the road surface is found resulting from construction related activities, the District must restore the roadway to pre-existing condition or better prior to the permit being closed; ERWSD documented the condition of Millie’s Lane at the beginning of construction and photographs were included in the 2021 Annual Report. The condition of the road after completion of construction in 2022 will be compared to the condition before construction. ERWSD is also planning to install a water main along Millie’s Lane which will impact the road condition. Plans for the water main will be submitted the Town of Avon for a Right of Way permit. The District will collaborate with the Town of Avon on paving following this project. A Minor Subdivision Application is required to modify lot lines prior to building permit issuance; The Minor Subdivision Application was approved by the Town of Avon on May 14, 2020. The plat was filed for record with Eagle County on May 28, 2020. Screening alternatives, color schemes, and architectural elements will be brought before PZC to alleviate south and west elevations prior to completion of the project; Screening alternatives, color scheme and architectural elements were presented to and approved by the Planning and Zoning Commission on September 1, 2020. A new landscape plan must be approved by PZC and installed prior to completion of the project. The former Hahnewald Barn area shall be planted with appropriate riverine trees to replace, at a 1:1 value or better, any trees removed and not replanted on the adjacent property (Lot 9 Block 3 Benchmark at Beaver Creek) and to properly screen the Eagle Valley Trail; ERWSD presented the landscaping plan to Planning and Zoning Commission on January 19, 2021. The Commission approved the plan with conditions. The fence design will be presented to Planning Staff for approval before its construction; ERWSD submitted the fence design to Planning Staff in February 2022, however the proposed fencing requires further review. Minor Development Plan and Alternative Equivalent Compliance applications are currently in development. All lighting on the property shall comply with Avon’s Dark Sky Ordinance before a final Certificate of Occupancy will be issued; and All lighting specified in this project complies with Avon’s Dark Sky Ordinance. ERWSD staff shall conduct an inspection at night after all the external lighting has been installed to ensure there will be no nuisance light to the neighboring community. On or before March 1, 2021, and each year thereafter for the life of the permit, ERWSD shall submit a written report to the Town Council, via the Director, detailing all past activities conducted by the applicant pursuant to the Permit, including a satisfactory showing that the Permittee is in compliance with all conditions of the Permit and applicable regulations. This report is intended to fulfill the written report permit condition. Page 5 of 5 ERWSD would like to thank the Town of Avon Planning Staff, Planning and Zoning Commission, and Town Council for their support and feedback through the Nutrient Upgrades Project and for their continued collaboration throughout permit condition resolution. Please contact me if you require additional information or have any questions or concerns about the information presented herein. Sincerely, Melissa Marts Project Manager mmarts@erwsd.org (970) 401-1329 970-748-4069 cfackler@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Joel McCracken, Finance Manager RE: Financial Report - January & February 2022 DATE: March 15th, 2022 SUMMARY: The content of this report will reflect the revenues for sales, accommodations, tobacco, and cigarette tax for the period of January 2022. In addition, recreation and real estate transfer tax revenues for the period of February 2022 will be reported on. Lastly, from the results of the November 2021 election, the Town has begun collecting Short-Term Rental Tax for Community Housing. There will be a brief section reflecting these revenues for January 2022. This is submitted as a written report and no action by Council is being requested. BACKGROUND: The Town’s 2022 proposed budget was adopted in December 2021. The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for the periods January February revenues in 2022. Tax revenues are not budgeted on a monthly basis. However, for purposes of analysis, monthly budget variances are based on a 5-year average of actual revenues. ANALYSIS: Sales Tax Revenues – January 2022 January 2022: January sales tax revenues totaled $1,171,214. This is an increase of $250,589 or 27.22% compared to January 2021 sales tax revenue of $920,625. JANUARY 2021 v DECEMBER 2022 SALES TAX COMPARISON BY INDUSTRY January 2021 January 2022 Increase/Decrease Home/Garden $72,041.54 $85,024.38 $12,982.84 Grocery/Specialty/Health $200,695.96 $221,906.52 $21,210.56 Sporting Goods Retail/Rental $105,528.68 $157,603.40 $52,074.72 Miscellaneous Retail $25,898.18 $36,331.12 $10,432.94 Accommodations $190,277.69 $322,267.03 $131,989.34 Restaurants/Bars $127,291.65 $197,531.23 $70,239.58 Other $9,302.22 $10,756.31 $1,454.09 Service Related $37,811.09 $18,868.31 ($18,942.78) Liquor Stores $58,743.32 $39,380.92 ($19,362.40) E-Commerce Retail $40,864.67 $44,728.67 $3,864.00 Manufacturing/Wholesale $9,566.29 $6,596.84 ($2,969.45) Construction Related Services $30,982.72 $20,864.23 ($10,118.49) Page 2 of 8 Digital Media Suppliers/Sellers $8,143.94 $6,477.34 ($1,666.60) Commercial/Industrial Equipment $3,412.26 $1,528.56 ($1,883.70) Special Events $64.56 $1,348.79 $1,284.23 TOTAL $920,624.77 $1,171,213.65 $250,588.88 Note: Since the SUTS system was first implemented in the Town of Avon in late 2020, more than 100 businesses have registered to remit sales tax which has resulted in e-commerce retail sales tax revenues to dramatically increase. January 2022 Proposed Budget v Actual Collections: January 2022 sales tax revenues totaled $1,171,214. This is an increase of $95,471 over the proposed January 2022 estimates of $1,075,743. This is 8.87% over the proposed original 2022 budget, which is calculated based on a 5-year average. JANUARY v JANUARY 2022 PROPOSED BUDGET v ACTUAL COLLECTIONS - SALES TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance January $1,075,742.57 $1,171,213.65 $95,471.08 8.87% 825,816.08 819,179.33 841,459.85 920,624.77 1,171,213.65 -0.80% 2.72% 9.41% 27.22% $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 2018 2019 2020 2021 2022 2018-2022 January Sales Tax Revenue Trend Page 3 of 8 Accommodation Tax Revenues – January 2022 January 2022: Accommodation tax revenues totaled $322,277 for the month of January. This is an increase of $179,063 or 125.03% compared to January 2021 accommodation tax revenues, which totaled $143,214. Accommodation tax collections by industry type for January 2022 compared to January 2022 reported an increase for Vacation Rentals, Time Shares and Hotels. JANUARY 2021 v JANUARY 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY January 2021 January 2022 Increase/(Decrease) Timeshares $38,945.75 $45,631.86 $6,686.11 Hotels $72,074.70 $112,654.02 $40,579.32 Vacation Rentals $32,193.53 $163,991.22 $131,797.69 TOTAL $143,213.98 $322,277.10 $179,063.12 Note: In 2021 there were more than 50 new licenses issued for STR’s compared to 2020. The vacation rentals for January 2022 compared to 2021 is up over 400%! January 2022 Proposed Budget v Actual Collections: January 2022 accommodation tax revenues totaled $322,277. This is an increase of $52,535 over the proposed January 2022 estimates of $269,742. This is 19.48% over the 2022 proposed budget. JANUARY v JANUARY 2022 PROPOSED BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance January $269,742.21 $381,635.02 $52,534.89 19.48% Page 4 of 8 STR Tax for Community Housing – January 2022 January 2022: STR Tax for Community Housing totaled $148,282 for the month of January. There are no previous period revenues to compare this to. The amount of STR Tax for Community Housing compared to the annual budget represents 19.77% compared to the original proposed annual budget of $750,000. Exactly how accommodation tax is broken down, STR Tax for Community Housing is classified into three categories: Timeshares, Hotels, and Vacation Rentals. The Riverfront Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. JANUARY 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY January 2022 Timeshares $22,815.94 Hotels $47,207.45 Vacation Rentals $78,258.87 TOTAL $148,282.26 181,589 197,879 188,669 143,214 322,277 8.97% -4.65% -24.09% 125.03% $125,000 $175,000 $225,000 $275,000 $325,000 2018 2019 2020 2021 2022 2018-2022 January Accommodation Tax Revenue Trend Page 5 of 8 Tobacco & Cigarette Tax Revenues – January 2022 January 2022: Tobacco tax revenues totaled $31,099 and cigarette tax revenues totaled $18,039 for January 2022. Compared to January 2021 revenues, this is a decrease of $190 for tobacco tax revenues, which totaled $31,289 and a decrease of $2,667 for cigarette tax revenues, which totaled $20,706 6,650 17,253 20,706 18,039 159.44% 20.01% -12.88% - 5,000 10,000 15,000 20,000 25,000 2019 2020 2021 2022 2019-2022 January Cigarette Excise Tax Revenue Trend 5,487 12,926 31,289 31,099 135.58% 142.05% -0.61% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2019 2020 2021 2022 2019-2022 January Tobacco Tax Revenue Trend Page 6 of 8 January 2022 Proposed Budget v Actual Collections: January 2022 tobacco and cigarette tax revenues totaled $31,099 and $18,039, respectively. This is an increase of $8,302 over the proposed January 2022 budget for tobacco tax, which is $22,797 and an increase of $1,999 over for the proposed January 2022 budget for cigarette tax estimates, which is $16,040 which is based on a 5-year average. JANUARY 2022 PROPOSED BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2022 Budget 2022 Actual Dollar Variance Percentage Variance Tobacco $22,796.57 $31,098.66 $8,302.09 36.42% Cigarettes $16,039.88 $18,039.00 $1,999.12 12.46% Total $10,301.21 Real Estate Transfer Tax Revenues – February 2022 February 2022: February 2022 Real estate transfer tax totaled $887,387. Compared to February 2021, which totaled $362,428, this is an increase of $504,559. $269,579 $298,730 $388,026 $362,428 $887,387 10.81% 29.89% -6.60% 144.84% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 2018 2019 2020 2021 2022 Real Estate Transfer Tax February Revenue Trends Page 7 of 8 Note: The significant increase in February 2022 RETT revenues is directly linked to the sale of “The Pit” on Highway 6 and the sale of mountain star property. Recreation Center Revenues – February 2022 Admissions & Program Fees February 2022: Recreation admission revenues for January 2022 totaled $75,174, an increase of $45,246 compared to February 2022 which totaled $29,928. This is $15,325 over the proposed 2022 budget estimates of $59,849. Recreation program fee revenues for February 2022 totaled $16,643. This is a decrease of $2,131 compared to 2021, which totaled $17,774. This is $12,489 under the original 2022 budget estimates, which is $29,132 which is calculated based on a 5-year average. 75,953 64,868 70,588 29,929 75,174 -17.09% 8.10% -135.86% 60.19% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 2018 2019 2020 2021 2022 Recreation Admissions February Revenue Trends $35,280 $23,198 $25,526 $18,774 $16,643 -34.25% 10.04% -26.45%-11.35% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2018 2019 2020 2021 2022 Recreation Program Fees February Revenue Trends Page 8 of 8 Tax Revenue Comparison – YTD 2021 v 2022 Actual 2021 v 2022 All revenues except for cigarette tax are reporting an increase for 2021 compared to 2020. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2021 v Actual 2021 All revenues except for recreation program Fees reflect a positive variance over the Adopted 2021 budget. Below is a table which reflects the dollar change and percentage variance. Thank you, Joel McCracken 2021 v 2022 Year-to-Date Revenue Comparison 2021 YTD 2022 YTD Dollar Variance Percentage Variance Sales Tax $920,624.77 $1,171,213.65 $250,588.88 27.22% Acc. Tax $143,213.98 $322,277.10 $179,063.12 125.03% Tobacco Tax $31,288.64 $31,098.66 ($189.98) -.61% Cigarette Tax $20,706.00 $18,039.00 ($2,667.00) -12.88% RETT $581,684.29 $1,051,199.18 $469,514.89 80.72% Rec Admissions $58,207.21 $151,771.02 $93,563.81 160.74% Rec Program Fees $38,779.10 $37,450.66 ($1,328.44) -3.43% 2022 Revenue Comparison – Budget v Actual 2022 YTD Budget 2022 YTD Dollar Variance Percentage Variance Sales Tax $1,075,742.57 $1,171,213.65 $95,471.08 8.87% Acc. Tax $269,742.21 $322,277.10 $52,534.89 19.48% Tobacco Tax $22,796.57 $31,098.66 $8,302.09 36.42% Cigarette Tax 16,039.88 $18,039.00 $1,999.12 12.46% RETT $514,362.05 $1,051,199.18 $536,837.13 104.37% Rec Admissions $122,633.37 $151,771.02 $29,137.65 23.76% Rec Program Fees $58,839.20 $37,450.66 ($21,388.54) -36.35% 970-748-4446 mlabagh@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Michael Labagh, Recreation Director RE: Recreation Department Summer Camp Admissions DATE: March 16, 2022 SUMMARY: The Recreation Department Programs Division has created a tiered registration process for its youth summer camp offerings. Avon residents, Town of Avon employees and Eagle County residents are now prioritized in the Recreation Department’s youth summer camp registration process. BACKGROUND: The Recreation Department offers youth summer camp for children ages 5-11 years old. The state-licensed summer camp program is housed out of the Avon Elementary School gymnasium and runs for 10 weeks, Monday-Friday, 7:30 a.m. - 5:30 p.m. Children enjoy swimming, organized games, field trips, outside play and art projects. Due to childcare licensure requirements, transportation resources and limited staffing, the current max capacity of the camp is 26 children per day. Staff will increase the max capacity as camp counselors are recruited for the summer camp program. In previous years, summer camp registration opened to all participants on the same day. In the Summer of 2020, as the department adapted to COVID-19 protocols, the summer camp program was only open to Eagle County residents. During the Summer of 2021, camp registration opened to everyone on the same day. In 2021, staff saw 5-15 children on the waitlist for each day of summer camp. Staff also noted several non-resident participants on the daily roster throughout the 10 weeks that summer camp was offered. Per direction from the Town Council and the Health and Recreation Committee, Recreation Department staff created a tiered registration process for the youth summer camp program prioritizing Avon residents, Town of Avon employees and Eagle County residents. 2022 Summer Camp Registration Dates Town of Avon residents and employees: March 17 Eagle County residents: March 24 Open registration: April 1 ANALYSIS: Summer Camp Program Comparison Organization Cost per day Priority Registration? FT Employee Discount Vail Recreation District $60.00/ day – In district $70.00/day – Out of district No 50% Mountain Recreation $50.00/day No 100% Avon Recreation $45.00/day Yes 40% RECOMMENDATION: Staff recommends continuing a tiered registration approach prioritizing Avon residents, Town of Avon employees and Eagle County residents prior to opening summer camp registration to non- residents. 970-748-4446 mlabagh@avon.org REQUESTED DIRECTION: Staff requests direction regarding additional measures, if any, that should be considered to further prioritize Avon residents, Town of Avon employees and Eagle County residents for youth summer camp programs. Thank you, Michael (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Railroad Bridge Sign Policy DATE: March 17, 2022 SUMMARY: This written report includes the policies for the use the two LED signs on the railroad bridge above Avon Road. BACKGROUND: On March 10, 2020, Council approved $75,000 in funding for the construction of two LED signs to be installed on the railroad bridge over Avon Road. These signs were recommended to replace the banners that were manually hung on the bridge for special events in Avon and Beaver Creek. Council approved these signs but expressed concerns and reservations about overuse and potential negative aesthetics. A Digital Sign Policy for the Railroad Bridge Signs is attached (Attachment A). The intent is to use the signs primarily to announce special events that serve Avon residents and guests, including special events in Avon and events open to the general public in Beaver Creek and Villar Performing Arts Center. Avon special events would have priority. There would be no charge for special events announcements for Beaver Creek or Villar Performing Arts Center because announcing special events which are accessible for Avon residents and visitors is considered a benefit. In addition to the special events announcements, the signs would be used for occasional community messages as well as emergency notifications. The use of these signs are not open or accessible to the general public and the intent is to limit the use to “governmental speech” by the Town of Avon. Thank you, Eric ATTACHMENT A: Digital Sign Policy & Requirements DIGITAL SIGN POLICY: RAILROAD BRIDGE SIGNS The Railroad Bridge Signs are intended primarily to permit limited posting of Town of Avon messages in a manner that is more time and cost effective and more environmentally friendly than hanging banners. This Policy provides guidelines to minimize the overuse of display postings that can cause visual light pollution and traffic distraction often associated with Digital Signs. The use of the Railroad Bridge Signs is limited to messages approved and posted by the Town of Avon and shall be considered governmental speech. Messages shall be limited to emergency notifications, public service announcements, community announcements, and information for special events open to the public in the Town of Avon and Beaver Creek Resort. The posting of special events information is intended to benefit the residents and visitors of Avon and Beaver Creek. MESSAGE TYPES 1. Emergency Notifications: Announcements of emergency conditions directly affecting the Avon community, such as a wildfire or other natural hazard event. 2. Public Service Announcements: Announcements of general interest to the Avon community, including but not limited to road closures, closure of Town facilities, notification of Recreation Center pass sales. 3. Community Announcements: Announcements of particular interest to the Avon community, including but not limited to: holiday messages, recognition of athletes based in the Avon community who are competing in high profile events, appreciation messages for public service, recognition of “Colorado Gives Day” or “Earth Day”. 4. Special Events: Special events and performances which are open to the general public, whether ticketed or free, located in the Town of Avon or Beaver Creek Resort, including but not limited to: a. Events the Town is directly producing. b. Events at Town facilities which are produced by a third party for which the Town has issued a permit to use the Town facility. c. Events in Town of Avon or Beaver Creek Resort which the Town sponsors, such as Birds of Prey or Vail Valley Soccer Tournament. d. Events at Town facilities for which Town has issued a permit to use the Town facility, including but not limited to a rally at a Harry A. Nottingham Park. e. Events in Beave Creek Resort produced by the Beaver Creek Resort Company, such as the Winter Culinary Weekend. f. Public event hosted in Beaver Creek Resort, such as the Talons Challenge. g. Performances at the Vilar Performing Arts Center which open to the general public, including ticketed events. GENERAL INFORMATION Applications for Digital Sign requests must be submitted no later than 14-days prior to the first day requested. Placement is based upon the Message Types listed above and at the sole discretion of Town staff. • Digital signs are permitted for a minimum of one (1) full day and a maximum of three (3) days unless the Town Manager approves a longer duration. • Signs will be only be activated between 6 a.m. and 9 p.m. • Foot Candles emitted shall not exceed three tenths (.3) footcandles over ambient lightlevels. This level may be reduced after dark. • Both panels will have the same graphic, except in emergency related communications, or when the nature of the message is relevant to a different display for each direction. • The panels will be dormant and blank between programmed signs and at night. • Only one static (without animations) message is allowed per day, provided that the Town Manager can approve multiple sign messages if there multiple events occurring with display changes occurring in intervals of not less than one minute. • Emergency signs – Consideration will be given to AASHTO and CDOT (road engineering) standards for emergency related communications. Orange block letters may be used. DIGITAL SIGN REQUIREMENTS & SPECIFICATIONS • The sponsoring organization name and/or event logos are permitted. • Logos and/or images must be high resolution. • Logos and/or images must not contain 3D letters, only flat text is permitted. • Artwork files must be received via email to info@avon.org and be .JPEG or .PNG type files and can be a maximum of 2MB in size. • If sending logos, two logo versions are required: o Knockout / transparent version o Regular version • Images that move, flash, blink or change in any way are not permitted. • White or off-white background colors are only allowed on 20% of the sign area to reduce glare. • A maximum of 75 characters and three lines. Digital Sign Information: See examples below Signs which announce events must include the following minimum information: Name of Event, Date and Time, and Location. General Guideline for Event Sign Information Layout 1st Line - Organization name, event name and/or logo 2nd Line - Date and time (and location depending on layout) 3rd Line - Location (if not on the 2nd line, date and time may also be placed on 3rd line if location is on 2nd line) TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: Construction Project Sign for Harry A. Nottingham Park West Park Improvements Update DATE: March 18, 2021 SUMMARY: No action is requested of Council. This report provides a status update on the signage to be placed onsite during the reconstruction of the Harry A. Nottingham Park West Park Improvements. DISCUSSION: Council authorized an issuance for Notice of Award for the Nottingham Park West Courts Reconstruction Project on January 25, 2022, to RA Nelson to build Post-Tensioned (PT) concrete courts. The construction contract for this resurfacing project included 6 pickleball, 2 tennis and 2 basketball courts plus ancillary facilities like fencing, shaded seating and an ADA compliant sidewalk. Demolition work began this week with a scheduled completion date of August 5, 2022. During that meeting, Council requested a construction project sign be erected to inform the public about this project. The proof of the 5’ x 3’ sign is shown below and will be erected within the next few days. Thank you, Justin 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: Homeowner Association Mitigation Actions DATE: March 18, 2022 SUMMARY: On July 22, 2021, an intense thunderstorm dropped 0.8 to 2.50-inches of rain within an hour on the hillside north of I-70 in Avon. The subsequent runoff caused the largest water and mud flows seen in decades. The runoff and debris clogged storm drainage infrastructure and damaged 7 residential properties. This memo summarizes Homeowner Association mitigation actions and other Town mitigation options. HOA RECOMMENDATIONS TetraTech of Fort Collins, Colorado prepared a letter report recommending improvements that the Homeowners Associations can make to reduce the risk of damage from flooding (Attachment A). The recommended improvements include the following: • Improve the lot grading • Build berms to divert flow away from buildings • Raise sidewalks to create additional flood protection • Place temporary flood barriers to block flow into the units • Install flood proof walls at entrances • Replace patio fences with flood-proof fencing During the July storm event, runoff entered the Beaver Bench Condominium development from the northeast and traveled south across the parking lot. On the southern end of the parking lot, the water entered several of the units by flowing over the sidewalk, into a vestibule and down a flight of stairs. A brown water mark on one of the sunken condo units was about 3’ above the front door sill. A simple and quick improvement is to modify the sidewalk from the parking lot to the landing above the vestibule. The addition of three steps would create an 18” high barrier preventing water from flowing to the vestibule and down the stairs to the units. It is unlikely that this project would rate high on the FEMA flood mitigation grant scoring criteria and probably not receive grant monies. Typically, this improvement would be the responsibility of the Homeowners Association but to expedite its installation, Staff will approach the Homeowners Association to discuss a 50% cost sharing on the project. Page 2 of 3 Entrance to Beaver Bench Condominiums. Stairs can be added to the walkway to prevent water flowing into the vestibule. MITIGATION STEPS: In addition to the HOA recommendations letter, Staff is working with consultants to complete the following tasks to mitigate damage from future water and mud flow events: 1. The Town’s drainage infrastructure will be mapped this summer and catalogued using Geographic Information Systems (GIS) software. This will allow staff to more quickly and accurately assess the condition of the infrastructure, track maintenance activities and recommend future improvements. 2. The high amount of mud and debris generated from the rainfall events will typically result in clogging of drainage pipes. TetraTech will assess the existing drainage pipe infrastructure and develop surface routes when feasible – rather than pipes – to reduce risks from clogging and subsequent flooding damage. 3. Develop regional mitigation measures along Nottingham Road, Swift Gulch Road and West Beaver Creek Blvd. to reduce future damage to private developments and public infrastructure including Avon Road. These projects will take several years to design and implement. Additional drainage easements on private property will likely be required depending on final project designs. 4. One of the future improvements will be the creation of a drainage swale along the Beaver Bench Condominiums and the Beaver Creek West Condominiums property line within an existing drainage easement. Beaver Creek West Condominiums constructed a trash enclosure in the drainage easement without Town approval. Town Staff will initiate legal proceedings to require Beaver Creek West Condominiums to locate the trash enclosure outside of the drainage easement. 5. Explore Federal and State grant opportunities available for funding mitigation projects such as the Building Resilient Infrastructure and Communities (BRIC) grant. The first grant cycle deadline is December 1st. They require a cost share of 25% with the Federal portion being 75% plus preparation and management costs. Page 3 of 3 Locations of future flood and debris mitigation projects currently being investigated for effectiveness Thank you, Justin ATTACHEMENT A – Flood Mitigation Recommendations, Town of Avon, Colorado prepared by Tetra Tech, Fort Collins, Colorado FLOOD MITIGATION RECOMMENDATIONS TOWN OF AVON, COLORADO March 16, 2022 100-WTR-T41487 ATTACHMENT A Town of Avon Flood mitigation Recommendations ii This page is intentionally left blank. ATTACHMENT A iii TOWN OF AVON FLOOD MITIGATION RECOMMENDATIONS 100-WTR-T41487 January 27, 2022 PREPARED FOR: PREPARED BY: Town of Avon Justin Hildreth, PE Cc: Sonnen Halde, HOA; Beaver Bench HOA 100 Mikaela Way, P.O. Box 975 Avon, Colorado 81620 Tetra Tech 3801 Automation Way, Suite 100 Fort Collins, CO 80525 P +1-970-223-9600 Tetratech.com Prepared by: December 17, 2021 Name: Susan Cundiff, CFM, PE Title: Project Manager, Hydraulic Engineer Date Reviewed by: January 27, 2022 Name: Michael Brown, PE Title: Hydraulic Engineer Date ATTACHMENT A Town of Avon Flood Mitigation Recommendations iv This page is intentionally left blank. ATTACHMENT A Town of Avon Flood Mitigation Recommendations v TABLE OF CONTENTS 1.0 INTRODUCTION ................................................................................................................. 1 2.0 GENERAL RECOMMENDATIONS FOR OPERATION AND MAINTENANCE ....................................... 2 2.1 Exterior Maintenance ....................................................................................................................................2 2.1.1 Drains....................................................................................................................................................2 2.1.2 Drainage Rights of Way ........................................................................................................................2 2.1.3 Maintain proper rooftop runoff and drainage ....................................................................................2 2.2 Exterior improvements .................................................................................................................................2 2.2.1 Improve Lot Grading ............................................................................................................................3 2.2.2 Anchor and Assess elevation of exterior utilities ................................................................................4 2.3 Interior Recommendations ...........................................................................................................................4 2.3.1 New Construction and Repairs ............................................................................................................4 2.3.2 Elevate Utilities ....................................................................................................................................4 3.0 SITE SPECIFIC RECOMMENDATIONS FOR SONNEN HALDE HOA ................................................ 5 3.1 Exterior Site Specific Recommendations .....................................................................................................5 3.2 Interior Recommendations ...........................................................................................................................6 4.0 SITE SPECIFIC RECOMMENDATIONS FOR BEAVER BENCH HOA ............................................... 10 4.1 Exterior Site Specific Recommendations ................................................................................................... 10 4.2 Interior Recommendations ......................................................................................................................... 11 5.0 REFERENCES ................................................................................................................... 15 ATTACHMENT A Town of Avon Flood mitigation Recommendations vi TABLE OF FIGURES Figure 1: Site map showing locations of Sonnen Halde and Beaver Bench locations. ............................. 1 Figure 2: Drain near Library. Snapshot collected from video provided by Town of Avon. Most water flows past this grate. .......................................................................................................... 3 Figure 3: Sonnen Halde Flood Mitigation Recommendations. ................................................................. 6 Figure 4: Example of flood fence barrier from Flooddefences.com .......................................................... 7 Figure 5: Ground level residences at Sonnen Halde showing downspouts and open fence balconies. ...................................................................................................................................... 8 Figure 6: Flow path of floodwaters from Nottingham Road entering into Sonnen Halde condominium parking lot. ........................................................................................................... 9 Figure 7: Beaver Bench Condominium Flood Mitigation Recommendations ......................................... 12 Figure 8: Grass area along W. Beaver Creek Blvd. and Beaver Bench Condominiums. Potential site for additional flood retention and or increase berm to prevent flow entering driveways and parking lots. ....................................................................................................... 13 Figure 9: Appropriate location for temporary flood barriers to prevent flow from W. Beaver Creek Blvd. .................................................................................................................................. 13 ATTACHMENT A Town of Avon Flood mitigation Recommendations 1 1.0 INTRODUCTION On July 22, 2021 the Town of Avon experienced a severe rainstorm event. Current estimates of rainfall are more than 0.8 inches of rain (USGS 2021) in 45-minutes. An analysis for the rainfall will be included in a separate report. This event produced large volumes of sediment laden floodwaters rushing off the slopes and drainage basins north of Nottingham Road. Flood waters crossed Nottingham Road, Interstate 70 and entered in to ground level dwellings in Sonnen Halde Condominium and Beaver Bench Condominiums (Figure 1). Tetra Tech is providing the following general recommendations for operation and maintenance to the Town to provide the community with strategies to mitigate further nuisance flooding. Tetra Tech has also prepared site-specific recommendations for the Sonnen Halde Condominiums and the Beaver Bench Condominiums. Recommendations for mitigation refer to maintaining and improving drainage outside buildings, training flows away from buildings, and floodproofing the interior of buildings (FEMA 2020). Figure 1: Site map showing locations of Sonnen Halde and Beaver Bench locations. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 2 2.0 GENERAL RECOMMENDATIONS FOR OPERATION AND MAINTENANCE General recommendations for operation and maintenance for residences and buildings located in regions susceptible to flooding are described in bulleted sections below. These recommendations can be divided into exterior maintenance, exterior improvements, and interior mitigation measures. The following recommendations are intended for the Sonnen Halde and Beaver Bench condominiums, but are not limited to only these residences; they are applicable to other areas within the Town. 2.1 EXTERIOR MAINTENANCE Exterior maintenance items should be conducted periodically to ensure that features such as roadway and stormwater drains and drainage rights of way are able to function properly, as designed. Nuisance events, (i.e. smaller rain storms) typically deliver sediment to drains and drainage rights of way. Accumulation of sediment and debris reduces the performance of these features. Areas for exterior maintenance include, but are not limited to, drains, drainage rights of way, and rooftop drainage. 2.1.1 Drains • Remove sediment and debris from drain grates. Debris can block flow from entering into the drain pipes. • Pump sediment out of culverts and drain gates after storm events. • Ensure surrounding areas slope to drains. Figure 2 shows the drain near the library. It is a snippet from video collected during the July 22, 2021 storm by the Town of Avon. Though the majority of the flow continued by, this drain was able to collect a portion of the flow passing by the grate. 2.1.2 Drainage Rights of Way • Keep clear of debris (i.e. patio furniture, trash cans, branches, etc.). Debris can collect of in drainage rights of way and prohibit flow from draining away from areas intending to be protected. • Do not build structures or place items within drainage easements and rights of way. • Address areas where the slope directs flow toward buildings 2.1.3 Maintain proper rooftop runoff and drainage • Keep gutters clear of leaves and branches. • Ensure proper downspout clearance away from foundations. Discharge from downspouts should be at least 10-ft from foundation. 2.2 EXTERIOR IMPROVEMENTS The purpose of the exterior maintenance efforts described above is to maintain the existing conditions. The following exterior improvements are intended to improve the existing drainage. These mitigation measures are understandably bigger investments, but provide a higher level of protection from flooding. The following bulleted sections suggest improvements, include improving lot grading, reducing areas of obstruction, and addressing exterior utilities. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 3 2.2.1 Improve Lot Grading • Positive gradient near foundations will encourage flow away from building foundations. Per code (IRC2015 R401.3) (Avon, 2015) lots shall be graded to drain surface water away from the structure and grade shall be a minimum of 6 inches drop within the first 10 ft. • Grade to improve drainage to easements and rights of way. Rights of way are intended to carry flow away from buildings and parking lots. • Impervious surfaces within 10 ft of the building shall be sloped a minimum of 2% away from the building. • Ensure proper grading to drains so flow is received by drainage features. Figure 2 is the drain near the library. Most water flows past this grate. Any perched drains will not be able to collect flow to carry away from buildings and parking lots. Figure 2: Drain near Library. Snapshot collected from video provided by Town of Avon. Most water flows past this grate. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 4 2.2.2 Anchor and Assess elevation of exterior utilities • During flooding events outdoor utilities such as air conditioning units and outdoor fuel tanks can be damaged. Elevating utilities above flood levels will prevent damage. • Adequately anchor fuel tanks and other items that may become floating hazards. Unsecured fuel tanks can become dislodged from their foundations and be transported, potentially causing damage to property. • Secure patio furniture and keep out of the way of primary flow paths. The July 22, 2021, storm event flooding was exacerbated in areas by wayward patio furniture. 2.3 INTERIOR RECOMMENDATIONS Interior recommendations include recommendations for materials and practices when rebuilding and constructing new buildings. Interior recommendations also address interior appliances. 2.3.1 New Construction and Repairs • Use flood resistant materials for flooring (i.e. ceramic tile, vinyl, rubber, etc.). • Replace internal walls with flood resistant materials (i.e. lime plaster, cement board, concrete, etc.). • Ensure doors and window frames are flood resistant. 2.3.2 Elevate Utilities • Place exterior units such as boilers, furnaces, hot water tanks and air conditioners on risers to remove them from typical highwater marks. • If possible move appliances to second story , otherwise elevate appliances 3 ft off ground floor level. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 5 3.0 SITE SPECIFIC RECOMMENDATIONS FOR SONNEN HALDE HOA On July 22, 2021, ground floor residences in the Sonnen Halde condominiums were flooded. Sonnen Halde condominiums are located on the south side of Nottingham Road, downhill from Basin 8. The following recommendations will aid in reducing the risk of future flooding to ground floors. Figure 3 contains numbered recommendations to mitigate flood risk at Sonnen Halde condominiums. The following recommendations are broken down into exterior site specific measures (Section 3.1), and interior recommendations (Section 3.2) for repairs and new construction. 3.1 EXTERIOR SITE SPECIFIC RECOMMENDATIONS Exterior recommendations are to prevent flow from entering the buildings, encourage drainage away from the building, and to reduce impervious surfaces. Numbers are included with these descriptions. • Place waterproof walls along sidewalks to create a flood barrier. (Figure 3, locations 1,2,3, and 4). Figure 4 shows an example of waterproof walls and a flood fence to close openings in the floodwall. • Figure 5 shows open fencing on the downhill side of Sonnen Halde Condominiums. This represents locations 3 and 4 in Figure 3. This site would be improved by replacing open fencing with a solid wall. • Raise sidewalks to create additional flood protection to ground floor entrances on the uphill side of the structure (Figure 3, locations 1 and 2). Increasing sidewalk elevations to 12 inches above grade will improve flood protection. • Place berms around the buildings to direct flow away from the building to the drainage easements (Figure 3, locations 5, 6, 7, 8). Berms of approximately 18 inches to 2 feet will improve the redirecting of flood flows. • Place berms adjacent to Nottingham Road to prevent flow from the street from entering the parking lot (Figure 3, location 9). Figure 6 demonstrates how flow enters onto the Sonnen Halde parking lot from Nottingham road. A berm around the property line adjacent to the road should prevent much of the flood flows from flowing down the hillslope and into the parking lot. • Adding a berm of asphalt across the driveway (Figure 3, location 10) will help to divert flow into the drainage easement. This berm can be constructed as a speed bump. • Have sandbags or other temporary flood barriers available to block flow from Nottingham Road into the parking lot of Sonnen Halde (Figure 3, between locations 11 and 12). While these storms happen incredibly quick, weather forecasts of flash floods may be used to identify times appropriate for preemptively placing temporary flood barriers. • Where possible replace impervious surfaces with permeable surfaces (i.e. pavers for sidewalks, permeable concrete). ATTACHMENT A Town of Avon Flood Mitigation Recommendations 6 3.2 INTERIOR RECOMMENDATIONS Interior recommendations pertain to building materials that are flood resistant and are encouraged to use during restoration and future new build construction. • Use flood resistant materials for flooring (i.e. ceramic tile, vinyl, rubber, etc.). • Replace internal walls with flood resistant materials (i.e. lime plaster, cement board, concrete, etc.). • Ensure Doors and window frames are flood resistant. Figure 3: Sonnen Halde Flood Mitigation Recommendations. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 7 Figure 4: Example of floodproof wall and removable flood fence barrier from Flooddefences.com. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 8 Figure 5: Ground level residences at Sonnen Halde showing downspouts and open fence balconies that could be replaced with floodproof fencing to divert runoff and increase protection. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 9 Figure 6: Flow path of floodwaters from Nottingham Road entering into Sonnen Halde condominium parking lot (Photo from Vail Daily news paper, accessed online). ATTACHMENT A Town of Avon Flood Mitigation Recommendations 10 4.0 SITE SPECIFIC RECOMMENDATIONS FOR BEAVER BENCH HOA On July 22, 2021, ground floor residences in the Beaver Bench condominiums were flooded. Beaver Bench condominiums are located on the south side of W. Beaver Creek Blvd., downhill from the Nottingham Rd. basins and I-70. The following recommendations will aid in reducing the risk of future flooding to ground floors. Figure 7 contains numbered recommendations to mitigate flood risk at Beaver Bench condominiums. The following recommendations are broken down into exterior site specific measures (Section 4.1) and interior recommendations (Section 4.2) for repairs and new construction. 4.1 Exterior Site Specific Recommendations Exterior recommendations are to prevent flow from entering the buildings, encourage drainage away from the building, and to reduce impervious surfaces. Numbers are included with these descriptions. • Place waterproof walls along sidewalks to create a flood barrier. (Figure 7, locations 1 and 2). Figure 4 shows an example of waterproof walls and a flood fence to close openings in the floodwall. • Raise sidewalks to create additional flood protection to ground floor entrances on the uphill side of the structure (Figure 7, locations 1 and 2). Increasing sidewalk height to 12 inches above grade will improve flood protection. • Place berms around the buildings to direct flow away from the building to the drainage easements (Figure 7, locations 3, 4, and 5). Berms of approximately 18 inches to 2 feet will improve the redirecting of flood flows. • Place berms along the parking lot adjacent to the grassy area to the north to prevent flow from the street to enter the parking lot (Figure 7, location 6). • Build a retention pond in the grassy area between the Beaver Bench condominium parking lot and W. Beaver Creek Blvd. (Figure 7, location 7). Figure 8 shows the area that may be suitable for introducing a retention pond. • Place an asphalt berm, shaped as a speed hump, to redirect flow from the driveway into the drainage easement. (Figure 7, location 8) • Relocate trash enclosure out of drainage easement to improve drainage capacity. • Have sandbags or other temporary flood barriers available to block flow from W. Beaver Creek Blvd. into the parking lot of Beaver bench condominiums (Figure 7, between locations 3 and 6). Figure 9 provides a view of the driveway opening that would be ideal for temporary flood barriers if a berm was improved at locations 3 and 6. While these storms happen incredibly quick, weather forecasts of flash floods may be used to identify times appropriate for preemptively placing temporary flood barriers. • Suggestions for parking lot regrading are in Figure 10. These suggested contours are intended to demonstrate changes to parking lot slopes and grading to direct flow away from the residences and towards the drainage easements. • Where possible replace impervious surfaces with permeable surfaces (i.e. pavers for sidewalks, permeable concrete). ATTACHMENT A Town of Avon Flood Mitigation Recommendations 11 4.2 INTERIOR RECOMMENDATIONS Interior recommendations pertain to building materials that are flood resistant and are encouraged to use during restoration and future new build construction. • Use flood resistant materials for flooring (i.e. ceramic tile, vinyl, rubber, etc.). • Replace internal walls with flood resistant materials (i.e. lime plaster, cement board, concrete, etc.). • Ensure doors and window frames are flood resistant. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 12 Figure 7: Beaver Bench Condominium Flood Mitigation Recommendations ATTACHMENT A Town of Avon Flood Mitigation Recommendations 13 Figure 8: Grass area along W. Beaver Creek Blvd. and Beaver Bench Condominiums. Potential site for additional flood retention and or increase berm to prevent flow entering driveways and parking lots (Google photo). Figure 9: Appropriate location for temporary flood barriers to prevent flow from W. Beaver Creek Blvd. (Google photo). ATTACHMENT A Town of Avon Flood Mitigation Recommendations 14 Figure 10: Proposed Contours for Regrading the Beaver Bench Condominium Parking Lot. Contours are conceptual. Contours not for construction. ATTACHMENT A Town of Avon Flood Mitigation Recommendations 15 5.0 REFERENCES City of Fort Collins, 2021. Low Impact Development Guidelines, accessed December 2021, at URL https://www.fcgov.com/utilities/what-we-do/stormwater/stormwater-quality/low-impact- development/ FEMA 2020. Protect Your Home from Flooding Low-cost Projects You Can Do Yourself (fema.gov) Flooddefences.com 2021. Examples of flood proof barriers and removable barriers for doorways. Town of Avon, 2015. Adopted Building Codes, accessed January 22, at URL Building | Avon, CO - Official Website U.S. Environmental Protection Agency, 2021. Urban Runoff and LID, accessed December 2021, at URL https://www.epa.gov/nps/urban-runoff-low-impact-development U.S. Geological Survey, 2021, National Water Information System data available on the World Wide Web (USGS Water Data for the Nation), accessed July 24, 2021, at URL USGS Current Conditions for USGS 09067020 EAGLE R BLW WASTEWATER TREATMENT PLANT AT AVON, CO. ATTACHMENT A 970-748-4065 ddempsey@avon.org SUTO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager RE: Special Events Update DATE: March 16, 2022 SUMMARY: No action is requested of Council. This report provides a status update on the Special Events Calendar with the addition of the inaugural Ultimate Après Avon Festival on Saturday, April 16th, and an exciting collaboration with XTERRA Global to expand Avon’s reach, enrich the guest experience and enhance the community focus. The detailed Special Event Calendar is provided and attached as Attachment A. BACKGROUND: Ultimate Après Avon – In working with Krista Benedetti, President of Always Mountain Time, and Radiate Live Events, on marketing our event marketing needs, Staff realized an opportunity for Avon to host a beer festival in mid-April produced by a qualified event producer, Radiate Live Events. For 12-years Radiate Live Events produced The Breckenridge Spring Beer Festival which historically attracted 2,000-2,500 depending on weather. Due to the COVID-19 pandemic other related factors, it last took place in 2019. Additionally, Radiate Live Events continues to produce The Summer Beer Festival in Breckenridge and the Reds, Whites & Brews event in Steamboat, Colorado which attracts 1,200 – 1,500 attendees. Reds, Whites & Brews was formerly hosted in Avon between 2012 and 2016 before making a move to Steamboat, Colorado. To that end, Staff received approval from the Town Manager to allocate $10,000 of cash funding from the Approved 2022 Budget contingency line item in the events budget and up to $3,000 of in-kind to support the Ultimate Après Avon. The key elements of the event are provided below: 1. Draft event description: “The inaugural Ultimate Après Avon is a new and not-to-miss end of ski season event! Soon to be a premiere spring event in Avon, Colorado bringing a bunch of breweries for tastings, live music, a VIP area, and scrumptious offerings from local food vendors. Enjoy a weekend of playing outdoors and a Saturday afternoon of wine, hard seltzers, canned cocktails, ciders, spirits, and lots of beer tastings from Colorado’s finest breweries & other breweries from around the world with amazing views of Beaver Creek! The Ultimate Après Avon Festival is sure to become a tradition for a wide range of people from beer aficionados to families” 2. Saturday, April 16th between the hours of 2:00 p.m. and 7:00 p.m. 3. The event is ticketed for those who want to taste beer, wine, hard seltzers and/or spirits and free to those who do not wish to taste. Tickets will go on sale by March 18th. a. VIP ticket pre-sale = $75 b. VIP ticket day-of = $85 (If not sold out) c. VIP Designated Driver = $50 d. Unlimited Taster ticket pre-sale = $40 e. Unlimited Taster ticket day-of = $45 4. The event includes live music on a portable stage, tented VIP section, food and retail vendors and small ambient activations. 970-748-4065 ddempsey@avon.org 5. The anticipated attendance is seven hundred tasting and three hundred non-tasting. 6. Staff is fine tuning the Ultimate Après Avon events page on the Town website. 7. The producer is event website went live on March 17th 8. The venue is Lake Street and the Rec. Center West parking lot – see below. XTERRA – As reported by the Vail Daily in Tuesday, March 15th paper, Staff has been working with XTERRA Global to expand the event activation in Nottingham Park during the Mountain Championship Race on the weekend of July 15th. The activation may include (1) offering registration and packet pickup on Friday, July 15th at the Terrace (2) tent space at Friday’s Lakeside Cinema to promote the activities on Saturday, July 16th (3) awards ceremony, live music, food vendors and kids’ activities on Saturday (4) the potential addition of another SunsetSUP Race on Saturday in collaboration with XTERRA Global and SUP CO. Currently, the Town produced SunsetSUP Race is on Thursday, August 18th; producing another SunsetSUP Race and/or moving it to July 16th presents the perfect opportunity to gain exposure through XTERRA’s brand reach. Additionally, producing two SunsetSUP Races leverages Paddle Battles in September and a “true” SunsetSUP Race series in 2023. 970-748-4065 ddempsey@avon.org Thank you, Danita ATTACHMENTS: Attachment A – Special Events Calendar 2022 2022 Events Calendar January February March Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 April M May June Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 1 2 3 4 3 4 5 6 7 8 9 1 2 3 4 5 6 7 5 6 7 8 9 10 11 10 11 12 13 14 15 16 8 9 10 11 12 13 14 12 13 14 15 16 17 18 17 18 19 20 21 22 23 15 16 17 18 19 20 21 19 20 21 22 23 24 25 24 25 26 27 28 29 30 22 23 24 25 26 27 28 26 27 28 29 30 29 30 31 July August S September Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 October November December Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 Event Type Legend Music Education Recreation Private Rental / APP Arts & Culinary MSM Activation Participatory & Athletic Field Maintenance 2+ colors for multiple Events/Venues Event: Dates, Names & Venue Details APRIL April 16 | Egg Hunt UF April 16 | Avon’s Ultimate Après LAKEST. MAY May 29 | SunsetLIVE! T JUNE June 4 | Town Clean Up A June 4,11,18,25 | Yoga in the Park T June 5,12,19,26 | SunsetLIVE! T June 19 | Daddy-Daughter Tutu 2K TR June 25 | Pop Up Music MSM June 9,16,23,30 | OW Swim NB, NL June 10 | Art Around Avon Walk A June 18 | Pride in the Park** P, UF June 21-23 | Lacrosse** UF, LF June 22 | AvonLIVE! P, UF June 20, 27 | Dunk-N-Dash NB, NL, TR JULY July 7,14,21,28 | OW Swim NL, NB July 6,13,20,27 | AvonLIVE! P, UF July 8,15,22,29 | LS Cinema P, UF July 9 | Colorado Disc Dogs** UF July 10,17,24,31 | SunsetLIVE! T July 22-24 | Avon Arts Celebration** UF July 3 | Salute to the USA P July 9,16,23,30 | Pop Up Music MSM July 9,16,23,30 | Yoga in the Park T July 11,18,25 | Dunk-N-Dash NB, NL, TR July 15-16 | Xterra**UF, NL, P July 29-31 | Avon Arts Celebration** UF AUGUST August 1 | Dunk-N-Dash NB, NL, TR August 3,10,17,24,31 | AvonLIVE! P, UF August 4 | Dancing in the Park** P August 4,11 | OW Swim NL, NB August 10-15 | Colorado Circus** LF August 13-14 | OW Swim Ch’ship NL, NB August 7,14,21,28 | SunsetLIVE! T August 5,12,19,26, | LS Cinema P, UF August 6,13,20,27 | Yoga in the Park T August 6,13,20,27 | Pop Up Music MSM August 13 | Vail Valley Brew-Au** P,UF August 18 | Sunset SUP Race NL SEPTEMBER September 2 | LS Cinema P, UF September 4 | Paddle Battles NB, NL September 15 | Community Picnic UF September 3 | Pop Up Music MSM September 4 | SunsetLIVE! T September 5 | Summer’s End P,UF OCTOBER October 1-2 | Vail Valley Soccer** UF October 8-9| Man of the Cliff** UF October 29 | Polar Plunge NL, T ** Third party produced event dates are subject to change Venue Legend Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB ATTACHMENT A 2022 Public/Private Rentals Calendar Event: Dates, Names & Venue Details January February March Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 April M May June Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 1 2 3 4 5 6 7 1 2 3 4 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 July August S September Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 October November December Su M T W T F Sa Su M T W T F Sa Su M T W T F Sa 1 1 2 3 4 5 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 MAY May 14 | Blue Sky Event T May 31 | BCMS Continuation Ceremony P, UF – 1-8 pm – Shannon Grant JUNE June 2 | EFEC P, UF JULY July 8 | Wright Family Reunion UF August August 8 | National Children’s Chorus Rehearsal P August 9 | National Children’s Chorus Rehearsal P August 11 | National Children’s Chorus Rehearsal & Performance P, UF, T Venue Legend Main Street Mall | MSM Pavilion | P Terrace | T All-town | A Trails | TR Lower Rec Field | LF Upper Rec Field | UF Nottingham Lake | NL Nottingham Beach | NB