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TC Packet 04-12-2022_______________________________________________________________________________ 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, April 12, 2022 MEETING BEGINS AT 4:40 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom SITE-WALK PRATER LANE PLAYGROUND AREA – 4:40 PM 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. Health and Recreation Committee Appointments (Recreation Director Michael Labagh) (20 Minutes) 5:10 5.2. Public Hearing: Ord No. 22-04 Consolidation of General Government, Human Resources and Finance Departments (Town Manager Eric Heil) (10 Minutes) 5:30 5.3. Prater Lane License Agreement Amendment Request (Planning Director Matt Pielsticker) (20 Minutes) 5:40 5.4. Public Hearing: Second Reading of Ordinance 22-03 Amending Avon Municipal Code Section 15.08.160 Regarding Grading and Resolution 22-06 Approving Form of Security Agreement for Grading Permits (Town Attorney Karl Hanlon) (15 Minutes) 6:00 5.5. Res 22-07 Approving Tract Y Development Agreement (Town Manager Eric Heil) (45 Minutes) 6:15 5.6. Work Session: Short-Term Rentals (Planning Director Matt Pielsticker) (60 Minutes) 7:00 5.7. Northside Kitchen License Agreement Extension (Planning Director Matt Pielsticker) (10 Minutes) 8:00 5.8. Ord 22-05 Offroad Highway Vehicle Speed Limit (Police Chief Greg Daly) (10 Minutes) 8:10 5.9. Ord 22-06 Extension of Renewable Energy Tax Credit (Town Manager Eric Heil) (5 Minutes) 8:20 5.10. CIP Update Presentation (Town Engineer Justin Hildreth) (30 Minutes) 8:25 6. MINUTES 6.1. Approval of March 22, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) (5 Minutes) 8:55 7. WRITTEN REPORTS 7.1. Idling Policy for Town Vehicles (Sustainability Coordinator Charlotte Lin) 7.2. Art-Around-Avon Update (CASE Director Danita Dempsey) 7.3. Health and Recreation Committee Minutes 7.4. Avon Planning and Zoning Commission Abstract 7.5. United States Postal Service Meeting Update (Council member Amy Phillips) _______________________________________________________________________________ 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. 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 9:00 9. ADJOURN 9:15 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 • Public Hearing: Regional Transit Authority Intergovernmental Agreement (Town Manager Eric Heil and Chief Mobility Officer Eva Wilson) 4/26 • TossBox Proposal: (Town Manager Eric Heil) 4/26 • Work Session: Capital Projects Update (Town Engineer Justin Hildreth) 4/26 • Presentation: Municipal Broadband Study Results (IT Manager Robert McKenner) 4/26 • Public Hearing: First Budget Amendment for 2022 (Finance Manager Scott Wright) 4/26 • Work Session: Avon Road/Hurd Lane Intersection (Chief Mobility Officer Eva Wilson) 4/26 • Res. Net Zero Public Housing (Town Manager Eric Heil) 4/26 • Work Session: Q1 Department Goals Update (Town Manager Eric Heil) 4/26 • Work Session: Use Tax and Marijuana Tax (Finance Manager Scott Wright) 5/10 • Work Session: Village (at Avon) Transit (Chief Mobility Officer Eva Wilson) 5/10 • Work Session: Village (at Avon) Development Update (Town Engineer Justin Hildreth) 5/10 • Work Session: Village (at Avon) Financial Overview (Finance Director Scott Wright) 5/10 • Work Session: Climate Action Strategies and Review of Partner Organizations (Sustainability Coordinator Charlotte Lin) 5/10 • Work Session: Recycling Ordinance (Sustainability Coordinator Charlotte Lin) 5/10 • Work Session: Energy Use Reporting (Sustainability Coordinator Charlotte Lin) 5/10 • Work Session: Green House Gas Investment Matrix (Planner 1 Max Morgan) 5/10 • Work Session: Building Electrification Data (Planner 1+ Max Morgan) 5/10 • Overview of Summer Events (CASE Manager Danita Dempsey) 5/24 • Resolution: Approval of Regional Transit Authority DRAFT Intergovernmental Agreement (Town Manager Eric Heil) 5/24 • Work Session: Water Conservation and Water Demand Management (Town Manager Eric Heil) 5/24 • Work Session: Landscape Regulations (Planning Director Matt Pielsticker) AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, APRIL 12, 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: CAN DO MULTIPLE SCLEROSIS EVENT: ULTIMATE APRES AVON DATE AND TIME: 8:00 AM – 11:00 PM ON APRIL 16, 2022 LOCATION: 1 LAKE STREET TYPE: SPECIAL EVENT PERMIT MANAGER: KRISTA BENEDETTI 6. APPROVAL OF THE MINUTES FROM MARCH 22, 2022 LIQUOR LICENSING AUTHORITY MEETING (5 Minutes) 5:05 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES) 8. 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 - Ultimate Apres Avon DATE: April 1, 2022 SUMMARY: Can Do Multiple Sclerosis, as the Applicant, is applying for malt, vinous, spirituous liquor permit to serve/sell beverages at the Ultimate Apres Avon special event on April 16, 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 1 Lake Street premise has been posted with notice of the public hearing for this application , and no public comments were received. The event manager will be present to answer question about the application. The Applicant has adequate proof of commercial liability insurance t hat 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 application for the upcoming Ultimate Apres Avon special event. A public hearing is required before final action is taken. Please note that Can Do Multiple Sclerosis is acting as the Applicant for this permit. Applicant Name: Can Do Multiple Sclerosis Event Name: Ultimate Apres Avon Event Date: April 16, 2022 8:00 a.m. – 11:00 p.m. Location: 1 Lake Street Event Manager: Krista Benedetti 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 Ultimate Apres Avon special event on April 16, 2022 from 8:00 a.m. to 11:00 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 Attachment B Attachment C AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MARCH 22, 2022 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, RJ Andrade, Chico Thuon, and Tamra Underwood. Also present were Planning Director Matt Pielsticker, Mobility Manager Eva Wilson, Chief of Police Greg Daly, Interim Town Attorney Karl Hanlon, CASE Manager Danita Dempsey, Town Manager Eric Heil, and Secretary Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:26 Board member Underwood requested to pull item 8.1 Report on Recent Administrative Approvals to be discussed as agenda item 8. Board member Underwood moved to approve the liquor authority agenda as amended. Board member Hardy seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:17 Board member Andrade disclosed that he has a financial interest in one of the administrative approvals included in the written report. Board member Underwood clarified this has already been approved, therefore it is not a conflict, only a disclosure. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:02:03 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: 00:02:20 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 Applicant Scott Dunn was present in person and answered questions from Board members. He mentioned this is a new educational series with the goal of creating workshops to get new audience involved in climate action, particularly zero-waste focused and said there is a maximum of 30 spots per workshop. Board member Hardy moved to approve 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. Vice Chairwoman Philips seconded the motion and the motion passed with a vote of 7 to 0. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, MARCH 22, 2022 SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM) 6.PUBLIC HEARING FOR CHANGE OF MANAGER AND RENEWAL Video Start Time: 00:04:45 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 New Manager Jesse Larson was present in person 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 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.. Board member Hardy seconded the motion and the motion passed with a vote of 7 to 0. 7.APPROVAL OF THE MINUTES FROM JULY 13, 2021 MEETING Video Start Time: 00:06:45 Board member Andrade moved to approve the liquor license meeting minutes for Tuesday, June 22, 2021. Vice Chairwoman Philips seconded the motion and the motion passed with a vote of 6 to 0. Board member Underwood was not present in that meeting therefore she abstained from the vote. 8.WRITTEN REPORT 8.1. MOVED AS AGENDA ITEM 8: REPORT ON RECENT ADMINISTRATIVE APPROVALS Video Start Time: 00:07:37 Board member Underwood requested to present this written report in a quarterly basis instead of letting the appovals bundle up until the next Liquor Authority when there is an active case. Town Manager Eric Heil suggested to add these reports in the regular agenda under the written reports item. 9.ADJOURNMENT The Avon Liquor Authority meeting adjourned at 5:09 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, MARCH 22, 2022 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: April 1, 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 March 22, 2022, the Town has received 1 Renewal Application that has met all the requirements for administrative review and approval and was ultimately approved by the Town Clerk. No comments, complaints, or request for hearings were received. It is as follows: Renewal: Applicant: Walmart INC d/b/a Walmart Location: 171 Yoder Avenue Type: Fermented Malt Beverage Off (City) Manager: Casidy Osantowski 970-748-4446 mlabagh@avon.org Page 1 of 2 TO: Honorable Mayor Smith Hymes and Council members FROM: Michael Labagh, Recreation Director RE: Interviews and Appointments to Health and Recreation Committee DATE: April 4, 2022 SUMMARY: Five vacancies remain open on the Health and Recreation Committee. All current members are planning to continue to serve on the committee. Resolution 22-02, adopted on February 22, 2022, extended the expiration date of the Health and Recreation Committee until January 31, 2024. Member terms are temporary and indefinite for the duration of the Health and Recreation Committee. The Health and Recreation Committee is advisory in nature, reviews, researches, and provides guidance on “healthy community” issues, community outreach and the design, programming and estimated cost of recreational facility improvements. Their role is more defined in Resolution 19-16 adopted July 9, 2019 and amended in Resolution 22-02 on February 22, 2022. A press release announcing the Town was seeking community members to serve on the Health and Recreation Committee was sent out on March 10, 2022, through the Town website / database, electronic newsletter, and social channels. I received four (4) outstanding applications for five (5) open seats on the Health and Recreation Committee. Applicant information is provided in Attachment A. QUALIFICATIONS: Resolution 19-16 requires appointed, voting members of the Health and Recreation Committee be residents, property owners, or owners and employees of a business located in the Town of Avon. All applicants’ qualifications have been verified by Recreation Department staff. Appointments shall be made by Council in April, or as soon as thereafter as possible, after posting notice to solicit interested persons. HEALTH AND RECREATION COMMITTEE COMPOSITION: Provided in the table below, is a summary of the current committee members along with their professions: Health and Recreation Committee Voting Members Committee Member Profession Tom Kiddoo, Chairperson Owner, Revolution Power Yoga Patricia Nolan, Vice-Chairperson Eagle County Healthy Aging Program Coordinator Pam Warren Former Education & Marketing Professional Kathy Ryan Former Recreation Professional Ex-Officio Non-Voting Members Scott Prince Avon Town Council Lindsay Hardy Avon Town Council 970-748-4446 mlabagh@avon.org Page 2 of 2 SELECTION PROCESS: The applicants will be brought into the Council meeting, one-by-one, in the order applications were received, as follows: 1. Nancy Tashman - Retired Health and Wellness Professional 2. Lisa Post - Internal Auditor, Senior Analyst, Vail Resorts 3. Kevin Hyatt – Owner, Direct First Aid 4. Jose Chavez – Inventory Representative, Materials Management, Vail Health After a brief introduction by each applicant and a summary of their interest to serve, Council will have time to ask each applicant questions prior to appointments. Up to 5 minutes per applicant is scheduled. After the four (4) applicants have had a chance to address the Council, there will be time for Council discussion. Staff will then request that each Council member mark their selected candidates on the provided voting card. These will be provided to Brenda Torres and Karl Hanlon for tallying. The results from each Council member will be read into the record, as well as the final selected candidates. In the alternative, Council can make a motion to appoint all four candidates. This proposed motion is below. RECOMMENDATION: I recommend the appointment of the four (4) applicants for the five (5) to nine (9) member Health and Recreation Committee so that combined the Health and Recreation Committee overall better represents diversity, equity, and inclusion. PROPOSED MOTION: “I move to appoint Nancy Tashman, Lisa Post, Kevin Hyatt and Jose Chavez to the Avon Health and Recreation Committee.” Thank you, Michael ATTACHMENTS: Attachment A – Applicant Information Attachment B – Resolution 22-02 Extending Resolution 19-16 Approving an Ad Hoc Health and Recreation Committee 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: April 6, 2022 SUMMARY: This report presents Ordinance No. 22-04 to consolidate Departments for second reading. 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 on second and final reading.” 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 0 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 Aquatics Patrol Recreation Admin Council Support Investigations Public Operations Fleet Admin ORGANIZATIONAL CHART PHASE II Mobility ATTACHMENT B: Phase II Org Chart 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 matt@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Matt Pielsticker, AICP, Planning Director RE: Prater Lane License Agreement Amendment Request DATE: April 6, 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. This request is time sensitive because Prater Lane’s lease expires in October. The new property owner, and Prater Lane operator, want to ensure longevity prior to performing substantial improvements and an extended increase to a new lease agreement. 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. Additional correspondence with the property owner, and Lisa Chaple, Director of Prater Lane, is attached (“Attachment C”). This information provides additional context for the discussion as it relates to enrollment and demand for the facility. 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. Page 2 of 4 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 located within the fenced area. Approximately $20,000 was invested in outdoor area over the past year. 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. The RFQ for planning services related to this project was released on April 6, 2022. Once a team is selected to work through this project, it will take several more months to arrive at a defined project and direction for the Main Street Pedestrian Mall area. This planning project, and eventual construction plans, would necessitate the removal of the outdoor playground area if the Main Street Pedestrian Mall were designed as a straight path toward Mikaela Way. The path could also be designed around the existing play area with a playground reconfiguration, as suggested by the new owners. RECOMMENDATION: Conduct site tour and provide direction to either update the license agreement or leave as drafted. Thank you, Matt ATTACHMENTS: Attachment A – Letter from Scott Tarbet Attachment B – Existing License Agreement Attachment C – Correspondence with Prater Lane Page 3 of 4 PHOTOGRAPHS: Page 4 of 4 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 Attachment A 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 Attachment A GIBSON AVENUE CAPITAL, LLC 309 E Paces Ferry RD, #400, Atlanta, GA 30309 Possible Options for Main Street Mall Configuration Attachment A 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 Attachment B 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 Attachment B 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 Attachment B 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 Attachment B 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 Attachment B 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 Attachment B 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 Attachment B 1 From: Scott Tarbet < Sent: Friday, March 18, 2022 9:38 AM To: 'Sarah Smith Hymes' <shymes@avon.org> Subject: FW: Prater Lane Hey Sarah: Details on your questions are below. They are growing, hiring new employees to increase capacity AND investing in the business / premises (including the playground area). Further, Prater has 104 families on the waitlist which does include the daily calls that get turned down…. Let’s get this done. Thank you. Scott Tarbet Gibson Avenue Capital 970‐948‐1561 scott@gibsonavecapital.com www.gibsonavecapital.com www.landprotectlp.com From: Jeff Deem Sent: Thursday, March 17, 2022 5:38 PM To: Scott Tarbet Subject: RE: Prater Lane Scott, Below is the response that I got from Lisa Chaple, the director of Prater Lane. Let me know what else I can do to help. Jeff Jeff, Here’s the answers to the questions in your email. Please let me know if you need more information than what I’ve provided. If this is what you need can you send it to the appropriate person? 1.Current and average enrollment, past few years: We have full classrooms per State ratio with current staffing; we can add more children once we add more staff (which we are working on; our recent wage increase news will really help!). COVID hit us hard on staffing. We are building back our student numbers as quickly as we can. We are licensed for 92 children however we have lowered our maximum capacity in each classroom (to increase quality per Colorado Shines: a State rating system) bringing the desired capacity to 74. This is the difference between minimum State standards and high quality. Average enrollment will be skewed due to families that moved out of town, lost their jobs or decided to Attachment C 2 work at home/be stay at home parents during a pandemic. We anticipate growth as we see more of a “return to normal” post pandemic. We are in the midst of interviewing applicants for two year round positions. Additionally, we have two staff members returning from ski school that will help offset the staffing shortage and allow more families from our waitlist to enroll. I feel confident that we can get closer to pre-pandemic enrollment numbers once our staffing improves. I have lots of data on past numbers but it all boils down to having the right amount of staff to ensure we are compliant with State ratios. 2. How many enrolled are children of Vail Resorts’ employees; We serve 39 VR children; some who live in Avon 3.How many enrolled are from the public – not connected to Vail Resorts: We serve 9 local Eagle County children 4.The cost to attend, and the tuition differential between Vail Resorts employees and public , if any. Any idea on how Prater Lane cost compared to other options? We research annually our cost of tuition vs. cost at other schools. Since VR subsidizes our school, we provide a discount to VR employees based on the amount of days their child attends. Eagle County families have a flat rate which should compare to what other schools are currently charging. Prater FY22 2022-2023 (Daily Rate) Infants Toddlers Preschool – Pre K VR: 4 and 5 Days $58.00 $50.00 $46.00 VR: 3 Days $60.00 $53.00 $48.00 VR: 1-2 Days/Drop In $62.00 $55.00 $50.00 Eagle County Rates $67.00 $60.00 $54.00 5.Detail on the waiting list? Currently we have 104 families on our waitlist; 53 infants, 36 toddlers, 15 preschool/pre-k. However, we receive calls daily about our waitlist and are adding a couple new waitlist forms each day. There seems to be a COVID baby surge and more people are returning to work too. The playground is crucial to our child care center remaining open. The State requires that schools have playgrounds that are directly attached to the building/secure access. We currently meet the State rules and regulation requirements by the following: adjacent to building, proper square footage per child & age group, fencing requirements, shade and three different surfaces. We have continued to upgrade the playground property. We completed a high quality & aesthetically pleasing fencing project that included appropriate height adjustments for safety & State regulations, gates for each playground and an enclosure for staging outside the playgrounds. We installed environmentally friendly turf for the infant/toddler playground. This fall, we installed resilient surfacing in both areas which cost nearly $19K. Additionally, we have purchased outdoor furniture and new large motor activities & vehicles that we will integrate once the snow melts off the surfacing. We will continue to look for grants to help us fund more of these upgrades and ultimately improve the property. Please feel free to contact me with any questions. I can be reached at 970-754-2670. Attachment C 3 Sincerely, Lisa Chaple Director, Prater Lane Play School VAILRESORTS® EXPERIENCE OF A LIFETIME Attachment C 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 MEMORANDUM DATE: April 7, 2022 TO: Town of 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 and Resolution 22-06 Approving Form of Security Agreement for 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 and Resolution 22-06 Approving Form of Grading Permit and Security Agreement. The Ordinance was passed on first reading on February 8, 2022, with direction from Council to work with the development community to ensure that it works as envisioned. 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. Since first reading changes were made to the ordinance to both meet the needs of the Town and the desire of the development community. The significant change was to remove the requirement that the Council approve the Security Agreement. The feedback staff received was that returning to Council on every grading permit for approval of a Security Agreement could impact project flow negatively due to the delays of meeting Council packet deadlines and meeting dates. Staff is recommending that rather than coming back to Council for each Agreement Council approve the form of agreement that is used similar to how we handle other standard contracts. Also attached is Resolution 22-06 approving the form of Security Agreement. Town Manager Recommendation: Town Manager recommends approval of Ordinance No. 2022- 03 and Resolution 22-06 Motion 1: “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.” Grading Permits Page 2 Motion 2: “I move to approve Resolution 22-06 approving the form of Security Agreement for Grading Permits.” Attachments: Ordinance 22-03 IBC Appendix J Resolution 22-06 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 Building 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 Grading Permit and Security Agreement is approved by the Town; 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 February 22, 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 Page 1 of 1 RESOLUTION NO. 22-06 APPROVING FORM OF GRADING PERMIT AND SECURITY AGREEMENT 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, a local amendment codified at Avon Municipal Code § 15.08.160 provides for the regulation and permitting of grading permits to prohibit the issuance of a grading permit without the contemporaneous issuance of a building permit; and WHEREAS, in order to implement the changes to Avon Municipal Code § 15.08.160 the Town must provide applicants with a form of Grading Permit and Security Agreement; 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 the form of Grading Permit and Security Agreement attached hereto as Exhibit A. NOW THEREFORE, the Town Council, hereby RESOLVES: Section 1 The Town of Avon Community Development Department is authorized to use the form of Grading Permit and Security Agreement attached hereto as Exhibit A. ADOPTED ___________________, 2022 by the AVON TOWN COUNCIL By:_______________________________ Attest:_________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk Grading Permit Security and Reclamation Agreement 1 GRADING PERMIT AND SECURITY AGREEMENT THIS AGREEMENT is entered into on ________________, 2022, by and between THE TOWN OF AVON, COLORADO, a home-rule municipality, whose address 100 Mikaela Way, P.O. Box 975, Avon, CO 81620 (“Town”); and __________________, whose address is ____________________________ (“Owner”). RECITALS: C. WHEREAS, the Owner has submitted an application for, and the Town has issued a grading permit on the Property, attached hereto as Exhibit A and incorporated herein by this reference; and D. WHEREAS, in order to ensure that the Property is not left in an unfinished state that becomes a nuisance to the Town, Owner is required to deposit the sum of $__________ (“Security Funds”) an amount equal to one hundred twenty-five percent (125%) of the projected costs of revegetation and reclaiming the Property to an acceptable state, as set forth in the revegetation plan, attached hereto as Exhibit B and incorporated herein by this reference. E. WHEREAS, the Town has agreed and committed to hold and disburse cash equal to the amount remaining unpaid to the Owner as the grading work is completed, which cash the Owner has deposited with Town, the proceeds of which are to be used as an assurance in lieu of requiring a letter of credit or other security for the improvement costs; and NOW, THEREFORE, in consideration of the recitals described above, the mutual covenants and conditions contained in this Funds on Deposit Agreement (“Agreement”), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Owner agree as follows: 1. GRADING WORK Owner agrees to complete the grading work on the Property in accordance with the Avon Municipal Code and the grading permit. Such work shall be at Owner’s sole expense. 2. RECLAMATION FUNDS Concurrently with the execution of Agreement, Owner shall deposit the sum of $____________ with Town. Town agrees to hold this amount and any additional amounts deposited in accordance with the terms of this Agreement. Any interest earned on the funds deposited shall belong to the Owner. Grading Permit Security and Reclamation Agreement 2 3. DISBURSEMENT OF RECLAMATION FUNDS Town shall disburse the Security Funds as follows: 3.1 Partial Disbursements. Upon completion of site reclamation work by the Owner as provided in Exhibit B, Security Funds shall be paid to the Owner in an amount equal to up to one hundred percent (100%) of the approved estimated cost for the reclamation work upon application by the Owner, and approval by the Town’s Engineer or Town Planner. In order for Owner to receive such partial disbursement, the following shall be presented to the Town: 3.1.1 A disbursement request signed by a professional engineer licensed by the State of Colorado (“Owner’s Engineer”), which shall state that the reclamation work has been completed; that Owner’s Engineer has inspected the reclamation work for which payment is requested; that the work has been completed in accordance with the Avon Municipal Code and the grading permit; and that the sum requested to be disbursed is reasonable and consistent with Exhibit B; and 3.1.2 All bills or invoices for such work which have been approved by the Owner; and 3.1.3 Written approval of such partial disbursement executed by the Town Engineer or Town Planner. 3.2 Disbursements upon Completion of Security Work. 3.2.1 Upon written certification by the Owner and the Town Engineer that the Owner has completed all of the required reclamation work in accordance with the grading permit, and that such work has been inspected and approved by the Town Engineer or the Town Planner, the Town shall disburse to the Owner all remaining funds except an amount equal to twenty-five percent (25%) of the total actual cost for the reclamation work, as certified by the Owner and the Town Engineer, upon receiving such certification. 3.2.2 The remaining funds shall be retained by the Town for a period of twelve (12) months from the date of the Town’s certification of completion of the reclamation work. Provided, however, during said period all or part of such funds shall be available to the Town subject to written notice to Owner by Town Manager or her designee that: any of the reclamation work performed by the Owner in accordance with the Exhibit B is defective and fails to reach final stabilization; that following notice, the Owner has failed to perform the corrective work necessary to remedy such defects; and the Town, is proceeding with the task of correcting the defective work. Such Security Funds shall then be available to the Town or other payee authorized by the Town in such amounts as designated by the Town. For the purposes of this section, final stabilization is reached when: all ground surface disturbing activities at the site have been completed including removal of all temporary erosion and sediment control measure, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. Grading Permit Security and Reclamation Agreement 3 3.3 Default. 3.3.1 The Owner shall be in default under this Agreement if any act, omission, or event occurs which breaches the Owner’s requirements set forth herein and such failure continues for a period of ten (10) days after written notice thereof is given by the Town to the Owner; provided, however, if the nature of the Owner’s default is such that more than ten (10) days are reasonably required for a cure of such default, then the Owner shall not be deemed to be in default if Owner commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. 3.3.2 If the reclamation work is not completely and satisfactorily performed within six (6) months from the date of this Agreement, or upon any default by Owner as defined above, the Town shall cease disbursement of Security Funds to or at the request of the Owner. Any undisbursed Security Funds shall thereafter be advanced solely to or at the direction of the Town for the completion of the reclamation work by such contractors as the Town shall select; or the Town, at its sole discretion, may retain undisbursed Security Funds. 3.3.3 The Town shall be obligated to complete the reclamation work in accordance with Exhibit B to the extent Security Funds are adequate to complete such reclamation work, and to promptly pay the costs of construction so that no mechanics or material supplier's liens are asserted against the Property; provided, however, nothing herein shall modify the Owner’s obligation under the to pay the entire cost of the reclamation work; provided, further, that the Town may, in its sole discretion, utilize the Security Funds for items not in Exhibit B to mitigate potential harm to the public health, safety and welfare as a result of Owner’s default. 4. TERMINATION OF AGREEMENT Upon the earlier occurrence of either the issuance of a building permit, or the full completion of the performance of the required reclamation work as designated in Exhibit B; and upon expiration of the 12 month warranty period set forth herein, as certified by the Town Engineer or Town Planner, Town shall disburse any remaining Security Funds to Owner and this Funds on Deposit Agreement shall then terminate, and no parties shall have any further rights, duties or obligations under this Funds on Deposit Agreement. 5. MISCELLANEOUS PROVISIONS 5.1 Waiver of Defects. In executing this Funds on Deposit Agreement, the parties waive all rights they may have concerning defects, if any, of the form of this Agreement, the formalities whereby it is executed; and concerning the procedure, substance and form of the ordinances or resolutions adopting this Agreement. 5.2 Complete Agreement. This Agreement, together with its exhibits, contain all of the understandings, conditions and agreements between the Town and the Owner relating to the holding and disbursement of funds for the construction and installation of the required Grading Permit Security and Reclamation Agreement 4 Improvements, and no other prior or current representation, oral or written, shall be effective or binding upon the Town and Owner. 5.3 Attorneys’ Fees. In the event that any action is filed or maintained by any party in relation to this Agreement and the Town prevails, the Town shall be entitled to its costs and reasonable attorneys’ fees (including legal assistant’s fees) or the reasonable value of a salaried attorney’s time (including legal assistant’s time). All rights concerning remedies or attorneys’ fees shall survive termination of this Agreement. 5.4 Authorization. The signatories to this Agreement affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings, and/or hearings pursuant to any law required to authorize their execution of this Agreement have been made or will be made. 5.5 Amendments. This Agreement may be amended from time to time by written agreement duly authorized by the parties against whom such amendment may be enforced. 5.6 Notices. All notices required or given by the terms of this Agreement shall be made by personal delivery or by certified first class mail, postage pre-paid, return receipt requested, to the parties at their addresses listed below. All notices shall be effective upon personal delivery or mailing. These addresses shall remain valid until notice of a change of address is given to all parties. If to Town: Town of Avon Attn: Town Manager P.O. Box 975 Avon, CO 81620 With a copy to: Karp Neu Hanlon, P.C. Attn: Karl Halon 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602 If to Owner: ________________________ ________________________ ________________________ With a copy to: ________________________ ________________________ ________________________ 5.7 Colorado Law Applicable. This Agreement is made and delivered within the State of Colorado, and the laws of the State of Colorado shall govern its interpretation, validity and enforceability. Grading Permit Security and Reclamation Agreement 5 5.8 Jurisdiction of Courts. Personal jurisdiction and venue for any civil action commenced by any of the parties arising out of or relating to this Agreement will be deemed to be proper only if such action is commenced in the District Court of Eagle County, Colorado. The parties expressly waive any rights to bring such action in or to remove such action to any other court, whether State or federal. 5.9 No Partnership or Agency Created. The making and execution of this Agreement shall not be deemed to create any partnership, joint venture, or other relationship between the parties or any of them, and no party shall be deemed an agent of any other party because of this Agreement or anything contained herein. 5.10 Immunity. Nothing contained in this Agreement constitutes a waiver of the Town's sovereign immunity under applicable state law. IN WITNESS WHEREOF, each party to this Funds on Deposit Agreement has caused it to be executed effective the date indicated above. THE TOWN OF AVON, COLORADO, a municipal corporation By: __________________________________ ____________________, Town Manager ATTEST: _________________________________ Town Clerk Grading Permit Security and Reclamation Agreement 6 OWNER: By: ___________________________________ _______________________ (Name) _______________________ (Title) STATE OF ___________ ) )ss. COUNTY OF _________ ) Subscribed and sworn to before me this _____ day of ________________ 202__, by ___________________________, as ________________________ of ____________________. Witness my hand and official seal My commission expires: ________________ ____________________________________ Notary Public 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Town Council members FROM: Eric Heil, Town Manager RE: Tract Y Development Agreement DATE: April 4, 2022 SUMMARY: Tract Y Development Agreement is presented for Council consideration. Legacy Mountain Development presented its proposal to construct 52 duplexes and townhomes on Tract Y late last fall. The basic proposal was to development the project with financial support from the Town of Avon and other housing partners in a manner similar to İMi Casa Avon! where there is purchaser assistance in the form of purchasing deed restrictions. Council provided direction at the last Council meeting to prepare a Development Agreement which would specify the proposed terms for this Community Housing project. TERMS: The terms of the Development Agreement are highlighted as follows: 3. Term. The term, or duration, of the Agreement is proposed as 10 ½ years. This term would allow the Town’s tax and fee waivers for Community Housing to remain in place for this duration. See 5. Tax and Fee Waivers. NOTE: the tax and fee waivers would not apply if the Property, or any portion, is not developed as Community Housing. This Development Agreement would constitute a vested right for this time period per 9. Vested Rights. The Town would initially appropriate $600,000 to support the construction of 6 residential units. The amounts due from Town would only be at the time of sale of each unit to a qualified buyer in a manner similar to İMi Casa Avon! in a maximum amount of $100,000 per residential unit. See 7.4. and 7.5. The Towns obligations to appropriate any additional monies would be subject to annual budget and appropriation, meaning subject to the discretion of future Town Councils. See 7.5. Two separate deed restrictions are contemplated – a Buyer-Occupant Deed Restriction (Exhibit B) and an Eagle County Employee Deed Restriction (Exhibit C). See 8. Community Housing Deed Restriction. The Buyer-Occupant Deed Restriction is essentially the same as the Mi Casa Deed Restriction with the exception of Section 9 in that Deed Restriction which allows this Deed Restriction to be subordinate to Freddie Mac and Fannie Mae financing. The Eagle County Employee Deed Restriction does not define a “qualified buyer” or establish any requirements for the buyer or owner. Rather, this Deed Restriction is for direct sale to employers without any intent or obligation of the Town of Avon to provide funding assistance. The occupancy of the Eagle County Employee Deed Restrictions requires at least one occupant to meet the definition of Eagle County Employee. WATER: Water rights are addressed in 6.1. Eagle County has provided water rights to the Upper Eagle Regional Water Authority for potential use for housing projects. Tract Y has 5.7 SFEs already allocated to the property. A request for consideration of the Upper Eagle Regional Water Authority to allocate additional water to serve this project has been submitted. The next meeting of the Upper Eagle Regional Water Authority is on April 28. Section 6.2 address how the Town of Avon’s water tap would be treated. The Town of Avon’s water tap fee is $4,000, or potentially $208,000 for 52 residential units. As written, the Avon water tap fees can receive a credit, or reimbursement, for the cost of extending the water line to serve the 52 residential units. This is the first time this provision of Avon Municipal Code 3.14.070 has been applied to a Community Housing project. FINANCIAL CONSIDERATIONS: The initial commitment under this Development Agreement is $600,000 with the contemplation of an additional $1.1 Million to be appropriated in the future. The Town’s funding Page 2 of 2 commitment is conditioned upon construction of six Community Housing units to start by December 31, 2024 (see 4.2) and finish by December 31, 2025 (see 7.1(b)). RESOLUTON 22-07: Resolution 22-07 is presented to Council because the approval of tax and fee waivers for Community Housing require adoption of a Resolution. OPTIONS: Council has the option of providing direction on any terms in this Development Agreement, requesting additional information, and continuing to a future Council meeting for additional consideration. PROPOSED MOTION: “I move to approve Resolution No. 22-07 Approving a Development Agreement with Legacy Mountain Development, LLC, for Approximately 52 Community Housing Units at Tract Y and Approving Tax and Fee Waivers Pursuant to Chapter 3.14 of the Avon Municipal Code.” Thank you, Eric ATTACHMENT A: Update Letter from Legacy Mountain Development ATTACHMENT B: Resolution No. 22-07 Development Agreement ATTACHMENT C: Staff Report from December 14, 2021 Thank you, Eric Track Y Development Update 4-3-22 Dear Avon Town Council members and Staff, This letter is an update as to the progress of the Track Y property. Although we do not yet have a signed commitment from the TOA, we have pushed our engineers and architects forward on the project due to the positive nature of the last meeting with the Town Council. We are finalizing initial plans with our architect and once finalized we can begin the pricing process. Our civil engineers have preliminary plans done and will finalize once they receive unit specifics from the architect. Soils engineers need one more soil sample to complete their scope which has been scheduled. We have had significant interest in the product from both individuals and businesses. That being said, the lending and construction market are both very volatile right now and having firm commitments of support from the Town of Avon is very important to this project being successful. Lastly, we are finalizing infrastructure costs and are hoping there is still assistance funding that could be available. For scheduling we are still optimistic to break ground during the summer to begin the extensive amount of grading and get the infrastructure moving. Once that is in place we can begin the phased construction and get delivery dates for these much needed units. We appreciate the continued support from all of the Town of Avon and look forward to a successful project. Kind Regards, Sean Reynolds Steve MacDonald Phil Matsen ATTACHMENT A: Update Letter 4-3-22 Resolution 22-07 Approving Development Agreement with Legacy Mountain Development Page 1 of 2 RESOLUTION NO. 22-07 APPROVING A DEVELOPMENT AGREEMENT WITH LEGACY MOUNTAIN DEVELOPMENT, LLC, FOR APPROXIMATELY 52 COMMUNITY HOUSING UNITS AT TRACT Y AND APPROVING TAX AND FEE WAIVERS PURSUANT TO CHAPTER 3.14 OF THE AVON MUNICIPAL CODE. WHEREAS, Legacy Mountain Development, LLC, owns the real property described as Tract Y, Avon, Colorado; and WHEREAS, Chapter 3.14 of the Avon Municipal Code sets forth a process whereby the Avon Town Council may waive or reduce certain fees related to the development of Community Housing projects; and WHEREAS, Legacy Mountain Development, LLC. intends to construct Community Housing on Tract Y of approximately to 52 units (“Community Housing Project”); and WHEREAS, Legacy Mountain Development, LLC submitted a written request to waive applicable development related fees (“Waiver”) for its Community Housings Project; and WHEREAS, in exchange for the Waiver, Legacy Mountain Development, LLC has agreed the terms and conditions of the Development Agreement attached hereto as Exhibit A; and WHEREAS, the Development Agreement provides for, among other things, the execution of deed restrictions for Community Housing for Eagle County employees; and WHEREAS, the Development Agreement meets all the criteria of Section 3.14.030 of the Avon Municipal Code; and WHEREAS, the Avon Town Council finds that the construction of the Community Housing Project will promote and support, benefit, and enhance the Avon community by providing housing; and, WHEREAS, the Avon Town Council finds that the promotion and support through the waiver of sales tax on construction materials and fixtures delivered to the Community Housing Project will promote the health, safety and general welfare of the Avon community. NOW THEREFORE, the Town Council, hereby RESOLVES: Section 1 The Town Council hereby finds the Waiver is necessary to promote Community Housing that will meet the current and projected housing needs for the Avon community. Resolution 22-07 Approving Development Agreement with Legacy Mountain Development Page 2 of 2 Section 2 The Town Council hereby finds the public as a whole will benefit from the Community Housing Project. Section 3 The Town hereby grants a waiver of taxes and fees the Community Housing Project, as detailed in the Development Agreement attached hereto as Exhibit A. ADOPTED ___________________, 2022 by the AVON TOWN COUNCIL By:_______________________________ Attest:_________________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk Tract Y Development Agreement – DRAFT April 8, 2022 Page 1 of 11 DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND LEGACY MOUNTAIN DEVELOPMENT THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as on _________, 2022 (“Effective Date”) by and between the TOWN OF AVON, a Colorado home rule municipality (“Town”), and LEGACY MOUNTAIN DEVELOPMENT LLC, a Colorado limited liability company (“Developer”). RECITALS WHEREAS, Developer has a legal interest in certain real property known as Tract Y in Avon, Colorado, as more particularly described on Exhibit A, and known as Parcel Number _____________ (“Property”); and WHEREAS, Developer intends to construct a Community Housing Project which is intended to include approximately fifty-two (52) residential units on the Property (“Development”). Wherever used in this Agreement, the term “Community Housing” means any residential dwelling unit that is subject to either of the Deed Restrictions referenced in Section 8 of this Agreement, or otherwise meets the definition of Community Housing under the Avon Municipal Code, Section 3.14.020, as may be amended from time to time; and WHEREAS, on January 12, 2021, after a duly noticed public hearing, the Town of Avon Town Council approved the subdivision of the Property; and WHEREAS, Developer intends to submit future development plans for consideration and approval by the Town (“Development Approvals”); and WHEREAS, the Town and Developer desire to set forth their rights and obligations with respect to the Development in this Agreement; and WHEREAS, the Town desires to make an initial appropriation of $600,000 to support the initial construction of this Development and then define the conditions for additional appropriation of funds in accordance with the terms described in this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: TERMS 1. Recitals. The foregoing recitals are incorporated herein as material representations and acknowledgments of the Parties. 2. Purposes. The purpose of this Agreement is to set forth the terms and conditions to be met by the Developer with respect to the Development; and the Town providing Tax and Fee Tract Y Development Agreement – DRAFT April 8, 2022 Page 2 of 11 Waivers for the Development and down-payment assistance for purchasers of Community Housing units within the Development. All terms and conditions contained herein are in addition to all requirements of the Avon Municipal Code, contained therein, except where specifically provided in this Agreement or a future Public Improvements Agreement. The Developer agrees to bear all costs and responsibility for completion of the improvements unless Town and Developer mutually agree in writing to another arrangement. This Agreement is not executed for the benefit of materialmen, laborers, or others providing work, services, or materials to the Property. The Developer and the Town agree to comply with all terms and conditions contained in this Agreement. 3. Term. The Term of this Agreement shall run until December 31, 2033, except that the Town’s obligation to provide funding pursuant to the terms of Section 7 of this agreement shall run until December 31, 2025. The intent is to appropriate additional funds and establish new timeframes for additional construction if the initial construction of six (6) Community Housing units is successful in accordance with the terms and timeframes set forth in Section 7. Town and Developer agree to negotiate additional appropriations and timeframes for additional construction under Section 7 in good faith. Notwithstanding the foregoing, the Town shall have the right to not approve an extension of additional funding similar to that provided in Section 7 in its sole discretion if the initial construction of six (6) Community Housing units is not completed in accordance with the terms and timeframes set forth in this Agreement. Any extension of Section 7 may include designation of a minimum number of additional Community Housing units and designated of a timeframe for Commencement of Construction and Completion of Construction (as defined in 4.3 and 4.4 below) in the Town’s sole discretion. Extension of Section 7 shall be approved by Town by motion of the Avon Town Council and shall be signed and executed as an amendment to this Agreement. 4. Developer Obligations. The Developer agrees to satisfy the following obligations with respect to the Development and in order to qualify for the Tax and Fee Waiver outlined in Section 4 below. 4.1. Compliance with and recordation of Subdivision Plat approved on January 12, 2021 via Resolution No. 21-01. 4.2. Submit a complete Development Application for Community Housing for the first phase of the Development by December 31, 2023. (a) Commence construction of at least six (6) Community Housing units by December 31, 2024. “Commence Construction” is defined as submitting all information required for a building permit, review and approval by the Town of such building permit application, which approval shall not be unreasonably withheld or delayed, and actual commencement of grading and foundation work. 4.3. All Community Housing units shall be subject to a deed restriction to be recorded prior to any liens or mortgages on the unit as provided in Section 8 of this Agreement. Upon recording of a deed restriction as provided in Section 8 against a Unit, the parties will record a release of this Agreement with respect to that Unit. Tract Y Development Agreement – DRAFT April 8, 2022 Page 3 of 11 4.4. Comply with all Town of Avon requirements regarding water rights dedications. Developer shall secure such water rights as are necessary for completion of the proposed 52-unit development prior to the recordation of the Subdivision Plat. 4.5. Execute a Public Improvement Agreement (“PIA”) prior to commencing any onsite construction including infrastructure in the Town’s usual and customary format and terms, including but not limited to the requirements of Avon Municipal Code Section 7.32.100. The PIA shall address security and timing for public improvements necessary to complete the development. 4.6. Formation of Association. The Developer shall form a common interest community (“Association”) pursuant to the Colorado Common Interest Ownership Act (CRS §38- 33.3-101 et. seq.) prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy for the first building to be constructed within the Development and prior to any occupancy thereof; provided, however, that in the event that the Association has not been formed as required, the Developer shall be liable for all obligations of the Association hereunder until such time as the Association is formed. Until such time as the Developer no longer has the right to appoint a majority of the executive board of the Association pursuant to State law, Developer shall remain liable for all obligations of both the Developer and the Association pursuant to this Agreement. 4.7. Association Deemed to be Developer. In addition to the rights and obligations of the Association, as specifically stated in this Agreement, with respect to any Common Area of the Development that is conveyed to the Association, except for any right of Developer to a refund of any deposit or other monetary security held by Town hereunder, the Association shall be deemed to be the Developer with respect to the provisions, rights, and obligations of this Agreement, if any, that apply to the ongoing use, ownership, maintenance or operation of that Common Area. The Association shall not be deemed to be the Developer with respect to the provisions, rights, and obligations of this Agreement to the extent that any portion of the Development remains subject to development rights under the Association’s Governing Documents. The provisions of any other Section of this Agreement necessary to give effect to the Association’s rights and obligations under the foregoing Articles and Sections shall also be deemed to control. 4.8. Approval of Governing Documents. Developer shall submit the Association Governing Document for review and approval by the Town as to those matters described in this Section 4 prior to recordation of the Association’s Governing Documents. The Association Governing Document shall include express permission that deed restrictions for community housing purposes similar to the Town of Avon’s ¡Mi Casa! deed restriction may be imposed and recorded on the Community Housing Units and any additional residential units; provided, the imposition of such deed restriction upon any additional residential units shall be subject to approval of the residential unit owner as agreed upon by the subject residential unit owner prior to any imposition and recordation of such deed restriction. The Town will respond to Association Governing Tract Y Development Agreement – DRAFT April 8, 2022 Page 4 of 11 Document referral within fourteen (14) calendar days. The Association Governing Documents shall be submitted to the Town prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1 of the Development. 4.9. Default by Developer or Association. Any failure of the Association Governing Documents to contain and maintain the provisions required by this Agreement shall be a default by the Association under this Agreement, and the Town shall be entitled as a remedy therefor to obtain an order for reformation of the Association Governing Documents so that they are in compliance with this Agreement. 4.10. Amendments to Association’s Governing Documents. As to those matters described in this Section 4, any future amendments to the Association Governing Documents shall require the written consent of the Town. 4.11. Applicability to Future Phases of the Development. Developer shall be entitled to the Tax and Fee Waiver described in Section 5, on the terms of Section 5, with respect to any future phases of the Development so long as such phase is developed for Community Housing and Developer has complied with this Section 4 with respect to the first phase of the Development. 5. Tax and Fee Waivers. The Town hereby grants a waiver of the Avon Real Estate Transfer Tax for the transfer of title to any Community Housing Units from Developer to any purchaser thereof, a waiver of the Avon Sales Tax applicable to the construction of all Community Housing Units, a waiver of all Development Application Review fees related to the Development (not including third party charges to the Town of Avon associated with review of development applications), and a waiver of Building Permit fees for construction of all Community Housing units (collectively the “Waivers”). 5.1. The Sales Tax Waivers shall only apply to the purchase of construction materials and fixtures delivered to the Development which are purchased for use in development of Community Housing. 5.2. The Waivers shall initially be conditional and shall only become permanent upon execution of a Deed Restriction by Developer and the Town for at least six (6) Community Housing units in the first phase of the Development and recording of the Deed Restrictions in the Eagle County Clerk and Recorders Office. For future phases of the Development, the Waivers shall initially be conditional and only become permanent upon and to the extent of execution of Deed Restrictions by Developer and the Town for Community Housing Units in future phases. 5.3. Developer shall provide records, receipts, and documentation to the Town of the construction materials purchased on or prior to issuance of a Certificate of Occupancy for each residence and shall maintain such records as required by Chapter 3.12 Sales Tax of the Avon Municipal Code. Tract Y Development Agreement – DRAFT April 8, 2022 Page 5 of 11 6. Water. 6.1. Water Rights. Town and Developer shall jointly and cooperatively request the allocation of additional water necessary to serve the Development from the Upper Eagle Regional Water Authority. The Town has 5.7 SFEs currently assigned to the Property, resulting in a need for approximately 46.3 additional SFEs. Town will request water rights allocation to be provided at no cost to the Developer to support this Development. Obtaining additional water rights allocation is a condition of Development approval If Upper Eagle Regional Water Authority determines to charge for the allocation of water then Developer shall be responsible for that cost. 6.2. Water Tap Fee Credit or Reimbursement. The Town agrees to allow the Avon Water Tap fee to be applied to the cost of water line extension and improvements as authorized by Avon Municipal Code Section 3.14.070, provided that only the portion and cost of water line extension and improvement which is identified and required in the PIA shall be eligible for credit or reimbursement. The Town shall make reimbursement payments to Developer within thirty (30) days after receipt by Town of payment by Developer of such water tap fees. 7. Town Obligations. The Town agrees to make funds available to assist individuals with the purchase of residences on the Property in accordance with the following: 7.1. The Town shall only be committed to make funds available if Developer satisfies the following obligations with respect to the Development: (a) Developer must commence construction of at least six (6) Community Housing units in the first phase of the Development by December 31, 2024. “Commence construction” is defined as submitting all information required for a building permit application, review and approval by the Town of such building permit application (which approval shall not be unreasonably withheld or delayed), and actual commencement of grading and foundation work. (b) Developer must Complete Construction of at least six (6) Community Housing units by December 31, 2025. “Compete Construction” is defined as completion of physical construction and receipt of a final Certificate of Occupancy. A Temporary Certificate of Occupancy does not meet the definition of Complete Construction. 7.2. Town shall use the eligibility criteria set forth in the Town of Avon ¡Mi Casa Avon! program, as may be amended from time to time by the Town in its sole discretion. 7.3. Funds shall only be provided for the purchase of Community Housing deed restrictions for qualified buyers that meet the ¡Mi Casa Avon! eligibility criteria upon execution of the Deed Restriction. 7.4. The amount of funds available for each residential unit shall be limited to 12% of the purchase price or appraised value (whichever is less) and shall not exceed a maximum Tract Y Development Agreement – DRAFT April 8, 2022 Page 6 of 11 amount of $100,000 per residence. Council may revise the percentage fund terms or the maximum amount per unit in its sole discretion on the same basis as the Town may revise the ¡Mi Casa Avon! Program terms. 7.5. The Town intends to provide funds for the full Development in an amount not to exceed $1.7 million. Town shall appropriate an initial amount of $600,000 for six (6) Units of Community Housing in the first phase of the Development, which shall be available in accordance with the terms of this Agreement. The remaining $1.1 million funds shall be subject to annual budget and appropriation by the Avon Town Council. The Avon Town Council may revise, increase, reduce, or rescind its commitment of the $1.1 million of funds in its sole discretion. 7.6. The Town agrees to exercise reasonable good faith efforts to pursue partnership funding contributions from other entities including but not limited to the Town of Vail and Eagle County to match the Town’s pledge of funds. 8. Community Housing Deed Restrictions. 8.1. Developer may elect to sell and convey residential units to qualified buyers that meet the eligibility criteria of ¡Mi Casa Avon! and receive funds from the Town subject to a Community Housing Deed Restriction that is executed and recorded which shall be substantially in the form attached hereto as EXHIBIT B: BUYER-OCCUPANT DEED RESTRICTION; or, 8.2. Developer, may elect to use residential units for occupants that meet the definition of Eagle County Employee or convey to a third party with a deed restriction that restricts use and occupancy of the residential unit to is an Eagle County Employee subject to a Community Housing Deed Restriction that is executed and recorded prior to occupancy and upon conveyance to a third party, which is substantially in the form attached hereto as EXHIBIT C: EAGLE COUNTY EMPLOYEE DEED RESTRICTION. No funds shall be provided by the Town as a condition of executing and recording the Eagle County Employee Deed Restriction on such residential units. The tax and fee waivers set forth in Section 5 shall be the only consideration for the obligation of Developer to execute and record the Eagle County Employee Deed Restriction. The execution and recording of the Eagle County Employee Deed Restriction shall be a condition to the use and occupancy of such residential units. 9. Vested Rights. In accordance with and subject to the provisions of C.R.S. §24-68-101 et seq., Developer shall have the vested right to develop the Development pursuant to the Development Approvals once they are obtained. This Agreement shall not preclude the application to Developer of changes in laws, regulations, plans, or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations. In the event changes in the law prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with the law and Tract Y Development Agreement – DRAFT April 8, 2022 Page 7 of 11 according to the Town’s terms. In the event of a change of law, the Developer and Town shall take action as may be reasonably required in good faith to meet the intent of this Agreement. 10. Permitted Uses. 10.1. During the Term of this Agreement the use of any portion of the Development for which Tax and Fee Waivers have been provided by the Town shall be restricted to Community Housing subject to a Deed Restriction approved by the Town as described in this Agreement and as described in the Avon Municipal Code. 10.2. The permitted density and intensity of use of the Development, the maximum height, bulk and size of the proposed building, and the location of public improvements and public utilities, and other terms and conditions of development applicable to the Development shall be as set forth in the Development Plan and SIA approved by the Town. Nothing contained in this Agreement requires the Town to approve the Development and the processing of the Development Plan and SIA shall occur as with any other development application. 10.3. In the event that this Agreement is terminated, the permitted use of the property shall be governed by the underlying zoning in effect and as may be amended from time to time, provided that the Developer, as owner of the Property, shall be required to reimburse Town for any and all Tax and Fee Waivers for that portion of the Property which was not developed as Community Housing. Reimbursement of any and all Tax and Fee Waivers that are due shall be a condition of the Town accepting any development application or building permit for any use after termination of this Agreement. This provision shall be a covenant that runs with the land for the benefit of the Town and shall survive termination of this Agreement. 11. Default; Termination. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party, unless such period is extended by written mutual consent, shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such thirty (30) day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such thirty (30) day period. Upon the occurrence of a default under this Agreement, the non-defaulting party may take action pursuant to the Code or institute legal proceedings to enforce the terms of this Agreement. If the default is cured, then no default shall exist and the noticing Party shall take no further action. Notwithstanding anything to the contrary contained herein, neither Party shall be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of war, a pandemic for which a disaster emergency is declared by the Governor, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, Tract Y Development Agreement – DRAFT April 8, 2022 Page 8 of 11 casualties, acts of God, restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, new or supplemental environmental regulations, or similar basis for excused performance which is not within the reasonable control of the Party to be excused. Upon the request of either Party hereto, an extension of time, including an extension of applicable contract dates, for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 12. Defense and Indemnity. 12.1. Developer’s Actions. Developer shall hold harmless and indemnify Town and its elected and appointed officers, agents, employees, and representatives from claims, costs, and liabilities for any personal injury, death, or physical damage (including inverse condemnation) which arises directly or indirectly, as a result of the construction of the Development, or of operations performed under this Agreement, by Developer or by Developer’s contractors, subcontractors, agents or employees, whether such operations were performed by Developer or any of Developer’s contractors, subcontractors, or any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer’s contractors or subcontractors. 12.2. Town’s Actions. Nothing in this section shall be construed to mean that Developer shall indemnify or hold the Town or its elected and appointed representatives, officers, agents and employees harmless from any claims of personal injury, death or property damage arising from, or alleged to arise from any act or omission of the Town with regard to improvements that have been offered for dedication and accepted by Town for maintenance. Nothing contained herein is intended to nor shall be construed as a waiver of the Town’s governmental immunity under state or federal law. 13. No Agency, Joint Venture or Partnership. It is specifically understood and agreed to by and between the parties that: (1) the subject Development is a private development; (2) the Town has no interest or responsibilities for, or due to, third parties concerning any improvements until such time, and only until such time, that the Town accepts the same pursuant to the provisions of this Agreement or in connection with the Development Approvals (as defined in the Recitals above); (3) Developer shall have full power over and exclusive control of construction of the Development on the Property subject to the approvals and Conditions of Approval of the Town; and (4) the Town and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between Town and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between Town and Developer. 14. Miscellaneous Provisions. 14.1. Assignment. This Agreement may not be assigned by the Developer to any party that does not take title to the Development without the prior written consent of the Town, which consent shall not be unreasonably withheld, conditioned, or delayed. In the Tract Y Development Agreement – DRAFT April 8, 2022 Page 9 of 11 event the Developer desires to assign its rights and obligations herein, it shall so notify the Town in writing together with the proposed assignee's written agreement to be bound by the terms and conditions contained herein. 14.2. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the Town to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 14.3. Amendments. This Agreement shall not be amended, except by subsequent written agreement of the Parties. 14.4. Release of Liability. It is expressly understood that the Town cannot be legally bound by the representations of any of its officers or agents or their designees except in accordance with the Town of Avon Municipal Code and Ordinances and the laws of the State of Colorado, and that the Developer, when dealing with the Town, acts at its own risk as to any representation or undertaking by the Town officers or agents or their designees which is subsequently held unlawful by a court of law. 14.5. Captions. The captions in this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part hereof. 14.6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns. 14.7. Invalid Provision. If any provisions of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect. It is the intention of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 14.8. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Eagle County, Colorado. 14.9. Attorneys’ Fees; Survival. Should this Agreement become the subject of litigation, each party shall be responsible for its own costs and attorneys’ fees, with the exception that each party may seek attorneys’ fees for frivolous claims as allowed under Colorado rules of civil procedure. Tract Y Development Agreement – DRAFT April 8, 2022 Page 10 of 11 14.10. Authority. Each person signing this Agreement represents and warrants that he is fully authorized to enter into and execute this Agreement, and to bind the Party it represents to the terms and conditions hereof. 14.11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall be deemed one and the same instrument. 14.12. Notice. All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth, or sent by email to the email addresses stated below. All notices so given shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Email notices shall be deemed received on the date that the recipient acknowledges receipt. Party by notice so given may change the address to which future notices shall be sent. Notice to Town: Town of Avon Attn: Town Manager P.O. Box 975 Avon, CO 81620 Telephone: 970-748-4004 Email: townmanager@avon.org And: Town of Avon Attn: Town Attorney P.O. Box 975 Avon, CO 81620 Telephone: 970-748-4001 Email: townattorney@avon.org If to Developer: Legacy Mountain Development Telephone: Email: 14.13. Construction. Each reference in this Agreement to any of the Development Approvals shall be deemed to refer to the Development Approval as it may be amended from time to time pursuant to the provisions of this Agreement, whether or not the particular reference refers to such possible amendment. 14.14. Covenants Running with the Land. All of the provisions contained in this Agreement constitute covenants running with the land. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Property. [SIGNATURE PAGE FOLLOWS] Tract Y Development Agreement – DRAFT April 8, 2022 Page 11 of 11 IN WITNESS WHEREOF, this Agreement has been entered into by and between the Town and Developer as of the date and year first above written. TOWN OF AVON ______________________________________ _____________________________________ By: Sarah Smith Hymes, Mayor Attest: Brenda Torres, Town Clerk APPROVED AS TO FOR: ___________________________________ Karl J. Hanlon, Town Attorney DEVELOPER: ___________________________ ______________________________________ ____________________, _________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing Development Agreement was acknowledged before me this ______ day of __________________ 2022 by _____________________, as ______________ of __________________________________, Developer of the property Witness my hand and official seal.\ My commission expires: ____________ ______________________________________ Notary Public Exhibit B: Form of Buyer Occupied Deed Restriction Page 1 of 11 EXHIBIT B TOWN OF AVON - BUYER OCCUPIED DEED RESTRICTION (NON-PRICE CAPPED) THIS COMMUNITY HOUSING DEED RESTRICTION (“Deed Restriction”) is entered into on __________________ 202___ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and __________________________, individuals with an address of _________________________________, Avon, Colorado 81657 (collectively “Declarant”) (each individually a “Party” and collectively the “Parties”). WHEREAS, Declarant is purchasing the real property and the improvements situated thereon, located at _______________________, Avon, Colorado 81620 and more particularly described in Exhibit A hereto (“Property”); and WHEREAS, in exchange for the tax and fee waivers approved in the Tract Y Development Agreement and for the approval of Community Housing development, and in compliance with the stated conditions in the Tract Y Development Agreement, Declarant has agreed to place certain restrictions on the use of the Property for the benefit of the Town by requiring occupancy of the Property by at least one qualified resident, as defined below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The use and development of the Property shall be restricted solely and exclusively to residential development for Community Housing as specified in this Deed Restriction and commercial and light industrial uses permitted by the underlying zone district shall not be permitted. The Town shall record this Deed Restriction against the Property at Declarant’s expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Buyer means a Qualified Owner who purchases the Property from an Owner. b. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty- two Exhibit B: Form of Buyer Occupied Deed Restriction Page 2 of 11 c. (32) hours per week for at least eight (8) months in each calendar year; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that such residence is the primary residence for that person. d. Owner means any person who acquires an ownership interest in the Property, subject to the conditions contained herein, and may include either a Qualified Owner or Non- Qualified Owner, as the context requires. e. Qualified Owner means a natural person(s) who is an Eagle County Employee as defined in Section 3.12.020 of the Avon Municipal Code, as amended. f. Non-Qualified Owner means any person who does not meet the definition of Qualified Owner including persons who originally qualified as a Qualified Owner but whose circumstances change and who no longer meet the definition of Qualified Owner. g. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the applicant is continuously occupying and using the residence as a primary residence. Primary residence status may be maintained if unforeseen circumstances arise that requires the resident Eagle County Employee to temporarily leave the residence for a period not to exceed nine (9) months with the intent to return, and the residence is leased to another Eagle County Employee(s) after receiving written approval from the Town Manager. h. Second Home shall mean the status of the Property when used by any person who has a primary residence that is other than the Property. i. Short Term Rental shall mean the rental or lease of the Property for a period of time that is fewer than thirty (30) days. j. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, Declarant shall cause this Deed Restriction to be recorded against the Property in the real property records of . Exhibit B: Form of Buyer Occupied Deed Restriction Page 3 of 11 b. Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may take title with such Qualified Owner’s spouse or civil union partner [if the Qualified Owner is a natural person who is an Eagle County Employee]. c. Occupancy and Use. During the first three (3) years of ownership by the Owner, the Owner shall occupy and use the Property as the Owner’s Primary Residence. On and after the third anniversary of the Owner’s acquisition of the Property, occupancy and use of the Property may include, but shall be limited to, (1) the Qualified Owner for their occupancy and use as a Primary Residence or (2) one or more Eagle County Employees for occupancy and use as a Primary Residence. Permitted occupancy and use shall include immediate family members of the Qualified Owner or such Eagle County Employee or Employees and temporary invitees who do not provide compensation for temporary residence at the Property. Any lease of the Property by the Owner shall be to an Eagle County Employee or Employees for use as a Primary Residence for periods of thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short Term Rental is prohibited. Any use or lease of the Property which is not allowed or is prohibited by this Deed Restriction shall constitute a default and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction. d. Exceptions. It shall not be deemed a violation of Sections 3(a) or (b) above if: i. The resident Eagle County Employee becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The resident Eagle County Employee has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. The Property is unoccupied and the Owner of the Property is actively seeking to sell or lease the Property to an Eagle County Employee, provided that the period of vacancy of the Property shall not exceed twelve (12) months. e. Owner covenants that the Owner shall not permit any occupancy, use or lease of the Property in violation of this Section 3. f. Owner covenants that any lease of the Property shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Property and cooperation on providing required documentation for verification of Eagle County Employee and Primary Residence status. g. No later than February 1st of each year, the Owner of the Property shall submit to the Town a certification setting forth evidence establishing that the Property’s occupancy and use complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. Exhibit B: Form of Buyer Occupied Deed Restriction Page 4 of 11 4. Re-Sale Controls. The Property may not be sold or otherwise transferred to any person other than a Qualified Owner in accordance with the procedures for prior verification contained in this Section 4. a. Owner shall deliver to the Town a written notice of intent to sell the Property which notice shall include the name(s) of the Buyer(s) and all information required to determine whether the Buyer(s) meets the definition of Qualified Owner. b. Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a determination as to whether a prospective Buyer(s) meets the definition of a Qualified Owner. The administrative fee may be increased by the Town Council over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated with processing the application. c. Once the Town has received complete information concerning the prospective Buyers(s) and has received the administrative fee, the Town shall review the information and make a written determination as to whether the Buyer(s) meets the definition of a Qualified Owner within a reasonable time and not to exceed thirty (30) days. d. The Town may require the Buyer to reimburse the Town for any additional costs that are incurred in the review and determination of whether a Buyer(s) meets the definition of a Qualified Owner, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the Town to complete its investigation. e. The Owner may sell and convey the Property to the Buyer(s) that is determined in writing by the Town to be a Qualified Owner. f. Upon sale and conveyance of the Property by Owner to a Buyer, the Buyer shall be subject to the same occupancy and use requirements set forth in Section 3(c) herein. 5. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the Property. This Deed Restriction shall constitute permission to enter the Property during such times upon such notice without further consent. A default by Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner. b. Acceptance of the Property by a person or entity that is not a Qualified Owner. Exhibit B: Form of Buyer Occupied Deed Restriction Page 5 of 11 c. Transfer or conveyance of the Property to a person who is a Qualified Owner prior to obtaining certification from the Town that such person is a Qualified Owner. d. Any ownership, use or occupancy of the Property in violation of Section 3 above, including, without limitation, any lease of the Property to a person or entity that is not an Eagle County Employee. e. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. f. Failure to make payments and comply with the terms of any deed of trust placed on the Property. g. Any action by the Owner to encumber the Property in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. h. Permitting the use of the Property as a Short Term Rental or Second Home. 6. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. Exhibit B: Form of Buyer Occupied Deed Restriction Page 6 of 11 7. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property which violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 8. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 9. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Association (“Fannie Mae”) holds or is assigned a deed of trust for any Home, the rights of the Town pursuant to the provisions of Sections 6 and 7 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Home, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 6 or 7. 10. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. Exhibit B: Form of Buyer Occupied Deed Restriction Page 7 of 11 b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 11. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above (“Option Period”). b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances up to the maximum amount defined in Section 5.g. above (together with interest, fees and costs expressly chargeable under deed of trust, lien or other encumbrance instrument), which amounts Exhibit B: Form of Buyer Occupied Deed Restriction Page 8 of 11 shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent Qualified Owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any Qualified Owner provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 11.d above, subject, however, to Section 11.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 12. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 13. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the Exhibit B: Form of Buyer Occupied Deed Restriction Page 9 of 11 waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Successors. Except as otherwise provided herein, the provisions and covenanted contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property for the benefit of the Town or the Town’s assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. l. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. Exhibit B: Form of Buyer Occupied Deed Restriction Page 10 of 11 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: [ ] By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of __________________, 202__, by _____________________, as the owner of the real property described above. Witness my hand and official seal. My commission expires: ____________________________________ Notary Public TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk Exhibit B: Form of Buyer Occupied Deed Restriction Page 11 of 11 Exhibit A [Insert Property Legal Description] Exhibit C: Form of Eagle County Employee Deed Restriction Page 1 of 11 EXHIBIT C TOWN OF AVON EAGLE COUNTY EMPLOYEE DEED RESTRICTION (NON-PRICE CAPPED) THIS COMMUNITY HOUSING DEED RESTRICTION (“Deed Restriction”) is entered into on __________________ 202___ (the “Effective Date”) by and between the Town of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O. Box 975, Avon, Colorado 81620 (“Town”), and __________________________, individuals with an address of _________________________________, Avon, Colorado 81657 (collectively “Declarant”) (each individually a “Party” and collectively the “Parties”). WHEREAS, Declarant is purchasing the real property and the improvements situated thereon, located at _______________________, Avon, Colorado 81620 and more particularly described in Exhibit A hereto (“Property”); and WHEREAS, in exchange for the tax and fee waivers approved in the Tract Y Development Agreement and for the approval of Community Housing development, and in compliance with the stated conditions in the Tract Y Development Agreement, Declarant has agreed to place certain restrictions on the use of the Property for the benefit of the Town by requiring occupancy of the Property by at least one qualified resident, as defined below. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: COVENANTS 1. Restriction and Recording. The Property is hereby burdened with the covenants and restrictions specified in this Deed Restriction. The use and development of the Property shall be restricted solely and exclusively to residential development for Community Housing as specified in this Deed Restriction and commercial and light industrial uses permitted by the underlying zone district shall not be permitted. The Town shall record this Deed Restriction against the Property at Declarant’s expense. 2. Definitions. The following definitions shall apply to terms used in the Deed Restriction: a. Eagle County Employee means an employee working in Eagle County who works an average of at least thirty-two (32) hours per week for at least eight (8) months in each calendar year or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty- two(32) hours per week for at least eight (8) months in each calendar year; or a person who derives income from self-employment whose business is situated in Eagle Exhibit C: Form of Eagle County Employee Deed Restriction Page 2 of 11 County; or a person who works for an employer outside Eagle County if that person can demonstrate that such residence is the primary residence for that person. Owner means any Person as defined in Section 3.12.020 of the Avon Municipal Code, as amended who acquires an ownership interest in the Property, subject to the conditions contained herein, and may include either a Qualified Owner or Non- Qualified Owner, as the context requires. b. Home means each separate single-family or multi-family dwelling constructed within the Property and the real property upon or within such dwelling is located. c. Owner means any person who acquires an ownership interest in a Home. d. Primary Residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the applicant is continuously occupying and using the residence as a primary residence. Primary residence status may be maintained if unforeseen circumstances arise that requires the resident Eagle County Employee to temporarily leave the residence for a period not to exceed nine (9) months with the intent to return, and the residence is leased to another Eagle County Employee(s) after receiving written approval from the Town Manager. e. Qualified Resident means an Eagle County Employee who occupies the applicable Home as their Primary Residence. f. Non-Qualified Resident means any person who does not meet the definition of Qualified Resident, including persons who originally qualified as a Qualified Resident but whose circumstances change and who no longer meets the definition of Qualified Resident. g. Second Home shall mean the status of the Property when used by any person who has a primary residence that is other than the Property. h. Short Term Rental shall mean the rental or lease of the Property for a period of time that is fewer than thirty (30) days. i. Town shall include employees of the Town of Avon or subcontractors retained by the Town who are tasked with enforcing Deed Restriction agreements. 3. Ownership and Use of the Property. a. Recording. Immediately upon execution of this Deed Restriction by the Town and Declarant, Declarant shall cause this Deed Restriction to be recorded against the Exhibit C: Form of Eagle County Employee Deed Restriction Page 3 of 11 Property in the real property records of Eagle County. b. Occupancy and Use. Every Home developed within the Property shall be occupied by at least one (1) Qualified Resident. Permitted occupancy and use shall include immediate family members of the Qualified Resident(s) and temporary invitees who do not provide compensation for temporary residence at the Home. Any lease of a Home shall be for periods of thirty (30) days or longer. Use or lease of a Home as a Second Home or for Short Term Rental is prohibited. Any use or lease of a Home that is not allowed or is prohibited by this Deed Restriction shall constitute a default of this Deed Restriction applicable to that Home only (and not any other Home or any other portion of the Property) and shall be subject to the enforcement provisions and remedies contained in this Deed Restriction against the Owner of the Home that is not compliant with this Deed Restriction but not any other Owner. c. Exceptions. It shall not be deemed a violation of Sections 3(a) or (b) above if: i. The occupant of a Home who was a Qualified Resident at the time their occupancy began becomes a Non-Qualified Resident because the occupant becomes disabled and is no longer able to work as determined by the Town in its sole exclusive discretion; or ii. The occupant of a Home who was a Qualified Resident at the time their occupancy began becomes a Non-Qualified Resident because the occupant has lost full-time employment and is actively seeking reemployment, not to exceed ninety (90) days after loss of employment; or iii. A Home is unoccupied and the Owner of the Home is actively seeking to sell or lease the Home to a Qualified Resident, provided that the period of vacancy of the Home shall not exceed twelve (12) months. d. Every Owner, by taking title to a Home, covenants that the Owner shall not permit any occupancy, use or lease of the Owner’s Home in violation of this Section 3. No Owner of a Home, nor Declarant, shall be liable for any default under this Deed Restriction by any other Owner. e. Every Owner, by taking title to a Home, covenants that any lease of the Home shall include a reference that such lease is subject to the terms and conditions of this Deed Restriction, including but not limited to restrictions on the use and occupancy of the Home and cooperation on providing required documentation for verification of Qualified Resident status. f. No later than February 1st of each year, the Owner of each Home shall submit to the Town a certification setting forth evidence establishing that the occupancy and use of the Home complies with this Deed Restriction on a form provided by the Town, which form shall be sent to the address of record of the Owner according to the Eagle County Assessor’s Office. Exhibit C: Form of Eagle County Employee Deed Restriction Page 4 of 11 4. Default by Owner. If the Town has reasonable cause to believe that the occupancy or use of a Home is in violation of any provision of this Deed Restriction, the Town may inspect the applicable Home (but not any other Home not alleged to be in violation of this Deed Restriction) between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the applicable Home. This Deed Restriction shall constitute permission to enter the applicable Home (but not any other Home not alleged to be in violation of this Deed Restriction) during such times upon such notice without further consent. A default by an Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: a. Occupancy of the Home by a person who is a Qualified Resident prior to obtaining certification from the Town that such person is a Qualified Resident. b. Any use or occupancy of the Home in violation of Section 3 above. c. Failure to submit an annual certification of occupancy and use as described in Section 3.f above. d. Failure to make payments and comply with the terms of any deed of trust placed on the Home after any period for notice and cure provided in said deed of trust. e. Any action by the Owner to encumber the Home in a manner that conflicts with the terms of this Deed Restriction or renders compliance with the terms of this Deed Restriction impossible or impractical. f. Permitting the use of the Home as a Short Term Rental or Second Home. 5. Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town shall send a written notice of default to the Owner detailing the nature of the default and providing sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the Town shall administratively review the finding and, if the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the Avon Town Council. A decision of the Avon Town Council may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or Town Council appeal is timely requested in writing and the violation is not cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Deed Restriction. If an administrative or Town Council appeal is requested, the decision of the Avon Town Council (or administrative decision if such decision is not timely appealed to the Town Council) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon Town Council is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within Exhibit C: Form of Eagle County Employee Deed Restriction Page 5 of 11 sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this Deed Restriction. In the event of any lease of the Property to a person who is not an Eagle County Employee or use of the Property as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as a material requirement of curing the notice of default. 6. Remedies. In the event of violation, non-performance, default or breach of any term of this Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the Town shall bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court filing costs and county recording costs. In addition to any other remedy provided by law or equity, the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due to the Town. In the event of a transfer or conveyance of the Property which violates the terms of this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Deed Restriction. 7. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Deed Restriction by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for each day that the Owner is in violation of this Deed Restriction after having failed to timely cure the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s ability to recover costs as stated in Section 6 above. Liquidated damages shall be in addition to the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in addition to the right of the Town to recover costs and seek equitable remedies. 8. Freddie Mac and Fannie Mae. Notwithstanding the foregoing, in the event that the Federal Home Loan Mortgage Corporation (“Freddie Mac”) or the Federal National Mortgage Association (“Fannie Mae”) holds or is assigned a deed of trust for any Home, the rights of the Town pursuant to the provisions of Sections 6 and 7 shall be subordinate to such deed of trust and such deed of trust shall unconditionally be and remain at all times a lien or charge on the Home, prior and superior to the lien or charge of the Town. Until repayment in full of the deed of trust, the Town shall not exercise any of its rights or remedies with respect to Sections 6 or 7. Exhibit C: Form of Eagle County Employee Deed Restriction Page 6 of 11 9. Release of Deed Restriction in Event of Foreclosure or Deed in Lieu. a. An Owner shall notify the Town, in writing, of any notification received from a lender of past due payments or defaults in payments or other obligations within five (5) days of receipt of such notification. b. An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under the first deed of trust or any other subordinate security interest in the Property, or when any payment on any indebtedness encumbering the Property is required to avoid foreclosure of the first deed of trust or other subordinate security interest in the Property. c. Within sixty (60) days after receipt of any notice described herein, the Town may (but shall not be obligated to) proceed to make any payment required to avoid foreclosure. Upon making any such payment, the Town shall place a lien on the Property in the amount paid to cure the default and avoid foreclosure, including all fees and costs resulting from such foreclosure. d. Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Deed Restriction shall remain in full force and effect, including without limitation Section 4 hereof, restricting Transfer of the Property. e. The Town shall have thirty (30) days after issuance of the public trustee’s deed or the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering to the holder, in cash or certified funds, an amount equal to the bid price or the redemption price paid by the holder, interest in the amount of eight (8) percent per annum from the date of the issuance of the public trustee’s deed or the recording of a deed in lieu of foreclosure through the date of the Town’s purchase. f. Notwithstanding Section 9.d above, in the event that the Property is encumbered by a mortgage or deed of trust insured by the U.S. Department of Housing and Urban Development (“HUD”) and representing a purchase money first priority mortgage or deed of trust, this Deed Restriction shall automatically and permanently terminate upon foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or deed of trust to HUD. 10. Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt of a Notice of Election and Demand, other notice of foreclosure or other notice of default provided by the holder of a deed of trust, lien or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have the option to purchase (“Option to Purchase”) the Property in accordance with the procedures and terms set forth as follows: a. The Town shall have an Option to Purchase for sixty-five (65) days after receipt of notice as provided above (“Option Period”). Exhibit C: Form of Eagle County Employee Deed Restriction Page 7 of 11 b. The Town shall have right of entry onto and into the Property during the Option Period to inspect the Property. c. The Town shall have the right to purchase the Property for the amount due to the holders of any deeds of trust, liens or other encumbrances, which amounts shall be paid in order of priority of the holders of such deeds of trusts, liens or other encumbrances provided that this Deed Restriction shall remain in effect and burden the Property after acquisition by the Town and upon re-conveyance to a subsequent owner. d. The Town shall have the right to assign the Town’s right to purchase the Property to any party provided that this Deed Restriction shall remain in effect and burden the Property. e. Upon payment by Town or assigns, Owner shall convey title to the Property by a special warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include the words, “and warrant title against all persons claiming under me.” f. Normal and customary closing costs shall be shared equally between the Owner and Town or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated based upon taxes for the calendar year immediately preceding closing. g. If the Town or assigns do not exercise the Option to Purchase during the Option Period, then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction as provided in Section 9.d above, subject, however, to Sections 9.e and 9.f above. In the event that Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure or notice of default submitted by the holder of a deed of trust to the Town, then the Town may unilaterally extend the Option Period until such time as Town, or assigns, exercise the Option to Purchase or the Owner cures any and all defaults. 11. Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the Property through a tax lien sale process. 12. General Provisions. a. Severability. If any term, provision, covenant or condition of this Deed Restriction is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Deed Restriction shall continue and remain in full force and effect. b. Counting Days. If the final day of any notice, default or other event falls on a Saturday, Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon Town Hall is closed for any reason, then the final day shall be deemed to be the next day which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed. Exhibit C: Form of Eagle County Employee Deed Restriction Page 8 of 11 c. Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall be effective unless provided in writing. No waiver of any term or provision of this Deed Restriction in any instance shall constitute a waiver of such provision in any other instance. The Town Council may provide a waiver along with any conditions of the waiver with regard to any of the terms and provisions in this Deed Restriction where unusual or unforeseen circumstances exist and the Owner is diligently seeking to cure a default and such waiver, with conditions if any, supports the purpose and intention of this Deed Restriction. d. Amendment. This Deed Restriction may only be amended in writing by the mutual agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office of Eagle County, Colorado. e. Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle County, Colorado and the original executed and record documents must be returned to the Town. f. Assignment. The Town may assign this Deed Restriction and all rights and obligations, without consent of the Owner, to any other public entity, non-profit corporation or other entity which is organized and exists for the purpose to provide and promote affordable housing for full time residents. g. No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. h. Choice of Law. This Deed Restriction shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any legal action arising from this Deed Restriction shall be in Eagle County, Colorado. i. Successors. Except as otherwise provided herein, the provisions and covenanted contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. The covenants shall be a burden upon and run with the Property for the benefit of the Town or the Town’s assigns, who may enforce the covenants and compel compliance therewith through the initiation of judicial proceedings for, but not limited to, specific performance, injunctive relief, reversion, eviction and damages. j. Section Headings. Paragraph or section headings within this Deed Restriction are inserted solely for convenience of reference and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained herein. k. Gender and Number. Whenever the context so requires in this Deed Restriction, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. l. Notice. Any notice, consent or approval, which is required to be given hereunder, shall be given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by certified mail with return receipt requested; sending by overnight delivery with a Exhibit C: Form of Eagle County Employee Deed Restriction Page 9 of 11 nationally recognized courier service that delivers to the physical address of the Property; or, by hand- delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O. Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the address provided by the Eagle County Assessor’s office. [signature page follows] Exhibit C: Form of Eagle County Employee Deed Restriction Page 10 of 11 IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day and the year first written above. DECLARANT: [ ] By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of __________________, 202__, by _____________________, as the owner of the real property described above. Witness my hand and official seal. My commission expires: ____________________________________ Notary Public TOWN OF AVON, COLORADO: By: _______________________________ Attest: ______________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk Exhibit C: Form of Eagle County Employee Deed Restriction Page 11 of 11 Exhibit A [Insert Property Legal Description] 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Res 21-23 Tax and Fee Waiver for Tract Y DATE: December 10, 2022 SUMMARY: This report presents Resolution No. 21-23 to the Avon Town Council for consideration. Resolution 21-23 would approve a waiver of taxes and fees for the development of Community Housing on Tract Y. Attached is a letter from Legacy Mountain Development whereby Legacy Mountain Development proposes to construct 52 Duplexes and Townhomes for Community Housing. Council reviewed this proposal at its November 16, 2021 Council meeting and expressed some concerns about the structure of the Town’s commitment. The recommendation to Council is to define the Town’s “pledge” as a providing deed restriction purchase funds in the amount of 12% or $100,000 per residence, whichever is less, for home purchasers (not employers purchasing for employees), and limit the pledge to 1/3rd of the proposed development of 52 duplex or townhome units, or 17 units, which would amount to not more than $1.7 Million. A “pledge” of these funds would mean that the Town of Avon is not legally obligated to provided these funds, that the allocation of these funds would be subject to annual budget and appropriation, and the Town of Avon reserves the right to change the terms and conditions of providing funds. This is presented as an appropriate level of commitment at this time by the Town with the understanding that more project details will be identified, there may be a need for additional public funding to assist with infrastructure, and the expectation is that Avon will pursue partnerships with Town of Vail and Eagle County to secure pledges for the other 2/3rds of funding. Options for Council consideration include the following: (1) A approve a deed restriction with a price cap, or a price cap for a limited number of years (e.g. 3 years), to minimize speculation with the use of public deed purchase funds [the owners have indicated a preference for the non-price cap deed restriction that Avon currently uses]; (2) Research, consider and negotiate a public funding contribution upfront with review of the project finances and commitments on product type and offering cost [the owners have indicated that they desire to avoid an approach that involves this level of government review with multiple government agencies due to the impact on timeframe and complexity of the project]; (3) Determine at this time that the project proposal and terms are not the appropriate priority for Avon’s investment in Community Housing goals [Avon Town Council can consider approving the Resolution for Tax and Fee waivers without any reference or commitment to pledging funds for the purchase of deed restrictions in the Deed Restriction or Resolution]. BACKGROUND: The Town Council amended the Avon Municipal Code in 2019 to adopt guidelines for tax and fee waivers to promote Community Housing. This action implemented an identified goal of the 2018 Avon Community Housing Plan. The Town Council also amended the Avon zoning regulations in 2020 to allow “Community Housing” in the Industrial/Commercial Zone District. TAX AND FEE WAIVER: Avon Municipal Code, Chapter 3.14 – Community Housing Incentives sets forth guidelines for tax and fee waivers which requires the adoption of a Deed Restriction on the property to be eligible for tax and fee waivers. The tax and fee waivers include: (1) Real Estate Transfer Tax, (2) Sales Page 2 of 2 Tax on Construction Material, (3) Development Application Fees; and (4) Building Permit Fees. Avon’s water tap fees are NOT included in this waiver. Prior analysis indicated that the collective amount of these tax and fee waivers are estimated to amount to $18,000 to $20,000 per unit. DEED RESTRICTION: The form of the Deed Restriction is attached and would apply to the entire Property once executed and recorded. The Deed Restriction does not restrict owners, but rather limits the use of any residences to at least one full-time resident who meets the definition of “Eagle County Employee”. Paragraph 12 of the Deed Restriction states that these residential properties are eligible for the ¡MI CASA AVON! program and funding assistance. The ¡MI CASA AVON! program is considered essential to deliver new construction to market for full-time residents at an obtainable price point. Legacy Mountain Development proposes this approach for funding assistance so that it tracks the Town of Avon’s existing programs and simplifies the public-private partnership to develop Community Housing in Avon. PROPOSED MOTION: “I move to approve Resolution No. 21-23 Waiving Real Estate Transfer Tax, Sales Tax, Development Code Fees, and Building Permit Fees for the Development of Community Housing on 382 Metcalf Road.” Thank you, Eric ATTACHMENT A: Chapter 3.14 Community Housing Incentive code language ATTACHMENT B: Letter from Legacy Mountain Development ATTACHMENT C: Resolution No. 21-23 Tax Fee Waiver and Deed Restriction (COMPARISON versions showing changes from November 16, 2021 materials) AVON MUNICIPAL CODE CHAPTER 3.14 Community Housing Incentives Avon, Colorado, Home Rule Charter and Code Created: 2021-09-28 07:49:46 [EST] (Supp. No. 28) Page 1 of 2 CHAPTER 3.14 Community Housing Incentives 3.14.010 Purpose. Council may elect to promote Community Housing through the use of Community Housing Incentives, including the credit, exemption or waiver of taxes and/or fees which are otherwise applicable to residential development. The approval of Community Housing Incentives shall be in Council's sole discretion. The value of any Community Housing Incentive approved by Council shall be less than or reasonably commensurate with the value of the proposed Community Housing, which shall be determined in Council's sole discretion. The Community Housing Incentive shall not apply and shall not be granted to any Community Housing that is provided to satisfy employee housing mitigation required pursuant to Title 7 - Development Code. (Ord. No. 19-01, §4) 3.14.020 Definitions. Community Housing means residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. Community Housing Incentive means a tax and/or fee credit, exemption, waiver or refund approved by resolution in accordance with this Chapter 3.14. (Ord. No. 19-01, §4) Cross reference(s)—Development, § 7.08.010. 3.14.030 Approval by resolution. Any credit, exemption or waiver of taxes or fees shall be approved by Council by resolution, which approval shall be in Council's sole discretion. The resolution shall include the following minimum elements: (1) The Community Housing project shall be defined by location, type of residential units, and quantity of residential units; (2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be defined, and may be apportioned for a development project with mixed Community Housing and commercial uses and/or free market residential uses; (3) The form of the deed restriction that shall protect and maintain such Community Housing for the benefit of the Town shall be included with the resolution and the resolution shall accept or authorize the acceptance and execution of the deed restriction; (4) The resolution shall include a finding that the tax and/or fee credits, exemptions and/or waivers are necessary to promote Community Housing that meets a current or projected housing need for the Avon community; and, (5) The resolution shall include a finding of public benefit for providing such tax and/or fee credit, exemption and/or waiver. (Ord. No. 19-01, §4) ATTACHMENT A: AMC 3.14 Community Housing Incentives Created: 2021-09-28 07:49:46 [EST] (Supp. No. 28) Page 2 of 2 3.14.040 Sales tax. Council may provide a tax credit for the amount of sales tax imposed upon building materials and fixtures delivered, installed and/or consumed in Community Housing projects. Council may determine to provide a partial tax credit as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. Neither the ability of the Town to grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01, §4) 3.14.050 Real property transfer tax. Council may provide an exemption for the real property transfer tax on property that is conveyed to construct or otherwise provide a Community Housing project. Council may determine to provide a partial tax credit as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. Neither the ability of the Town to grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. (Ord. No. 19-01, §4) 3.14.060 Development Code fees. Council may provide a waiver, refund or reimbursement of Development Application review fees that are required pursuant to Title 7 - Development Code. The cost for third party consultants and professionals, studies and reports are not included in the Development Application review fees that can be waived, refunded or reimbursed under this Chapter 3.14. Council may determine to provide a partial fee waiver, refund or reimbursement as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) 3.14.070 Avon tap fees. Council may allow the tap fees to be credited towards the cost of required water line upgrades or extensions, may allow deferment of tap fee payment, or may allow a combination of credit and/or deferment of tap fees that are required pursuant to Chapter 13.08 - Rates and Charges of Title 13 - Public Services. Council may determine to provide a partial fee credit or fee deferment as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) 3.14.080 Building permit fees. Council may provide a waiver of Plan Review and Building Permit fees that are required pursuant to Title 15 - Building Code. Council may determine to provide a partial fee waiver, refund or reimbursement as determined appropriate by Council for buildings with mixed Community Housing and commercial uses and/or free market residential units. (Ord. No. 19-01, §4) ATTACHMENT A: AMC 3.14 Community Housing Incentives ATTACHMENT B: Project Letter ATTACHMENT B: Project Letter ATTACHMENT B: Project Letter 970.748.4014 mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Town Council FROM: Max Morgan, Planner I RE: Work Session for Short-Term Rental Regulation DATE: April 12, 2022 INTRODUCTION: The purpose of this work session is to update Council on Staff’s research of STR data in in Avon and potential STR regulations and restrictions and to solicit direction from Town Council on short- term rental (STR) regulations within the Town. Council has expressed interest and concern with the impact of STRs on the availability of residential housing stock for long -term rentals since last summer. Avon Town Council adopted an update to the Avon Community Housing Plan in fall of 2021, which included the following specific goals and tasks for Short-Term Rental regulation evaluation: 1. Evaluation of properties which operate as a condo-hotel or timeshare; have traditionally hosted STRs; provide amenities that are visitor oriented; or are in close proximity to Avon’s commercial core. 2. Evaluation of residential properties that have traditionally not had a significant number of STR licenses or units; or are in proximity to community anchors, such as the Avon elementary school, which are more oriented for full-time resident use. 3. Reconsideration of the existing boundaries of the Short-Term Rental Overlay District. 4. Consideration of a second tier Short-Term Rental Overlay that requires owner occupancy of the residence while allowing Short Term Rental of a portion of the residence to defray housing costs. 5. Consideration of minimum standards for operation and maintenance of STR units. 6. Review of STR regulations adopted by other mountain resort communities, including a cap on licenses. Staff has started to gather information in the six areas described above but does not have complete information, sample regulations or potential options to present at this time. EXISTING REGULATIONS: Currently the Town’s regulatory oversight of STRs is limited to business licensing and remittance of taxes. The Town established a STR Overlay District in 2009 which includes most of the valley floor and residential development on Nottingham Road. Areas not included in the STR Overlay District where STRs are not permitted include Wildridge, Wildwood, Mountain Star, and Eaglebend Drive neighborhoods. Towns, cities, and counties apply a variety of strategies to assess and manage the impacts of STRs. Many communities across Colorado, particularly resort and ski towns, have either adopted new STR regulations and restrictions or are in the process of considering STR regulations and restrictions in reaction to changes in housing stock, workforce availability, public safety, community character, and the cost to manage STRs overall (public services and infrastructure, licensing, compliance and enforcement, tracking and data collection, etc.). Short-term rental regulation can advance goals and objectives from the Town’s Comprehensive Plan (2017), and the Town’s new Housing Plan adopted in October 2021 . Page 2 of 6 HISTORY and OVERVIEW: Short-term rentals transformed from the informal practice of vacation rental homes in the mid-20th century to a multibillion-dollar industry in 2022. The industry’s success is largely attributed to increased access for potential hosts and ease of rental purchase through websites like VRBO and AirBnB. Studies show that short-term renters particularly value access to a kitchen, privacy, and size of the property when compared to the experience of staying in a hotel. The STR industry fared better than hotels during the COVID-19 pandemic. OVERVIEW OF STRS IN AVON: The Town of Avon defines short-term rental as any room or rooms, apartment, condominium, boardinghouse, hotel room, guesthouse, lodge, campground site, recreational vehicle space, bed and breakfast, residence or similar accommodation generally used for sleeping and made available for a fee or other consideration to guests on an overnight basis for a period fewer than thirty (30) days, excluding any unit classified as commercial property by the Eagle County Assessor. The Town of Avon established the Short-Term Rental Overlay (“STRO”) zone district in 2009. Avon also began to actively require STRs to obtain a business licenses for the purpose of monitoring and enforcing sales and accommodations tax collection. Council approved a Business License Amendment in 2015 to add Municipal Code Section 5.04.050 – Advertisement of Accommodations which improved the Town’s oversight and enforcement of the business licensing requirement. In 2017, Town Council added Nottingham Road Properties (parcels north of I-70 and west of Buck Creek Road) to the STRO, resulting in the STRO zone district that currently exists in 2022. Page 3 of 6 As part of the STR program, the Town has required all property owners renting their property as STRs to acquire a business license with a fee of $75. In 2021, there were fifty new business licenses issued specific to STRs, bringing the total of properties in the Town licensed for STRs to 318 by the start of 2022. Currently, front-desk managed properties are required to have only one business license to host multiple short-term renters, so the overall number of spaces available for short-term rental is undetermined but exceeds 318. NOTE: Timeshare developments such as Sheraton Mountain Vista and Christie Lodge and condominium projects such as Falcon Point and Lakeside Terrace typically have one STR license that is held by the front desk. More research is required to determine the total number of STRs when one license is held for multiple STRs. Rental agreements for STRs in Avon include a 4% sales tax and 4% accommodation tax. In 2021, voters approved a 2% STR Tax for Community Housing in addition to the sales tax and accommodation tax. Tax revenue specific to accommodation and vacation rentals in January 2022 report substantial increases when compared to January 2021. The STR Tax for Community Housing totaled $148,282 in January 2022 - the first month of its inclusion in the municipal code. REGIONAL ANALYSIS OF REGULATION: Communities and municipalities throughout Colorado employ a variety of strategies and policies to manage the impacts and capture the benefits of STRs. The Colorado Page 4 of 6 Association of Ski Towns (“CAST”) developed a STR Ordinance Matrix that showcases the range and restrictiveness of policies including taxation, licensing and fees, concentration limits, and zoning limitations. Increasingly common is a requirement for persons renting their property to have a “local responsible party” and a mandatory response time for responsible parties to address complaints . Additional regulation measures include: • Occupancy limits (Blue River, Breckenridge, Crested Butte, Durango, Estes Park, Frisco, Glenwood Springs, Silverthorne, Snowmass Village, Steamboat Springs, Vail) • Site safety inspection requirement (Crested Butte) • Required parking and trash/recycling plan (Dillon) • Requirement to display STR license on property (Blue River, Silverthorne) • Cap on # of rental opportunities/days per year (Telluride) More recently, several communities have identified that the current regulations on STRs have not adequately addressed challenges, and elected to take more restrictive approaches to STRs including: • Ban on STRs for non-resident owners (Frisco) • Slashed number of allowable STRs (Telluride) • Suspension of all STR permits (Crested Butte) • 3-month moratorium on new STR permits (Salida) Case Study: Ketchum, ID Ketchum, a city of 3,500 residents next to the Sun Valley ski resort, has experienced an increase in STRs to accommodate the thriving local recreation and tourist industry. City administrators recognized that the existing taxes applied to STRs did not cover the costs to facilitate and manage STRs safely in Ketchum. In March 2022, the City elected to enact a registration program with a fee mandatory for all existing and future STRs. To participate in the registration program, all properties were required to have smoke alarms and fire extinguishers, keep noise levels down (or risk losing their license/registration), and pay an annual fee of $527. For comparison, Avon’s business and accommodation license annual fee totals $75. The fee was crafted based on estimated costs for: 1. Fire code inspections and relevant software, 2. The percentage of salaries for city employees relative to the amount of time their jobs require them to manage / support STRs, 3. A third-party company to manage the sign-up portal and data collection The City estimated that if two-thirds of STRs complied with the registration program then the City would recoup management and enforcement costs and break even before lodging and accommodation taxes applied. The City also advised that if more STRs demonstrated compliance, then the fee would decrease in Year Two. The City also left open the possibility to start using a square footage or bed-based fee rather than a standardized fee. City officials agreed that a registration program creates more accountability from the property owner to manage their guests effectively, than a standard business license would. NEXT STEPS: The April 12, 2022 Work Session was designed to progress towards goals in the 2021 Community Housing Plan. Town Council can determine Next Steps by providing recommendations to: Page 5 of 6 • Fund a study or direct staff to determine a new fee structure for STR licensing • Conduct further research to evaluate distinctions within properties to determine viability of multi-tier approach to STR regulation • Establish a 2nd tier of Owner Occupied STRs and explore areas/projects to consider for Tier 2 STRs o Area/projects could be evaluated based on historic use, primary vs. secondary homeownership, location, character, and access to amenities COMMUNITY OUTREACH: Any proposed change to the STR regulations under Title 7 Development Code will require a formal Code Amendment process with public notice, review by the Avon Planning and Zoning Commission, and adoption of an ordinance by Council. Due to the sensitivity of impacting property rights, Staff recommends that any change to the Development Code should include a mailed notice to all property owners who would be effected by the change. STAFF RECOMMENDATION: In considering Avon’s goals and objectives, I recommend that Town Council evaluate existing STR regulation strategies and consider revised STR regulations to the Town’s interest in housing with property owner expectations and the benefits of the Town’s accommodations base . Specific recommendations include: Page 6 of 6 1. Staff to continue compiling data on existing STRs, including determining an accurate count of all residential units which are current operated as an STR. 2. Direct Staff to prepare a study to support a fee structure that better mitigates the impacts of STRs. 3. Create a list of criteria for properties in Avon’s core which are more oriented towards accommodations and short-term rental visitor use (i.e. front desk, proximity to commercial core and amenities, existing percentage of STR units for that property, and luxury cost) and compare properties to that list. 4. Propose regulations that would allow a 2nd tier of Owner Occupied STRs and explore areas/projects to consider for Tier 2 STRs. Area/projects could be evaluated based on historic use, primary vs. secondary homeownership, location, character, and access to amenities. 5. Propose updates to general regulations for STRs (i.e. accessible management, parking, minimum guidance for visitors). TOWN MANAGER RECOMMENDATION: I concur with all the Staff recommendations above. EPS has stated that they can conduct an impact analysis of STRs to establish a proposed fee on STRs. Other communities have conducted similar studies which have support fees in the range of $1,000 to $2,000 per STR. EPS provided a rough quote of $40,000 for this study. In the alternative, I can work with Finance Dept and Town Attorney to review other studies and propose an STR fee for Council consideration. Additionally, I recommend that Staff proceed with proposing the 2nd Tier of Owner Occupied STRs as described above as well as prepare updates to STR minimum management and operation requirements. Thank you, Max ATTACHMENT A: CAST STR Ordinance Matrix City Primary Residence Allowed Non-Primary Residence Allowed Which Taxes Required Tax Collected: By municipality or listing agency License Required Neighbor Notification Concentration Limit Zoning Limitations Fees Aspen Yes Yes, but Deed Resticted affordable/employee units are prohibited in being used as STRs Sales (2.4%) Lodging (2.0%) + state and county The property owner is the liable party for the tax. Any property management company or other intermediary can pay the tax on behalf of the owner. Yes, a short-term vacation rental permit is required to acknowledge safety requirements and other responsibilities of the property. An annually renewable Business License also required. No No No Annual business license fee of $150. Vacatoin Rental Permit is free. Avon yes yes 4% sales tax, 4% accommodation tax yes yes, non-transferrable no no Short Term Overlay Districts - primarily town core Annual Business License fee is $75. Basalt yes May only be rented on a short-term basis with the primary residence 4% Lodging + 8.2 % sales (Eagle County) and 9.3 % sales (Pitkin County) Muniipality yes, annually renewable no no on single-family, max. of 6 short-term rental allowed in multi-family buildings no $35 annually, plus a $150 safety inspecation charge on initial license Beaver Creek Resort Co.no yes yes by BCRC yes, annual Business License no no no $200 annually Blue River yes yes 2.5% Town Sales tax 3.4% Lodging Tax Municipality yes, non-transferrable no No no $200 first time; $150 annually Breckenridge yes yes 2.5% Sales Tax, 3.4% Accommodation Tax Municipality and online platforms yes, non-transferrable no no none- unless deed restricted workforce housing, then prohibited BOLT: $75 - $175 annually/Admin Fee: $25-$150 annually Crested Butte Yes Yes 4.5% Lodging Sales Tax & 5% Vacation Rental Excise Tax The excise tax collected is used to fund affordable housing projects. The Property owner or authorized agent is responsible for collecting and remitting taxes through the Town's on-line licensing and sales tax software program. Vacation Rental License & Town of Crested Butte Business License are both required Yes, 100ft radius No. The number of unlimited vacation rental licenses is limited to 30% of the total number of freemarket residential units in town located in the permitted zone districts. Currently 213 unlimited vacation rental licenses can be issued. Yes. Restricted to permitted zones. Not allowed in deed restricted housing or accessory dwelling units that are required to be long term rentals. Unlimited Vacation Rental License fee:$750/year. Primary Residence License fee: $200/year with a maximum of 60 nights of rental per year Denver yes no lodging tax: 10.75% occupational privilege tax: $4/month business personal property tax and/or sales tax if applicable AirBnB collects for their listings. Taxes remitted directly to the City in other cases. yes, lodger's tax id license and non-transferrable business license required no no Yes. Allowed wherever residential uses are permitted, but additional limitations apply. See sections 11.7.1, 11.8.10, and 11.12.7.7 of the Denver Zoning Code. Lodger’s Tax License - $50 biannually Business License application fee - $25 upon application Business License - $25 annually Dillon Yes Yes yes State collected sales tax but lodgiing tax remitted to Town yes, renew annually no no no $50 annually Short-Term Rental Ordinance Matrix-April 2021 Attachment One: CAST Short-Term Rental Ordinance Matrix - April 2021 City Primary Residence Allowed Non-Primary Residence Allowed Which Taxes Required Tax Collected: By municipality or listing agency License Required Neighbor Notification Concentration Limit Zoning Limitations Fees Durango yes yes 3.5% City sales tax and a 2% lodger’s tax AirBnB collects for their listings. Taxes remitted directly to the City by owner/manager in other cases. yes, non-transferrable yes, 300 foot radius Yes. Limits are included by zone, block face, or by development depending on the location. Yes. Permitted in 2 of 6 single-family zones and in all 3 mixed use zones. Recent code amendments have eliminated the use from multifamily zones. $750 first time and annual business license fees of approx. $100 Estes Park no yes state, county, town and lodging Taxes collected by the State and remitted to yes yes no yes, a limit on the number of residentially zoned properties. No limit on commercially $200 base fee plus $50 per bedroom for properties inside Town limits Fraser yes yes sales & lodging do not self collect registration no no no $150 Frisco yes yes yes Municipality yes no none no $125 STR License application fee Glenwood Springs yes yes 3.7% sales & 2.5% lodging Air BnB/VRBO collecting the taxes thru state system. STR owners must report this information to City. Yes,2 types available Short Term Rental (STR) and Accessory Tourist Rental (ATR) STR - yes all neighbors within 250 feet. ATR - no 250' distance between STR permit, citywide cap No unless prohibited by PUD STR new $500, renew $300 ATR new $300, renew $150 Grand Lake yes yes yes Listing Agency yes, renewable annually yes no no $600 Annually Mt. Crested Butte Yes Yes County, state and Town sales tax, plus 4% local marketing district tax and 2.9% excise Yes, Short Term Rental License and PillowTax License No No No $200, plus pillow tax - $10 per person the unit sleeps Salida yes yes Occupational Lodging tax, $3.66/ night. Municipality yes, non-transferrable no Capped at 75 and 1 per block in the Residential/Industrial areas Capped at 75 in Residential/Industrial. No cap for Commercial District $470 New Residential/Industrial License, $270 for New Commercial License, $270 after first year for both types Silverthorne yes yes 2% sales & 2% lodging tax. Annual STR license. Owners are responsible for collection/remittance of taxes. VCA with Airbnb & Vrbo Sales & lodging tax due monthly to the Town of Silverthorne Yes. Non-transferable, renews annually on Dec. 1. Only in case of duplex No.No.Tiered fee: Studio $100 , 1 BR $150, 2BR $200, 3BR $250 4BR+ $300 Snowmass Village Yes Yes 3.5% sales tax and a 2.4% lodging tax AirBnB and VRBO collect for their listings. Taxes remitted directly to the City in other cases. yes, non-transferrable No No No No City Primary Residence Allowed Non-Primary Residence Allowed Which Taxes Required Tax Collected: By municipality or listing agency License Required Neighbor Notification Concentration Limit Zoning Limitations Fees Steamboat Springs yes yes Yes (Sales & Lodging) AirBnB and VRBO collect for their listings. Taxes remitted directly to the City in other cases. Sales Tax License Required; VHR permit required for single family homes and duplexes in most zone districts yes for VHR permits no no $50 Sales Tax Fee (one time); $500 VHR permit fee, $75 annual renewal fee Telluride yes yes 4.5% Town Sales Tax 2.5% Town Affordable Housing Excise Tax 2.5% (collected from Prop. Owner or representative / booking agency remits taxes yes no no yes, restrictions in residential zone $165 base fee plus $22 per bedroom Vail Yes Yes Yes sales/lodging Airbnb/VRBO/Property Manager collects for their listings. Taxes remitted directly to the town in other cases. yes Effective 3/1/19 STR Registration required per unit. Yes, for Duplex neighbor only; proof of notification required No No tiered fee structure-- $150 per unit for unmanaged properties, $10 per unit for managed units, $5 per unit for condotel managed units (24x7 front desk) Winter Park yes yes yes Municipality yes, non-transferrable no no no Annual business license fee of $60 Counties Eagle County No county-wide restriction; short- term rentals not allowed in price- capped deed- restricted units No county wide restriction If assessors's office is aware a unit is a rental, it is taxed as such No, counties can not inititate business licenses No county wide restriction No county wide restriction No county wide restriction none Summit County yes yes All short term property rentals (less than 30 days) are subject to the sales tax, mass transit and affordable housing tax. A sales tax license is obtained from the State because the State of Colorado Department of Revenue collects these taxes. Personal property tax is also collected by the County Assessor on residential rental furnishings. Sales tax is collected through the State; Personal property tax on short term rental properties is assessed and collected by the County Assessor's office. A short-term vacation rental permit is required through the County Planning Department as no business licenses were authorized by the State in unincorporated areas, so the use is regulated through a land use permit. REcent legislative changes now allow STR business licenses and Summit County is reviewing a change to or the addition of a license. A sales tax license is required through the State of Colorado. A personal property tax declaration form must be sumitted to the County Assessor. Notice is sent to neighbors only in cases where changes are proposed to the exterior of the property or building. no Zoning regulations are included in Section 3821 of the Summit County Land Use and Development Code, and include requirements for permitting, responsible agent, health & safety standards, parking, trash, noise, pets, signage, advertising, and complaints and enforcement. Not permitted in deed restricted workforce housing units, and in certain PUDs that expressly prohibit the use. Initial permit - $150; Annual renewal - $75 Administrative Conditional Use Permit (CUP) required for higher occupancy and parking requests Initial CUP fee - $350 (this is the full fee charged; not charged both the STR permit fee and the CUP fee); Annual CUP renewal - $75 City Primary Residence Allowed Non-Primary Residence Allowed Which Taxes Required Tax Collected: By municipality or listing agency License Required Neighbor Notification Concentration Limit Zoning Limitations Fees Out-of-state Agences Park City, UT yes yes Summit County TRT 3.00; Outdoor Rec TRT.32; Park City TRT1.00; Park City Sales Tax 1.00;Summit County Sales.25; Utah Sales4.85; Summit Cty. Transpo.30;Mass Transit.25;Resort Comm. Tax 1.60. Total 12.57 state and AirBnB yes, non-transferrable, annual business license yes, in cases of duplexes or if shared common areas/hallways exist between or within a building no yes, only allowed in certain zones or with CUP's in certain zones $149.00 Admin Fee, $28.74 per bedroom fee, $17.00 Yearly renewal admin fee plus $28.74/bedroom Jackson, WY yes yes yes Collected by state and by AirBnB yes , a permit Yes, to neighbors within 300 ft. no yes, only allowed within the Lodging Overlay District or the Snow King Resort District yes, $100 for each residential short- term unit being permitted Ketchum, ID yes yes yes As of Jan '18 tax collected by listing agency and remitted to City yes, business license no no No, State Legislature pre-empted local control of STR's no Moab, UT no no yes County and Airbnb Yes, for each property owner no no yes, only allowed in certain commercial zones Business license fee - $45 plus $4 per room Whistler, BC no Depends on zoning. Provincial Sales Tax: 8% of listing price including any cleaning fees for reservations 26 nights and shorter in the Province of BC. Municipal and Regional District Tax: 2–3% of the listing price including any cleaning fees for reservations 26 nights and shorter in the Province of British Columbia Province and "Airbnb" yes no no Only allowed in "tourist accommodation" zoned properties. Business lixense fee City Occupancy Requirement Require a “local responsible party” to take complaints? Mandatory response time for the responsible party to address the complaint? Utilize a 24 hour call center for complaints? Compliance Efforts? (Compliance monitoring company, municipal staff, software, other) Weblink to STR ordinace/regulations Number of listings (Approx.) Other Aspen No Yes Yes - local representative is to be "on call" per the municipal code. No MuniRevs, Staff - Finance and Community Development Departments https://library.municode.com/co/aspen/code s/municipal_code?nodeId=TIT26LAUSRE_PT5 00SURE_CH26.575MISURE_S26.575.220VARE https://www.cityofaspen.com/1331/Lodging- Tax-Vacation-Rentals 1300 (750 active, 550 inactive) Avon none No No No MuniRevs http://www.avon.org/str 295 Basalt none Not permitted in employee housing units, Requires local representative Beaver Creek no Yes 30 days No We are utilizing Host Compliance to find owners renting on their own who have not paid appropriate tax/assessment 1200 BCRC collects 5.35% Civic Assessment and .0096% Lodging Assessment for all STR Blue River 2 people per bedroom plus two. Beddroom and septic/sewer verification required No No No No https://townofblueriver.colorado.gov/lo dging/short-term-rentals 145 Posting requirements at rentals and sef-certification required. Breckenridge Yes. Limited to 2 people per bedroom plus 4 for the entire property Yes 60 minutes Yes, LodgingRevs 970-423- 5334 Yes, LodgingRevs www.townofbreckenridge.com/shortter m 3838 All properties - Special Conditions of License/BOLT License -Location Card posting requirement/Advertisement Requirements Crested Butte 2 people per bedroom plus an additional 2 people for the unit with a maximum occupancy of 10 people. Occupancy over 10 people requires an additional parking space be provided on site for every four additional people or part thereof. Yes 1 Hour No. Complaints can be lodged via phone or email to the Vacation Rental Inspector at Town Hall Short Term Rental Helper generates a monthly list of non compliant properties based on our list of licensed properties. https://www.crestedbutte- co.gov/index.asp?SEC=0DA56E89- 36E1-4A3A-8001- 5F16483DEFCD&Type=B_BASIC 209 unlimited licences. 17 primary residence licenses Site safety inspection and on-site parking verification required. Denver No maximum number of guests per night. No simultaneous rental to more than one party under separate contracts. Yes. LRP must be in City and County of Denver during the entire length of the STR period, must have access to the licensed premises, and must be authorized to make decisions regarding the licensed premises. No Yes. Complaints may be filed at any time by calling 311; however, response will likely only come during business hours (except for emergency situations Host Compliance, 1 full-time Compliance Manager, 4 employees who assist with STR compliance matters part time, STR Advisory Committee to guide policy changes STR Business Licensing Homepage 3773 active listings, 2556 active licenses Dillon no yes no yes yes, STR Helper yes, https://www.townofdillon.com/business- resources/dillon-short-term-rental-str 113 requires license number in ads, must submit parking and trash/reclycing plans City Occupancy Requirement Require a “local responsible party” to take complaints? Mandatory response time for the responsible party to address the complaint? Utilize a 24 hour call center for complaints? Compliance Efforts? (Compliance monitoring company, municipal staff, software, other) Weblink to STR ordinace/regulations Number of listings (Approx.) Other Durango Determined by parking or # of bedrooms at the property. Yes No No LodgingRevs http://online.encodeplus.com/regs/dur ango-co/doc-viewer.aspx#secid-273 125 permitted short term rentals Updated regulations adopted in December 2020 which further restrict this use based on zoning. For existing and new mixed use developments, language that specifically allows STRs and caps the total number of units allowed for this use must be included in a prior land use approval. Estes Park 2 per bedroom, plus 2 up to 8 total Yes 30 Minutes (School District boundary) Yes LodgingRevs www.estes.org/businesslicensing 322 residential and 152 commercially New regulations were adopted December 2016 and modified in March 2017. Additional modifications Fraser no yes one hour 120 Program implementation late 2017 Frisco 2/BR plus 4, with option to apply for more upon inspection No, "responsible agent" 24/7 with no local requirement No Not yet, but coming summer of 2019 STR Helper Updated materials should be available by 4/1/19 900 New ordinance passed 1/8/19; New annual STR license term of 5/1-4/30; First STR license issued 5/1/2019 Glenwood Springs STR based on inspection ATR is one bedroom, 2 guests Yes, residing within 30 miles/minutes No No Staff https://www.ci.glenwood- springs.co.us/333/Vacation-Rentals 104 active permits, approximately 90 active listings It is a condition for renewal that owners show they remitted lodging tax – showing they are actually utilizing the permits. Grand Lake none yes 15 min no STR Helper Mt. Crested Butte No Yes Yes Yes Host Compliance https://mtcrestedbuttecolorado.us/verti cal/sites/%7B36467D9E-CDA6-4739- 95F2- EF9DEBC7DA37%7D/uploads/Ordina nce_9_Series_2019.pdf 600 Salida, CO None Require local management no no LodgingRevs https://library.municode.com/co/salida/ codes/code_of_ordinances?nodeId=C H6BULIRE_ARTVISHRMBULI 200 Silverthorne Max advertised occupancy = 2/Bedroom + 2 Yes 7am -11pm (60 minutes) 11pm -7am (30 minutes) Yes Yes. LodgingRevs https://www.silverthorne.org/town- services/finance-administrative- services/business-liquor-licenses 100 STR license is required to be posted in online ads. Good Neighbor Guidelines must be posted prominently in rental property. STR license is required to be visibly displayed in rental property (address, license #, property owner name & contact info for responsible agent). STR prohibited in deed restricted & workforce housing units. Snowmass Village Yes, under the building code no no no no 800 units. This does not include hotel rooms Not permitted in employee housing units without prior approval. City Occupancy Requirement Require a “local responsible party” to take complaints? Mandatory response time for the responsible party to address the complaint? Utilize a 24 hour call center for complaints? Compliance Efforts? (Compliance monitoring company, municipal staff, software, other) Weblink to STR ordinace/regulations Number of listings (Approx.) Other Steamboat Springs 1 per 200 sf; max 16 no no no no CDC Section 302.E.4 (http://steamboatsprings.net/246/Com munity-Development-Code) 171 active permits. Approx 2386 listings in area. We only require a VHR permit for single family and duplex units OUTSIDE of the resort area (RR and G) zone districts. Multiple family units and all units in RR and G are allowed by right. Telluride none yes no no yes https://www.telluride- co.gov/DocumentCenter/View/260/sho rt-term-rental-regs 723 Restrictions in Residential Zone : no more than 3 rentals per year, w aggregate not to exceed 29 days; implemented in 2011 Vail Two per bedroom, plus two. Yes - Local contact within 60 minute distance required; Evidenced by copy of driver's license 60 min response time unless between 11pm and 7am, then 30 minute response time Yes LODGINGRevs, one full-time municipal employee monitors listings, registrations and complaints https://www.vailgov.com/short-term- rentals 2500 Notorized affidavit required as part of the application for acknowledgement of life safety, noise, trash and parking regulations Winter Park none no no no LodgingRevs no 349 We require a business license. We have contracted with LodgingRev's that tracks various sites for rentals that have not obtained a business license. The Town does not have other limits or restrictions for short term rentals excluding any regular zoning restrictions. Counties Eagle County Eagle County Land use codes state no more than one person per every 300 square feet; this limit is not enforced No county wide restriction Summit County 2 persons per bedroom plus 4 additional occupants, or 1 person per 200 square feet of living area, whichever allows for a greater occupancy. Max occupancy 19; can apply for a CUP to request 20 or more occupants. Condominium buildings with interior egress corridors less than 44 inches wide and without a sprinkler system are further limited to 2 persons per bedroom plus 2 additional occupants, or 1 person per 200 square feet of living area, whichever allows for a greater occupancy. Responsible agent required. Local residency not required for the agent. Responsible agent must be available 24 hours per day, 7 days per week, and must respond to complaints within 1 hour. yes, required to respond within 1 hour yes, Host Compliance 24- hour call center is utilized yes, Host Compliance and Planning Dept staff www.SummitCountyCO.gov/STR as of 3-24-21: 3,767 active permits; 6,282 active registered listings. Note 450 new STR permit applications under review. County STR regulations were adopted 12/18/18; Currently contracted with Host Compliance for permitting system and complaint management system City Occupancy Requirement Require a “local responsible party” to take complaints? Mandatory response time for the responsible party to address the complaint? Utilize a 24 hour call center for complaints? Compliance Efforts? (Compliance monitoring company, municipal staff, software, other) Weblink to STR ordinace/regulations Number of listings (Approx.) Other Out-of-state Agencies Park City, UT Yes, 75 sq. ft per bedroom, at least 50sq ft of floor space per occupant (if more than 1) yes no no monitoring with 3rd party that verifies internet listings www.parkciy.org/MunicipalCode 3500 listings. 2000 licensed Site visit and safety inspection prior to application Jackson, WY Limited to less than one calendar month no no yes Host Compliance yes 164 Ketchum, ID Max 30 days/guest no Moab, UT no no no no no https://moab.municipal.codes/Code/5. 67.010 Not permitted in any residential zones. Only permitted in certain commercial zones. Building, fire, health and zoning inspections required for short- term rentals permitted in commercial zones. Whistler, BC no no no no Municipal staff, software, bylaw enforcement https://www.whistler.ca/sites/default/fil es/2019/Nov/bylaws/original/23992/21 42_tourist_accommodation_business_ regulation_bylaw_no._2142.pdf 1000+ 970-748-4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, AICP, Planning Director RE: Northside Kitchen License Agreement Extension DATE: March 29, 2022 SUMMARY: The Town Council is asked to extend an agreement with the Northside Kitchen owner, Millsmore, LLC. The agreement is for continued use with private improvements, of Town property identified as Lot 4 Buck Creek PUD, and Swift Gulch Right-of-Way. The improvements include paved parking, landscaping, and a dumpster enclosure. The agreement is set to expire in May, and the extension request for an additional five (5) year time period. BACKGROUND: Lot 4, Buck Creek is a small orphan parcel the Town took ownership of in 2009 as part of a PUD Amendment for the Buck Creek PUD, which includes Walking Mountains, Buck Creek Medical, and the Police/Fire property. In 2012 the Town of Avon and Millsmore, LLC entered into an agreement to allow the construction of improvements between the Northside Coffee and Kitchen building and Swift Gulch Road. Since that time the property has been utilized for parking, trash enclosure. The landscaping improvements have been maintained in a satisfactory condition. Landscaping Improvements In 2017 the Avon Town Council approved a five (5) year extension to the original agreement, which expanded the scope and permitted the construction of a crosswalk and light fixtures for pedestrians crossing Nottingham Road. Those improvements are now maintained by the Town. Lastly, t he trash enclosure was upgraded in 2021 to comply with the Wildlife Protection Ordinance. RECOMMENDED MOTION: “I move to approve the Encroachment Agreement extension for Northside Coffee and Kitchen.” Thank you, Matt ATTACHMENT: A – Encroachment Agreement Page 1 of 6 LICENSE TO ENCROACH THIS LICENSE TO ENCROACH (the “Agreement”) by and between the TOWN OF AVON, COLORADO, a municipal home rule corporation and political subdivision of the State of Colorado (the “Town”) and MILLSMORE, LLC, a Colorado limited liability company (the “Licensee”). Town and Licensee may be referred to individually as a Party or collectively as the Parties. This Agreement is effective as of the Effective Date indicated below. 1.0 RECITALS AND PURPOSE. 1.1. The Town is the owner of certain real property described as Lot 4, Buck Creek PUD and Subdivision located in the Town of Avon, Eagle County, Colorado, commonly known as Eagle County Assessor Parcel No. 2105-014-04-001 (“Town Property”), as depicted on Exhibit A. The Town is the owner of the right-of-way on Swift Gulch Road, including that area between the right-of-way and the Town Property, as depicted on Exhibit A (“Right- of-Way”). 1.2. The Licensee is the owner of certain real property described as Lot 67, Block 1, Benchmark at Beaver Creek Subdivision (“Licensee Property”). 1.3. Certain improvements to the Licensee Property consisting of a paved parking lot with approximately 6 parking spaces, landscaping, retaining walls, light fixtures (if any), and a dumpster enclosure (the “Improvements”) encroach upon the Town Property, as depicted on Exhibit A. 1.4. The Town desires to grant the Licensee a license to encroach as further described in this Agreement because the Town finds that the Improvements on the Town Property provide benefits and value to the Town that equal or exceed the cost to the Town to provide the Licensee use of the Town Property. 1.5. This Agreement replaces entirely and supersedes all prior agreements between the Parties related to Licensee’s use of the Town Property provided that nothing in this agreement shall waive or modify any obligation to seek building permits, variances, or other approval necessary to meet 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 any applicable provisions in the Avon Municipal Code. 2.0 AGREEMENT. 2.1. The Town hereby grants to the Licensee a temporary revocable license for the encroachment and occupation of the Improvements on the Town Property (the “License”), as depicted on Exhibit A; provided, however, that nothing in this Agreement is intended to waive, alter, modify, or permit any violation of any local law applicable within the Town of Avon. To the extent that the location or other specifications of this License or any exhibit conflicts with local laws, the local law shall govern. Except for the Improvements, no other encroachment, structure, Attachment A Page 2 of 6 improvement, vehicle, fence, wall, landscaping, or any other real or personal property shall be erected, installed, constructed, parked, stored, kept, or maintained in any way or fashion on the Town Property, including but not limited to storage sheds, carports, playground equipment, motor vehicles, snowmobiles or other recreational equipment, without express written consent from the Town. 2.2. The License shall have a term of 5 years from the Effective Date of this Agreement (the “Term”) and shall automatically terminate upon expiration of the Term unless sooner terminated. . Notwithstanding the foregoing, the Town may terminate this Agreement at any time if the Town Council, following a duly noticed public hearing, makes a legislative determination that removal of the Improvements is necessary to protect the public health, safety, or welfare of the Avon community. At such time as the Town Council makes a determination that removal of the Improvements is necessary, the Town Council shall also make a legislative determination regarding the reasonable period of time within which the Improvements must be removed. Except in the case of a public safety emergency or where a shorter period of time is justified due to the nature of the Improvements, the Licensee shall customarily not be required to remove the Improvements within less than thirty (30) days of notice to the Licensee. The Town may also terminate this Agreement at any time in the case of a declaration by the Town Council for the Town of Avon that a public safety emergency exists by giving written notice to the Licensee five (5) days in advance of the effective date of termination. 2.3. 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 connection 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. In 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, firm, 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 and encroachment permitted by this Agreement constitutes a dangerous and/or unsafe condition within a public right-of-way. 2.4. The Licensee agrees that it will never institute any action or suit at law or in equity against the Town or any of its officers or employees, nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, or compensation for or on account of any damages, loss, or injury either to person or property, or both, known or unknown, past, present or future, arising as a result of or form the revocable license granted to the Licensee by this Agreement. This provision includes but is not limited to claims relating to road maintenance, snow removal or other public works activities performed by or on behalf of the Town. 2.5. The Licensee agrees to construct, maintain, and repair the Improvements placed or located on the Town Property by the Licensee or its lessees, agents, employees, Page 3 of 6 or other persons under the control or direction of the Licensee pursuant to this Agreement at the cost and expense of the Licensee and at no cost or expense to the Town. The Licensee agrees to remove or cover graffiti or other damage caused to the improvement(s) within a reasonable time following notice or knowledge of such damage or within forty-eight (48) hours of delivery to the Licensee of a written demand by the Town, whichever is earlier. The Licensee shall not erect, cause to be erected or permit the erection of any sign, advertising object, or illustration upon any improvement, structure, fence, or wall placed or located by the Town Property pursuant to this Agreement and shall promptly remove any such sign or advertising. 2.6. The Licensee agrees to maintain the landscaping in a healthy condition at all times and shall be responsible for ensuring the proper pruning or replacement as necessary to present a healthy landscape condition. Upon termination of this Agreement, the Licensee may be required to relocate trees and shrubs planted on the Town Property and Right-of-Way in order to comply with the previously approved landscape plan for the Licensee Property. 2.7. The Licensee agrees to relocate the dumpster enclosure from the Town Property onto the Licensee Property upon termination of this Agreement in order to comply with the previously approved site development plan. 2.8. 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. 2.9. The Licensee agrees to repair and reconstruct any damage to the Town Property upon termination of this Agreement or removal of the Improvements and any other improvements erected by the Licensee on the Town Property, and the Licensee shall return the Town Property to its original condition at the cost and expense of the Licensee and at no cost or expense to the Town. In the event that Licensee does not remove the Improvements and repair and restore Town Property to the condition prior to this Agreement within the time period provided in this Agreement, then Licensee shall be deemed to have abandoned the Improvements and any rights thereto and the Town may proceed to remove the Improvements. 2.10. The Licensee agrees to procure and maintain, at its own cost, a policy or policies of insurance protecting against injury, damage or loss occurring on the licensed premises in the minimum amount of $600,000.00 per occurrence. Such policy or policies shall name the Town as an “additional insured”. However, the Licensee’s failure to take such steps to insure the premises shall not waive, affect, or impair any obligation of the Licensee to indemnify or hold the Town harmless in accordance with this Agreement. 2.11. The Licensee shall be deemed to have intentionally and irrevocably abandoned and relinquished rights and interest in the Improvements in the event that the Licensee conveys all the Licensee’s interest in the property or properties obtaining access or receiving benefit from the improvements and encroachments described in this Agreement. The Town shall be entitled to rely upon the public records of ownership maintained by the office of either the Eagle County Clerk and Recorder or the Eagle County Assessor in rendering a determination that the Licensee has Page 4 of 6 abandoned and relinquished the Licensee’s rights and interests as provided by this paragraph. In such event, the Town may remove and demolish such improvements without notice to the Licensee. 3.0 ASSIGNMENT. 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 or interests 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. 4.0 GOVERNMENTAL IMMUNITY. Nothing herein shall be interpreted as a waiver of governmental immunity, to which the Town would otherwise be entitled under Section 24- 10-101, et seq., C.R.S., as amended. 5.0 NOTICES. 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 personally served or if sent by certified mail or registered mail, postage and fees prepaid to the addresses below, 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 United States Mail. To the Town: Town of Avon c/o Matt Pielsticker, Planning Director 100 Mikaela Way P.O. Box 975 Avon, CO 81620 To the Licensee: Millsmore, LLC c/o James Pavelich PO Box 99 Vail, CO 81658 6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Invalidation of the Agreement in its entirety shall revoke any authorization, whether explicit or implied to the continuing use and occupancy of the Town Property for the Improvements. 7.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado. 8.0 WAIVER OF BREACH. 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. Page 5 of 6 9.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. 10.0 UNDERLYING INTENT AND SCOPE. 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 and encroachment permitted by this Agreement and that, in all instances, the risk of loss, liability, obligation, damages, and claims associated with the encroachment shall be borne 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. 11.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are expressly authorized to execute this Agreement on behalf of the Parties and to bind their respective Parties and that the Parties may rely upon such representation of authority. 12.0 ATTORNEY’S FEES AND COSTS. In the event the Town seeks legal action to enforce any portion of this Agreement or to recover reimbursement costs for removal of private improvements from, repair of any damages, and/or restoration of Town property subject to this Agreement, Town shall be entitled to recover all of its attorney’s fees and costs from Licensee. [SIGNATURE PAGE FOLLOWS] Page 6 of 6 EFFECTIVE AND DATED THIS ______ DAY OF APRIL, 2022. TOWN OF AVON: By: ________________________________ Eric Heil, Town Manger ATTEST: Approved as to Form: _________________________________ ______________________________ Brenda Torres, Deputy Town Clerk Karl Hanlon, Town Attorney LICENSEE: By: _________________________________ James Pavelich Address: 20 Nottingham Road Avon, CO 81620___ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ________ day of ____________________, 20____, personally by _______________________________. ___________________________________ Notary Public (SEAL) Commission expires: _____________ • • • •• •• 0'10'20'30' Exhibit A: Improvements Page 1 of 1 TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Proposed increase in Wildridge Off Highway Vehicle speed limit from 15 miles per hour to 25 miles per hour DATE: April 12, 2022 SUMMARY: During the Town Council meeting on November 1, 2021, I provided an update to Town Council on off-highway vehicle (“OHV”) summer use following the implementation of the ordinance on June 24, 2021. During the update, Council received some community feedback with regard to the 15 mile per hour (MPH) speed limit enacted as part of the ordinance. OHV operators expressed their concern that the 15 MPH limit was causing potential safety issues. OHV users expressed their concerns that they cannot utilize the bike/walking designated portion of the roadway to pull over for vehicular traffic and as a result can impede the flow of traffic. Motor vehicle operators are overtaking OHV users and that overtaking can at times become a potential safety hazard for both the OHV users and the vehicle operators. Additionally, bicycle riders are overtaking OHV users. Council requested preparation of a proposed ordinance increase the speed limit for OHV’s to 25 MPH in Wildridge. BACKGROUND: The difference in speed limits for OHV and vehicular traffic has caused some concerns for some Wildridge residents/OHV users. When the ordinance was enacted, the 15 MPH limit mimicked the Town of Eagle OHV speed limit from their ordinance. In discussion with Chief J. Staufer with the Eagle Police Department, he stated that the Town of Eagle has experienced similar issues with their 15 MPH limit. Per Chief Staufer, the Town of Eagle is discussing a reassessment of their OHV code, to include the appropriateness of the 15 MPH speed limit. Chief Staufer is in favor of increasing their OHV speed limit above 15 MPH as “reasonable and prudent speed” denoted in the Town of Eagle ordinance. The majority of neighborhood streets in Eagle are 25-mph speed limits. Chief Staufer expressed a similar opinion allowing OHVs to operate at reasonable and prudent speeds mitigating risk as opposed to a slow-moving vehicle (i.e.,15 MPH); which may impede the flow and can force other drivers to speed up, while entering the opposite lane of traffic in order to pass the slow-moving vehicle. Town Attorney Karl Hanlon has prepared the attached proposed ordinance to increase the speed limit from 15 MPH to 25 MPH. The Town of Avon/ Avon Town Council received one email shortly after the November 1 meeting in support of the speed limit increase for OHV’s. PROPOSED MOTION: “I move to approve Ordinance No 22- Amending the Avon Municipal Code to Establish the Speed Limit for Off-Highway Vehicles on Wildridge Roads as 25 Miles Per Hour.” Thank you, Chief Greg Daly ATTACHMENT A: Ordinance No. 22-05 Ordinance 22-XX OHV Speed Limits Page 1 of 3 ORDINANCE 22-05 AMENDING SECTION 10.40.030 OF THE AVON MUNICIPAL CODE TO ESTABLIISH THE SPEED LIMIT FOR OFF-HIGHWAY VEHICLES ON WILDRIDGE ROAD AS 25 MILES PERHOUR WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and political subdivision of the State of Colorado (“State”) organized and existing under a home rule charter (“Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, § 6 of Art. XX, Colo. Const. authorizes home-rule cities and towns to regulate traffic speeds; and WHEREAS, § 42-4-111, C.R.S., does not prevent local authorities from regulating the speed of vehicles with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power; and WHEREAS, the Town Council of the Town of Avon finds that a maximum lawful speed of 25 miles per hour while operating an off-highway vehicle is reasonable and prudent; and WHEREAS, the Town Council of the Town of Avon finds that it is in the best interest of the Town of Avon to adopt an ordinance codifying a local amendment at Avon Municipal Code § 10.40.030 to increase the maximum lawful speed while operating an Off-Highway Vehicle from 15 miles per hour to 25 miles per hour so that the operation of Off-Highway Vehicles does not impede the flow of traffic; and WHEREAS, the Town Council of the Town of Avon finds and declares that the amendment to Section 10.40.030 as set forth in this Ordinance will promote the health, safety and general welfare of the Avon community; and WHEREAS, 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: ATTACHMENT A: Ord 22-05 OHV Speed Limit Ordinance 22-XX OHV Speed Limits Page 2 of 3 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Section 10.40.030. Section 10.40.030 is hereby amended to read as follows with strike-out indicating language to be deleted and underline indicating language to be adopted: 10.40.030 – Regulations concerning the operation of off-highway vehicles within the town. *** (c) No person shall operate an off-highway vehicle at a speed greater than is reasonable and prudent under the conditions than-existing then-existing, and in no event greater than 15 25 miles per hour. *** 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, ATTACHMENT A: Ord 22-05 OHV Speed Limit Ordinance 22-XX OHV Speed Limits Page 3 of 3 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. 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 April 12, 2022, and setting such public hearing for April 26, 2022, at 5:00 pm, or as soon thereafter as possible, at the Council Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk ADOPTED ON SECOND AND FINAL READING on April 26, 2022. BY: ATTEST: ____________________________ ______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk APPROVED AS TO FORM: ____________________________ Karl J. Hanlon, Town Attorney ATTACHMENT A: Ord 22-05 OHV Speed Limit 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Town Council members FROM: Eric Heil, Town Manager RE: Ord 22-06 Extending Renewable Energy Tax Credit DATE: April 6, 2022 SUMMARY: Ordinance No. 22-06 is presented to Council for first reading. Ord No. 22-06 would amend the Avon Municipal Code, Section 3.08.037 to extend the Renewable Energy Tax Credit for another three years. Council originally approved this Tax Credit in 2016 for three years with the passage of Ordinance No. 16-03. The Tax Credit was extended for an additional three years in 2018 by Ordinance No. 18-15. Ordinance No. 22-06 would extend this Tax Credit for an additional three years to December 31, 2024. POLICY: The Renewable Energy Tax Credit provides an incentive for the installation of renewable energy equipment, such as solar panels. This Tax Credit is consistent with the Town of Avon’s Comprehensive Plan and the goals of the Eagle County Climate Action Plan, which has been adopted by the Avon Town Council. Finance Department reports that the Town has not received any information on the use of this tax credit; however, the nature of the tax credit is that a purchaser or contractor in Avon is not required to pay the Town’s sales tax on equipment and is not required to report such purchase and the amount of credit taken. RECOMMENDATION: My recommendation is to extend this Tax Credit for another three years. PROPOSED MOTION: “I move to approve Ordinance No. 22-06 Amending Section 3.08.037 of the Avon Municipal Code to Extend a Temporary Sales Tax Credit for the Installation of Renewable Energy Production Components.” Thank you, Eric ATTACHMENT A – Ordinance No. 22-06 Extending Renewable Energy Tax Credit Ord 22-06 Extending Renewable Energy Tax Credit April 12, 2022 Page 1 of 3 ORDINANCE 22-06 AMENDING SECTION 3.08.037 OF THE AVON MUNICIPAL CODE TO EXTEND A TEMPORARY SALES TAX CREDIT FOR THE INSTALLATION OF RENEWABLE ENERGY PRODUCTION COMPONENTS 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 Avon Town Council (“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, Policy G.4.1 of the Town of Avon Comprehensive Plan states a community policy to “Incentivize renewable energy and building techniques which support the goals of the Climate Action Plan for the Eagle County Community.”; and WHEREAS, Council adopted the Eagle County Climate Action Plan which supports the WHEREAS, the Town Council finds that a temporary sales tax credit to provide an incentive to encourage the installation of renewable energy production components in Avon will promote a community goal to conserve environmental resources and will thereby 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 the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance. 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 Avon Municipal Code Section 3.08.037. Avon Municipal Code Section 3.08.037 Temporary tax credit for Renewable Energy Production Components is hereby amended, with strike out indicating words which are deleted and underline indicating words which are added, to read as follows: “3.08.037 Temporary Tax Credit for Renewable Energy Production Components. ATTACHMENT A: Ord 22-06 Extending Renewable Energy Tax Credit Ord 22-06 Extending Renewable Energy Tax Credit April 12, 2022 Page 2 of 3 Notwithstanding any other provision of this Chapter, there shall be granted a temporary sales tax credit to each person owing tax on the sale of components used in the production of electricity, generation of heat or cooling of air, from a renewable energy source, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary tax credit shall commence on May 12, 2016 the effective date of this ordinance and shall continue until December 31, 2021 2024 whereupon this temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change.” Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Non-severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid or enforceable, such invalidity or effect shall render the entire ordinance void and not effective, it being the intention of the Council that is this all provisions of this Ordinance are not severable and that Council would not have adopted this Ordinance if any provision of this Ordinance is invalid or not effective. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following 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. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] ATTACHMENT A: Ord 22-06 Extending Renewable Energy Tax Credit Ord 22-06 Extending Renewable Energy Tax Credit April 12, 2022 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 12, 2022, and setting such public hearing for April 26, 2022, at 5:00 pm, or as soon thereafter as possible, at the Council Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk ADOPTED ON SECOND AND FINAL READING on April 26, 2022. BY: ATTEST: ____________________________ ______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk APPROVED AS TO FORM: ____________________________ Karl J. Hanlon, Town Attorney ATTACHMENT A: Ord 22-06 Extending Renewable Energy Tax Credit Page 1 of 12 TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer RE: April 2022 Update on Capital Improvement Program DATE: April 7, 2022 SUMMARY: This memo provides Town Council an update on the current status of the 2022 Capital Improvements Program. RECREATION CENTER PROJECTS Concrete Pool Deck and Drain Replacement. Concrete pool deck and trench drain replacement is needed for both safety and cosmetic purposes. In several areas where settling of the concrete has occurred, often adjacent to trench drains, a lip of up to ½” is creating a tripping or toe stubbing hazard. Additionally, The HVAC duct work located under the deck in the pool area has deteriorated from water exposure and will need to be replaced. The 2022 Capital Improvements budget includes $50,000 to design the aquatics area repairs. 2022 Heating and Air Condition System Upgrades. The existing Recreation Center heating and air condition (HVAC) systems range from 12 to 26-years old and are ready for replacement and modernization. The modernization of the system will bring significant energy efficiencies and subsequent cost savings. The project will evaluate the following improvements to the system: • replace the computer operating with the same system utilized in Town Hall and the Public Safety Facility • repair the HVAC equipment communication network • connecting the building control system to the heat recovery system • The project will also develop a long-term plan to transition the building natural gas systems to renewable, electric systems A local engineering firm is in the process of preparing the bid documents in preparation for a fall installation. The project budget is $250,000. Page 2 of 12 HARRY A. NOTTINGHAM PARK PROJECTS Harry A. Nottingham Park West Courts Resurfacing Project. The 2022 CIP budget includes $1,307,670 to resurface the pickleball, tennis and basketball courts in Harry A. Nottingham Park. The project is currently under construction and will be completed in August. The new surface will be a post tensioned concrete pad, which will last 30+ years without significant cracking, and provides the best value and safest courts. Recent additions to project scope include security cameras, webcams, larger port-a-let pad and shed, new drinking fountain, 5 shaded benches and tennis practice wall. The budget will require and additional $100,000 that will be included in the April 26, 2022 budget amendment. PHOTO: WEST COURT CONSTRUCTION WITH SIGNAGE Page 3 of 12 Harry. A. Nottingham Park North Restrooms. Restrooms are proposed near the north parking lot, in the vicinity of the beach and volleyball courts. The facility is currently envisioned to be of similar size and design to the Playground Restrooms. Schematic design is complete and the project team is developing the bid documents. The current budget is $50,000 in 2021 and $450,000 in 2022. The project budget is a placeholder since the project has not been fully designed. Construction is scheduled to start in September 2022, after the summer season depending upon contractor availability. Rendering of Harry A. Nottingham Park North Restrooms Harry A. Nottingham Park, East Improvements. The project will redevelop the former Town Hall site. The project scope includes the following: • restrooms to serve special events, 41 stalls • plaza • relocation of electrical transformers and panels • parking lot reconstruction • undergrounding powerlines along railroad tracks • sustainable infrastructure including solar panels, green roof • seating wall • picnic area Project is currently in design phase and construction is planned to commence in late summer 2022. The current project budget is $2,800,000. Page 4 of 12 Rendering of Restrooms at Harry A. Nottingham Park East Improvements Harry A. Nottingham Park Pavilion Moisture Repair Project. The new moisture proofing system, concrete topping slab and removable safety railing have been installed. The project is complete and the contractor wrapping up punch list items delayed because of winter weather. Expenses are within the project budget of $425,600. Irrigation System Analysis. The Town’s non-potable irrigation system serves Harry A. Nottingham Park, Mall, and Avon Road. The system was originally constructed in the late 1970’s when the park was constructed and has been added onto and modified over the years. This is the first step in developing a plan to modernize the system. A consultant will be hired to analyze the system and recommend a program to modernize the irrigation system, creating energy and water efficiencies. The project budget is $50,000 and is scheduled to commence in the late summer. Page 5 of 12 STREET IMPROVEMENTS Metcalf Road Culvert Repair. A 30-Ft long section of a 7-FT diameter culvert underneath Metcalf Road collapsed in the vicinity of the northern Metcalf Lofts driveway. The culvert is 130-FT-long and is 25-FT below Metcalf Road. Utilities that serve Wildridge are located above the culvert including water, sewer, gas, electric, Comcast and Century Link. The combination of pipe depth and the presence of utilities makes the repair complex and costly. The project was scheduled to be completed in 2021 summer, but additional deterioration of the culvert required more to design and bid a different repair method. Work is currently scheduled to be completed in 2022. The Notice of Award to the general contractor with the budget and schedule will presented to Council in May. Location of Damaged Culvert under Metcalf Road Avon Road / I-70 Pedestrian Safety Improvements. The project improved safety for bicyclists and pedestrians traveling underneath I-70 at Avon Road. Project highlights include: • Detaching the sidewalk from Avon Road and rerouting it to the west side of the bridge columns • Removing concrete paving and replacing it with landscaping and rock • Constructing snow sheds to prevent snow and ice build-up on the sidewalk • Adjusting drainage to prevent snow melt from accumulating on the sidewalk The project was substantially completed in 2021. The landscaping and shelters will be completed in May, once temperatures are consistently warm enough. The shelter roof needs to be completed and painted black to match the other streetscape elements. The $1,098,245 budget will need to be increased by $50,000 to cover installation of pavers between the sidewalk and road and painting the shelters. Page 6 of 12 Digital Displays Two additional digital display signs (DDS) are recommended to be installed in 2022. A digital display will be located along West Beaver Creek Blvd, near the railroad crossing. A second DDS will be installed at the intersection of Nottingham Road and Swift Gulch Road. Both DDSs were reviewed last year by the Planning and Zoning Commission and were recommended for installation. There is currently $132,281 remaining the DDS budget for their installation which is estimated to be sufficient barring any unforeseen conditions. MAP: DIGITAL DISPLAY SIGN LOCATIONS Page 7 of 12 Fawcett Road Street Improvements. Fawcett Road connects Post Blvd. and Yoder Ave. and is located between Traer Creek Plaza and Wal-Mart. The road is due to be resurfaced as it was originally constructed in 2002 and has not been resurfaced. The project includes the following: • Asphalt overlay • Sidewalk repairs • American with Disability Act Ramp replacement • Replacement of concrete at bus pullout • Removal of 25-FT of median near Wal-Mart tire center The project budget is $375,000 and construction will occur in summer 2022. Outreach to local business will occur once a contractor is selected and there is a schedule. MAP: FAWCETT ROAD STREET IMPROVEMENTS Page 8 of 12 West Beaver Creek Blvd Street Improvements. West Beaver Creek Blvd from Avon Elementary School to Hwy 6 was last paved in 2004 and is due for major maintenance. This project will include the following elements: • Asphalt overlay • Sidewalk repairs and American Disabilities Act ramp upgrades • Water quality improvements • Digital display sign at railroad tracks • Bridge over Eagle River repairs including bridge surface • Pedestrian flashing beacons at Eagle Valley Trail Crossing Council directed Staff to raise the bridge railings. The bridge railing work will be procured separately because raising the bridge railings requires a structural engineer to evaluate the bridge concrete and railing attachment mechanism and the railing contractor will be a different contractor. The street improvement project will occur in late summer and the bridge railing project will occur this fall or spring 2023. The neighborhood, elementary school and businesses will be notified once a contractor is hired and develops a firm schedule. MAP: WEST BEAVER CREEK BLVD STREET IMPROVEMENTS Page 9 of 12 Flood Mitigation Improvements. We are working on the following mitigation strategies to reduce the impact of future large rainfall events: 1. The Town’s drainage infrastructure will be mapped this summer and catalogued using Geographic Information Systems software. This will allow staff to 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. The federal grant applications are due on November 1st. The Town will apply for grants to construct the regional mitigation measures. 5. Improvements are planned this year near 540 Nottingham Road to improve the existing sediment pond and channel. 6. I am negotiating with Beaver Bench Condominiums in install some local improvements to reduce the risk of flooding for the units impacted last year. The improvements will be installed this summer. There is $47,000 of $425,000 remaining in the capital budget. The budget will be increased to $600,000 to develop designs for the federal grant projects, construct the 540 Nottingham Road improvements and construct the Beaver Bench improvements. Wildfire Emergency Notification System. One emergency notification siren was installed at 5700 Wildridge Road East last summer. The initial testing indicated one siren is not adequate to provide warning to residents in Wildridge, Wildwood and Mountain Star. Four (4) additional sirens are recommended to be placed at O’Neil Spur Park, Saddleridge Apartments and Pocket Park, Wildwood public works facility and Mountain Star water tank. Upon completion of the public outreach process, the Engineering Team will procure the sirens, install the electrical infrastructure and install the sirens. Installation is scheduled to be completed in fall 2022 and the requested budget is $300,000. Public Works Master Planning. Public Works operations, Engineering and Facilities divisions need to be relocated in 375 Yoder Ave. to make room for future transit expansion. This project will develop space and staffing needs based on Town build-out and create a vision for the site to accommodate these departments. The Public Works Master Planning budget is $100,000 and will start in 2022. Page 10 of 12 Bus Shelters. Seven (7) bus shelters will be installed this summer at the following locations: • East Beaver Creek Blvd near 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. The bus shelters are in fabrication and will be delivered and installed in late summer 2022. The current budget is $270,000 and will be adjusted once the installation bids are received. PHOTO: Town of Avon Standard Bus Shelter MAP: BUS SHELTER LOCATIONS Page 11 of 12 Electric Vehicle Chargers. Six electric vehicle (EV) charger stations will be installed at the following locations: • 3 stations with 6 ports at south end of Lake Street • 2 stations with 4 ports at Town Hall • 1 station with 2 ports at Public Works facility, 500 Swift Gulch Road The EV chargers on Lake Street and Town Hall will be open to the public. The chargers will be Level 2 and can charge a vehicle for 25 miles/hour. The charger station installation will occur in June and July and the public chargers will be available free of charge in 2022. The project is partially funded with a $45,000 Charge Ahead Colorado Grant. MAP: ELECTRIC VEHICLE CHARGER LOCATIONS June Creek Emergency Access. The Wildridge Subdivsion only has one point of egress on Metcalf Road. A secondary emergency point of egress is proposed on the Forest Service Road from June Creek Road down to Singletree. The Community Development Department is currently obtaining the required Eagle County development approvals. Once they are obtained, the access will be improved to support motorized vehicles, only during emergency events. Building Access Control Upgrades. The regional transit facility, Fleet building, Pavilion, Parks Garage and Recreation Center are not on the centralized access control system that the Town Hall and Public Safety Facility are on. This project will add access control to these facilities and provide for centralized security for the Town’s facilities. The 2022 project budget is $70,000. ARTF Roof Repairs. The Avon Regional Transit Facility roof leaks and this project will repair the leaks. The budget is $90,000 and will be completed in early summer 2022. Page 12 of 12 ARTF Snow Protection, Northside. The northside of the Avon Regional Transit Facility accumulates significant ice and snow creating an ice hazard. This project will improve the roof overhangs over the building exits and improving the safety of exiting the facility from the north. The proposed project budget is $50,000 and will be completed in 2022. Office Furniture. New furniture is required for new staff positions and department re-organization. Also, new furniture for the Recreation Center lobby is recommended. The budget for the Recreation Center furniture is $35,000 and will be partially funded from the equipment replacement fund. The total furniture budget will be $55,000. AVON REGULAR MEETING MINUTES TUESDAY MARCH 22, 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 Liquor Authority meeting to order at 5:00 p.m. and the Council regular meeting to order at 5:09 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 in person were Mobility Manager Eva Wilson, Planning Director Matt Pielsticker, 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: 00:09:35 Mayor Smith Hymes removed item 9.1. Kayak Crossing Affordable Housing Property from the Executive Session and requested to also remove item 5.10. Resolution 22-04. Mayor Pro Tem Phillips moved to approve the agenda as amended. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:10:34 No conflicts of interest were disclosed. Mayor Smith Hymes acknowledged and congratulated a local resident, member of the CASE Committee, Thomas Walsh, who won a silver medal in the Paralympics in the giant slalom in Beijing. Mayor Pro Tem Phillips acknowledged the tragic and sad loss of a vibrant and engaging person of this community, Mr. Gary “Buzz” Busby. 4. PUBLIC COMMENT Video Start Time: 00:11:45 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. Steve Coyer, Avon resident, commented in person. He said he is running as a board member for the Eagle River Water & Sanitation District, District 3 board seat. He introduced himself and asked the public for their votes on the upcoming regular election on May 3rd and said to request an absentee ballot please visit the ERWSD website. Matt Donovan, Vail resident, commented in person. He presented his new business, Toss Box, which is a public trash compactor that is easy to use and takes credit cards. He said Avon could be the first municipality to have this new service. He mentioned the price for 3 kitchen size bags of trash is less than $5. He said for more information visit his website at tossbox.co. No virtual comments were made. AVON REGULAR MEETING MINUTES TUESDAY MARCH 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5. BUSINESS ITEMS 5.1. WORK SESSION: AVON PARKING MANAGEMENT PLAN (CHIEF MOBILITY OFFICER EVA WILSON) Video Start Time: 00:21:02 Chief Mobility Officer Eva Wilson presented the three parking management options and the two Recreation Center parking management options. Councilor Andrade said there is a risk charging for those spots as people do not want to pay and might not be used at all . Town Manager Eric Heil explained that if it is free parking with no hourly limits, no parking enforcement is needed; if free parking but hourly limits, parking enforcement would then be still needed; and if there is a limited amount of paid parking in that specific area, as staff is proposing tonight, sta ff will be able to learn from that , adjust and move forward. Mayor Pro Tem Phillips clarified that the old Town Hall is getting used but not filling up and said she does not see a danger of not having skiers filling up those spots if keeping that area free of charge . Councilor Prince said there is no doubt that it is very packed on Saturdays, but the Town is trying to solve a problem that happens only one day a week. Councilor Hardy clarified that the free parking for employees at the old Town Hall will be also free over the summer. Councilor Underwood said the messag ing needs to be clear that this specific area is not an employee parking lot, but a free parking lot , and be clear with the messaging o n the fees an d times in the other areas. Mayor Smith Hymes called for public comments and Julie Mackay, Avon resident, commented virtually. She said her concern is about the overflow on West Beaver Creek Boulevard with the snow piled up in the winter and requested to try to avoid having any kind of parking, including overflow, in there at least where the road gets very narrow road. Craig Lancaster, Avon resident, commented virtually. He supported the previous public comment and said he personally thinks that it will get busy, and people are not considerate to drivers. He said he has seen it and it happens more often than just one day a week. After a lengthy discussion, Council consensus for the Recreation Center parking was to do enforcement for patrons only and to not use West Beaver Creek Boulevard for overflow parking. Four Council members decided to move forward with option three, paid parking management on premium spaces. Parking management will be managed by the Mobility Department. Town Manager Eric Heil said staff will work on details and present a more refined costs proposal in the first budged amendment in April to try to have this in place for the 22 -23 ski season. Mayor Smith Hymes welcomed Charlotte Lin, who recently joined the staff as the Sustainability Coordinator. She was present in person and introduced herself to Co uncil. AVON REGULAR MEETING MINUTES TUESDAY MARCH 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 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) Video Start Time: 01:21:37 Planning Director Matt Pielsticker thanked Council for attending the site tour earlier today. Staff, the applicant, and members of the public were also present. Applicant Andrea McMillen joined the meeting in person and answered questions from Council on the fence, landscaping, roads, parking, and the deed restricted unit. Planning Director Matt Pielsticker presented a PPT presentation including the following updated staff proposed 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 wa rranty 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 S ubmittal, 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 a mount of $249,667 . Mayor Smith Hymes called for public comments and Buz Didier, Avon resident, commented in person. He asked what kind of deed restriction that unit is. Matt responded Eagle County employee only, no price cap. Bette Todd, Avon resident, commented in person. She complimented the developer for being cooperative and trying to meet all the requests that have been made. She mentioned she also talked to them, and they were very polite answering questions to a citizen. She said she assisted to the site tour today and wondered what happened with the snow storage. Councilor Underwood moved to approve Resolution 22-01 Approving a Preliminary Subdivision Application for Lot 3 and Lot 6, Mcgrady Acres Subdivision, with the conditions as set in the PPT presentation, not as in the packet. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 5.3. EMPLOYEE HOUSING MITIGATION P LAN FOR MCGRADY ACRES SUBDIVISION (PLANNING DIRECTOR MATT P IELSTICKER) Video Start Time: 01:58:47 Planning Director Matt Pielsticker said recommended conditions of approval include Town Attorney to approve deed restriction agreement, consistent with Mi Casa form agreement, and Deed restriction will be approved, and Deed Restriction recorded prior to the certificate of occupancy or temporary certificate of occupancy, whichever is earlier. AVON REGULAR MEETING MINUTES TUESDAY MARCH 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM The applicant Andrea McMillen and architect Warner Hopkins explained the layout design and answered questions from Council. Mayor Pro Tem asked about the size of the garage and said it would be delightful to have different finish packages. Councilor Underwood thanked Andrea for putting the employee unit on site. Councilor Hardy expressed her disagreement with the size of the living room for a $1.4 Million unit and she encouraged the applicant to redesign the staircase. Councilor Prince clarified there is no price cap in this unit. Mayor Smith Hymes said she would have preferred a price capped unit. Councilor Hardy said it is very disturbing to her that this is the second application that additional information is presented the day of the meeting, not giving them or the public the opportunity to review and now seeing this layout makes her re-evaluate if this the right solution. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Hardy moved to continue Employee Housing Mitigation Plan for McGrady Acres Subdivision to the April 12th meeting. Councilor Prince seconded the motion and the motion failed with a vote of 4 to 3. Councilor Thuon, Councilor Underwood, Mayor Pro Tem Phillips, and Mayor Smith Hymes voted no. Councilor Thuon moved to conditionally approve the Employee Housing Mitigation Plan as outlined in the staff report including Mayor Pro Tem Phillips's additions of a minimum of 1600 square feet, a one-car garage, two additional adjacent parking spots, and equitable HOA dues for a 2-bedroom/2- bath unit. Councilor Underwood seconded that motion but then Council discussion started. Mayor Pro Tem Phillips moved to end the debate, but the motion was not seconded, and Council discussion continued. The motion made by Councilor Thuon passed with a vote of 5 to 2. Councilor Hardy and Councilor Prince voted no. 5.4. ORDINANCE 22-04 CONSOLIDATION OF GENERAL GOVERNMENT , HUMAN R ESOURCES AND FINANCE DEPARTMENTS (TOWN MANAGER ERIC HEIL ) Video Start Time: 02:24:50 Town Manager Eric Heil presented and explained that the Deputy Town Manager position will oversee the General Government, Finance and H uman Resources departments. Councilor Underwood said the organizational chart Phase II needs to be more descriptive. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve first reading of Ordinance 22 -04 Amending Avon Municipal Code Section 2.02.010 – Departments Enumerated. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.5. PRATER LANE LICENSE AGREEMENT REQUEST (TOWN MANAGER ERIC HEIL) Video Start Time: 02:33:01 Town Manager Eric Heil presented and explained this request is to honor the current configuration of the playground that is situated on Town's property, and said the intent is to do AVON REGULAR MEETING MINUTES TUESDAY MARCH 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM the redesign and construction of the Main Street Pedestrian Mall in the next two years. He suggested to continue this item to the April 12 th meeting and schedule a site tour at 4:45 p.m. Councilor Underwood mentioned her mother was the fo under of the Prater Lane preschool. Councilor Thuon suggested a tree house. Councilor Hardy said she appreciates the preschool creates a liveliness, even just seeing the outdoor furniture. The owner Scott Tarbet joined virtually and mentioned there are 104 families in the waiting list. He said he will attend the site tour and would be happy to work with staff to reconfigure/redesign this area. Mayor Smith Hymes called for public comments and no public comments were made. 5.6. PUBLIC HEARING: SECOND READING OF ORDINANCE 22-03 AMENDING AVON MUNICIPAL CODE SECTION 15.08.160 REGARDING GRADING (TOWN ATTORNEY KARL HANLON) Video Start Time: 02:45:48 Mayor Smith Hymes requested a motion to continue this agenda item . Mayor Pro Tem Phillips moved to continue the public hearing for second reading of Ordinance 22-03 Amending Grading . Councilor Thuon seconded the motion and the motion passed with a vote of 7 to 0. 5.7. PROFESSIONAL DESIGN SERVICES CONTRACT FOR SWIFT GULCH HOUSING PROJECT (PLANNING DIRECTOR MATT P IELSTICKER) Video Start Time: 02:46:27 Planning Director Matt Pielsticker explained the proposal and he amended the recommended motion included in the packet. The project manager, Oscar Carlson, joined virtually and asked if the County is interested is still recommended to isolate building 4 as its own entity. Town Manager Eric Heil confirmed. Councilor Hardy asked if the entity assisting with building 4 will be paying for materials and costs, will they be renting from the Town, architectural and administrative fees, etc. She said she is in favor of moving forwards but suggested to pay attention to all these details. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Underwood moved to authorize execution of a Professional Services Agreement for the Swift Gulch Employee Housing Project with 2757 Design Co in the amount of $862,403 no to exceed that amount and designing buildings 1, 2, 3, and 4 of the Swift Gulch project. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 7 to 0. 5.8. NOTICE OF AWARD FOR BUS SHELTERS (ENGINEERING MANAGER JUSTIN HILDRETH) Video Start Time: 02:58:10 Engineering Manager Justin Hildreth presented and said staff recommends the approval of the seven locations proposed. Councilor Underwood said every bus stop in town deserves a shelter. Councilor Thuon requested a shelter at the bottom of Wildridge for the kids and asked to address this in a near future agenda. Mayor Pro Tem Phillips suggested to implement a “Park-and-ride” and a bus loop in Wildridge/Wildwood/Metcalf Road. Councilor Andrade supports the seven locations. Councilor Prince expressed his continued frustration that the Town is paying for the Piedmont stop. AVON REGULAR MEETING MINUTES TUESDAY MARCH 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Smith Hymes called for public comments and no public comments were made. Councilor Thuon moved 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. Councilor Hardy seconded the motion and the motion passed with a vote of 7 to 0. 5.9. WORK SESSION: EMERGENCY NOTIFICATION SYSTEM FOR THE NORTHERN HILLSIDE (PLANNING DIRECTOR MATT P IELSTICKER) Video Start Time: 03:05:45 Planning Director Matt Pielsticker presented a plan to install four additional sirens in the “northern hillside” communities, which include Wildridge, Wildwood, and Mountain Star. He said this follows the installation of the first siren at the top of Wildridge on Tract J. He showed photos with the areas of coverage. Town Manager Eric Heil said if Council decides to move forward with this program, the budget will be included in the budget amendment presented to Council on the second meeting of April. He said signs will be posted on these locations on how the sirens will look like and announcing to the public that sirens will be installed to receive input from the public. Mayor Smith Hymes said community input on this is extremely important as one of the main concerns from the public would be how these will look like. Councilor Underwood asked PZC to be on the vanguard of the community outreach and the initial hearings and see what their recommendation is. Mayor Pro Tem Phillips requested to announce those public hearings as optional Council meeting, in case that some Council members decide to attend. Mayor Smith Hymes called for public comments and no public comments were made. 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 ) This agenda item was removed. 6. MINUTES 6.1. APPROVAL OF MARCH 8, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 03:22:33 Mayor Pro Tem Phillips moved to approve the March 8, 2022 as presented. Councilor Thuon seconded the motion and the motion passed with a vote of 7 to 0. 7. WRITTEN REPORTS 7.1. March 15, 2022 PZC Meeting Abstract (Planning Director Matt Pielsticker) 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) AVON REGULAR MEETING MINUTES TUESDAY MARCH 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 7.7. Flood Mitigation Homeowners Association Recommendations (Town Engineer Justin Hildreth) 7.8. Events Update (CASE Manager Danita Dempsey) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 03:23:23 Councilor Hardy talked about how bad the housing situation is. Councilor Thuon mentioned a great letter from Joe Meehan that was received today regarding housing. Councilor Underwood pointed out that Council just approved one high-end unit with McGrady, among other units, so Council is doing something to help. Councilor Hardy said those are long-term solutions, but she wants to explore short-term solutions. Mayor Smith Hymes mentioned that Breckenridge is offering $20,000 to convert a short-term into a long-term rental. Town Manager Eric Heil said this can be discussed in the next Council meeting. Town Manager Eric Heil informed Council that the Ukrainian flag is up and said a public release will be out tomorrow. 9 . EXECUTIVE SESSION Video Start Time: 0 3:30:37 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 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. Mayor Smith Hymes requested a motion to proceed into Executive Session for the purposes 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 8:31 p.m. At the roll call, all members of Council were present in person. Also present were Town Manager Eric Heil and Deputy Town Clerk Brenda Torres. The Executive Session started at 8:37 p.m. The Executive Session ended at 9:11 p.m. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:12 p.m. AVON REGULAR MEETING MINUTES TUESDAY MARCH 22, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 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 970-748-4083 clin@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Charlotte Lin, Sustainability Coordinator RE: Town of Avon Staff Idling Policy DATE: 4/01/2022 SUMMARY: This report describes the first step towards the 2022 Department Goal of Vehicle Idling Prevention Education. In October 2021, Council discussed vehicle idling prevention and tasked staff to ensure Town employees set the example for the rest of the public. In addition, Council directed staff to action on an educational and awareness campaign that promotes self-enforcement of the State Idling laws. As a first step, a Town Staff Idling Policy has been updated and is included as ATTACHMENT A. The next steps will be to (1) gather learnings from implementing of the Town policy and (2) research practices from peer communities in order to inform the design of an Idling Ordinance and (3) coordinate with various output channels to promote the educational campaign associated with the ordinance. BACKGROUND: Here are some key points from RPT-Vehicle Idling Prevention-Oct 12, 2021 (Emily Myler):  Idling wastes nearly 6 billion gallons of fuel, generates 30 tons of CO2 nationally each year, with about half of that coming from personal vehicles. Idling also attributes to noise pollution, harmful exhausts, carbon monoxide and other pollutants and toxins.  Several home-rule municipalities in Colorado have taken steps to reduce idling by increasing awareness of its detriments, limiting areas where idling happens, or outlawing altogether.  The State of Colorado already has bills declaring a state-wide idling limit of five minutes in one hour and that vehicles cannot be left unattended while idling for any length of time, with the exception that vehicles started remotely are allowed if the owner takes measures to prevent theft such as keeping the doors locked.  Idling is a habit that can be hard to break, but an educational campaign can help raise awareness and combat the idea that idling is necessary. Tools may include informational signage, online content, a public pledge against idling, and partnerships with various local organizations. From the idling work session on Oct 26, 2021, the key direction that results in this report is to start by housekeeping so we can flesh out some details and understand where the public would grapple with idling. We can adopt a good ordinance based on what we learn through Staff practice. ANALYSIS: The Town of Avon Engine Idling Policy has been updated and adopted by the Town Manager. Most of Avon’s fleet will be replaced by hybrid vehicles and electric vehicles over the next five years so the policy so the applicability of the policy will evolve accordingly. Staff will monitor and evaluate implementation of this updated Policy. During the implementation of the Engine Idling Policy, Staff will continue to do the following in order to effectively inform the design of an idling ordinance:  Look into what Climate Reality, peer communities, and Eagle County already have on idling education.  Research the idling regulations of Eagle County and the Town of Vail.  Continue regular conversations with Chief Daly regarding enforcement and to make sure the ordinance does not interfere with Police operational needs.  Draft the outline and content of the idling educational campaign. Page 2 of 2  Look at how we can partner with Walking Mountains, Climate Action Collaborative, Eagle County, Vail and other organizations such as Eagle County Schools, Eagle County Motor Vehicle Services, recycle center, driving schools, and local businesses with parking spaces.  Select focus groups to test out the education campaign.  Research equity issues related to driving for underserved, low-income population in Avon. This includes low-income residents, young people, the elderly and the Latinx community. This research will further benefit other sustainability policy development. NEXT STEPS: Staff will research idling policies in other communities and present information and options to Council and will prepare materials for a future work session with Council. ATTACHMENT A: Town of Avon Engine Idling Policy Thank you, Charlotte Engine Idling Policy Adopted April 7, 2022 Page 1 of 2 INTRODUCTION: The Engine Idling Policy (“Policy”) is hereby adopted for the operation of all Town of Avon vehicles. This policy was adopted after input from all Departments with vehicles that are operated by Town of Avon employees for Town of Avon functions. This Engine Idling Policy is intended to promote greenhouse gas reduction goals and objectives in the Eagle County Climate Action Plan, as adopted by the Town of Avon, and as may be amended from time to time. The Town of Avon has adopted goals to decrease greenhouse gas emissions by 25% by 2025 and by 80% by 2050, in accordance with the Eagle County Climate Action Plan. The Plan calls for reducing transportation emissions by 10% as a first step to reach this goal. Exhaust from vehicles is a substantial source of carbon monoxide, toxic air contaminants and greenhouse gases. The 2014 Eagle County Energy Inventory found that 27% of greenhouse gasses in the County are emitted by on-ground vehicles. A 2008 study by the U.S. Environmental Protection Agency found that the average gasoline vehicle can produce between 80 and 170 grams of pollutants in one hour of idling. 2021 Eagle County vehicle registration records show about 6,600 personal vehicles in Avon, giving the town the potential to release between 528,000 and 1,122,000 grams of greenhouse gas into the atmosphere every hour. Turning off and starting an engine uses less fuel than letting the engine run for thirty seconds. Modern vehicles need a maximum of 30 seconds of idle at start up during summer months. The best way to warm up a vehicle is by driving it. Engine wear is greater at prolonged idle than during normal operation. PURPOSE: This Policy is adopted to achieve the following purposes: (1) reduce fuel consumption; (2) reduce harmful air pollution; (3) reduce the Town’s greenhouse gas emissions and carbon footprint; and, (4) model sustainable driving practices to promote natural resource stewardship in Avon. IDLING POLICY: This Policy establishes limits on idling. 1. Warm-Up: When temperatures are below freezing, vehicles and heavy equipment may idle for up to two (2) minutes for warm-up. Large Vehicle and Heavy Equipment may idle longer for warm-up in accordance with manufacture’s recommended specifications. ENGINE IDLING POLICY Adopted April 7, 2022 ATTACHMENT A: Engine Idling Policy Engine Idling Policy Adopted April 7, 2022 Page 2 of 2 2. Vehicle Operation: The driver or operator of a vehicle must turn off the engine upon stopping at a destination and must not allow an engine to idle more at any location more than thirty (30) seconds. 3. Training: Supervisors are responsible to ensure that all drivers/operators of town-owned vehicles and equipment are informed of the requirements of this Policy. APPLICABLE VEHICLES: This Policy applies to the operation of all Town of Avon vehicles regardless of gross vehicle weight rating; all heavy-duty vehicles regardless of fuel being used; all town departments; all off-road diesel-powered equipment regardless of horsepower rating; and all off-road equipment regardless of fuel being used, except as listed under “Exemptions”. This Policy does not apply to vehicles which do not emit pollutants during idling such as hybrid-electric or electric vehicles which are powered in part or wholly by an electric battery rather than combustion of fossil fuels. EXEMPTIONS: This Policy does not apply to a vehicle or piece of equipment for the period or periods during which: 1. Idling is necessary while stopped: a. For an official traffic control device; b. For an official traffic control signal; c. For traffic conditions over which a driver has no control, including, but not limited to: stopped in a line of traffic, stopped at a railroad crossing or stopped at a construction zone; or d. At the direction of a policeman or other official traffic controller. 2. Idling is necessary for emergency or public safety vehicle readiness; 3. Idling is necessary for testing, maintenance, trouble-shooting, repair or diagnostic purposes of the vehicle; 4. Idling is necessary to ascertain that the vehicle and/or off-road piece of equipment is in safe operating condition and is equipped as required by all provisions of law and established safety policies; 5. The vehicle is not expected to restart due to mechanical or electrical problems experienced that day. (NOTE: such a vehicle should be brought in for maintenance ASAP); 6. Idling the engine is required to power necessary auxiliary equipment other than a heater or air conditioner, e.g. hoist, lift, computers, safety lighting (NOTE: most equipment and instruments do not require the engine to be running in order to function.). 7. Idling is necessary to operate defrosters, heaters, air conditioners or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver or passengers. (NOTE: limit such idling to 15 minutes wherever possible); 8. Idling is necessary to cool down a turbo-charged heavy-duty vehicle in accordance with the manufacturer’s recommendation; or, 9. Idling is necessary to respond to or prepare for an emergency. ATTACHMENT A: Engine Idling Policy 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Danita Dempsey, CASE Manager RE: Art Projects in Avon DATE: March 30, 2022 SUMMARY: This report provides a written update on the temporary art installations planned for this Spring and Summer. There is no action required by Council. BACKGROUND: During the winter months, Staff work included further development and expansion of the temporary and permanent art installations. The art programs and installations planned for this spring and summer include the following: 1. Storm Drain Educational Decals 2. Art Around Avon Program 3. Historical Markers Below is a description of each of the above projects as well as a list of individuals who make up the Jury Panel for the Art Around Avon Program. I have an elevated level of confidence in the Jury Panel and their ability to not let their taste overwhelm their role and knowing that what some may find off-putting others will find interesting. 1. Storm Drain Educational Art Installation: The Call for Artist / Request for Qualification was released on November 30, 2020, with a January 15, 2021, deadline. Six (6) locations were identified, artists were selected, creative completed and decals delivered in the fall of 2021. Due to lead-time on materials, we were not able to install in summer of 2021. Therefore, this project was tabled until spring this year. The Storm Drain Education Art will be installed by no later than June 10th, 2022, and just in time for the second annual Art Around Avon Walk. There are six (6) decals and four (4) educational signs which are included and attached as Attachment A. 2. Art Around Avon Program: This program launched last year with nine (9) locations/sculptures. It is a mechanism for bringing art to Avon through temporary installations which are renewed/rotated out each year with minimal investment from the Town. New this year, the Town entered into multi- year license agreements with (1) Hoffman Commercial Properties/Arts of the Valley and (2) Avon Town Square Commercial Condominium Association to license a total of nineteen art pedestals with zero license fees. There are thirteen (13) art pedestals through the agreement with Hoffman Commercial Properties/Art of the Valley located in Avon’s “eastern core” and six (6) through the agreement with Avon Town Square Commercial Condominium Association located on W. Benchmark Road. With the addition of these two (2) licenses agreements plus Avon’s original nine (9) locations, the second annual Art Around Avon Program now includes up to twenty-six (26) locations for temporary sculpture installations representing an 200% growth! The Call for Artist / Request for Proposals (RFP) was released through an on-line artist application, selection, and jury process on February 14, 2022, and closed on March 28, 2022. Staff is happy to announce that we have received forty-three (43) submissions from twenty-one (21) artists, 970-748-4065 ddempsey@avon.org representing approximately fifty-five (55) pieces for consideration in the second annual Art Around Avon Program. A selected group will jury the submissions through the on-line platform (CAFÉ) between March 29th and April 28th. The full timeline is provided in the RFP and attached as Attachment B. Assuming our second annual program enjoys the same success as last year, the artists call out would begin in December, deinstalls in late-May and re-installs at the beginning of June annually. Each year the new selections are presented to the community through the Art Around Avon Walk event supported by digital and printed walking-maps which are available year-round. With the unexpected opportunity and interest of Hoffman Commercial Properties which presented itself in January of this year, and support of Avon Town Square Condominium Association, the second annual Art Around Avon Program was propelled to twenty-six (26) locations. To that end, Staff will reevaluate the projected phases two (2) and three (3) and the locations presented in a February 16, 2021, Staff Report to Town Council and summarized below: Through collaboration with the Vail Valley Art Guild, Town Manager, Town Engineer, and Community Development, nine (9) exhibition locations were identified for installations along Avon Road and E. Benchmark Road in 2021 (Phase 1), four (4) exhibit locations in 2022 (Phase 2) in West Nottingham Park; and four (4) exhibit locations in 2023 (Phase 3) along the south side of Nottingham Lake and Metcalf Cabin. The total number of phased exhibition locations in the Art Around Avon program by June 2023 is seventeen. The West Nottingham Park Improvements (Phase 2) included installation of four (4) cut stone pedestals and therefore, will stay in the phasing plan. Staff anticipates the locations along the south side of Nottingham Lake and Metcalf Cabin (Phase 3) may be removed from consideration and will reevaluate this fall. Therefore, this could potentially result in the Art Around Avon Program being at capacity in year 2023 with a total of up to thirty temporary installations. That is, unless the program grows to include indoor exhibition spaces (i.e., Town Hall, and Recreation Center) and expanded mediums to include painting, photography, temporary murals, and the like. Jury Panel: A list of the individuals on the Jury Panel; and a short bio on those who are not employed by the Town or on the CASE Committee, is provided below. a. Andrew Pranger – Vail Valley Art Guild: “…over 15 years of arts education and experience including studying at The Centre for the Arts in Richmond, Virginia, Fine Art Painting at the University of Brighton in England (BA Hons), and a Master of Arts Leadership and Cultural Management at Colorado State University (to be completed Summer 21). I have been the President of the Vail Valley Art Guild since December 2017, currently sit on the ECSD Gifted Arts Student Selection Panel, and regularly show my work at galleries across the US and Europe." b. Melissa Macdonald-Nelson – Vail Valley Art Guild: “…former Executive Director of the Eagle River Watershed Council for seven years in Avon, has a long history in art. Starting 970-748-4065 ddempsey@avon.org with art classes as a child at the Cleveland Art Museum and studying more recently at the Denver Art Museum, Denver Art Students League and privately with numerous nationally known instructors, she is now a working artist. An extensive art collector, Ms. Nelson evaluated, bought, and sold paintings internationally starting in 2000. Today she is the Treasurer of the Vail Valley Art Guild.” c. Tara Novak – Vail Valley Art Guild: Mountain girl, artist, entrepreneur, and Vail Valley resident for over 25 years. Tara founded the art cooperative ARTSPaCE workshop+gallery in 2014. This space is Tara’s home studio, while also continuing to grow as a thriving hub for local artists and community collaboration. In 2019 Tara received the Town of Eagle’s “Community Impact Award” for her vitality building efforts creating the EagleARTS ARTWalk event in Historic Downtown Eagle. In 2020 and 2021, Tara was awarded public art projects in the Vail Valley – decoratively painting six benches in Avon and a utility box in Riverwalk in Edwards as part of a community vitality installation. d. Willow Murphy – Vail Valley Art Guild member, and a ceramic and mixed media artist living and thriving in Gypsum. Willow enjoys creating pieces that incorporate influences from nature, mythology, current events, and anything else that might catch her fancy. e. Lindsay Hardy – CASE Committee and Avon Town Council Member f. Doug Jimenez – CASE Committee Member and Hoffman Commercial Properties Representative g. Thomas Walsh – CASE Committee Member h. Ruth Stanley – CASE Committee Member i. Kathy Ryan – CASE Committee Member j. Justin Hildreth – Town Engineer k. Jenna Skinner – Planner II / Community Development Department l. Danita Dempsey – CASE Manager 3. Historical Markers – The concept for historic marker signs originated in the 2007 Main Street plans, whereby Lettuce Shed Lance was going to include 3-4 vertical banners signifying the area’s history. In 2018, a historic marker was installed on the Highway 6 Valley Trial opposite the Nottingham Powerplant (waterwheel). This project has evolved and flourished over the last 20-plus months working alongside Matt Pielsticker, Community Development Director, Councilor Underwood, Mayor Smith-Hymes and Eagle County historian Kathy Heicher. The project includes nine (9) locations in Avon where the Historical Markers will be installed early this summer. The sign would be installed and anchored with dual posts, at 45 degree viewing angle – see picture below depicting sign installation design. Two of the signs (#5 and #8) would be custom fabricated and affixed to a railing and fence. The sign faces measure 24” x36” to 30” x 40” depending on the sign location. Signs #4 and #7 are both larger format sign faces. 1. Avon Amusement Hall 2. Ancient Human History 970-748-4065 ddempsey@avon.org 3. Metcalf Cabin 4. Harry A. Nottingham Park (30” x 40”) 5. Avon’s Homestead 6. Avon’s Cash Crop 7. Hahnewald Barn (30” x 40”) 8. DRG Railroad 9. Avon’s Bridges The installation locations are provided on Attachment C and the corresponding imagery and text is provided and attached as Attachment D. We are closing in on the finish line looking forward to bringing this project to fruition! FINANCIAL CONSIDERATIONS: The 2022 Adopted Budget includes $20,000 for temporary art installations and $5,000 for the purchase of one sculpture from the 2021 Art Around Avon Program for a total of $25,000. An additional projected $20,760 is needed and will be proposed to Town Council for consideration in the April budget amendment. This additional expense is needed for the added materials and labor for the Art Around Avon Program nineteen (19) new locations (i.e., steel, plaques, labor hours from the Fleet Department for welding steel bases to pedestals and creating plaque stations and installing). Also, Staff did not accurately budget enough money ($5,000) to purchase one of the sculptures in the 2021 Art Around Avon. Therefore, this money will be used to help cover the added expense. Furthermore, the cost of steel, welding bases to pedestals and creating plaque stations for the nineteen (19) new locations are startup expenses and will not be incurred in 2023. Table 1 below identifies the current cost estimate for the additional materials and labor for the Art Around Avon Program. The Storm Drain Educational Art Decals were paid for in 2021, and the Educational Signs and Historical Markers are in the 2022 Adopted Budget. Art Installation Cost Estimate Art Around Avon Program 20,000$ Purchase Permanent Piece 5,000$ TOTAL 2022 Approved Budget 25,000$ Artist Stipend (17 add'l @ $900 + $1,100)16,400$ Plaques (17 add'l @ $80)1,360$ Estimate for Additional Materials and Labor 3,000$ Estimated Additional Expense 20,760$ Total Budget Needs 45,760$ Budget Shortfall 20,760$ 2022 Temporary / Permanent Art Installations Table 1 970-748-4065 ddempsey@avon.org This is an extremely exciting time! The Jury Panelist, CASE Committee and I are thrilled that Avon is taking additional steps to begin identifying itself as an “art community.” I will be providing updates to Town Council along the way. Thank you, Danita ATTACHMENTS: Attachment A – Storm Drain Educational Art Attachment B – RFP Call for Artists Art Around Avon Program Attachment C – Historical Marker Locations Attachment D – Historical Marker Final Proofs More than 40 million people downriver and countless species of wildlife, aquatic life and plant life rely on the water in the nearby Eagle River. It’s up to all of us to keep it clean. Please dispose of all trash and pet waste in the appropriate receptacles. Welcome to the Eagle River Watershed O NLY RAIN DOWN THIS DRAIN! ATTACHMENT A LOCATION: Riverfront Lane @ Eastern Entrance to Recreation Path Whatever we put down the drain ends up in the river. Did you know that most storm drains flow directly into the river? ONLY RAIN DOWN THIS DRAIN! This drain flows through a pipe for about .25-mile before it empties into the Eagle River receiving no treatment along the way. LOCATION: 8FTU&OUSBODFUP3FD$FOUFS! Did you know that the gardens near this path help protect the Eagle River? These dips, also known as rain gardens, filled with plants and rocks capture water and pollutants before they enter the storm drains, such as: O NLY RAIN DOWN THIS DRAIN! Oil & Salt Trash & Debris Pesticides & Herbicides This is important because this storm drain leads directly into the Eagle River. LOCATION: Main Street Mall Near Prater Lane O nly RAIN Down this DRAIN GrttnWin~T eal This migrating -~ ~~ ... dependsonllealttly ~andwetl!lnd habitats for food and shelter.Thisdrain flows directly into th& EagteRiver.Helpus protect the river's clean water and tel ontyrain}:;:,~thi$ Av on Have you heard of rain gardens? O NLY RAIN DOWN THIS DRAIN! They capture water that runs off of roads and parking lots, helping to filter out pollutants like oils, salts, trash and other debris that can be harmful to our rivers and streams. Gardens like this also help to store water during heavy rainstorms. They slowly release water back to the river and protect sensitive habitats from erosion. Polluted runoff is the #1 threat to drinking water supplies, according to the Environmental Protection Agency. So remember... LOCATION: Sun Road & W. Beaver Creek Blvd. rtonh..lme<lcanl!accoon c.oou.'""""""" _____ ,.,......~--.. _ .. ......_ ..... _ ----------.--... -~-.------.-.. ______ ... ,,..,_ .. __ _ Artist Call Out / Request for Proposal Art Around Avon Project 2022 Page 1 of 3 CALL FOR SCULPTURE ARTISTS / REQUEST FOR PROPOSAL TOWN OF AVON ART AROUND AVON PROGRAM for 2022 The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists for the Art Around Avon Program to promote the display of visual art throughout the Town of Avon community for the benefit of residents and visitors. This is a project of the Avon Town Council and the Cultural, Arts & Special Events (“CASE”) Committee. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity, and livelihood in the community. The presence of and access to public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. Overview: The Art Around Avon is a new program with the goal of selecting up to twenty-six (26) visual art pieces for installation in pre-determined outdoor spaces in early June 2022. Selected artists will be engaged by the Town and paid a $900 stipend except for the artist selected for location #1 – see below; the stipend for this selection is $2,000. The selected artist’s work will be on exhibition in an outdoor location for up to twelve (12) months during which time the artist may make the work available for sale. The Town shall produce and distribute materials regarding the work for marketing purposes, including photographs of the work for publicity or study. The Town shall retain 20% of the gross sale price of the selected artist work on exhibition in the Town through the Art Around Avon program. If an artist’s work is sold during the exhibition period, the work shall be removed after the decommission date. Project Intent: To further establish the Art Around Avon Program to become an annual, year-long exhibition showcasing outdoor sculptures in visible places around the Town. Project Budget: Selected artists shall be paid a $900 stipend per piece of work selected except for the artist selected for location #1 – see below; the stipend for this selection is $2,000. The artist shall perform all services and furnish all supplies, material, and equipment as necessary for the design, execution and fabrication of the work including transportation of the work to and from the installation site. Site Description: Various visible outdoor locations in highly trafficked areas in the Town along main roadways, Main Street Mall, Nottingham Park, and playgrounds. Of high significance and priority is location #1 on Avon Road, round-about #4, at the conjunction of E. Benchmark Road and W. Benchmark Road. This location is considered the “Town Center” and will demand a more prominent work with the ability to be seen by pedestrians from across Avon Road. Proposed work for this location must be a minimum of 12’ tall and a maximum of 20’ tall on a concrete circular pedestal measuring 13’ in diameter. The ground level base or platform, and/or raised pedestal for the work is provided by the Town and will be either reinforced concrete or cut stone with or without a steel plate; and, based off location of the installation. Attachment A provides the type of material for the base/platform, pedestal, etc., space size, size restrictions and/or requirements for work, and imagery or links to imagery. ATTACHMENT B Artist Call Out / Request for Proposal Art Around Avon Project 2022 Page 2 of 3 Eligibility: 1. The Request for Proposals is open to all artists and artist teams residing and working in Colorado. 2. All applicants must be 18 years of age or older and have all necessary documentation and permits to work in the United States at the time of submittal. 3. Applicants must be able to complete and transport work on June 9th or 10th, 2022. 4. Applicants must be able to pick up work between May 29th and June 5th, 2023. 5. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes. Requirements of Work: 1. Safe for pedestrians. 2. Of appropriate scale for street display. 3. Able to withstand high winds and/or substantial temperature changes. 4. Easy to maintain in an outdoor mountain environment. 5. Freestanding but attachable to cut stone pedestal, steel mounting plate, or reinforced concrete pedestal (provided by the Town) for exhibit purposes. Application & Selection Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM, to manage artist application and selection processes for the Art Around Avon program. Application shall include: 1. Artist and/or Artist Team Contact: Upload complete and accurate contact information. 2. Proposal: a. Include two (2) to five (5) digital images for each piece of work being proposed. b. Project statement describing your approach and intention for the work. c. Special display and installation requirements for each piece of proposed work. d. Artist may submit up to six (6) applications. One application per proposed piece of work. Each application must include a minimum of two (2) and a maximum of five (5) digital images for each piece of work being proposed. 3. References & Past Work: Three (3) relevant project references to include the following for each project: a. Main contact: Name, Organization, Email and Phone Number. b. Scope and description of project. c. Project budget. d. Project timeline. e. Project location. f. Each piece of reference work must include a minimum of one (1) digital image and maximum of three (3) digital images for each referenced work. g. Reference work imagery must be labeled to clearly identify the imagery as referenced work. For example: i. Reference Work A Image #1; Reference Work A Image #2; Reference Work A Image #3. Artist Call Out / Request for Proposal Art Around Avon Project 2022 Page 3 of 3 ii. Reference Work B Image #1, Reference Work B Image #2, etc. 4. All selected artists must execute a copy of the Art Around Avon Agreement – See Attachment B. 5. Anticipated Timeline: • Artist Call for entry: February 14, 2022 • Deadline for entry: March 28, 2022 • Proposed selection notification: April 29, 2022 • Installation of work: June 8, 9 and/or June 10, 2022 • Exhibition period for work: June 10, 2022, through May 29, 2023 • Art Around Avon Walk: June 10, 2022 • Decommission and removal of work: May 29 through May 31, 2023 • Disposal deadline: June 5, 2023 The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals. The Town has no obligation to select or use the services of any consultant submitting a Request for Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at ddempsey@avon.org, (970) 748-4065. Art Around Avon | Site Descriptions February 14, 2022 Art Around Avon Attachment A: Site Descriptions February 14, 2022 Danita Dempsey | Cultural, Arts & Special Events Manager Art Around Avon: Site Descriptions February 14, 2022 #1 Avon Road | Center of RAB #4 #3 Avon Road | RAB #3 NW Corner Google Map Image Google Map Image #2 Avon Road | RAB #3 SW Corner Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 1 Avon Road - Center of Round-About (RAB) #4 Reinforced concrete circular pedestal 13' Diameter N/A 13' Diameter Up to 6,500 lbs. 2 Avon Road - RAB #3 SW Corner Cut stone pedestal w/ steel plate set on brick pavers 12" Tall 35" D, 37" W 10' D x 17' W Up to 150 lbs. 3 Avon Road -RAB #3B NW Corner Cut stone pedestal w/ steel plate set on reinforced red sandstone 21" Tall 32" D, 41" W 10' D x 11' W Up to 1,400 lbs. Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #4 Avon Road | RAB #4 SE Corner Raised Platform #5 E. Benchmark Road & Beaver Creek Place NE Corner #6 E. Benchmark Road City Market Bus Stop Google Map Image Google Map Image Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 4 Avon Road - RAB #4 SE Corner Raised Platform Reinforced concrete platform N/A N/A 14' D x 14' W Up to 600 lbs. 5 E. Benchmark Road & Beaver Creek Place / NE Corner Cut stone pedestal w/ steel plate set on brick pavers 8" Tall 53" D, 47" W 9.5 D' x 16' W Up to 150 lbs. 6 E. Benchmark Road @ City Market Bus Stop Cut stone pedestal 12" Tall N/A 6' D x 6' W Up to 150 lbs. Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #8 E. Benchmark Road | Bus Stop Google Map Image #9 Avon Road | RAB #4 NE Corner Google Map Image #7 Avon Road | RAB #4 SW Corner Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 7 Avon Road - RAB #4 SW Corner Cut stone pedestal w/ steel plate set on brick pavers 10" Tall 36" D, 45" W 9' D x 16'.5" W Up to 150 lbs. 8 E. Benchmark Road / Bus Stop Cut stone pedestal w/ steel plate set on brick pavers 10" Tall 64" D, 51" W 14' D x 22' 5" W Up to 150 lbs. 9 Avon Road - RAB #4 NE Corner Cut stone pedestal w/ steel plate set on brick pavers 14" Tall 37" D, 50" W TBD Up to 150 lbs. Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #11 W. Benchmark Road Google Map Image #12 W. Benchmark Road Google Map Image #10 W. Benchmark Road Google Map Image #13 W. Benchmark Road Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 10 W. Benchmark Rd. East End A - Slifer Smith Frampton Building Circular concrete pedestal 40" Diameter, 26" Tall N/A N/A Up to 150 lbs. 11 W. Benchmark Rd. East End B - Slifer Smith Frampton Building Circular concrete pedestal 40" Diameter, 26" Tall N/A N/A Up to 150 lbs. 12 W. Benchmark Rd. West End A - Slifer Smith Frampton Building Circular concrete pedestal 40" Diameter, 26" Tall N/A N/A Up to 150 lbs. 13 W. Benchmark Rd. West End B - Slifer Smith Frampton Building Circular concrete pedestal 40" Diameter, 26" Tall N/A N/A Up to 150 lbs. Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #15 Junction W. Google Map Image #16 Junction Lot Google Map Image #14 Junction N. Google Map Image #17 Christie Sports Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 14 Junction North - E. Beaver Creek Blvd.Cut stone 40" Diameter N/A 40" Diameter TBD 15 Junction West - E. Beaver Creek Blvd. Square stone veneer pedestal w/ nuetral sandstone top 36" D X 32" W; 34" Tall N/A 36" D X 32" W; 34" Tall TBD 16 Junction Parking Lot - E. Benchmark Rd. Circular stone veneer pedestal w/ red sandstone top 60" Diameter; 42" Tall N/A 60" Diameter; 42" Tall TBD 17 Christie Sports West - Parking Lot Circular stone veneer pedestal w/ red sandstone top 60" Diameter; 42" Tall N/A 60" Diameter; 42" Tall TBD Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #20 E. Benchmark Google Map Image #21 Chapel Square Google Map Image #19 E. Benchmark Google Map Image #18 Annex Lot Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 18 The Annex Parking Lot - E. Benchmark Rd. Square stone veneer pedestal w/ nuetral sandstone top 35" D x 35" W; 32" Tall N/A 35" D x 35" W; 32" Tall TBD 19 Christie Sports East - E. Benchmark Rd. Circular stone veneer pedestal w/ red sandstone top 60" Diameter; 42" Tall N/A 60" Diameter; 42" Tall TBD 20 The Annex Parking Lot - E. Benchmark Rd./ Beaver Creek Place Square ground level concrete slab 40" Diameter N/A 40" Diameter TBD 21 Chapel Square Parking Lot - Center Square stone veneer pedestal w/ red sandstone top 111" D x 111" W; 42" Tall N/A 111" D x 111" W; 42" Tall TBD Art Around Avon Program Art Around Avon: Site Descriptions February 14, 2022 #25 Chapel Square Google Map Image #24 Chapel Square Google Map ImageGoogle Map Image #22 Chapel Square Google Map Image Location # | Priority Location Description Base / Pedestal Material Base/Pedestal Size Steel Plate Size at Widest Point Approx. Exhibition Space Size Weight Capacity 22 Chapel Square Parking Lot / Urgent Care Circular stone veneer pedestal w/ red sandstone top 48" Diameter; 42" Tall N/A 48" Diameter; 42" Tall TBD 23 Chapel Square Sidewalk / Nozawa Circular stone veneer pedestal w/ red sandstone top 55" Diameter; 26" Tall N/A 55" Diameter; 26" Tall TBD 24 Chapel Square Sidewalk / Fiesta's Circular stone veneer pedestal w/ red sandstone top 52" Diameter; 40" Tall N/A 52" Diameter; 40" Tall TBD 25 Chapel Square Sidewalk / CoHabit Cut stone 40" Diameter N/A 40" Diameter TBD Art Around Avon Program ATTACHMENT B: ART AROUND AVON AGREEMENT between THE TOWN OF AVON And [_______________________] i Information about the Town’s Art Around Avon Program in the Town of Avon (for informational purposes only) Background. The Town of Avon (“Town”) established the Town of Avon Art Around Avon in 2021 to promote the display of visual art throughout the Avon community for the benefit of residents and visitors. Art Around Avon Application Process. The Town uses the web-based service, CallforEntry.org™, also known as CaFÉ™, to manage Artist application and selection processes for the first annual Art Around Avon Street exhibition. Artists must upload contact information, digital images of their work, the weight, height and depth of the work, the price of the work, and all special display and installation requirements for each entry. The deadline for entries is March 28, 2022. Town selects up to ten sculptures for exhibition and will make its selections by approximately April 29, 2022. Town will pay selected artists a $900.00 honorarium at installation except for the artist selected for location #1 as described in the Request for Proposal (“RFP”); the stipend for this selection is $2,000. All selected artists must execute a copy of this Art Around Avon Agreement. Requirements of Work. 1. Safe for pedestrians 2. Of appropriate scale for street display. 3. Able to withstand high winds and/or substantial temperature changes. 4. Easy to maintain in an outdoor mountain environment. 5. Freestanding but attachable to cut stone pedestal, brick pavers, reinforced concrete pedestal, sandstone, steel base or mounting plate (provided by the Town) for exhibit purposes. ii TABLE OF CONTENTS 1. Art Around Avon INSTALL, DISPLAY, & REMOVAL ........................................................................ 1 (a) Generally ............................................................................................................................. 1 (b) Consistency of Work with Artist’s Proposal .......................................................................... 2 (c) Delivery and Installation of Work ......................................................................................... 2 (d) Marketing, Sale, & Donation of Work ................................................................................... 3 (e) Decommission & Removal of Work ..................................................................................... 3 (f) Risk of Loss ......................................................................................................................... 3 (g) Waiver of Rights Under Visual Artists Rights Act of 1990 (“VARA”) ..................................... 3 2. COORDINATION AND LIAISON ...................................................................................................... 3 3. WARRANTIES REGARDING THE WORK ....................................................................................... 4 4. SUBJECT TO LOCAL LAWS; VENUE ............................................................................................. 4 5. INSURANCE .................................................................................................................................... 4 6. INDEMNIFICATION .......................................................................................................................... 4 7. NO THIRD-PARTY BENEFICIARY ................................................................................................... 4 8. NOTICES .......................................................................................................................................... 5 9. SEVERABILITY ................................................................................................................................ 5 10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS................................................................... 5 11. AUTHORITY TO ENTER INTO AGREEMENT ................................................................................. 5 12. COUNTERPARTS OF THIS AGREEMENT ..................................................................................... 5 1 2022 Art Around Avon Agreement THIS AGREEMENT is made and entered into this ______ day of ___________ 2022, by and between the Town of Avon, a home rule municipality and political subdivision of the State of Colorado (“Town”) and the undersigned artist, ______________, whose address is _________________________________ (“Artist”). RECITALS A. In 2021, the Town established the Art Around Avon art program, which is an annual, year- long street exhibition showcasing outdoor sculptures in visible places around the Town of Avon. B. Artist applied in response to the Town’s “Call for Entry” for this year’s Art Around Avon exhibition, including Artist’s contact information, digital images of the artwork, weight of the artwork, price of the artwork, and all special display and installation requirements for the artwork (collectively, the “Proposal”). C. Artist has been selected by the Town to design, execute, fabricate, deliver and install the artwork, consistent with the Proposal and as ultimately conceived, designed, fabricated, transported, delivered, engineered for installation, and ultimately installed by Artist (the “Work”) in accordance with the Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated into this Agreement by this reference. D. A depiction of and title to the Work, so given by the Artist, is attached to this Agreement as EXHIBIT B and incorporated into this Agreement by this reference. E. Artist seeks to install the Work, consistent with the Proposal, at a Town-selected Street display site within the Town of Avon (the “Site”) as part of the Art Around Avon exhibit period, and the Town seeks to pay Artist a $900.00 honorarium. AGREEMENT In consideration of the premises and the mutual covenants herein contained, and subject to the terms and conditions hereinafter stated, the Town and Artist agree as follows: 1. INSTALL, DISPLAY, & REMOVAL. (a) Generally. (i) Artist shall perform all services and furnish all supplies, material and equipment as necessary for the design, execution and fabrication of the Work, and shall, either directly or through qualified sub-consultants, undertake the transportation of the Work to the Site. 2 (ii) The Work shall be committed to the Town for the duration of the Art Around Avon, the Town exhibit period, even in the event of a sale. (b) Consistency of Work with Artist’s Proposal. (i) After the Town’s written approval of the Proposal, Artist shall complete the fabrication and transportation of the Work in conformity with the Proposal. (ii) Artist shall present to the Town in writing for further review and approval any significant changes in the scope, design, color, size, material or texture of the Work. If there is a significant change to the Work, as determined in the Town’s sole discretion, or if Artist seeks to substitute the artwork described in the Proposal with different artwork, the Town may elect not to include Artist in the Art Around Avon exhibit and terminate this Agreement. (c) Delivery and Installation of Work. (i) Artist is responsible for ensuring that the Work is made to be installed for public display, including ensuring that the Work is safe for pedestrians, of appropriate scale for street display, able to withstand high winds and/or substantial temperature changes, easy to maintain in an outdoor mountain environment, and freestanding but attachable to concrete pedestal, steel base, or mounting plate (provided by the Town) for exhibit purposes. (ii) Artist shall identify to the Town all special display and installation requirements for welding or bolting the Work to a concrete pedestal, steel base, or mounting plate for exhibit purposes. (iii) Artist shall deliver the Work for installation to the Town designated Site in accordance with the Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated into this Agreement by this reference. (iv) The Town shall pay Artist a nine hundred-dollar ($900.00) honorarium. The Town shall pay Artist a two thousand ($2000.00) for location #1. (v) The Town shall install the Work, with all necessary assistance and support from Artist as required by the Town. The Town reserves the right to make all installation and placement decisions and to make emergency repairs to the Work, when necessary, as determined by the Town in its sole discretion. (vi) The Town shall install signage for the Work to identify Artist, the Work’s title, if any, and the Work’s price, in accordance with the Proposal. (d) Marketing, Sale, & Donation of Work. (i) Town shall produce and distribute informational materials regarding the Work for marketing purposes, including photographs of the Work for publicity or study. (ii) The purchase price for any sale shall be consistent with the price listed in Artist’s proposal unless Artist has provided sixty (60) days’ advance written notice to the Town of a price increase or decrease for the Work. 3 (iii) In the event of a sale of the Work during the exhibit period or ninety (90) days following the exhibit period, the Town will act only as an agent for the collection and distribution of the proceeds of the sale; and the sale is between the purchaser and the Artist and all state and local sales taxes are applicable. The Town shall receive the full purchase price from the purchaser, and the Town shall then remit to Artist the purchase price less the Town’s commission of 20% of the purchase price. (iv) In the event either Artist or a third party seeks to donate the Work to the Town, Artist, Town, and any such third-party shall enter into a donation agreement. (e) Decommission & Removal of Work. (i) Upon conclusion of the Art Around Avon exhibit period and by the Decommission & Removal Deadline set forth on EXHIBIT A, Artist shall decommission and remove the Work. (ii) If Artist fails to remove the Work by the Decommission & Removal Deadline, the Town may decommission, remove, and store the Work, without liability whatsoever, in an interim storage area selected by the Town in its sole discretion. If Artist does not remove the Work from the interim storage area on or before the Disposal Deadline set forth on EXHIBIT A, the Work shall automatically become the property of the Town at no cost to the Town, and the Town may donate, sell, or otherwise dispose of the Work. (f) Risk of Loss. The risk of loss or damage to the Work shall be borne by Artist during delivery and installation of the Work, and Artist shall take such measures as are necessary to protect the Work from loss or damage. (g) Waiver of Rights Under Visual Artists Rights Act of 1990 (“VARA”). Artist understands and agrees that, as to his or her rights in the Work, the provisions of this Agreement shall supersede the provisions of the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §101 et. seq., as amended, including but not limited to §106A(a) and §113, as to the Work, and that execution of this Agreement by Artist shall constitute a waiver by Artist, as permitted in 17 U.S.C. §106A(e), as amended, of any and all rights or protections in the Work, and any uses of the Work whatsoever, set out in or otherwise granted by 17 U.S.C. §101, et seq., as amended, including but not limited to §106A(a) or §113, or otherwise in the nature of "Droit Moral" under which artists claim an interest in the Work. Artist understands that, despite the Town’s commitment not to intentionally damage, alter, or modify the Work without the prior written approval of Artist, installing, exhibiting, removing, or storing the Work may subject the Work to destruction, distortion, mutilation, or other modification. 2. COORDINATION AND LIAISON Town orders and directs all services under this Agreement and, until otherwise notified by the Town Council, is designated as the authorized representative of the Town through whom services performed under this Agreement shall be coordinated. Artist agrees that during the term of this Agreement, Artist shall fully coordinate all work hereunder as directed by the Town and other the Town agencies or departments. 4 3. WARRANTIES REGARDING THE WORK Artist represents and warrants to the Town that: the Work is available for purchase; the Work is solely the result of Artistic effort of Artist; the Work is unique and original and does not infringe upon any copyright; the Work is free and clear of any liens or claims from any source whatsoever; the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of “inherent vice” or qualities which cause or accelerate deterioration of the Work; the Work is professionally constructed of durable materials; the Work does not have easily damaged parts, is suitable for indoor and/or outdoor public display, and is constructed in a manner to avoid potential liability, safety risks to the general public, or maintenance (except cleaning). 4. SUBJECT TO LOCAL LAWS; VENUE The provisions of Colorado law, the Town of Avon Home Rule Charter, the Town of Avon Municipal Code, ordinances, and regulations, as the same may be amended from time to time, are hereby expressly incorporated into this Agreement as if fully set out herein by this reference. Venue for any action arising hereunder shall be in Eagle County, Colorado. 5. INSURANCE The Town and Artist stipulate and agree that the value of the Art is $[__________]. The Town shall insure the Art against loss or damage to the Art itself, but only up to that stipulated value. The Town shall not, however, insure Artist against any third-party claims arising out of or connected with the Art or Artist's activities under this Agreement – any such insurance shall be the sole responsibility of Artist. 6. INDEMNIFICATION Artist shall defend, release, indemnify and save and hold harmless the Town against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the Town, and shall defend, release, indemnify, and save and hold harmless the Town from any and all claims, demands, suits, liabilities, actions, causes of action, or legal or equitable proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of Artist’s activities in connection herewith, including acts or omissions of Artist or his or her officers, employees, representatives, suppliers, invitees, licensees, subconsultants, contractors, and agents; provided, however, that Artist need not indemnify and save harmless the Town, its officers, agents, and employees from damages proximately resulting from the sole negligence of the Town’s officers, agents, and employees. This indemnity clause shall also cover payment of the Town’s defense costs in the event that the Town, in its sole discretion, elects to provide its own defense. 7. NO THIRD-PARTY BENEFICIARY It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Artist, and nothing contained in this Agreement shall give or allow any such claim or right of 5 action by any other or third person on such Agreement. It is the express intention of the Town and Artist that any person or entity other than the Town or Artist receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 8. NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if hand-delivering, mailing or e-mailing as follows: If to the Town: Town of Avon Town Hall ATTN: Danita Dempsey P.O. Box 975 100 Mikaela Way Avon, Colorado 81620 Email: ddempsey@avon.org If to Artist: The address first above written. 9. SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is held by the Courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS The parties understand and agree that all terms, conditions and covenants of this Agreement, together with the exhibits hereto, any or all of which, by reasonable implication, contemplate continued performance or compliance beyond the expiration or termination of this Agreement (by expiration of the term or otherwise), shall survive such expiration or termination and shall continue to be enforceable as provided herein for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period. 11. AUTHORITY TO ENTER INTO AGREEMENT The person or persons signing and executing this Agreement on behalf of Artist, do hereby warrant and guarantee that he/she or they have been fully authorized by Artist to execute this Agreement on behalf of Artist and to validly and legally bind Artist to all the terms, performances and provisions herein set forth. 12. COUNTERPARTS OF THIS AGREEMENT This Agreement shall be executed in counterparts, each of which shall be deemed to be an original of this Agreement. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TOWN: By: Name: (please print) ARTIST: By: Name: (please print) 7 EXHIBIT A Major Dates Schedule 1. Artist Call for entry: February 14, 2022 2. Deadline for entry: March 28, 2022 3. Proposed selection notification: April 29, 2022 4. Installation of work: June 8, 9 and/or June 10, 2022 5. Exhibition period for work: June 10, 2022, through May 29, 2023 6. Art Around Avon Walk: June 10, 2022 7. Decommission and removal of work: May 29 through May 31, 2023 8. Disposal deadline: June 5, 2023 8 EXHIBIT B Depiction & Title of the Work As provided by artist in application AVON AMUSEMENT HALL EarlydayAvonresidentsunderstoodhardwork.Transformingsemi-aridfieldsofnativevegetationintoirrigatedfarmsandranches requiredingenuity,determination,andgruelingmanuallabor.Thoseindustriouspioneersalsoneededsocialinteraction,andthey recognizedthevalueofcommunitygatherings. Formanyyearsafterthearrivalofthehomesteadersinthe1880s,Avonwasacollectionofscatteredranches.Theareanearthe confluenceofBeaverCreekandtheEagleRiverwastheclosestthingtoatowncenterformilesaround.ItwashometoGeorge Townsend’soriginalstagecoachstop,StephenBivan’sgeneralstore,andtherailroaddepot.Avon’sone-roomschoolhousewas thecommunitygatheringplace,butthesmallbuildingofferedlimitedspace,particularlywhenneighborsinEdwardsandMinturn participatedinsocialevents. ThatsituationpromptedlocalresidentstocreatetheAvonAmusementAssociation(AAA)inthesummerof1905“toperpetuatethe socialspiritwhichexistsintheneighborhood,formutualimprovementandsociability.”TheAAAsoldshares,raisingenoughwithinsix monthstobuildabare-bonesauditoriumatthebaseofthegypsumcliffs,acrosstheroadfromthegeneralstore.Itwasanimmediate successandwentbyavarietyofnames:theAvonHall,theAvonAuditorium,theAvonAmusementCenter,orsimplytheAAA. After20yearsofschoolprograms,theaterproductions,dances,masqueradeballs,fraternalorganizationmeetings,picnics andicecreamsocials,enoughmoneywasraisedtobuildanewfoundationin1925andakitchenette,cloakroom,andbrick chimneysayearlater. In1927,whenstateimprovementstoHighway6wereroutedthroughthefrontofthebuilding,communityleadersHarryA.Nottingham andWilliamGustafsonconvincedtheEagleCountycommissionerstomovethebuilding10feetbackfromthenewroad. TheAAAremainedthehubofsocialandcivicactivityforanother20yearsandisareflectionofitstime:eighthgradersheld orationcontests,dancesbenefittedtheAvonbaseballteam,andassociationsofcattlemenandlettucegrowersconvened their meetings there. ThischapterofAvon’shistorywasendedwhenthebuildingwasdemolishedin1948tomakeroomforanotherwideningofHighway6. TheAvonAmusementAssociation, circa1930,islocatedontheleft. The Avon general store is on the right.(PhotocourtesyofEagle CountyHistoricalSocietyandEagle Valley LibraryDistrict) ATTACHMENT D - FINAL PROOFS LOCATION #1 ANCIENT HUMAN HISTORY A young man of the Utes (Nuche) with his horse. A wickiup, which served as a temporary shelter, is pictured to the right. (Photo courtesy of Denver Public Library Western History Collection) Long before the trappers, miners and homesteaders arrived in the mid to late 1800s, the mountainous terrain of the Eagle River corridor, including the Avon area, was Ute (Nuuchu) territory. Archaeological evidence verifies that these Native American hunter-gatherers inhabited the region for more than 10,000 years until their expulsion from Western Colorado in 1882. Artifacts and prehistoric features found locally tell the story of centuries of daily life: stone tools and projectile points; fences made from tree branches and brush to funnel game to hunters; campsites and wickiups – shelters made of woven pinion and juniper branches; food remains, fire pits and burial sites. After acquiring horses from the Spanish in the 17th century, these animals became central to the Ute lifestyle. Twenty-five miles down valley in Brush Creek, evidence of a Ute horse racing track has been identified. The presence of Utes in the Eagle Valley was first officially noted by the Escalante Expedition in 1776. Mountain men encountered bands of Utes camped in the valley in the 1860s. The Utes sometimes tolerated the intruders, but at other times chased them away and confiscated the animal hides that the mountain men had collected. Early Anglo- European pioneers often followed Ute foot trails to access remote reaches of Ute territory to stake their own mining or homestead claims. Many of these foot trails were transformed into roads by the influx of thousands of newcomers seeking their fortunes in the Mountain West. Legend has it that Battle Mountain, located about 15 miles southeast of Avon along Highway 24, earned its name from a fierce battle in 1868 between the Utes and the Plains Arapaho who made summer incursions into the area. In response to hostile encounters and increasing demand for mines and homesteads, newspapers and politicians adopted the slogan, “The Utes Must Go!”. Starting in 1863, a series of treaties between the government and the Utes restricted the native people to increasingly smaller territories. Tensions peaked in 1879 with the Meeker Massacre in northwest Colorado. Resentful Utes rebelled against and killed reservation agent Nathan Meeker and others, further fueling the political demand that the Utes be removed from their native territory. There is no official record documenting the removal of the Utes from the Avon area and the Eagle River Valley. However, by 1882 political policies and treaties forced the Utes from their historic territory and onto a reservation in Utah. LOCATION #2 JOHN C. METCALF FAMILY CABIN John Conard Metcalf was one of Eagle County’s earliest non-native settlers. He was ranching in South Park, Colorado in 1881 when he and a small party of adventurers ventured over the mountain passes into the Eagle River Valley. After several weeks of exploring, Metcalf found an appealing parcel of level land in what is now the heart of Avon. The following spring, Metcalf returned to this valley with his 19-year-old wife, Elizabeth (Lizzie), their two-month-old son, his wife’s grandfather, and several other men. The group, traveling in a horse-drawn covered wagon with extra saddle horses, a small cattle herd, and a milk cow, spent six weeks traveling from Breckenridge to Avon, arriving on May 14, 1882. The same trip would take about an hour today. Temporary quarters were set up in a tent while the able-bodied men cut logs for a cabin, which Metcalf situated just northeast of where West Beaver Creek Boulevard crosses the Eagle River today. That first sod-roofed cabin, built of unpeeled logs about 16 inches in diameter, measured 20 by 20 feet. Entrance through the wooden door was gained by pulling up a wood bar with a buckskin latch string. The latch could be pulled inside at night to lock up. The solitary window featured eight panes of wavy glass, which in the years to come the three Metcalf children would remember refracting the light into rainbows. Heavy canvas covered the hard-packed earthen floor. While many pioneer cabins offered only logs to sit on, the Metcalfs enjoyed actual chairs, the worn rattan seats covered with deer hide. In 1887, the railroad reached Avon. The new depot was nearly one mile east of the cabin, but the tracks were laid so close to their home that the Metcalfs feared for their children’s safety. They built another cabin in 1887, a quarter mile away. The original Metcalf cabin was used to house the first school in Avon. On June 2, 1890, John Metcalf filed homestead claims on 240 acres of land at Avon. He added another 160 acres on August 18, 1893.The men who came to the valley with Metcalf settled farther down valley, near Eagle. All became prominent in the county. Metcalf was one of the first three county commissioners when Eagle County was established in 1883. Like most pioneers, John Metcalf was restless, always seeking new adventure. In 1896, he was drawn to Alaska by the Klondike Gold Rush. He disappeared in Alaska and was declared dead in 1898 at the age of 47. Lizzie and the children moved to her parents’ prosperous ranch in Eagle. Lizzie Metcalf died in 1908 and is buried in Edwards. The Avon pioneer family’s name lives on in Metcalf Creek, Metcalf Road, Metcalf Gulch, and their cabin which was moved to its current location in Harry A. Nottingham Park in 1984. The Metcalf family, circa 1890, were some of Avon’s earliest pioneers. From left are Lizzy Metcalf, children Emma, John and Amy, and John Conard Metcalf. (Photo courtesy of Eagle County Historical Society and Eagle Valley Library District) LOCATION #3 Harry, Marie, and daughter Winifred with his Haynes automobile, circa 1916. Harry A. Nottingham, circa 1955 after irrigating at Colorado State University’s experimental farm, known locally as “the college farm,” which is now EagleVail. Harry A. Nottingham (1890 – 1966). HARRY A. NOTTINGHAM PARK Harry Arnold Nottingham was the hard-working son of a pioneer family that rolled into the mining camps of Eagle County in a covered wagon in 1882 during the silver mining boom. In 1886, Harry’s parents, William and Angeline, paid $800 for a 160-acre homestead on the north side of the Eagle River where Eagle Vail sits today. The Nottinghams initially split their time between the Battle Mountain mining camps and their down-valley homestead, raising five children. Harry was born July 8, 1890 at Bell’s Camp, located between Gilman and Minturn. By the mid-1890s, the Nottinghams were well-established cattle ranchers in what is now Avon. Harry’s father, William, continuously expanded the ranch by acquiring adjacent properties where they raised cattle, oats, wheat, and hay. Working on the ranch precluded Harry from schooling after the eighth grade. Notoriety dogged William, who had a history of aggression and litigation. He was killed in a gun fight with his business partner in 1896. Twenty years later, the family matriarch, Angeline, split the Nottingham property among William’s three sons, Clyde, Harry, and Emmett. Scandal would later force Clyde to leave the area. On Jan. 2, 1909, Harry eloped with W. Marie Cole, daughter of the Avon railroad station agent, who objected to the marriage and to the Nottingham family in general. The couple sneaked off to a wedding ceremony in Leadville, travelling separately by train. Harry proved to be a stable husband, industrious farmer and rancher, and engaged community leader. Harry and Marie had six children: Winifred, Clare, Harry Arnold Jr., Carol, Mauri and Allan. Harry served on the school board for 28 years, participated in the local stockmen’s and grower’s associations, and managed the Avon-Minturn baseball team. In 1933, he was elected Eagle County Commissioner, campaigning on promises of careful use of tax money and improvement of County roads. With the exception of one term, Harry Nottingham served as a commissioner continuously for 32 years. He was a progressive, promoting good roads, better bridges, and development of a County airport. In 1941, Harry cut the ceremonial ribbon for the opening of the new highway over Vail Pass. It was Harry who first suggested naming the pass after State Highway Engineer Charles Vail. While dedicated to his county job, Harry ran a productive ranch in Avon raising cattle, sheep, hay, oats, potatoes, and row crops such as head lettuce and peas. He typically rose at 4 a.m. to irrigate fields or tend livestock and crops before returning home to dress in a suit, happily motor to Eagle in his automobile, and tend to commissioner business. Harry retired from public life in 1964 and died in 1966 at the age of 76. Harry and Marie’s sons, Arnold and Allan, continued ranching in Avon until 1972 when their extensive land holdings were sold for development. Those lands became the Town of Avon when the municipality was incorporated on May 5, 1978. This park, a beloved community gathering place since 1979, is named after Harry to honor his life-long service to this community. (Photos courtesy of the Mauri Nottingham Collection) LOCATION #4 AVON’S HOMESTEAD Before Avon became a bustling resort community, this was farm and ranch country. Just a few families made a living on the land that is now home to well over 6,000 people. The Homestead Act, signed by President Abraham Lincoln on May 20, 1862, granted 160-acre plots of public land for the price of a small filing fee and the promise to build a dwelling and cultivate the land. This law spurred Western migration by giving people the opportunity to become landowners. The success of homesteading in Colorado, granted statehood on July 4, 1876, displaced the native Utes who were forcibly removed in 1882 to allow more settlers into the area. Also in 1882, homesteaders O.P. and J.L. Herwick jointly claimed a parcel in the middle of the Eagle River valley presently known as Avon. They started to “prove up” (improve) their homestead as required by law. They cleared, plowed, and planted acres of land, built simple cabins, and constructed barns and corrals for raising livestock. Proximity to water was especially valuable for irrigation and livestock. William H. Nottingham paid $800 for the Herwick homestead in 1886. William and his wife, Angeline, had lived at the silver mining camps on Battle Mountain where he hauled ore from the mines and timber from the forests with his wagon and team of horses. In Avon William raised hay and cattle to feed the miners. William partnered with Peter Puder and Ernest Hurd to expand their holdings by acquiring adjacent homesteads including those of early pioneers John Metcalf, William Swift, and Oscar Traer. In 1941, Harry A. Nottingham, one of William’s sons, replaced cattle with sheep. Land was also irrigated for crops including potatoes, head lettuce, grain, and hay but farming and ranching was hard work, unpredictable, and not always profitable. Weather could play havoc with the crops, coyotes and bears were a constant concern, and market prices were volatile: one year Harry made a profit of just 47 cents on 330 sacks of potatoes shipped by rail to Texas. In the early 1970s through 1990s, the ski industry and developers came knocking, and the Nottingham ranches were sold. The Harry A. & Marie Nottingham ranch, circa 1920, with view south from Buck Creek to Willis Nottingham’s ranch which is now the Beaver Creek ski resort. (Photo courtesy of Eagle County Historical Society and Eagle Valley Library District) LOCATION #5 AVON’S CASH CROP: HEAD LETTUCE In 1921, Eagle Valley ranchers turned their attention from raising cattle to a new agricultural venture: head lettuce. In a high mountain environment, this leafy vegetable proved a perfect fit for Avon and its surrounding area. Head lettuce thrives at elevations of 7,000 to 9,000 feet and on slopes boasting dark, loamy soils and abundant water. Sunny days and dependably cool nights formed crisp, hard heads of lettuce. The growing season was a mere 90 days from seeding to harvest so plantings were staggered for a more manageable yield. Local growers branded their produce as “Evercrisp” and “Mountain Iceberg” to evoke the image of the ideal head of crisp iceberg lettuce. This crop worked well for small-scale homestead farming. One man could tend five or six acres, only needing help for thinning and harvesting. In good years, farmers raised 500 crates of lettuce per acre. Top market price was $42.25 per crate. In 1924, Eagle County led the state in lettuce production: the yield from 940 acres was packed in more than 50,000 crates, 20,000 of which were shipped from Avon. The crop at the Frank Terrill ranch, on the east edge of current day Avon, was declared “best lettuce of the valley.” At harvest time, heads were cut early in the morning, placed into field crates, and driven to the packing sheds adjacent to the Denver & Rio Grande Railroad tracks near the Avon depot. Workers trimmed, graded, and re-packed the lettuce in large shipping crates between layers of crushed ice. Refrigerated rail cars delivered to markets around the country lasting up to three weeks. Availability of ice throughout the summer shipping season was critical. Each winter, large blocks of ice were cut from the headwaters of the Eagle River at Pando located to the south. Blocks were stored in ice sheds near the railroad tracks for use throughout the summer. For about two decades, Avon’s lettuce industry thrived however the small rural farms could no longer compete when a hybrid seed enabled large-scale head lettuce production at lower elevations. Lettuce was packed in ice and stored in crates in this shed on the east spur of the D&RGRR at Avon, awaiting shipment by refrigerated rail cars. Family members were often the field workers who helped tend lettuce crops. (Photos courtesy of the Eagle County Historical Society and Eagle Valley Library District) LOCATION #6 HAHNEWALD BARN The history of the Hahnewald barn is a classic Eagle County pioneer tale. Albert Hahnewald, a German immigrant with little formal education, joined his four bothers in Leadville in the mid-1890s. Energetic and willing to take risks, the Hahnewalds began mining silver, finding a particularly lucrative vein that became famous throughout Colorado as the Hahnewald Chute. The ambitious brothers, recognizing the many needs of a mining community, also ranched and owned a grocery store, bakery and saloon in Leadville. Seeking economic diversity, in 1908 Paul Hahnewald purchased 160 acres of land (the original John Conard Metcalf homestead) in the heart of Avon for $10,000. On the same date as the land transfer Paul paid an additional $10,000 for a substantial number of items related to ranching operations including eight horses, 64 head of cattle, wagons, a buggy, a mower, a hay stacker, sleds, harnesses, plows, harrows, cultivators and other equipment. The deal included a blacksmith shop complete with anvils, bellows and tools. Paul sold all the newly acquired assets to his brother Albert and his wife, Frances, for $9,000 and the Hahnewald Land and Livestock Company was established. The Hahnewalds expanded the Metcalfs’ log cabin as their residence and then constructed a large (30 x 125 feet) wood barn in about 1910. The upper level of the barn was for hay drying and storage and the lower level for sheltering livestock. The barn supported an extensive ranching operation - 900 acres with horses, hogs, and 1,000 head of purebred Hereford cattle. In 1915, Hahnewald moved his ranching operation west towards Edwards, and sold his Avon property, including the large barn, to another German immigrant, Paul Kroelling, for $15,000. Hahnewald died unexpectedly at age 51 during the influenza pandemic of 1918. For the 33 years that Kroelling owned the ranch, the farmstead was further expanded. A belfry was added to the house to call field hands to meals, and the barn was occasionally used for community gatherings, its sturdy wooden floors making an ideal dance floor. Kroelling raised cattle and sheep, pasturing the animals along the Eagle River and at the higher elevations of the Piney Divide. A typical year, like the fall of 1917, would see the Kroellings busy harvesting 90 acres of well-irrigated land planted with 12 acres of potatoes (producing 200 sacks of potatoes per acre), 30 acres of oats, and the remainder in hay at four tons per acre. The hay, feed for the Kroellings’ cattle, was stored in the barn’s large upper floor loft. An overhead wheeled Louden Hay Carrier (patented 1894) moved hay along a rail through the huge hay door on the west end of the barn In 1948, the barn became the property of another prominent Avon rancher, Harry A. Nottingham, when he added the Kroelling property to his extensive land holdings. The Nottinghams ran sheep on the property, housing the ewes and lambs on the barn’s lower level to give them easy access to the Eagle River for watering. Although ranching in Avon ended in 1972 with the sale of the land to Benchmark-Avon Properties, the barn survived another 47 years. It became an integral part of the Eagle River Water and Sanitation District wastewater treatment plant as a parts and equipment storage facility. The District, recognizing its functionality as well as its place in Avon’s history, maintained the barn until it was demolished in 2019 to make room for an expansion of the treatment plant. Efforts to relocate the Hahnewald Barn by local historic preservationists and the Town of Avon were ultimately unsuccessful. The logistical and financial challenges of moving and repurposing a structure of its age and size proved insurmountable. The large door and Louden Hay carrier on the barn’s west end provided access to vented hay loft storage. In 1985, the Eagle River Water and Sanitation District purchased the barn and repurposed it for parts and equipment storage until its demolition in 2019. Albert Hahnewald painting the original Avon bridge prior to his move to Edwards in 1915. (Photo courtesy of the Hahnewald family) LOCATION #7 THE DENVER & RIO GRANDE RAILROAD The railroad was the key to Eagle County’s early success in mineral and agriculture production. In 1881, the Denver & Rio Grande Railroad (D&RG) extended service from Pueblo on the Front Range of Colorado to Rock Creek, just below Gilman, about 12 miles upstream from Avon on the Eagle River. The tracks dead-ended there. The railroad company, while eager to serve Leadville and the mining camps on Battle Mountain, did not initially have the money or the interest to extend tracks through the fledgling ranching operations down the length of the Eagle River Valley. That changed in 1886 when the Aspen silver mining boom kicked the D&RG and the Midland railroads into a high-stakes race to that bustling mining camp. Property rights were purchased, and hundreds of men were hired. Ten months of furious construction in 1887 extended the narrow-gauge railroad line along the Eagle River and all the way to Glenwood Springs. In 1890 the rails were upgraded to standard gauge to better handle the large engines and heavy trains needed to make the arduous trip through the Rocky Mountains. The earliest documented use of the name “Avon” appeared on a D&RG route map in 1888. A small depot was constructed on the siding south of the tracks near today’s intersection of Avon Road and Hurd Lane. It featured a small stockyard and a wooden crane for transferring mail bags to and from the train while in moti on. Workers bunked in the section house. Smiley Cole was the D&RG’s railroad station agent. The ranchers and farmers of the area rejoiced. The railroad efficiently connected the Eagle Valley with the rest of the nation, allowing larger shipments of livestock, crops, ore and timber to market. Numerous passenger and freight trains traveled daily along this route. Locals could easily and affordably hop on a train to visit relatives and neighbors down valley, attend the Strawberry Festival in Glenwood Springs, or tend to business up the line in the county seat at Red Cliff. Railroad lines through the valley were busy through the early 1940s. After World War II, the federal government shifted its spending from railroads to highways; cars and trucks became the preferred modes of transportation and railroad traffic slowed. In 1990 the D&RG merged with the Southern Pacific Railroad, which in turn was absorbed into the Union Pacific Railroad. Expensive to maintain and operate in the modern age, rail traffic on what is now called the Tennessee Pass line halted in 1997, bringing rail traffic through the valley to a standstill. Since then, there has been periodic interest in resurrecting the rail line for freight, passenger, or recreational uses. The cost and competing interests of various stakeholders have stymied these efforts to date, so only time will tell whether trains will ever rumble through Avon again. A coal-fired locomotive steams past the Avon stock yard and depot, circa 1920. Nearby, Emmett & Myrtle Nottingham’s white farmhouse can be seen. A crew of railroad section workers pose at the Avon depot with the passenger- powered hand car, used for rail maintenance work, circa 1910. (Photo courtesy of the Eagle County Historical Society and Eagle Valley Library District) LOCATION #8 Men with lettuce crates on the south end of Avon’s second bridge, circa 1928. Mildred Howard and her horse, Dot, on Avon’s first bridge, circa 1920. AVON’S BRIDGES River crossings were especially challenging for early pioneers, their wagons, and horses. Archival records indicate that early Avon settlers forded the river where shallow waters permitted. Faint remains of a primitive road on the south bank of the Eagle River can be seen about 200 yards west of the Avon Road bridge in use today. It leads to a shallow point in the river – the ford – that was a convenient crossing point below the original schoolhouse perched above the river. By 1899, enterprising pioneers had built the original wooden Avon bridge, which crossed the Eagle River at this location. The pioneer structure, featuring a center pier, was suspended about 10 feet above the river. That bridge was replaced by Avon’s second bridge, also wooden, in 1923 at a cost of $10,165. The Lewis brothers, who apparently lived nearby, did the extensive dirt work for the second bridge’s approaches. The second bridge served the community until 1971, when heavy trucks damaged the decking and support brace. Eagle County replaced it with an Army Corps of Engineers prefabricated steel bridge. The current bridge, named “Bob” by a construction worker who won the town’s “name that bridge” contest, was built in 1991. (Photos courtesy of the Eagle County Historical Society and Eagle Valley Library District) LOCATION #9 HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 15, 2022 Hybrid Meeting Format HEALTH AND RECREATION COMMITTEE MEETING MINUTES, MARCH 15, 2022 PAGE 1 | 3 1. ROLL CALL Present- Committee Members: Committee Chair Tom Kiddoo, Committee Vice Chair Pat Nolan and Committee Member Kathy Ryan Staff: Recreation Director of Recreation Michael Labagh, Recreation Services Superintendent Jerrica Miller, Aquatics Superintendent Kacy Carmichael, Town Manager Eric Heil and General Government Intern Emily Myler. Town Council: Councilors Scott Prince and Lindsay Hardy Absent- Committee members: Pam Warren Town Council: Mayor Sarah Smith Hymes. Committee Chair Tom Kiddoo opened the meeting at 1 0:01 a.m. 2. APPROVAL OF THE AGENDA Recreation Director Labagh changed item 5.4, Harry A. Nottingham Park and Pocket Park improvements discussion to exclude discussion of Harry A. Nottingham Park and focus only on the pocket parks. 3. APPROVAL OF THE NOVEMBER 2022 MEETING MINUTES Committee Chair Tom Kiddoo made a motion to approve the minutes from the January 18, 2022 meeting. Committee Vice-Chair Pat Nolan seconded the motion and Chair Kiddoo declared the minutes approved. 4. PUBLIC COMMENT No public comments were made. 5. BUSINESS ITEMS 5.1 Recreation Department update Recreation Director Labagh updated the Committee on the Recreation Center. He said visits have increased since December 2021. Monthly revenue is close to what it was in 2019, before the COVID -19 Pandemic. The Recreation Center has changed some of its operations due to short staff, including shorter pool hours, cancelled swim lessons, and removing birthday party rentals. Summer Ca mp registrations will open for Avon residents first, then for County residents and then non-residents. Recreation Superintendent Miller said she is also looking at building relationships with local teens to offer the kind of programming they want. The Recreation Department has received a grant from the State of Colorado to enhance their existing childcare program. The fitness schedule has increased and will continue to do so as the Recreation Department gains more teaching staff. The Committee Commented/inquired: A. Are the swim lessons a large source of revenue? B. Does childcare include the Summer Camp, or is it separate? Recreation Director Labagh said the swim lessons are a large source of revenue, and also an important resource for the community. He hopes as staff increases the department can offer more group lessons. Recreation Superintendent Miller said the childcare grant can support programs like Summer Camp. Half of the funding must go to the parents of children using the programs. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 15, 2022 Hybrid Meeting Format HEALTH AND RECREATION COMMITTEE MEETING MINUTES, MARCH 15, 2022 PAGE 2 | 3 5.2 Health and Recreation Committee Recruitment Recreation Director Labagh went over the process to recruit new members of the Committee The Committee commented/inquired: A. How many new members will be added? B. Have there been any applicants from the Latinx community and ma y be bilingual? Recreation Director Labagh said the Committee can seat up to nine members, and now has four, so up to five new members could join this year. He has recruited a couple Recreation Center visitors from Avon’s Latinx community. 5.3 Recreation Center Survey Recreation Director Labagh went over the timeline to deploy a survey to Recreation Center patrons and showed the draft survey for comments. Committee Member Warren, who was absent, had submitted feedback prior to the meeting to add a question regarding cleanliness of the facility and increasing parking patrol in the parking lot, and to remove the question to offer a free towel service as it poses a health risk for staff and wastes water. He asked the Committee if they agreed with this feedback. The Recreation Survey will reference the 2021 Community Survey and incorporate feedback it gathered from the community at large. The Survey will be sent to everyone who has registered on the new online platform. The Committee commented/inquired: A. Free towels don’t seem important for patrons, people should be bringing their own towels B. The Survey looks simple enough that it won’t deter people from taking it C. How have the community impacts of COVID -19 impacted the operations, use and goals of the Recreation Center? Recreation Director Labagh said development of the Main Street Mall, population increases, and other trends are impacting the Center’s planning. He will continue to keep the Committee updated on planning and solicit their comments and feedback. 5.4 Pocket Park Improvements Recreation Director Labagh said the 2021 Community Survey provided feedback on the three pocket parks, but no improvements have been made as of yet. Overall, the Survey respondents liked the pocket parks and requested general upgrades, although some said they didn’t realize they existed or requested better dog waste control. Hopefully this year the Town can perform some needed maintenance, work to get the word out about their existence to those who don’t know about them and work with Police to better control dog waste. The Committee commented/inquired: A. What is the definition of a “park” for example, why is Possibilities Plaza not considered a “park?” Recreation Director Labagh said he didn’t know how the Town defines a “park” but it could be important to consider which areas of town are labelled so and how that compares to peer communities. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, MARCH 15, 2022 Hybrid Meeting Format HEALTH AND RECREATION COMMITTEE MEETING MINUTES, MARCH 15, 2022 PAGE 3 | 3 5.5 Adopted Recreation Department Goals Recreation Director Labagh said all the goals are labelled “tier 1” and should be complete d this year. He went over the timeline to reach each goal. 6. O THER ITEMS OF B USINESS AND C OMMITTEE COMMENTS Committee Member Ryan asked if there was a plan to prevent fish kill in Nottingham Lake as it defrosts, causing carcasses to show up around the Lake. Recreation Director Labagh said his department doesn’t have a plan to prevent this, but he would check with the Public Works Department to see what they are planning. 7. A DJOURNMENT Committee Chair Kiddoo motioned to adjourn the meeting and Committee Vice Chair Pat Nolan seconded the motion. Committee Chair Tom Kiddoo declared the meeting adjourned at 10:49 a.m. Respectfully Submitted by Emily Myler General Government Intern 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, APRIL 5, 2022 1. CALL TO ORDER AND ROLL CALL THE MEETING WAS CALLED TO ORDER AT 5:07PM. A ROLLCALL WAS TAKEN, AND ALL COMMISSIONERS WERE PRESENT EXCEPT FOR COMMISSIONER BARNES AND COMMISSIONER GOLEMBIEWSKI. ALSO PRESENT WERE PLANNING DIRECTOR MATT PIELSTICKER, SENIOR PLANNER JENA SKINNER, AND PLANNER 1+ MAX MORGAN. 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 LANIOUS, 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. 240 CHAPEL PLACE / VARIANCE AND SIGN PLAN – CONTINUED 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) PUBLIC COMMENTS: NONE. 1ST ACTION: COMMISSIONER SEKINGER MADE A MOTION TO APPROVE THE SIGN VARIANCE APPLICATION (VR22001) WITH THE FOLLOWING FINDINGS: 1. WITH A LARGE STOREFRONT SIZE, THE CIRCUMSTANCES OF THIS SITE ARE GENERALLY NOT APPLICABLE TO OTHER SITES IN THE VICINITY AND THEREFORE DO NOT CONSTITUTE A SPECIAL PRIVILEGE. 2. THE VARIANCE IS WARRANTED BECAUSE STRICT INTERPRETATION OF THE SIGN CODE MAXIMUM SQUARE FOOTAGE WOULD RESULT IN A PRACTICAL DIFFICULTY INCONSISTENT WITH THE OBJECTIVES OF THE SIGN CODE. 3. GIVEN THE SCALE OF THIS BUILDING FRONTAGE, IT IS REASONABLE TO ALLOW THIS OWNER THE SAME BENEFIT AND PRIVILEGES ENJOYED BY THE OWNERS OF OTHER PROPERTIES IN THE VICINITY IN HAVING SIGNS THAT ARE IN PROPORTION TO THE STOREFRONT OF THIS EXCEPTIONAL BUILDING. COMMISSIONER MACALLISTER SECONDED THE MOTION AND MOTION PASSED WITH A 3-2 VOTE; COMMISSIONERS LANG AND LANIOUS IN OPPOSITION. 2ND ACTION: COMMISSIONER MACALLISTER MADE A MOTION TO APPROVE THE SIGN DESIGN APPLICATION (SGN22001) WITH THE FOLLOWING FINDINGS: 1. THE PROPOSED APPLICATION WAS REVIEWED IN CONFORMANCE WITH CHAPTER 7.34 SIGN CODE AND AS IT IS FOUND TO BE CONSISTENT WITH THE REQUIREMENTS OF THIS CHAPTER COMMISSIONER SEKINGER SECONDED THE MOTION AND MOTION PASSED WITH A 3-2 VOTE; COMMISSIONERS LANG AND LANIOUS IN OPPOSITION. 5. CONSENT AGENDA 5.1. APPROVAL OF MINUTES FROM MARCH 15, 2022 PZC MEETING ACTION: COMMISSIONER LANG MADE A MOTION TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER SEKINGER AND THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE. 2 6. STAFF UPDATES 6.1. SWIFT GULCH EMPLOYEE HOUSING 6.2. PZC TERMS 6.3. EAGLE COUNTY LAND INVENTORY PROJECT 6.4. MCGRADY ACRES 6.5. LA ZONA 7. STAFF APPROVALS 7.1. 5391 FERRET LANE, UNIT B ROOF (MNR22007) 7.2. 2150 LONG SPUR, UNIT B LANDSCAPING (MNR22003) 7.3. 5650 WILDRIDGE ROAD, DECK EXPANSION (MNR22006) 7.4. 4310 EAGLEBEND DRIVE, DOORS AND WINDOWS (MNR22005) 7.5. 48 E. BEAVER CREEK BOULEVARD, NEW ARK BUILDING SIGNS (SGN21010) 8. ADJOURN THE MEETING WAS ADJOURNED AT 6:07PM. 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 AUDIO RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST. RESPECTFULLY SUBMITTED Max Morgan pg. 1 To: Avon Town Council From: Amy Cramer Phillips Date: April 7, 2022 Re: USPS Regional Meeting Recap On Thursday, March 31 I attended a meeting, via Zoom, regarding the USPS. This was a follow up meeting with staff from USPS HQ and the CO/WY regional office. In addition to the USPS Officials federal staff from Senator Hickenlooper’s office, Congressman Neguse’s office and Senator Bennet’s office who coordinated the effort. The format for was: USPS will kick off the meeting and then hand it over to towns who each had approximately 3 minutes each. Order of Speakers from Towns 1) Town of Avon, Mayor Pro-tem Amy Cramer Phillips 2) Town of Eagle, Councilman Geoff Grimmer 3) Town of Parachute, Mayor Roy McClung 4) Town of Gypsum, Manager Jeremy Rietmann 5) Town of Buena Vista, Administrator Phillip Puckett 6) Town of Silverthorne, Manager Ryan Hyland 7) Town of Vail, Manager Scott Robson 8) City of Steamboat Springs, Routt Commissioner Tim Corrigan (joining in place of Council Pro Tem, Heather Sloop) 9) Town of Crested Butte, Manager Dara MacDonald The USPS Representatives presented their information and progress made since the first meeting in February. There is a new plant manager in C. Springs where much of the region’s mail is sorted. I do not know if Avon is affected by this or not. Steamboat will be getting cluster box delivery to its new community housing properties. In this light I think for both Swift Gulch and Lot Y we should pursue getting cluster boxes with delivery. I also think we should meet with the developers of Piedmont to see if they pursued cluster boxes, how that process went and if they would like to look at adding them as a community amenity. I spoke to Matt P. before the meeting, and he did not have any information or recollection on the pursuit of cluster boxes. Through the course of the meeting cluster boxes were brought up by several locations, including me, and my overall impression is this may be an area that the USPS is willing to pursue at this time and moving forward. The USPS is putting in a system where PACKAGES sent to a street address will be researched to see if they have a PO box, if they do, they will be processed to the PO Box. I think this is good progress, let’s see how it pans out. Letters will be returned without any research. pg. 2 They reported that in the last 6 months the Avon PO is down 2 employees after hiring 2, who left within the 6 months. 1. They reported out similar situations at other location 2. During the course of the meeting various location representatives went back to retention and pay issues. 3. The PO now starts new hires in our locations with full benefits, but the pay is still only $19.xx per hour. 4. I think it would be helpful to learn if they do exit interviews and if the cost of living is a major problem, or is it bad management. Going first I touched on several items: I pointed out the ridiculousness of not providing data to the locations regarding the validation of their service level. 1. I asked that this be provided to all locations who think they have a service level problem and the USPS says they don’t. 2. During the course of the meeting several other locations referred back to my questioning how a public monopoly could possibly have trade secrets. 3. By the end we were basically told if we want that information we need to do a FOIA request. a. I think we need to do that. b. The discussion about this got very heated, but not because of input I provided. I also discussed the seasonality of our PO problems and that we need to be ramped up for next November when this happens again. 1. I mentioned the poor maintenance of the parking lot during winter and that the sidewalk was not cleared and created a dangerous situation when I walked to the PO. 2. During the course of the meeting several others touched on the cleanliness, safety and maintenance of the properties and the pathetic appearance the PO has in most locations. I asked for the signage in the Avon PO to be in both English and Spanish as our population is 50% Spanish speaking. I asked if a QR code could be posted in the facility that provided the information about how to address a package, register for a PO box, etc. in a variety of languages and I pointed out that we have many J1 who speak many languages other than Spanish and English such as German, Polish, Checz, Russian and other European languages. 1. During the meeting several others brought this up as a reall good idea as they too have many J1 with a variety of languages. I do not recall if I pointed out that we did not get slips about how to address a package in our PO boxes. Sorry, I was concerned I had used up my 3 minutes. There were several Locations who do not get free mail boxes. 1. This got very contentious as the USPS said the communities had been “offered street delivery” at some point in the past and the communities declined. 2. The locations pushed back hard on this as the USPS did not have documentation and could not state when that happened. 3. I can only imagine that these “offers” were made decades ago and that the communities are very different now. pg. 3 4. I am not sure of all of the communities that pushed back on this, but Beuna Vista is one and I agree with the communities deserving free boxes. There were also challenges with timeliness and delivery and return of Ballots for an election. Also challenges with water bills going out and not being delivered in a timely fashion. 1. I know we used to have a slot for “Avon” letters that would be sorted on site. I think we should ask about that. 2. As you may be aware if I take Avon zip code postcards or letters to the counter they put them somewhere so they are sorted and delivered on site. 3. This should be a standard at all PO and I don’t think it is. I do this in Edwards & Vail as well, there are no longer mail slots marked “Avon Only” or “Vail Only” and there used to be. Vail mentioned again that the USPS site is prime for redevelopment and could also include housing for USPS workers. Vail mentioned that early childcare facility could go in this redevelopment. 1. I put in the chat box that Avon was in a similar situation. 2. There was one other community who is also in a similar situation 3. I think a sub committee about potential redevelopment would be a good idea. James Boxrud from USPS mentioned he was very familiar with Avon as he had been at the Avon PO about 10 years ago. My big takeaway is that we need to spend the summer fixing what we can and ramping up the on property posting of information (how to address you package and how to get a PO Box for free) so that people standing in line can access it with their smart phones. It was agreed that there will be another meeting in 4 – 6 weeks.