Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
TC Packet 04-26-2022
_______________________________________________________________________________ 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 26, 2022 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 5:00 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request an additional one (1) minute, which may be approved by a majority of Council. 5. BUSINESS ITEMS 5.1. Public Hearing: Regional Transit Authority (Town Manager Eric Heil and Chief Mobility Officer Eva Wilson) (25 Minutes) 5:05 5.2. Appointment of Planning and Zoning Commission Members (Planning Director Matt Pielsticker) (30 Minutes) 5:30 5.3. First Reading Ord 22-08 Adopting Short Term Rentals Licenses (Town Manager Eric Heil) (60 Minutes) 6:00 5.4. First Reading Ord 22-09 Amending the Short Term Rental Overlay District and Creating a Resident Occupied Short Term Rental Overlay District (Senior Planner Jena Skinner) (60 Minutes) 7:00 5.5. Public Hearing: Second Reading Ord 22-05 Speed Limit for Off Highway Vehicles (OHV) in the Wildridge Subdivision (Police Chief Greg Daly) (5 Minutes) 8:00 5.6. Public Hearing: Second Reading Ord 22-06 Extension of Renewable Energy Tax Credit (Town Manager Eric Heil) (5 Minutes) 8:05 6. MINUTES 6.1. Approval of April 12, 2022 Regular Council Meeting Minutes (Deputy Town Clerk Brenda Torres) (5 Minutes) 8:10 7. WRITTEN REPORTS 7.1. Monthly Financial Report (Finance Manager Joel McCracken) 7.2. 1st Quarter RETT Report (Finance Manager Joel McCracken) 7.3. E-Bike Share (Chief Mobility Officer Eva Wilson) 7.4. Colorado Child Care Stabilization Grant (Recreation Director Michael Labagh) 7.5. First Quarter Update on Department Goals (Town Manager Eric Heil) 7.6. ¡Mi Casa Avon! Update (Intern Emily Myler) 7.7. Quarterly Update on E-Bike Incentive Program (Communications Manager Liz Wood) 7.8. April 19, 2022 Planning and Zoning Commission Meeting Abstract (Planner 1+ Max Morgan) ** Indicates topic will be discussed at future agenda’s 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:15 9. ADJOURN 8:30 _______________________________________________________________________________ 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. 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 a genda 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 t o 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 • 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 Ov erview (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 Manag ement (Town Manager Eric Heil) 5/24 • Work Session: Landscape Regulations (Planning Director Matt Pielsticker) 5/24 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Work session: Regional Transit Authority – Establishing an IGA DATE: April 12, 2022 SUMMARY: This report provides an update on the Regional Transit Authority (RTA) formation effort and the 1st review of the draft Intergovernmental Agreement (IGA.) The 2nd hearing and approval of the the IGA is scheduled for May 10, 2022. As part of the formal process of setting up an RTA as defined by State law, the local governments involved in establishing the RTA must work together to create an IGA. The IGA is a legal document that sets forth the governance, service goals, and other key operating provisions of the RTA. The IGA must be agreed upon by the elected Councils and Boards in each community. Ultimately, voters must agree to the formation of the RTA and any taxing or bonding requests made to provide funding for the RTA’s services and operations. The IGA approval process requires two separate public hearings to be held in each jurisdiction considering adopting the IGA. The public hearings will provide details about the proposed RTA and the draft IGA for the creation of the Eagle Valley Transportation Authority, and feedback from the Council and the public will be shared with the RTA formation committee to help address local community needs and concerns. Background on the RTA formation effort can be found in attachments C and D. REQUESTED COUNCIL DIRECTION: Provide feedback and confirmation the proposed draft IGA is consistent with Town goals and is desired. Thank you, Eric ATTACHMENT A: Draft IGA ATTACHMENT B: RTA IGA Presentation ATTACHMENT C: Aug 24, 2021, Council Work Session - RTA Formation MOU ATTACHMENT D: Feb 22, 2022, Council Update - RTA Formation April 2022 Draft (Public Hearing #1) EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT by and among BEAVER CREEK METROPOLITAN DISTRICT TOWN OF AVON, COLORADO EAGLE COUNTY, COLORADO TOWN OF EAGLE, COLORADO TOWN OF GYPSUM, COLORADO TOWN OF MINTURN, COLORADO TOWN OF RED CLIFF, COLORADO and TOWN OF VAIL, COLORADO Dated as of [May 31, 2022] Providing for the establishment of the “Eagle Valley Transportation Authority” as a Colorado Regional Transportation Authority pursuant to the Regional Transportation Law, Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended. April 2022 Draft (Public Hearing #1) i TABLE OF CONTENTS Page DEFINITIONS ............................................................................................................2 ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS ...............4 BOARD OF DIRECTORS .........................................................................................7 ADVISORY COMMITTEES ...................................................................................10 OFFICERS ................................................................................................................10 POWERS OF THE AUTHORITY ...........................................................................12 FUNDING THE AUTHORITY................................................................................15 REORGANIZATION ...............................................................................................16 MEMBERS ...............................................................................................................17 TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION .................18 DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES .....................................................................................19 AMENDMENTS ....................................................................................................19 MISCELLANEOUS ...............................................................................................20 April 2022 Draft (Public Hearing #1) EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT THIS EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into as of [May 31, 2022] by and among the BEAVER CREEK METROPOLITAN DISTRICT, the TOWN OF AVON, COLORADO; EAGLE COUNTY, COLORADO; the TOWN OF EAGLE, COLORADO; the TOWN OF GYPSUM, COLORADO; the TOWN OF MINTURN, COLORADO; the TOWN OF RED CLIFF, COLORADO; and the TOWN OF VAIL, COLORADO (together the “Initial Signatories”). RECITALS WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (the “Act”), Colorado counties, municipalities, and special districts with street improvement, safety protection, or transportation powers, are authorized to establish, by contract, regional transportation authorities, which, upon the satisfaction of the conditions set forth herein, are authorized to finance, construct, operate and maintain regional transportation systems; WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended (the “Intergovernmental Relations Statute”), and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; WHEREAS, the Initial Signatories are a Colorado county, a Colorado special district, and certain Colorado municipalities located within the boundaries of Eagle County that desire to form a regional transportation authority to serve the greater Eagle River Valley community pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating, and maintaining regional transportation systems; WHEREAS, enhancing regional transportation services for Eagle County residents, businesses and visitors is a crucial step in meeting the communities’ workforce, economic and climate goals, and regional transportation services support Eagle County socially and economically, helping employees get to work safely and visitors to enjoy their Eagle County experience; WHEREAS, the signatories of this Agreement wish to work toward collaborative solutions that will increase transportation and transit options throughout the greater Eagle River Valley, as well as increase air connections to the Eagle River Valley; WHEREAS, extensive input from local businesses, employees, nonprofits and community members have made clear that the creation of a Regional Transportation Authority (“RTA”) is a April 2022 Draft (Public Hearing #1) 2 desirable way to plan, finance, implement and operate a more comprehensive regional transportation system that better meets the needs of communities; WHEREAS, an RTA serving the greater Eagle River Valley is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to the valley’s visitors and employee base, strengthen the connection between the valley’s different communities, and advance local climate action goals by reducing car trips and increasing the use of low or zero emission public transportation; and WHEREAS, transit services promote independent living for the elderly and the disabled by providing essential links to medical, social and other services, and the region recognizes the need to improve mobility options for all segments of the population. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth below, the Initial Signatories hereby agree as follows: DEFINITIONS Definitions from the Act. The following terms shall, when capitalized, have the meanings assigned to them in Section 602 of the Act: “Bond,” “Construct,” “Construction,” “County,” “Municipality,” “Person,” “Regional Transportation Activity Enterprise,” “Regional Transportation System,” and “State”. Other Definitions. The following terms shall, when capitalized, have the following meanings: “Act” is defined in the Recitals. “Advisory Committee” means two or more persons appointed by the Board pursuant to Article 4 of this Agreement for the purpose of providing advice to the Board. “Agreement” means this Eagle Valley Transportation Authority Intergovernmental Agreement, as amended from time to time in accordance with the terms contained therein. “Alternate Director” means any person appointed as an Alternate Director pursuant to Section 3.03 of this Agreement. “Authority” means the Eagle Valley Transportation Authority, a separate political subdivision of and body corporate of the State established pursuant to this Agreement as a regional transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. April 2022 Draft (Public Hearing #1) 3 “Authority Sales Tax” means a sales and use tax levied by the Authority in all or any designated portion of the Members in accordance with Section 605(1)(j)(1) of the Act. “Authorized Transportation Projects” refers to the Regional Transportation Systems projects described in Appendix C of this Agreement, as such projects may be amended from time to time in accordance with Article 6 of this Agreement. “Ballot Question” refers to any of the questions listed in Section 2.04(a)(i)-(viii) of this Agreement, and shall mean a “Ballot Issue,” as defined in Title 1, Article 1, Part 104(2.3), Colorado Revised Statutes, as amended. The Ballot Question for each of the Initial Signatories are collectively referred to as the “Ballot Questions.” “Board” means the Board of Directors of the Authority. “Boundaries” means the boundaries of the Authority illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement, as such Appendices may be amended from time- to-time in accordance with Article 12 of this Agreement. “Director” means any person appointed as a Director pursuant to Section 3.02 of this Agreement Whenever the person appointed as a Member’s Director is absent from a Board meeting, the term “Director” shall mean the Alternate Director, if any, appointed by such Member pursuant to Section 3.03 of this Agreement. “Division of Local Government” means the Division of Local Government in the State Department of Local Affairs. “ECRTA” means the Eagle County Regional Transit Authority (Fund 1151) which operates Eagle County’s current ECO Transit public transportation service, and which is also referred to in this Agreement as “ECO Transit.” “Governing Body” means, when used with respect to a Member, the town council, board of trustees, board of commissioners or other legislative body, as appropriate, of such Member. “Initial Boundaries” means the Boundaries of the Authority on the date the Authority is originally established pursuant to Article 10.01 of this Agreement, as such Initial Boundaries are illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. “Initial Members” means the Initial Signatories who become Members on the date on which the Authority is originally established pursuant to Section 2.05 of this Agreement. “Initial Signatories” means the county, special district, and municipalities that are signatories to this Agreement in its original form. “Intergovernmental Relations Statute” is defined in the Recitals. April 2022 Draft (Public Hearing #1) 4 “Member” means (a) the Initial Members and (b) the State or any Municipality or County or special district that becomes a member of the Authority pursuant to Section 9.03 of this Agreement. “MOU” means the Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee entered into by and among the Initial Signatories for the purpose of researching and proposing the structure of an RTA to serve the greater Eagle River Va lley community. “Officer” means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority, and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. “Regional Transportation Systems” shall have the meaning given to it in Section 602(16) of the Act. “Visitor Benefit Tax” means a visitor benefit tax levied by the Authority in all or any designated portion of a Member in accordance with Section 605(1)(i.5) of the Act and Section 7.01 hereof. ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS Establishment. A regional transportation authority to be known as the “Eagle Valley Transportation Authority” shall be established as a separate political subdivision and body corporate of the State pursuant to the Act and as a separate legal entity created by this Agreement among the Initial Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of the following conditions: (a) each Initial Member (i) has held at least two public hearings on the subject of this Agreement in accordance with Section 603(3) of the Act; and (ii) has executed this Agreement, which execution shall constitute a representation by such Initial Member to t he other Initial Members that the executing Initial Member has held the public hearings required by Section 603(3) of the Act and that the Governing Body of such Initial Member has duly authorized its execution, delivery and performance of this Agreement; (b) this Agreement will be submitted for approval, and has been approved by, a majority of the registered electors residing within the boundaries of the Initial Members at the time of the election, who voted in a general election or special election called for such purpose in accordance with Section 603(4) of the Act, which, for purposes of the November 8, 2022, election, shall be determined based on the votes cast on the Ballot Questions approved by the registered electors voting on the Ballot Questions that approve the participation in the Authority; and April 2022 Draft (Public Hearing #1) 5 (c) the Director of the Division of Local Government has issued a certificate pursuant to Section 603(1) of the Act stating that the Authority has been duly organized according to the laws of the State. Purpose. The purpose of the Authority is to plan, finance, implement and operate an efficient, sustainable and regional public multimodal transportation system at any location or locations within or without the Boundaries of the Authority, and exercise any or all other powers authorized by, and subject to compliance with, the Act. Boundaries. Subject to Section 2.05 and amendment to reflect to outcome of the Ballot Questions, the Initial Boundaries of the Authority shall be as illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. For any territory included or annexed in the boundaries of a Member, the Boundaries shall automatically be amended to include such territory that has been included or annexed into the boundaries of the Member (for taxation purposes, as if such territory was included in the Boundaries of the Authority because the territory is included in the boundaries of such Member). Voter Approval. (a) The Initial Signatories agree to submit Ballot Questions seeking voter approval of the establishment of the Authority; the baseline funding of the Authority in accordance with Article 7 and the exemption of certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado Constitution (“TABOR”) at an election held on November 8, 2022, that is conducted in accordance with the Act and other applicable law. Eight separate questions, which are hereafter referred to by the names indicated below and drafts of which are attached of this Agreement as Appendixes B-1 through B-8, shall be submitted to the registered electors residing within the following described areas within the boundaries of the Initial Signatories: (i) the “Avon Question,” a draft of which is attached hereto as Appendix B-1, shall be submitted to the electors of the Town of Avon; (ii) the “Beaver Creek Question,” a draft of which is attached hereto as Appendix B-2, shall be submitted to the electors of the Beaver Creek Metropolitan District; (iii) the “Eagle Question,” a draft of which is attached hereto as Appendix B-3, shall be submitted to the electors of the Town of Eagle; (iv) the “Gypsum Question,” a draft of which is attached hereto as Appendix B- 4, shall be submitted to the electors of the Town of Gypsum; (v) the “Minturn Question,” a draft of which is attached hereto as Appendix B- 5, shall be submitted to the electors of the Town of Minturn; (vi) the “Red Cliff Question,” a draft of which is attached hereto as Appendix B-6, shall be submitted to the electors of the Town of Red Cliff; April 2022 Draft (Public Hearing #1) 6 (vii) the “Vail Question,” a draft of which is attached hereto as Appendix B-7, shall be submitted to the electors of the Town of Vail; and (viii) the “Unincorporated Eagle County Question,” a draft of which is attached hereto as Appendix B-8, shall be submitted to the electors of the unincorporated area of Eagle County within the boundaries described in Appendix A-2, exclusive of electors residing in the municipalities and special district that are Initial Signatories of this Agreement. (b) With the intent to put forth these measures as a coordinated election under the Clerk of Eagle County, the Governing Body of each of the Initial Signatories named in the title of each Ballot Question shall take all actions necessary to submit such questions to the appropriate registered electors at the Election but may modify the Ballot Questions submitted by it in any manner that is consistent with the terms of this Agreement and the Ballot Questions attached in Appendices B-1 through B-8. Any Governing Body’s modification(s) to a Ballot Question that are inconsistent with the terms of this Agreement and the attached appendices shall require the written consent of each of the other Initial Signatories prior to its submittal to that body’s registered electors. The designated election official for a coordinated election shall be the Eagle County Clerk and Recorder. (c) The costs of conducting the November 8, 2022, election shall be allocated from the funding contributions set forth in the MOU. Initial Members. (a) Subject to Section 2.05(b) of this Agreement, the Initial Signatories whose participation in the Authority is authorized by a majority of the registered electors voting on the Ballot Questions indicated below shall be the Initial Members of the Authority on the date the Authority is originally established pursuant to this Agreement: (i) the Town of Avon will be an Initial Member if the Town of Avon electors approve the Avon Question; (ii) the Beaver Creek Metropolitan District will be an Initial Member if the Beaver Creek Metropolitan District electors approve the Beaver Creek Question; (iii) the Town of Eagle will be an Initial Member if the Town of Eagle electors approve the Eagle Question; (iv) the Town of Gypsum will be an Initial Member if the Town of Gypsum electors approve the Gypsum Question; (v) the Town of Minturn will be an Initial Member if the Town of Minturn electors approve the Minturn Question; (vi) the Town of Red Cliff will be an Initial Member if the Town of Red Cliff electors approve the Red Cliff Question; April 2022 Draft (Public Hearing #1) 7 (vii) the Town of Vail will be an Initial Member if the Town of Vail electors approve the Vail Question; and (viii) Eagle County will be an Initial Member if the electors within the unincorporated area of Eagle County described in Section 2.04(a)(viii) approve the Unincorporated Eagle County Question. (b) The Initial Signatories agree that in order for the Regional Transportation Systems to be efficiently and effectively provided within the Authority’s service area, participation of each of the Town of Avon, the Beaver Creek Metropolitan District, Eagle County, and the Town of Vail, is essential. This Agreement will terminate automatically and be of no further force and effect if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question do not each approve their respective ballot questions at the November 8, 2022, election. BOARD OF DIRECTORS Establishment and Powers. The Authority shall be governed by a Board of Directors as described in this Article 3. The Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate or prescribe the performance of any of its powers to any Director, Officer, employee or agent of the Authority with sufficient direction to comply with the non-delegation doctrine. Directors. The Board shall be composed of one Director appointed by each Member. Alternate Directors. In addition to the Director appointed by it, each Member shall appoint an Alternate Director who shall be deemed to be such Member ’s Director for all purposes, including, but not limited to, voting on resolutions whenever the person appointed as such Member’s Director is absent from a Board meeting or in the event such Director has resigned or been removed and no replacement Director has been appointed. Appointment of Directors and Alternate Directors. As required by Section 603(2)(b)(1) of the Act, the Director and the Alternate Director appointed by a Member shall both be members of the Governing Body of such Member, and shall be appointed as a Director or Alternate Director by the Governing Body of such Member. Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue until (a) the date on which a successor is duly appointed or (b) the date on which he or she ceases to be a member of the Governing Body of the appointing Member. April 2022 Draft (Public Hearing #1) 8 Resignation and Removal. Any Director or Alternate Director (a) may resign at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning; and (b) may be removed at any time by the Governing Body of the Member that appointed him or her, effective upon receipt by the Secretary or the Chair of written notice signed by the Governing Body of the appointing Member. Vacancies. Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to Sections 3.02 through 3.04 of this Agreement. Compensation. Directors and Alternate Directors shall serve without compensation, but may be reimbursed for expenses incurred in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. Meetings, Notice. The Board shall annually establish times for regular meetings of the Board, which shall meet no less than quarterly. The Board may additionally call special meetings as it deems necessary or desirable. Meetings will be held at the location as may from time to time be designated by the Board. Public notice of meetings shall be posted in the locations established by the Board, in accordance with the Colorado Open Meetings Law, Section 24-6-401 et seq., Colorado Revised Statutes, as amended. Except in the case of special or emergency meetings where such advance notice is not practicable, the Authority shall provide at least 48 hours’ advance notice of meetings to each Director and Alternate Director and to the Governing Body of each Member. Resolutions, Quorum. All actions of the Board shall be by resolution, which may be written or oral, approved at a meeting that is open to the public according to the voting requirements set forth in Section 3.11. At least a quorum shall be necessary to take any Board action and at least two-thirds of all Directors then in office who are eligible to vote thereon will be required for action pursuant to Section 3.11(a). A quorum shall mean a number of Directors greater than half the total number of Directors then in office (which, if all Initial Signatories become Initial Members, will be five of the eight initial Directors). The Board may establish bylaws providing for electronic participation by a Director in a meeting, including requirements for a Director participating electronically to be considered “present” for purposes of establishing a quorum and voting on agenda items. Voting Requirements. (a) Except as otherwise provided in subsection (b) of this Section, resolutions of the Board shall be adopted upon the affirmative vote of at least two-thirds of the Directors then in office who are eligible to vote thereon (which, if all Initial Signatories become Initial Members and no Director is ineligible to vote, will be six of the eight initial Directors). (b) Provided a quorum is present, the following actions shall be approved upon the affirmative vote of a majority of the Directors of the Board then present who are eligible to vote thereon: April 2022 Draft (Public Hearing #1) 9 (i) administrative approvals such as setting meeting locations and times and ministerial actions required for the Authority’s compliance with applicable law; (ii) approvals authorized by bylaws or rules previously approved by the Board; (iii) approval of contracts for expenditures included in an annual budget previously approved by the Board; (iv) approval of contracts for transportation services included in an annual budget previously approved by the Board; (v) approval of contracts for the assumptions of existing facilities and transportation infrastructure, or the development of new facilities and transportation infrastructure, included in an annual budget previously approved by the Board; and (vi) other actions that are reasonably incidental to prior Board approvals made under subsection (a) of this Section. Special Rules Regarding Adoption of the Authority’s Annual Budget. Notwithstanding Section 3.10 of this Agreement, if the Board fails to approve the Authority’s annual budget by resolution adopted in accordance with Section 3.10 of this Agreement by the end of the immediately preceding fiscal year of the Authority or any earlier date required by State law, until an annual budget is so adopted, the Authority’s budget for such year shall be the prior year’s budget, with adjustments approved by a majority of the Directors then in office who ar e eligible to vote thereon. The procedures set forth in this Section may be modified by bylaws or rules adopted in accordance with Section 3.15 of this Agreement. Director Conflicts of Interest. Notwithstanding any other provision of this Agreement, a Director shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with Sections 18-8-308 and 24-18-101 et seq., Colorado Revised Statutes, as amended. Powers of the Board. The Board shall, subject to the limitations set forth of this Agreement, have (a) all powers that may be exercised by the board of directors or a regional transportation authority pursuant to the Act, including, but not limited to, the powers conferred by Sections 604(1) and (3) of the Act, and (b) all powers that may be exercised by the governing board of a separate legal entity that has been lawfully created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Bylaws and Rules. The Board, acting by resolution adopted as provided for in Section 3.10 or Section 3.11 of this Agreement, may adopt bylaws or rules governing the activities of the Authority and the Board, including, but not limited to, bylaws or rules governing the conduct of Board meetings, voting procedures, the type of resolutions that must be in writing and procedures for the resolution of issues on which a two-thirds majority cannot be obtained in accordance with Section 3.11(a) of this Agreement. April 2022 Draft (Public Hearing #1) 10 Additional Directors. If at any time there are four or fewer Members, then, notwithstanding any other provision of this Agreement, in order to comply with the provisions of Section 603(2)(b)(1) of the Act requiring at least five Directors, the Directors representing the remaining Members shall, by unanimous consent, appoint such additional Directors and Alternate Directors as are necessary for there to be five Directors, and may likewise remove such Directors and Alternative Directors by consensus of the Directors appointed directly by the Members. If such remaining Directors are unable to reach unanimous consent, each Member shall appoint a second Director, until the total number of Members exceeds five at which time each Member shall revert to appointing a sole Director. References. All references of this Agreement to the Director and Alternate Director of a Member shall be deemed to refer to the initial and the additional Director and Alternate Director, as appropriate, appointed by such Member. ADVISORY COMMITTEES The Board may appoint, maintain, and/or disband one or more Advisory Committees at any time in order to advise the Board with respect to policy and service matters. Advisory Committees shall not be authorized to exercise any power of the Board. OFFICERS Generally. The Board shall appoint a Chair, a Vice Chair, a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents, each of whom shall hold his or her office or agency for such term and shall have such authority, powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may, but need not, be Directors. Any two or more of such offices may be held by the same person, except that the offices of Chair and Secretary may not be held by the same person and the person serving as Executive Director may not hold any other of such offices. All Officers of the Authority shall be persons of the age of 18 years or older and shall meet the other qualifications, if any, stated for his or her office elsewhere in this Article 5. Alternate Directors shall not assume the officer position of any Director unless so designated by action of the Board. Chair. The Chair shall have the power to call meetings of the Board; the power to execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair may execute and deliver contracts, deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriate in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority, powers and duties as are appropriate and April 2022 Draft (Public Hearing #1) 11 customary for the office of the chair of the board of directors of entities such as the Authority, and as the Board may otherwise prescribe. Vice Chair. The Vice Chair shall be the Officer next in seniority after the Chair and, upon the death, absence or disability of the Chair, shall have the authority, powers and duties of the Chair. The Vice Chair shall have such additional authority, powers and duties as are prescribed by the Board. Secretary. The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep written minutes of such meetings, have charge of the Authority’s seal (if any), be responsible for the maintenance of all records and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority’s seal to any instrument requiring it (and, when so impressed or affixed, it may be attested by his or her signature), and have such other authority, powers and duties as arc appropriate and customary for the office of Secretary of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Treasurer. The Treasurer shall, subject to rules and procedures established by the Board, be responsible for the custody of the funds and all stocks, bonds and other securities owned by the Authority and shall be responsible for ensuring the timely preparation and filing of all tax returns, if any, required to be filed by the Authority. The Treasurer shall receive all moneys paid to the Authority and, subject to any limits imposed by the Board or the Chair, shall have authority to give or authorize receipts and vouchers, to sign and endorse checks and warrants in the Authority’s name and on the Authority’s behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority, shall ensure that full and accurate records of the receipts and disbursements are maintained, and shall ensure that all moneys and other valuables are deposited in such depositories as shall be designated by the Board. The Treasurer shall ensure deposit and investment of all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of regional transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Executive Director. The Executive Director shall be the chief executive officer of the Authority, shall supervise the activities of the Authority, shall see that all policies, directions and orders of the Board are carried out and shall, under the supervision of the Board, have such other authority, powers or duties as may be prescribed by the Board. Resignation and Removal. Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time by the Board. April 2022 Draft (Public Hearing #1) 12 Changes to Authority, Powers and Duties. Notwithstanding any other provision of this Article 5, the Board at any time may expand, limit or modify the authority, powers and duties of any Officer or employee. Vacancies. Vacancies in the office of any Officer or employee shall be filled in the same manner in which such office was originally filled. Compensation. The Authority shall determine and may compensate Officers and employees who are not Directors or Alternate Directors for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. POWERS OF THE AUTHORITY General Grant of Powers. The Authority shall, subject to the limitations set forth in this Agreement, have (i) all of the powers granted to regional transportation authorities by the Act and (ii) all powers that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Specific Responsibilities. In addition to the general powers described in Section 6.01 of this Agreement, the Authority shall have the responsibilities described in this Section and shall have all powers necessary or convenient to carry out such responsibilities, subject to the availability of funds and, to the extent required by law, annual appropriation of funds by the Board. The description of specific responsibilities and powers in this Section shall not, however, limit the general powers of the Authority described in Section 6.01 of this Agreement. (a) Regional Transportation Systems. The Authority shall coordinate and may operate and fund Regional Transportation Systems and provide such related services as are necessary in order to effect the Authorized Transportation Projects described in Appendix C, as may be amended from time to time in accordance with Article 12 of this Agreement. (b) Regional Transportation Planning. The Authority shall engage in annual regional transportation planning to direct the implementation of Regional Transportation Systems, pursue local, federal or state funding, and coordinate overall transportation policy within the area in which it provides transit services. Regional transportation planning shall, as determined by the Board, include short range service and infrastructure planning as well as long range planning, corridor investment studies and related impact analyses. (c) Regional Transportation Demand Management. The Authority shall develop plans, programs, and materials to support individuals and employers in their efforts to reduce single- occupancy vehicle trips and mitigate climate impacts in Eagle County, in coordination with local jurisdictions, CDOT, NWCCOG, the I-70 Coalition and other relevant organizations. (d) Enhance Local, State, and Federal Coordination. April 2022 Draft (Public Hearing #1) 13 (i) The Authority shall represent the Eagle Valley region with regard to state and federal legislation affecting available funding to support regional transit operations and with regard to legislation affecting operations. (ii) The Authority shall coordinate with the Colorado Department of Transportation (“CDOT”) and federal governing agencies to enhance regional transit, including but not limited to, improvements to connections to the Authority area via Bustang and other statewide bus programs and increased air service to the Eagle County Regional airport. (e) First-Last Mile Solutions. The Authority may study, design, financially support and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including but not limited to park and rides, pedestrian crossings, and regional innovative mobility programs such as regional e-bike sharing, on-demand microtransit, and community vanpools. (f) Contract Transit Services. (i) The Authority may enter into contracts with any Member or other person or entity for the provision of transit services in the manner and subject to the terms of such contracts. (ii) The Authority may initially enter into contracts with Eagle County for the continuation of ECO Transit service during and after the ECRTA Transition Period (as set out more specifically in Article 8 below) and shall reasonably cooperate with Eagle County to ensure the continuation of employment for personnel currently employed by Eagle County in the provision of transit services within the Boundaries of the Authority. (g) Local Service. The Authority may fund projects or services that serve the residents and businesses of a single Member (as distinguished from regional services) but, except as otherwise specifically provided in this Agreement, only pursuant to an agreement to which such Member pays the Authority for the services provided on the same fully allocated cost basis used to determine costs of Authority services throughout the Authority’s service area. (h) Transportation Related Infrastructure. The Authority may assume the maintenance of existing facilities and may develop new facilities, park-and-rides, transit stops, vehicle maintenance garages, trails, or other necessary infrastructure related to operations under the purview of the Authority. (a) Planning, Construction, and Maintenance of Regional Trails and Pedestrian Infrastructure. (i) The Authority shall provide planning and funding support for regional public trail maintenance, improvement, and construction, in cooperation with Members, advisory groups and other agencies, including but not limited to USFS, BLM and CDOT. The Authority will place emphasis on multi-modal transportation-oriented trails that April 2022 Draft (Public Hearing #1) 14 provide improved accessibility and connections between transit nodes, population centers, and communities. (ii) The Authority may plan for transitioning the operations, maintenance, capital improvements, and funding required for Eagle County’s ECO Trails partnership, including the Eagle Valley Trail, after completion of all currently planned sections and no sooner than December 31, 2024. (i) Contract Air Services. The Authority may enter into contracts with commercial air service carriers for the provision of air services in the manner and subject to the terms of such contracts. (j) Roadway Improvements. Subject to the Gypsum Question first being approved by the electors of the Town of Gypsum, the Authority shall provide financial support for the construction on an EGE Airport interchange, including commitment of matching funds to be combined with other local matching funds in support of the pursuit of state and federal grant funds. Any obligation of the Authority to provide matching funds will be conditional upon first securing funds for construction of the EGE Airport Interchange from all other available federal, state, and local funding sources and shall not exceed an amount budgeted therefor by the Board. It is anticipated that the Town of Eagle, Town of Gypsum, Eagle County, or some combination thereof will be the responsible entities for all permitting, financing and construction. and the Authority’s role would be limited to providing matching funds as described in this Section. Limitations on Powers of the Authority. Notwithstanding Sections 6.01 and 6.02 of this Agreement, the powers of the Authority shall be limited as follows: (a) no action to establish or increase a tax or to create a multiple fiscal year debt or other financial obligation that is subject to Section 20(4)(h) of Article X of the State Constitution shall take effect unless first submitted to a vote in accordance with Section 612 of the Act; (b) the Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County, Municipality or special district Member where the proposed tax or fee would be imposed in accordance with Section 613 of the Act; and (c) a notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division of Local Government and shall be filed with the State Auditor and the State Transportation Commission in accordance with Section 614 of the Act. Limitations. If any portion of the Regional Transportation System alters the physical structure of or negatively impacts the safe operation of any state or local transportation improvement, the Authority shall, upon the request of the Governing Body of the jurisdiction impacted by the transportation improvement, in order to ensure coordinated transportation planning, efficient allocation of resources, and the equitable sharing of costs, enter into an intergovernmental agreement between the Authority and such jurisdiction concerning the applicable portion of the Regional Transportation System before commencing physical construction of that particular improvement. April 2022 Draft (Public Hearing #1) 15 FUNDING THE AUTHORITY Baseline Funding. The baseline funding of the Authority shall be provided from the following sources: (a) Initial Authority Sales and Use Tax. Subject to Section 2.05(b) of this Agreement, upon approval by the registered electors of the Ballot Question for each Initial Member, a sales and use tax of one-half percent (0.5%) shall be imposed in all areas within the Initial Boundaries of the Authority. (b) Eagle County 0.5% Transportation Sales Tax. Eagle County shall pay to the Authority the proportion of the proceeds of the Eagle County 0.5% Transportation Sales Tax accrued on and after January 1 of the year following the Effective Date of this Agreement and that are allocated to ECRTA operations as of the Effective Date. To the extent required by law, the obligation of Eagle County to make such payments may be subject to annual appropriation by the Board of County Commissioners of Eagle County. (c) Visitor Benefit and Lodging Tax. The Visitor Benefit Tax imposed by the Authority on persons who purchase overnight rooms or accommodations shall, upon satisfaction of the conditions stated below, be imposed at a rate of 1% within the Boundaries of the Authority: Such Visitor Benefit Tax shall apply to all types of accommodations available for rent for a period of thirty days or less within the Boundaries of the Authority. The proceeds of the Visitor Benefit Tax shall be used by the Authority solely to finance, construct, operate, and maintain Regional Transportation Systems and provide incentives to overnight visitors to use public transportation. To the extent that the imposition of an additional tax by the Authority is precluded by Section 43-4-605(1)(i.5)(I), C.R.S., such Member shall seek alternative sources of funding, or pledge existing tax revenues, in an equivalent amount. Discretionary Member Contributions. A Member may, at its sole discretion, offer to make cash contributions to the Authority, provide in-kind services to the Authority or pay costs that otherwise would have been paid by the Authority (referred to as a “Discretionary Member Contribution”). If a Member offers to make a Discretionary Member Contribution, the Authority will, subject to Board approval on a case-by-case basis, make a good faith effort to provide additional transportation services within the boundaries of such Member with a value, or grant such Member a credit against other contributions or contract service payments to the Authority by or on behalf of such Member, in an amount equal to the Discretionary Member Contribution. Pursuit of Grants. The Authority shall actively pursue grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of grants for transportation projects. April 2022 Draft (Public Hearing #1) 16 Capital Projects and Bonds. The Authority may fund capital projects by the issuance of Authority Bonds pursuant to Section 609 of the Act if voter approval is obtained for the issuance of such Bonds as required by Section 612(2) of the Act; through lease-purchase agreements or other arrangements permitted by, and subject to compliance with the applicable provisions of, State and federal law; or through one or more agreements with one or more Members. Bond issuances by Regional Transportation Enterprises formed pursuant to Section 606 of the Act do not require voter approval. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article 7 shall limit the Authority’s powers under the Act. REORGANIZATION Reorganization Plan. All relevant assets and liabilities of ECRTA will be transferred to the Authority in accordance with this Article 8 within an 18 month period of time from the Effective Date of this Agreement and establishment of the Authority (the “ECRTA Transition Period.”) ECRTA Transition Period, Maintenance of Effort. During the ECRTA Transition Period, the Authority will undertake the following: (a) The Authority will assume responsibility for the services provided by ECRTA and will begin receipt transfers of the operating revenues of ECRTA (as distinguished from the contributions to the Roaring Fork Transportation Authority by its members) from Eagle County no later than January 1 of the year following formation of the Authority in accordance with Section 7.01(b) of this Agreement; provided, however, that the Authority may not allocate such revenues to any purpose other than funding of services provided by ECRTA, including payments under any contract with Eagle County referred to herein for services of employees or other assets of ECTRA, in order to ensure continuity of ECO Transit services during the ECRTA Transition Period as the provision of such services, and the transfer of assets and liabilities, transition from Eagle County to the Authority over such period. (b) For the purpose of continuity, the existing ECRTA Advisory Board shall be constituted as an Advisory Committee pursuant to Article 4 of this Agreement for the purpose of advising the Authority’s initial Board with respect to the transition of ECRTA services throughout the ECRTA Transition Period. The Authority Board may add or remove members of the ECRTA Advisory Board as provided for in this Agreement. (c) Either directly or by contract with Eagle County or others, will use reasonable efforts to: (i) maintain continuity of the existing ECO Transit regional transit services provided by ECRTA within the Authority Boundaries and to neighboring jurisdictions, April 2022 Draft (Public Hearing #1) 17 without any significant changes in routes, schedules, or equipment, during the ECRTA Transition Period; (ii) continue ongoing transportation planning efforts; (iii) enter into contracts for transit services ECRTA currently provides to other Eagle County departments or entities no later than the end of the ECRTA Transition Period; and (iv) accommodate Member requests for additional or new local services on the same fully allocated cost basis used to determine the cost of Authority services throughout the Authority service area; (d) The Authority will assist Eagle County to cause all relevant Eagle County assets, liabilities, personnel, contracts, and operations to be formally transferred and assigned to the Authority, and to enter into any required intergovernmental agreement, leases, or other contractual arrangements to enable such transfers or assignments, prior to the conclusion of the ECRTA Transition Period; and (e) The ECRTA Transition Period will be deemed concluded when all issues set forth in the Transition Plan (defined in Section 8.03) have been addressed to the satisfaction of the Board. Transition Plan. (a) The Authority and Eagle County shall use their best efforts to agree on a “Transition Plan” that implements the provisions of this Article 8. The Transition Plan will specify how merger issues, including those related to human resources, employee benefits, insurance, transfer of ECRTA assets, contractual relationships (e.g. with the Town of Vail and the Town of Avon), and matters concerning the allocation of operating and capital costs and resources will be resolved. MEMBERS Initial Members. The Initial Members shall be the Initial Signatories whose participation in the Authority is approved at the November 8, 2022, election as described in Section 2.05 of this Agreement. Withdrawal of Initial Members. (a) Following establishment of the Authority, an initial Member may withdraw from the Authority only if the Initial Member’s withdrawal is approved at an election by a majority of the electors voting thereon. (b) If an Initial Member withdraws from the Authority pursuant to subsection (a) of this Section: April 2022 Draft (Public Hearing #1) 18 (i) the territory within the boundaries of such Initial Member will be excluded from the Boundaries of the Authority. (ii) the taxes relevant to that Initial Member shall not be levied after the effective date of such withdrawal; and (iii) the obligations of such Initial Member set forth in this Agreement shall terminate. (c) Members may only withdraw from the Authority in the manner, and subject to the conditions, set forth in this Section. Additional Members. Any county, municipality, or special district with street improvement, safety protection, or transportation powers, or a portion thereof, which is not an Initial Member of the Authority, may become a Member (for purposes of this Section, a “new Member”) effective upon: (a) the adoption of a resolution of the Board in accordance with Section 3.11(a) of this Agreement, the effectiveness of which may be conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; (b) unless the new Member is the State, approval of such new Member’s participation in the Authority by the electors residing within the territory of the new Member that is to be included in the Boundaries of the Authority; and (c) compliance with any other conditions to the admission of such new Member as a Member or its execution of the amended Agreement imposed under the Act, the Intergovernmental Relations Statue or any other applicable law. TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section 2.01 of this Agreement have been satisfied. Termination. The term of this Agreement shall end when all the Members agree in writing to terminate this Agreement; provided, however, that this Agreement may not be terminated so long as the Authority has any Bonds outstanding. Distribution of Assets Upon Termination. Upon termination of this Agreement pursuant to Section 10.02 of this Agreement, after payment of all Bonds and other obligations of the Authority, the net assets of the Authority shall be distributed to the parties who are Members at such time in proportion to the sum of: April 2022 Draft (Public Hearing #1) 19 (a) the amount of cash and the value of property and services contributed by them to the Authority pursuant to Article 7 and 8 of this Agreement minus the amount of cash and the value of property previously distributed to them by the Authority; and (b) the amount of Authority taxes or other charges (other than fares) paid by their residents to the Authority pursuant to the Authority’s exercise of the powers granted to it pursuant to the Act, with taxes or other charges paid by residents of areas of counties which are also located within a municipality or special district allocated 100% to the municipality or special district for such purposes. DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES Authority Obligations. The Authority shall insure and defend each Director, Officer, member of an Advisory Committee and employee of the Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other, including appeals), in which he or she may be involved in his or her official capacity by reason of his or her being or having been a Director, Officer, member of a Committee or employee of the Authority, or by reason of any action or omission by him or her in such capacity. The Authority shall insure and defend each Director, Officer, member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority’s obligations pursuant to this Article 11 shall be limited to funds of the Authority available for such purpose, including but not necessarily limited to insurance proceeds. The Board may establish specific rules and procedures for the implementation of this Article 11 . AMENDMENTS Amendments Generally. This Agreement, except as may be limited in this Article 12, may be amended only by resolution of the Board and upon unanimous consent of all Members minus one. Such consent shall first be manifested by a majority affirmative vote of the Governing Bodies of each Member. Amendments to Boundaries. Except as provided in Section 2.03 of this Agreement, the Initial Boundaries illustrated in Appendix A-1 and described in Appendix A-2, may be amended in accordance with Section 12.01 of this Agreement and with the required approval of the registered voters of any county, municipality or unincorporated portion of a county proposed to be added to the territory of the Authority. For purposes of this Section, the boundaries may not include territory within the boundaries of a municipality that is not a Member without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a Member without the consent of the governing body of such county. April 2022 Draft (Public Hearing #1) 20 Modification of Appendices B-1 through B-8. Notwithstanding any other provision of this Agreement, any Ballot Question attached hereto as Appendix B-1 through B-8 may be modified by the Governing Body of the Initial Signatory responsible for submitting such Ballot Question to the electors as provided in Section 2.04 of this Agreement. MISCELLANEOUS Adoption and Execution of Agreement in Accordance with Law. Each initial Signatory hereby represents to each other Initial Signatory that it has adopted and executed this Agreement in accordance with applicable law. Parties in Interest. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon any Person other than the Initial Signatories and the Members any right, remedy or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Initial Signatories and the Members. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or bylaw issued by the Board shall be deemed to by the covenant or agreement of an elected or appointed official, officer, agent, servant or employee of any Member in his or her individual capacity. Notices. Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions or other communications by the Authority, any Member, any Director, any Alternate Director, any Officer or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received, in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority; and, unless a certain number of days is specified, shall be given within a reasonable period of time. Assignment. None of the rights or benefits of any Member may be assigned, nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. Severability. If any clause, provision, subsection, Section, or Article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions of this Agreement. Interpretation. Subject only to the express limitations set forth in this Agreement, this Agreement shall be liberally construed to permit: April 2022 Draft (Public Hearing #1) 21 (a) the Authority and the Members to exercise all powers that may be exercised by a regional transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b) the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law; and (c) the Board to exercise all powers that may be exercised by the board of directors of a regional transportation authority pursuant to the Act and by the governing body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. Venue for purposes of any litigation arising under this Agreement shall only be proper in the Eagle County District Court. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement. [Remainder of page left intentionally blank. Signature pages follow.] April 2022 Draft (Public Hearing #1) 22 SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [May 31, 2022] By: [INSERT], COLORADO By Name Title ATTEST APPENDIX A-1 Authority Boundary Map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uthority Boundary Description I|lmfmx#E# xs#Rsxmgi#sj#Jsvqexmsr#sj#Vikmsrep#Xverwtsvxexmsr#Eyxlsvmx}# Pikep#Hiwgvmtxmsr#sj#VXE#Fsyrhevmiw# Fikmrrmrk#sr#xli#gsqqsr#xs{rwlmt#pmri#jsv#Xs{rwlmt#6#Wsyxl#erh#Xs{rwlmt#7#Wsyxl/#Verki#<3#[iwx#9xl Tvmrgmtep#Qivmhmer/#tsmrx#epws#fimrk#sr#xli#gsqqsr#fsyrhev}#pmri#sj#Iekpi#erh#Wyqqmx#Gsyrxmiw/# xlirgi#{iwx#epsrk#wemh#xs{rwlmt#pmri#xs#xli#R[#gsvriv#sj#Wigxmsr#9#Xs{rwlmt#7#Wsyxl#Verki#<3# [1##Xlirgi#rsvxl#xs#xli#RI#gsvriv#sj#Wigxmsr#4#Xs{rwlmt#7#Wsyxl#Verki#<4[1##Xlirgi#{iwx/#gsrjsvqmrk# xs#xli#rsvxl#fsyrhev}#sj#Xs{rwlmt#7/#Verkiw#<4/#<5#)#<6#[iwx#xs#xli#W[#gsvriv#sj#Wigxmsr#69#Xs{rwlmt# 6#Verki#<6#[iwx1##Xlirgi#rsvxl#xs#xli#R[#gsvriv#sj#Wigxmsr#69#Xs{rwlmt#6#Wsyxl#Verki#<6# [iwx1##Xlirgi#{iwx#xs#xli#R[#gsvriv#Wigxmsr#66#Xs{rwlmt#6#Wsyxl#Verki#<6#[iwx1##Xlirgi#wsyxl#xs#W[# gsvriv#sj#Wigxmsr#66#Xs{rwlmt#6#Verki#<6#[iwx1##Xlirgi#wsyxl#xs#xli#W[#gsvriv#sj#Wigxmsr#7#Xs{rwlmt# 7#Wsyxl#Verki#<6#[iwx1##Xlirgi#wsyxl{iwxivp}#xs#xli#W[#gsvriv#sj#Wigxmsr#<#Xs{rwlmt#7#Wsyxl#Verki# <6#[iwx1##Xlirgi#{iwx#xs#xli#R[#gsvriv#Wigxmsr#4<#Xs{rwlmt#7#Wsyxl#Verki#<6#[iwx1##Xlirgi#wsyxl#xs# xli#WI#gsvriv#sj#Wigxmsr#46#Xs{rwlmt#7#Wsyxl#Verki#<7#[iwx1##Xlirgi#{iwx#epsrk#xli#wsyxl#pmriw#sj# Wigxmsrw#46/#47/#48/#49/#4;#)#4<#Xs{rwlmt#7#Wsyxl#Verki#<7#[iwx/#xli#wsyxl#pmriw#sj#Wigxmsrw#46/#47/#48/# 49/#4;#)#4<#Xs{rwlmt#7#Wsyxl#Verki#<8#[iwx/#erh#xli#wsyxl#pmriw#sj#Wigxmsrw#46/#47/#48/#49/#4;#)#4<# Xs{rwlmt#7#Wsyxl#Verki#<9#[iwx#xs#xli#W[#gsvriv#Wigxmsr#4<#Xs{rwlmt#7#Wsyxl#Verki#<9# [iwx1##Xlirgi#wsyxl#xs#xli#RI#gsvriv#sj#Wigxmsr#57#Xs{rwlmt#7#Wsyxl#Verki#<;#[iwx1##Xlirgi#{iwxivp}# epsrk#xli#rsvxl#fsyrhev}#sj#Wigxmsrw#57#erh#56/#Xs{rwlmt#7#Wsyxl#Verki#<;#[iwx#xs#xli#gsqqsr# fsyrhev}#pmri#fix{iir#Iekpi#erh#Kevjmiph#Gsyrxmiw1##Xlirgi#wsyxlivp}#epsrk#xli#gsqqsr#fsyrhev}#pmri# fix{iir#Iekpi#erh#Kevjmiph#Gsyrxmiw#xs#xli#tsmrx#sj#mrxivwigxmsr#sj#xli#{iwxivr#fsyrhev}#sj#Iekpi# Gsyrx}#erh#xli#rsvxlivr#fsyrhev}#sj#xli#Vsevmrk#Jsvo#Xverwtsvxexmsr#Eyxlsvmx}1##Xlirgi#wsyxliewxivp}# jspps{mrk#xli#rsvxlivr#fsyrhev}#sj#xli#Vsevmrk#Jsvo#Xverwtsvxexmsr#Eyxlsvmx}#xs#xli#mrxivwigxmsr#sj#xli# Vsevmrk#Jsvo#Xverwtsvxexmsr#Eyxlsvmx}#erh#xli#wsyxlivp}#fsyrhev}#sj#Iekpi#Gsyrx}1##Xlirgi#iewxivp}# epsrk#xli#wsyxlivr#fsyrhev}#sj#Iekpi#Gsyrx}#xs#xli#tsmrx#sj#mrxivwigxmsr#sj#xli#gsqqsr#fsyrhev}#pmri# sj#Iekpi/#Peoi/#erh#Wyqqmx#Gsyrxmiw1##Xlirgi#rsvxlivp}#epsrk#xli#iewxivr#fsyrhev}#sj#Iekpi#Gsyrx}#xs# xli#tsmrx#sj#svmkmr1### APPENDIX B-1 Town of Avon Ballot Question APPENDIX B-2 Beaver Creek Metropolitan District Ballot Question APPENDIX B-3 Town of Eagle Ballot Question APPENDIX B-4 Town of Gypsum Ballot Question APPENDIX B-5 Town of Minturn Ballot Question APPENDIX B-6 Town of Red Cliff Ballot Question APPENDIX B-7 Town of Vail Ballot Question APPENDIX B-8 Unincorporated Eagle County Question Ballot Question APPENDIX C Initial Service Goals Eagle Valley Transportation Authority Regional Transportation Service Goals The newly established Eagle Valley Transportation Authority, (“Authority”), shall use its best efforts to achieve the following: 1. Assume Responsibility for Existing ECO Transit Service The Authority shall assume responsibility for existing transit service as currently provided by the Eagle County Regional Transportation Authority, (“ECO Transit”), as of January 1 of the year following RTA formation. Within 12 months of RTA formation, the Authority shall develop and implement a fare- free transit zone with expanded service, to include portions of Avon, Vail, Minturn and Beaver Creek, as a replacement for ECO’s existing Vail/Beaver Creek Express service. 2. Increase Service on Current ECO Routes The Authority shall begin planning for one or more of the following enhancements, to be introduced as soon as equipment, staffing, and facilities allow: ● Increased capacity and/or service frequency on Highway 6. ● Increased all-day service frequency on Valley Route, including additional daily connections to Dotsero. ● Increased service to/from Leadville. 3. Develop and Implement New Transit Routes The Authority shall develop and implement new transit service to meet needs identified during the RTA formation process, including but not limited to: 1) Eagle-Gypsum Circulator Regular transit service connecting the Towns of Eagle and Gypsum that promotes increased circulation in/between these communities and provides efficient connection to other regional routes. 2) Limited Stop Express Service Additional rush hour express service targeting peak workforce commute hours. In addition, the Authority may explore the feasibility of offering additional regional transit services as needs are identified in future Transit Development plans. 4. Accelerate Conversion of Fleet and Facilities to Zero-Emission Operations The Authority shall take the following steps toward zero-emission operations: 1) Conversion of ECO’s existing Highway 6 bus service to a zero-emission platform, on a timeframe that evaluates available grant funds, anticipated increases in range and performance capacity of zero-emission buses, and allocation of available Authority funds to other expenditures which may increase ridership. 2) Development of zero-emission plans, timelines, and budgets for additional routes and facilities as outlined in an initial RTA Transit Development Plan, to be created following RTA formation. 5. Invest in Transit-Related Facilities and Infrastructure The Authority shall allocate a portion of available revenues to upgrade existing facilities to support planned service expansion. In addition, funds will be set aside in a capital improvement fund to support fleet replacement and future construction of essential transit-related and transit- supportive facilities. 6. Support Local Air Service The Authority shall pledge funding in the minimum amount of $1,200,000 dollars per year to support expanded year round air service for residents and visitors of Eagle County. 7. Regional Transportation System Planning The Authority shall embark on a 5-year Transit Development Plan (TDP) as one of its first tasks upon formation. This plan should be completed within 12-18 months of the appointment of the initial Authority Executive Director. APPENDIX D [ ] Eagle Valley Transportation Authority Community update and discussion about proposed Intergovernmental Agreement April 26, 2022 | Town of Avon Eagle Valley Transportation Authority Community Update April 26, 2022 Regional Transportation Authorities (RTAs) •RTA is a public entity that allows two or more local governments—including counties, cities, town and metro districts—to work together to address regional transportation issues •RTA transportation services may include transit, air, roadway and other services •RTAs are governed by a board of appointed elected officials representing the partner governments and must follow open meeting and fiscal accountability and transparency laws •RTA creation must be approved by local voters •RTAs can also seek voter approval to collect tax revenue and issue bonds Eagle Valley Transportation Authority Community Update April 26, 2022 Background •In early 2020, Eagle County business community engaged local governments to find better ways to address transportation needs for workforce, residents and visitors •Looking at the Roaring Fork Transit Authority (RFTA) and other examples, conversation turned toward feasibility of Regional Transportation Authority (RTA) to enhance and expand transit and transportation services across this region •COVID-19 pandemic put this conversion on hold •Eagle County; the towns of Avon, Eagle, Gypsum, Minturn, Red Cliff and Vail; and Beaver Creek Metro District—along with business and nonprofit partners—have renewed collaborative work toward improving regional transportation Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Formation Participants •Collaborative process between local governments •Support and input from stakeholders, including employers, nonprofits, metro districts, community members •Began formally in fall 2021 with approval of Memorandum of Understanding •Agreement that was approved by eight local governments that set tasks (IGA and service goals), membership, financial resources and oversight •Formation Committee—Elected officials representing each community; responsible for IGA, future ballot language, tax/funding amounts •Technical Committee—Government staff, transit directors, business partners, others who are working on service goals, cost estimates and other tasks •Stakeholder Committee—Community members who provide diverse backgrounds to help offer feedback and additional points of view on transit needs Eagle Valley Transportation Authority Community Update April 26, 2022 Reasons to Consider an RTA •Eagle County’s population is growing, our resorts have continued to be world class destinations and visitors continue to visit to this region •Growth provides economic opportunities for many, but also strains our region’s housing and transportation systems •As we emerge from the pandemic, it’s time to work on collaborative solutions to increase transit and transportation options •Doing this will support our workforce; help Eagle County residents get to work, home and school safely; and for visitors to enjoy their Eagle County experience •Transportation is a regional issue requiring a truly regional solution •RTA can support our shared climate goals and prepare our communities for the next 10 to 20 years Eagle Valley Transportation Authority Community Update April 26, 2022 Iterative Process Repeat process until voter support is identified RTA Formation Committee •Review Issues •Propose Transit Plans and Ideas •Refer for Input •Consider Community Input •Revise Proposals •Refer Again for Input (Repeat as Necessary) Stakeholder Committee Review Proposals, Provide Comments and Concerns Local Govt. Boards and Councils •Review Proposals •Conduct Worksessions •Conduct Public Hearings •Provide Comments and Concerns Voter Polling Determine Voter Preferences, Support and Concerns Technical Committee •Research Technical, Financial and Legal Issues •Present Information, Recommendations and Options Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Timeline April/May: Public hearings by local governments on IGA April/May: Benchmark public survey May/June:First phase of public engagement May 27: RTA IGA referred to CDOT for review and comment (90 days comment period) August: Local governments to consider final version of IGA and resolution to refer to election August: Second phase of public engagement Sept. 9: Last day to refer ballot question to Nov. 2022 election Sept. to Nov.Campaign phase Nov. 8: Election day Eagle Valley Transportation Authority Community Update April 26, 2022 Establishing an RTA •Creation of an RTA is a formal process defined in state law •Local governments involved must work together to create an intergovernmental agreement (IGA)—a legal document that sets forth the governance, service goals and other key operating provisions of the RTA •“Charter” document must be agreed upon by the elected councils and boards in each community •Ultimately, voters must agree to the formation of the RTA and any taxing or bonding requests made to provide funding for the RTA’s services and operations •IGA process requires two separate public hearings to be held in each jurisdiction considering adopting the IGA •Feedback from council and public will be shared with the RTA formation committee to help address local community needs and concerns Eagle Valley Transportation Authority Community Update April 26, 2022 Intergovernmental Agreement (IGA) •IGA establishes a Board of Directors that consists of one elected official from each member entity •Action by the Board must be approved by a two-thirds majority of the Board, except for certain more procedural actions, such as setting meetings •Each member also appoints an alternative director who also is an elected official and participates when the primary member is unavailable •Contemplates funding for RTA, including: •0.5% sales and use tax within the boundaries of authority •Pledging Eagle County’s existing 0.5% transportation sales tax (to be used on ECO Transit services) •Potential 1% Visitor Benefit Tax within the boundaries of the Authority •Discretionary member contributions •Federal and State grants Eagle Valley Transportation Authority Community Update April 26, 2022 Proposed RTA Boundaries Eagle Valley Transportation Authority Community Update April 26, 2022 Intergovernmental Agreement (IGA) •Provides RTA all available statutory powers and specific responsibilities, including: •Assuming ECO Transit services (subject to a transition plan to be developed) •Annual short-and long-term transportation planning for the Eagle Valley •State and federal coordination for grant funding and regional transit •Contracting for transit services and build transportation infrastructure •Maintaining regional trails and pedestrian infrastructure •Supporting increased commercial air service •Operating and funding specific initial projects, including: •Developing a fare-free transit zone with expanded service, to include portions of Avon, Vail, Minturn and Beaver Creek •Increasing other current ECO Transit service, including on Highway 6, Dotsero, and Leadville •Implementing new transit routes , including an Eagle -Gypsum circulator and additional peak workforce commute hour express service •Accelerating zero-emission transition Eagle Valley Transportation Authority Community Update April 26, 2022 Intergovernmental Agreement (IGA) •IGA establishes key procedures for RTA moving forward: •Requires that each member hold an election to be included •As drafted, Avon, Beaver Creek, Eagle County and Vail must vote yes, or the RTA will not be formed and IGA will terminate •Provides pathway for members to leave RTA and for new members to join: •Members may withdraw by vote of the electors •Members may be added with Board approval and a vote of the electors within the boundaries of the new member •States that RTA may be terminated by unanimous agreement of the members, provided no bonds are outstanding •Allows IGA to be amended by unanimous vote of the member governments, minus one Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Service Goals •Comprehensive, multi-modal transportation enhancement and optimization •Benefit residents with enhanced transit service •Benefit eagle county businesses that desire effective transit for employees •Improve the visitor experience to maintain economic competitiveness •Increase transit ridership to reduce reliance on single occupant vehicle use •Regional representation with a comprehensive, long-range planning view •Overall intent is to maintain, enhance and expand current ECO transit service Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Service Goals 1. Enhance Existing Regional Transit Service •Assume responsibility for existing transit service as currently provided by ECO Transit on the following routes •Develop and implement a fare-free transit zone with expanded service, which may include all or portions of Avon, Vail, Minturn and Beaver Creek, to better meet both visitor and workforce needs, reduce congestion, and limit parking demand •Planning for more enhancements to ECO Transit routes be introduced as soon as equipment, staffing, and facilities allow Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Service Goals 2. Develop and Implement New Routes •Within 12 months of Authority establishment: •Eagle-Gypsum Circulator Service •Limited Stop Express Service targeting peak workforce commute hours •Explore feasibility of offering additional regional services that may be identified by the RTA Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Service Goals 3. Accelerate Conversion to Zero-Emission Operations •Conversion of ECO’s existing Highway 6 bus service to a zero-emission platform •Complete conversion to zero emission buses is anticipated to occur between 5 to 10 years (2028 to 2033) •Development of zero-emission plans, timelines and budgets for additional routes and facilities as outlined in an initial RTA Transit Development Plan, to be created following RTA formation Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Service Goals 4. Invest in Transit-Related Facilities & Infrastructure •Allocate a portion of available revenues to upgrade existing facilities to support planned service expansion •Funds will be set aside in a capital improvement fund to support fleet replacement and future construction of essential transit-related and transit- supportive facilities 5. Support Local Air Service •Pledge approximately $1.2M per year to support expanded year-round air service for residents and visitors of Eagle County to replace existing Air Alliance contributions, returning funds back to local governments Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Service Goals 6. EGE Airport Interchange •Provide financial support for the construction of an EGE Airport Interchange by committing matching funds to be combined with other local funds if there are sufficient state and federal grant funds awarded for the construction of the EGE Airport Interchange 7. Develop & Implement First-Last Mile Solutions •Design, financially support and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including park and ride facilities, bus stops, pedestrian crossings, e-bike sharing, on-demand microtransit, and community vanpool programs Eagle Valley Transportation Authority Community Update April 26, 2022 RTA Service Goals 8. Support Regional Trail Planning •Engage in regional trail planning, construction and maintenance with an emphasis on the provision of multi-modal linkages and first/last mile improvements to enhance transit ridership. 9.Lead Regional Transportation System Planning 10.Enhance Local, State, and Federal Coordination 11.Encourage Transportation Demand Management Eagle Valley Transportation Authority Community Update April 26, 2022 Potential RTA Funding Sources •Authorized Revenue Sources for RTA •up to 1 Cent Sales Tax •up to 2 Cent “Visitor Benefit Tax” (same as lodging tax or accommodations tax) •Ridership fares •Charges for Transit Services (may charge for transit service out of Transit Area) •Allowed by law but not currently under consideration •up to 5 Mill Property Tax •up to $10 per Vehicle Registration Fee •NOTE: Taxes require voter OK per TABOR Eagle Valley Transportation Authority Community Update April 26, 2022 RTA and IGA Feedback •Input and feedback are critical to ensuring that this RTA proposal meets transportation needs and addresses concerns of our communities •Invite public, elected officials, business owners and employers, nonprofits and all community members to provide feedback at: EagleCountyRTA.org/feedback Questions? Eagle Valley Transportation Authority Community Update April 26, 2022 Community Engagement •Community engagement and feedback are important parts of the RTA process •Formation process includes a Stakeholder Committee of organizations and individuals that speak for the diverse community, business, nonprofit, educational, environmental, resident and other interests of the region •Stakeholder Committee meets regularly to provide feedback from a broader, non- transportation perspective •Conducting polling, hosting events in spring and summer, visiting with local governments, boards and commissions 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Regional Transportation Authority DATE: August 19, 2021 SUMMARY: This memorandum provides an overview and background with regard to efforts to pursue a potential regional transit authority (“RTA”) to serve the Eagle River Valley. The attached Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee (“MOU”) is the culmination of efforts over the last year at the Mayors and Managers meetings and the efforts of an Ad Hoc Regional Transit Optimization Committee that was formed out of a Mayors and Managers Meeting. An update and overview of the efforts of the Ad Hoc Regional Transit Optimization Committee was presented at the Avon Town Hall on July 20, 2021. There are many questions posed by the formation of an RTA. The attached MOU is intended to embark on the next level of structured regional collaboration and focus to understand the details of a potential RTA and implement a comprehensive outreach program to inform stakeholders and receive stakeholder input. REQUESTED ACTION: Approval of the Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee. MOU OVERVIEW: The MOU proposes the formation of an RTA Formation Committee, an RTA Technical Committee and an RTA Community Stakeholders Committee. Eagle County, the Town of Vail and the Town of Avon are contemplated to fund Phase I of planning costs so that this effort is able to proceed by retaining a community outreach facilitator by October. The cost for Phase I of RTA planning is $30,000 to be split equally three ways among Vail, Eagle County and Avon (i.e. $10,000 each). Phase II contemplates funding contributions by all municipalities that would participate in this RTA planning effort in 2022. This effort is anticipated and desired to lead up to an election in November of 2022 to approve an RTA and may potentially include a tax funding question to support enhancements to regional transit services. The contemplated RTA would also include dedicated funding to support the Eagle Air Alliance and subsidies to secure new direct flights to Eagle County Regional Airport. Phase II of RTA planning is $170,000 which is proposed to be divided amongst the parties based on proportionality of respective operating budgets. Avon’s funding contribution share of Phase II would be $17,000 to $20,000. RTA FORMATION COMMITTEE: The RTA Formation Committee is composed of one representative of Eagle County and each municipality in Eagle County (not including Basalt). Monthly meetings will be scheduled for the RTA Formation Committee to review information, identify details and questions to address, provide input on the community stakeholder process, and ultimately provide direction on an RTA to be referred to voters. The MOU sets forth a list of minimum requirements in Paragraph 3 which tracks state statute. The group is seeking to schedule the first RTA Formation Committee meeting in September in order to provide background information on the formation of an RTA as well as other information that has been gathered over the last year. I have asked Mayor Sarah Smith Hymes to dedicate time to participate on this RTA Formation Committee. RTA TECHNICAL COMMITTEE: The RTA Technical Committee is a continuation of the Ad Hoc Regional Transit Optimization Committee that met over the last year with the addition of David Reid who would represent the Eagle County Regional Airport. The role of the RTA Technical Committee is to research information on estimated costs and logistics associated with various transit enhancement ideas. Page 2 of 2 RTA COMMUNITY STAKEHOLDERS COMMITTEE: This committee is envisioned to be open and inclusive to all the existing groups in the Eagle River Valley, and beyond such as Lake County and Leadville. The purpose is to facilitate community involvement. BEAVER CREEK-AVON-VAIL CONNECTOR: We explored the potential for a pilot project to run more frequent and free transit between Beaver Creek Village, Avon Station and Vail Village. The concept was to run during the entirety of the Beaver Creek ski season with a ½ hour schedule from 6:30am to 10:30am, then hourly to 2:30pm, then ½ hour to 6:00pm, then hourly to 10pm. The contemplated cost estimate was roughly $600,000 to be split between Avon/Beaver Creek/Vail and Eagle County on a 20/20/20/40 cost share basis. Although the four parties were agreeable in concept and we were able to identify the costs and logistics to run this route, Beaver Creek was not ready to make a funding commitment for this winter and there were significant challenges and apprehension about hiring another six transit drivers and securing two more low floor buses to operate this route. The exercise was worthwhile to collectively discuss and understand the cost and logistics to operate this type of route. In particular, it was instructive to understand the lead time and requirements necessary to acquire busses, properly outfit busses with communication equipment, and hire transit drivers, as well as prepare and executive a cost sharing agreement. As a consequence, I directed Staff to take no further action towards remodeling 351 Benchmark for transit driver housing. RECOMMENDATIONS: Staff for Town of Vail and Eagle County have indicated that they are proceeding to introduce the MOU to their respective governing bodies for approval in the next two weeks. I have the following recommendations concerning regional transit. 1. I recommend that Council approve the Memorandum of Understanding to Establish Regional Transit Authority Formation Committee 2. I recommend that Council support continued conversation with Beaver Creek, Vail and ECO Transit to pursue a winter connection route for the 2022/2023 Beaver Creek Ski Season with the appreciation and understanding that the conversation must continue now in order to achieve consensus and sort through all the logistics necessary for this transit connection. 3. Research, analyze and advocate for year-round free transit between Beaver Creek, Avon and Vail as one component of any Regional Transit Authority formation. PROPOSED MOTION: “I move to approve the Memorandum of Understanding to Establish Regional Transit Authority Formation Committee.” Thank you, Eric ATTACHMENT A: Memorandum of Understanding to Establish Regional Transit Authority Formation Committee ATTACHMENT B: RTA Overview Information from Colorado Legislative Service ATTACHMENT C: Regional Transit Authority planning effort presentation on July 20, 2021 RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 1 of 13 MEMORANDUM OF UNDERSTANDING ESTABLISHING A REGIONAL TRANSIT AUTHORITY FORMATION COMMITTEE STATEMENT OF PURPOSE – This Memorandum of Understanding (“MOU”) formalizes the agreement reached by the Eagle County government and municipalities within the contemplated boundaries of a Regional Transit Authority (“RTA”) in Eagle County on the commitment of staff and financial resources to a Regional Transit Authority Formation Committee (“RTA Formation Committee”) for the purpose of researching and proposing the structure of an RTA to serve the greater Eagle River Valley community pursuant to CRS §43-4-601 Regional Transportation Authority Law. WHEREAS, in January 2020 a joint meeting of the Beaver Creek and Vail Economic Advisory Councils was convened to discuss regional transportation challenges at which members of the private business community expressed strong support to improve and enhance regional transit; and WHEREAS, an ad-hoc group of Town Managers, Transit Directors, and business community leaders was convened soon afterwards to discuss, analyze, and identify challenges and opportunities related to greater coordination and integration of the regional public transportation system; and WHEREAS, separate conversations with the EGE Air Alliance have highlighted the importance of air transportation as part of the broader regional transportation system; and WHEREAS, each of these groups have identified the creation of a Regional Transit Authority (“RTA”) as a desirable way to plan, finance, implement and operate a regional public transportation system that better meets the needs of residents, visitors, and businesses in Eagle County; and WHEREAS, the local government entities now desire to proceed with preparation of a proposed RTA and comprehensive community engagement process with the intention to refer ballot questions for the formation of a RTA and a funding question to the November 1, 2022 general election. NOW, THEREFORE, the parties to this MOU agree as follows: 1. NO LEGAL OBLIGATIONS. This MOU is only a statement of intentions to facilitate coordination among parties and shall not be construed to create, and shall not in fact create, any financial obligations or liabilities for any party to this MOU. 2. ELIGIBLE PARTIES TO THIS MOU. The local government entities which are required to take action as part of the formation of a Regional Transit Authority and/or which currently fund and provide public transit service are eligible parties to this MOU, including but not limited to Eagle County government, and municipalities in Eagle County, or Title 32 special districts with transportation powers, which are located within the boundaries of a proposed Regional Transit Authority area. 3. RTA FORMATION COMMITTEE. The RTA Formation Committee shall consist of one representative of each party to this MOU. Each party may designate a primary representative and alternates in its ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 2 of 13 discretion which shall be limited to elected officials and full-time staff persons. The RTA Formation Committee shall also have the following organization duties: (a) Select a chair and vice chair; (b) Establish a meeting schedule and timeline for completion of activities; (c) Provide parameters for staff support for the RTA Formation Committee provided by participating entities; (d) Establish a schedule for communications and meetings with municipal staff and elected officials to inform them on status and upcoming developments; (e) Review the Scope of Work for third party facilitators and consultants to assist with community engagement and the RTA formation process; (f) Determine the details of a proposed RTA, including but not limited to: (1) Determine the name and purpose of the RTA, including an explanation of all regional transportation systems to be provided and preliminary expectations regarding types and service levels; (2) Determine geographic boundaries, districting, and rules for modification of a regional public transportation authority; (3) Determine the form of governance and board representation on the RTA; (4) Recommend an initial organizational structure and staffing for the RTA; (5) Recommend the structure of the relationship with existing transit systems, including recommendations related to the transfer of assets, liabilities, or personnel; (6) Analyze potential dedicated funding sources and structures for public transportation and make recommendations regarding type and level; (7) Recommend the structure of the relationship with the EGE Air Alliance, including recommendations related to structure, governance, and fiscal authorities; and (8) Develop a proposed IGA, meeting the requirements of C.R.S. § 43-4-601, for signature by interested and eligible entities. (g) Determine the details and wording on any ballot measures to be referred to the voters for the formation of an RTA; and (h) Provide legal, financial, marketing and political support for a potential future ballot measure. ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 3 of 13 4. RTA TECHNICAL COMMITTEE. The Ad Hoc Technical Committee will continue for the purpose of sharing information, analyzing costs, and submitting feedback associated with various proposals for regional transit enhancement generated by the RTA Formation Committee. In addition, they will assist in identifying operational issues related to proposed structures that may require additional consideration by the RTA Formation Committee. The RTA Formation Committee may change, amend, supplement, fill vacancies or remove any person on the RTA Technical Committee without notice or cause. The RTA Technical Committee may invite or add other persons or representation from other entities that may provide relevant technical advice and information. The RTA Technical Committee shall consist of the following members unless and until changed by the RTA Formation Committee: (a) Tanya Allen, ECO Transit Director; (b) Jen Brown, Managing Director Beaver Creek Resort Company; (c) Paul Gorbold, Beaver Creek Transit Manager; (d) Scott Robson, Vail Town Manager; (e) Greg Hall, Vail Public Works and Transportation Director; (f) Brandy Reitter, Eagle Town Manager (g) Chris Romer, Vail Valley Partnership and Eagle Air Alliance; (h) Brian Nolan, representative of Beaver Creek and Vail Economic Advisory Councils; (i) Eva Wilson, Avon Mobility Director; (j) Eric Heil, Avon Town Manager; and, (k) David Reid, Director of Aviation, Eagle County Regional Airport. 5. RTA COMMUNITY STAKEHOLDERS COMMITTEE. The RTA Community Stakeholders Committee shall consist of all interested local governments that are not parties to this MOU, interested non-profit or community organizations, and interested private business entities that desire to participate on the RTA Community Stakeholder Committee. The purpose of the RTA Community Stakeholder Committee is to facilitate the community engagement process, including the sharing and dissemination of information related to the RTA, facilitate broader understanding of the RTA formation process and the technical and financial aspects of proposed RTA operations, and facilitate providing broad community input to the RTA Formation Committee. The scheduling, organization and conduct of RTA Community Stakeholder Committee meetings shall be facilitated by a third party consultant as contemplated in this MOU. 6. CONTEMPLATED ROLES OF AN RTA. The specific roles of an RTA would be researched and determined during the study and community engagement process. The following list describes the potential roles of an RTA that are being contemplated at the time of executing this MOU. Parties to the ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 4 of 13 MOU acknowledge and agree that the roles of a RTA as may be ultimately referred to election are expected to be revised and refined through the community engagement process. (a) Assume some or all operations, assets and functions of ECO Transit; (b) Assume some or all operations, assets and functions of the Eagle Air Alliance; (c) Continue planning and development for the enhancement and operation of regional transportation system in the Eagle River Valley, to include operation and/or financial support for multimodal surface and air transportation; (d) Study, design, financially support and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including but not limited to the development of park and ride facilities, bus stops, and pedestrian crossings; (e) Study, design, financially support and implement, with partnerships as appropriate, improvements to the regional transit system to support, advance and achieve climate action goals, including but not limited to conversion of bus fleet to zero or reduced greenhouse gas emission rolling stock, zero or reduced greenhouse gas emission transit facilities, and increase of transit ridership that reduces passenger vehicle miles travelled; (f) Coordinate with the Colorado Department of Transportation (“CDOT”) and federal governing agencies to enhance regional transit, including but not limited to improvements to connections to the RTA area via Bustang and other statewide bus programs and increased air service to the Eagle County Regional airport; (g) Represent the Eagle County RTA area with regard to state and federal legislation affecting available funding to support regional transit operations and with regard to legislation affecting operations; and (h) Study, design, financially support and implement, other regional transportation and mobility programs and operations, such as regional e-bike sharing programs. 7. RETAINING THIRD PARTY FACILITATORS AND CONSULTANTS. A central purpose of this MOU is to reach an understanding on the retaining of third party facilitators and consultants to assist with the administrative, legal, and technical details in the formation of an RTA, assist with the community engagement process, and assist with determining consensus and community support for any ballot issues which may be referred to the voters. The Scope of Work for any third party facilitators and/or consultants shall be reviewed and approved by the RTA Formation Committee. Third party facilitators and consultants will be retained by Eagle County pursuant to such contract terms as may be approved by Eagle County in its discretion and Eagle County shall be responsible for the administration of such contracts. 8. FUNDING CONTRIBUTION. Funding contributions for third party facilitators and/or consultants should be based on the proportionate share of population within the jurisdiction of each respective local government party to this MOU (meaning the Eagle County population less the population within ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 5 of 13 municipal jurisdictions that are parties to this MOU). Parties to this MOU may agree to any other arrangement for funding contributions. An initial funding contribution is necessary to retain thirty party facilitators and consultants to commence Phase 1 work in 2021. An additional funding contribution is necessary for the Phase 2 work which is expected to begin in the 2022 budget year. (a) Phase 1 Funding Contribution: $30,000 is the contemplated budget to commence the work of the RTA Formation Committee in 2021, which is comprised of a budget for facilitation of committee meetings, initial community outreach, facilitating and coordinating research and consideration of transit enhancement ideas and associated funding, initial research on funding options, compiling comparison information of other regional transit authorities and preparing RTA presentation materials. Eagle County, the Town of Vail and the Town of Avon have offered to share this expense equally ($10,000 each). (b) Phase 2 Funding Contribution: $170,000 is the contemplated budget to continue the work in 2022, which is comprised of a $140,000 to continue community engagement work, assist with revision to an RTA proposal including financial modelling of different options and scenarios, revise and update RTA presentation materials, and assist with the determination of any referred ballot measures and associated factual statements and information presentations related to the formation of an RTA; and a $30,000 budget for legal advice and assistance related to RTA formation and associated funding questions. (c) Additional Funding Contributions: The parties to the MOU may consider funding additional activities such as political polling by mutual agreement at a later date. 9. ADMINISTRATIVE SUPPORT. The Eagle County Regional Transportation Authority (“ECRTA”), as a department of Eagle County Government and the current regional transportation provider, has been engaged in the planning, design, and development of a regional transit system for Eagle County. ECRTA will provide administrative, technical and planning assistance to the RTA Formation Committee until the establishment of a statutory RTA, with assistance from other entities as may be mutually agreed. ECRTA’s responsibilities will include but not be limited to the following: (a) Assist the RTA Formation Committee in engaging professional and consulting services to manage the work of the RTA Formation Committee; (b) Act as the fiscal agent of funds received from the signatory municipalities of this MOU; (c) Disperse appropriate payments of funds for services rendered specifically to the RTA Formation Committee, including those of contracted consultants; (d) Serve as the applicant for any appropriate grant funding opportunities for which the RTA Formation Committee may be eligible for its work; (e) Act as the contracting party for any agreements to be entered into on behalf of the RTA Financial Committee. ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 6 of 13 10. TERM. The term of this MOU shall end on November 1, 2022 unless the parties to this MOU extend the term of this MOU by written agreement. 11. TABOR. This MOU shall not create any multi-year fiscal obligation of any party to this MOU and any funding contribution or other financial commitment shall be subject to annual budget and appropriation of each party. [SIGNATURE PAGES FOLLOW] ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 7 of 13 EAGLE COUNTY BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 8 of 13 TOWN OF AVON BY: ____________________________________________________ Date:___________________ Sarah Smith Hymes, Mayor ATTEST:________________________________________________ Brenda Torres, Town Clerk ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 9 of 13 TOWN OF EAGLE BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 10 of 13 TOWN OF GYPSUM BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 11 of 13 TOWN OF MINTURN BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 12 of 13 TOWN OF RED CLIFF BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ ATTACHMENT A: MOU RTA Formation Committee Memorandum of Understanding – DRAFT August 19, 2021 Page 13 of 13 TOWN OF VAIL BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ ATTACHMENT A: MOU Colorado Legislative Council Staff Room 029 State Capitol, Denver, CO 80203-1784 (303) 866-3521 •FAX: 866-3855 •TDD: 866-3472 leg.colorado.gov/lcs E-mail: lcs.ga@state.co.us M E M O R A N D U M September 14, 2017 TO:Interested Persons FROM:Ryan Long, Fiscal Analyst, 303-866-2066 SUBJECT:Regional Transportation Authorities Regional Transportation Authorities Under Colorado law, municipalities, counties, and special districts can join together in a “combination” to create a regional transportation authority (RTA) to address transportation needs within a specific geographic region. The state of Colorado, acting through the Transportation Commission and with approval from the Governor, may also join a contract creating an RTA. Establishment of an RTA.To establish an RTA, the combination of governments seeking to create it must submit a copy of their contract to the Colorado Department of Transportation (CDOT) for review and comment, as well as to any affected public highway authority, county or municipality that borders the proposed RTA. A copy of the contract must also be sent to the Regional Transportation District (RTD), which creates and maintains a transit system primarily in the Denver metropolitan area, if it borders the proposed RTA. These contracts include information on the name and purpose of the authority, the establishment and operations of the board of directors, the boundaries of the authority, and the term of the contract. No municipality, county, or special district may enter into a contract establishing an RTA without holding at least two public hearings. In order to take effect, a contract must be approved by the registered voters within the boundaries of the district. RTA authority.RTAs have the authority, through a board, to finance, construct, operate, or maintain regional transportation systems within or outside their boundaries. RTAs must be governed by a board of directors with at least five elected officials from the members of the combination of governments, and must include at least one elected official from each member. An RTA board may adopt bylaws, make and pass orders and resolutions necessary for the governance of the authority, maintain offices and hire employees, and amend the contract that created the authority. Summary This memorandum provides information concerning regional transportation authorities (RTAs). Specifically, it provides an overview of state laws pertaining to RTAs, RTAs currently established, powers of and financing mechanisms available to RTAs, and sales and use taxes levied in each of the five currently operational RTAs. ATTACHMENT B: RTA Overview - 2 - An RTA is prohibited from constructing a transportation system outside of its boundaries or within the boundaries of a municipality or county without the consent of that entity’s governing body. If the RTA’s proposed transportation system affects, alters, or negatively impacts the road systems controlled by CDOT, RTD, or any bordering entities, the impacted entity may enter into an intergovernmental agreement with the RTA to address the identified services before a proposal is submitted to registered electors. If no agreement is established, the transportation project affecting the other entity must be taken off of the list of projects specified in the contract. RTA boards may also create local improvement districts (LIDs) within their boundaries to facilitate the financing, construction, operation, or maintenance of regional transportation system improvements. The LID is a localized geographic area in which improvements are constructed, and revenue for these projects is primarily raised through a special assessment process. To establish an LID, the RTA board must receive a petition from the owners of the property that will bear the majority of the cost assessment on the proposed improvements, as well as a petition from registered electors in the proposed district. RTA financing.State law authorizes RTAs to establish, collect, and increase or decrease tolls, rates, and charges to finance a transportation system. RTAs may also levy sales taxes, impose an annual motor vehicle registration fee, levy a visitor benefit tax, impose a uniform mill levy, establish regional transportation activity enterprises, and issue bonds, as shown in Table 1. RTA taxation questions and multi-year debt questions must be submitted to the registered electors residing within the authority's boundaries for approval. Unless specified in an intergovernmental agreement, any funds made available for an RTA's transportation system may not be used to supplant existing or budgeted CDOT funding for any portion of the state highway system within the territory of any RTA or any transportation planning region. Table 1 Financing Mechanisms for Regional Transportation Authorities Financing Mechanism Provisions Statutory Citation Sales or Use Tax RTAs may levy a sales or use tax, or both, of not more than 1 percent upon every transaction with respect to which a sales or use tax is levied by the state. If a member of the RTA is located within more than one authority, the total sales and/or use tax may not exceed 1 percent. The RTA may levy a sales or use tax at differing rates in designated parts of the authority. However, if the authority includes territory within the RTD's boundaries, the rate of the tax must be levied in such a way that the rate of tax within the territory of any single member of the combination is uniform. Section 43-4-605 (1)(j)(I), C.R.S. Annual Motor Vehicle Registration Fee RTAs may impose an annual motor vehicle registration fee of not more than $10 for each motor vehicle registered within any or all portions of the RTA boundaries. If a motor vehicle is registered in a county that is a member of more than one RTA, the total motor vehicle registration fees for that vehicle may not exceed $10. Section 43-4-605 (1)(i), C.R.S. ATTACHMENT B: RTA Overview - 3 - Financing Mechanism Provisions Statutory Citation Visitor Benefit Tax RTAs may levy a visitor benefit tax on those purchasing overnight rooms or accommodations within the RTA's boundaries. The visitor benefit tax may not exceed 2 percent of the price of the overnight room or accommodation. Further, at least 75 percent of the revenue derived from the tax must be used by the RTA to finance, construct, operate, and maintain the RTA's regional transportation system and to provide incentives to overnight visitors to use public transportation. No more than one-third of the RTA’s total revenues may be derived from this tax. Section 43-4-605 (1)(i.5), C.R.S. Mill Levy*RTAs may impose a uniform mill levy of up to five mills on all taxable property within the territory of the authority. Imposing such a levy does not affect the power of an authority to establish LIDs and impose special assessments. Section 43-4-605 (1)(j.5)(I), C.R.S. Regional Transportation Activity Enterprises RTAs may establish one or more enterprises. The enterprise must be owned by the entire authority, and may not be combined with another enterprise owned by a separate RTA. Enterprises may issue or reissue revenue bonds, and contract with other governmental or private entities for loans and grants related to the enterprise's functions. Section 43-4-606, C.R.S. Bonds Pursuant to a resolution of its board, an RTA may issue bonds for any of its corporate purposes. Section 43-4-609, C.R.S. Source: Legislative Council Staff. *This provision is currently set to repeal January 1, 2029. The only RTA that has imposed a mill levy is the San Miguel Authority for Regional Transportation. Current RTAs.The following five RTAs are currently operating in Colorado: •Gunnison Valley Transportation Authority; •Pikes Peak Rural Transportation Authority; •Roaring Fork Transportation Authority; •San Miguel Authority for Regional Transportation; and •South Platte Valley Regional Transportation Authority. The Baptist Road Rural Transportation Authority, which was created to provide a funding mechanism for improvements to Baptist Road in a portion of Monument, Colorado, was dissolved in December 2016 after raising sufficient funding to pay off bonds. Table 2 summarizes the current and former RTAs in Colorado, including membership and respective sales, use, and property tax rates. The scope and types of projects in RTAs can vary widely. For example, the Roaring Fork Transportation Authority operates the largest RTA public transit system, and utilizes 106 buses with 153 bus stops and 14 park-and-ride lots. RTAs also engage in large capital projects, such as the $4 million Chestnut Street Bridge Replacement undertaken in 2016 by the Pikes Peak Rural Transportation Authority. ATTACHMENT B: RTA Overview - 4 - Table 2 Regional Transportation Authority Sales, Use and Property Tax Rates Authority Member Municipalities and Counties Sales Tax Rate Use Tax Rate Property Tax Gunnison Valley Rural Transportation Authority Gunnison County, excluding the municipalities of Marble, Ohio, Pitkin, and Somerset 1.0%None None Pikes Peak Rural Transportation Authority El Paso County, excluding the municipalities of Calhan, Fountain, Monument, and Palmer Lake 1.0%1.0%None Roaring Fork Transportation Authority Cities of Basalt and New Castle 0.8%0.8%None Cities of Carbondale and Glenwood Springs 1.0%1.0%None Cities of Aspen and Snowmass Village, and unincorporated Pitkin County 0.4%0.4%None Areas of unincorporated Eagle County in the El Jebel area and outside the city limits of Carbondale 0.6%0.6%None San Miguel Authority for Regional Transportation City of Telluride and eastern San Miguel County (excluding towns of Ophir and Sawpit) 0.25%None 0.75 mills South Platte Valley Regional Transportation Authority City of Sterling 0.1%0.1%None Former Regional Transportation Authorities Authority Member Municipalities and Counties Sales Tax Rate Use Tax Rate Property Tax Baptist Road Rural Transportation Authority* A portion of the city of Monument 1.0%1.0%None Source: Colorado Department of Revenue. *The Baptist Road Rural Transportation Authority stopped collecting sales and use tax on July 1, 2016, and was dissolved in December 2016. S:\LCS\MEMOS\2017\Regional Transportation Authorities_8302017.docx ATTACHMENT B: RTA Overview Regional Transit Optimization Project July 20, 2021 Regional Transit Optimization Project July 20, 2021 AD HOC TECHNICAL COMMITTEE: Tanya Allen –ECO Transit Director Greg Hall –Vail Public Works Scott Robson –Vail Town Manager Brandy Reitter –Eagle Town Manager Brian Nolan –Business Owner Chris Romer –Vail Valley Partnership Paul Gorbold –Vail Resorts Jen Brown –Beaver Creek Resort Company Eva Wilson –Avon Mobility Director Eric Heil –Avon Town Manager Regional Transit Optimization Project July 20, 2021 PURPOSE of this meeting •Review efforts and ideas to date of the Ad Hoc Regional Transit Optimization Committee with ECO Transit board and other stakeholders •Begin the dialogue with stakeholders and the greater community •Proceed with community process to research and define a Regional Transit enhancement program and formation of a Regional Transit Authority Regional Transit Optimization Project July 20, 2021 Review Process to Date: •January, 2020: Meeting of Vail and Beaver Creek Economic Advisory Councils to discuss improvements to transit •August 21, 2020 –Outline for Regional Transit Optimization Project effort presented to Mayors and Managers •Mayors and Managers supported formation of Ad Hoc Technical Committee to review concept and initial details •Meetings Ad Hoc Committee held a series of meetings in fall of 2020 and winter 2021 •June 11, 2021 –Mayors and Managers meeting: Consensus to focus on proposal for formation of a Regional Transit Authority Regional Transit Optimization Project July 20, 2021 Planning Goals 1.Enhance Transit Service and Increase Ridership 2.Explore Administrative and Operational Efficiencies 3.Research a Regional Transit Authority Specific Transit Enhancements to Explore 1.Improvements to frequency and pricing for ECO routes 2.Free and frequent transit between Vail and Beaver Creek ski resorts 3.Establish Eagle –Gypsum route 4.Climate Action Goals: electric busses, increased ridership Regional Transit Optimization Project July 20, 2021 Ad Hoc Technical Committee Findings 1.Strong need to hire professional to assist with community outreach and coordination 2.Limited need to hire a technical consultant to analyze transit operations and options 3.Need for an employee survey to supplement recent CAC Transit Opinion Survey 4.Define a process to research options and costs, conduct comprehensive and effective community engagement, formulate proposal, and refer to an election 5.Inclusion of Eagle Air Alliance into a comprehensive regional transit enhancement plan is desired Regional Transit Optimization Project July 20, 2021 County Wide Employee Survey: •Climate Action Collaborative conducted a transit opinion survey in 2020 •Need and benefit has been identified to conduct a similar opinion survey that targets employees through their employers [i.e. ‘Complete this survey!’] •Target date: Fall, 2021 •Use Intercept Insight as local opinion survey company that conducted CAC transit survey •Estimated Cost: $20,000 to $30,000 •$10,000 Grant Funding received from DOLA Regional Transit Optimization Project July 20, 2021 Proposed Pilot Transit Projects 1.Eagle-Gypsum Connector (fare free) 2.Vail-Beaver Creek ski season connector (fare free) Details, estimated costs and structure of partnerships are currently being determined. Regional Transit Optimization Project July 20, 2021 Eagle Air Alliance 1.Dedicated and reliable funding source to replace existing annual funding raising 2.Increase of funding to support expanded air service to Eagle County Regional Airport 3.Economic benefit with incoming visitors; community benefit for increased connections to hub airports Regional Transit Optimization Project July 20, 2021 Next Steps Memorandum of Understanding •Define goals and process •Hire community facilitator(s) and consultant(s) to assist with community engagement process •Address cost sharing •Conduct employee survey on transit needs and preferences •Potential November 1, 2022 Election Date for formation of Regional Transit Authority and tax funding question Regional Transit Optimization Project July 20, 2021 Next Steps Memorandum of Understanding •Parties to the MOU are expected to include the entities currently providing transit and other interested stakeholders •Community engagement process will likely be led by a committee comprised of elected officials with the Ad Hoc transit group continuing to provide technical information and recommendations •Schedule of meetings and presentations to be determined, expected to be an iterative process that incorporates community input and then solicits further community input on revised proposal Regional Transit Optimization Project July 20, 2021 Next Steps Regional Transit Authority •Determination of boundary area (expected to not include Basalt) •Definition of Services (inclusion of Eagle Air Alliance in addition to regional transit services) •Determination of process for adoption (required election by each existing municipality that would be within the proposed boundary area, timing of elections) •Determination of cost of enhancements and additional funding that is supported by the community Regional Transit Optimization Project July 20, 2021 Regional Transit Optimization Project July 20, 2021 Regional Transit Optimization Project July 20, 2021 Contacts: Tanya Allen, tanya.allen@eaglecounty.us Eric Heil, eheil@avon.org 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eric Heil, Town Manager RE: Worksession: Regional Transit Authority Update DATE: February 13, 2022 SUMMARY: This report provides an update on the Regional Transit Authority (RTA) process. Eagle County and the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff and Vail signed a Memorandum of Agreement (MOU) to cooperatively study an RTA and prepare a proposal for voter consideration. The formation of an RTA is the creation a new governmental entity under the Regional Transportation Authority Law.1 An RTA has authority to propose tax increases (subject to voter approval under TABOR2) and authority to operate regional transit and take all actions related to transit operations. This update provides an overview of the process, initial ideas and goals that Avon has articulated for transit enhancements. The details of a proposed RTA is intended to be an iterative process where a draft proposal is provided for stakeholder input and community engagement and then the proposal is revised to respond to community preferences. This process also includes polling of the community on potential ballot questions during late spring and summer. ECO TRANSIT: ECO Transit is operated by Eagle County. A .5% sales tax generates $11,939,000 which is distributed to transit and trails in the RFTA area (Roaring Fork Transit Agency), trails in Eagle County, and the remaining $9,644,000 is distributed to ECO Transit. If an RTA is formed the current understanding is that the new RTA would assume all operations and assets of the ECO Transit and Eagle County would enter into an IGA to remit the current ECO Transit revenues to the RTA. ENHANCED TRANSIT SERVICE: A fundamental goal of the RTA is to enhance transit service throughout the region. There is no contemplation that existing services would be negatively impacted by the formation of an RTA. A “Service Goals” document will be presented soon which identifies various transit enhancement goals and identifies rough cost estimates associated with each goal. The Service Goals document is discussed more below. RTA FORMATION PROCESS: The process to form an RTA requires two or more local governments to approve an Intergovernmental Agreement (RTA IGA), refer that RTA IGA to a general or special election3, and obtain approval from participating local governments. The eligible voters for an election to form an RTA are residents who are registered to vote. The required local governmental jurisdictions include the county and municipalities for the areas to be included. Metropolitan districts have the option to be included; however, metropolitan districts are not legally required. A tax increase or debt authorization may be asked at the same time as the RTA formation question if the election dates meet TABOR requirementsand may be asked as one combined ballot question. 4 A schedule of required actions was prepared in order to potential refer a ballot question to the November 8th, 2022 general election date. This date is an eligible date for both a question on formation of an RTA as well as a question, or combined question, on potential tax increases to fund the RTA. 1 CRS §43-4-601 et.seq . 2 Tax Payors Bill of Rights (TABOR) is the 1992 constitutional amendment that requires voter approval for any new or increased tax. 3 CRS §43-4-603(4) “The question of establishing the authority shall be submitted to such registered electors at a general election or a special election called for such purpose.” 4 CRS § 43-4-603(4) “Such question may also be proposed to such registered electors at the same time and in the same or a separate question as an election required under section 43-4-612.” Page 2 of 2 Avon Council (and other participating members) will be asked to conduct public hearings on a draft RTA IGA in April, then take action to approve the form of the draft RTA IGA by the end of May (for the purpose of referring a draft to Colorado Department of Transportation), then take action in August to refer the final version of an RTA IGA and any associated tax question to the November 8th, 2022 election. REVENUES: An RTA has the authority to impose three taxes with voter approval in accordance with TABOR. These revenues include a sales tax up to 1%, a “visitor benefit tax” (aka accommodations tax) up to 2%, and a property tax up to 5 mills. In addition, an RTA can also impose a $10 registration fee per vehicle within the RTA area. Attached is a revenue sheet showing potential funding sources. For discussion purposes at this point, a 0.5% sales tax increase would generate a little over $11 Million in additional revenues, which could support a number of identified service goals. RTA FORMATION COMMITTEE: The MOU established an RTA Formation Committee to review policy decisions and develop consensus. The RTA Formation Committee consists of a representative from Eagle County and the towns of Vail, Red Cliff, Minturn, Gypsum, Eagle and Avon. Mayor Sarah Smith Hymes is the representative for the Town of Avon. This Committee meets twice per month. I have raised and advocated the inclusion of Beaver Creek Metropolitan District in the RTA IGA as a member of the RTA Board. I believe this is appropriate because (1) there is a high concentration of lodging in Beaver Creek (i.e. visitors and places of employment), (2) Beaver Creek is a current transit operator, and (3) Beaver Creek generates a similar amount of sales tax and lodging tax as Avon. Ultimately, the goal of this Committee is to develop consensus on an RTA IGA document that determines the participants, basic organizational structure, service goals, and funding sources. RTA TECHNICAL COMMITTEE: An RTA Technical Committee also exists as set forth in the MOU. The Technical Committee includes representatives from the four transit agencies in Eagle County, representatives of Vail Valley Partnership and Eagle Air Alliance, and additional representatives from other communities. This Committee is a continuation of the working group that researched preliminary information over the last year. RTA STAKEHOLDER COMMITTEE: A Stakeholders Committee of other interested parties is expected to start in March for the purpose of facilitating community engagement. All existing participants are helping to identify a comprehensive and inclusive list of entities and organization to be included on the Stakeholder Committee. AVON’S SERVICE GOALS: The desired transit enhancement for Avon and the surrounding area has been stated as (1) free and frequent transit between Beaver Creek, Avon and Vail and (2) support for funding for the Eagle Air Alliance. General enhancement of transit service throughout the ECO Transit service area is also expected as well as first and last mile improvements, investment in electric busses, and investment in required facilities and housing to support enhanced transit. A very rough preliminary cost estimate for a fare free transit zone for Edwards/Avon/Beaver Creek/Vail is approximately $3 Million. REQUESTED COUNCIL DIRECTION: Confirmation that Avon transit enhancement service goals are appropriate at this point in the process is desired. Thank you, Eric ATTACHMENT A: Formal Action Timeline ATTACHMENT B: Eagle County RTA/Potential Funding Sources Eagle County RTA Formation Committee January 21, 2022, Regular Meeting Organizational Steps Discussion 1 ORGANIZATIONAL TIMELINE AND CHECKLIST Note: For discussion only. This timeline represents the latest dates provided for in statute to place the formation of the RTA on the November 8, 2022 election ballot. Additional diligence and coordination needed to adjust timeframes for intermediate milestones. Outside Timeframe Target Timeframe Task Authority Responsible Party1 Prior to End-January 2022 Drafting, discussion, and negotiation of IGA. See notes at bottom re: required elements and key decisions/items for discussion. [Note: The deadline for finalization of IGA terms is basically now. The implication is – every day needed for negotiation of the IGA requires shortening timeframes for other steps in the schedule; particularly in the timeframe for comment on the IGA by CDOT and adjoining counties/municipalities. To the extent the regional transportation systems to be included can be de-conflicted in advance, we should have the ability to gain time, day-for-day, in the outside timeline.] - Formation Committee and all participating entities. 45 days prior to approval of the IGA. No later than January 27, 2022, if assumptions around March 13, 2022, below hold true. (See options to mitigate/shorten timeframe for CDOT/affected entity approvals.) 45 days prior to approval of the IGA. No later than March 17, 2022, assuming first jurisdiction approval of IGA roughly May 2, 2022 (to allow for meetings to occur prior to Memorial Day). Provide notice to DOLA and the Department of Revenue containing the proposed boundaries of the authority and the methods proposed for financing regional transportation systems in the authority. A copy of the notice(s) provided under this item are also to be filed with the Transportation Commission (CDOT) and the State Auditor. [Note: This provision referencing the “creation of the authority” could refer to either the date the IGA is approved, the election date, or the later date on which organization is certified by DOLA (which is not a certain date); the RTA Law refers to “creation of the authority” and the effective date of such creation somewhat interchangeably. We would suggest providing this notice as soon as the proposed methods for financing are agreed, 45-days prior to the earliest date on which the IGA will be approved (which is likely not earlier than the first required public hearings).] 43-4- 614(1)(a) Formation Committee 1 References to the Formation Committee may include Eagle County or other designee(s) acting on behalf of the Formation Committee. 2 Outside Timeframe Target Timeframe Task Authority Responsible Party1 [Note also: A separate notice is required specifying the amount of the fee or tax proposed to be imposed under 43-4-614(1)(b); however, this notice can be satisfied by the notice above.] No sooner than 10 days following published notice. (est. notice week of January 31, 2022, for meeting week of February 14, 2022) No sooner than 10 days following published notice. (est. notice week of April 11, 2022, for meeting week of April 25, 2022) First public hearing on the IGA.2 Note: Timing of these notices and meetings to be refined for each jurisdiction based on results of questionnaire/jurisdiction-specific meeting schedules and practices. 43-4-603(3) Each participating entity. No sooner than 10 days following published notice; prior to entering into the IGA. (est. notice week of February 21, 2022, for meeting week of March 7, 2022) No sooner than 10 days following published notice; prior to entering into the IGA. (est. notice week of May 2, 2022, for meetings week of May 16, 2022) Second public hearing on the IGA. 43-4-603(3) Each participating entity. No later than March 13, 2022, if full 90 days allotted for comment by affected entities and an additional 90 days to enter into an IGA to address concerns(re: for example May 27, 2022 (Before Memorial Day) “Combination” creates, by contract (the “IGA”), an authority that is authorized to exercise the functions conferred by 43-4-601 et seq. (the “RTA Law”). (Effective upon: a. Affirmative vote of the registered electors residing within the boundaries of the proposed authority (See 43-4-603(4)); and b. the issuance by the DOLA Director or a certificate stating the RTA has been duly authorized. The DOLA Director shall issue the certificate upon filing of the IGA by the combination joining in the creation of the authority. (See also 43-4-603(1)). 43-3-603(1) Each participating entity. 2 The 45-day advance notice required to be given by the board of the authority to any county or municipality where a tax is proposed to be imposed under 43-4-613(1) would not seem to apply prior to organization of the authority. However, we suggest following the public comment requirements of 43-4-613(2) with regard to meetings of the participating entities where a “public hearing” is required. 3 Outside Timeframe Target Timeframe Task Authority Responsible Party1 overlapping service, cost share, etc.) [Note on boundaries: To discuss intended boundaries and inclusion of subsequently annexed property. See SMART IGA, also Wal-Mart Stores v. Pikes Peak Rural Transp., 434 P.3d 725. Also to discuss entity-by-entity organizational election in SMART IGA, and reconciling this with statutory language re: “vote of the registered electors residing within the boundaries of the proposed authority.”] [Note on timing: Duration of item can be (i) mitigated as noted below through early engagement with CDOT/adjacent counties and municipalities, or (ii) reduced through expeditious removal of portions of regional transportation systems (projects) of concern (requiring approval of changes to IGA by participating entities).] Following approval by all participating entities. (same date as last approval of IGA; see prior note) Copy of IGA provided to CDOT for comment. [Note: To consider whether IGA could be provided once two entities have approved, provided that the language of the IGA is not changed thereafter by additional participating entities. Conservatively, should assume all entities approve prior to submitting to CDOT.] Copy of IGA also provided to each county and municipality that is not a member of the combination (a participating entity) that includes territory that borders the proposed territory of the authority. 43-3-603(1) Formation Committee No later than 90 days following receipt of IGA for comment. CDOT or a bordering county or municipality may inform the combination that executed the IGA that any portions of the “regional transportation systems” to be provided by the proposed authority that involve road construction or improvement (as specified in the IGA), and that are on, alter the structure of, or negatively impact safe operation of any highway, road, or street under its jurisdiction, then, at the request of the affected entity, the combination shall either: a. Enter into an IGA with the affected entity concerning the identified portions (specifying whatever terms are deemed necessary to avoid duplication of effort and ensure coordinated transportation planning, efficient allocation of resources, and 43-4-603(1.5) Formation Committee 4 Outside Timeframe Target Timeframe Task Authority Responsible Party1 equitable sharing of costs) within 180 days after IGA was provided; or b. eliminate those portions from the list of projects specified in the contract (before it submits the IGA to a vote). The affected entity is required to provide evidence of the negative impact. [Note: Early participation by CDOT and bordering counties and municipalities in development of the regional transportation systems to be included could significantly cut down on the maximum potential timeframe to complete this step.] No later than July 19, 2022 Notify the County Clerk of formal action to participate in the 2022 General Election. [To consider whether this could be done by the Formation Committee under the MOU; this timeline assumes authorization by each participating entity to notify the County Clerk of intent to participate in the election, without full approval of the IGA. To discuss and confirm with Formation Committee. Timing not possible if all approvals are needed prior to this notice being given.] 1-7-116(5), 1- 1-106(5) All participating entities. August 30, 2022 Last day to sign IGA with County Clerk for conduct of the election. 1-7-116(2) Formation Committee September 9, 2022 Last day to certify ballot order and content for the 2022 General Election [Note: This timeline assumes full approval of the IGA needed by this date at the latest. To discuss and confirm.] 1-5-203(3)(a) Formation Committee September 23, 2022, 12:00pm Last day to file written comments concerning ballot issue with the designated election official (DEO) in order to be included in the ballot issue notice. [To confirm intent re: designation of DEO for purposes of organizational election and role of Eagle County as lead agency.] 1-7-901(4), Article X Section 20(3)(b)(v) (TABOR) Formation Committee (or DEO ) September 23, 2022 Last day for petition’s representatives to submit favorable comments to the DEO for inclusion in the ballot issue notice. 1-7-903(3), 1- 1-106(5) Formation Committee (Petitioners) 5 Outside Timeframe Target Timeframe Task Authority Responsible Party1 September 26, 2022 Last day to provide full text of ballot issue notices to the County Clerk. 1-7-904 Formation Committee November 8, 2022 Election Day - November 17, 2022 Deadline for [the board] to notify the department of revenue of the effective date of the tax. [To confirm potential earliest timing of certification of election results; this might not be complete in time for a January 1 sales tax effective date, in which case the tax would be effective July 1, 2023.] 43-4- 612(1)(b) Authority Board November 18, 2022 Deadline for County to finish tabulating ballots and generate a summary report. Rule 25.2.2(e) County Clerk November 30, 2022 Last day for County to complete the canvass and submit abstracts to Secretary of State. (Results uploaded December 1.) 1-10-102(1), 1-10-103(1) County Clerk January 1, 2023 Earliest date a sales or use tax could be effective. 43-4- 612(1)(b) - ADDITIONAL KEY DECISIONS / ITEMS FOR DISCUSSION The following are mandatory terms for the contract (IGA) establishing the authority. Underlined items are those that likely require significant discussion amongst the participating entities: 1. the name and purpose of the authority; 2. the regional transportation systems to be provided3; 3. the establishment and organization of the board of directors, including: a. the number of directors, which shall be at least five 4, all of which shall be elected officials from the members of the combination (the participating entities), and which shall include at least one elected official from each member; b. the manner of the appointment, the qualifications, and the compensation, if any, of the directors and the procedure for filling vacancies; 3 Regional transportation system" is defined at 43-4-602(16). 4 We have assumed the State (CDOT) will not participate in the proposed RTA. 6 c. the officers of the authority, the manner of their appointment, and their duties; and d. the voting requirements for action by the board; except that, unless specifically provided otherwise in the [IGA], a majority of the directors of the board constitutes a quorum and a majority of the board is necessary for action by the board; 4. provisions for the distribution, disposition, or division of the assets of the authority; 5. the boundaries of the authority, which: a. may not include territory outside of the boundaries of the members of the combination; b. may not include territory within the boundaries of a municipality that is not a member of the combination as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of such municipality; and c. may not include territory within the unincorporated boundaries of a county that is not a member of the combination as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of such county; 6. the term of the [IGA] which may be for a definite term or until rescinded or terminated; 7. the method, if any, by which it may be terminated or rescinded; except that the [IGA] may not be terminated or rescinded so long as the authority has bonds outstanding; 8. the provisions for amendment of the contract; 9. the limitations, if any, on the powers granted by [the RTA Law] that may be exercised by the authority; and 10. the conditions required when adding or deleting parties to the contract. • Note that this schedule does not include timeframes required either by ordinance or by custom and courtesy for approval by individual jurisdictions. We will need to gather and supplement the schedule with that information. • Note that the IGA is not required to include details regarding the methods proposed for financing and revenue generation. However, the notices required to be provided to DOLA and the Department of Revenue, as well as the timelines leading to certification of ballot language, suggest that the following items should also need to be decided between the participating entities on the same timeline as the IGA is negotiated: Transportation/Program Decisions A. Will specific regional transportation systems (capital projects, operational priorities, air service commitments, etc.) be included in the ballot language for approval, or alternatively, determined by the authority board at a later date? Financial Decisions B. Which of the following are to be included, and at what level? a. Sales tax b. Property tax c. Visitor benefit tax 7 d. Vehicle registration fees C. Debt authorization? • Also to discuss: How will these decisions be made; i.e. is there a minimum “program” (capital and operating) we intend to commit to, and revenue needs will be “backed into” from there? Or alternatively, will revenue-generating decisions be made by the participating entities by other means (negotiation, polling, etc.), in which case, decisions regarding the regional transportation systems to be included might be impacted. 2021 - 1% Sales Tax (Estimate)DISTRICT 2022 NET ASSESED VALUE, NET of TIF Estimated annual 1% "Visitor Benefit Tax" * Vail 7,420,171.50$ Eagle County 3,520,985,070.00$ Avon ** $500,000.00 Minturn 246,440.74$ Eagle County Health Service District * 3,248,227,590.00$ Eagle 20,000.00$ EagleVail * 565,013.04$ Proposed Eagle County RTA 2,805,414,260.00$ Gypsum N/A Avon 3,812,340.38$ Vail 2,651,241.00$ Bachelor Gulch * 735,750.10$ Beaver Creek 605,000.00$ Arrowhead * 135,906.10$ Minturn 10,000.00$ Edwards * 1,333,257.33$ Edwards N/A Eagle 1,531,699.59$ 1 mill 2,805,414.26$ $3,786,241.00 Gypsum 2,240,491.82$ 2.5 mills 7,013,535.65$ Red Cliff 22,077.06$ 5 mills ** 14,027,071.30$ Two Rivers * 50,088.82$ Red Sky Ranch * 51,029.11$ Unincorporated ** 3,870,165.60$ Proposed RTA 1% 22,014,431.19$ Tax Impact Estimates Proposed RTA 0.5% 11,007,215.60$ $500,000 actual residential value / $35,750 assessed value 1 mill = $35.75 / year 5 mills = $178.75 / year $1 Million actual residential value / $71,500 assessed value 1 mill = $71.50 / year 5 mills = $357.50 / year $1 Million actual commercial prop value / ~$290,000 av 1 mill = $290 / year 5 mills = $1,450 / year * Countywide 0.5% sales tax ECO Transit $9,644,090.00 ECO Trails $1,071,566.00 RFV Transit (RFTA)$611,795.00 RFV Trails (RFTA)$611,795.00 2021 estimated $11,939,246.00 ** Unincorporated Eagle County area, but excludes the districts identified with *. Also excludes El Jebel area. ECO Transit Sales Tax Data* Proposed RTA Property Tax Estimate ** Current law allows RTA to seek voter approval for a uniform mill levy of up to 5 mills Eagle County RTA / Potential Funding Sources Sales Tax Data Property Tax Data * NOTE: Beaver Creak is included in Unicorporated. Areas that are within unincorporated Eagle County are broken out from the Unincorporated tax amount because there was sufficient data at the county level to Accomodations Tax Data * According to RTA statute, "visitor benefit tax" on accomodations cannot "cause the aggregate amount of the visitor benefit tax and any lodging tax imposed on such overnight rooms or accommodations to exceed two percent of the price of such overnight rooms or accommodations." ** Avon already has accommodations tax of 4% and a recently enacted short- term rental tax of 2%. * Ambulance district excludes RFV/Basalt/El Jebel Proposed Eagle County RTA Boundaries / 2022 Assessed Value: $2,805,414,260.00 2022 NET ASSESED VALUE, NET of TIF Eagle County 1 $3,520,985,070 Town of Avon 30 $234,872,120 Town of Eagle 32 $167,541,130 Town of Gypsum 33 $184,358,910 Town of Minturn 34 $32,922,710 Town of Red Cliff 35 $6,014,760 Town of Vail 36 $1,206,181,100 Key Metro Districts: Arrowhead Metro District 52 $124,965,150 Bachelor Gulch Metro District 67 $163,255,760 Beaver Creek Metro District 54 $329,711,800 EagleVail Metro District 57 $103,918,780 Edwards Metro District 59 $201,113,620 Other Entities: Airport Commerce Center Metro District 131 $3,613,300 Arrowhead Metro District 53 $73,780 Avon Station Metro District 38 $17,539,380 Beaver Creek Metro District 99 $1,296,590 Bellyache Ridge Metro District 55 $5,348,290 Berry Creek Metro District 56 $81,688,360 Buckhorn Valley Metro District #1 102 $36,850 Buckhorn Valley Metro District #2 101 $13,851,090 Cascade Village Metro District 61 $68,770,260 Cedar Hill Cemetery District 41 $184,042,390 Chatfield Metro District 105 $8,245,390 Colorado Mountain College 12 $3,519,850,750 Colorado River Water Conservation District 76 $3,344,377,030 Confluence Metro District 37 $982,080 Cordillera Metro District 63 $84,993,090 Cordillera Metro District - Consolidated 107 $102,261,540 Cordillera Mountain Metro District 45 $19,039,100 Cordillera Valley Club Metro District 106 $25,760,530 Cotton Ranch Metro District 65 $16,468,230 Eagle Cemetery District 42 $282,312,550 Eagle County Conservation District 90 $3,017,730,540 Eagle County Health Service District 96 $3,248,227,590 Eagle Ranch Metro District 44 $75,610,850 Eagle River Fire Protection District 100 $1,152,574,750 Eagle River Station Metro District 117 $91,370 Eagle River Water & Sanitation District 69 $2,597,766,990 Eagle River Water & Sanitation District - Subdistrict 85 $1,229,467,670 Eagle Valley Library District 94 $2,043,243,060 Edwards Metro District West End Subdistrict 143 $803,710 Greater Eagle Fire Protection District 46 $270,794,620 Gypsum Fire Protection District 50 $175,863,790 Haymeadow Metro District #1 136 $246,910 Haymeadow Metro District #2 137 $21,430 Haymeadow Metro District #3 138 $56,540 Haymeadow Metro District #4 139 $22,530 Haymeadow Metro District #5 140 $52,850 Haymeadow Metro District #6 141 $2,870 Holland Creek Metro District 88 $64,430 Horse Mountain Ranch Metro District 68 $2,903,500 Lake Creek Metro District 78 $18,809,110 Mid Valley Metro District 60 $151,001,780 Minturn Cemetery District 43 $1,339,597,030 Minturn General Improvement District 128 $573,020 Mountain Rec District 62 $846,952,980 Mountain Vista Metro District 39 $3,601,500 RE50J - Eagle County School District 16 $3,245,443,040 Red Sky Ranch Metro District 87 $17,674,560 Sienna Lake Metro District 104 $865,950 Smith Creek Metro District 66 $410,150 Solaris Metro District #1 121 $11,660 Solaris Metro District #2 122 $31,542,490 Solaris Metro District #3 123 $7,104,950 Timber Springs Metro District 133 $1,770,650 Tower Center Metro District 129 $193,410 Town of Avon General Improvement District 1 127 $3,029,370 Traer Creek Metro District 93 $61,560 Two Rivers Metro District 97 $6,641,780 Vail Park & Rec District 58 $1,228,454,040 Vail Square Metro District #2 115 $15,115,540 Vail Square Metro District #3 116 $12,776,220 Valagua Metro District 112 $4,471,640 Village Metro District 95 $16,635,960 WG JT 1 - West Grand School District 25 $1,134,320 Avon Station Metro Debt Svc - NEW from Avon TIF 147 $982,040 Property Tax Entities Overlapping with Proposed RTA 970.748.4413 matt@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP Planning Director RE: Planning and Zoning Commission Appointments DATE: April 20, 2022 SUMMARY: There are four open seats on the Planning and Zoning Commission (“PZC”). Three of the seats are for two-year terms, and one of the seats is a one year term being created by the resignation of Chairperson Barnes, who is moving out of the area. Seven (7) applications were received for the four (4) seats. The applicants have been asked to be made available during the meeting in case there are any questions from Council. In terms of qualifications, Section 7.12.040 of the Avon Municipal Code (“AMC”) requires “registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to PZC.” The stated composition goal is to strike a balance between lay community and industry professionals. SOLICITATION: Since early March, the Town has continually posted the opening on Avon.org/jobs as well as the Vail Daily job classifieds. A press release, social media posts, and ongoing paid advertisements in the Vail Daily have been active. In addition to these avenues, staff included a brief in the Avon Heartbeat Newsletter. PZC COMPOSITION: Below is a summary of the continuing members and applicants, their professions, place of residency and time on PZC if applicable: TERMS THROUGH MAY 2023: Name Profession Residency Terms/Notes Anthony Sekinger Construction/Data Analyst. Avon Since 2/2021 Martin Golembiewski Civil Engineer Avon 2+ Terms Steve Nusbaum DRB/Metro Dist. Edwards 3 Terms Jared Barnes Planning Manager *Avon *3 Terms/Resigning TERMS ENDING MAY 2022: Name Profession Residency Terms/Notes Donna Lang Interior Design/Avon Bus Eagle-Vail First Term Sara Lanious Construction Manager **Edwards First Term Trevor MacAllister Construction Manager Avon First Term *Creates open one-year seat with resignation **Resided in Avon at time of appointment. APPLICANTS: Name Profession Residency Terms/Notes Donna Lang Interior Design/Avon Bus Eagle-Vail 1 Term Kenneth Howell HR Consultant Minturn 2.5 Terms (’16-’19) Kevin Hyatt Business/First Aid Avon Health and Rec Committee Bill Glaner Landscape Architect Avon 1 Term (‘17-‘19) Tom Schaefer EV Business Develop Avon Olivia Cook Planner/Housing Avon Jason DeKowzan Construction/Masonry Avon 970.748.4413 matt@avon.org OPTIONS: · Fill four (4) vacancies: or · Fill 2 seats and direct staff to amend the AMC and reduce structure to five (5) individuals: or · Delay (re)appointments until next meeting APPOINTMENT FORMAT: 30 minutes is scheduled for PZC appointments. All applicants have been invited to attend the meeting to present their interest in serving, and to answer questions. I recommend the meeting order below. Each applicant should be given three minutes to explain their interest and answer questions. Proposed meeting order: · Donna Lang Interview · Kenneth Howell Interview · Kevin Hyatt Interview · Bill Glaner Interview · Jay Peterson Interview · Tom Schaefer Interview · Olivia Cook Interview · Jason DeKowzan · Town Clerk Distributes Ballots · Town Council Members Nominate up to four (3) Positions · Town Clerk Announcement of Voting Results DISCUSSION: PZC has been structured as a seven-person board since its inception. Some communities contain fewer members (i.e. five) or multiple boards such as a zoning board of adjustment and design review board. Soliciting interest for PZC has become increasingly difficult over the past several years, especially from Avon residents. The Town Council should consider amending the AMC to reduce the size of the commission from seven (7) to five (5) members, keeping the recommended mix of lay citizens with industry professionals, and at least three (3) being Avon registered electors at the time of appointment. Alternative composition could include five (5) members with one (1) alternate who has voting powers when there is an absence, or lack of quorum. With one seated member residing outside the Town (Nusbaum), only one additional non-Avon resident/voter can be appointed at this time. Commissioner Donna Lang has applied to continue with another term, therefore, if she is reappointed, all other seats must be filled with Avon residents/voters. This would result in Kenneth Howell not being eligible for appointment. Industry and past PZC experience should be a strong consideration when make all appointments. RECOMMENDATION: Appoint two members (with not more than one non-Avon resident/voter) and direct staff to amend AMC Section 7.12.040 (c), Membership size reduction from seven to five, 7.12.040 (d) Qualifications with at least 3 Avon residents/voters, and 7.12.040(e) quorum size reduced to three. ATTACHMENTS: Applicant Information 1 From: Kenneth Howell Sent: Tuesday, March 29, 2022 3:46 PM To: Jobs Email Subject: P&Z Application Hello, This email is effectively my letter of interest for an open seat on Avon P&Z. I have prior experience on this Commission and am eager to help continue to support the growth of this community. Affordable Housing and Smart Growth have historically and continually been of great interest to me and I believe that I offer unique insight into how we can solve some major issues with livability in this valley. Avon is poised with an ability to take the lead on these efforts by continuing to build on this thriving community and I offer great zeal and passion to these efforts. Attached is my application and Resume and I look forward to hearing from your team soon. Thanks, Kenneth J. Howell, SHRM‐CP EDUCATION/ AWARDS Austin Peay State University BS Public Management- Urban Planning Focus on Community Development Vail Resorts Camp 1 graduate- Selected for Leadership Excellence FY13-14 & 17-18 Spirit of Beaver Creek SHRM-CP- since 2017 COMMUNITY SERVICE Epic Promise Sept 2009-Jan 2021 Liaison for Multiple nonprofits, member of the Eagle County Grant Review, and Beaver Creek Community Captain Town of Avon May 2016- Nov 2019 Planning and Zoning Commissioner Communities that Care Mar 2017-Nov 2019 Board Member and Committee Chair Global Volunteer Network Volunteered in Nepal in September 2015 as a Team Leader for a group of 10 volunteers from across the globe. Local Volunteerism Habitat for Humanity, highway cleanups, trail building, Mental Health Awareness, and Suicide Prevention. SKILLS Change management champion, and Developer of people. Active promoter of Diversity, Equity, and Inclusion initiatives. Exemplary Event Management experience, strong promotional skills, and skilled in speedy bartending/serving in high pace environments. A guest service guru. Adept at engaging and motivating employees, thus generating enlightening feedback. PASSIONS AND ACTIVITIES Community and Environment motivate me, they enrich my life, and I have an endless passion for serving others. I enjoy hiking, backpacking, snow-skiing, fly-fishing, rafting, golf, travel, the mountains, and the open ocean. KENNETH J. HOWELL, SHRM-CP kennethh81@yahoo.com WORK EXPERIENCE Owner & Founder of KJH Culture Feb-2021-current • HR consultancy supporting Non-profits and Small businesses in Mountain communities. • Developed and Tested Culture Analysis Model • Clients include Ski & Snowboard Club Vail, Habitat for Humanity Vail Valley, Mountain Youth, and Vail Valley Partnership. Vail Resorts-Beaver Creek Ski Resort- SR Specialist: Generalist Nov 2014-Jul 2019 • Business Partner for Skier Services, Village Ops, and Hospitality. • Created frameworks for open communication between managers and employees, fostering positive relationships that lead to stronger teams. • Created, planned, promoted, and executed employee events and programs including employee Website. Employee Recognition Captain • Led employee engagement survey promotion and rollout. • Retrieve data for our Business Partners to support staffing needs and business decisions. • Developed strong relationships with Talent Management, Talent Development, Compensation, and Benefits have been crucial for my ability to support our teams. Vail Resorts Retail- The North Face- Beaver Creek & Crested Butte, CO- Store Manager Dec 2008-Nov 2014 & Nov 2019- January 2021 • Duties included step-in leadership for retail operations in Crested Butte, integration to Vail Resorts Policies and Procedures, and inventory captaincy. • Responsible for closing the original Beaver Creek location and organizing the opening of our new location. Our team established record revenue levels during the 4 years of my Leadership during a slowed economy. • Responsible for interviewing, hiring, and training an in- season staff of 15 associates. • Leadership style is team-focused with an interest in helping my staff reach their utmost potential. Dick’s Hunting & Outdoor Adventure Tour-Team Leader Jul 2008-Nov 2008 • Traveled across the US promoting Hunting and Outdoor Equipment. • Maintained adequate product knowledge and managed sales quotas; Trained and managed a crew of 10 in set-up, execution, and tear-down of events. • Outreach and partnerships with local nonprofits in market. Historical Management Experience Michael’s Pizza- Clarksville, TN Operations Manager Bullpen Taverns- Saratoga Springs, NY Bartender and Security Manager April 12, 2022 To the Avon Town Council I first became interested in the planning and zoning committee in 2018 while asking for a zoning change for STRO capability on Nottingham Road. It was an eye‐opening event for me. I have always been interested in the process that defines a towns development, architecture, and style. I can “walk in another person’s shoes” and see as many sides as possible to a situation and make informed decisions. Having owned four townhomes in Avon at one point, I have some experience with what zoning can do for the town. I believe that as a 27‐year resident of Avon that I understand the people and the land. It would be wonderful to serve my hometown in this capacity. I have two older brothers, who have both been the county commissioner in the Warren County, TN where I was raised. (The oldest, Harold, is running again this year.) I also have a cousin who is the road commissioner of Rutherford County, in Tennessee. It seems it is in my family’s blood to try to give back to the community that we reside. Kevin Hyatt 1 From: Thomas Schaefer Sent: Monday, April 18, 2022 2:30 PM To: Jobs Email <jobs@avon.org> Subject: planning commission application Hello, I'd like to be considered for a seat on the town's planning commission. I am a full‐time resident of Avon, having rented and now owning a property since 2020 in Wildridge. I have a strong technical background and an established career focused on electric vehicles and their supporting industries. I currently work remotely from Avon for the world's largest battery recycling company, Ecobat. Throughout my career, I have promoted action and minimized waste. As a veteran of the US Navy, having served aboard submarines and worked in the Pentagon for several years, I understand what it takes to wade through bureaucracy, as well as the necessity for such governing bodies. As a leader in private industry, I also have a clear understanding of what is and is not reasonable to ask of our private sector partners. Finally, as a voter and homeowner in Avon, I have a vested interest in seeing the needs and desires of our community reflected in our government. I want to make Avon the best possible mountain town, and will push for fair, equitable decisions that fall to the planning commission. I am engaged throughout the Valley, and wish to see Avon be the ideal balance of full‐time locals and gracious recreational hosts. References follow. Best, Tom Schaefer References: Chris Shomaker (Wildridge homeowner), 865‐323‐8973 Brian Ahearn (Edwards homeowner), 317‐345‐7154 Alex Kelley (Navy colleague), 251‐654‐1533 TOM SCHAEFER 4057 Wildridge Rd. | Avon, CO 81632 (978) 870‐8537 | Schaefer.ThomasG@gmail.com February 22, 2021 EXPERIENCE 2017‐2022 AMPHENOL CORPORATION Business Development Director, Electric Vehicle & Battery, January 2021‐Present Avon, CO ● Coordinating 20+ independent business units to maximize penetration and conversion. ● Driving development of new products, technologies and capabilities, emphasizing future requirements. ● Supporting key accounts with multi‐billion dollar lifetime potential. Business Development Manager, Electric Vehicle & Battery, January 2019‐January 2021 Denver, CO ● Developed $200M+ new business opportunity pipeline for North America. ● Quickly gained technical expertise across a diverse range of products from connectors to advanced sensors. ● Managed multiple $10M+ programs simultaneously, ensuring everything from concept proposal to delivery logistics occurred on‐time with high quality. ● Global responsibility, managing teams in China, Germany, Mexico, and USA among others. Business Development Manager, Electric Vehicle Charging, July 2018‐January 2019 Denver, CO ● Built EV Charging growth strategy with $100M+ revenue target by 2023. ● Initiated customer contact and derived market insights on previously unexplored market. ● Continued to hold responsibility for market while developing vehicle side opportunities, leveraging synergies. PCD Business Development Manager Intern, June 2017‐August 2017 Beverly, MA ● Created market entry and growth strategy for new product line with expected sales of $50 million at maturity. ● Built long term supply chain strategy for largest revenue ($25 million) product line in a cost sensitive industry. 2016 TESLA MOTORS Fremont, CA Indirect Sourcing Intern, February‐May 2016 ● Led several sourcing events from cradle to grave, achieving over 30% cost savings on a per part basis. ● Developed internal and external cost analysis tool to improve negotiation leverage and design efficiency. ● Innovated new sourcing strategy to maximize supplier participation via past purchasing analysis. 2009‐2015 UNITED STATES NAVY Washington, DC Assistant Allied/Coalition Interoperability Officer, The Pentagon, December 2013‐December 2015 ● Negotiated on behalf of the US Navy in several international organizations, advancing US Navy agenda. ● Briefed and led presentations for several Admirals and senior executive personnel. ● Awarded the Navy and Marine Corps Commendation Medal for superior service. Submarine Division Officer, USS New Mexico (SSN 779), December 2010‐May 2013 Groton, CT ● Ranked first of thirteen Junior Officers onboard. Held five dynamic management roles in diverse groups. ● Led ship in the Captain’s stead in both an engineering intensive maintenance environment and a highly dynamic operational environment as Ship’s Duty Officer and Officer of the Deck. ● Assistant Engineer and Assistant Weapons Officer positions held simultaneously. Rare to hold both positions, responsible for reactor plant and weapons system maintenance and execution, as well as training and direct leadership of over 50% of the ship’s crew. ● Awarded the Navy and Marine Corps Achievement Medal along with several other individual and unit honors. EDUCATION 2016‐2018 KELLOGG SCHOOL OF MANAGEMENT Evanston, IL NORTHWESTERN UNIVERSITY Master of Business Administration, June 2018 ● Strategy and Finance Majors, Kellogg Veterans Association, Rugby Football Club 2005‐2009 MASSACHUSETTS INSTITUTE OF TECHNOLOGY Cambridge, MA Bachelor of Science, Materials Science and Engineering, June 2009 ● Delta Tau Delta Fraternity Recruitment Chairman; Chief of the Battalion, Naval Reserve Officer Training Corps ADDITIONAL INFORMATION ● Dedicated educational volunteer including: Horton’s Kids disadvantaged youth tutor and mentor, Service to School MBA Coach, Kellogg School Alumni Interviewer, MIT Alumni Interviewer ● Qualified Nuclear Engineer through Naval Nuclear Reactors, a Master’s level of education for Plant Propulsion Systems. ● Avid skier, sailor and traveler. Olivia T. Cook • Avon, Colorado • oliviacooks95@gmail.com • (509) 844-4771 April 19, 2022 Avon Town Council 100 Mikaela Way Avon, CO 81620 Dear Avon Town Council Members, My name is Olivia and I am writing to apply for a position on the Town of Avon Planning and Zoning Commission. I am interested in serving on the Commission because I love living in Avon and am excited for the opportunity to give back to the community by helping review land use applications and shaping land-use policies. I miss working in the planning world and understand how critical zoning and the Planning Commission can be in shaping communities. Additionally, as a renter and young professional in the valley, I am enthusiastic about representing renters and advocating for affordable housing when possible. My love for the Town, passion for affordable housing, and professional experience make me an excellent candidate for a position on the Commission. My previous role as a Planner with Eagle County prepares me to understand the role of a commissioner and the importance of adhering to land use regulations, as well as the community’s vision for the Town through the Comprehensive Plan. I am familiar with planning and zoning documents since my previous position required review of land use applications’ conformance with both. Additionally, I assisted with the County’s effort to update the Comprehensive Plan by researching existing conditions in the County across a variety of topics. These experiences prepare me to help analyze land use policies that will maintain the small-town character we all love while thoughtfully preparing for inevitable growth. I also have the skills and knowledge to evaluate land use applications for compliance with code requirements. I currently work for the State of Colorado as a Housing Development Specialist within the Division of Housing. My role allows me to work with local governments and organizations across twelve counties on the Western Slope as they prepare grant and loan applications to assist with affordable housing development. I am passionate about housing and understand many of the unique hurdles to housing development in rural and resort towns in Colorado. My knowledge in this area prepares me to advocate for affordable housing policies when possible while also following the comprehensive plan and zoning code. I have loved living in the valley and getting to call this beautiful place home. I would be honored to serve as a commissioner and help our community continue being the best it can be. Thank you for your time and consideration. I look forward to hearing from you. Sincerely, Olivia Cook Olivia T. Cook • Avon, Colorado • oliviacooks95@gmail.com • (509) 844-4771 REFERENCES • Morgan Beryl Executive Director for the Haywood County Arts Council Former supervisor as Eagle County Community Development Director Morgan.lee.beryl@gmail.com (917) 375-9943 • Julie Pranger Staff Engineer at Eagle County Government Julie.pranger@eaglecounty.us (970) 328-3563 • Andrew Atchley Housing Development Specialist Team Lead – State of Colorado Current supervisor Andrew.atchley@state.co.us (719) 298-2903 Olivia T. Cook • Avon, Colorado • oliviacooks95@gmail.com • (509) 844-4771 RELEVANT PROFESSIONAL EXPERIENCE Housing Development Specialist – State of Colorado – Avon, CO August 2021 – Present • Review and underwrite applications for gap financing of affordable housing development for State grants or loans • Review and underwrite applications for affordable housing financing opportunities including down payment assistance grants and private activity bonds • Meet with local governments, nonprofits, and developers regarding affordable housing projects and explain various State and federal funding opportunities • Present affordable housing development projects to the State Housing Board Assistant Planner – Eagle County Government – Eagle, CO August 2019 – August 2021 • Assisted with the development of an updated Comprehensive Plan by researching current housing needs and policies in Eagle County and synthesized information into a report on existing conditions • Reviewed land use development proposals, evaluated conformance with the Eagle County Land Use Regulations (ECLURs) and developed written staff reports and oral presentations analyzing land use applications in public hearings • Managed land use applications throughout the review process, coordinating with various County departments and local and state agencies • Presented land use development proposals before the Planning Commission and Board of County Commissioners • Researched properties and answered zoning inquiries submitted by real estate agents, developers, and the public, regarding land use development in the County Planning Intern – Pierce County Planning and Public Works – Tacoma, WA June 2017 – May 2018 • Wrote reports on synthesized survey data and presented the report to long-range planners to relay key issues community members highlighted about new community plan updates • Proofread the county’s long-range community plans for 4 areas to ensure they were free of errors and easy for community members to understand • Read, coded, and synthesized community members’ responses to a survey about county zoning changes to present the overall findings to long range planners EDUCATION Pacific Lutheran University (PLU) Bachelor of Arts in Political Science and Global Studies Minor in Chinese Studies TRAININGS • National Development Council Housing Development Finance - Virtual 2022 (ongoing) • Land Use Law Conference - Denver, CO 2019 • Mountain and Resort Town Planners Summit - Lake Tahoe, CA 2019 Jason DeKowzan PO Box 3850, Avon, CO 81620 303‐523‐4080 (cell) 970‐949‐0176 (Work) Jason@jdmasonryllc.com Dear Board Members, I am applying for your board position on the Planning and Zoning Commission. I have lived in the town of Avon since early 2000. I am very interested in the future growth and development of our community and the direction our town is headed. I want to have a role in preserving the character of our community while ensuring managed growth from an environmentally concerned prospective. I believe my background and skill-set as a business owner in the construction industry will be useful to the board. This will be a great learning experience for me around planning and zoning, as well as help me understand the policies and issues of our town. Last but certainly not least, I feel this would be an excellent opportunity for me to give back to my community. I look forward to discussing this opportunity with the board. Thank you for your time and consideration, Sincerely, Jason DeKowzan Jason DeKowzan PO Box 3850, Avon, CO 81620 303‐523‐4080 (cell) 970‐949‐0176 (Work) Jason@jdmasonryllc.com EXECUTIVE SUMMARY CEO and President of JD Masonry LLC, providing full masonry services for homeowners, contractors, property managers, development companies and architects in the Vail Valley, Colorado mountain areas, and Metro Denver since 2006. 20+ years of experience in masonry construction management with a strong track record of performance in the high-paced construction industry. Excel in dynamic demanding environments while remaining pragmatic and focused. Manage and oversee all aspects of the company including sales, marketing, strategy development, fiscal management, customer/client relationships, project management, inspections, safety program and training needs as well as hiring personnel and ensuring insurance and licensing requirements are current. Services include CMU, Brick, Concrete Unit Pavers, Fireplace Construction, Dry Stack Stone Retaining Walls, Thin Stone, Synthetic Stone Veneer, Stone Veneer Installation, Interior and Exterior, Flagstone Walkways, Patios, Terraces and Interior Flooring. Installations Include Moisture Barriers and Design Services are available. Projects include high-end custom residential homes, banks, office buildings, stores, schools and multi- family townhomes as well as government projects such as Lionshead Transit Center and Welcome Center, Avon Walgreens, Avon Comfort Inn, Ford Amphitheatre, Red Rocks Amphitheatre Beer Garden, Denver Housing Authority Mixed Housing Development, CDOT Eisenhower Tunnel and City of Blackhawk Gregory Street Plaza Renovation. WORK EXPERIENCE JD Masonry LLC, Avon and Arvada, CO Sept 2006 – Present Owner Grew start-up business through strong work ethic, commitment to excellence, outstanding customer service and ongoing referrals. Successfully completed numerous, multiple construction projects including residential, commercial and government. Oversee daily operations, sub-contractor arrangements, quality control, job site coordination, client meetings and project schedules. Manage P&L oversight, payroll, budgeting, marketing, sales and employees. Create and implement company safety program and training following OSHA practices. Read blueprints, produce cost/price estimates and order materials. Maintain in-depth knowledge of the construction industry and best practices Ensure all necessary permits, fees, bonds, insurance and licenses are ordered and current. Gallegos Corporation, Denver and Vail, CO Aug 2000 – Sept 2006 Estimator and Project Manager Responded to bid packages promptly. Prepared estimates by calculating complete takeoffs of scope of work. Participated in bid strategy and presentation meetings. Determined construction labor costs, fabrication costs, overhead and profit. Prepared for project hand off from estimating to operations. Created proposal, RFPs, budgets and estimates for projects. Set-up, managed and supervised projects including the schedule of values (SOV), billing requirements and change orders. Procured materials, equipment and subcontracts if needed. Prepared requests for payment. Monitored and collected all project receivables with the contract terms. Met with the owner/client weekly or as needed to ensure customer satisfaction. Supervised project superintendent to ensure projects are on schedule and within budget. Monitored and maintained the project schedule including interaction with subcontractors, material suppliers and vendors. Processed change orders for all approved change requests and adjusted projections and schedules as well as budgets and SOVs as required. Ensured all project documentation is accurate, complete, timely and current. Completed project close out documentation and ensured punch list is completed in a timely and cost effective manner. EDUCATION Bachelor of Science in Construction Management August 2001 Colorado State University, Fort Collins, CO OSHA Ten Hour Certification OSHA Focus Four Forklift/Aerial/Scissor Lift Certification REFERENCES Beck Building Company Scott S Turnipseed, AIA Architecture & Construction PO Box 4030, Vail, CO 81658 1143 Capitol Street, Suite 211, Gypsum, CO 81631 Kevin O’Donnell (President) 970 949-1800 Scott or Jim Turnipseed (Owners) 970 328-3900 Evans Chaffee Construction Cadre General Contractors 77 Metcalf Road, Avon, CO 81620 2950 S. Fox Street, Englewood, CO 80110 Chris Evans (President/CEO) 970 845-0466 Tyler Davis (VP & COO) 303 783-2100 970.748.4014 mmorgan@avon.org TO: Honorable Mayor Smith Hymes and Town Council FROM: Max Morgan, Planner I Eric Heil, Town Manager Jena Skinner, AICP, Senior Planner Matt Pielsticker, AICP, Planning Director RE: Ord 22-08, Repealing and Reenacting Section 5.04.060 of the Avon Municipal Code Ord 22-09, Approving Amendments to Title 7 of the Avon Municipal Code and Amending the Short-Term Rental Overlay District for Resident Occupancy Area DATE: April 26, 2022 INTRODUCTION: On April 12, 2022 the Avon Town Council held a work session to discuss current short- term rental (“STR”) regulations and potential changes. Direction was provided to return with a variety of options at the April 26, 2022 regular meeting. Before Town Council are two Ordinances for consideration: Ordinance 22-08 (“Attachment A”), provides for amendments to STR licensing practices, and Ordinance 22-09 (“Attachment B”)provides amendments to the short-term rental overlay (“STRO”) district to create a subset of resident occupied (“RO”) properties. 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. The proposed changes are supported by the Avon Community Housing Plan policies, as elaborated in this report. First reading of these ordinances is intended to provide Council and the community with a chance to understand what will be published with a second reading, and subsequent public hearing. Public comments will be accepted throughout this process. This Report summarizes Council’s direction received on April 12, 2022, provides additional detailed information on locational attributes and trends with licensing in Avon, and describes proposed alternatives for consideration when drafting of the second reading of the Ordinances. APRIL 12, 2022, WORK SESSION: The Avon Town Council work session included consensus to evaluate the following actions: • Consider a Moratorium for defined period of time (i.e. 6 months) on STR licenses to address regulations. Staff Response: Without clear majority support, no moratorium is presented at this time. • Do not proceed with a third-party fee study; propose tiered fee structure based upon property type and unit size. Staff Response: A new fee structure is proposed as part of Ordinance 22-08. The fees reflect anticipated administrative time to process, monitor, and enforce licenses, and establish a tiered based upon unit type and size. Front desk operated properties would still pull a single license, but the license fee will be based upon number of units. • Update STR Overlay Map and propose tiered system of licensing, with RO tier. Staff Response: Ordinance 22-09 proposes to modify the existing short-term rental overlay (STRO) area to include a RO area. The map has also been updated to accurately reflect Planned Unit development (“PUD”) zoned properties that permit STR use. Page 2 of 8 • Evaluate and present more complete data on STR licensed properties, including trends. Staff Response: In addition to total number of licenses issued, this report includes locational information and trends for STR licensing. For example, STR license trends in the proposed RO portion of the overlay district outpace the rest of the STRO District. Sales data is included for relevance. • Evaluate and propose best practices for management and oversight of STR properties. Staff Response: As part of updated licensing requirements, Staff is proposing Minimum STR Management Requirements for all new licenses and renewals. These requirements will establish minimum standards for safety of Short Term Rental properties. 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 Avon Community Housing Plan (2021). 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 license 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 8 CURRENT LICENSES AND TRENDS: The total number of STR business licenses issued by the Town has increased from 77 in 2016 to 245 at the end of 2021 (Exhibit 1-1). Exhibit 1-1 0 50 100 150 200 250 300 2016 2017 2018 2019 2020 2021 # of STR Business Licenses Issued by Year Page 4 of 8 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. As of the date of this report, the Town currently maintains 326 licenses (“Attachment C”)”. Currently, front-desk managed properties are required to have only one business license to host multiple short-term renters. Upon further research, the front-desk managed properties includes 128 units over 9 properties (See Exhibit 1-2) 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. Exhibit 1-2 Property Manager Location Address # of Units Beaver Creek West BC West 288 W Beaver Creek 37 Beaver Creek West Avon Lake Villas 177/179 Lake Street 16 Vail Management Company Avon Center 100 W Beaver Creek Blvd 9 East West Hospitality The Ascent 38390 US 6 15 East West Hospitality Riverfront Lodge 1 Waterfront Way 17 Vail Beaver Creek Resort Property Riverfront TH 1 Waterfront Way 9 Vail Beaver Creek Resort Property The Seasons 137 Benchmark Rd 19 Vail Beaver Creek Resort Property Chapel Square 240 Chapel Place 2 Vail Beaver Creek Resort Property Lodge at Brookside 37305 US 6 4 TOTAL UNITS 128 VILLAGE AT AVON: The Village (at Avon) PUD does not permit short term rentals as defined and licensed in the rest of Town. The Village (at Avon) PUD permits Hotel uses by Special Review Use in Planning Area A; Vacation Clubs and Temporarily Divided Dwellings are permitted in Planning Area C and D; Hotel, Motel, Lodge as Special Review Use on Main Street in Planning Area D; Hotels are permitted in Planning Area I; Hotel, Motel, Lodge are permitted in Planning Area J. Many of the properties in the Village (at Avon) permit “Commercial” uses or mixed-use commercial, however, Section B.10(e) of the Second Amended and Restated Village (at Avon) PUD Guide states that short term rental is specifically excluded from the definition of Commercial. Vacation Clubs (i.e., Vacasa) have unique ownership structure, and Temporarily Divided Dwellings are timeshare. Page 5 of 8 AVON COMMUNITY HOUSING PLAN: The proposal to change STR regulations is rooted in the Avon Community Housing Plan, which contains the following directives: 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. REGIONAL ANALYSIS OF REGULATIONS: Communities and municipalities throughout Colorado employ a variety of strategies and policies to manage the impacts and capture the benefits of STRs. The Colorado Association of Ski Towns (“CAST”) developed a STR Ordinance Matrix (“Attachment D”) 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) RESIDENT OCCUPIED OVERLAY / ORDINANCE 22-09: Proximity to Avon Elementary serves as the basis for a property’s inclusion in the newly proposed Resident Occupied Short Term Rental Overlay (RO- STRO). The Town considers properties around Avon Elementary as “more oriented for full-time resident use (Community Housing Plan, 2021)” and identifies that STRs have “the potential to adversely impact the Page 6 of 8 availability of residential housing for long-term rental opportunities (Avon Community Housing Plan, 2021).” Properties in the RO-STRO represent 16.8% of dwelling units in the Town, and 31% of dwelling units in the current STR Overlay District in 2022. Since 2016, the properties in the RO-STRO have an: 1. Increasing number of STR licenses 2. Increasing percentage of total STR licenses in the Town (Exhibit 2-1) 3. Increasing percentage of the overall property sales in the Town 4. Accelerated rate of sale price increases when compared to properties not in the RO- STRO (Table 1-1) Exhibit 2-1 Residential properties in the proposed RO-STRO, an area identified by the Town to be more suitable for long-term, full-time housing, has experienced a disproportional increase in STR licenses that outpaces other areas in the STR Overlay. Additionally, the rate of sale prices for those properties in the proposed RO-STRO has seen a greater increase than properties not in the RO-STRO. The properties in the RO- STRO represent a greater percentage of overall residential sales in the Town in 2021 than in years prior. Table 1-1 Average Sale Price of Residential Properties in Avon (U.S. Dollars) Years Within RO-STRO Outside RO-STRO 2016 - 2018 $376,164 $614,105 2019 - 2021 $452,939 $664,876 % Increase 20.40% 8.30% 0% 5% 10% 15% 20% 25% 2016 2017 2018 2019 2020 2021 Percentage of Total Avon STRs in the Proposed RO-STRO by Year Page 7 of 8 Ordinance 22-09 is drafted to bifurcate the existing STRO District, and create a new Resident Occupied Short Term Rental Overlay (RO-STRO) District. The requirement for properties in the RO-STRO is that properties may continue to utilize the properties for STR purposes under the following circumstances: 1. Existing License – properties with existing active STR license will continue until the use ceases or ownership changes. All licensing and sales tax requirements remain in effect and must be maintained. 2. Resident-Occupied – Owner or renter, proving primary residency, also occupies the unit concurrently with STR and only a portion of the unit is occupied by STR use. 3. Seasonal Use – Owner or renter utilizes the unit for at least eight (8) months out of the year as primary residence. SHORT TERM RENTAL LICENSING: Ordinance 22-08 would establish more detailed regulations and oversight of Short Term Rentals, including fees that are based the type and size of the Short Term Rental unit and Minimum STR Management Requirements to promote minimum safety standards for Short Term Rental units. Minimum Management Requirements. Ordinance No. 22-08 establishes Minimum STR Management Requirements which are based on a review of similar requirements adopted in other communities and awareness of management issues and concerns that have arisen with Short Term Rentals in Avon. Fees. Short Term Rental licenses must current play a seventy-five dollar ($75) annual fee. Based on 326 licenses, the Town currently collects approximately $24,500 annually which is used to offset administration. The new proposed fee structure is graduated based upon the type of unit (RO-STR versus STR), number of bedrooms, and number of units for front desk managed properties. It is commonly accepted to base licensing fees for front desk properties on number of units managed (i.e. $10/per professional managed unit in Vail). Increased administration, oversight, verification and enforcement is expected to require 3-4 hours per STR unit which is expected to translate to 1,200-1,800 hours per year, or the equivalent of .5 to 1.0 full- time employees. 35% of the proposed Short Term Rental license fee is intended to meet the administrative expense of overseeing the Short Term Rental licensing program. Additionally, there is a nexus between Short Term Rental use and increased job generation compared with long term residential use. The Town of Avon Employee Housing Mitigation Formula (AMC §7.20.100) lists workers required as .8/room for Lodge/Hotel, .4 per unit for Property Management, and .33 per dwelling unit for residential use. Staff views STR use as more analogous to Lodge/Hotel as generating a greater employee needs for cleaning, management of units, services related to supporting STRs and the overall visitor service industry in general. 65% of the proposed STR License fee is intended to meet the impact of increased employee needs to support STRs and would be dedicated to the Community Housing Fund. COMMUNITY INPUT: Changes to the STRO to add RO tier will include mailed notification to all affected property owners. There are 24 properties located in the proposed RO area, with a total of 679. All individual property owners would receive mailed notification in advance of a public hearing. As stated, the Avon Planning and Zoning Commission will conduct a public hearing on code text and zoning map amendments. Page 8 of 8 Written public comments are attached (“Attachment E”) to this report. Many more public comments are expected once the full scope is finally defined by the attached Ordinances. PROCESS AND SCHEDULE: By Section 6.5 of Avon’s Charter, amendments to the Avon Municipal Code are made by approving first and second reading of an Ordinance. The second reading of ordinances must be published in advance of a public hearing for final consideration. Ordinance 22-08 could proceed as follows: April 26, 2022 – First Reading Approval May 10, 2022 – Second and Final Reading November 1, 2022 - Effective Date (NOTE: This timeframe would allow for notification to property owners and adoption of updated forms and requirements to implement the new Short Term Rental Licensing requirements) Changes to the STRO and text contained in Title 7 of the Avon Municipal Code, require two readings of an Ordinance with Town Council and advanced notification and a public hearing with the Planning and Zoning (“PZC”) Commission. Avon Town Council may approve first reading of an Ordinance to amend the Development Code Text and change zoning and refer the application to PZC for its review. The fasted possible schedule for Ordinance 22-09 is as follows: April 26, 2022 – First Reading (Staff must prepare a complete application to PZC by May 6, 2022) May 6, 2022 – Mailed and Published Notification for PZC Hearing May 17, 2022 – PZC Public Hearing May 26, 2022 – Council Public Hearing and Second and Final Reading of Ord 22-09 June 26, 2022 – Effective Date of Ord 22-09 TOWN MANAGER RECOMMENDATION: I recommend proceeding with both Ordinance No. 22-08 (“Attachment A”) Short Term Rental License Fees and Ordinance No. 22-09 (“Attachment B”) Amending the Short-Term Rental Overlay District; however, I believe that allowing an extra 30-60 days for community input if needed to receive input and respond to questions and comments would result in a better process and better final result. Thank you, Matt, Jena, Max and Eric ATTACHMENT A: Ordinance 22-08 ATTACHMENT B: Ordinance 22-09 ATTACHMENT C: Active Avon STR Licenses ATTACHMENT D: CAST STR Matrix ATTACHMENT E: Public Comments Ord 22-08 Short Term Rental Licenses April 26, 2022 – First Reading Page 1 of 3 ORDINANCE NO. 22-08 AMENDING SECTION 5.04.050 OF THE AVON MUNICIPAL CODE CONCERNING SHORT TERM RENTAL LICENSES WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council of the Town of Avon (“Council”) finds that interest and investment in Short Term Rentals has increased in the Town of Avon as well as increased generally in numerous other mountain resort communities, and that such increase in Short Term Rental use has reduced the stock of residential housing available for long-term rentals, thereby exacerbating the lack of local work force housing while increasing the impacts of an accommodations use; and WHEREAS, Council adopted the Avon Community Housing Plan which sets forth certain goals and strategies to promote the availability of Community Housing in Avon, including the adoption of regulations and fees for Short Term Rentals; and WHEREAS, Council finds that the regulation of short term rentals and adoption of minimum management requirements for short term rental use is necessary to 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. Section 5.04.040 Re-Enacted. Section 5.04.050 of the Avon Municipal Code is hereby repealed and re-enacted in its entirety to read as set forth in Exhibit A: Section 5.04.050 Short Term Rentals. Attachment A Ord 22-08 Short Term Rental Licenses April 26, 2022 – First Reading Page 2 of 3 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 on November 1, 2022. 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. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 22-08 Short Term Rental Licenses April 26, 2022 – First Reading Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on [_______________], 2022 and setting such public hearing for [_________________], 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 by the Avon Town Council on [_______________], 2022. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney Chapter 5.04.050 – Short Term Rental Licenses Page 1 of 3 EXHIBIT A: 5.04.050 SHORT TERM RENTALS 5.04.050. Short Term Rentals (a) Short Term Rental License. A Short Term Rental License shall be obtained from the Town prior to any operation of a Short Term Rental or Resident Occupied Short Term Rental. The Short Term Rental License shall serve as the Business License for a residential unit . Failure to obtain and continuously maintain a Short Term Rental License while operating a residential dwelling, or portion thereof, as a Short Term Rental shall be a violation of this Chapter 5.04. (b) Short Term Rental Definitions. The following terms are defined and apply to Short Term Rentals (1) Front Desk or Manager means any arrangement where a property has an on-site front desk or a manager arrangement that oversees more than one short term rental. (2) Resident Occupied Short Term Rental means any residential property for which a full-time resident resides at such residential property as that resident’s primary residence and for which a portion of the property is rented for fewer than 30 days. (3) STR License means a license to operate a Short Term Rental. (4) Short Term Rental means any residential property for which the entire residence is rented for fewer than 30 days and is assessed as residential property by the Eagle County Assessor. (c) Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee. The Short Term Rental License Fee shall be paid annually as follows: (1) Resident Occupied Short Term Rental: $500 (2) Front Desk/Manager for Time Share Properties: $500 plus $25 for each bedroom in the timeshare property that is used for short term rentals. (3) Short-Term Rentals: (i) Studio or One Bedroom: $750 (ii) Two Bedroom: $1,000 (iii) Three Bedroom: $1,250 (iv) Four Bedroom or Greater: $1,500 (d) Minimum STR Management Requirements. The following Minimum STR Management Requirements shall be continuously met by a Short Term Rental License holder and the failure to continuously meet these minimum management requirements shall be deemed a violation of this Chapter and grounds for suspension or revocation of a Short Term Rental License. The STR License Holder shall sign an affidavit each year upon obtaining an STR License and renewing such license that shall affirm compliance with the these Minimum STR Management Requirements. Chapter 5.04.050 – Short Term Rental Licenses Page 2 of 3 (1) Management Contact. The STR License Holder shall communicate current contact information for a Management Contact person to all renters who shall be available to respond to urgent matters, such as water leaks or heating malfunction. The contact information shall include a cell phone number and email address. The designated Management Contact shall be available to respond to any renter within four (4) hours by phone or email and shall be available to respond in person, or cause a designee or agent to respond in person, within twenty-four (24) hours. (2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License Holder shall provide and maintain smoke alarms, carbon monoxide alarms, and fire extinguishers as required to meet minimum building codes. (3) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys must be cleaned on an annual basis. (4) General Maintenance. The STR License Holder shall continuously maintain the residential unit in a manner that is fit for occupancy by visitors, including but not limited to all plumbing, electrical, heating and cooling, and operation of doors and windows. (5) Parking. The STR License Holder shall provide a legal off-street parking space to serve the Short Term Rental License which meets the parking requirements of a Development Plan approved by the Town of Avon or meets the minimum parking requirements set forth in the Avon Development Code. (6) Trash and Recycling. The STR License Holder shall provide cleaning service for trash and recycling and/or access to trash and recycling which is located on the property where the Short Term Rental unit is located. (7) Noise. The STR License Holder shall communicate to tenants that noise which is disturbing to occupants in other neighboring residential units is not permitted before 8 am or after 10 pm. (8) Nuisances. The STR License Holder shall communicate to tenants that nuisances will not be tolerated, including but not limited to odors, smoking, barking dogs. (9) Accurate Representation. The STR License Holder shall accurately represent the residential unit and associated amenities to visitors, including but not limited to size of unit, number of bedrooms, number of bathrooms, access to WIFI, and access to common amenities provided on, or with, the property where the Short Term Rental is located. (10) Visitor Information. The STR License Holder shall provide to Visitors the information and rules in this section and such other minimum information as the Town may determine appropriate for Minimum STR Management Requirements. (e) Advertisement of accommodations. Every property owner providing any room or rooms used for accommodation for a total continuous duration of fewer than thirty (30) days shall obtain and maintain a business license prior to advertising such accommodation. The failure to obtain a business license prior to advertising such accommodation shall be a violation of this Chapter. Chapter 5.04.050 – Short Term Rental Licenses Page 3 of 3 Advertising shall include any written, oral or video communication or publication disseminated by signage, mailing, print, internet listing, e-mail publication, social media, other electronic means, telephone or other means which is intended to directly or indirectly induce a person to use or possess the accommodation for consideration. Any advertisement of accommodations shall prominently display the Avon business license number in the advertisement as, "Avon STR License No. [insert number]". The failure to prominently display the Avon business license number in any advertisement of accommodation shall be a violation of this Chapter. (f) Administration of Short Term Rental Licenses. The Community Development Department shall review license applications and license renewals for Short Term Rentals and provide verification to the Finance Director that licenses meet the minimum requirements for STR Licenses and all relevant provisions of Business Licenses generally. The Community Development Department shall have the authority to create and adopt application forms, procedures for registering complaints, and such additional rules and regulations as may be required to implement and efficiently administer STR Licenses. (g) Complaints and Violations. The Community Development Department shall receive complaints concerning Short Term Rentals including any violations or non-compliance with the requirements of this Section. The Community Development Department shall investigate complaints and determine if non-action, a warning, a fine or revocation of an STR License is appropriate. In all cases, the complaint shall be communicated to the STR License Holder. The procedures and criteria for revocation of Business Licenses set forth in Section 5.04.110 shall apply to proceedings for revocation of a STR License. The provisions set forth in Chapter 5.04 Business Licenses generally for violations, penalties and enforcement shall apply to STR Licenses. Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 1 of 9 ORDINANCE 22-09 AMENDING TITLE 7 OF THE AVON MUNICIPAL CODE AND AMENDMENT OF THE SHORT-TERM RENTAL OVERLAY DISTRICT REQUIRING CERTAIN UNITS OUTSIDE OF THE TOWN CENTER TO BE RESIDENT OCCUPIED WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, The Town Council of the Town of Avon (“Applicant” or “Council”) has submitted a Rezoning application and Code Text Amendment application to modify the Short-Term Rental Overlay District (“STRO”) to create a Resident Occupied Short Term Rental District (“RO”) affecting the following properties, collectively referred to as (“Properties”): [INSERT PARCEL NUMBERS HERE] WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on __________, 2022; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to [approve/deny] the Application; and WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority granted by the Town Charter, its ordinances and State of Colorado law, has review and decision- making authority to approve, approve with conditions or deny the Application; and WHEREAS, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, Council held public hearings on May 24, 2022 (and ________, 2022,) prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then Council took action by approving this Ordinance; and WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Rezoning application; and WHEREAS, pursuant to AMC §7.16.040, Review Criteria the Town Council has considered the applicable review criteria for a Code Text Amendment application; and WHEREAS, the Application complies with AMC §7.16.050(c), Review Criteria, and is Attachment B Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 2 of 9 consistent with the Comprehensive Plan’s goal of providing a balance of land uses while inviting guest accommodations that strengthen Avon’s identity as both a year round residential community and a tourism center while preserving the opportunity to also ensure long-term residential opportunities for workforce in these units; and WHEREAS, the Properties remain suitable for short term rental usage, and all short term rental licenses for the affected properties shall be grandfathered and remain in effect until either the cessation of the STR use in these units or a change in ownership occurs; and, WHEREAS, all of the affected Properties are located outside of the Town Core, where STRO has not been affected, and WHEREAS, this amendment will increase compatibility of STRs of neighboring properties and decrease workforce displacement within the current Properties; and WHEREAS, the STRO shall be split into two-districts: Resident Occupied Short Term Rental Overlay District (“RO-STRO”) and a Short Term Rental Overlay District (“STRO”); and WHEREAS, Resident Occupied (RO) means the occupation and use of a residence on a full-time basis, which is a minimum of eight (8) months occupied by the unit owner or a renter of the unit thereof. RO verification and investigation for STR licensing purposes shall be determined appropriate by the Town Manager to ensure that a resident is continuously occupying and using the residence in a full-time capacity; and WHEREAS, the Application will provide for orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in the Town in accordance with the Purpose statements in the Avon Development Code; and WHEREAS, the health, safety and welfare of the citizens of the Avon community would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with 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: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 3 of 9 Section 2. Rezoning. The Properties are hereby rezoned and the Official Town of Avon Zoning Map shall be amended to designate the Properties as included in the RO-STRO District and no longer in the STRO District as depicted in “Exhibit A – STR Overlay Map”. Section 3. Code Text Amendments. AMC §7.20.190 and AMC §7.24.050 are hereby amended as depicted in “Exhibit B – Code Text Amendments” with strike-out depicting language to be deleted and underline depicting language to be added. Section 4. Effect on Existing Short Term Rental Licenses. Properties that have a valid STR license with the Town of Avon on the effective day of this ordinance shall continue to remain in effect until abandonment of the Short Term Rental use, change in ownership, or revocation of the Short Term Rental license in accordance with the procedures set forth in Chapter 5.04 Business Licensing, as may be amended from time to time. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic 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 8. 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 Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 4 of 9 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 9. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. 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 by the Avon Town Council on [_______________], 2022 and setting such public hearing for [_________________], 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 by the Avon Town Council on [_______________], 2022. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 5 of 9 Exhibit A –STR Overlay Map U S HWY 6 S WIFT G ULC H R D NOTTINGHAM RD EBEAVERCREEKBLVD HURDLN W BEAVER CREEKBLVD B U C K C R E E K R D AVON RD RIVERFRONTLN CHAPELPL MILLIESLN B E A V E R C REEKBLVD U S HWY 6 BENCHMARK RD B E N CHMARK R D S U N R D B E A V E R C R E E K P L STONEBRIDGEDR AVON RD LAKEST PLA ZA W A Y MIKAELA W Y WATERFRONTWY This map was produced by th e Commu nity Development Department. Use of this map should be for general purposes only. To wn of Avon does no t warrant the accuracy of the data contained he rein. Autho r: JSF (EagleCounty), 9/10/1401,000500 Feet Sh ort Term R ent al ba sed on PUD Sh ort Term R ent al Zoning Overlay Railroad Lakes and Rivers Property Boundaries Nottingham Lake E a g l e R i v e r Eagle RiverResident Occupied Short Term Rental Zoning Overlay Town Boundary Town Core (Per Town Core Map*) Town Boundary Limits Short Term Rental Zoning Overlay & PUD Short Term Rentals Map 2022 *Town Core: Means the central commercial core area of Town, including the areas zoned Town Center and the adjacent parcels zoned Mixed Use Commercial, Neighbrhood Comercial, Shpping Center, and PUD, but not including parcels, which are zoned only for residential use. (See Section 7.08.010) Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 6 of 9 Exhibit B – Code Text Amendments 7.20.090 - Overlay districts. (a) Short Term Rental Overlay - STRO. (1) Intention. The Short Term Rental Overlay (STRO) zone district is intended to allow short term rentals of properties, including but not limited to accommodation, apartments, bed and breakfast, condominium, hotel, lodge, motel and residential properties for periods fewer than thirty (30) days subject to the provisions of this Chapter. The STRO zone district shall be an overlay zone district which shall apply to allow short term rentals of properties. Properties in the STRO zone district shall otherwise be subject to all requirements of the underlying zone district. (2) Allowed Use. The following uses shall be permitted in the STRO District: (i) The uses permitted in the underlying zone district or planned unit development (PUD). (ii) Short term rental, except that short term rental use shall not be permitted for any residential unit which is deed restricted for affordable Community Hhousing, long term residential use, primary residential use or full time residential use. (3) Short Term Rental. For the purpose of this Chapter, short term rental shall mean the rental of property for a total continuous duration of less than thirty (30) days. (4) Development Standards. The developments standards within this overlay zone district are regulated by the underlying zone district. (5) Sales and Public Accommodations Tax License. Any property owner who leases or rents property in the STRO or RO-STRO District shall obtain a sales tax license in accordance with Chapter 3.08 and a public accommodations tax license in accordance with Chapter 3.28. The failure to obtain a sales tax license or public accommodations tax license prior to using property for short term rental in the STRO shall be a violation and subject to penalties as described in Title 3. (b) Resident Occupied Short Term Rental Overlay – RO-STRO (1) Intention. The Resident Occupied Short Term Rental Overlay (RO-STRO) zone district is intended to allow short term rentals in residential properties for fewer Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 7 of 9 than thirty (30) days subject to the provisions of this Chapter. The RO-STRO zone district shall be an overlay district which shall apply to allow short term rental of properties, and subject to all requirements of the underlying zone district. (2) Allowed Use. The following uses shall be permitted in the RO-STRO District: (i) Resident Occupied. For the purpose of this Chapter, resident occupied shall mean that the residence is occupied on an ongoing basis for a minimum of eight (8) months per year. (ii) The uses permitted in the underlying zone district or planned unit development (PUD). (iii) Short term rental, except that short term rental use shall not be permitted for any residential unit which is deed restricted for Community Housing, long term residential use, primary residential use as defined herein. (3) Primary Residence. For the purpose of this Chapter, primary residence is defined by Section 3.12.020, and short-term rental use can only take place concurrently with primary residential use. (c) Planned Unit Development. All PUD zone districts shall comply to the dimensional and development standards as well as the review processes and criteria outlined in Section 7.16.060, Planned Unit Developments. 7.24.050 - Use-specific regulations. (a) Public Uses. Where permitted in a district, public uses (as identified in Table 7.24-1, Allowed Uses) must conform to siting and use provisions of the Avon Comprehensive Plan. (b) Arboretum or Botanical Garden. No sales are allowed except through gift shops that are approved accessory uses. (c) Home Occupations. A home occupation must comply with the following limitations and conditions: (1) The use must not produce noise, vibration, smoke, dust, odors, heat or glare noticeable outside the dwelling unit where such activity is taking place; (2) The use is limited to no more than five (5) customers or visitors, other than the occupants, per day; (3) If the use is a day care, the use is limited to no more children than allowed by Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 8 of 9 the state license for a childcare home (a state license is also required to operate a childcare home); (4) The use does not have visible storage of equipment or parking of vehicles not normally associated with a residential use, including but not limited to trucks with a rating greater than three-quarters (¾) ton, earth-moving equipment or cement mixers; (5) The use does not alter the exterior of the property or affect the residential character of the neighborhood; (6) The use does not interfere with parking, access, other normal activities on adjacent properties or with other units in a multifamily development; (7) Employees are not permitted to work on the property; the use shall be carried on by the inhabitants of the property; (8) The use does not require alteration to the residence to satisfy applicable Town fire or building codes or county health regulations; (9) Exterior signs are not permitted; and (10) There may be only incidental sale of stocks, supplies or products. (d) Dwelling, timeshare, interval ownership or fractional fee ownership ("timeshare") must comply with the following limitations and conditions: (1) The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard or other public property or facility unless otherwise permitted by the Town. (2) The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-off units in the development, unless an appropriate level of guest transportation services, such as vans, car-share or shuttle vehicles, are offered as an alternative to having owners and guests using their own vehicles in the Town. (3) The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-site when the owner is not using the estate. (e) Short Term Rental must comply with the following limitations and conditions: Ord 22-09 Amending Short Term Rental Overlay Zone District First Reading - April 26, 2022 Page 9 of 9 (1) Premises shall conform to the applicable requirements of the Town’s building, technical and safety codes adopted by reference in the Avon Town Charter and Municipal Code. (2) Premises must comply with the Minimum STR Management Requirements set forth in Avon Municipal Code Section 5.04.050, Short Term Rentals. License ID Lic Issue Date Business Area Owner Biz Address1 Biz Address2 68660 9/1/2021 Town Center West Jamie Knight 136 Benchmark Rd 68202 8/1/2021 Town Center East Lorna Gunnersen 240 Chapel Pl #BR207 67728 7/1/2021 East River District Michael S. Morrison 5010 Eaglebend Dr 67730 7/1/2021 West Beaver Creek Sandra or Nathan Brightwell 520 W Beaver Creek Blvd A‐102 67738 7/1/2021 West Beaver Creek Diane Cadwell 760 W Beaver Creek Blvd # 205 68212 8/1/2021 West Beaver Creek Pamela Byrd 0520 W Beaver Creek Blvd A‐104 67754 7/1/2021 The Ascent Liz Adams 300 Prater Road (Office) #108, #112, #203, #211, #305, #312, #402 69702 8/1/2021 East River District Mr. Doherty 120 E. Hurd Lane #A‐103 68232 8/1/2021 Riverfront Kim DeHayes 126 Riverfront #917 68236 8/1/2021 West River District Jason Stingl 1050, W Beaver Creek, 2251 Hooker St E102 68242 8/1/2021 Town Center East Michael & Tuti Smith 240 Chapel Place 209 68248 8/1/2021 West Beaver Creek John A and Paula Seaman 177 Lake Street #23 68762 9/1/2021 Town Center West 540 W Beaver Creek Blvd #104 68252 8/1/2021 Town Center East Janet Kean 240 Chapel Place 225 68254 6/14/2021 Town Center East Robert George 240 Chapel Place 230 68258 8/1/2021 Town Center East Katherine Hoey 240 Chapel Place BR217 68260 8/1/2021 Town Center East Shen Smith 210 Offerson Rd 10 71096 2/1/2022 West Beaver Creek Todd Roehr 228 W Beaver Creek Blvd A 68264 8/1/2021 Town Center West Steve Hatley 100 W Beaver Creek Blvd 801 68778 9/1/2021 Town Center West Shelley Slater 100 W Beaver Creek Blvd Avon Center #406 68782 9/1/2021 East River District Jolynn Cunningham 170 Hurd Lane C102 68788 9/1/2021 Town Center East Alex Chernyak 240 Chapel Pl 311 67780 2/9/2022 Riverfront Paula M Lallier 126 Riverfront Lane 616 71102 2/1/2022 Town Center West Kathleen Frank 100 West Beaver Creek Blvd.602 70678 1/1/2022 East River District Robert Offer 140 Hurd Lane B203 71388 3/1/2022 Riverfront Charles Milne 126 Riverfront Lane 820 71390 3/1/2022 Riverfront 126 Riverfront Lane 914 71698 4/1/2022 West Beaver Creek Vacasa LLC 177 Lake St 5 67784 7/1/2021 West Beaver Creek John C Burrill 37247 HWY 6 204 67392 3/1/2022 West River District Courtney Harrison 37347 US 6 Brookside Park 208 67400 6/1/2021 West Beaver Creek Ruth Stanley 310 W. Beaver Creek Blvd.A 68280 8/1/2021 East River District Mike Colman 3000 Eaglebend Dr 12 69832 11/1/2021 Town Center East Jeffrey Hayslip 240 Chapel Place 401 69838 11/1/2021 West Beaver Creek Managed by Turnkey 177 Lake Street 22 69842 11/1/2021 West River District Maridane Hiser 37305 Hwy 6 303 69848 11/1/2021 West Beaver Creek Vacasa LLC 760 W Beaver Creek Blvd #115 71398 3/1/2022 West River District Kenneth Cada 37305 US HWY 6 208 70726 1/1/2022 West Beaver Creek Petra Hrachova 851 West Beaver Creek Boulevard B‐Apt #19 67130 5/1/2021 East River District Vacasa LLC 3000 Eaglebend Drive 5 67840 7/1/2021 West Beaver Creek Grant Gerleman 998 West Beaver Creek Boulevard A210 67846 7/1/2021 West Beaver Creek Kimberly Lynne Appel 288 West Beaver Creek Boulevard H1 67136 4/27/2021 West Beaver Creek Michael Olson 350 W Beaver Creek Blvd #201 68838 3/1/2022 Riverfront Jim Hall 126 Riverfront Lane 321 70748 1/1/2022 West Beaver Creek Christina Verretta 179 Lake Street W3 69418 10/1/2021 Town Center East Vu Nguyen 240 Chapel Pl BR222 68842 9/1/2021 West Beaver Creek Kamila Robinson 414 WestBeaverCreek BLVD A 13 68846 9/1/2021 West Beaver Creek Kristin Moseley 177 Lake Street 13 69420 10/1/2021 Riverfront Steven J. Pritchard 126 Riverfront Lane 140 68840 9/1/2021 West Residential Jenny Sorenson 831 West Beaver Creek Blvd.C9 69878 11/1/2021 West Beaver Creek Jason Lichtman 22 Summit Ash L‐103 69880 11/1/2021 The Ascent Pamela Sommers 38390 Highway 6 209 69874 11/1/2021 West Beaver Creek Melissa Voetberg 440 Beaver Creek Blvd C‐102 70750 1/1/2022 West Beaver Creek Kara Thompson 211 W. Beaver Creek Blvd.A10 69882 11/1/2021 West Beaver Creek Ryan Soutter 288 West Beaver Creek Boulevard O‐2 69884 11/1/2021 Riverfront Susan Nestegard 126 Riverfront Lane 317 70266 12/1/2021 West Beaver Creek Laura Dietrich 177 Lake St.4 70268 12/1/2021 Riverfront Leigh Meintjes 126 Riverfront Ln, Westin 551 70270 12/1/2021 The Ascent Leigh Meintjes 38390 Hwy 6 406A 70280 12/1/2021 Town Center West Zizi Dostinov 217 W BEaver Creek D32 70756 1/1/2022 East River District Ellen Doyle 170 Hurd Lane C103 70758 1/1/2022 Nottingham Rd/Buck Creek Kevin Lee Hyatt 510 Nottingham Rd c 71412 3/1/2022 Nottingham Rd/Buck Creek Joel Green 440 Nottingham Rd #16 70768 1/1/2022 West River District Julie Bulatovic 37305 State Highway Route 6 #114 #114 70774 1/1/2022 West Residential Stacey Osborne 851 W. Beaver Creek Blvd.B12 70776 1/1/2022 West Beaver Creek Joseph Robert Senior 288 West Beaver Creek Boulevard K2 71122 2/1/2022 Town Center East Matt Pollack 240 Chapel Place 315 71126 2/1/2022 East River District Dawn Chadwick 400 Hurd Lane I101 71718 4/1/2022 West Beaver Creek Eric Swanson 288 W. Beaver Creek Blvd. C‐1 70290 12/1/2021 Nottingham Rd/Buck Creek Athena Marquez 420 Nottingham Rd #6 68326 8/1/2021 East River District Athena Marquez 330 Hurd Lane F102 71830 4/1/2022 Riverfront Joshua Tinnon 126 Riverfront Lane 622 67146 5/1/2021 Town Center West Donald John Peterson 137 Benchmark Road 518 67436 6/1/2021 Town Center West Elaine Acevedo 13 4th Street SE 67438 5/16/2021 West River District Wendy Smith 37305 US‐6 Brookside Lodge 109 67440 6/1/2021 East River District Dain Lindeman 270 Hurd Lane D102 67444 6/1/2021 West Beaver Creek Brad Maxwell 414 West Beaver Creek Blvd., A‐17 67446 6/1/2021 West Beaver Creek Dain Lindeman 171 Lake Street C501 71434 3/1/2022 Out of City Brian Neil Cunningham 215 W. Beaver Creek Blvd B‐14 Current Avon STR Licenses - 326 Total Attachment C 69450 10/1/2021 Nottingham Rd/Buck Creek Derek George 220 Nottingham Rd #4 68350 8/1/2021 Town Center West A Larger Story LLC 137 Benchmark Rd 607 68352 8/1/2021 Town Center West 137 BENCHMARK RD #403 67158 5/1/2021 East River District Dawn Chadwick 400 Hurd Lane #I302 69712 9/29/2021 The Ascent Ed Mosley 38390 Hwy 6 #407 69454 10/1/2021 West Beaver Creek Beaver Creek West 177 Lake St. 21 70300 12/1/2021 West Beaver Creek Mike Valigore 1050 West Beaver Creek Blvd. D201 69896 11/1/2021 West Beaver Creek Brad Niese 971 West Beaver Creek Blvd A2 70308 12/1/2021 West Residential Brian Altman 851 West Beaver Creek Blvd B4 69906 11/1/2021 West Beaver Creek Matthew A Martin 288 West Beaver Creek Blvd. H4 70318 12/1/2021 Town Center West Holly Latzko Bilderback 137 Benchmark Rd 611 70806 1/1/2022 West Beaver Creek Adam Kravitz 288 W Beaver Creek Blvd G3 69468 10/1/2021 Town Center West Chris Dillmann 1061 W. Beaver Creek Blvd K101 70334 12/1/2021 East River District Dawn Chadwick 380 Hurd Lane H301 70822 1/1/2022 West Beaver Creek Allison Dienstag 288 W Beaver Creek Blvd. #D3 71136 1/16/2022 West Beaver Creek Pablo Estrada 179 Lake St. #Z1 71446 2/2/2022 West Beaver Creek Tara L Lloyd 288 W Beaver Creek Blvd L4 71144 2/1/2022 Not Yet Set Chad Holtz 3000 Eagle Bend 9 70836 1/1/2022 Out of City 1061 W Beaver Creek Blvd N‐203 70838 1/1/2022 West River District Steve Hatley 30 Benchmark Rd G5 71760 4/1/2022 Town Center West Tammy Ruddick 217 W Beaver Creek Blvd. #C24 67878 7/1/2021 Nottingham Rd/Buck Creek Mike Fitzgerald 440 Nottingham 15 67474 7/16/2021 West River District Steve Hatley 37249 Hwy 6 #101 67192 5/1/2021 West Beaver Creek Alexander Joseph Gschwend 177 Lake St #19 67480 6/1/2021 Town Center West Debbie Darrough or Ashley Wilson 137 Benchmark Rd 324 67486 5/25/2021 West Beaver Creek Matthew David Tuft 179 Lake ST. #X2 70854 1/1/2022 Not Yet Set Loret Davey 330 W. Beaver Creek Blvd #D 67498 6/1/2021 The Ascent Brian Scarpella 38390 Highway 6 309 68046 5/24/2021 Riverfront Arthur G Litke 126 Riverfront Lane 329 67912 7/1/2021 Riverfront Greg Lair 126 Riverfront Lane 217 68894 8/5/2021 Town Center West Doug Sommer 137 Benchmark Road #223 68898 9/1/2021 Town Center East Michael Rich 137 Benchmark Rd 309 68900 9/1/2021 Town Center East Sydney Hare 240 Chapel Place #213 69496 9/9/2021 Out of City Michael David Shantz 217 W Beaver Creek Boulevard #E33 68916 9/1/2021 Town Center West Heinz 5 Investments LLC 137 Benchmark Rd 224 68918 9/1/2021 West Beaver Creek Jeffrey Baker 440 W Beaver Creek Blvd C203 68920 9/1/2021 The Ascent Tamara Rook 38390 US 6 310 69500 9/10/2021 West Beaver Creek Patrick Donaldson 217 W. Beaver Creek Blvd. #C22 68926 9/1/2021 West River District 37305 Hwy 6 #207 69926 10/8/2021 Town Center East David Neuman 47 E Beaver Creek Blvd #317 69928 11/1/2021 Town Center East David Neuman 47 E Beaver Creek Blvd #319 69938 11/1/2021 West Beaver Creek 177 Lake St #25 69940 10/7/2021 Riverfront Michelle Pardo or Rodrigo Pardo 126 Riverfront Lane #915 69950 11/1/2021 Riverfront Stephen J Cain 126 Riverfront Lane 351 70358 12/1/2021 Town Center East Gail Kerns 127 Jules Drive C‐201 70864 1/1/2022 West River District Dylan Roberts 37305 Hwy 6 #104 70868 12/20/2021 West Beaver Creek Stacey Osborne 871 West Beaver Creek Blvd. A‐3 71826 2/1/2022 Town Center East 240 CHAPEL PL #BR323 70870 1/10/2022 Riverfront 126 Riverfront Ln #412 70374 11/27/2021 Town Center West Vacasa, LLC 177 Lake Street #28 70376 11/14/2021 West Beaver Creek Vacasa, LLC 971 West Beaver Creek Boulevard A3 70368 12/1/2021 West Beaver Creek Micah Rothstein 630 West BEaver Creek Blvd A 70378 12/1/2021 Not Yet Set Holliswood Lincoln LLC 38359 Hwy 6 8 71166 2/1/2022 West Beaver Creek Orlando Villegas 1061 W Beaver Creek Blvd I‐103 70494 10/11/2021 Out of City Guy 12345 71476 3/1/2022 East River District Douglas Mosteller 3000 Eaglebend Dr 10 71484 2/10/2022 West Beaver Creek Vacasa, LLC 540 West Beaver Creek Boulevard 2 71780 4/1/2022 West Beaver Creek Douglas Edward Strohl 288 West Beaver Creek Blvd #N3 71492 3/1/2022 Town Center West 137 BENCHMARK RD #321 71786 4/1/2022 West Beaver Creek 871 W. Beaver Creek Blvd A8 71490 3/1/2022 West Beaver Creek Marlys Nassau 288 West Beaver Creek E‐2 71494 2/7/2022 West Residential Charles Gardner 871 W. Beaver Creek Blvd. A10 71790 4/1/2022 East River District Eric Ely 38359 HWY 6 #3A 70902 1/1/2022 Town Center West 137 Benchmark 311 70898 1/1/2022 West Beaver Creek Aidong Qi 100 W Beaver Creek Blvd 501 67950 6/11/2021 Riverfront Randy Schouten 177 Lake Street #6 68406 7/6/2021 East River District Katrina Mead 3000 Eaglebend Dr 13 68954 8/7/2021 Riverfront greg dickhens 330 Riverfront Lane 17 68418 8/1/2021 Town Center East Mike Bennett 240 Chapel Pl BR305 68970 9/1/2021 West Beaver Creek Michelle Weiszmann 971 Beaver Creek A4 69966 11/1/2021 Town Center West Owen E Holder 179 Lake ST Y‐1 69974 10/16/2021 Riverfront Dain Lindeman 126 Riverfront Ln 720 69976 10/16/2021 The Ascent Brian Scarpella 38390 Highway 6 208 69554 10/1/2021 Town Center West Turnkey Vacation Rentals 177 Lake St 26 69984 11/1/2021 Out of City Elena Marin 816 W Beaver Creek Blvd A5 72268 2/1/2022 West Beaver Creek Tom or Mari Garland 998 W Beaver Creek Blvd C305 69988 2/9/2022 Riverfront Charlie Milne 126 Riverfront Lane 449 70404 12/1/2021 West Beaver Creek Melanie ohalloran 1061 w.beaver creek blvd j‐204 70390 12/1/2021 Town Center West Jeffrey Wintersteen 137 Benchmark Road 207 70406 11/16/2021 West River District Nicholas Eaton 37305 US‐6 108 66026 6/1/2021 Town Center East Vacasa LLC 179 Lake Street S2 70910 1/1/2022 West River District Monica Kryzer 54 Lynx Circle 193 70410 12/1/2021 West River District Edward Marx 37247 HWY 6 #201 70414 12/1/2021 Riverfront Garth Yettick 126 Riverfront Lane 310 70912 1/1/2022 West River District William Steers 37305 US 6 307 70914 12/18/2021 Town Center West Wesley Fuller 177 Lake St 29 70920 12/15/2021 Out of City Tracy Smith 5124 W MONCRIEFF PL 70416 12/1/2021 Town Center West Nolan Hopkinson 177 Lake St #24 70420 12/1/2021 Town Center West Matt Sungy 179 Lake Street V2 70930 1/1/2022 West Beaver Creek Ryan Thomford 760 W Beaver Creek 104 70932 1/1/2022 Town Center West Daniel Stewart 137 Benchmark Rd 410 71176 2/1/2022 East River District Ingrid Roa Wynne 140 HURD LN #B103 71182 1/21/2022 East River District Vacasa LLC 360 E Hurd Ln G301 70942 1/1/2022 West River District Julie Bulatovic 37305 US‐Hwy 6 6 71806 4/1/2022 West Beaver Creek Teri Ross 1061 W. Beaver Creek Blvd q103 71810 3/11/2022 Riverfront Jill Slater 2221 Sedgwick Ct 71816 3/11/2022 East River District Tamra Underwood 1990 Hurd Lane 71188 1/27/2022 Out of City Ryan Thomford 831 W Beaver Creek BLVD C22 67680 4/27/2021 West Beaver Creek Julie Overton 1061 W Beaver Creek Blvd N302 67688 4/28/2021 West Beaver Creek Chris Clark 998 W Beaver Creek Blvd A211 68006 5/5/2021 West River District Alyn Woods 37347 Highway 6 107 67706 4/29/2021 West Beaver Creek Randy Schouten 816 West Beaver Creek Blvd A1 68070 5/25/2021 Town Center West Brian Scarpella 177 Lake Street 14 68074 5/17/2021 Town Center East Kimberly Wylie 240 Chapel Pl #329 329 68096 5/18/2021 East River District Katherine Glassey 3000 Eaglebend Drive Unit 1 68122 5/21/2021 Town Center East Christy Minnick 47 E Beaver Creek Blvd 68162 5/1/2021 West Beaver Creek Julie Overton 1061 W Beaver Creek Blvd #O304 68432 6/9/2021 West Beaver Creek Steve Kalapos 414 W. Beaver Creek Blvd B13 68440 6/2/2021 Riverfront Ryan Thomford 126 Riverfront Lane #439 68486 6/9/2021 West Beaver Creek Michele Townsend 414 West Beaver Creek Blvd A18 68496 6/10/2021 Riverfront Robert Kitzinger 126 Riverfront Lane 514 68454 6/22/2021 Town Center East Kristin Edwy 240 Chapel Place 208 68524 6/15/2021 Nottingham Rd/Buck Creek Vacasa LLC 600 Nottingham Road 12 68528 9/29/2021 West Beaver Creek 831 W BEAVER CREEK BLVD #C4 68552 7/1/2021 Town Center West ALEJANDRO MIRANDA 1112 E. 19TH ST 68618 6/21/2021 West Beaver Creek Brian Winterling 217 W Beaver Creek Blvd 38 68642 6/29/2021 East River District Ryan Thomford 3720 Eaglebend Drive 68648 8/2/2021 West Beaver Creek Fara Denhart 760 W Beaver Creek Blvd #111 68988 7/31/2021 West Beaver Creek CRESPI, ELIZABETH DIANA 520 W BEAVER CREEK BLVD #A203 69000 10/20/2021 East River District 380 HURD LN #H201 69610 7/30/2021 Riverfront Ryan Thomford 126 Riverfront Lane 320 69652 8/1/2021 Riverfront Brian Scarpella 126 Riverfront Lane 824 69648 7/1/2021 West Beaver Creek Brian Scarpella 217 West Beaver Creek Boulevard 36 69696 8/31/2021 Town Center West Ian & Kimberly Buxton 179 Lake St. X3 69692 7/1/2021 West Beaver Creek Andrea Sbicca 414 W Beaver Creek Blvd A9 69688 9/1/2021 West Beaver Creek Nicole Morrison 211 W Beaver Creek Blvd A6 70032 9/16/2021 Town Center East Jared Freml 240 Chapel Place BR232 70034 8/1/2021 Town Center West Julie Overton 177 Lake St 27 70040 8/31/2021 West River District Ryan Thomford 39377 U.S. 6 F105 70104 9/14/2021 West Beaver Creek Martin Wiser 1050 W Beaver Creek Blvd A‐103 70096 9/14/2021 West Beaver Creek Albert Bonneau 100 West Beaver Creek Blvd 805 70110 8/5/2021 West Beaver Creek 1050 W BEAVER CREEK BLVD #A102 70440 12/1/2021 West Beaver Creek Josh Schirmer 16461 E Otero Ave 70540 11/15/2021 Town Center East Amy Sprenger 137 Benchmark Road 521 70482 10/1/2021 West Beaver Creek 440 W BEAVER CREEK BLVD #C201 70554 10/1/2021 Town Center West Hayley Hatley 100 West Beaver Creek Blvd 401 70560 11/1/2021 West Beaver Creek Julie Crawford 1061 west Beaver Creek i 101 70550 11/1/2021 Out of City Timothy Smith 5050 East Poinsettia dr #3 70530 11/1/2021 West Beaver Creek Maricela Luevanos 211 W Beaver Creek Blvd 9 70568 11/8/2021 Town Center East Randy Schouten 110 East Beaver Creek Blvd 5 70600 10/24/2021 West Beaver Creek Adrienne Haydu 998 W beaver Creek Blvd. E303 70602 11/1/2021 West Beaver Creek David Lavigne 540 West Beaver Creek blvd 1 70618 10/1/2021 Town Center East Hayely Hatley 240 Chapel Pl 220 70616 11/20/2021 Not Yet Set Elizabeth Piazza 1061 W Beaver Creek Blvd M102 70972 12/1/2021 Nottingham Rd/Buck Creek Dean Hardy 440 Nottingham Rd 13 70966 11/20/2021 West Beaver Creek Colleen Cerling 288 W Beaver Creek Blvd C2 70976 11/1/2021 Town Center East Jeffrey Bernardy 137 Benchmark Rd 314 70974 12/1/2021 West Beaver Creek Doug Petersen 760 beaver creek blvd 211 71016 12/15/2021 Town Center East Ryan Dishman 240 Chapel St. 305 71026 11/11/2021 West Beaver Creek Brittany Wong 1061 West Beaver Creek Boulevard F101 71040 12/1/2021 West Beaver Creek Daniel Griffith 100 W Beaver Creek Blvd 706 71200 11/2/2021 East River District Dawn Chadwick 400 E. Hurd Lane I203 71198 12/15/2021 West Beaver Creek Amy Hunter 414 W. Beaver Creek Blvd A14 71048 11/24/2021 West Beaver Creek Amy Hunter 414 W. Beaver Creek Blvd A15 71244 11/21/2021 West Beaver Creek Scott Miranda 998 W Beaver Creek Blvd 71230 1/3/2022 West Beaver Creek Monica Gonzalez 998 West Beaver Creek Blvd. unit A102 71060 12/1/2021 East River District rob rolland 360 Hurd Lane F‐201 71246 11/16/2021 Not Yet Set Ryan Thomford 540 West Beaver Creek Boulevard 7 71224 12/10/2021 West Beaver Creek Sidney Jessup 580 West Beaver Creek Blvd 4 71268 12/20/2021 Nottingham Rd/Buck Creek Dave Brownstein 230 Nottingham Rd A 71270 12/1/2021 Town Center West Brittany Wong 137 Benchmark Road 210 71286 12/17/2021 West Beaver Creek Peter Bistar 760 W Beaver Creek Bldv Avon, CO 209 71264 12/1/2021 Not Yet Set RAMIREZ, JORDAN 400 HURD LN #I302 71316 12/31/2021 West Beaver Creek Karen Fisher 998 w beaver creek blvd B303 71520 12/1/2021 West Beaver Creek Nina Groebe 760 W Beaver Creek 107 71588 1/27/2022 Town Center East Jeff Sorenson 9992 Cottoncreek Drive 71606 1/21/2022 West Beaver Creek Randy Schouten 1061 West Beaver Creek Blvd C‐204 71610 1/24/2022 Out of City David Martin 4100 Albion St 1116 71620 1/27/2022 West Beaver Creek Catrin Eriksson‐Novak 1061 W Beaver Creek Blvd L‐304 71618 1/21/2022 Not Yet Set Randy Schouten 8 Waterfront Way 8 71840 1/31/2022 West Beaver Creek Nina Groebe 871 W Beaver Creek Blvd a17 71844 2/7/2022 Riverfront Reed Milne 126 Riverfront Lane 307 71916 2/23/2022 Riverfront Brian Scarpella 126 Riverfront Lane 331 71920 2/24/2022 West Beaver Creek Abraham M. De Lara Jr. 414 W Beaver Creek Blvd A17 71958 2/25/2022 Out of City Lev Weisfeiler 6363 skyline blvd 71962 2/1/2022 West Beaver Creek Blanca Ninette Berrey 1061 West Beaver Creek Boulevard Q204 72166 3/1/2022 The Ascent rob rolland 38390 U.S. 6 111 72172 3/3/2022 Not Yet Set Courtney Stein 1050 w Beaver Creek Blvd D304 72242 3/23/2022 Out of City alan wehe 129 Santa Fe 72592 4/1/2022 Town Center East Willard Cherry 210 Montag Circle NE 68228 8/1/2021 West Beaver Creek Teri & Chris Lopez 177 Lake St #3 70356 12/1/2021 Out of City Janice Vickers Riverfront Townhomes Lot 3 18 Waterfront Way 70874 1/1/2022 West River District Michael Lash 1061 West Beaver Creek Blvd. Q204 68110 5/17/2021 West Beaver Creek Rob Rolland 540 W. Beaver Creek BLVD 1 68566 7/1/2021 West River District lisa keogh 37305 hwy 6 201 69982 9/1/2021 Riverfront lisa keogh 30 BENCHMARK RD 68538 6/24/2021 West Beaver Creek Eric Swanson 288 W. Beaver Creek Blvd. C‐1 68856 7/14/2021 West Beaver Creek Eric Swanson 288 W. Beaver Creek Blvd. C‐1 69472 10/1/2021 Riverfront Michael Thompson 126 Riverfront Lane 147 62570 5/12/2021 Riverfront Arthur G Litke 126 Riverfront Lane 329 66222 2/1/2022 Town Center East 240 CHAPEL PL #BR323 68224 6/1/2021 Riverfront Scott Herman 126 Riverfront Lane Unit 237 68234 6/1/2021 Riverfront Alexis Herman 126 Riverfront Ln #228 72322 4/1/2022 West Beaver Creek Ruth Stanley 310 W. Beaver Creek Blvd. A 71706 2/1/2022 Town Center West Lubomir Sicar 100 W. Beaver Creek Blvd 305 70426 10/1/2021 West Beaver Creek Daniel Estrada 414 W. Beaver Creek Blvd B 20 71120 12/1/2021 West River District Dawn Chadwick 37305 US6 305 71124 12/1/2021 Town Center West Brian Carpenter 137 Benchmark Road #312 71726 2/1/2022 Nottingham Rd/Buck Creek Chris Knerl 211 Nottingham Road C 72350 4/1/2022 Town Center West Elaine Acevedo 13 4th Street SE 72352 4/1/2022 West River District Wendy Smith 37305 US‐6 Brookside Lodge 109 72354 4/1/2022 East River District Dain Lindeman 270 Hurd Lane D102 72360 4/1/2022 West Beaver Creek Dain Lindeman 171 Lake Street C501 72072 3/1/2022 East River District Dawn Chadwick 400 Hurd Lane #I302 69466 8/1/2021 The Ascent Lucas Ross 38390 US 6 70316 10/1/2021 West Beaver Creek Julie Anna Goraj 816 West Beaver Creek Blvd B4 71740 2/1/2022 West Beaver Creek 1061 W BEAVER CREEK BLVD P304 70840 11/2/2021 Not Yet Set Steve Hatley 30 Benchmark Rd G5 71146 12/1/2021 Town Center West Mountain View Properties LLC 217 W Beaver Creek Blvd C25 72384 4/1/2022 West River District Steve Hatley 37249 Hwy 6 #101 72098 3/1/2022 West Beaver Creek Alexander Joseph Gschwend 177 Lake St #19 72386 4/1/2022 Town Center West Debbie Darrough or Ashley Wilson 137 Benchmark Rd 324 70852 11/2/2021 Not Yet Set Loret Davey 169 Lake St. #B 72404 4/1/2022 The Ascent Brian Scarpella 38390 Highway 6 309 72410 4/1/2022 Riverfront Arthur G Litke 126 Riverfront Lane 329 69942 9/1/2021 West Beaver Creek Sydney Pittman 100 W Beaver Creek Blvd #309 70860 11/2/2021 West River District Daniel Rolfe 760 W. Beaver Creek Blvd #102 71472 1/1/2022 The Ascent 38390 HWY 6 #312 70892 11/2/2021 West Beaver Creek Janice Kay Johnson 414 W Beaver Creek Blvd #1A 71784 2/1/2022 West River District Hayley Hatley 37305 US‐6 106 68966 7/1/2021 West Beaver Creek Christopher Brown 998 W BEAVER CREEK BLVD E309 69556 8/1/2021 West Beaver Creek Turnkey Vacation Rentals 1061 W Beaver Creek Blvd N302 70396 10/1/2021 West Beaver Creek RAFAEL SFARA 414 W BEAVER CREEK BLVD B12 72446 4/1/2022 Town Center East Vacasa LLC 179 Lake Street S2 70418 10/1/2021 Town Center West Karen Gorton 160 W Beaver Creek Blvd 70936 11/2/2021 West Beaver Creek Linda Martin 288 W Beaver Creek Blvd P2 70944 11/2/2021 West Beaver Creek Xin Barron 1061 W Beaver Creek Blvd O104 70946 11/2/2021 West Beaver Creek Demitri & Kristen Fefes 288 W BEAVER CREEK BLVD #D2 72464 4/1/2022 West River District Alyn Woods 37347 Highway 6 107 72470 4/1/2022 Town Center West Brian Scarpella 177 Lake Street 14 72472 4/1/2022 Town Center East Kimberly Wylie 240 Chapel Pl #329 329 72478 4/1/2022 East River District Katherine Glassey 3000 Eaglebend Drive Unit 1 72492 4/1/2022 Riverfront Ryan Thomford 126 Riverfront Lane #439 70164 9/23/2021 West Beaver Creek Didi Cowles 998 west beaver creek blvd E108 70486 10/8/2021 Not Yet Set 15 WATERFRONT WY 70478 10/8/2021 Not Yet Set 110 BEAVER CREEK BLVD #5 70978 11/9/2021 Not Yet Set 1050 W BEAVER CREEK BLVD C204 71204 12/6/2021 West Beaver Creek Christina Davies 81 Moonrise Ct. 71528 1/7/2022 West Beaver Creek Zachary Flum 998 W BEAVER CREEK BLVD D309 71556 1/13/2022 Not Yet Set 998 W BEAVER CREEK BLVD #E205 71580 1/19/2022 West River District Hayley Hatley 37305 US‐6 202 71860 2/9/2022 West Beaver Creek Ruslan Dautkhanov 998 W Beaver Creak Blvd A‐111 72200 3/14/2022 Not Yet Set 1050 W BEAVER CREEK BLVD #B303 72202 3/14/2022 Not Yet Set 177 LAKE ST #2 72554 4/13/2022 Out of City Joshua Lybolt 201 Milwaukee St STE 200 72590 4/14/2022 West Beaver Creek Kathryn Workman 1050 W Beaver Creek Boulevard C203 72588 4/14/2022 Not Yet Set Randy Schouten 1061 West Beaver Creek Blvd O‐204 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 D 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+ Dear Avon Town Council Members, It was brought to my attention that Short Term Rentals are on the agenda for this evening, so I’d like to express my concern. It seems, especially over the past couple of years, that short term rentals have taken up more space than long term rentals, thus pushing the local workforce out of the market. With this decrease in available housing to full-time residents, the market has sky-rocketed, making housing nearly unaffordable and so highly coveted that renters are paying prices that are not only astronomical, but taking up more than half of their regular income. One of the “most common rules of thumb” is that you should not spend more than 30% of your monthly income on housing so as to be able to afford things like food, healthcare, etc. In our current, inflated economy, the Eagle County housing market, Avon in particular, is making this impossible. I’ve had many conversations with community members who all feel very similar sentiments, there needs to be a cap on Short Term Rentals, and should have been one in place a long time ago. Not only that, but those apartments that are already short term, need to be taxed as commercial units, rather than residential properties. If someone’s apartment has a revolving door of visitors occupying their space, then it is no longer a residential unit and has become a commercial outlet for their income. I’ve first moved to this valley more than 15 years ago – I’ve worked in retail, customer service, food and beverage, as well as healthcare. I was never ready to buy a home when I was younger, and now that I’m a mid-30’s professional, I can’t even dream of buying one. I am fortunate that I was able to find a place to live that’s semi-affordable for a single person, but I found it through word-of-mouth, because I’ve been here long enough to know people. There are many who are less-fortunate than I am who are wanting to move here and “live the dream” of being in the mountains. While we all understand that it’s not always an easy life, finding housing should not be as much of a nightmare as it currently stands. As someone who has been placing my roots here since I was only 18 years old, I would love to keep them in the ground. I know there are many, many more residents like myself, who call this place home, but don’t actually have a home to call their own. I am asking, very briefly (because I’m at work and I don’t have a lot of time to spend on this), PLEASE do something to help your locals. Our community is so special and so VERY incredible. We’re here to serve the tourists, yes, but we’re also here because we love where we live and we’ll do just about anything to stay here (including paying FAR MORE than we should for rent). With Kindness, Sara Striegl Attachment E 1 From: Amy Reid <areid@vbr.net> Date: April 22, 2022 at 9:58:24 AM MDT To: Council Everyone Group <council@avon.org> Subject: Vail Board of REALTORS Letter April 22, 2022 Avon Town Council 100 Mikaela Way Avon, CO 81620 VIA EMAIL: council@avon.org Dear Council Members: The Vail Board of REALTORS absolutely agrees and supports the efforts, to help identify potential solutions to our housing challenges. However, we are eager to find solutions that do not infringe upon or change the private property rights of our community’s current or future homeowners. To be clear, the current discussion around regulations, moratoriums, fines and limiting registrations for short‐term rentals in our market as a solution is nothing more than an infringement on private property rights. The proposed solutions are highly speculative and unproven in other communities around the country. If implemented, the most likely result is simply more strain on the local housing market. Simply put, short‐term rentals are not the cause of our problems. We believe further discussion around this issue is necessary for our business and community leaders along with elected officials to find creative solutions to increase the supply of diverse housing for our growing market. We do not have a short‐term rental problem; we have a housing supply problem. A healthier housing market is only going to be developed by creating and implementing innovative solutions that increase the supply of diverse housing products. We have a great example of a creative solution in the Miller Ranch Development. Our problem has been and remains the lack of a diverse range of housing supply. While the supply shortage is overwhelming in its scale and overall impact on our community, we know that it will not correct itself in traditional real estate cycles and, the longer we sit back and do nothing, the deeper the damage to our economy. There are a wide range of additional solutions to our affordability/accessibility needs that must be explored and collectively, can help us achieve positive, long‐term results and maintain the integrity of the entire community. Those solutions may include but are not limited to appropriate and targeted homeowner incentives, re‐evaluating fees and licensing structures, and the easing of trade, labor, finance and land‐use issues. 2 Vail REALTORS® and those we represent are eager to be a part of the conversations and solutions to our housing challenges as we work collaboratively to find the answers to our community’s housing makeup. It is critical we change the outlook from financial and social instability to economic growth built upon a solid foundation in the decades ahead. Sincerely, Vail Board of REALTORS Amy Reid Association Executive Vail Board of REALTORS® Vail Multi-List Service, Inc. Vail Board of REALTORS® Foundation email: areid@vbr.net Direct: 970-766-1029 Office: 970-766-1028 0275 Main Street G004 Edwards CO, 81632 www.vbr.net Materials for item 5.4 are included in item 5.3 Page 1 of 1 TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police RE: Ordinance No. 22-05 increasing the speed limit from 15 miles per hour to 25 miles per hour for Off Highway Vehicles in Wildridge on second reading DATE: April 26, 2022 SUMMARY: This report presents Ordinance No. 22-05 to increase the off-highway vehicle (“OHV”) speed limit, from 15 miles per hour (MPH) to 25 MPH on second reading. During the Town Council meeting on April 12, 2022, the first reading passed unanimously with the six Town Council members present. 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. The 15 MPH speed limit has created its own respective safety concerns with regard to other motor vehicle users who drive at 25 MPH, at times overtaking OHVs with some inherent hazards created by overtaking at higher speeds in the opposite traffic lane. The passing of this ordinance creates one speed limit for all Wildridge road users to respect and adhere to, 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 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 , 2021, meeting in support of the speed limit increase for OHV’s. The town received a second email after the production of the April 12, 2022, packet where the author expressed concern in increasing the speed limit but if the limit was increased, he requested increased Avon PD traffic speed enforcement and the addition of radar signs to encourage all vehicles respect the 25 MPH limit. RECOMMENDATION: I recommend approval of Ordinance No. 22-05 Amending Avon Municipal Code Section 10.40.030 from 15 MPH to 25 MPH on second reading. PROPOSED MOTION: “I move to approve Ordinance No 22-05 Amending the Avon Municipal Code to Establish the Speed Limit for Off-Highway Vehicles on Wildridge Roads as 25 Miles Per Hour on second and final reading.” Thank you, Chief Greg Daly ATTACHMENT A: Ordinance No. 22-05 Ordinance 22-05 OHV Speed Limits Page 1 of 3 ORDINANCE 22-05 AMENDING SECTION 10.40.030 OF THE AVON MUNICIPAL CODE TO ESTABLISH 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: Ordinance 22-05 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 then existing, and in no event greater than 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, Ordinance 22-05 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 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 second reading and a public hearing. Council passed first reading of this ordinance on April 12, 2022. 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 AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 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 Part One 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 5:08 p.m. A roll call was taken, and Council members present in person were Amy Phillips, RJ Andrade, Lindsay Hardy, Tamra Underwood, and Chico Thuon. Councilor Scott Prince was absent. Also present in person were Planning Director Matt Pielsticker, Recreation Director Michael Labagh, 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: 00:08:14 Part One Councilor Underwood moved to approve the agenda as presented. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:08:33 Part One Councilor Underwood disclosed she holds a short-term rental license for a guest suite that she operates and that is relevant to item 5.6. She also mentioned that for item 5.1, she mentioned she saw other members gave references to the applicants and when she was asked by some of those applicants to give references, but she said she could not do so as she would like to vote on their nomination, and said that, for future references, the best practice should be to not do it. 4. PUBLIC COMMENT Video Start Time: 00:12:15 Part One 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. Josh Hall, Avon Resident since 1998, commented in person. He talked about the flood mitigation and asked if they can request sandbags or any kind of barriers while recommendations get implemented. No virtual comments were made. 5. BUSINESS ITEMS 5.1. HEALTH AND RECREATION COMMITTEE APPOINTMENTS (RECREATION DIRECTOR MICHAEL LABAGH) Video Start Time: 00:18:43 Part One Recreation Director Michael Labagh presented the four candidates for the five vacancies. Mayor Pro Tem suggested to appoint the four candidates first then talk to them for introductions and thank all of them. Mayor Pro Tem moved to appoint Nancy Tashman, Lisa Post, Kevin Hyatt and Jose Chavez to the Avon Health and Recreation Committee. Councilor Hardy seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Applicants Nancy, Kevin, and Jose were present in person and Lisa joined via Zoom. Applicants introduced themselves and answered questions from Council. 5.2. PUBLIC HEARING: ORD NO. 22-04 CONSOLIDATION OF GENERAL GOVERNMENT, HUMAN RESOURCES AND FINANCE DEPARTMENTS (TOWN MANAGER ERIC HEIL) Video Start Time: 00:33:35 Part One Town Manager Eric Heil presented and mentioned if this get approved tonight, he will work with staff to develop a page for each of these five departments, where hierarchies will be listed. Councilor Thuon thanked him and said he did a great job describing the chart/positions. Mayor Smith Hymes asked Town Manager Eric Heil if he expects to meet with department directors once a month as explained in the engagement diagram as she thinks they meet more often than that, and if he expects directors to attend/watch Council meetings . Mayor Pro Tem Phillips asked him if L eadership Team meetings will continue and requested him to add a note in the chart o f who belongs to the Leadership Team . Town Manager Eric Heil confirmed. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips noted an error on the ordinance, Town Manager Eric Heil will update. Councilor Thuon moved to approve Ordinance 22-04 Amending Avon Municipal Code Section 2.02.010 – Departments Enumerated on second and final reading. Mayor Pro Tem Phillips seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.3. PRATER L ANE L ICENSE AGREEMENT AMENDMENT REQUEST (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:46:23 Part One Planning Director Matt Pielsticker presented and thanked Council for attending the walk site earlier today. He said this is time sensitive as the lease expires in October. He mentioned that since the last Council meeting, they had put a RFQ out to plan the program and design the extension. Council discussed about specifications in the agreement, the configuration of the space, and the square footage. Town Manager Eric Heil suggested to table this item to look at the site plan and get more information on the square footage. Mayor Smith Hymes called for public comments and no public comments were made. 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) Video Start Time: 01:11:11 Part One Interim Town Attorney Karl Hanlon presented, he said since first reading changes were made to the ordinance to both meet the needs of the Town and the desire of the development community. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM He explained that the proposal in the first reading was that no grading permit shall be issued unless a Public Improvement Agreement is approved by Town Council, a Site Restoration Security Agreement and Grading Plan is approved by Town Council, or less than 100-cubic yards of material is excavated. He said that in terms of maintaining the workflow due to the delays of Council meetings twice or even once a month, the significant change was to remove the requirement that each Security Agreement needs to be approved by Council, and instead Council approve the form of agreement that is used similar to how other standard contracts are handled. The form of Security Agreement is presented as Resolution 22-06. Mayor Smith Hymes called for public comments and Sean Reynolds, Avon resident, commented in person. He said it might be worth having multiple tiers as that would be helpful on certain projects and would give them the freedom to work as needed. No virtual comments were made. Interim Town Attorney Karl Hanlon recommended to continue this item to the May 10th meeting. Councilor Underwood moved to continue second reading of Ordinance 22-04 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 and Res olution 22-06 Approving the Form of Security Agreement for Grading Permits to the May 10 th meeting. Mayor Pro Tem Phillips seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prin ce was absent. 5.5. RESOLUTION 22-07 APPROVING TRACT Y DEVELOPMENT AGREEMENT (TOWN MANAGER ERIC HEIL) Video Start Time: 01:33:11 Part One Town Manager Eric Heil presented and said the agreement would be for 10.5 years and that $600,000 would be appropriated to support the construction of six residential units and that would be included in the next budget amendment. He explained the water rights and said that Tract Y has now 5.7 SFEs allocated to the property. Greg Perki ns, attorney of the applicants, and applicant Sean Reynolds were present in person and answered Council questions. Councilor Underwood asked about the completion date and tax and fee waivers. Councilor Thuon asked what price point is considered affordable housing. Mayor Smith Hymes said the Town has the Climate Action plan and building electrification has been identified as one of the critical areas where carbon -footprints can be reduc ed, and she wanted to point to this project as a model project for future developments in town complying with every possible green-house gas reduction measure . She asked if a traffic study would be needed. Mayor Pro Tem Phillips said this area would be a n opportunity to perhaps have solar panels and that the Town could co -support with the development a federal grant funding as this would meet the Town’s goals and it would help to reduce the living costs for the future homeowners. Town Manager Eric Heil suggested to table this item. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Pro Tem Phillips moved to table Res olution 22-07 Approving a Development Agreement with Legacy Mountain Development, LLC, for Approximately 52 Community Housing Units at Tract Y and table the Approval of the Tax and Fee Waivers Pursuant to Chapter 3.14 of the Avon Municipal Code. Councilor Thuon s econded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.6. WORK SESSION: SHORT-TERM RENTALS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 00:00:01 Part Two Planning Director Matt Pielsticker introduced the new Town Planner Max Morgan, who presented a PPT with short-term rental data, regulations, and restrictions; licensing fees were also discussed. Councilor Hardy reiterated that she is the only non -homeowner in Council, and she has seen the struggles of the housing crisis firsthand . She expressed that people moving down valley and having to drive to Vail or Beaver Creek to work is not meeting the Town’s green initiative s and they are not having the community feeling. She said for her short-term rentals are the housing crisis and that s he is in favor of putting a moratorium until Council decides what to do next and new constructions are made from any other entities . Councilor Andrade said he did some research on other towns and said they are all doing different things, but nothing seems to be working, some towns did put a moratorium, but Glenwood Springs caug ht his attention . Councilor Thuon said he wants to know causes and effects and that he is not positive on a year moratorium, but maybe on a six-month moratorium and handle it very quickly . Mayor Pro Tem Phillips asked if it would be possible to do limits type by type, meaning having a certain number of owner-occupied units and a certain number of licenses for owner -occupied units , and a different number of units that do short-term rentals certain number of days a year. Interim Town Attorney Karl Hanlon said it is possible. Councilor Underwood expressed she is not sure that the moratorium would be the answer and proposed to cap short-term rentals licenses and asked for an ordinance for that effect for the next meeting. Council discussed the tiers of the maps presented. Councilor Underwood proposed to staff to present an ordinance at the next meeting of April 26th to take the orange parts which are zoning of the overlay map to the two -tiered overlap map pink zone (tier 2) to be only owner- occupied after 30 days after the second reading, and the rest to be grandfathered. Mayor Smith Hymes asked if the same can be a pplied to the PUDs. Town Manager Eric Heil said that would be a separate ordinance. Both wi ll be presented on April 26 th. 5.7. NORTHSIDE KITCHEN LICENSE AGREEMENT EXTENSION (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:18:40 Part Two Planning Director Matt Pielsticker presented and said the improvements include paved parking, landscaping, and a dumpster enclosure and that the agreement is set to expire in May, and the extension requests an additional five-year time period. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Smith Hymes would like to address the water rights and landscaping and asked to add some provisions. Town Manager Eric Heil suggested to add landscaping needs to comply with the Town's directions. Mayor Smith Hymes called for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve the Encroachment Agreement extension for Northside Coffee and Kitchen with the modification regarding the landscaping being at the discretion of the Town. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.8. ORDINANCE 22-05 OFFROAD HIGHWAY VEHICLE SPEED LIMIT (POLICE CHIEF GREG DALY) Video Start Time: 01:27:25 Part Two Chief Daly presented and said the 15 mph was adopted based on Eagle and Gypsum's ordinances at that time and the suggestion tonight is to increase the speeding from 15 mph to 25 mph. Councilor Underwood clarified HOVs are allowed to be operated by any licensed person as long as they are older than 10 years old with an adult and asked Chief Daly if he has any concern about a 10- year-old going now at 25 mph. He answered that no because they will be with their parents and the parents will be responsible that the child goes at that speed. Councilor Andrade asked Chief Daly what his experience with the speed enforcement is. Chief Daly said they intend to have as much presence as possible to remark the speed and the stop signs, and that they have had only a few complaints that specifically live near the 779 Road entrance. Councilor Thuon suggested to add more signs. Mayor Smith Hymes called for public comments and Jack Gardner, Avon resident, commented via Zoom. He said he previously sent his comment via email and suggested the Police Department to enforce the speed more consistently by installing several more radar speed monitors as most vehicles go over 25 mph. Councilor Thuon moved to approve Ordinance 22-05 Amending the Avon Municipal Code to Establish the Speed Limit for Off-Highway Vehicles on Wildridge Roads as 25 Miles Per Hour. Councilor Hardy seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 5.9. ORD 22-06 EXTENSION OF RENEWABLE ENERGY TAX CREDIT (TOWN MANAGER ERIC HEIL) Video Start Time: 01:40:23 Part Two Town Manager Eric Heil presented and said this is another extension of the Renewable Energy Tax Credit for another three years and that this still meets the Town’s Climate Action goals. Mayor Smith Hymes called for public comments and no public comments were made. Councilor Hardy moved to approve 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. Councilor Thuon seconded that motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM 5.10. CIP UPDATE PRESENTATION (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 01:42:18 Part Two Town Engineer Justin Hildreth presented a PPT with a Capital Improvement Plan update on different projects including the Recreation Center, Harry A. Nottingham Park, street improvements, electrical vehicle chargers, and additional or recently discussed projects. Councilor Thuon talked the road between City Market and Walmart. He said it is a black eye for the Town as a section of that road gets ripped out and requested to be repaired. He commented about the two signs at Mountain Vista Park, both say “future development” and asked if the public is informed that they are for the siren, and that the one on Wildridge Road the residents say the property is owned by the Town, but it is an open space and it will be developed into a buildable lot, but he wants to know what the truth is. Town Engineer Justin Hildreth said that there are four signs for the sirens and that the contact information to reach out to the Community Development Department with any questions is in the signs. Councilor Underwood asked if there is anything the Town can do now regarding the flood issue on the corridor, understanding CDOT is not going to do anything. Town Engineer Justin Hildreth responded yes, that he met with the HOA last week to discuss this. Mayor Pro Tem Phillips clarified that after the flood last year, those areas have been cleaned out, even no improvements have been made yet, but some of the drainage areas have been restored to a better state than they were before the flood. Town Engineer Justin Hildreth said that another drainage on Nottingham Road will be repaired this summer. 6. MINUTES 6.1. APPROVAL OF MARCH 22, 2022 REGULAR COUNCIL MEETING MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) Video Start Time: 02:05:08 Part Two On item 5.3 Councilor Hardy changed the word "staircase" to "unit". Councilor Andrade moved to approve the March 22, 2022 as amended. Councilor Underwood seconded the motion and the motion passed with a vote of 6 to 0. Councilor Prince was absent. 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) 8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES Video Start Time: 02:06:27 Part Two Councilor Andrade said that CASE Manager Danita Dempsey's report, item 7.2, is awesome and encouraged the public to read it. AVON REGULAR MEETING MINUTES TUESDAY APRIL 12, 2022 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Mayor Pro Tem Phillips said she met with the Eagle Air Alliance and said that we will not be seeing the Chicago or Atlanta flights coming back this summer, but they will still maintain the year-round service to Denver and Dallas, and they are still trying to find some additional summer flights. She announced there will be a $100 certificate incentive program available in late August. She said if anyone has questions or comments on her USPS report just let her know. Councilor Hardy talked about signs and parking funds. She said she unfortunately witnessed a pedestrian accident in front of Vin 48 and talked about safety in the roundabouts as this town is more walkable, but it is not necessarily safer. She thanked her fellow Council members for listening at her and considering her input. Mayor Smith Hymes talked about the elections for four open director seats for the ERWSD and encouraged people to vote. She said if someone is not available to vote in person on May 3rd, please visit www.ERWSD.org to request an absentee ballot by email before April 26th. She said she testified for housing funds and climate action items. She thanked CCFCA and CAST for getting all this organized. 9. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:15 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Deputy Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade 970-748-4019 jmccracken@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Joel McCracken, Finance Manager RE: Financial Report – February & March 2022 Data DATE: April 14th, 2022 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short term rental tax for February 2022 and the recreation fees and real estate transfer tax revenues for March, 2022. BACKGROUND: The Town’s 2022 final revised budget was adopted in December 2021. The percentage variance, or comparative change is reflected in the analysis portion of this Report in respect to each individual section for February and March revenues in 2022. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 5-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – February 2022: February sales tax revenues totaled $1,242,766. This is an increase of $359,402 or 40.69% compared to February 2021 sales tax revenue of $883,364. FEBRUARY 2021 v FEBRUARY 2022 SALES TAX COMPARISON BY INDUSTRY February 2021 February 2022 Increase/Decrease Home/Garden $63,680.84 $69,490.81 $5,809.97 Grocery/Specialty/Health $206,162.55 $225,603.98 $19,441.43 Sporting Goods Retail/Rental $112,229.06 $157,005.76 $44,776.70 Miscellaneous Retail $25,312.13 $44,031.48 $18,719.35 Accommodations $207,304.99 $364,850.33 $157,545.34 Restaurants/Bars $117,113.48 $228,802.61 $111,689.13 Other $9,332.85 $10,482.95 $1,150.10 Service Related $29,955.46 $17,349.37 ($12,606.09) Liquor Stores $39,768.04 $43,717.70 $3,949.66 E-Commerce Retail $33,668.07 $44,868.12 $11,200.05 Manufacturing/Wholesale $9,135.72 $82,97.37 ($838.35) Construction Related Services $21,810.45 $21,404.80 ($405.65) Digital Media Suppliers/Sellers $7,021.83 $5,665.25 ($1,356.58) Commercial/Industrial Equipment $868.29 $1,195.56 $327.27 Special Events - - - TOTAL $883,363.76 $1,242,766.09 $359,402.33 Financial Report – Apr 26, 2022 Page 2 of 7 NOTE: Since the Colorado Sales and Use Tax System (“SUTS”) was first implemented in the Town of Avon in late 2020, more than 100 businesses have registered to remit sales tax which has resulted in e- commerce retail sales tax revenues to dramatically increase. Sales Tax: February 2022 Budget v Actual Collections: February 2022 sales tax revenues totaled $1,242,766. This is an increase of $193,192 over the February 2022 estimates of $1,049,574. This is 18.41% over the adopted 2022 budget (based on a 5-year average). FEBRUARY 2022 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance February $1,049,574.29 $1,242,766.09 $193,191.80 18.41% 785,412.03 809,165.90 820,617.44 883,363.76 1,242,766.09 3.02%1.42% 7.65% 40.69% $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 2018 2019 2020 2021 2022 2018-2022 February Sales Tax Revenue Trend Financial Report – Apr 26, 2022 Page 3 of 7 Accommodation Tax: Revenues – February 2022: Accommodation tax revenues totaled $358,261 for the month of February. This is an increase of $203,972 or 132.20% compared to February 2021 accommodation tax revenues, which totaled $154,288. Accommodation tax collections by industry type for February 2022 compared to February 2021 reported an increase for Vacation Rentals, Time Shares and Hotels. FEBRUARY 2021 v FEBRUARY 2022 ACCOMMODATION TAX COMPARISON BY INDUSTRY February 2021 February 2022 Increase/(Decrease) Timeshares $38,184.49 $53,751.16 $15,566.67 Hotels $83,962.78 $159,877.79 $75,915.01 Vacation Rentals $32,141.14 $144,631.93 $112,490.79 TOTAL $154,288.41 $358,260.88 $203,972.47 February 2022 Budget v Actual Collections: February 2022 accommodation tax revenues totaled $358,261. This is an increase of $72,380 over the February 2022 estimates of $285,881. This is 25.32% over the 2022 proposed budget. FEBRUARY 2022 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2022 Budget 2022 Actual Dollar Variance Percentage Variance February $285,881.15 $358,260.88 $72,379.73 25.32% 186,147 203,190 217,070 154,288 358,261 9.16%6.83% -28.92% 132.20% $125,000 $175,000 $225,000 $275,000 $325,000 $375,000 2018 2019 2020 2021 2022 2018-2022 February Tax Revenue Trend Financial Report – Apr 26, 2022 Page 4 of 7 Short Term Rental Tax: Revenues – February 2022: STR for Community Housing Tax totaled $164,650 for the month of February. There are no previous period revenues for comparison. The amount of STR for Community Housing Tax revenues collected in January and February compared to the budget represents 41.72% compared to the annual budget of $750,000. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. FEBRUARY 2022 STR TAX FOR COMMUNITY HOUSING COMPARISON BY INDUSTRY February 2022 Timeshares $26,875.58 Hotels $69,529.08 Vacation Rentals $68,245.09 TOTAL $164,649.75 Real Estate Transfer Tax: Revenues – March 2022: March 2022 Real estate transfer tax totaled $448,621.07. Compared to February 2021, which totaled $497,157, this is a decrease of $48,536. $344,557 $180,820 $113,350 $497,158 $448,621 -47.52% -37.31% 338.60% -9.76% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2018 2019 2020 2021 2022 Real Estate Transfer Tax March Revenue Trends Financial Report – Apr 26, 2022 Page 5 of 7 Tobacco & Cigarette Tax: Revenues – February 2022: Tobacco tax revenues totaled $27,344 and cigarette tax revenues totaled $18,087 for February 2022. Compared to February 2021 revenues, this is an increase of $2,022 for tobacco tax revenues, which totaled $25,322 and a decrease of $1,515 for cigarette tax revenues, which totaled $19,602. February 2022 Proposed Budget v Actual Collections: February 2022 tobacco and cigarette tax revenues totaled $27,344 and $18,087, respectively. This is an increase of $430 over the February 2022 budget for tobacco tax, which is $26,914 and a decrease of $3,746 over for the February 2022 budget for cigarette tax estimates, which is $21,833 which is based on a 5-year average. FEBRUARY 2022 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2022 Budget 2022 Actual Dollar Variance Percentage Variance Tobacco $26,914.19 $27,344.17 $429.98 1.60% Cigarettes $21,832.88 $18,087.00 ($3,745.88) -17.16% Total ($3,315.90) 23,742 17,376 19,602 18,087 -26.81% 12.81% -7.73% - 5,000 10,000 15,000 20,000 25,000 2019 2020 2021 2022 2019-2022 February Cigarette Excise Tax Revenue Trend 21,145 12,213 25,322 27,344 -42.24% 107.34% 7.99% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2019-2022 February Tobacco Tax Revenue Trend Financial Report – Apr 26, 2022 Page 6 of 7 Recreation Center Fees: Revenues – March 2022 Admissions & Program Fees: Recreation admission revenues for March 2022 totaled $79,834, an increase of $44,965 compared to March 2022 which totaled $34,869. This is $24,414 over the proposed 2022 budget estimates of $55,420. Recreation program fee revenues for March 2022 totaled $37,017. This is an increase of $21,697 compared to 2021, which totaled $15,320. This is $11,333 over the original 2022 budget estimates, which is $25,684 which is calculated based on a 5-year average. 79,071 78,825 34,641 34,869 79,834 -0.31% -127.55%0.65% 56.32% - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 2018 2019 2020 2021 2022 Recreation Admissions March Revenue Trends $28,669 $27,281 $14,590 $15,320 $37,017 -4.84% -46.52% 5.01% 141.62% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2018 2019 2020 2021 2022 Recreation Program Fees March Revenue Trends Financial Report – Apr 26, 2022 Page 7 of 7 Tax Revenue Comparison – YTD 2021 v 2022: All revenues except for cigarette tax are reporting an increase for 2022 compared to 2021. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2022 v Actual 2022: All revenues except for recreation program Fees and Cigarette tax reflect a positive variance over the 2022 budget. Below is a table which reflects the dollar change and percentage variance. Thank you, Joel 2021 v 2022 Year-to-Date Revenue Comparison 2021 YTD 2022 YTD Dollar Variance Percentage Variance Sales Tax $1,803,988.53 $2,413,979.74 $609,991.21 33.81% Acc. Tax $297,502.39 $680,538.98 $383,035.59 128.75% Tobacco Tax $56,610.67 $58,442.83 1,832.16 3.24% Cigarette Tax $40,308.00 $36,126.00 ($4,182.00) -10.38% RETT $1,078,841.98 $1,489,020.25 $410,178.27 38.02% Rec Admissions $93,075.71 $231,604.82 $138,529.11 148.83% Rec Program Fees $54,099.47 $74,467.53 $20,358.06 37.65% 2022 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $2,125,316.86 $2,413,979.74 $288,662.88 13.58% Acc. Tax $555,623.36 $680,537.98 $124,914.62 22.48% Tobacco Tax $49,710.76 $58.442.83 $8,732.07 17.57% Cigarette Tax $37,872.76 $36,126.00 (1,746.76) -4.61% RETT $736,556.43 $1,489,020.25 $752,463.82 102.16% Rec Admissions $178,053.30 $231,604.82 $53,551.52 30.08% Rec Program Fees $84,523.32 $74,467.53 ($10,055.79) -11.90% 970-748-4069 cfackler@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Carly Elena Fackler, Accountant RE: 1st Quarter RETT Sales and Exemption Report DATE: April 14th, 2022 SUMMARY: The 1st quarter of 2022 has generated higher RETT revenues compared to prior years. While there has been a significant amount of revenues generated through RETT, five primary exemptions were applied for in the 1st quarter of 2022. There were five Mi Casa applications approved in the 1st quarter of 2022. BACKGROUND: Prior to 2020, section 17 and 18 were the only primary residence exemptions available to buyers in Avon. On November 12th, 2019, Council adopted Ordinance 19-05 which provides a 3rd primary residence RETT exemption. Under this new exemption, purchasers may apply for an exemption up to $240,000 of consideration paid, or up to $4,800 in RETT Relief. There are new conditions which must be met in order to qualify for section 19, which are highlighted Attachment A, SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS. In 2021, Mi Casa was approved to provide $900,000 in funds to qualifying participants. Of the $900,000 approved, $847,222 was contributed by the Town for 13 properties. In 2022, Council approved $1,200,000 in funds for Mi Casa with the goal to provide financial assistance for 16-20 homebuyers in 2022. This is an increase of $300,000, compared to 2021. ANALYSIS: RETT Exemptions Granted 2020 – 2022 In 2022, five primary residence exemptions were granted in the 1st quarter. This is an increase of 2 exemptions granted in the 1st quarter of 2021 and equal to exemptions granted in the 1st quarter of 2020. In the 1st quarter of 2022, $16,000 was granted in RETT Relief, which is $3,200 more than 2021, which granted $12,800, and $1,045 more than 2020, which granted $14,955. RETT Exemptions Granted 1st Quarter Trend Exemption Type 2020 2021 2022 Section (17) 5 1 5 Section (18) 0 0 0 Section (19) 0 2 0 Total 5 3 5 Page 2 of 3 1st Quarter Primary Residence Exemptions Granted Month Avon Neighborhood Purchase Price of Property Exemption Section Amount Exempt January Wildridge $1,295,000 17 $3,200 February West Avon $660,000 17 $3,200 March Wildridge $1,228,500 17 $3,200 March West Avon $1,150,000 17 $3,200 March Nottingham Rd $877,000 17 $3,200 Total 5 $16,000 1st Quarter Activity Actual RETT revenue for the 1st quarter of 2022 totaled $1,489,020. This correlates to a total of $74 million in property sales. Total RETT Activity – 1st Quarter 2021 January February March Total RETT Revenue $153,012 $887,387 $448,621 Total Exemptions $3,200 $3,200 $9,600 Total RETT $156,212 $890,587 $458,221 Total Sales $7,810,600 $44,529,359 $22,911,053 14,955 12,800 16,000 -16.84% 20.00% - 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 2020 2021 2022 1st Quarter RETT Relief Granted Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, February and March RETT revenues reflect a positive variance of 62.54%, 27.07%, respectively. There is a negative variance of 16.83% for January RETT revenues. 3-Year Average RETT Revenue Trend 2020-2022 January February March Total RETT Revenue $183,979 $545,947 $353,043 Total Exemptions $6,400 $2,134 $6,052 Total RETT $190,379 $548,081 $359,095 Total Sales $9,518,950 $27,404,050 $17,954,750 % Variance -16.83% 62.54% 27.07% TOWN MANAGER COMMENT: The Section 19 exemption that allows for the first $240,000 to be exempt is rarely used. I recommend that reconsideration of the Primary Residence Exemption should be reconsidered with specific consideration to increasing the amount of th e exemption, increasing the Home Value Cap, and reducing the residency requirement from three (3) years. Thank you, Carly ATTACHMENT A: SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS Exemptions Section (17) Section (18) Section (19) Amount $160,000 $160,000 $240,000 Home Value Cap None None $700,000 Eagle County Employee N/A Yes Yes Affidavit of Primary Residence Yes Yes Yes Promissory Note 1 year 1 year 3 years Lien Yes Yes Yes 970.390.2014 ewilson@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Eva Wilson, Chief Mobility Officer RE: Regional E-bikeshare Program (SHIFT) DATE: April 12, 2022 SUMMARY: In the 2022 budget, Council approved $50,000 to support a Regional E-bikeshare Program. The Town of Avon partnered with the Town of Vail and the Community EagleVail and selected Drop Mobility to provide a turnkey e-bikeshare program, SHIFT. The regional e-bikeshare includes the leasing of 90 electric bikes stationed throughout the three communities. The total program cost is $249,200. Each community contributed the following amount for 2022: Avon- $49,840; Vail- $174,400; and EagleVail- $24,920. Eighteen (18) e-bikes will be stationed in Avon. Sixty-three (63) e-bikes will be stationed in Vail. Nine (9) e-bikes will be stationed in EagleVail. SHIFT - Regional e-bikeshare Program Logo (Shift your behavior/Shift from your car) The Program will operate from May 20 to October 1, 2022. User fees are still being determined. A typical fee is $1 to unlock + 15 cents per minute. The fee structure will include membership discounts, discounted access for students and equity pricing, and special access for sponsors and town staff. Staff will work with Drop Mobility to provide outreach to the local bike shops for input on pricing , education, and outreach to inform users of the differences between an e-bike share programs (commuting, shorter rides) and e-bike rental programs (longer excursions, multi-day usage, recreation, etc.). Ideally, this program will be complementary to e-bike rental and sales through local bike shops. Drop e-bikes in Colorado Springs, CO Page 2 of 3 BACKGROUND: The Town of Avon launched the first bikeshare program in the Eagle River Valley in July 2017. The turnkey bikeshare program was provided by Zagster for $40,000. The program included 25 bikes at 6 stations. Unfortunately, due to COVID-19, Zagster went out of business in 2020. The 2019 annual report is attached (A). Zagster bikeshare stations SHIFT REGIONAL EBIKESHARE PROGRAM: Drop Mobility was selected from five (5) proposals. Drop Mobility was founded in 2017 and is headquartered in Toronto, Canada with operations across multiple municipalities in North America (Attachment B: Drop Mobility Proposal). The selection committee selected Drop Mobility for its high-quality, effective, and robust electric e-bikeshare system. Their patented e-bike includes a readily swappable battery. The regional e-bikeshare includes the leasing of 90 electric bikes stationed throughout the three communities. The total program cost is $249,200. Each partner community contributed the following amount for 2022: Avon- $49,840; Vail- $174,400; and EagleVail- $24,920. Eighteen (18) e-bikes will be stationed in Avon. Sixty-three (63) e-bikes will be stationed in Vail. Nine (9) e-bikes will be stationed in EagleVail. The Program will operate from May 20 to October 1, 2022. The Program includes: • Deployment and administration • Hardware: bikes, racks, wayfinding signage, spare batteries, tools, and spare parts • Software customization: including website, mobile app, and dashboard Page 3 of 3 • Software platform fees: dashboard, app, and website maintenance, hosting, data fees, GPS, etc. • All operations by a local team: including maintenance, daily rebalancing, charging via swappable batteries, customer service, leasing and running local maintenance shop (or partnering with existing local bike shop), labor costs • Off-season storage at the Colorado Springs warehouse • Marketing and community outreach E-BIKESHARE STATIONS: Proposed Locations for e-bike stations are shown below (first and last mile considerations.) Station location may change due to ridership demand and feedback. 1. Avon Station 2. Recreation Center 3. Aspens Bus Stop 4. Harry A. Nottingham Park 5. City Market Bus Stop 6. Wildridge (O’Neal Spur Park) Proposed E-bikeshare Stations Thank you, Eva ATTACHMENT A: ZAGSTER bikeshare 2019 Annual Report ATTACHMENT B: Drop Mobility’s Proposal Annual Review *Estimates based on continuous bike riding at 8 mph. CO2 estimates based on 411 grams CO2 saved per 1 mile ridden. Calorie estimates based on 500 calories burned per hour ridden. How does Avon Compare? 50 bikes 40 bikes 85 bikes 110 bikes55 bikes City Members Joined Trips Taken Manchester 36.3 1,887.5 Similar City 47.0 1,769.7 Why these numbers? Avon is successful at leveraging early- and late-season promotions, and continues to show momentum toward the bikeshare system being used for local transportation needs. *Data for Dates 1.1.19-12.1.19 Trip Visualization 50 bikes 40 bikes 85 bikes 110 bikes55 bikes REQUEST FOR PROPOSALS REGIONAL EAGLE COUNTY ELECTRIC BIKE SHARE PROGRAM Vail, Avon, Eagle-Vail, Colorado Attn: Beth Markham Environmental Sustainability Coordinator Town of Vail bmarkham@vailgov.com Proposer: Dropbike, Corp d/b/a Drop Mobility rfp@dropmobility.com (Mailing) 548 Market St PMB 64073 San Francisco, CA 94101 Primary Contact: Dipesh Dar COO Drop Mobility +1 647 621 7191 dipesh@dropmobility.com 1 A. Cover Letter Drop Mobility is a leading micro-mobility solutions provider head quartered in Toronto, Canada and operating across multiple municipalities in North America through its US subsidiaries. Founded in the spring of 2017, our city-first partnership mindset has allowed us to extend our services to many municipalities and campuses in quick time. We were the first North American smart bike company to partner directly with a city and launch a hub-based bike share system in Kingston, ON, Canada. Since then, we’ve expanded rapidly to US markets where we operate and support thousands of vehicles (including e-bikes, pedal bikes, and electric scooters) in many cities, including Colorado Springs, CO and Manitou Springs, CO, where we have partnered with PikeRide to provide a fully integrated app based electric bike share system. The bike share industry is changing rapidly and it seems to be divided between docked and dockless systems. Traditional docked systems are organized but expensive and inflexible. Dockless systems offer more convenience for users but are disorganized and chaotic for cities to manage. We at Drop believed from the very beginning that instead of choosing camps between docked and dockless systems, there has to be a better way of delivering micro-mobility to communities that want to provide a convenient but organized system. We researched extensively and tested various operating models and developed our very own hub model that we feel is the perfect middle ground. This involves operating vehicles with GPS and lock-to technology in a geo fenced service area with multiple destinations marked as hubs. Using the app, users have the flexibility to check out the vehicles from their smartphones and leave them at the hubs or lock them to any convenient city infrastructure (like racks, posts, etc) anywhere within the coverage area. Using our smart backend admin software and customer support processes, we ensure that all trips are monitored and parking violations are controlled directly though the app. This creates a perfect balance between convenience, reliability and organization- resulting in a system that is used and loved by locals and respected by the community. Additionally, the flexibility of hubs allows for locations to be easily moved, repositioned, or removed for the off-season. More benefits of a hub model are further explained in detail later in this submission. Equally important to our company has been the need for creating meaningful localized partnerships. We believe in locally branding a system to the city, region, sponsor or transit brand. This is essential to building a connection with the community and helps build continuity and support for a long-term system. This also opens the doors for integration with different local organizations, transit (like the Eco-bus or Vail bus), universities or other public/private campuses. This is our version of a true public-private partnership to deploy organized micro-mobility. In reading through the RFP and researching the Vail, Avon, and Eagle-Vail communities, we are excited and inspired by this project. The plan to pull regional communities, sponsors, and providers together to deliver a regional and neighborhood based electric bike share system is exactly the kind of opportunity we get excited about. We are fundamentally aligned with the goals of reducing greenhouse gas emissions, vehicle miles traveled, and providing an alternative mode to help residents and workers commute and run errands, and will demonstrate ahead in our submission how we plan to work along side and not compete with local bike rental shops. Please read on to find a proposal from Drop Mobility which outlines how we plan to partner with the communities in Vail, Eagle-Vail, and Avon to deliver a turnkey electric bike share by May 15, 2022. We have proposed a slightly larger system than outlined in the RFP, with 75 e-bikes and 12 stations to start. This way we can bring more bikes to more people and places. We have proposed an all-inclusive per-bike monthly cost such that the system easily scales up or down, and we have included significantly reduced costs for the off-season as we can leverage existing regional warehousing for winter storage needs. Finally, you will learn why we feel strongly that “virtual stations” and battery swapping are the right solution for your community, and how our talented in-house team of software and hardware developers, marketing and branding experts, and seasoned operators make Drop Mobility a unique end to end micro-mobility provider. The proposal shall remain valid for a period of not less than one hundred twenty (120) days from due date of proposal. 2 Dockless flexibility but unorganized and uncared for Docking organization but rigid and expensive Finding a middle ground Drop 201L in action in Kansas City, MO, Colorado Springs, CO, and New Orleans, LA 3 B. Respondents Qualifications, including experience and at least two references for similar projects Drop uniquely operates across the entire stack of micro-mobility, from nuts and bolts of hardware to operations to influencing government policy and regulation. This allows us to quickly adapt in the rapidly changing micro- mobility environment, and implement solutions while coordinating with our strategic partners and users. Some key company qualifications •More than 5 years of experience operating micro-mobility (including e-bikes, scooters and pedal bikes) across dozens of cities and campuses in US, Canada and Europe. •Expertise across multiple functions of micro-mobility from own hardware supply chain, in-house software development, operations processes, customer support systems to public policy. •Locally branded product to the region, existing sponsor, bike share operator or transit. •Deployed fully transit integrated multi modal electric mobility systems in major US cities like Kansas City, MO and Colorado Springs, CO, New Orleans, LA, among many others. •Extensive network and presence across major North American cities through our tie ups and active involvement in organizations like NABSA, NACTO, etc. •Strong backing from reputed venture capital firms based in Silicon Valley and Asia. •Incredibly talented (and growing team) of in-house software and hardware developers, branding and marketing specialists, experienced operators, and customer success associates. Drop Mobility Organization structure Given that we are structured to operate across the entire stack of micro-mobility, Drop has a diverse team of 30+ business leaders, operations managers, product experts, engineers, designers, customer service reps, marketers, accountants, and legal experts. This includes an extended team of part time and partner field staff in each of our markets managing daily operations. 4 Supply chain Hardware Logistics & deployment User and operational software API Integrations Customer (rider) success Operations/execution Government, policy & partnerships Some of our similar electric bike systems in the US: 1. Colorado Springs, CO, USA One of the fastest growing systems in the region and a hot bed for tourism and outdoor activities. We launched here in spring 2019 and have already doubled the ridership numbers as compared to the older system. We partnered with PikeRide, the non-profit bike share operator, and launched a fully electric, lock-to vehicle fleet. The early stages of the partnership have resulted in large increases to the current system size of over 250 + electric bikes, as well as expansion to nearby ski town, Manitou Springs, CO. The climate and topography here is similar to Eagle County, CO. Reference 1: Jolie Nesmith, Executive Director, Pike Ride 739 E. Pikes Peak Ave., Colorado Springs, CO, 80903 jolie@pikeride.com 719-235-5862 2. Kansas City, MO, USA We launched a fully electric system in fall of 2018, working in tandem with the existing docking station bikes and in partnership with the transit authority, RideKC, and the existing bike share non-profit, BikeWalkKC. This system includes participation from several neighboring jurisdictions who have all come together to form one cohesive system under one common brand. We have further co-branded the software platform and integrated into the transit service and continue to build on this partnership. We have been able to set and achieve various common goals like delivering a fully integrated system, expanded into new areas of the city including equity neighborhoods, collaborated on flexible pricing, provided unique membership types, and more. Reference 2: Eric Vaughan, Director of Bikeshare, BikeWalkKC 1106 E 30th St Suite G, Kansas City, MO, 64109 eric.vaughan@bikewalkkc.org +1 (573) 690-0409 5 COO Head of product Supply chain director VP of operations Engineering team Data team General manager-ops Operations coordinatorRepairs coordinator Field staff Marketing manager Customer service manager CEO 3. New Orleans, LA USA The relaunch of a legacy system, we partnered with Blue Bikes Nola to bring back bike share to New Orleans in the summer of 2021. This is a great example of a public private partnership where we supported the goals of the City, non-profit operator, local bike advocacy groups, and a title sponsor. New Orleans is a dynamic market and we balance prioritizing the local needs of the community (including a thriving equity program- Blue Bikes for All) while also providing transportation to tourists, visitors, and students. Reference 3: Geoff Coats, Executive Director, Blue Bikes Nola 2740 St. Louis Street, New Orleans, LA, 70119 geoff@bluekrewe.org +1 (504) 782-0098 In addition to the references above, we are contracted to operate turnkey systems of this size (100-200 e-bikes) in markets such as Rialto, CA and Fresno, CA. We have a growing business operating systems in resort towns such Colorado Springs and Manitou Springs, CO and on campuses such as Micron’s largest US campus in Boise, ID. C. Approach and innovation At Drop we believe in a simple framework for delivering sustainable micro-mobility that involves a combination of robust hardware, smart software and an integrated operating model. This enables us to deliver reliability, convenience and organization which is the key to a successful bike share system. Robust hardware At Drop we have our own R&D, design and hardware engineering teams that work with our hand picked manufacturing partners to delivery all micro-mobility hardware including e-bikes that are most suited for bike sharing. We have developed the Drop e-bike model E201L after multiple iterations and this is our most popular model till date. We have been able to achieve this superior product quality as we control everything from design to parts sourcing to assembly to spares for our hardware. Working closely with manufacturing partners allows us a lot of flexibility and customization unlike many micro-mobility companies that pick “off the shelf” products and deploy them for bike sharing use without proper testing or research. Smart, integrated software Drop leverages in-house expertise for our software development whether its our user facing app, website or backend admin platform. An expertly designed software ensures that every aspect, from the BLE and GPS of the vehicles to the UX, to the data-sharing, to customer support and open API's for integrations is reliable and consistent for both users and our partners. This means that the app is easy to use, vehicles are easy to locate and ride and user data and privacy is 6 Robust hardware Smart, integrated software Operational expertise Reliability Convenience Organization protected. We are constantly iterating the software, pushing new updates and developing new features based on feedback from our partners, as well as our own operating experience. In addition to our advanced hardware and smart software, the core of our innovation lies in our operating model in 3 key areas: hub-based model, lock-to and end of trip photo review, and battery swapping. Hub-based operating model Our learnings from the micro-mobility space show us that both docked and a dockless bike sharing systems have their challenges. A docked system while organized, is expensive to operate and inconvenient for users due to inflexible parking and cumbersome hardware. On the other hand, a fully dockless free-floating system may be convenient for users, but can be hard to manage and is unreliable for consistently finding vehicles fit for use. The biggest concern though is the mess that improperly parked dockless vehicles can leave across city streets, which impacts non users and renders the system to be unorganized and inefficient. Our hub-based model is the perfect middle ground between docked and dockless that provides user convenience, reliability and organization. We demarcate an overall service area that is geofenced so that vehicle trips cannot be ended outside this region. We further work with our partners to identify key locations (like existing biking hotspots, city racks, bus stops, etc) and designate these as ‘hubs’. These are locations where the on ground operations team will rebalance vehicles most of the time and users will be encouraged through in-app instructions to park here. This increases reliability of finding vehicles and keeps the system organized. The hub-based system is a unique solution because users know that reliably there will always be vehicles at certain hubs, and cities know that vehicles will be rebalanced back to hubs. We monitor the system closely through our advanced backend admin software. 7 Mobility “hubs” for parking and picking up e-bikes increase reliability of finding a vehicle and organization. Coverage area is clearly defined and communicated to users on their apps. Enforced through warnings, incentives and penalties. GPS tracked vehicles that can be unlocked through smartphones by scanning a QR code. Lock-to, end-trip review, geofencing There are two critical features in our operations that ensure the hub-based model is successfully deployed and maintained. These are our lock-to technology and the end-trip process review. All of our bikes are equipped with a lock-to cable technology. While ending their trip, users are instructed to use the cable to tether the bike to physical infrastructure either at a hub (or at any other locations like city bike posts, racks, flex hubs, etc) and securely lock it. This prevents vehicles from falling over or being left in areas in the middle of the sidewalk or other precarious positions that so many micro-mobility companies have been criticized for. To ensure that users are following this system, we have built an additional step without which the users cannot end their trip. Once the user clicks the ‘end-trip' button in the app, they are prompted to take a photo of the vehicle with the lock clearly visible. The trip only ends once the photo is successfully submitted on the app. Each of the photos are stored in our back end admin platform where they are accessed and reviewed by the customer support team. If a user did not park correctly, they are notified via the app about the parking issue, and they are subject to warnings and potential fines in a clearly laid-out process. At the same time, our operations team is notified through our automated team-messaging system to check out the vehicle that was provided an end-trip warning. All our vehicles have an onboard GPS chip and and our service area is geofenced, so we always exactly know where all of our vehicles are at all times. This helps the team to effectively rebalance vehicles to hubs and promptly retrieve any vehicles left out of zone or not properly parked. We can also create exclusion zones and black out areas within the service region where the city partners do not want us to allow vehicles to be parked. With all of the above hardware and software technology features, we have been able to deliver over 95% parking compliance in markets where we have deployed the hub model. When issues do arise we are able to track vehicles in real time and resolve quickly. Battery Swapping Battery swapping is the future for all electric transportation, seen by the transition to swapping over recharging by every major micro-mobility operator. We have believed in battery swapping from the very beginning. Charging infrastructure is expensive and permanent to install on community streets. Solar panels, while in theory are great for eco-friendly recharging, are inefficient and unreliable. And moving vehicles back to a central warehouse to recharge simply does not make sense. Better battery technology with larger capacities results in a 40+ mile range on a single charge, meaning batteries need to be swapped as often as quick safety checks and cleaning bikes is required. This creates for an efficient recharging process that is combined with routine maintenance and rebalancing. 8 D. Equipment safety, reliability and durability Electric assist bicycles (e-bikes) At Drop, our hardware is specifically designed and built for public bike sharing. Many bike share companies are picking off-the-shelf bike models available with factories in Asia, to cut corners or to prioritize speed of deployment over quality and safety. On the other hand some other companies, in the zest of building something that is highly durable and secure, compromise on the comfort and riding experience by building heavy and bulky bikes that are also extremely expensive. Both of the above scenarios lead to the overall system being less cost effective and unsustainable.. Our design philosophy for our E201L e-bikes is to have a simple, light and convenient bike frame which gives the rider an enjoyable riding experience but also balance this with a design and specs that make the bike durable, safe, easy to maintain and secure from theft and vandalism. Our in-house hardware sourcing team has gone through multiple iterations of e-bikes before selecting the current model for use. Custom configurations, specs, features, and accessories are available upon request. Electric assist bike (model E201L)- A demo bike can be made available on request Drop’s electric-assist bike is rugged, durable and stylish. Everything from its sturdy design, longer range battery, unisex frame, foam tires to lock-to mechanism have been designed for public bike sharing. The e-bike is powerful- with a 350w rear wheel motor, it can tackle mountainous geographies like in Eagle County. The bike is equipped with internet connected smart locks with on-board GPS and sensors that provide real-time data on battery-levels, locations, bike condition and more. In addition, the unique lock-to cable allows bikes to be secured to physical infrastructure. 9 Some key safety features that we have built into our bikes •Electric motor on the back wheel in a combination with Shimano brakes so that the bikes don't flip while hard braking as was reported with some competitor bikes recently •Concealed numbered battery with keys that is easily swappable but weather proof •lock-to cables, harder to fall and be stolen •Basket is fixed in place, reduces tipping •Bell is double turn for easy use (you can turn it in any direction) •Front light that actually illuminates the ground and stays on till bike is in unlocked state •Puncture proof tires (prevent mid trip stops) •Roller brakes with lowest in class maintenance and highest in class durability •Double protected brake wires •Tamper free screws to avoid theft •Anti-theft pedals •16 mph max speed (adjustable), Torque sensor for better control, electrical cutoff when not turning pedals We believe in locally branding all our equipment to make users understand that this is a regional program operating in the communities of Vail, Avon, and Eagle-Vail. Above is a 3D rendering of our e-bike model E201L to show you a blank canvas. We will work in collaboration with the partner communities to custom design and brand the bikes, as in the example shown above. Please note, this is for demonstrative purposes only, and we are able to adapt to colored frames or different designs. Finally, Drop works with leading manufacturing partners, adhering to international protocols like ISO 9001:2015 and we have industry Gold standard certifications like CFR1512 for our e-bikes. Our vehicles also comply with CPSC Public Law 107-309 for maximum engine wattage and ISO 43.150. 10 Hubs & Way finder signs As explained earlier in the proposal, we operate stations or “hubs” where bikes are locked to a designated rack or area, or to existing infrastructure. These are virtual docking stations that offer all the advantages of traditional docking stations, while also offering a more cost effective and flexible solution. Hubs can be created, customized and changed easily meaning stations can be added and moved without much heavy lifting. A picture of Drop e-bikes at a hub with signage in Colorado Springs, CO. We work with partners to select and design racks and signage, customized based on what will look best in the local community. We can offer many different rack and sign designs and will work with our partners and stakeholders to design and implement. E. Technology, data and integration Technology Drop Mobility provides an integrated mobility solution. Our technology stack is developed by our in-house team (ex Google, Microsoft, etc), with years of experience in regionalization and operating bike share. Our infrastructure is localized from the ground up, and includes the suite of tools from operations backends on desktop and mobile, white- labelled user facing apps and websites, and the core modules which maintain and manage connectivity with vehicles over the cellular network. 11 Platform Drop’s software platform was designed by operators for operators, our experience comes from years of operating micro- mobility across many markets that have encountered the same operational, software, marketing, communication and other challenges and opportunities that you do and will in the future. Some features of the platform include (but are not limited to): •Flexible pricing options (membership, day pass, pay as you go and more), or work with our team for specialized occasions (like conferences, etc) Generate coupon codes for specialized occasions •View detailed user info, previous trips, end-trip photos, past warnings, ban/manage users and other relevant user data in our web admin •Vehicle management system which can disable vehicles that are unfit for use, remotely •Editable service areas both from the mobile app and the web interface •Built-in vehicle issue tracking system that is tied to vehicles as well as field-technicians so that maintenance can be tracked (and the ability to search/filter by properties like vehicle number, technical name, etc) •Customer tracking system (CRM) that helps delegate and manage customer support issues •Smart rebalancing reports that indicate vehicle usage and recommends balancing options •Trips view that maps trip start/end/duration as well as the ability to filter/find specific trips by their properties (user name, vehicle number, start region, etc) •End-trip management view that manages proper parking with end-trip photos (and can fine/report customers, or incentivize customers to park in certain regions) •Hub management including sponsor markers, physical naming and tagging, and more •Battery management view with low battery bike status, as well as aggregate battery stats (like lifetime of battery before swap) •End users can report issues with trips, which, if relevant, are automatically added as vehicle issue tickets •Field-staff have access to mobile apps that allow them to view detailed vehicle status and system status reports, as well as receive notifications for maintenance/system alerts 12 Core Operations Telematics Cellular Integrations Consumable APIs for city and partner use User interface Customizable user facing apps Admin Mobile and desktop tools Mobile operator apps Desktop admin Real time operations and KPIs Analytics Separate and secure Payments PCI compliant partners Drop’s technology suite is decentralized and modular, which increases reliability while allowing us to move quickly. For example, each module can be updated or customized one at a time. Parts of our stack are hosted on partners like AWS and Digital Ocean. Databases are backed up in real time in PostgreSQL. Payments are provided through Stripe (PCI compliant). Data and reporting tools Drop Mobility is a partner-driven organization, and we believe in sharing all relevant and useful information with our partners, with an eye towards user privacy and data security. There are three levels of data sharing Drop Mobility provides: public, partner reports & API access, and live system data. Level 1: public data •Drop Mobility’s systems are interoperable with the with GBFS (General Bikeshare Feed Specification) and MDS (Mobility Data Specification) formats, and can provide an API endpoint such as (https://api.dropbike.ca/gbfs/vail) •Drop is a strong proponent of multi-modal travel, and public data helps our partners and other service providers integrate into one technology platform Level 2: partner reports & API access •Tokenized data (without personally identifiable information) is shared with partners on a weekly or monthly interval, and include customizable reports which are unique to each region’s requirements •Reports already include the following- Trip history: including distance, duration, start/end, trip path, member history: member subscription uptake tracking, coupon code usage, etc, revenue reports: by type, by vehicle, graphed, customer service reports, Demographic and region-specific data can be collected Level 3: system data is shared with partners at an application level •Our partners can access Drop’s operational backend through our mobile and web applications. These systems are part of day to day operation and product team updates features regularly •Each staff member will have their own login credentials for security and authentication purposes •These applications are secured through industry-standard encryption protocols (SSL, HTTPS) and strong password and identity systems Customer Facing Website and App Our front-end user apps for Android, iOS and platform website are designed for today’s mobile user. 13 Operations staff have access to mobile and web platforms. Drop regionalizes and co-brands local user apps and websites. (See web mockup below) •Easy to signup with familiar phone number verification and persistent login •Our website platform is customized to iOS and Android users and has tracked download metrics •Users can easily view vehicle locations, statuses and check out a vehicle with the quick scan of a QR code •Users can sign up for all membership and day pass types within the app, skipping any kiosk or website •Financial services are run in a transaction-protected sandbox and processed through our service provider, Stripe, which is PCI compliant •User names and addresses are anonymized in all non-encrypted environments, and all app access is encrypted over HTTPS and TLS with audit trails •Customer feedback section allows users to give feedback, ratings, get FAQs answered, chat with a team member immediately or report issues with their trip •Both the user app and website is modifiable to include sponsor hubs, sponsor checkouts, other advertising options (which can be developed with our team on a unique per-sponsor basis) •Users can see their trip history with summary data about their health and environment impact •Before starting a trip, users are shown instructions customized to their current location, region and past riding experience Transit/Mobility/Ticketing Integration Drop has an open partner approach. In each city, Drop can be completely transparent to the operational metrics and integration possibilities due to the nature of our partnerships. Your partners are our partners. Our platform has been designed with integrations in mind from the beginning, with architectural openings for joint ticketing, shared accounts and vehicle status/locations. However, each partner has unique API access and our integration involves a discovery phase followed by implementation. F. Implementation Plan and Schedule Should we be awarded the contract to operate this system, we can commit to the following schedule: March and April—> Discovery phase: This phase entails gathering information from the partner communities to set up the most eff ective launch of the system possible. Included during this period is hub mapping, system sizing, infrastructure sourcing, and collaborative planning (existing system transition, communication, internal stakeholders onboarding, integration possibilities, etc). It is also when we source our warehouse and storage facilities, hire and train the local team, and build out partnerships with local bike shops, advocacy and non-profit groups, housing developments, large employers, and the community at large. May 1st - 15th—> Demo/Training period: This phase kicks off our product training, with software demos scheduled and maintenance training begins. Once the local project manager is trained, they then demo and test all bikes/software system to make sure that they are ready to go. This period is generally where additional maintenance and field 14 technician are hired. Plans for the marketing and launch of the system are further developed and we maintain a comprehensive launch checklist. Drop has developed an eff ective training and onboarding process which we use to quickly bring new team members on board. May 15th and ongoing—> Final Launch and execution: Any final planning for the launch is done, and complete preparations are actioned to ensure a smooth first few weeks. Within a week of launching the new system, we will host a launch event to generate excitement and build awareness. For this event, we invite key figures in transit, cycling, sustainability, government and the press. We also coordinate a press release and social media campaigns. G. Marketing and promotion plan Drop has a talented in-house marketing and design team that handles everything from the initial branding of the system, design and development of a user app and website, all marketing collateral, and a comprehensive education and outreach strategy with a focus on targeting local residents and employees who will use the system for commuting. Any successful community outreach strategy includes a focus on partnering with local organizations, housing communities, and employers. Additionally, in Eagle County we would have a special focus on partnering with local bike shops and rental companies (such as Vail Wheel Base) to ensure the bike share program is not directly competing with their rental business. Since pricing and promotions are entirely customizable in the Drop platform, we can create a pricing structure that satisfies existing e-bike rental companies. Our outreach and promotional strategy includes the following: An initial launch event and press outreach We use the time leading up to launch and the first few weeks after to generate local buzz and excitement, educating the community by announcing system size, station locations, and pricing. Employer outreach We will continually work to form relationships with the partner communities’ employers, starting with some of the largest such as Vail Resorts, Eagle County Schools, Vail Valley Medical Center and Eagle County Government. By offering information, special pricing, and product demos we can target commuters that work here. Community outreach Housing developers love to tout bike share as an amenity, and we can use this to our advantage to get them to help spread the word. We can approach housing communities based on proximity to hub locations to provide education. Social media ads We can geo-target educational ads about the system to the geographies in which the system serves. Radio and print promotion Good old fashioned radio and print (such as ads in the Vail Daily) help inform the community and spread the message about bike share. H. User Experience Our goal is to make sure that the process for renting and returning bikes is easy and stress free for users. Users can download the proposed “Eagle County Bike Share" app in either the Apple Store or Google Play Store. There will be instructions on the bikes and hub way-finder signages to guide users. When User’s download the app, they will be taken through a series of instructions and onboarding screens including accepting a terms of use/waiver form, an account set up page, a payment information page, safety instructions- including information around how and why to wear a helmet- and all required information on how to use the app. They can select different payment options at this point as well (pay-as-you-go, membership options, etc). The screens will also explain how the system works, provide information on about the service area, how to lock the bike to public infrastructure or hubs, and how to end the trip properly. Any additional questions that the users may have throughout the unlocking, riding and parking process can be directed towards our customer support teams in the app. There are detailed FAQ’s in the app as well in case the users want to seek answers by themselves. When they have finished setting up their account on the app, the users will see a home screen with a map of the service area, and the location of all of the bikes in the 15 system. From here they can walk up to any bike and using the app, they can ‘scan’ the QR code located at 2 places on the bike using their phone camera. This will automatically unlock the bike and they will be able to begin their trip. Alternatively, they can manually enter the bike number (listed on each bike), which will also automatically unlock the bike. Before they begin riding, they will have to read through a few safety and instruction screens, including helmet and traffic laws, how to lock the bike and end the trip, and the importance of respecting the public right of way. Sample basket sticker design for a Ride KC e-bike depicting the user instructions on bike When they begin riding, they will see a screen which will show them how long they have been riding, the e-bike battery, and a map of the serviceable area. They will also be able to see all of the hubs in the map for locking their bikes. When they decide to end their trip and they find appropriate public infrastructure for parking, they can click the ‘end trip’ button on their app riding screen. From here, they can use the cable lock and the wheel lock to lock the bike and tether it around public/hub infrastructure. Thee trip automatically ends when they have done this. Next, their app will prompt them to take a picture of the bike in its locked state around the public infrastructure or hub. They take a picture, which automatically is uploaded on the drop backend for review. At this point they can close the app and continue on with their day. If there is a problem with the parking job, they will receive a notification email with a link to the picture that they took, and a description of why it was incorrectly parked. Our operations team will fix this parking job personally, but some good samaritans take it upon themselves to correct the parking job once they receive the email notice. Users can check their ride history on the homepage of the app, along with other account information such as payment info. Sample user onboarding screenshots for Link Dayton bike share powered by Drop 16 I. Operations Plan When you partner with Drop Mobility, you leverage our team’s combined decades of experience operating some of North America’s largest and most vibrant bike share systems. We understand the region is seeking a turnkey operator to deliver an effective electric bike share system and we very excited for the opportunity to apply our successful approach to bring a thriving system to the partner communities. We have proposed a system of 75 e-bikes at 12 stations, and if selected we will work with the communities to identify station locations with 70% of infrastructure in Vail, 20% in Avon, and 10% in EagleVail, and with a priority on serving multi- family, workforce, and low income neighborhoods. Due to the light infrastructure that comes with a hub-based model and battery swapping, we can offer you a bigger system which will help achieve density and reach more residents. We believe in a phase-approach to scaling up a system and once ridership goals are achieved, the system can be expanded. Furthermore, the hubs can be scaled up and down and easily repositioned as communities’ needs change. E- bikes and hub racks can easily be removed and stored in our regional warehouse nearby. You will find more details on the proposed financing of system expansion in the Budget section below. Rebalancing and Recharging At Drop, we have built customized software interfaces that give field staff and system administrators a variety of reports and detailed information on system utilization. We use this data (like riding patterns and bikes trip history) to determine which areas/hubs should be prioritized when rebalancing. There are both mobile and web views for the staff to enable convenient and flexible monitoring of the system. There are various algorithms in the backend that prompt the field team on their rebalancing routes and goals for every shift. The e-bike batteries are swappable so can easily be replaced in the field with the extra batteries we will provide. The e- bikes thus should never really go out of service due to battery reasons. There is an additional backup battery on the smart bike locks that will keep the lock active and ping the servers for a week even if the main bike battery runs out of power. The Operations coordinator and field staff have access to real time battery charge status for all bikes (see web app screenshot below for reference). This and many other reports and tools make it easy for the staff to plan their day, prioritize routes and attend to bikes depending on their status. An e-bike battery status view for field staff on the Drop admin backed app Given that e-bikes have swappable batteries with a large capacity, our team is able to plan efficient routes that limit the amount of van and truck trips during rebalancing. Some field staff also like to carry charged batteries in a backpack, and bike from hub to hub while rebalancing. The speed and ease of using the electric bikes allows for this process to still be 17 quite efficient while carbon emissions are limited. While performing battery swaps, field techs can also do a quick maintenance safety check, clean the bikes, and reposition any bikes which may be slightly out of order at the hub/ station. Maintenance plan We plan to approach local bike shops about potentially partnering to provide maintenance on our fleet. Alternatively, we will engage with the local bike enthusiast groups to hire and train staff with knowledge of bike maintenance to maintain the fleet. A specialized mechanic deals with more significant damage back at the workshop, and our field team is in constant contact with our HQ data team to service any bikes that are having additional software/app issues. Operationally, field-staff have access to mobile apps that allow them to view detailed vehicle status and system status reports, as well as receive notifications for maintenance/system alerts. The field staff are scheduled for the maintenance of various bikes, ensuring that each bike in the fleet is regularly maintained. This maintenance check list includes, but is not limited to checking the chain, tires, lights, saddle, gear shifters, brakes, basket, bell, and overall condition of the bike. As mentioned previously, field staff are alerted to any and all bikes that are low on battery, and swap those batteries. It is a common practice in our operations for field staff to also run through a maintenance check of the bikes when they swap the batteries. The operations team is able to detect if vehicles have been damaged and are in need of more immediate attention either through our customer service channel where concerns may have arisen, or bike monitoring the condition of bikes in the end-trip review process. Each day through our 12 hours of field staff coverage, they receive an automated report that provides them with information on which bikes are in need of maintenance, any reported breaks, and any bikes out of the service zone. Pricing We work with partners to find ways to engage different geographic and demographic consumers, including students, older adults, lower income residents, neighborhoods of color, women, non-bikers, non-English speakers, and other traditionally underserved populations. Below are a list of our typical pricing products for e-bikes, to use as a reference, although these can be modified based on our conversations and engagement with our partners. •Pay as you go option- $1 to unlock + 15 cents per minute •Memberships- $20 per month, $50 quarterly and $100 annual •Passes- $10 for a 24 hour pass or subsidized weekly passes, seasonal passes •Discounted access- subsidized student, equity pricing, etc •Special access- sponsors, city staff , corporate partners, etc •Others- event pricing, coupons, etc With a heavy emphasis on collaboration and partnership rather than forcing our model on cities, Drop works with partner communities in order to determine the most effective pricing options for ensuring equitable access and sustainability of the program. Equity At Drop, we believe in a system that is accessible to all, regardless of income or access to financial services. In each and every market in which we operate, we have built out a robust and comprehensive equity program that addresses the local needs of the market. To do this, we first work directly with public leadership during a discovery period to determine the local needs of the community, build out the goals of the program, and define the criteria for qualification. We then partner to identify communication channels to the equity markets, and form a plan for outreach and engagement. More information and examples can be provided upon request. 18 Customer support At Drop, our in-house support team understands the importance of timely response to customer contacts. Micro-mobility is all about simplicity and speed and we make every effort that our customer experience follows suit. Riders can contact support teams through in-app messaging, email or phone. The support team is trained and experienced in handling rider onboarding and education, billing questions and fee disputes, and on trip issue management and parking complaints. The support team also assists fleet teams in fleet management and rider outbound related to parking education reinforcement. Our team responds to 70% of customer contacts in under 15 minutes with an overall SLA of 14 hours based on our hours of operation from 8am to 7pm MST. Additionally all of our team members work remotely and we are willing to hire a local associate who intimately knows the partner communities. In cases of emergencies, we will be able to provide a hotline to reach the local operations team members. Local residents will also have clear lines of contact in order to report issues with the parking or riding of our vehicles. Our support team can use these reports to manage vehicle relocation and rider education or removal from service. J. Budget In line with our collaborative approach to everything, we can custom tailor the budget to fit the region’s available resources and desired outcomes. At Drop we believe our partnership depends upon entering into transparent discussions and collaborating on how we can achieve a system with mutual financial and operational sustainability. We understand that the region has funding available and is seeking a transparent budget to understand capital and operating costs for at least the first year of a turnkey electric bike share system for the region of Vail, Avon, and Eagle- Vail. We built a pro forma for the system based on our understanding of available resources. We are proposing a slightly larger system of 90 e-bikes and 15 hub racks in order to achieve density and reach more residents and employees. We included per-unit costs in the descriptions to demonstrate how the system can scale up or down, depending on needs and desires and available resources. Finally, we are proposing that 10% of revenues from the system be applied in the first year toward marketing and outreach to spread awareness and increase ridership, with the hope of building a long- term, sustainable and scalable system. Please note, this is a proposal based on our understanding of the project and what best suits the available scope and budget, but we are open to discussion and collaboration should the region have further input. Details of a turnkey system •We are proposing a fully electric system with Drop’s electric pedal assist (E201L) bikes operating in a hub based model. As explained earlier, this includes having geo-fenced stations (hubs) with bike racks and way finder signs installed for organized parking and user clarity. •We will provide an “Eagle County Bike Share” user app (iOS and Android) and provide a customized website and admin backend (desktop/tablet/smartphone app versions) developed by Drop’s in-house software team. •Hardware branding in city livery with eg. “Eagle County Bike Share, powered by Drop” subtext, or any other branding the region or its partners desire. •Proposed system size and hardware details: 90 Drop e-bikes with smart IoT connected locks, 15 bike racks (60 rings in total to accommodate ~100 bikes), sufficient spare parts and tools for a minimum of 1 year of operations. •Customizable pricing and memberships, focussed and customized equity program support for underserved neighborhoods. 19 Following is a list of assumptions for the regional system: Following is the breakdown of projected cost for the regional system: Following is projected revenues for Year 1 of operations: Based on the budget above, bikes and hub racks will be distributed based on the following plan*, and payment is specified accordingly: •Vail (70%): Number of e-bikes - 63. Number of Hub racks - 10. Prorated amount due - $174,440 •Avon (20%): Number of e-bikes - 18. Number of Hub racks - 3. Prorated amount due - $49,840 •EagleVail (10%): Number of e-bikes - 9. Number of Hub racks - 2. Prorated amount due - $24,920 *Can change distribution plan based on Partner request. Additional virtual stations can be applied to existing racks and infrastructure. Assumption Count Duration of program 1 year Electric pedal assist bikes 90 Hub stations 15 Expected rides in year 1 16,200 Average revenue per ride $3 Description Monthly or one time (US$)Total (US$) Deployment and set up (one-time) $10,000 $10,000 Hardware, software customization (one-time)$10,000 $10,000 E-bike monthly leasing (90 e-bikes x $175/ bike) *for 6 mo $15,750 $94,500 Hub rack leasing cost (15 racks x $250/ rack) *for 6 mo $3,750 $22,500 Software monthly platform fee ($15/ bike) $1,350 $16,200 Operations and administration (May-Oct)$10,000 $60,000 Off-season all inclusive cost (Nov-Apr)$3,000 $18,000 Marketing and community outreach *for 6 mo $3,000 $18,000 Total cost to run system for 1 year $249,200 Revenue Plan Expected revenue (Avg) from user fees $48,600 Revenue share to Drop (90%)$43,740 Revenue share to be re-invested in marketing and outreach (10%)$4,860 20 Notes: •Hardware rental includes e-bikes, racks, way finder signage, spare batteries, and sufficient tools and spares for one year of operations. Per unit costs are provided in the table above and number of units can be scaled up or down. •Platform fee covers all dashboard, app and website maintenance, hosting, data fees, GPS, etc. •Operations and administration includes all costs associated with running a successful e-bike system including rebalancing vehicles, leasing and running the bike shop, labor costs, etc. •Off-season costs include bare essentials for winter storage and administration. •In year 1, 10% revenue share is proposed to re-invest in marketing and outreach. In future years the revenue share could be applied to system expansion or any other desires of the partner communities. •Insurance certification can be provided if selected, we already have coverage exceeding the required insurance. •Payment terms: 50% in advance preferred but can work with any grant requirements. 21 970-748-4446 mlabagh@avon.org Page 1 of 2 TO: Honorable Mayor Smith Hymes and Council members FROM: Michael Labagh, Recreation Director RE: Child Care Operations Stabilization and Workforce Sustainability Grant DATE: April 20, 2022 SUMMARY: The Recreation Department’s licensed child care program was awarded $52,789 from the State of Colorado’s, Department of Human Services, Child Care Operations Stabilization and Workforce Sustainability grant in February 2022. All money will be distributed to the Town by October 2022 and must be used by September 2023. BACKGROUND: Recreation Programs Division staff were informed of this opportunity via the State of Colorado’s Department of Human Services in January 2022. $35,000.00 is being allocated to local program families to subsidize the cost of child care. This money is eligible to be used on the Recreation Department’s Afterschool Care and/or Summer Camp programs. The other $17,789.00 is being used for eligible Youth Programs Division (521) expenses. Any residual money left at the end of 2022 will be carried over into the 2023 Recreation Department operating budget. GRANT DISTRIBUTION: ACCOUNT TITLE ACCOUNT CODE AMOUNT PTS BONUSES 100-521-61122 $9,404.00 OVERTIME WAGES 100-521-61151 $1,000.00 GENERAL PROGRAM SUPPLIES 100-521-62301 $4,885.00 FOOD & BEVERAGES 100-521-62802 $1,500.00 COMPUTERS & PERIPHERALS 100-521-66402 $1,000.00 TOTAL ADDITIONAL EXPENSES: $17,789.00 STATE GRANTS REVENUE 100-53299 $52,789.00 YOUTH PROGRAMS CREDITS 100-54655 $35,000 TOTAL ADDITIONAL REVENUE: $52,789.00 GRANT MANAGEMENT: The total grant funding of $52,789.00 will be recognized as revenue under the State Grants account, 100-53299. $35,000.00 of the total grant award will be allocated to local program families and tracked via the Recreation Department’s software system, SmartRec. The increased expense 970-748-4446 mlabagh@avon.org Page 2 of 2 in the Youth Programs Division operating budget will be offset by revenue received and recognized in the State Grants revenue account. Staff are required to send a report to the State of Colorado, Department of Human Services each month stating where the grant money is being allocated for the previous month. This will be managed by the Recreation Services and Youth Programs staff. Thank you, Michael ATTACHMENTS: Attachment A – Child Care Stabilization Grants Application Guide Attachment B – Grant Award Information Attachment C - Budget Revision View this email in your browser Dear child care providers and early childhood stakeholders, As we noted in our email announcing the Child Care Stabilization Grant application opening date, we are pleased to share with you an application guide and a sample preview of the application questions for the grants. The application guide provides important details on the application, and can be accessed here. The PDF preview of the sample application questions can be accessed here. The PDF preview of the sample application questions also includes some tips that will help providers filling out the application. A Spanish version of the guide (to accompany the Spanish application) will be available soon. It is very important that you do not fill out this PDF and return to the Office of Early Childhood or our vendor supporting the Stabilization Grants, MetrixIQ. The only application that will be accepted is the online application that will be emailed to child care providers on January 21. This PDF should only be used to help you gather the necessary information you need to complete the online application. Some minor changes may occur in the application before January 21. Please be sure to read and submit the online application carefully. The online application will require you to fill in some questions, while other questions will be pre-populated and you will be asked to ensure the information is accurate. We will continue to share information and instructions with you prior to the official application opening on January 21st. We will also share additional Subscribe Past Issues Translate information about technical assistance opportunities, including webinars, where you can get additional assistance with the application. If you have questions about the application at this time, please reach out to our grant administration partner, MetrixIQ, at coecstimulus@metrixiq.com. We also recommend you add this email address to your “safe sender” list to ensure you do not miss future communications related to these grants. Thank you again for all that you do to support children and families in Colorado. We are very excited to support our provider community with these grants. Forward Share Tweet Copyright © 2022 Colorado Office of Early Childhood, All rights reserved. Want to change how you receive these emails? You can update your preferences or unsubscribe from this list Subscribe Past Issues Translate ATTACHMENT B – GRANT AWARD INFORMATION From: Colorado Early Childhood Stimulus Grants <coecstimulus@metrixiq.com> Sent: Friday, February 11, 2022 2:45 PM To: Joshua Auten <jauten@avon.org> Subject: Congraulations! Approved for Child Care Operations Stabilization and Workforce Sustainability Grants Hello, Congratulations! You have been approved for the Child Care Operations Stabilization and Workforce Sustainability Grants. Please read this email carefully as it contains important information about your grant award. Your location, License # 10468 at 850 W Beaver Creek Blvd, has been approved for a total grant award of $52,789 to be paid in 9 equal installments. This means that each month you can expect to receive $5,866. You can expect to receive your first payment on or before February 28, 2022. Please see the table at the bottom of this email for a breakdown of the grant funding you will receive. The Catalog of Federal Domestic Assistance (CFDA) number for this funding is 93.575, Child Care and Development Block Grant. Over the next 9 months, you will be required to complete monthly reporting and attestations about your use of the grant funds in order to receive your next payment. These must be completed by the 15th of each month. Your monthly reporting will begin on March 1, 2022. To review allowable uses of funds for this grant and the difference between the Workforce and Operations grants here. Now that you have been accepted into the Child Care Stimulus Grants Program, your home base for everything related to the program will be the MetrixEnroll Portal. All monthly reporting requirements, award details, additional support resources and upcoming grant opportunities will live within the MetrixEnroll Portal. More information about how to access MetrixEnroll and how to complete your monthly reporting will be sent to you no later than February 25, 2022. If you have questions about your grant award, you can email us at coecstimulus@metrixiq.com or call us at 720-305-9040. Thanks so much, The CDHS Stimulus Grants Team coecstimulus.com License Number: 10468 Total Grant Award: $52,789 Total Workforce Grant Award: $10,401 Total Operations Grant Award: $42,388 Total Monthly Award: $5,866 Monthly Workforce Award: $1,156 Monthly Operations Award: $4,710 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 1 of 14 Town of Avon 2022 Department Goals INTRODUCTION: This document presents specific tasks and projects to be completed, or substantially completed, during 2022. The 2022 Department Goals replaces the former Strategic Plan with regard to identifying specific projects to be completed during the calendar year as well as clarifies the Department responsible for performing the tasks. Quarterly updates will be provided to Council at which time Council members may discuss the 2022 Department Goals and provide direction on revisions, additions, deletions, and changes in priority. The 2022 Department Goals provides a foundation for organizing and scheduling Staff work as well as scheduling reports, work session and action items for Council meetings. Within each Department goals are identified as Tier 1 (first priority) and Tier 2 (dependent on available resources). GENERAL GOVERNMENT TIER 1 1. Create a ‘Work for the Town’ Video: The Town is hiring many new colleagues and staff identified a desire to create a video “what is it like to work for the Town of Avon” for the job listings page. Staff is preparing a script and a list of required footage to create this video in Q1 . Nearly all video is complete and High Five Media is in the editing process. This may require several more weeks due to staffing changes at High Five Media, but we expect the video to be live by the end of May. 2. Create & Conduct a Neighborhood Survey or Business Survey: A Wildridge Neighborhood survey was conducted in 2020, a town wide Community Survey was conducted in 2021. In 2022 we plan to focus on a business owners survey to solicit input on Town services and pending policy questions. Staff is preparing a draft list of questions for a Business Survey and hopes to go live with survey questions prior to Memorial Day week-end. 3. Conduct Long Range Avon Vision Process to Replace Former Strategic Plan: A vision document will be created that describes how the Avon community desires to see Avon in 10 to 20 years along with strategic policies to achieve this vision. Staff hopes to present an outline for this process as well as initial data on Avon’s current demographics and development and existing approved development plans by late summer. Staff intends to present a fairly well-defined process with background information before the November election of new Council members to facilitate the next Council’s ability to proceed with a long range visioning process. 4. Review Marketing Strategies and Goals: In 2021 the Town launched a brand new discoveravon.org website. Council expressed concerns about ‘Town capacity’ and not attracting more visitors to Avon during the winter & summer months through marketing. In 2022 staff will reflect on the analytics of the discoveravon.com website and host a Council work session to review and 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 2 of 14 discuss marketing strategies and goals for 2022 and beyond . Completed in work session in January. 5. Create and roll out an E-Bike Incentive Program: Council approved an E-Bike Incentive Program in the fall of 2021. Staff is preparing a variety of promotional efforts to get the word out. The goal is to incentivize approximately 125-250 new or used e-bike purchases in the first year and then review performance, functionality and usage with Council in the fall of 2022. Staff has implemented an E- Bike rebate program. Staff will provide a report in late May or June on the status of this rebate program. 6. Implement Department Re-Organization as Approved by the Town Council: Council approved the consolidation of Town departments in the fall of 2021. HR will work on the recruitment of the public works director. General Government will assist with the implementation of the consolidated Public Works department comprising the former departments of fleet, mobility, engineering & facilities and public operations (formerly public works). Phase II of Consolidation was approved by Council at its April 12, 2022 Council meeting. The Public Works Director position is actively posted and marketed. Interviews of candidates are expected to begin in May. 7. Expand the Art Around Avon Program: Avon launched the “Art Around Avon” program in June 2021. Staff solicited 9 artists to create outdoor art works that are displayed in various locations in Avon for a year and then would be replaced each year with new artwork. Staff plans to continue the program and expand it by up to 20 pieces by the end of 2023. Staff has secured a license agreement for locations on Hoffman Commercial properties and successfully posted a call for artist proposals. A citizen review committee is now reviewing the artist submissions. Installation of art pieces is expected in late May and early June. 8. Promote Recycling for Multi-Family and Accommodations Buildings in the Town Core: The West Town Center area has the highest concentration of multi-family and accommodations buildings. Staff will develop a contact list, determine existing practices, organize open house meetings with the building managers, and identify opportunities to promote recycling for these properties. Staff expects to update the existing information on recycling for Multi-Family and Accommodation buildings in Town Core during the 2nd Quarter. An overview of Climate Action strategies and activities will be presented to Council at the May 10th Council meeting. 9. Research Net Zero Communities: Avon endorses the Net Zero Mountain Town 2030 goals of reducing community greenhouse gas emissions to a “net zero” level. This goal involves researching and presenting the actions, economy and lifestyle of communities that have achieved net zero greenhouse gas emissions. Staff expects to update existing information during the second quarter and plans to present information in the 3rd Quarter. 10. 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. Staff adopted an internal Idling Policy as requested by Council. Staff is preparing materials for education this fall and is gathering examples of Idling regulations from other jurisdictions. 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 3 of 14 11. Analyze a Recycling Ordinance: Research recycling ordinances from other communities, prepare recycling ordinance with options, stakeholder involvement plan and implementation for Council consideration. Staff is researching recycling Ordinances from peer communities and is scheduled to present an initial work session in May. 12. Analyze all Climate Action Organizations: Create a list of our existing relationships and subscriptions to climate action related organizations and evaluate benefit of those relat ionships. Staff is compiling this information and will present at the May 10 Council meeting as part of the Climate Action strategies overview. 13. Develop Avon Recall Ordinance: Prepare a draft ordinance to local implement recall procedures and requirements. First Reading of an Ordinance will be presented to Council in June. TIER 2 14. Comcast Franchise Renewal: The current Comcast Franchise Agreement expires at the end of 2022. A cable franchise agreement renewal process typically requires a year. The goal is to review the process in Q1 and conduct the majority of the renewal process by Q3 2022. This work is on hold. The existing Franchise Agreement automatically extends with the current terms under the federal Telecommunications Act. 15. Update Procurement Code: The existing Procurement Code was adopted in 2010. Staff has a working draft of a revised and updated Procurement Code to present to Council at the end of February. Adoption of the revised Procurement Code would occur by Resolution . Staff plans to bring an updated Procurement Code to Council in the 3rd or 4th Quarter. 16. Trademark Logos and Names: Identify various logos, marks, event names and tag lines used for Avon’s brand and file appropriate action to trademark and protect this branding and marketing intellectual property. Staff hopes to proceed with protecting logos and names by the 3rd or 4th Quarter of 2022. 17. Research Community Engagement Platforms: Council approved the “Bang the Table” Community Engagement Platform in fall of 2020. Staff has made the decision to transition Engage Avon content back to the Town of Avon municipal website at the end of 2021 due to the lack of community engagement and platform difficulties/limitations. In 2022, Staff will research different platforms with a focus on ease of registration and formatting flexibility. Staff hopes to identify appropriate options for a community engagement platform in the 3rd Quarter in order to include with the 2023 budget. 18. Analyze strategies to fill Empty Storefronts in Avon Town Core: Research, present and develop strategies to fill empty commercial spaces in the Avon Town Core. Staff hopes to initially address this topic at the June Council retreat. FINANCE TIER 1 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 4 of 14 1. Oversee EPS Financial Analysis updates: In 2018 EPS prepared a study for the Town - a Peer Community Comparison of Revenues, Budgets and Services and Assessment of Real Estate Transfer Tax Impacts. The Town has entered into a contract with EPS to update the information in the 2018 Study to continue to inform staff, elected officials, and interested residents on Avon’s revenue, tax, and fee levels compared to other areas. 2. Continue to review and revise accounting procedures and internal controls to best utilize the functionality and efficiencies of the Tyler Incode ERP system: In 2021, the Finance Department implemented a comprehensive ERP system that included modules for general ledger and funding accounting, cashiering, purchasing, accounts payable, accounts receivable, personnel management, payroll administration, fixed assets, project accounting, bank reconciliations, and position budgeting. The implementation was intense and left little time for anything but the implementation itself. In 2022, the Finance Department staff will review and revise its policies and procedures to document the functionality and controls that it now has with the ERP system. 3. Continue to collaborate with other Departments to establish best practice use of Incode: Finance Department staff will be holding training sessions with certain users of the Incode software to ensure that they are adequately trained on the software and on Town procedures. The first such training will be on purchasing and procurement. 4. Implementation of Town-wide Executime timekeeping software: Implementation of a new Tyler Executime timekeeping system has already begun. The new system ties directly into the Incode ERP and will eliminate many of the issues that users have had with our old Kronos system that was complicated, unintuitive and cumbersome. 5. Implementation of Short-term Rental Tax: Implementation of the Town's recently adopted 2% short-term rental tax has already taken place. As soon as the ballots were counted and staff was notified that the question passed, communications went out to the short -term rental licensees along with the Online Travel Companies to inform them of the effective date of the tax. In addition, Town staff worked with MuniRevs to revise our online forms and their back-office accounting to receipt-in and track those remittances as they come in and to deposit them in the Town's Community Housing Fund. 6. Refresh of production Storage Area Network appliances: Town current has two Storage Area Network (SAN) appliance that were purchase in 2016. All production data is saved on these two appliances. The appliances reside in separate locations and are configured to replicate data between themselves. Replication is key to the Town’s disaster recovery plan. The SAN appliances End of Support was December of 2021. The replacement appliances have improved performance and provides the additional dataspace for the Town’s future needs. 7. Implement Microsoft Teams replacing Skype for Business: 2020 Microsoft announced that cloud version of Skype for Businesses end of life was July 2021. Although Microsoft was going to continue to support hosted version, support would be ending soon. In 2021, to help with working remotely and holding web conferencing the town implemented Teams conferencing. In addition, the Town’s Skype for Business that was implemented in 2016 was d ue to be refreshed in 2022. Therefore, the next step is to migrate to full version of Teams. 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 5 of 14 8. Refresh seven network switches: This is standard replacement cycle of system network switches. Life cycle of network switch is between 4 and 7 years depending on model and environment. 9. Research and Support Consideration of Use Tax and Marijuana Tax: Council expressed interest in researching and considering both a Use Tax and Marijuana Tax for potential referral to the November, 2022 general election. 10. Analyze RETT exemptions & Revenues: Prepare an analysis on RETT exemptions and RETT revenues for the next decade. TIER 2 11. Implement Broadband improvements as directed by Council: The Broadband planning project was primarily completed at the end of 2021. The remaining task is presentation of a report by HR Green to the Avon Town Council. Based on the Council's feedback and direction, the 2022 workplan for this item will be updated. HUMAN RESOURCES TIER 1 1. Implement Human Resources Information System (HRIS): Working closely with Finance and IT, complete the identification and purchase of an HRIS system. Then, complete implementation. 2. Assist with Recruiting New Public Works Director: Work with Town Manager to identify, recruit, hire and onboard a Public Works Director. 3. Conduct Biennial Comparator Salary Survey: This will include gathering primary research from comparator communities, districts and agencies, analyzing the data, setting out changes in pay ranges, and implement corresponding pay increases on schedule. 4. Implement Public Service Training: Identify and engage a trainer, develop and adopt uniform standards, expectations and skills for all Town employee interactions with the public, and deliver training to all fulltime employees. Develop a Train the Trainer for Rec and Mobility to include this content in onboarding for seasonal or part-time employees. 5. Implement High Quality Leadership Training: Identify and engage training sources to deliver impactful training ranging from Supervision 101 to Leadership Development via ICMA. Deliver this training for all directors, managers, superintendents and supervisors. 6. Update ADA Coordinator Resolution. Update the 1993 Resolution which sets forth designation and duties of the ADA Coordinator and present the Resolution to Council. 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 6 of 14 COMMUNITY DEVELOPMENT TIER 1 1. Establish a Climate Action Investment Matrix: Avon appropriates and invests funds every year to implement greenhouse gas reduction and advance climate action goals. Establishment of an investment matrix is a carry-over project from 2020. The intent is to summarize various climate action projects, the financial investment for each project, the reduction of greenhouse gas and then provide a comparison of return on investment for various projects. Draft matrix has been updated based upon input from various department directors and contributors. Scheduled for May 10 Work Session. 2. Refine SmartGov Online Permit Software: The new permit and planning application software went ‘live’ April 2021. Now it is time to optimizing the software and workflow processes in place. Community Development will be assisting Public Works with creating a Right-of-Way process through Smartgov to streamline that permit process for continuity. Progress has been made with contractor and parcel uploads. Right-of-Way permit template has been created and will go live once Public Works staff can receive training. 3. Adopt 2021 International Building Codes: The Town of Avon currently administers the 2015 International Building Codes (Building, Residential, Energy Conservation, Plumbing, Fuel Gas, Mechanical, Fire Code, Property Maintenance, Wildland-Urban Interface) and 2020 National Electric Code. In coordination with our neighboring entities, adoption of the updated 2021 International Building Codes is being pursued. Staff will bring this to th e Town Council with adoption by Ordinance, with local exception considerations. This will take action by Ordinance with the Town Council. The regional building officials continue to meet and gather information on code changes and local exceptions. This will likely be brought to Council in the 4th Quarter. 4. Standardize Referral Process for Village (at Avon) Development Review: The PUD Guide and Development Agreement for the Village (at Avon) requires a referral and comment-only process with the Planning and Zoning Commission. Now that development is picking up in the Village (at Avon) Subdivision, Staff is finding that there may be efficiencies to made with the timing and manner with which referrals are administered. Internal department referrals and PZC referrals earlier in the design process will benefit all future projects. Planning Director Matt Pielsticker has assumed Design Review Board membership for the Village (at Avon) and that will further advance this important coordination effort. No progress. 5. Advance Community Housing Projects (Swift Gulch, other opportunities): In addition to contract management for design services, the Community Development Department will take a leadership role with entitlements, negotiations, and coordination with other stakeholders. Full design contract was approved by Town Council in March. Soils testing results will be available in May. RFP for pre-construction services is advertised, with a closing set for April 22, 2022. After reviewing proposals, a contract will be brought to Town Council in May or June for 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 7 of 14 contractor services. Financing strategies are being developed with Finance Director and Town Manager. 6. Implement New Records Retention Process for Paperless Files: With the implementation of new permit and planning software comes the challenge of records retention and constructing land use record files at the conclusion of projects and permits. The goal of this effort is to standardize a process that captures relevant application and permit information into the Town’s reco rd keeping software for safe keeping and future inspection. No progress. 7. June Creek Road Emergency Egress: Community Development will continue to lead Town’s efforts to coordinate with the Berry Creek Metropolitan District, Eagle River Fire Protection District, Eagle County Emergency Management, United States Forest Service, and adjacent landowners to explore a formal established emergency vehicle access from Singletree and June Creek Point. Conceptual design for improvements limited to Berry Creek Metro District (BCMD) property have been completed. Staff has conducted two pre-applications with Eagle County Engineering and Planning Staff to understand full requirements of Location Character and Extent (LCE) process. Results from those meetings have been incorporated into a draft application. Staff met with the and Singletree Property Owners association in the 1st Quarter to gain input. Support has been received from ERFPD. Meetings with Colorado Parks and Wildlife and Forest Service have discovered gaps in property records information. Staff will attend the May 24, 2022 BCMD board meeting to obtain formal authorization to proceed into LCE process with Eagle County. 8. Dark Sky Ordinance: The Town of Avon has implemented the Avon Outdoor Lighting Ordinance since 2004. The regulations limit exterior light fixtures over 1,000 lumen output to a “full cutoff” design. The current Ordinance lacks substantive qualitative measures (i.e. foot candle limit for canopy lighting versus parking lot lighting) and any consideration to the potential affects of interior lighting on adjacent properties. Options will be vetted with PZC before being brought through the adoption process with Town Council by Ordinance. No progress. Staff continues to follow up on lighting complaints and enforcement of current Ordinance in place. 9. Emergency Notification Planning: Community Development will present the results of further study of an expanded emergency notification system for Mountain Star, Wildwood and Wildridge communities. Implementation of the system will be pursued if community support is received. In March the Town Council authorized moving forward with budgeting and proceeding with public hearing process. Siren layout plan was modified based upon PZC work session input and Mountain Star consultation. Following public notification, PZC held a public hearing on April 19, 2022 and provided a recommendation for approval. Town Council will review the application on May. 10. Marijuana Licensing: Direction to pursue the potential licensing and regulation of retail marijuana in Avon was received in Fall 2021. Further information will be presented to PZC and Town Council, leading to a possible ballot measure in November. Community Development will lead the zoning, distancing requirements, and development review considerations for these types of uses. A Work Session is scheduled for review on May 10, 2022 with Town Council. 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 8 of 14 TIER 2 11. 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. A Request For Qualifications (RFQ) was posted to Bidnet and is currently active. In the meantime, the Town Council has reviewed a request to accommodate the Prater Lane use with these plans over the course of two work sessions. Submittals in response to the RFQ are due on May 6, 2022. 12. Collect Residential Sales Data: Currently, approximately 50% of residences in Avon are occupied by full-time residents as their primary residence. The Avon Community Housing Plan states the goal to preserve this ratio of at least 50% primary residence occupancy of residential properties. In order to monitor and track compliance with this goal, residential sales data should be collected each year to determine the loss or gain in primary residence occupancy as well as to track real estate prices in relationship to affordable and accessible housing. No progress, however, sales data back to 2016 has been evaluated as part of the Short Term Rental (STR) analysis underway and will be used for the basis of this research. 13. Wildridge Covenants: Review Wildridge Covenants with Council and explore options. No progress. RECREATION TIER 1 1. Create Recreation Work Plans: A work plan will be created for each Recreation Division: Aquatics, Community Swim Program, Guest Services, Programs, and Fitness. These goals will focus on bringing the Recreation Department closer to industry “best” practices and standards. The work plans will include seasonal guidance for recreation facilities in Harry A. Nottingham Park. Work plans will be created in the first quarter of 2022. All work plans are in the final stages and are being reviewed by Recreation Department staff. These plans will continue to be updated on a yearly basis to ensure quality succession planning for the Recreation Department. 2. Conduct a Recreation Department Patron Survey: The survey will help guide staff on adjustments made to operations, programming and facility equipment and amenities. This survey will be crea ted in January/February and released to the Recreation Department patrons for completion March/April. The survey was developed from January-March and has been reviewed by the Health and Recreation Committee. The survey collection period is from April 8 – May 13. Results will be analyzed and shared at the May 17 Health and Recreation Committee meeting. A work session to review the survey results is tentatively scheduled for the June 14 Town Council meeting. 3. Update Whitewater Park Signage: New signage for Avon’s Whitewater Park will include updated activity information be revised according to Town brand standards. Sign proofs will be developed in 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 9 of 14 the winter and installed by May 1. Refer signs to Planning and Zoning Commission. Sign draft requests have been sent to Fine Signs of Colorado to provide a proof. Once received back, signs will be approved by the Planning and Zoning Commission, sent to production and installed as soon as they arrive. 4. Assist with Improvements to Pocket Parks and Harry A. Nottingham Park: Staff will comment and advise on the implementation of general improvements in all park facilities in the Town as discussed with Council in 2021. Staff have met with the Public Works Department to provide suggestions for improvements to the Town’s three pocket parks and Harry A. Nottingham Park. Staff are using the documents from the October 2021 work session to guide improvements. Harry A. Nottingham Park potential projects for Spring/Summer 2022 include: replacing the sand at the beach, replacing the fence by the sand volleyball courts and improving landscaping on the south side of the lake. 5. Expand Youth and Adult Programming (Teens and Seniors) and Rebuild Summer Youth Camps: Staff will continue to rebuild and expand youth and adult programming throughout the year with the additions of recreational opportunities in each of our Program Cycles: Winter/Spring (Jan - Apr), Summer (May-Aug) and Fall/Winter (Sep-Dec). Consider adding tennis and pickleball programs for kids. Tiered priority registration, for Avon and Eagle County residents, was implemented for Summer Youth Camps for the first time this Spring. Summer Camp days are currently capped at thirty participants per day until additional part-time staff are hired. The addition of Senior programming includes water and land-based aerobics. The department has also partnered with Eagle County Healthy Aging to offer a group exercise class for patrons age 60 and up. Recreation Programs Division staff offered four Teen specific programs between January – April: Pizza & Plunge, Futsal Spectacular, Gym & Swim and Movie & Popcorn. Unfortunately, all teen events were cancelled due to lack of interest. The Recreation Programs division has met with Mountain Youth, Vail Valley Foundation and YouthPower365 to continue advertising and partnering efforts to offer programs in the future. Staff continues to be in contact with local youth groups and schools to advertise and gauge interest in what type of programs the Recreation Department should consider offering. 6. Replace Diving Board and Remaining Pedal Boats. Refurbish Water Slide Gel Coat and Fiberglass: Staff will work with the Finance Department to ensure all projects and equipment are accounted for in the Equipment Replacement fund. The Pedal boats will be replaced prior to the summer and the diving board replacement and water slide refurbishment will be completed during an Aquatics area shutdown in the spring or fall. The Capital Equipment Replacement Fund (CERF) for the Recreation Department has been audited with the Finance Department. The recreation center diving board broke on April 5. A new board has been ordered and will be replaced immediately. The diving board platform, which is anchored into the concrete, will be replaced in October when the pool area is shut down for maintenance. Quotes have been obtained from three aquatics restoration companies to resurface the water slide. Additional funding is being requested to complete this project in October 2022. Pedal Boat inventory will be audited, updated on the CERF and sold online via the Public Surplus website. 7. Implement Spanish Language in all Recreation Department Materials: All staff will be encouraged to learn to communicate in Spanish. All print and digital materials will be created in both 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 10 of 14 English and Spanish. Department staff are working closely with the Marketing and Communications Manager to ensure all advertisements are within branding guidelines and are translated accurately for public consumption. This practice will continue through the year and become an expectation of the Recreation Department moving forward. 8. Review Facility Operations to Advance Town’s Climate Action Goals: Add automatic faucets to all sinks, implement composting plan for staff and birthday parties/events held at the recreation center, understand energy consumption and greenhouse gas emissions and propose policies to reduce emissions. Introductory meetings have been setup with the Sustainability Coordinator, Facilities Superintendent and Recreation Department staff to identify areas of improvement within the department and its facilities. Composting is available for staff at the recreation center but has yet to be added to the birthday party/event policies and procedures; birthday parties have been suspended due to staff shortages since late February. Recycling and composting receptacles have been added to Avon Elementary School for use during Recreation Department programs. POLICE TIER 1 1. Train and Implement Intern in Winter Parking Operations: The Police Department started this intern recruitment process in January 2020. We will provide a professional learning environment for our intern to complete the final semester of her criminal justice bachelor’s degree in North Carolina. We will also train her to be able to provide parking management/ enforcement as part of her time here. Additionally, we will actively try to recruit her for one of our open police officer positions. 2. Implement Bola Wrap Less Lethal Restraint Equipment: The Police Department implemented a pilot Bola Wrap less lethal tool program in 2021. In line, with our objective to cherish the sanctity all human life, we will transition from the 100 model to the 150 Bola Wrap model in 2022 after completing updated operator Bola Wrap training. We are the only agency thus far in Eagle County to adopt and implement this less lethal tool. 3. Assist with Wildland Fire Emergency Siren System: The Police Department has been working in concert with the Engineering and Community Development departments on this life saving project. We await a prototype of the Sentry Siren High Power Speaker Arrays (HPSA) warning speaker box, to evaluate as a complimentary alternative to the more traditional siren in some locations across our mountain communities of Wildridge, Wildwood and Mountain Star. When we get a demonstration of the sound speaker, we will make a final evaluation as to the numbers of sirens and/ or speakers, access to power to one or both, to provide the best safety siren alerting coverage for our communities. 4. Transition Police Vehicles to Hybrid Vehicles: The Police Department has embraced our Town wide climate action goals, through building design, energy efficient lighting, increased recycling and furthering those goals through transition to more fuel efficient and less carbon emitting police service 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 11 of 14 vehicles. The Department currently has four hybrid Ford Police Interceptors in service with a further one Interceptor and two Hybrid Ford F-150’s (with the same fuel performance as the Interceptors) arriving in 2022. We will transition the remainder of the fleet as current fleet vehicles come up for scheduled replacement. PUBLIC WORKS >> ENGINEERING & FACILITIES TIER 1 1. Implement Capital Projects: The Engineering Department manages the design and construction of the Town’s Capital Improvement Program (CIP). 2. GIS Implementation: Drainage, Streetlights, Irrigation: The Town is implementing a new geographic information system that will combine infrastructure data with mapping. The system will enhance tracking of maintenance activities and asset management. 3. Nottingham Road Drainage Improvements: The Town has experienced periodic flood events on Nottingham Road that close Nottingham Road, Interstate 70 and damage several downstream developments. The Town is evaluating rainfall events and climate change to develop improvements that will reduce downstream flooding. 4. Improvement Preventive Maintenance Program: The Engineering team will work with Public Operations to develop a new preventive maintenance program. 5. Develop Complete Inventory of Public Assets: A complete inventory of public facilities and capital improvement assets will be finalized and presented to Council for adoption. The inventory will identify the useful life of the asset, remaining useful life before maintenance or replacement, and the estimated cost of maintenance and replacement. A 20-25 year timeframe will be used for this public asset inventory which will better inform the long term capital improvement needs of the Town. 6. Research Grading and Building Permit Requirements for Large Sites: Research and propose revisions to grading and building permit requirements for large scale development projects to protect the Town against stalled or failed construction projects. PUBLIC WORKS >> PUBLIC OPERATIONS TIER 1 1. Draft, present and adopt a “Level of Service” document for Parks, Landscaping , Snow Storage, Streetscaping, and Trails”: Public Operations will work with the Engineering department on level of service on New projects and will work with the Parks’ Supervisor and Master Gardener’s on current Landscape beds to create a level of service. 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 12 of 14 2. Pedestrian Safety on the bridge between Liftview and Sunridge: Analyze the existing ice damming issues in this area and propose solutions for improvements to the guard railing and drainage to minimize ice damming . 3. Richardson Ground Squirrel Control: Research and implement methods to eradicate Richardson Ground Squirrel use more lethal legal options. 4. Irrigation Overhaul and Replacement at Harry A. Nottingham Park: Audit irrigation system, design, new system, develop cost estimates and implement in 2023. 5. Culvert Maintenance, to clean 100%: Vactor Truck will be ordered now in January and should expect delivery in May or June, once truck arrives, that maintenance will start immediately. 6. Replace Current Sand at Harry A. Nottingham beach: Order sand late March or April, depending on weather. Will remove current sand soon as weather allows and replace prior to Memorial weekend. 7. Replace Split Rail Fence at Harry A. Nottingham Park: Order material end of March and install soon as weather allows, goal is to have completed by June 31, 2022. 8. Climate Action Strategies: Research conversion of gas equipment and mowers with electric versions, including but not limited to blowers, weed-trimmers, and mowers. TIER 2 9. Design and Install Plantings on South Side of Dam: Will work with engineering to see what type of trees and plants can be planted and design and install in-house with our Master Gardener and Arborist staff members. 10. Conduct Small Scale Bio-Char Pilot Program: Research Bio-Char soil amendments this winter with high emphasis on safety measures, research bio-char production and application. Implement program mid to end of summer. 11. Implement Landscape Plan for Recreation Center: A landscape plan will be developed in-house with Public Operations for spring or summer implementation. Staff will work directly with the Town’s Arborist and Master Gardener to determine feasible and affordable improvements. 12. Demonstration Gardens: Design and install 1 or more gardens. (this will likely be constructed in 2023) 13. Noxious Weed Enforcement: Enforce Avon’s Ordinance of Noxious Weeds,. PUBLIC WORKS >> MOBILITY TIER 1 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 13 of 14 1. Support the Regional Transit Authority Formation Effort: Staff will continue to support efforts to enhance regional transit service in 2022. The goal is to bring a Regional Transit Authority ballot question in the Fall of 2022. 2. Present Comprehensive Parking Plan with the Option for a Paid Parking Program: Council provided feedback on public parking in the Town core on Nov 9, 2021. Staff will continue to work with Council, create Avon’s Parking Management Plan, and present plans for implementation of paid parking for such time as when Council deems paid parking is appropriate. 3. Oversee the Design and Construction of US6 Mobility Improvement Project: In 2021, Staff resolved pedestrian crossings concerns on US6 with CDOT and garnered $2.2M from CDOT and Eagle County for implementation. Staff will continue to manage the design and construction of the US6 Mobility Improvement project. 4. Partner with Stakeholders on a Regional E-bikeshare Program: 2021 partnership with Vail to garner grant funds for a regional e-bikeshare program did not succeed. Staff will continue to work with Vail and other local stakeholders on a regional e-bikeshare program. There is $50,000 in the 2022 budget for a bikeshare program. 5. Implement Electric Buses into the Avon Transit Fleet: Staff will continue to oversee the acquisition and establishment of two new electric buses into Avon’s Transit Fleet, including required electrical upgrades and determining appropriate routes and schedul es for use of electric busses. 6. Tennessee Pass Railroad Project: In 2021, the Surface Transportation Board (STB) denied Colorado Midland and Pacific Rail Company’s (CMPC) request to operate train service through the expedited Class Exemption process due to the complexity of their proposal and the required environmental impact review. Staff will continue to monitor any proposed activities for the Tennessee Pass Railroad. 7. Avon Road Multimodal Operations Evaluation: The network of 5 Roundabouts on Avon Rd has multimodal operations concerns. Pedestrian safety is paramount. Staff will evaluate the multimodal operations on Avon Road and overall design to determine potential improvements and reconfigurations. PUBLIC WORKS >> FLEET TIER 1 1. Balance Expenses with Revenues by End of 2022: Staff will continue efforts to balance operational revenues with expenses in the Fleet Department and will establish a plan to achieve break-even financial status by the end of 2022 (i.e. for the 2023 budget). Fleet has put in place a way to track operational revenues and also track technician billables and accountability. With this information we can formulate a set goal to make this achievable from here on out. 1st Quarter Update 2022 Department Work Plan Adopted February 22, 2022 Page 14 of 14 2. Implement Vehicle Acquisition Procedure that Requires Consideration of Greenhouse Gas Generation: Fleet will implement vehicle purchasing procedures to require analysis of green house gas emissions and Town reduction goals for all vehicle purchases. This is a work in progress, have two electric F150’s in the works, waiting to hear back from Dodge on hybrid trucks, and waiting VW to bring an ID.4 demo to the town – hoping to hear back from them this month. Have not ran any greenhouse emissions reports yet. Submitted a requisition to order 2 Toyota Highlander hybrids last month, and completed the Greenhouse Gas Matrix. Meeting with Charlette next month to discuss further. 3. Prepare 5 Year Plan for Vehicle Replacement that Prioritizes Reduction of Greenhouse Gas Emissions: Fleet will also work with other Departments about their needs, and accommodate this into the new vehicle acquisition procedure. Fleet will also work with other departments about their needs, and accommodate this into the new vehicle acquisition procedure. This goes hand in hand with #2, we have been having meetings with all departments about their needs for this year as well as next year. Still need to come up with a plan further than one year out. 4. Eliminate Obsolete Inventory: Fleet will evaluate all inventory, and purge what is not necessary, no longer needed or obsolete. This inventory will either be returned to vendors, sold to customers, or auctioned off. Fleet will use best efforts to sell or donate all surplus and avoid sending materials to the land fill. This was on hold until the ski season is over, and once we hire a parts specialist – they can also assist with this task. Parts Specialist has been hired! Working on training, once he is up to speed this goal will be put into action. This task will begin next month. 5. Inventory/Repair/Replace All Shop Equipment: Fleet crew will take an inventory of all shop equipment. We will then analyze which all equipment needs to be repaired/replaced and list in order of priority. Fleet crew will take an inventory of all shop equipment. We will then analyze which all equipment needs to be repaired/replaced and list in order of priority. No action yet on this, the first step is to get the inventory list together, waiting until we are out of the busy winter season. Now that we are fully staffed, we were waiting for the ski slopes to close before we begin this process. This task will begin next month. 6. Implement Incentive Compensation for Mechanics: Fleet will put together a process for tracking the technicians’ billable hours, then create some form of compensation to create and inventive to improve productivity. Fleet will put together a process for tracking the technicians billable hours, then create some form of compensation to create an incentive to improve productivity. Work in progress, found the proper way to run the billable hours reports, and created a spreadsheet to track this. Continuing on fine tuning the spreadsheet, and still need to discuss with Eric/Finance the details of how we plan to compensa te for achieving billable hours. Work in progress, just need to create a final plan. 970.748.4013 idejong@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Emily Myler, General Government Intern RE: İMi Casa Avon! Program Q1 Update DATE: April 26, 2022 SUMMARY: This report provides an update on the ¡Mi Casa Avon! program. BACKGROUND: Putting home ownership within reach of more Avon residents has been a priority for the Avon Town Council and the deed restricted housing program, ¡Mi Casa Avon!, was approved by the Avon Town Council in the spring of 2020 and launched in June. REVIEW OF PROGAM: In 2020, the Town approved eight applications and in 2021 it approved 13. Since January 2022, the Town has approved six applications, all of which are closed. Averages have remained fairly stable from the last report in October 2021: • Average square footage decreased from 1,218 to 1,114 • Average bedrooms decreased from 2.3 to 2 • Average sales price increased from $523,742 to $528,417 • Average Mi Casa payment decreased from $63,405 to $63,282 • Average percent remained the same • Average price per square foot increased from $468 to $523 The total numbers are below: Page 2 of 3 # Year Type Sq Ft Bed roo ms Neighborhood Sales Price Mi Casa $ % Price per Sq Ft 1 08/20 Condo 935 2 Wildridge $399,000 $47,880 12.0% $427 Sq Ft 2 09/20 Multi-family 1,987 4 Wildridge $645,000 $75,000 11.6% $325 Sq Ft 3 10/20 Townhome 2,027 3 Wildridge $630,000 $75,000 11.9% $311 Sq Ft 4 10/20 Townhome 1,337 3 Avon Center $480,000 $57,600 12.0% $359 Sq Ft 5 10/20 Condo 552 1 Avon Center $288,000 $34,560 12.0% $522 Sq Ft 6 10/20 Condo 840 2 Avon Center $431,000 $51,720 12.0% $513 Sq Ft 7 10/20 Townhome 2,063 3 Wildridge $675,000 $75,000 11.1% $327 Sq Ft 8 11/20 Condo 768 2 Avon West $400,000 $48,000 12.0% $521 Sq Ft 9 03/21 Condo 768 2 Avon West $430,000 $51,600 12.0% $560 Sq Ft 10 03/21 Condo 768 2 Avon West $370,000 $44,400 12.0% $482 Sq Ft 11 05/21 Townhome 1770 3 Wildridge $695,000 $83,400 12.0% $393 Sq Ft 12 06/21 Condo 1019 2 Avon Center $449,000 $53,880 12.0% $441 Sq Ft 13 07/21 Condo 935 2 Wildridge $498,000 $59,760 12.0% $533 Sq Ft 14 07/21 Condo 1647 2 Avon Center $645,000 $77,400 12.0% $392 Sq Ft 15 08/21 Townhome 1228 2 Avon Center $750,000 $90,000 12.0% $611 Sq Ft 16 09/21 Townhome 806 1 Wildridge $515,000 $61,800 12.0% $639 Sq Ft 17 09/21 Townhome 1176 3 Wildridge $616,100 $73,932 12.0% $524 Sq Ft 18 10/21 Townhome 2025 3 Wildridge $880,000 $100K 11.4% $435 Sq Ft 19 10/21 Condo 768 2 Avon West $425,000 $51,000 12.0% $553 Sq Ft 20 10/21 Condo 935 2 Wildridge $480,000 $57,600 12.0% $513 Sq Ft 21 11/21 Studio 464 0 Avon West $370,000 $44,400 12.0% $797 Sq Ft 22 1/22 Condo 768 2 Avon West $500,000 $60,000 12.0% $651 Sq Ft 23 1/22 Condo 768 2 Avon West $540,000 $64,800 12.0% $703 Sq Ft 24 1/22 Condo 768 2 Avon West $522,000 $62,640 12.0% $680 Sq Ft 25 2/22 Condo 552 1 Wildridge $390,000 $46,800 12.0% $707 Sq Ft 26 3/22 Townhouse 1,468 3 Wildridge $950,000 $100,000 10.5% $647 Sq Ft 27 4/22 Condo 925 2 Wildridge $520,000 $62,400 12.0% $562 Sq Ft Average 1,114 2 $528,417 $63,282 11.9% $523 Sq Ft Page 3 of 3 FINANCIAL CONSIDERATIONS: The appropriation from the Avon Community Housing Fund approved by Council for 2020 was $650,000 and $900,000 in 2021. Council approved funding in the amount of $1.3 million for the program in 2022. Closed Transactions total $1,708,622 for all time and $396,640 for Q1 2022. The remaining fund balance is $1,438,018 Thank you, Emily Total Funds Closed transactions Pending transactions Funds remaining $1,708,622 $1,708,622 $0 $1,438,018 (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: E-Bike Rebate Report – 6 Months DATE: April 18, 2022 SUMMARY: In November of 2021, the Avon Town Council directed staff to create and launch an E -bike purchase incentive for full-time Avon residents. The goal of the program is to help Avon residents seek alternative ways to run errands, commute to work, reduce carbon emissions, an d get some exercise. The program launched later that month, offering a $200 rebate to full -time Avon residents who purchased an e- bike after November 20, 2021 with a minimum purchase price of $1,000. A $100 rebate is also available on used e-bikes with a minimum purchase price of $500. In December of 2021, the Avon Town Council elected to modify the program to require the e -bike be purchased from a retailer in Eagle County. Purchases made outside of Eagle County between November 20 and December 14, 2021 were grandfathered into the program. In 2021, two rebates were submitted and processed, both for e -bikes purchased outside Eagle County, totaling $400 in rebates. During the first four months of 2022, eight (8) rebates have been submitted. One has been ful ly processed for $200. Five (5) were declined due to e-bikes being purchased outside of Eagle County, and two (2) are awaiting address verification because they were not shipped to an Avon address. Thank you, Elizabeth Wood 1 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, APRIL 19, 2022 1. CALL TO ORDER AND ROLL CALL THE MEETING WAS CALLED TO ORDER AT 5:06PM. A ROLLCALL WAS TAKEN, AND ALL COMMISSIONERS WERE PRESENT. ALSO PRESENT WERE POLICE CHIEF GREG DALY, 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 LANG MOTIONED TO APPROVE THE AGENDA AS PUBLISHED. THE MOTION WAS SECONDED BY COMMISSIONER GOLEMBIEWSKI, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 7-0 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. O’NEAL SPUR POCKET PARK; SADDLERIDGE APARTMENTS; ANNEX; MOUNTAIN STAR WATER TANK MINOR DEVELOPMENT PLAN – PUBLIC HEARING – FOUR (4) NEW SIRENS TO COMPLETE NORTHERN HILLSIDE EMERGENCY NOTIFICATION SYSTEM (POLICE CHIEF GREG DALY AND PLANNING DIRECTOR MATT PIELSTICKER) PUBLIC COMMENTS: NONE. ACTION: COMMISSIONER GOLIMEBIEWSKI MADE A MOTION TO APPROVE THE MINOR DEVELOPMENT PLAN (MNR22009) WITH THE FOLLOWING FINDINGS: 1. THE IMPROVEMENTS ARE DEEMED NEW “DEVELOPMENT” AND QUALIFY FOR PROCESSING AS A MINOR DEVELOPMENT PLAN PURSUANT TO AMC SECTION 7.16.1080; 2. THE APPLICATION IS COMPLETE; 3. SUFFICIENT INFORMATION IS PROVIDED TO DETERMINE THAT THE APPLICATION COMPLIANCE WITH THE RELEVANT REVIEW CRITERIA; 4. THE APPLICATION SUPPORTS AVON COMPREHENSIVE PLAN GOAL G.2.BY IDENTIFYING AND MITIGATING POTENTIAL ENVIRONMENTAL HAZARDS TO PROMOTE THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE NORTHERN HILLSIDE COMMUNITIES; 5. SIRENS ARE CONSIDERED MUNICIPAL FACILITIES AND THEREFORE PERMITTED ON THE SUBJECT PROPERTIES; 6. THE DEVELOPMENT CODE DOES NOT CONTAIN STANDARDS FOR SIREN STRUCTURES, AND THEREFORE ANTENNA AND SATELLITE DISH STANDARDS WERE CONSIDERED IN THE CONTEXT WITH THIS APPLICATION AS THEY ARE SIMILAR IMPROVEMENTS; 7. SCREENING STANDARDS APPLY TO ANTENNAS AND DISHES ACCORDING TO AMC 7.28.060(B), AND ALTERNATE SCREENING IS ACHIEVED BY INCLUDING NATURAL COLORED WOOD UTILITY POLES AND POWDER COATED EARTH TONE COLORS, AND GROUPING NEAR EXISTING BUILDINGS OR FACILITIES; AND 8. INSTALLATION OF EMERGENCY AWARENESS EQUIPMENT PROMOTES AWARENESS OF WILDFIRE AND OTHER SIGNIFICANT EVENTS, WHICH PROMOTES THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY. COMMISSIONER LANIOUS SECONDED THE MOTION AND MOTION PASSED WITH A 7-0 VOTE; 5. 3087 WILDRIDGE ROAD / MAJOR DEVELOPMENT PLAN –PUBLIC HEARING – TWO SINGLE-FAMILY HOMES (SENIOR PLANNER JENA SKINNER AND ARCHITECT BOBBY LADD PUBLIC COMMENTS: LAWRENCE LANE (3083 WILDRIDGE RD). ACTION: COMMISSIONER NUSBAUM MADE A MOTION TO APPROVE THE MAJOR DEVELOPMENT PLAN 2 (MJR22001) WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS 1. THE PROPOSED APPLICATION WAS REVIEWED PURSUANT TO §7.16.080, DEVELOPMENT PLAN, AND THE DESIGN MEETS THE DEVELOPMENT STANDARDS ESTABLISHED IN THE AVON DEVELOPMENT CODE; 2. WITH CONDITIONS, THE APPLICATION IS COMPLETE; 3. THE APPLICATION PROVIDES SUFFICIENT INFORMATION TO ALLOW THE PZC TO DETERMINE THAT THE APPLICATION COMPLIES WITH THE RELEVANT REVIEW CRITERIA; 4. THE APPLICATION COMPLIES WITH THE GOALS AND POLICIES OF THE AVON COMPREHENSIVE PLAN; 5. THE DEMAND FOR PUBLIC SERVICES OR INFRASTRUCTURE EXCEEDING CURRENT CAPACITY IS MITIGATED BY THE APPLICATION; AND 6. THE DESIGN RELATES THE DEVELOPMENT TO THE CHARACTER OF THE SURROUNDING COMMUNITY. CONDITIONS 1. ILCS ARE REQUIRED TO CONFIRM BUILDING HEIGHT. 2. ENGINEERED DESIGNS FOR DRAINAGE MUST BE SUBMITTED AND APPROVED BY STAFF PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR EITHER PROPERTY. 3. ENGINEERED DESIGNS FOR ALL RETAINING WALLS EXCEEDING 4-FEET IN HEIGHT MUST BE SUBMITTED AND APPROVED BY STAFF PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR EITHER PROPERTY. 4. LIGHTS IN THE RECESSED LIGHTING FIXTURES SHALL NOT CREATE A GLARE OR NUISANCE FROM NEIGHBORING PROPERTY OWNERS. LOWER WATTAGES OR DIFFUSERS ARE REQUIRED FOR THESE FIXTURES IF GLARE IS DETECTABLE. 5. ADDED CONDITION: THE APPLICANT SHALL STUDY AND REVISE THE PLAN TO ADDRESS THE VISUAL IMPACTS OF THE RETAINING WALLS ON 3087 WILDRIDGE AS WELL AS ADDITIONAL LANDSCAPING AND / OR ARCHITECTURAL FEATURES TO REDUCE THE VISUAL IMPACT OF THE FOUNDATION WALL ON THE REAR OF 3087. STAFF CAN REVIEW THOSE PLANS FOR APPROVAL. COMMISSIONER LANG SECONDED THE MOTION AND MOTION PASSED WITH A 7-0 VOTE; 6. CONSENT AGENDA 1. APPROVAL OF MINUTES FROM APRIL 5, 2022 PZC MEETING 2. APPROVAL OF RECORD OF DECISION FOR CHAPEL SQUARE SIGN VARIANCE/MINOR SIGN PLAN ACTION: COMMISSIONER MACALLISTER MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER NUSBAUM SECONDED THE MOTION AND THE MOTION PASSED WITH A 5-0 VOTE. COMMISSIONER BARNES AND COMMISSIONER GOLEMBIEWSKI ABSTAINED. 7. STAFF UPDATES 1. SHORT TERM RENTALS UPDATE FROM TOWN COUNCIL MEETING 2. FRONTGATE DEVELOPMENT 8. STAFF APPROVALS 1. 5651 WILDRIDGE RD. LANDSCAPING IMPROVEMENTS (MNR22010) 9. ADJOURN THE MEETING ADJOURNED AT 6:44PM 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, Planner 1+