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TC Packet 07-25-2023_______________________________________________________________________________ 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 TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, July 25, 2023 MEETING BEGINS AT 5:15 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:15 PM 1. CALL TO ORDER AND ROLL CALL 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 be given one (1) additional minute subject to Council approval. 5. BUSINESS ITEMS 5.1. Planning and Zoning Commission Vacancy (Planning Director Matt Pielsticker) 5.2. Resolution 23-11: Housing Guidelines (Senior Planner Jena Skinner) 5.3. Presentation: Wildridge FireWise Accreditation (Hugh Fairfield-Smith, Fire Management Officer for Eagle Valley Wildland) 5.4. First Reading of Ordinance 23-04: Construction Materials Use Tax (Finance Director Scott Wright and Town Manager Eric Heil) 5.5. Resolution 23-15: Approving a Use Tax Agency Fund (Incoming Finance Director Paul Redmond) 5.6. Work Session: Recreation Department update on Status, Activities and Future Planning Work (Recreation Director Michael Labagh) 5.7. Resolution 23-13, Grant Application with the Colorado Department of Local Affairs (DOLA) Energy Impact Assistance Fund (EIAF) for the Main Street LIVE: Livability Investments for Vibrant Economies Program (Eric Heil, Town Manager) 5.8. Resolution 23-14, Grant Application with the Colorado Department of Local Affairs (DOLA) Energy Impact Assistance Fund (EIAF) for the More Housing Now & Land Use Initiative Program (Eric Heil, Town Manager) 5.9. Notice of Award – Task Order 2-2023-02 Public Works Complex Design – Vehicle Storage Facility (Public Works Director Eva Wilson) 5.10. Findings of Fact and Record of Decision Lot 3/Stonebridge Hotel Project (Senior Planner Jena Skinner) 6. WRITTEN REPORTS 6.1. Monthly Financials (Senior Accountant Dean Stockdale) 6.2. Quarterly RETT Report (Accountant I Carly Fackler) 6.3. Quarterly Update to the 2023 Department Goals (Town Manager Eric Heil) 6.4. Quarterly Mi Casa Avon Update (Senior Planner Jena Skinner) 6.5. Draft June 15 Culture, Arts & Special Events Committee Meeting Minutes (Special Events Coordinator Chelsea Van Winkle) 6.6. Planning & Zoning Commission July 5th Abstract (Planner 1+ Max Morgan) 6.7. Planning & Zoning Commission July 18th Abstract (Planner 1+ Max Morgan) _______________________________________________________________________________ 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 TOWN CLERK MIGUEL JAUREGUI CASANUEVA AT 970-748-4001 OR EMAIL MJAUREGUI@AVON.ORG WITH ANY SPECIAL REQUESTS. 6.8. Draft July 18 Health & Recreation Committee Meeting Minutes (Aquatics Superintendent Kacy Carmichael) 6.9. Grant Agreement with State Board of the Great Outdoors Colorado Trust Fund and Town of Avon for the Eaglebend Pocket Park Transformation Project, Contract Number 23010, for a grant in an amount not to exceed $375,000 ** Indicates topic will be discussed at future agenda’s 7. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES 8. ADJOURN Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA TUESDAY, JULY 25, 2023 MEETING BEGINS AT 5:00 PM Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom 1.CALL TO ORDER AND ROLL CALL 2.APPROVAL OF AGENDA 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .] 5.PUBLIC HEARING FOR A NEW BEER AND WINE LIQUOR LICENSE 5.1. APPLICANT NAME: MAVERIK, INC D/B/A MAVERIK, INC #689 LOCATION: 240 WAGON TRAIL ROAD TYPE: BEER AND WINE (CITY) MANAGER: JAMINA PLETT 6.PUBLIC HEARING FOR AN ADDITION OF OPTIONAL PREMISES TO EXISTING H/R LIQUOR LICENSE 6.1. APPLICANT NAME: SKY AND CLOUD, LLC D/B/A EIN PROSIT FINE BEER AND SAUSAGES LOCATION: 82 E. BEAVER CREEK BLVD. SUITE M107 TYPE: ADDITION OF OPTIONAL PREMISE TO EXISTING HOTEL AND RESTAURANT LICENSE MANAGER: BRIAN NOLAN 7.APPROVAL OF THE MINUTES FROM JUNE 13, 2023 LIQUOR LICENSING AUTHORITY MEETING (DEPUTY TOWN CLERK BRENDA TORRES) 8.WRITTEN REPORT 8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) 9.ADJOURNMENT (970) 748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk RE: PUBLIC HEARING for New Beer and Wine (City) Liquor License for Maverik, Inc d/b/a Maverik, Inc #689 DATE: July 17, 2023 SUMMARY: Maverik, Inc d/b/a Maverik, Inc #689, as the Applicant, is applying for a new Liquor License. The Applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. These documents are on file in the Town Clerk’s office. ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: Public Hearing will be hosted both in a virtual format, using Zoom.us at Avon.org, and in person at Avon Town Hall – 100 Mikaela Way, Avon, Colorado. Town Council acting as the Local Liquor Licensing Authority is asked to consider the liquor license application for the following new Beer and Wine (City) Liquor License: Applicant: Maverik, Inc d/b/a Maverik, Inc #689 Location: 240 Wagon Trail Road Type: Beer and Wine (City) Liquor License Officers: Crystal Maggelet, Charles Maggelet, and David Hancock Manager: Jamina Plett Action: LA Resolution No. 23-01 BACKGROUND: Attached is the “Report of Findings” for this application, which was submitted by the applicant on May 10, 2023. The Deputy Town Clerk and Town Special Counsel have reviewed the application for complete information and public notice was posted on the premises, Town website, and published in the Vail Daily as documented in the report of findings. A background investigation has been completed by the Avon Police Department and Colorado Bureau of Investigations. Report is on file with the Clerk and a copy will be provided separately to the Liquor Authority Board. FINDINGS: The information in the report addresses how the applicant has met the criteria outlined in Section 5.08 Liquor Licenses of the Avon Municipal Code and the State Liquor and Beer Code. The report indicates that the applicant has the burden of proving they are qualified to hold the license. The applicant also has the burden of proving that the reasonable requirements of the neighborhood and the desires of the community require the granting of the license. A petition survey has been submitted; this information will assist in the determination of the “desires & needs of the neighborhood”. It is noted that the petition, with 66 signatures, shows 73% in favor and 27% oppose for this type of license in this neighborhood. The applicant has submitted a diagram of the premises. The applicant has been notified and will attend the meeting. The application fee for the liquor licensing has been submitted for the Town and the fee for the State of Colorado will be paid online by the applicant. If the Authority decides to approve the application, a resolution is attached, which if adopted takes this action. A motion granting the application is proposed below. If the Authority is considering denial for grounds, the matter should be set for additional hearing at which time those grounds may be answered by the applicant. Page 2 btorres@avon.org PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) Liquor Licensing Authority Resolution 23-01, Approving the application of Maverik, Inc d/b/a Maverik, Inc #689 for a New Beer and Wine (City) Liquor License.” Thank you, Brenda NEW LIQUOR LICENSE APPLICATION ATTACHMENTS: The Applicant for the new liquor license has submitted the following materials: •Attachment A: Colorado Liquor Retail License Application (State form DR 8404) •Attachment B: Diagram of Premises •Attachment C: Report of Findings •Attachment D: Resolution No. 23-01, Approving the application of Maverik, Inc d/b/a Maverik, Inc #689 for a New Beer and Wine (City) Liquor License The following documents as part of the application submittal are on file at the Town Clerk’s office: •Lease Agreement •Articles of Organization •Certificate of Good Standing •Individual History Record & Background check reports from Avon Police Department & CBI •Petition to Avon Liquor Licensing Authority ADDENDUM TO MEMO FOR NEW LIQUOR LICENSE APPLICATIONS: Background on the Role of Liquor Licensing Authority in Consideration of New Licenses: The Avon Town Council acting as the Local Liquor Licensing Authority has the duty to conduct hearings and make findings of fact as to whether to grant or deny a new local liquor license. The State Licensing Authority cannot grant or issue any "new license" until the Authority has first approved the application by conducting a hearing for such license. If the Authority denies the application, the Executive Director of the State of Colorado cannot override its decision. If the Authority approves a license, the State Licensing Authority cannot refuse to issue the license except upon hearing with a 15-day notice to the applicant and the Authority. Once the state license is received by the Town Clerk's Office and the Certificate of Occupancy has been received from the Building Department, the Town and State licenses can be issued. The Town Clerk, Town Attorney and Police Department handle the review of the liquor license applications administratively. A “Report of Findings” is completed by the Town Clerk & provided the applicants five days prior to the hearing. The Authority members are provided the application materials when it appears on the Liquor Board Agenda. A public hearing is conducted for all new applications. The Local Authority’s decision is usually given at the conclusion of the hearing although it may be delayed. The decision must be given in writing within 30 days after the date of the hearing and may follow in the form of a resolution. The motion to approve or disapprove should be explicit stating the exact reasons for denial or approval. A motion to deny a license must be based on evidence presented at the hearing. Page 3 btorres@avon.org The Liquor Code of Colorado provides that in making any decision, the Local Licensing Authority must consider the following before approving or denying the application: ▪Facts & evidence resulting from the investigation & any facts brought to the attention of the Authority. ▪The reasonable requirements of the neighborhood ▪The desires of the inhabitants of the neighborhood. ▪The number, type and availability of liquor outlets located in or near the neighborhood under consideration. ▪Any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. Requests for licenses may be denied for various reasons such as the applicant is not of good moral character, the applicant's character, record, or reputation is unsatisfactory, or the proposed outlet is within 500 feet of any school. Attachment A Attachment B LOCAL LIQUOR LICENSING AUTHORITY TOWN OF AVON, COLORADO Report of Findings – Maverik. Town of Avon Page 1 of 3 RE THE APPLICATION OF ) MAVERIK, INC D/B/A MAVERIK, INC #689 ) REPORT OF FINDINGS 240 WAGON TRAIL ROAD ) AVON, COLORADO ) FOR A NEW BEER AND WINE (CITY) LIQUOR LICENSE ) TO: THE APPLICANT ABOVE AND OTHER INTERESTED PARTIES SUBMITTED BY: BRENDA TORRES, DEPUTY TOWN CLERK, TOWN OF AVON DATE: JULY 17, 2023 PURSUANT to the Statutes of the State of Colorado, the Ordinances of the Town of Avon, and the Rules and Procedures of the Local Licensing Authority, the applicants are hereby advised that with regard to the application for a Beer and Wine Liquor License filed with the Town Clerk’s Office on May 10, 2023, an investigation has been made, and the Report of Findings is as follows: 1.The location of the new establishment, Maverik, Inc d/b/a Maverik, Inc #689 is 240 Wagon Trail Road, Avon, Colorado. 2.From evidence submitted, the applicant is entitled to possession of the premises as documented by a “Lease Agreement” with a commencement date of November 4, 2021 and executed between the applicant and Traer Creek Holdings No. 2, LLC. The applicant has submitted a diagram of the premises showing the floor plan of the building. The premises are approximately 1.96 acres in size. 3.The operation of a business and sale of liquor in this the proposed location is in an area permitted under the applicable zoning laws of the Town of Avon. The applicant is not required to obtain a license until the business is established. Their sales tax and business licenses are paid. 4.The proposed building in which the liquor is to be sold is not located within 500' of any public or parochial school or the principal campus of any college, university, or seminary. 5.The appropriate documents for the manager, i.e. individual history records & fingerprints, required to conduct the background investigation were submitted to the Colorado Bureau of Investigation (“CBI”) and Avon Police Department. The results will be provided to the Liquor Authority Board. The final background report from CBI has been received. Documents for the other Officers are filed in the master file with the State. Attachment C LOCAL LIQUOR LICENSING AUTHORITY TOWN OF AVON, COLORADO Report of Findings – Maverik. Town of Avon Page 2 of 3 Officers: Title Name Address Telephone Director President Vice President/Applicant Manager Crystal Maggelet Charles Maggelet David Hancock Jamina Plett 185 S State St Suite 800 Salt Lake City, UT 84111 185 S State St Suite 800 Salt Lake City, UT 84111 185 S State St Suite 800 Salt Lake City, UT 84111 3245 Rood Ct. Clifton, CO 81520 (801) 683-3628 (801) 683-3628 (801) 683-3628 (970) 852-7807 6.The applicant has submitted the appropriate application fees to the Town Clerk for co sts associated with a new Concurrent Review application. If the Beer and Wine License is approved by Avon’s Local Liquor Authority, the appropriate executed paperwork will be forwarded to the Liquor Enforcement Division for its approval and issuance of the State license. Upon receipt of the State License, the Deputy Town Clerk will issue the town license to the owners. 7.The public hearing on this application will be held by a Hybrid meeting, virtually via Zoom.us and in person on Avon Town Hall, 100 Mikaela Way, on July 25, 2023 at 5:00 p.m. Public Notice was given regarding said application and scheduled hearing date and was published in the Vail Daily on July 14, 2023 and posted on premises of the proposed location at least ten days prior to the hearing. At said hearing, the applicant shall have an opportunity to be heard regarding all matters related to the application, including all matters se t forth herein. The applicant and/or representants have agreed to be present at the virtual hearing. 8.The “neighborhood” has been established by the Avon Liquor Licensing Authority with the adoption of Resolution No. 04-04 on November 23, 2004, defining it as “the neighborhood to be served by any applicant for liquor license of any kind shall be the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town”. 9.At the public hearing, the applicant has the burden of proving that he is qualified to hold the license applied for, and that his character, record and reputation are satisfactory. The applicant also has the burden of providing prima facie evidence of neighborhood need for the license requested, which he may do with presentation of petitions, remonstrances, or otherwise. The applicant filed the petition that shows 73% in support for this Beer and Wine Liquor License in this location with a total of 66 signatures. 10.The applicant is advised to obtain and read a copy of the State of Colorado Liquor and Beer Codes and Regulations and the Town Code Section on Liquor Licenses (Title 5, Chapter 5.08). These regulations can be found on the foll owing websites: LOCAL LIQUOR LICENSING AUTHORITY TOWN OF AVON, COLORADO Report of Findings – Maverik. Town of Avon Page 3 of 3 https://www.colorado.gov/pacific/enforcement/liquor https://library.municode.com/co/avon/codes/home_rule_charter_and_code?nodeId=CD_TIT5BUT ALIRE_CH5.08LILI ________________________________ Brenda Torres, Deputy Town Clerk E-mailed on July 20, 2023. LA Resolution 23-01 July 25, 2023 Page 1 of 1 LIQUOR LICENSING AUTHORITY TOWN OF AVON RESOLUTION 23-01 A RESOLUTION APPROVING THE APPLICATION OF MAVERIK, INC D/B/A MAVERIK, INC #689 FOR A NEW BEER AND WINE (CITY) LIQUOR LICENSE WHEREAS, on May 10, 2023, the Liquor Licensing Authority of the Town of Avon (“the Authority”) did receive and consider the application of Maverik #689, whose address is 240 Wagon Trail Road, Avon, Colorado, for a new Beer and Wine (City) License; and WHEREAS, the Authority finds that Notice of Application was published in the Vail Daily on July 14, 2023 and proof of publication by the publisher of the Vail Daily was received; and WHEREAS, the Authority finds that the application was in proper form and accompanied by the necessary supplementary evidentiary matter required by law, the regulations of the State of Colorado and the Authority; and WHEREAS, the application was supported by the applicant’s presentation to the Authority and by a petition containing 48 signatures in favor, 73% of total signatures; and WHEREAS, the neighborhood to be served by the proposed licensee has been determined to be the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town as stated in TC Resolution No. 04-04 adopted on November 23, 2004. NOW, THEREFORE, THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON DO ES FIND: 1.The applicant is of good moral character and reputation. 2.The neighborhood to be served by the applicant is the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town. 3.There does exist a reasonable requirement in such neighborhood for the type of license for w hich application is made. 4.The adult inhabitants of the Town desire that the license be granted. ADOPTED THIS JULY 25, 2023 BY THE LOCAL LIQUOR AUTHORITY. TOWN OF AVON, COLORADO ______________________________ ____________________________ Amy Phillips, Chairwoman Brenda Torres, Deputy Town Clerk Attachment D 970-748-4022 btorres@avon.org TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Deputy Town Clerk RE: PUBLIC HEARING for Addition of Optional Premises to Existing H & R Liquor License – Ein Prosit Fine Beer & Sausages DATE: July 19, 2023 SUMMARY: Current licensee Sky and Cloud LLC, d/b/a/ Ein Prosit Fine Beer and Sausages, has applied to an addition optional premises to existing Hotel & Restaurant license. The Applicant has submitted materials required by the State of Colorado Liquor Enforcement Division, which materials are in order. Documents are on file in the Town Clerk’s office. Today’s hearing has been properly noticed. The Applicant is expected to be present to answer Authority questions. BACKGROUND: Pursuant to section 12-47-310(3), An applicant for a hotel and restaurant license who desires to sell or serve alcohol beverages on optional premises shall file with the optional premises permit application a list of the optional premises locations. Such application and list shall be filed with the state and local licensing authorities upon initial application, and each license year thereafter. Approval of the areas must be obtained from the state licensing authority and the local licensing authority. The d ecision of each authority shall be discretionary. In the event that the state and local licensing authorities allow the area or areas to be designated optional premises, no alcohol beverages may be served on the optional premises without the licensee having provided written notice to the state and local licensing authorities forty-eight hours prior to serving alcohol beverages on the optional premises. Such notice shall contain the specific days and hours on which the optional premises are to be used. LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider the Addition of Optional Premises to Existing Hotel & Restaurant license application as submitted by Sky and Cloud LLC, d/b/a/ Ein Prosit Fine Beer and Sau sages. A public hearing is required before final action is taken. If the Authority decides to approve the application, a resolution is attached, which if adopted takes this action. A motion granting the application is proposed below. If the Authority is c onsidering denial for grounds, the matter should be set for an additional hearing at which time those grounds may be answered by the applicant. PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) Liquor Licensing Authority Resolution 23-02, Approving the application of Sky and Cloud LLC, d/b/a/ Ein Prosit Fine Beer and Sausages for an Addition of Optional Premises to Existing Hotel & Restaurant Liquor License.” Thank you, Brenda Page 2 of 2 ATTACHMENTS: The Applicant has submitted the following materials: ✓ Attachment A: Permit Application and Report of Changes (State form DR 8442) ✓ Attachment B: Map diagram of the outside area ✓ Attachment C: Resolution No. 23-02, Approving the application of Sky and Cloud LLC, d/b/a/ Ein Prosit Fine Beer and Sausages for an Addition of Optional Premises to Existing Hotel & Restaurant Liquor License The following documents as part of the application submittal are on file at the Town Clerk’s office: ✓ Landlord approval for Sky and Cloud LLC Attachment A Attachment B LA Resolution 23-02 July 25, 2023 Page 1 of 1 LIQUOR LICENSING AUTHORITY TOWN OF AVON RESOLUTION 23-02 A RESOLUTION APPROVING THE APPLICATION OF SKY AND CLOUD, LLC D/B/A EIN PROSIT FINE BEER AND SAUSAGES FOR AN ADDITION OF OPTIONAL PREMISES TO EXISTING H&R LIQUOR LICENSE WHEREAS, on July 18, 2023, the Liquor Licensing Authority of the Town of Avon (“the Authority”) did receive and consider the application of Sky and Cloud, LLC d/b/a Ein Prosit Fine Beer and Sausages, whose address is 82 E. Beaver Creek Blvd. Suite M107, Avon, Colorado, for an Addition of Optional Premises to Existing Hotel & Restaurant Liquor License; and WHEREAS, the Authority finds that notice of Public Hearing was published in the Town premises on July 18, 2023; and WHEREAS, the Authority finds that the application was in proper form and accompanied by the necessary supplementary evidentiary matter required by law, the regulations of the State of Colorado and the Authority; and WHEREAS, the application was supported by the applicant’s presentation to the Authority and by an authorization from the Landlord to use of that space during the requested dates/times each year upon renewal, with written notice from the licensee to the local and state licensing authorities of no less than forty-eight hours prior to serving alcohol beverages on the optional premises; and WHEREAS, the neighborhood to be served by the proposed licensee has been determined to be the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town as stated in TC Resolution No. 04-04 adopted on November 23, 2004. NOW, THEREFORE, THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON DO ES FIND: 1.The applicant is of good moral character and reputation. 2.The neighborhood to be served by the applicant is the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town. ADOPTED THIS JULY 25, 2023 BY THE LOCAL LIQUOR AUTHORITY. TOWN OF AVON, COLORADO ______________________________ ____________________________ Amy Phillips, Chairwoman Brenda Torres, Deputy Town Clerk Attachment C AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JUNE 13, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 1 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in person, as well as in a virtual format, via Zoom.us. Chairwoman Amy Phillips called the meeting to order at 5:00 p.m. A roll call was taken, and Board members present were RJ Andrade, Ruth Stanley, Chico Thuon, and Vice Chairwoman Tamra Underwood. Board members Rich Carroll and Lindsay Hardy were absent. Also present were Chief of Police Greg Daly, Town Attorney Karl Hanlon, Town Manager Eric Heil, Deputy Town Manager Patty McKenny, General Government Manager Ineke de Jong, and Deputy Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:45 Board member Hardy joined the meeting in person at 5:01 p.m. No changes were made to the agenda. Vice Chairwoman Underwood moved to approve the Liquor Licensing Authority agenda as presented. Board member Andrade seconded the motion and the motion passed with a vote of 5 to 0. Board member Hardy stepped away from the room and Board member Carroll was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:01:34 No conflicts of interest were disclosed. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Video Start Time: 00:01:46 Chairwoman Phillips asked for public comments by anyone present in person or virtually. No public comments were made. 5. PUBLIC HEARING FOR A SPECIAL EVENTS LIQUOR PERMIT Video Start Time: 00:02:05 5.1. APPLICANT NAME: BRAVO! VAIL MUSIC FESTIVAL EVENT: THE LINDA AND MITCH HART SOIREE SERIES 2023 DATE AND TIME: 6:00 PM – 11:00 PM ON JUNE 23, 2023 LOCATION: 108 PRIMROSE TYPE: SPECIAL EVENT PERMIT MANAGER: CHATHAM MAYBERRY Deputy Town Clerk Torres introduced the application. The applicant Chatham Mayberry, Manager of the event, was present via Zoom; he talked about the event and answered questions from the Board. Vice Chairwoman Underwood asked him about the alcohol management. He explained the event will be a cocktail reception with only one bar, having two bartenders and four servers, all TIPS certified. Chairwoman Phillips called for public comments and no public comments were made. AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JUNE 13, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 2 The applicant met the requirements of the public hearing posting, the insurance requirements, event manager background checks, and alcohol management plan, as part of the special event permit checklist. Vice Chairwoman Underwood moved to approve the Special Events Permit application for Bravo! Vail Music Festival for their The Linda and Mitch Hart Soiree Series 2023 special event on June 23, 2023, from 6:00 p.m. to 11:00 p.m. Board member Stanley seconded the motion and the motion passed with a vote of 6 to 0. Board member Carroll was absent. Video Start Time: 00:05:38 5.2. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER EVENT: A TASTE OF NATURE DATE AND TIME: 5:00 PM – 10:30 PM ON JULY 6, 2023 LOCATION: 318 WALKING MOUNTAINS LANE TYPE: SPECIAL EVENT PERMIT MANAGER: SHERRI HAHN Deputy Town Clerk Torres introduced the application. The applicant Sherri Hahn, Manager of the event, was present in person; she talked about the event and answered questions from the Board. She mentioned this event is their largest fundraiser and explained their cater will handle the alcohol and their servers are all TIPS certified. Vice Chairwoman Underwood asked her how the servers will they identify guests over 21. Sherri Hahn explained the event is invitation only and all guests are adults over 21. Chairwoman Phillips called for public comments and no public comments were made. The applicant met the requirements of the public hearing posting, the insurance requirements, event manager background checks, and alcohol management plan, as part of the special event permit checklist. Board member Andrade moved to approve the Special Events Permit application for Walking Mountains Science Center for their A Taste of Nature special event on July 6, 2023, from 5:00 p.m. to 10:30 p.m. Board member Thuon seconded the motion and the motion passed with a vote of 6 to 0. Board member Carroll was absent. 6. APPROVAL OF THE MINUTES FROM MAY 23, 2023 MEETING Video Start Time: 00:07:48 No changes were made to the minutes. Vice Chairwoman Underwood moved to approve the liquor license meeting minutes for Tuesday, May 23, 2023 as presented. Board member Thuon seconded the motion and the motion passed with a vote of 6 to 0. Board member Carroll was absent. 7. WRITTEN REPORT 7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (DEPUTY TOWN CLERK BRENDA TORRES) AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES TUESDAY, JUNE 13, 2023 HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM Page 3 8. ADJOURNMENT The Avon Liquor Authority meeting adjourned at 5:09 p.m. These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ____________________________________ Brenda Torres, Deputy Town Clerk APPROVED: Amy Phillips ___________________________________ Tamra Underwood Ruth Stanley Chico Thuon Rich Carroll Lindsay Hardy RJ Andrade (970) 748-4022 btorres@avon.org AVON LIQUOR LICENSING AUTHORITY WRITTEN REPORT To: Avon Liquor Licensing Authority From: Brenda Torres, Deputy Town Clerk Date: July 17, 2023 Topic: REPORT ON RECENT LIQUOR LICENSE ADMINISTRATIVE APPROVALS SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for administrative approval include that the application is complete, there is no new criminal activity on the background and there are no liquor code violations during the last year. Renewals require notice to be posted for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer the application to the Avon Town Council. The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating back to June 13, 2023, the Town has received 3 Renewal and 2 Special Event applications that have met all the requirements for administrative review and approval and were ultimately approved by the Deputy Town Clerk. No comments, complaints, or request for hearings were received. They are as follows: Renewals: Applicant: Cripple Creek Backcountry, INC d/b/a Cripple Creek Backcountry Location: 82 E Beaver Creek Blvd #M102 Type: Beer & Wine (City) Manager: Douglas Mark Stenclik Applicant: Benchmark Liquors INC d/b/a Beaver Liquors Location: 110 E Beaver Creek Blvd. Type: Liquor Store (City) Manager: David Courtney Applicant: Mezzo, LLC d/b/a Fattoria Location: 48 E Beaver Creek Blvd. units 105-106-107 and 108 Type: Hotel and Restaurant (City) Manager: Stephen Shelman Special Event Permits: Applicant: The Cycle Effect Event: XTERRA USA Championship Dates: August 26, 2023 4:00 p.m – 8:00 p.m. Location: 1 Lake Street/Nottingham Park Pavilion Manager of Event: Lauren Ciarallo (970) 748-4022 btorres@avon.org Applicant: Vail Valley Charitable Fund Event: Vail Valley Brew’Au Dates: August 19, 2023 4:00 p.m – 8:00 p.m. Location: 1 Lake Street/Nottingham Park Pavilion Manager of Event: Brook Skjonsby 970.748.4413 matt@avon.org TO: Honorable Mayor Amy Phillips and Council Members FROM: Matt Pielsticker, AICP Planning Director RE: Planning and Zoning Commission Vacancy DATE: July 21, 2023 SUMMARY: The purpose of this report is to inform the Avon Town Council that there is a vacancy on the Planning and Zoning Commission (“PZC”). One of your spring appointees, Ryan Wolffe, resigned after his first meeting citing unexpected personal matters. Avon Municipal Code (“AMC”) Section 7.12.040 that PZC shall be comprised of seven (7) members, and in the event of a vacancy (Council) shall appoint a successor to fill the vacancy and serve the remainder of the term. The term of the vacancy runs until May 2025. SOLICITATION: Staff immediately reposted the vacancy at www.avon.org/jobs and on the Vail Daily listings. No applications have been received. PZC COMPOSITION: Below is a summary of the continuing members and applicants, their professions, place of residency and time on PZC: TERMS THROUGH MAY 2024: Name Profession Residency Terms/Notes Bill Glaner Landscape Architect Avon ‘17-’19; Reappointed 5/2022 Kevin Hyatt Business/First Aid Avon Since 5/2022 Tom Schaefer EV Business Develop Avon Since 5/2022 TERMS ENDING MAY 2025: Name Profession Residency Terms/Notes Anthony Sekinger Construction Avon Since 2/2021, Reappointed 5/2023 Brad Christianson Bartender/Server Avon Since 5/2023 Olivia Cook Housing Specialist Edwards Since 5/2023 VACANT 5/2023-5/2025 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 may 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. One option to consider is to include five (5) members with one (1) alternate who has voting powers when there is an absence or lack of quorum. During appointments this spring, two applicants were not selected. Gregg Cooper and Greg Strahan both interviewed with Town Council. Gregg Cooper received 3 votes and could be considered for appointment if the Council desires. 970.748.4413 matt@avon.org OPTIONS: • Continue solicitation and return to Council in 30-60 days with update. • Direct Staff to prepare AMC amendment to reduce PZC size to five (5) members. • Appoint Gregg Cooper, who received three (3) votes, the next most votes during May 2023 Appointments. • Appoint other interested community members. LINK: • May 2023 PZC Appointments Meeting Packet 970.748.4023 jskinner@avon.org Page 1 of 3 TO: Honorable Mayor Amy Phillips and Council members FROM: Jena Skinner, AICP Senior Town Planner RE: Resolution 23-11: Housing Program Guide & Administrative Procedures DATE: July 20, 2023 SUMMARY: This report updates current housing efforts and context for modifying the 1990-1991 Town of Avon Housing Guidelines. Moving forward, this document will be retitled as the Town of Avon Housing Program Guide and Administrative Procedures (“HPGAP”), as guidelines sound very optional and do not lend all of the additional- and much-needed procedures and language for selling and purchasing units, and how existing deed restrictions need to be administered, procedurally. The Town Council first reviewed this request to update the subject document on April 25, 2023. This report reflects on the intentions presented at the previous hearing and includes revised materials for review at this work session. As Avon moves forward in pursuing more and more community housing opportunities, replacing the severely outdated Housing Guidelines becomes very important. Having a up to date document that supports community housing efforts aides in formulating solid intergovernmental partnerships, in pursuing funding sources, and in attracting new development to the Town of Avon. Attached to this report you will find our proposed deeds to be used as staring points in discussing and implementing new community housing projects, as well as a price capped deed restriction replacement document that was discussed during the previous work session as a tool to raise the outdated values of these important properties of high demand. Although the new HPGAP cross references the Mi Casa Avon Program, the current Mi Casa deeds will be kept separate from this attachment, as those deeds are specific to that program. REPEAL AND REPLACEMENT OF THE 1990/1991 HOUSING GUIDELINES: The 1990/1991 Housing Guidelines are referenced and relied upon within various price capped deed- restricted units (66) within Avon. Point of fact: this document needs updating as it no longer functions efficiently as a tool to manage the purchase and sale of these units. Further, it does not recognize the Mi Casa Program or the Town of Avon Housing Plan, nor does it reflect using Area Median Incomes (AMI) as the standard for establishing specific qualifications and managing the values of these specialized housing units. In being so outdated, owners experience “low morale” and often feel onerous when contemplating improving the quality of place in these residential units. Predominantly, this is due to the use of old restrictions that need to reflect the current housing culture or investment/reinvestment in these units. The low monetary value of our limited and highly coveted price capped units is meager when it comes to the resale of these units. These lower values concern Staff and unit owners, as all deed-restricted properties deserve the protection of their necessity (social capital) and the equity that both the owners and the Town expect with a home. These units are an extreme and precious asset to our workforce. While it may appear that having extremely low-priced price capped deed-restricted units is a good thing for potential buyers, it is one-sided and not helping existing owners if there is a need to upgrade their units to reflect growing families or reinvest in their unit when their list of capital improvements is so scant – especially if all their money is going towards escalating HOA dues or the cost to maintain aging infrastructure. Effectively, these units 970.748.4023 jskinner@avon.org Page 2 of 3 have not kept up with inflation and are inequitable for the existing sellers; owners become “stuck” in their homes, a very unintended consequence in owning one of these units. Long-time or single-owner units who have lived in their units for decades are especially bound to their homes as the value of a residence increases each time it sells. No sales means the units are worth much less than other units within the same complex. No sales also means that inventory is very low for persons starting in the home market, as existing owners cannot afford to “move up” into the free market or into “next step” units of greater value or size. Older units may not be aging well if they lack upgrades as well. Town of Avon Staff, with assistance from the Valley Home Store / Eagle County Housing Authority, have recrafted the subject Guidelines into their current format and materials in response to the changing housing conditions in our community and the Avon Community Housing Plan goals. Written with significant considerations of the various deed restrictions in place for restricted properties in Avon, as well as current market values and realities of housing in 2023, the proposed draft clarifies, and updates outdated procedures and provides essential information currently “missing” or not contemplated previously with the original deed restriction implementation. More importantly, Avon’s Housing Program Guide and Administrative Procedures is in alignment with the current administrative housing procedures of Eagle County, our housing liaison, making it more of a more universal administrative standard that could be utilized by multi-jurisdictional partnerships. FORTHCOMING PROGRAMS REPLACEMENT DEEDS FOR EXISTING OWNERS OF DEED RESTRICTED UNITS. Staff has been approached by a few concerned price capped, deed restriction unit owners about the extreme gap in value that now exists between their units governed by old restrictions (1994/2000/2001/2012). Essentially, owners feel stuck in their homes, and have not made the more common investments in their units as the existing/allowable capital improvements that may be captured upon sale (and add value captured upon resale), are very limited. Allowing for (e.g.,) a 3% increase every year in value for how long you’ve owned the unit (not compounded), with a recapture of a limited list of capital improvements that accumulatively must be only 10% of the purchase price, is an extremely lack luster formula for re-establishing a resale value presently. Even more unsettling - if you’ve owned the unit for a long time but your expenditures are tied to the initial purchase price. In 2023, swapping out old windows may exceed the 10% amount cap for this one improvement. The proposed ToA Housing Program and Administrative Guide has already prepared for this action by suggesting a revised list of allowable Capital Improvements that is reasonable and reflects the current housing policies of Eagle County. Staff would also like to update the old restrictions to allow the Town to have first rights to purchase a for- sale price capped deed-restricted unit, ensuring that the unit is in livable/quality condition and valued accordingly. The replacement deed also clarifies compliance procedures and expectations for owners, developers, and property managers. The Valley Home Store (“VHS”), which has been assisting in the HPGAP rewrite, is experienced in dealing with updated deed restrictions in various unincorporated areas and within the Town of Eagle. Working with the VHS, Staff is close in establishing baseline reset values for price capped properties. The Attorney’s Office is also working with Staff to create standardized replacement deeds for this program. Staff anticipates this program to go into effect in early August. Staff will update Town Council when the program is ready for implementation. 970.748.4023 jskinner@avon.org Page 3 of 3 RECOMMENDATION: Staff recommends that Town Council approve Resolution 23-11, which officially replaces the 1990/1991 Hosing Guidelines with the Town of Avon Housing Program Guide and Administrative Procedures (“HPGAP”). SECONDARY RECOMMENDATION FOR COUNCIL CONSIDERATION With the replacement of the 1990/1991 Housing Guidelines and the forthcoming implementation of the deed restriction replacement program, Staff recommends Town Council incorporate an ongoing quarterly housing work session to continually discuss contemporary community housing trends, Avon housing policies, and efforts/ideas that may assist Avon and Staff in advancing the number of valuable workforce housing units within our community. Thank you, Jena ATTACHMENTS: A: Guide Proposed Resolution B: Town of Avon Housing Program and Administrative Procedures C: 1990/1991 Housing Guidelines Res 23-11 HPGAP Page 1 of 1 RESOLUTION 23-11 APPROVING THE REPEAL AND REPLACEMENT OF THE 1990-1991 HOUSING GUIDELINES WITH THE TOWN OF AVON HOUSING PROGRAM AND ADMINISTRATIVE PROCEDURES DOCUMENT WHEREAS, the existing Town of Avon Housing Guidelines were adopted in 1990-1991 and have not been useable for several years due to the outdated nature of this document; and WHEREAS, several existing deeds refer to this document; however, due to the outdated nature of the 1990- 1991 Housing Guidelines, this document does not assist in the proper maintenance of price capped deed restriction properties as was originally intended; and WHEREAS, community housing practices and efforts have changed requiring this document to be updated to reflect contemporary management of existing and ongoing housing programs, and WHEREAS, the Avon Town Council held work sessions on April 25, 2023, and June 27, 2023, considered all comments, testimony, evidence, and reports provided by the Town Staff prior to deciding on the request to update the existing Housing Guidelines; and WHEREAS, the goal of Staff and Town Council is to allow this document to be updatable and to be maintained as a living document; and WHEREAS, the Town of Avon Housing Program Guide and Administrative Procedure document supports and conforms to Avon Municipal Code, Town of Avon Comprehensive Plan, the Avon Community Housing Plan, and other Community Housing programs and policies set forth by the Town of Avon. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby repeals and replaces the 1990 - 1991 Housing Guidelines with the 2023 Town of Avon Housing Program Guide and Administrative Procedure document that supports Community Housing programs and projects in the Town of Avon. ADOPTED this day of 2023. AVON TOWN COUNCIL By: ______________________________ Attest: _______________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Attachment A HOUSING PROGRAM GUIDE & ADMINISTRATIVE PROCEEDURES2023 Attachment B HPGAP 2023 1 Housing Program Guide and Administrative Procedures 2023 HPGAP 2023 2 PURPOSE “To achieve a diverse and permanent attainable housing portfolio of rental and for-sale units that supports the working community of the Town of Avon.” INTRODUCTION Households - no matter what configuration that consists of, have incomes that cannot support mortgage payments for any median price dwelling units in Avon. The rental market is similarly challenging for local residents. Vacancy rates have been approaching zero, and with low inventories of restricted units since 2007, average rental rates have risen significantly throughout the County. The Town of Avon Comprehensive Plan sets a vision for diverse opportunities for residents, businesses, and visitors. The Town of Avon seeks to expand upon its long history as a high-amenity year-round resort community by adopting the Avon Community Housing Plan and implementing its strategies. The current housing market, which offers very few affordable opportunities for year-round residents to put down roots in Avon, poses a challenge to this vision. Through the acquisition and administration of Deed Restrictions, Avon seeks to create and preserve local workforce housing for present and future generations of residents. This document replaces the 1990/1991 Avon Housing Guidelines in its entirety and shall be used as the official document supporting all deed restrictions secured through the Town of Avon. This includes those deed restrictions created through the development process or independent thereof, like those within Mi Casa Avon or similar program. These provisions apply to both price-capped and resident occupied deed restrictions, for sale, or rental units. This document shall be incorporated for use via Resolution and may be updated and amended from time to time at the Discretion of the Town of Avon, to keep all housing information up to date reflecting Avon’s current market conditions and community needs. HPGAP 2023 3 Table of Contents Chapter 1 - Description of Housing Guidelines. ...................................................................................... 5 Chapter 2 - Information for Developers of Deed Restricted Housing Units. ......................................... 5 A. Initial Pricing of Priced Capped For-Sale Housing. ............................................................................... 5 B. Deed Restrictions for Price Capped For-Sale Housing. ........................................................................ 5 E. Maximum Rental Rates for Price Capped Rental Housing. ................................................................... 6 F. Deed Restrictions for Price Capped Rental Housing. ............................................................................ 6 Chapter 3 - Information for Developers of Deed Restricted Housing Units. ......................................... 7 A. Initial Pricing of Resident Occupied For-Sale Housing. ......................................................................... 7 B. Deed Restrictions for Resident Occupied For-Sale Housing. ................................................................ 7 G. Deed Restriction for Resident Occupied Rental Housing. ..................................................................... 7 H. Divided Ownership of Affordable Rental Housing.................................................................................. 7 I. Homeowners and Condominium Associations. ..................................................................................... 7 J. Employee Housing Mitigation ................................................................................................................ 8 Chapter 4 - Requirements for Buyers, Owners, or Renters of Restricted Housing Units. ................... 8 A. Eligibility Requirements for Members of Households. ........................................................................... 8 B. Limits on Owning Other Real Estate – Price-Capped Housing Units. ................................................... 8 C. Application Process and Selection Criteria for Price Capped For-Sale Housing Units .......................... 9 D. Limits on Owning Other Real Estate – Resident Occupied. ................................................................ 11 E. Application Process and Selection Criteria for Purchasing Existing Resident Occupied For-Sale Housing Units. ..................................................................................................................................... 11 F. Rental of a DRHU by Qualified Employers for Employees – All DRHUs. ............................................ 12 G. Maintaining Occupancy – All DRHUs. ................................................................................................. 12 H. Compliance – All DRHUs. ................................................................................................................... 12 I. Leave of Absence – All DRHUs. ......................................................................................................... 12 Chapter 5 - Information for Property Managers of Price Capped and Resident Occupied Rental Units .......................................................................................................................................................... 13 A. Application Process. ............................................................................................................................ 13 B. Annual Verification. ............................................................................................................................. 13 Chapter 6 – Other – All DRHUs. .............................................................................................................. 13 A. Trust Ownership. ................................................................................................................................. 13 B. Short Term Rentals ............................................................................................................................. 14 C. Foreclosures. ...................................................................................................................................... 14 D. Other Title Transfers. .......................................................................................................................... 14 E. Tax Sale. ............................................................................................................................................. 14 F. Previous Guidelines. ........................................................................................................................... 14 Chapter 7 – Sales of Units. ...................................................................................................................... 15 A. Sales of Price-Capped Housing Units. ................................................................................................ 15 B. Maximum Resale Price for Price-Capped Housing Units. ................................................................... 16 C. Increases to Base Price and Permitted Capital Improvements for Price Capped Housing Units. ........ 16 HPGAP 2023 4 Chapter 8 – Compliance and Enforcement – All DRHUs ...................................................................... 18 A. Required Documents........................................................................................................................... 18 B. Non-Qualified Transferee. ................................................................................................................... 18 C. Failure to Comply. ............................................................................................................................... 18 D. Uncured Violation. ............................................................................................................................... 19 E. Required Rental. ................................................................................................................................. 19 F. Preservation of Deed Restricted Unit. ................................................................................................. 19 Chapter 9 – Grievance Procedures – All DRHUs. .................................................................................. 19 APPENDIX A – DEFINITIONS .................................................................................................................. 20 APPENDIX B – DEED RESTRICTION TEMPLATES ............................................................................... 26 APPENDIX C – RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS ............................ 27 HPGAP 2023 5 TOWN OF AVON HOUSING GUIDE AND ADMINISTRATIVE PROCEDURES FOR RENTAL AND SALE REQUIREMENTS, CRITERIA, SPECIFICATIONS, PROCEDURES AND PRIORITIES OF DEED RESTRICTED HOUSING UNITS This document provides Rental/Sale Requirements for Deed Restricted Housing Units establish admission and occupancy criteria. There are four (4) types of Deed Restricted Housing Units: Price Capped For-Sale Housing, Price-capped Rental Housing, Resident-Occupied For-Sale Housing, and Resident-Occupied Rental Housing Units. Commonly Used Acronyms within this document: HPGAP – Housing Program Guide and Administrative Procedures (this document) ToA – Town of Avon AMC – Avon Municipal Code DRHU – Deed Restricted Housing Unit RO – Resident Occupied EC – Eagle County ECAHGAP – Eagle County Affordable Housing Guidelines Administrative Procedures Chapter 1 - Description of Housing Guidelines. The Town of Avon Housing Guidelines provide the technical procedures for developing, purchasing, owning, selling, and renting Deed Restricted Housing Units (“DRHU”) and are to be read and utilized in conjunction with the Town of Avon Municipal Codes and the various, established Deed Restrictions. The HPGAP is to be updated periodically based on current real estate market, area median income, and the most recent affordable housing data, affecting the Avon community. Chapter 2 - Information for Developers of Deed Restricted Housing Units. Price-Capped Housing Units A. Initial Pricing of Priced Capped For-Sale Housing. The Initial Sales Price for Price Capped For-Sale Housing units shall be initially set no higher than at a price affordable to Households earning 100%-140% of AMI. The units should be priced in a spectrum of prices consistent with unit size, location, and market demand. Affordable units should come to market proportionately with free market units. See the ECAHGAP for current Maximum Sales Prices. B. Deed Restrictions for Price Capped For-Sale Housing. All deed restrictions burdening Price Capped For-Sale Housing units must include resale restrictions binding future buyers and sellers to the applicable conditions set forth in the Housing Guidelines and shall be in a form approved by the Town of Avon and the Program Administrator. All purchasers shall execute the deed restriction as well as any Acknowledgement of Deed Restriction. The material terms for deed restrictions recorded against Price Capped For-Sale Housing units are as follows: HPGAP 2023 6 1. Eligible Households only with annual compliance verification by Owner to Town of Avon; 2. Primary Residence use only with annual compliance verification by Owner to Town of Avon; 3. May not own other Real Property, subject to Town of Avon exceptions; 4. Limitations on rentals; 5. Prohibition on Short Term Rentals; 6. Initial Sales Price restrictions; 7. Maximum Resale Price restrictions; a. Appreciation is based upon the average wage for Eagle County as determined by the Colorado Department of Labor and Employment using the most current available data, but in no case shall the allowed increase be more than 3% compounded interest on an annual basis. There shall be no floor on the amount of the increase. 8. Ownership interest conveyed to Town of Avon; 9. Ability to force sale if Owner is not complying with deed restriction; 10. Town’s option to buy post foreclosure; 11. Resale administered by Program Administrator or assigns. Resale may be subject to administrative fees, as determined by Program Administer. 12. Annual compliance verification by Owner to Town of Avon. E. Maximum Rental Rates for Price Capped Rental Housing. Maximum Rental Rates for Deed Restricted Rental Housing Units must be set at rates that are affordable for Households with incomes no greater than 80%-100% AMI, based on unit type. See the ECAHGAP for current Maximum Rental Rates. F. Deed Restrictions for Price Capped Rental Housing. The material terms for deed restrictions recorded against Deed Restricted Rental Housing, shall be as follows: 1. Eligible Households only, unless otherwise permitted; 2. Maximum rents; 3. Prohibition on Short Term Rentals; 4. Annual verification by Owner to Town of Avon; 5. The term of the deed restriction shall be perpetual, and the restriction agreement must be between the Owner of the rental property and either Town of Avon or other acceptable entity, such as the Colorado Housing and Finance Authority or the United States Department of Housing and Urban Development. HPGAP 2023 7 Chapter 3 - Information for Developers of Deed Restricted Housing Units. Resident Occupied Housing A. Initial Pricing of Resident Occupied For-Sale Housing. Sale prices for Resident Occupied For-Sale Housing units are not limited. A spectrum of pricing and unit sizes responsive to market demand is encouraged. Affordable units should come to market proportionately with free market units. B. Deed Restrictions for Resident Occupied For-Sale Housing. All deed restrictions burdening Resident Occupied For-Sale Housing units must include resale restrictions binding future buyers and sellers to the applicable conditions set forth in the Housing Guidelines and shall be in a form approved by the Program Administrator and the Town of Avon. All purchasers shall execute the deed restriction as well as an Acknowledgement of Deed Restriction. The material terms for deed restrictions against Resident Occupied For-Sale Housing shall be as follows: 1. Eligible Households only with annual compliance verification by Owner to Town of Avon; 2. Primary Residence use only with annual compliance verification by Owner to Town of Avon; 3. May not own other Real Property, subject to exceptions; 4. Prohibition on Short Term Rentals. 5. Annual compliance verification by Owner to Town of Avon G. Deed Restriction for Resident Occupied Rental Housing. The material terms for deed restrictions recorded against Resident Occupied Rental Housing, shall be as follows: 1. Eligible Households only; 2. Prohibition on Short Term Rentals; 3. Annual verification by Owner to Town of Avon. The term of the deed restriction shall be perpetual, and the restriction agreement must be between the Owner of the rental property and either Town of Avon or other acceptable entity, such as the Colorado Housing and Finance Authority or the United States Department of Housing and Urban Development. H. Divided Ownership of Affordable Rental Housing. No Price Capped Rental Housing or Resident Occupied Rental Housing Unit shall be converted in the future to For-Sale housing through subdivision, the cooperative form of ownership, condo conversion, or some similar form of ownership inconsistent with its rental purpose, unless the Owner of such unit proposes providing substantially similar substitute Deed Restricted Housing Unit and such proposal is approved in writing in advance by the Town of Avon. I. Homeowners and Condominium Associations. Any documents creating a condominium or homeowners association should require that association dues or assessments levied against Deed Restricted Housing Units be prorated to a maximum of 75% of the association dues or assessments levied against market rate units for mixed use projects HPGAP 2023 8 consisting primarily, or predominantly, of unrestricted residential (Short Term Rentals) or commercial housing units (Timeshares). E.g., Projects the same or similar in nature to The Westin or Frontgate developments. J. Employee Housing Mitigation – See AMC Section 7.20.100 Chapter 4 - Requirements for Buyers, Owners, or Renters of Restricted Housing Units. A. Eligibility Requirements for Members of Households. 1. Employment Qualification. At least one primary member of a Household, or a Household must meet one or more of the following criteria: a. An Owner as a defined Qualified Employee as defined in this Housing Program Guide; or b. A Retired Person or Older Person over the age of sixty (60) and had earned a living in the Town of Avon or within Eagle County, for no less than five (5) years prior to the date of their retirement; or c. A Person with a Disability who had been a full-time employee in the Town of Avon or within Eagle County immediately prior to their Disability or has been granted an exception to the minimum of 30 hours per week to continue with a federal or state Disability benefit program, or as qualifying programs allow; or d. Owners and Members of Households that reside in the Town of Avon or within Eagle County but work for employers that are located outside of Eagle County (e.g., remote workers). These employees may be considered eligible if all other eligibility requirements are met and the Owner and or Member of the Household can prove Town of Avon or Eagle County residency for no less than one year before application submission, subject to the Program Administrator’s sole discretion or as otherwise stated in the applicable deed restriction; or e. Members of the Household cumulatively earning at least 75% of the Household’s Gross Household Income in the Town of Avon or within Eagle County or Members of the Household that are considered qualified renters by the Town of Avon or assigns. f. At initial qualification of a purchase of a price capped unit, assets of the buyer cannot exceed 50% of the list price for the unit. B. Limits on Owning Other Real Estate – Price-Capped Housing Units. Price Capped Housing. 1. No member of an Eligible Household, including, but not limited to, Owners, spouses and children under 18 years of age, may own real estate anywhere within Eagle County as of the date of purchase of the DRHU, subject to the following exceptions: a. If the Owner is currently an owner of real estate, and are under contract to sell their existing real estate and purchase a DRHU contemporaneously. A hardship exemption from this requirement may be granted at the sole discretion of the Program Administrator; or HPGAP 2023 9 b. Members of an Eligible Household who owns commercial property for business use or vacant land may be exempted from this requirement at the sole discretion of the Program Administrator. c. During ownership of a DRHU, no Household member shall own any interest alone or in conjunction with others, in any other real estate anywhere, subject to certain exemptions at the sole discretion of the Program Administrator. Real estate that is owned by a prospective Eligible Household of a DRHU may not deed or Transfer that real estate to a corporation, or other person or entity nor may real estate be deeded to a corporation or other legal entity in which the Household member has any financial interest to meet these requirements. C. Application Process and Selection Criteria for Price Capped For-Sale Housing Units Households interested in purchasing Price Capped For-Sale Housing units must apply to the Program Administrator to certify eligibility prior to submitting an offer to purchase a unit. The application and any accompanying documentation will become the property of the Program Administrator and will not be returned to the Applicant. The application steps are as follows: 1. Obtain an application from the Program Administrator; 2. Provide evidence of employment by a Qualified Employer; 3. Provide evidence of residency in Eagle County, if applicable; 4. Affirm on the application that your Household intends to live in the unit as your Primary Residence and that no members of your Household own other real estate; 5. Provide a letter of prequalification from a mortgage lender for a mortgage with a fixed interest rate of at least 5 years duration or a statement of proof of funds and submit a copy to the Program Administrator. Reverse amortization mortgages are prohibited; 6. Provide proof of funds for a down payment equal to at least 3% of the purchase price or as otherwise stated in the applicable Deed Restriction. Once basic eligibility has been met, the Applicant submitting the highest and best offer (not to exceed the Maximum Resale Price) will have the first right to negotiate for the purchase of the unit. If two or more equal offers are received, those offers will be prioritized for selection based on the selection criteria listed below. The Program Administrator will notify the Applicant if additional proof of any of the following items is necessary. The following selection criteria applies to all resales of Price-Capped For-Sale Housing Units: 1. Selection Process. Applicants will first be ranked according to the following: a. First Priority. Household income - Priority order is first assigned for those whose income falls below 100% AMI, second to those whose income falls below 120% AMI, third to those who fall below 140% AMI and so on. Preference will be for Applicant(s) who meet the lowest of the available income categories but will not be selected solely based on lowest income alone. If two or more Applicants fall into the lowest available income category, the following criteria will be used to further prioritize Applicants. HPGAP 2023 10 b. Second priority will be given to those who are currently employed full-time at a business located in the Town of Avon. c. Third priority will be given to those who have worked full time in Eagle County. Proof of work history for at least 7 years, considered on a cumulative, calendar year basis. d. If there is a tie based upon the selection criteria above, the Program Administrator shall hold a drawing comprised of applicants who have equal qualifications, to determine the winning Applicant. The drawing shall be held by the Program Administrator within five (5) business days from notification. Drawing shall be witnessed by the Applicants with equal priority, if desired, via in-person and or online means during regular business hours. i. There will be no consideration for those who do not meet the definition of Eligible Household. ii. The ability to purchase the unit with cash has no relevance to the selection process. The following rules apply to the selection process described above: 1. The physical place of prior residency and local employment and/or employer is relevant. The Applicant’s mailing address or company headquarters is not. For example, company or organization headquarters are located in “Town A”, but the Eligible Household member reports to another physical location in “Town B.” In this example, the physical location where the Eligible Household member reports to daily, in “Town B”, would be considered the physical place of employment. Alternatively, the company or organization headquarters are located in “Town A” but work is completed at changing locations throughout the county (e.g., construction/landscaping). In this example, the location of the headquarters in “Town A” would be used. 2. Full time employment for an Eagle County Employee as defined in Section 3.12.020 of the Avon Municipal Code. 3. Joint Applicants must meet the criteria for an Eligible Household. Combined income will be considered in determining a max AMI%, with a combined income not to exceed the equivalent of a 4-person AMI%. 4. Income may be determined using the Applicant's most recent federal income tax return or if unavailable or if income has changed, by Applicant’s current paystubs, or other reasonable means as determined by the Program Administrator. 5. All claims shall be verified by the Program Administrator. Claims of residency or employment that cannot be verified will not be considered in determining length of employment or residency. 6. Eligible Households may have no more than two occupants per Bedroom at any time. For example, a household of five (5) people does not qualify for a two (2) Bedroom unit. 7. Home office or remote work (remote workers) will be required to provide acknowledgement of home office status from their employer. 8. Qualified Persons in existing DRHUs located in the Town of Avon or Eagle County may receive higher priority by the Town of Avon when being considered for a different DRHU elsewhere within the Town of Avon. HPGAP 2023 11 D. Limits on Owning Other Real Estate – Resident Occupied. Resident Occupied Housing. 1. No member of an Eligible Household, including, but not limited to, Owners, spouses and children under 18 years of age, may own real estate anywhere within Eagle County as of the date of purchase of the DRHU, subject to the following exceptions: a. If the Owner is currently an owner of real estate and are under contract to sell their existing real estate and purchase a DRHU contemporaneously. A hardship exemption from this requirement may be granted at the sole discretion of the Program Administrator; or b. Members of an Eligible Household who owns commercial property for business use or vacant land may be exempted from this requirement at the sole discretion of the Program Administrator. During ownership of a price capped DRHU, no Household member shall own any interest alone or in conjunction with others, in any other real estate anywhere outside of Eagle County, subject to certain exemptions at the sole discretion of the Program Administrator. Real estate that is owned by a prospective Eligible Household of a DRHU may not deed or Transfer that real estate to a corporation, or other person or entity nor may real estate be deeded to a corporation or other legal entity in which the Household member has any financial interest to meet these requirements- regardless of location, to circumvent these provisions. E. Application Process and Selection Criteria for Purchasing Existing Resident Occupied For-Sale Housing Units. Households interested in purchasing existing Resident Occupied For-Sale Housing units must submit an application to the Program Administrator to certify eligibility prior to submitting an offer to purchase a unit, unless otherwise outlined in the recorded deed restriction. The application and any accompanying documentation will become the property of the Town of Avon and/or the Program Administrator and will not be returned to the Applicant. The application steps are as follows: 1. Obtain an application from the Program Administrator. 2. Provide a verification of employment (“VOE”) by a Qualified Employer as follows: a. The two most recent pay stubs and, a W2 or VOE letter from employer(s), or b. An employment contract or other documents that the Program Administrator deems necessary to make this determination, or c. Affidavit from employer verifying employment plus other documents that the Program Administrator deems necessary for substantiation. 3. Most recent tax returns, if required by existing deed restriction 4. Affirm on the application that your Household intends to live in the unit as your Primary Residence and that, unless otherwise stated in the deed restriction, no members of your Household own other real estate in Eagle County. There are no selection criteria for resales of Resident Occupied For-Sale Housing units. HPGAP 2023 12 F. Rental of a DRHU by Qualified Employers for Employees – All DRHUs. Qualified Employers may purchase a DRHU and lease to employees who are members of Eligible Households. Qualified Employers may not impose additional Deed Restrictions to renters within these Units without the written consent of the Program Administrator. G. Maintaining Occupancy – All DRHUs. The Owner of a Deed Restricted Housing Unit shall continue to use the unit as its primary place of residence. The Owner of an DRHU will be deemed to have ceased to use the unit as its Primary Residence by accepting permanent employment outside of Eagle County, by residing in the unit for fewer than 9 months out of any 12 months, or by registering to vote outside of Eagle County. H. Compliance – All DRHUs. Once an DRHU has been purchased, it must continue to be owned and occupied only by an Eligible Household. On an annual date set by the Program Administrator, the Owner of the Unit, shall submit the following information to the Program Administrator: 1. A completely filled out compliance verification form stating that the Owner continues to meet employment and residency requirements, as applicable; and 2. A statement that the Owner owns no other Real Property with the exceptions provided for herein. The Program Administrator will provide either a paper or electronic form to DRHU Owners. Failure to provide information as required by the Program Administrator and any applicable deed restriction may result in forfeiture of appreciation, a sale mandated by the Program Administrator, or any other available remedy at law or equity. I. Leave of Absence – All DRHUs. A leave of absence for an Owner of a Deed Restricted Housing Unit may be granted at the sole discretion of the Program Administrator, subject to clear and convincing evidence that shows the reason for leaving and a commitment to return. Said evidence shall be in written form and presented to the Program Administrator for review and decision prior to the Owner leaving. The leave of absence shall be in accordance with the limitations as established in the subject Deed Restriction. In the case of an approved leave of absence, the Owner shall only rent to an Eligible Household. 1. Unless otherwise stated in the applicable deed restriction, any and all charges to rent a Deed Restricted Housing Unit during a leave of absence may not exceed the lesser of 1) Maximum Rental Rates for Rental Housing at 100% AMI* or 2) the Owner’s monthly housing expenses. *See the ECAHGAP for current Maximum Rental Rates. 2. Tenant(s) must submit a complete application and receive approval from the Program Administrator prior to occupancy. The Owner shall provide a copy of the executed lease agreement between the Owner and tenant to the Program Administrator. 3. If an DRHU is listed for sale and the Owner has relocated outside of Eagle County, the unit may, upon approval of the Program Administrator, be rented to an Eligible Household prior to completion of the sale. HPGAP 2023 13 Chapter 5 - Information for Property Managers of Price Capped and Resident Occupied Rental Units A. Application Process. Only Eligible Households may rent Price Capped and Resident Occupied Rental DRHUs, unless prohibited by other funding sources. Households must meet all other requirements of the Deed Restriction. The Property Manager must document how eligibility and income was confirmed and must keep a record of any documents supporting the eligibility determination. B. Annual Verification. The Property Manager of Price Capped and/or Resident Occupied Rental Units must verify annually that the Owners and tenants follow the applicable DRHU requirements. The Property Manager shall submit a written statement to the Town of Avon including the following information and certifying that such information is true and correct to the best of the Property Manager’s knowledge and belief. 1. A list of Owners or tenants who occupy the DRHUs in the prior calendar year and the evidence, to include income and employment documentation, submitted by such tenants to establish that their Households were Eligible Households; 2. A copy of the lease form currently used for tenants of the DRHUs; 3. Copies (which may be electronic) of all application information submitted by the Eligible Households occupying the DRHUs including but not limited to a copy of a driver’s license, voter registration, or vehicle registration information; Manager shall maintain Owner’s records with respect to the use and occupancy of the DRHUs available to the Town of Avon or its authorized agent for inspection upon request for audit to confirm compliance with the recorded deed restriction. Chapter 6 – Other – All DRHUs. A. Trust Ownership. An Eligible Household may seek a variance to allow the title of an DRHU to be held in trust for the benefit of a natural person who also meets the definition of an Eligible Household member. Such ownership in trust may only occur in the circumstances provided herein, at the sole discretion of the Program Administrator, on a case-by-case basis. In order to request a variance from the strict application of these Guidelines, the Applicant shall submit a letter requesting a special review to the Program Administrator as follows: 1. DRHUs may be held in trust only for the benefit of a natural person who due to a physical or mental impairment lacks the capacity to contract or is prevented by such impairment from acquiring title to a unit in their own name. The letter shall include documentation of such impairment and the basis for ownership in trust. It should be noted that the Applicant should submit any additional information reasonably requested by the Program Administrator to allow the Program Administrator to process this special request. 2. The beneficiary of the trust may not own other Real Property. HPGAP 2023 14 3. The beneficiary of the trust must be of the age of majority to qualify under this section. 4. The criteria set forth in the HPGAP may be met so long as the trust pre-qualifies for a loan. Further the trust must prove an adequate means of ensuring that expenses associated with ownership, including, but not limited to association dues and expenses are met. 5. Upon receipt of a request for a special review and any requested information and documentation, the Program Administrator may grant the request with or without conditions, in a timely manner. B. Short Term Rentals. Short Term Rentals are not permitted in any DRHU regardless of type. A Short Term Rental is defined in AMC Section 3.29.020 - Definitions. C. Foreclosures. In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the holder of a promissory note secured by a first deed of trust on a DRHU unit, the Town of Avon shall have the option to purchase the unit prior to public sale, which option shall be exercised as set forth in the deed restriction. The Owner has an obligation to notify the Program Administrator in writing once the Owner perceives a foreclosure difficulty. D. Other Title Transfers. In the event that title to a DRHU Transfers to a person or entity that is not an Eligible Household, the Non-Eligible Household must notify the Program Administrator of its intent as outlined below within 90 days of taking title to the unit. 1. The Non-Eligible Household may list the unit for sale, following the procedures outlined herein. 2. The Non-Eligible Household shall have one year to become an Eligible Household. In the event the Non-Eligible Household is unable to become an Eligible Household in one year then the unit shall be listed For-Sale as provided herein. 3. Non-Eligible Households shall not: a. Occupy the Deed Restricted Housing Unit; b. Rent all or any part of the DRHU, except in strict compliance with these Guidelines; c. Engage in any other business activity on or in the Housing Unit; d. Sell or otherwise Transfer the Housing Unit except in accordance with these Guidelines or applicable Deed Restriction. e. The Program Administrator may require the Non-Eligible Household to rent or sell the Housing Unit in accordance with the provisions of these Administrative Procedures. E. Tax Sale. In the event of a tax sale the deed restriction shall remain in full force and effect, shall run with and burden the land, and shall constitute a condition of the subdivision and land use approval which shall survive and sale of the DRHU through a tax lien sale process. F. Previous Guidelines. Within the 1990-1991 Avon Housing Guidelines, income limitations were classified as a “Category”. Under these HPGAPs, income limitations shall utilize AMI rates and levels, or whatever methodology in establishing income is employed by the Town of Avon Program Administrator. HPGAP 2023 15 Chapter 7 – Sales of Units. Price Capped Housing A. Sales of Price-Capped Housing Units. 1. Listing Units All Price Capped Housing Units must be listed for sale with the Program Administrator, its designee, or as specified by the applicable deed restriction. An Owner who wishes to sell the Price Capped Housing Unit must follow these steps: a. Execute a standard Listing Contract on forms approved by the Program Administrator. b. Consult with the Program Administrator to review the Deed Restrictions recorded against the unit to determine the Maximum Resale Price and other applicable provisions concerning a sale. c. The Program Administrator shall administer the sale in accordance with the requirements in effect at the time of listing. d. The Owner may consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services (excluding all sales fees), will be at the Owner’s own expense and shall not be included in the calculation of the Maximum Resale Price. 2. Inspection Prior to Sale The Owner shall undertake a listing inspection by the Program Administrator or assigns before executing a listing contract to determine the condition of the unit. a. The Owner shall pay for the cost of the inspection at the time of inspection. b. The inspector shall furnish a written report to the Owner and the Program Administrator. c. This information shall be furnished to the purchaser as a part of the seller’s property disclosure once a purchase contract has been executed. d. The inspection will be valid for no more than 60 days. The Owner shall replace or repair any items that are identified as unsatisfactory in the report at market value or reduce the listing price accordingly. 3. Sales Fees Unless otherwise set forth in the applicable Deed Restriction, at the closing of the sale, the Owner shall pay the Program Administrator or its designee a minimum sales fee of 2% (two percent) of the sale price. This fee offsets the administration and associated fees of selling a unit and does not act as a direct commission for a Town of Avon employee or third-party handling the transaction. a. The Owner must deposit 0.5% (one half percent) of the list price with the Program Administrator upon listing the unit for sale, known as the listing deposit. b. If the Owner fails to perform under the listing contract, rejects all offers, or withdraws the listing after advertising has commenced, the Owner shall not be refunded the listing deposit. c. The listing deposit shall be considered a budgeted amount for advertising and administrative costs that will be incurred by the Program Administrator. If the Program Administrator incurs HPGAP 2023 16 any additional costs, the Owner will be notified in advance by the Program Administrator and shall be responsible for those additional costs. d. Closing Costs Sellers of DRHUs shall not permit any prospective buyer to assume any of the seller’s customary closing costs, including the fees set forth herein, nor accept any other consideration that would increase the purchase price above a Maximum Resale Price to induce the seller to sell to such prospective buyer. B. Maximum Resale Price for Price-Capped Housing Units. No Owner of Price Capped For-Sale Housing shall sell the unit for an amount greater than the Maximum Resale Price for the unit. Maximum Resale Price will be calculated as follows: Base Price + Appreciation of Base Price + Permitted Capital Improvements – Depreciation of Capital Improvements + Sales Fee = Maximum Resale Price. There are no resale price limitations on Resident Occupied For-Sale Housing. C. Increases to Base Price and Permitted Capital Improvements for Price Capped Housing Units. Certain capital improvements to a unit may be included in a unit’s Maximum Resale Price. The following list outlines the costs that may be included in an Owner’s Base Price as "Permitted Capital Improvements" and provides a depreciation schedule for Permitted Capital Improvements. Base Price items are not counted against the Permitted Capital Improvement allowance. "Base Price": purchase price including garage, lot premium, or other developer inclusions The following improvements may be included in the Base Price with the written approval of the Program Administrator prior to the commencement of work: 1. Structural addition or addition of livable space including bathrooms, Bedrooms, exterior door, interior doors, baseboard, window casing, insulation, and plumbing (excluding fixtures) 2. Modifications or improvements to accommodate a person with a Disability as defined in the Americans with Disabilities Act of 1990. Permitted Capital Improvements depreciated on a 5-year schedule Replaced appliances Door locks (including smart) Gutters and downspouts Washer/Dryer Ceiling fans Heat Tape Water heaters Thermostats (including smart) Exterior paint Carpet/pad replacement Permanent fitted window blinds Storm doors Laminate flooring Health and safety protection Building permit fees New garage door openers Permitted Capital Improvements depreciated on a 20-year schedule HPGAP 2023 17 Hardwood or tile flooring Permanent landscaping Solar panels Solid stone countertops Trees Roof replacement (not reserved) Light fixtures Permanent irrigation systems Furnace replacement Plumbing fixtures Outdoor decks A/C, swamp cooler, split units Cabinets and vanities New fencing Closet organization systems Windows Improvements that are NOT Permitted Capital Improvements Jacuzzi, saunas, hot tubs, steam showers, etc. Work done without issuance of a building permit Maintenance, cleaning, painting, or improvements to existing mechanical systems, fixtures, appliances Decorative items including window coverings, lamps and lighting not affixed to walls or ceilings, bathroom towels bars, hooks, etc. Gas or electric fireplaces Cost of tools Removable items not attached to the unit Equipment rental Security and smart home systems Unless otherwise identified in the recorded deed restriction, the actual costs of Permitted Capital Improvements made to a unit shall not exceed 10% of the Initial Sales Price for a five-year term, regardless of changes in ownership. For every subsequent five-year period, an additional 10% of the value of the unit at the beginning of that five-year period may be added into the value as Permitted Capital Improvements. The five-year period for Permitted Capital Improvements shall not reset merely upon resale. No costs incurred in one five-year term may be rolled into a different five-year term. For an Owner to request Base Price Improvements and/or Permitted Capital Improvements be added to the Maximum Resale Price, Owners must retain original receipts and invoices. Additionally: 1. Upon completion of the work the following must be submitted to the Program Administrator: a. Legible copies of receipts for materials and or invoices for purchases. b. Proof of payment by a third party and itemized invoice receipt for work performed. 2. In calculating the costs allowed as Permitted Capital Improvements, only the Owner’s actual out of pocket costs and expenses shall be eligible for inclusion. Such an amount shall not include an amount attributable to the Owner's labor, or that of their employees or business, or to any appreciation in the value of these improvements. 3. If an Owner pays cash for improvements, the Owner must provide third party documentation of payment. An Owner must have an invoice for improvements, but if no such documentation of proof HPGAP 2023 18 of cash payment can be produced, the Program Administrator can inspect the improvement completed in the unit. Up to 75% of documented invoice value may be included after an inspection, subject to depreciation, at the Program Administrator’s sole discretion. 4. Work that requires and is performed without the issuance of all required building permits or property owners’ association approval will not be included as a Base Price or Permitted Capital Improvement. 5. The value of the Permitted Capital Improvements will be added to the appreciated value of the unit at the time of sale. No appreciation is allowed on Permitted Capital Improvements. 6. Other improvements to the Affordable Housing unit are allowed, but adjustments to the Maximum Resale Price will only be given for Base Price and Permitted Capital Improvements. If a Base Price Improvement and/or Permitted Capital Improvements or an improvement included in the Base Price of the unit is removed or is no longer operational, the actual cost of the improvement shall be deducted from the Base Price or Permitted Capital Improvement schedule. No other categories or types of expenditures may qualify as Permitted Capital Improvements unless pre-approved in writing by the Program Administrator. Chapter 8 – Compliance and Enforcement – All DRHUs A. Required Documents. The Avon or the Program Administrator may request any and all documents and information necessary to establish continued compliance with any restriction and with the HPGAP as amended from time to time. The Owner of a Deed Restriction will provide documents that may include but are not limited to: Federal and State Income Tax Returns, W2’s, 1099’s, bank statements, vehicle and license information, pay stubs and invoices for utility payments. All information will maintain the confidentiality of financial information as provided by law. B. Non-Qualified Transferee. In the event that title to a Unit vests in any individual or entity that is not a Qualified by descent, by foreclosure and/or redemption by any lien or mortgage holder (except any holder of a HUD-insured First Mortgage), or by operation of law or any other event, the County may elect to notify the Non- Qualified individual or entity that it must sell the Unit in accordance with this Guide. A Non-Qualified individual or entity shall not: (i) occupy a Unit; (ii) rent all or any part of a Unit, except in strict compliance with the corresponding deed restriction and as approved in writing by the Avon; (iii) engage in any business activity on or in a Unit; (iv) sell or otherwise transfer a Unit except in accordance with the applicable procedures; or (v) sell or otherwise transfer a Unit for use in trade or business. C. Failure to Comply. In the event an owner fails to comply with any of the restrictions, Avon may, but is not required to, provide notice to the owner of the unit in violation and provide an opportunity for the owner to cease and desist or cure. In the event a Unit is occupied, transferred or leased in violation of a deed restriction, Avon may, at its sole discretion, notify an Owner that it must immediately list the Unit for sale. HPGAP 2023 19 D. Uncured Violation. In the case of such an uncured violation, if required by Avon, the Owner shall: (i) consent to any sale, conveyance or transfer of such Unit to a Qualified Owner; (ii) execute any and all documents necessary to do so; and (iii) otherwise reasonably cooperate with the County to take actions needed to accomplish such sale, conveyance or transfer of such Unit. For this purpose, Owner constitutes and appoints Avon or the Program Administer as the Owner’s true and lawful attorney-in-fact with full power of substitution to complete or undertake any and all actions required or as set forth elsewhere in the corresponding deed restriction. It is further understood and agreed that this power of attorney, which shall be deemed to be a power coupled with an interest, cannot be revoked. Owner specifically agrees that all power granted to the County under this Covenant may be assigned by it to its successors or assigns. E. Required Rental. In all situations where the provisions of this section apply, Avon may alternatively require the Owner to promptly rent their Unit to a lessee that is deemed a Qualified Occupant in accordance with the requirements of this Covenant and subject to the one (1) year limit while the Unit is listed for sale. F. Preservation of Deed Restricted Unit. In order to preserve the value of community housing, specifically, for persons of low to moderate income, and or to ensure the physical condition of the DRHU, Avon shall also have and is hereby granted the right and option to purchase a DRHU, exercisable within a period of fifteen (15) calendar days after notice is sent by Avon to the Owner that requires the Owner to sell the Unit due to a violation pursuant to this Section. Avon shall complete the purchase of such Unit within thirty (30) calendar days after exercising its option hereunder for a price equal to the lesser of the appraised market value of the Unit, as determined by the Program Administer in its reasonable, good faith judgment, or the Maximum Sale Price as may be limited by the underlying deed restriction. Chapter 9 – Grievance Procedures – All DRHUs. A grievance is any dispute that a unit Owner or potential purchaser may have with the Town of Avon or the Program Administrator with respect to action or failure to act in accordance with the rights, duties, welfare, or status of these persons or entities under these Guidelines. Procedures for filing such a grievance are as follows: 1. A written grievance must be presented to the Program Administrator. It shall specify: a. The particular ground(s) upon which the grievance is based; b. The action requested; and c. The name, address, telephone number, email address of the Owner filing the grievance and similar information about his/her representative, if any. 2. Upon receipt of a written grievance, the Program Administrator shall meet with the Owner to review the grievance and resolve the issue, if possible. 3. If the issue is not resolved, the Owner may request a hearing before the Town Council. Rules for the hearing before the Town Council follow the provisions of the Town of Avon Municipal Code. HPGAP 2023 20 APPENDIX A – DEFINITIONS These definitions provide consistency in discussing housing with the Town of Avon. Some definitions may not be solely found within this document but may be within Deed Restrictions, the Avon Municipal Code, or the Town of Avon Housing Plan or similar. Adjusted Gross Income – The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property. Eagle County Administrative Procedures – The Eagle County Affordable Housing Guidelines Administrative Procedures. Affordability Gap – The difference between the median home price in each Eagle County community (as defined by zip code) and the average buying power of a typical household in that community, as provided for in the Administrative Procedures. Applicant – An owner of Real Property, the owner's representative, or owner of an option to acquire the property or portion thereof, who is authorized to represent and/or act upon any application or submittal. Area Median Income (“AMI”) – The estimates of median household income compiled and released annually by the United States Department of Housing and Urban Development. Attainable Housing – All Deed Restricted Housing Units regardless of price. Units include Price Capped For-Sale Housing, Price Capped Rental Housing, Resident Occupied For-Sale Housing, and Resident Occupied Rental Housing. Assets – Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contract to obligations due others. See also definition for Gross Assets and Net Assets. Avon Resident – Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer. Bedroom – That portion of a dwelling Unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Building Code requirements for egress, light, and ventilation. Capital Improvements – Any fixture erected as a permanent improvement to Real Property or that which adds to the value of the Real Property. Co-signer – A joint signer of a promissory note who may not be listed on the deed of ownership on the housing unit unless required by the Program Administrator. Commercial Development – Any development that is not a Residential Development for which a Development Permit is required. Institutional uses such as government buildings, schools, hospitals, HPGAP 2023 21 churches and other religious institutions, and facilities operated by non-profit service agencies are considered Commercial Development for purposes of these Guidelines. Commercial Mitigation – See AMC Section 7.20.100 Employee Housing Mitigation Community Housing – Residential housing which is subject to a deed restriction that limits use to long-term residential use as a primary residence by qualified persons and which deed restriction may impose other restrictions and limitations and may include terms deemed appropriate in the Council's sole discretion, including but not limited to controls on the resale price of such residential property, and which deed restriction is enforceable by the Town. See AMC Section 3.14.20 - Definitions Comprehensive Plan – Officially adopted by the Town of Avon, that sets forth the recommendations and policies for guiding future growth and development while providing for the public’s health, safety, and general welfare. This Plan works in conjunction with the West Town Center District Investment Plan; the East Town Center District Plan; the Master Plan for Harry A. Nottingham Park; the 2016 Recreational Trails Master Plan; and the Town of Avon Comprehensive Transportation Plan, any other document adopted as a supplement or sub-area plan of the Avon Comprehensive Plan. All such documents may be amended from time to time, provided such amendments or supplemental documents are adopted by ordinance. The Avon Comprehensive Plan also incorporates functional plans, such as the Avon Community Housing Plan. Consumer Price Index (C.P.I.) – The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. Cost Burdened Household – A Household that is paying more than 30% of its income for housing costs. County Resident – Person living and/or working within Eagle County or persons having a job commitment with an employer located in Eagle County. Deed Restricted Housing Unit or Housing Unit or DRHU – A Unit subject to certain perpetual occupancy, rental, or ownership restrictions. Debt/Income Ratio – The ratio of the monthly debt serviceable as a percentage of Gross Income. Development Permit – Any preliminary or final approval of an application for rezoning, planned Unit development, amendment of an existing planned Unit development, special use permit, subdivision, or similar application for new construction. Applications for a building permit where no previous condition of approval required housing mitigation. Disability – A physical or mental impairment that substantially limits one or more of the major life activities of such for an individual. Displaced Tenants – Any person who is removed from his/her residence due to conversion or reconstruction of a project. HPGAP 2023 22 Eagle County Employee – Eagle County Employee as defined in Section 3.12.020 Definitions. This section States: Eagle County employee means an employee working in Eagle County who works an average of at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his or her income and earnings by working in Eagle County; or a retired individual, sixty (60) years or older, who has worked a minimum of five (5) years in Eagle County for an average of at least thirty (30) hours per week on an annual basis; or a person who derives income from self-employment whose business is situated in Eagle County; or a person who works for an employer outside Eagle County if that person can demonstrate that the residence for which such person seeks an exemption under this Chapter is the primary residence for that person. Eligible Household – A Household that meets qualifying criteria used in establishing occupancy. Emergency Worker – An employee or volunteer of a community-based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department Workers; Mountain Rescue; Sheriff's Deputies; Police Officers'; Hospital Emergency Room technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Employee – Employee means a person employed in a building or on a property during normal periods of use. Employer – A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in the Town of Avon and/or Eagle County. Employee Housing – That housing used exclusively for persons employed in Eagle County. Equity – That interest or value remaining in property after payment of all liens or charges on the property or the monetary interest the owner has over and above the mortgage indebtedness. FHA – Federal Housing Administration. Financial statement – A statement detailing all personal Assets, liabilities, and net worth (the difference between Assets and liabilities) as of a specific date. Gross Assets – Anything which has tangible or intangible value. Property of all kinds, real and Personal, tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. The entire property of a person, association, corporation, or estate that is applicable or subject to the payment of their to its debts. Gross Household Income – Total amount of income a Household earns in one year from all sources before taxes. Gross Income – The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. HPGAP 2023 23 Household – All individuals who will occupy a Unit regardless of legal status or relation to the owner or lessee. Household Income Combined – Adjusted Gross Income of all individuals who will be occupying the Unit regardless of legal status. Housing Plan – A written plan submitted to the Town of Avon describing how an Applicant will satisfy the minimum recommendations of the Avon Municipal Code or as required through a Development Agreement as approved by Town Council. Inclusionary Housing – The provision of Affordable Housing in Residential Developments to ensure adequate housing stock for local residents and to maintain or increase the current ratio of primary to secondary home ownership. Initial Sales Price – The maximum price for which a Price Capped For-Sale Housing may be initially sold. Joint Tenancy – Title in real estate owned by two or persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants. Drawing – A drawing of qualified households needed to select a winner from equal Applicants, who are tied for highest priority. Maxi-Bid Price – Calculation of purchase price multiplied by the appreciation (as identified in the Resale Agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Maximum Rental Rate – The maximum monthly rent payment for a Price Capped Rental Housing Unit, as provided for in the Administrative Procedures. All ongoing fees required to be paid by the resident (including but not limited to utilities and mandatory parking fees) must be included within the Maximum Rental Rate. Maximum Resale Price – The maximum amount an owner can sell the Housing Unit for per the deed restriction requirements. Mi Casa Avon – ¡Mi Casa Avon! is a Deed Restriction program that assists Avon’s workforce in purchasing homes within the Town of Avon with the intention of preserving the Unit for full-time residents in perpetuity. Minimum occupancy – One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. Net Assets – Gross Assets minus Liabilities. Non-Eligible Household – A Household that does not qualify as an Eligible Household. Occupancy and Resale Deed Restriction and Covenant – A contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale. HPGAP 2023 24 Owner – The Owner of record of the DRHU according to the Clerk and Recorder of Eagle County during their period of ownership interest. Payment in Lieu – A payment made to the Town of Avon to satisfy a Project’s recommended Housing mitigation. Price Capped For-Sale Housing – Housing subject to a Deed Restriction requiring that the Housing meet Initial Sales Prices, resale price appreciation limits, quality, and other criteria set forth in this document. Price Capped Rental Housing – Rental housing subject to a Deed Restriction requiring that the Housing meet Rental Rate Restrictions, quality, annual compliance and other criteria set forth in this document. Price Capped Housing – collectively refers to Price Capped For-Sale Housing and Price Capped Rental Housing. Primary Residence – The occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the Applicant is not registered to vote in any other place); stated address on Colorado driver's license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; stated residence for income and tax purposes; and such other circumstances as well as such processes for verification and investigation deemed appropriate by the Town Manager to determine that the buyer is continuously occupying and using the residence as a Primary Residence. Program Administrator – The Administrator of the Town of Avon Housing Guidelines and Deed Restricted programs. The Housing Administrator shall be the community Development Director unless the Town Council or Town Manager appoints another person or housing authority to manage housing programs. Qualified Person – a person who has been vetted suitable as a qualified buyer or qualified resident by the Program Administrator. Real Property – Property other than personal property as defined by the statutes of the State and does not include trailers or mobile homes, except trailers or mobile homes, which, by way of a foundation, have become attached as fixtures to the land on which they are located. Rental Rate Restrictions – The maximum Rental Rate for which a Price Capped Rental Housing unit may be leased, as provided for in this document or deed restriction. Retired Person or Older Person – a person at least 60 years of age or more at the time of initial occupancy. Resale Agreement – A contract entered into between the Town and the purchaser at the time of closing identifying the conditions of occupancy and resale. Resident Occupied For-Sale Housing – Housing subject to a Deed Restriction requiring that the Housing be owned and occupied by an Eligible Household as its Primary Residence as set forth in this document. HPGAP 2023 25 Resident Occupied Rental Housing – Rental housing subject to a Deed Restriction requiring that the Housing be occupied by an Eligible Household as its Primary Residence as set forth in the Guidelines. Resident Occupied Housing – collectively refers to Resident Occupied For-Sale Housing and Resident Occupied Rental Housing. Short Term Rentals – 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. Tenancy-in-common – Ownership of property between two or more Persons who have an undivided interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to their heirs or beneficiaries and not to the surviving tenants in common. Transfer – Any grant, conveyance or alienation of Real Property, as evidenced by deed, instrument of conveyance or exchange, or any other writing wherein or whereby title to Real Property is granted, conveyed or alienated, or the conveyance of a possessory interest including any other indicia of ownership without the passing of legal title. HPGAP 2023 26 APPENDIX B – DEED RESTRICTION TEMPLATES Community Housing Deed Restriction – Developer Community Housing Deed Restriction – Employer Various Price Capped Replacement Deed Restrictions HPGAP 2023 27 APPENDIX C – RECOMMENDED LANGUAGE FOR USE IN LEGAL DOCUMENTS E.g., Declarations and Covenants, Plat Notes, etc. THE TOWN OF AVON 1990/91 AFFORDABLE HOUSING GUIDELINES Attachment C PURPOSE "TO ASSURE THE EXISTENCE OF A SUPPLY OF DESIRABLE AND AFFORDABLE HOUSING FOR PERSONS EMPLOYED IN AVON AND EAGLE COUNTY, SENIOR CITIZENS, THE HANDICAPPED, AND OTHER QUALIFIED PERSONS OF AVON AND THE COUNTY, WHICH ARE NECESSARY FOR A BALANCED COMMUNITY." RENTAL/SALE REQUIREMENTS CRITERIA, SPECIFICATIONS, PROCEDURES AND PRIORITIES The following Rental/Sale Requirements for Affordable Housing Units establish admission and occupancy criteria for affordable housing units. A. OCCUPANCY, INCOME AND ASSET REQUIREMENTS a.OCCUPANCY REQUIREMENTS - To be eligible for affordable rental/ sale housing, a person must propose to occupy the unit as their primary residence and meet the criteria: A person must qualify as follows: i.An Employee, as defined in the Definitions to these Guidelines; ii.A Senior, as defined in the Definitions to these Guidelines; iii.A Handicapped Person, as defined in the Definitions to these guidelines; or iv.A dependent of any of the above who proposes to live in the affordable housing unit. (Note: Anyone claiming a dependent must claim the dependent on their Income Tax Returns.); and b.An individual owning a local residence must agree to list that residence within 90 days of closing on the affordable housing unit. The residence must be sold within one year of closing on the affordable housing unit or the individual must be able to demonstrate a good faith effort was and is being made to sell the unit. The value of this property will be excluded from the gross asset limitation and included in the net asset limitation calculation. c.If an individual owns vacant land when leasing or purchasing a restricted affordable housing unit, as soon as the land is improved with a residence, the individual must relinquish the affordable rental unit or list and sell the ownership interest in the affordable sales housing unit or agree to restrict the new unit(s) to affordable housing as provided in these guidelines. 2.INCOME RANGE Household income individual(s) income) shall not maximums per year:(defined as combined exceed the following INCOME MAXIMUM Category #1 - $0 - $29,999 The range for this category is derived by taking up to the 30th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. Category #2 - $30,000 - $44,999 The range for this category is derived by taking from the 31st to the 59th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. Category #3 - $45,000 - $59,000 The range for this category is derived by taking from the 60th to the 78th percentile of the household income reported in the 1989 1990 Eagle County Housing survey. NOTE: A household below an income limit wishing to purchase a unit restricted under a higher category, may qualify for a unit restricted under a higher category. Each non-working dependent qualifies for $5,000 addition to income. 3. ASSET LIMIT - Net Assets shall not exceed $40,000 (category 1), $75,000 (Category 2), $100,000 (Category 3) and not exceed $150,000 Gross Assets for any category. Any purchaser who has assigned, conveyed, transferred, or otherwise disposed of property within the last two years without fair consideration in order to meet the asset limitations shall be ineligible. B. PRIORITY FOR RENTAL OF AFFORDABLE HOUSING UNITS Persons desiring to lease a Deed Restricted Affordable Housing Unit, shall be given priority for units according to the following guidelines. Avon Residents shall receive highest priority, with county Residents receiving second priority. Persons shall be prioritized by years of consecutive residency. (See Definitions of Avon Resident and County Resident). 1. Qualified persons living within the same complex meeting occupancy, income and asset standards. 2. Qualified persons living within a Deed Restricted Affordable Housing Unit in Avon meeting occupancy, income, and asset standards. 3. Qualified Avon Residents meeting occupancy, income, and asset standards, needing to readdress occupancy standards. 4. Qualified Avon Residents meeting the occupancy, income and asset standards. 5. Qualified county Residents meeting occupancy, income, and asset standards, needing to readdress occupancy standards. 6. Qualified County Residents meeting the occupancy, income and asset standards. 7. Avon Employers. The Authority will provide an acceptable lease. Employers cannot occupy the affordable housing unit. 8. County Employers. The Authority will provide an acceptable lease. Employers cannot occupy the affordable housing unit. 9. Emergency Workers may qualify for a. higher priority category upon a finding by the Town that there exists an immediate community need to house an individual(s) falling within this category of workers in an affordable housing unit within Avon. 10. First priority for handicapped accessible units given to handicapped persons prioritized by residency. C. PRIORITY FOR SALE OF AFFORDABLE HOUSING UNITS Qualified Persons desiring to purchase an affordable housing unit shall receive preference and be prioritized by length of consecutive residency according to the following: Avon Residents shall receive priority, with County Residents receiving second priority (see definitions of Avon Resident and county Resident). 1. Highest offer price below or equal to stated maximum. The Authority or Owner reserve the right to reject any and all offers. In addition, the Authority may set a minimum offer price, below which no offers will be accepted. 2. Qualified person(s) meeting income and asset standards with a present ownership interest (joint tenants in common) in the affordable housing unit. The purchase price for this interest shall be equal to or greater than all other offers and not exceeding the maximum allowable offer price. 3. Qualified person(s) meeting income and asset standards chosen by the remaining owner(s) to purchase the interest of another owner provided that the offer is equal to or greater than other offers received but not exceeding the maximum allowable offer price. 4. Qualified Spouses and/or Children of current owners meeting income and asset standards. 5. Qualified persons meeting income and asset requirements. a. With minimum occupancy. b. No minimum occupancy. 6. Upon a finding by the Town, Employers may purchase units and are the last priority. Employers who purchase units are subject to different Occupancy, Resale, Deed Restriction, and Covenant which can be obtained through the Town for review Avon employers will receive priority over County employers. 7. Qualified persons. a. With minimum occupancy. b. No minimum occupancy. 8. First priority for handicapped given to handicapped persons prioritized by length of residency. 9. Qualified persons who are removed from their residence in Eagle County due to conversion or reconstruction of their residence may receive higher priority upon a finding by the Town. D. VERIFICATION REQUIRED BY APPLICANT TO QUALIFY FOR AFFORDABLE HOUSING UNITS The applicant combination, of residency, shall provide upon request by the Town any or all, of the following documentation as proof employment and income: 1. Federal Income Tax return forms. a. Applicant must provide the last four (4) years of Federal Tax Returns, an audited financial statement, or acceptable documentation to the Town. b. No greater than a 20 percent difference between income reported on tax returns and current income statements will be accepted without acceptable documentation of the difference. 2. Verification of current employment or job commitment in Avon or Eagle County (i.e., wage stubs, employer name, address, and phone number or other appropriate documentation as requested by the Authority). 3. Landlord verification (proof of residency, physical address). 4. Valid Colorado Driver's License (address, issue date). 5. Verification of Telephone service (date of installation, person listed to). 6. Vehicle insurance and registration. 7. Voter registration. 8. Deposits for down payment shall be verified by the holder of such funds. 9. Any documentation which the Town deems necessary to make a determination. NOTE: In addition to the initial verification requirements set forth above, rental applicants shall be reviewed and verified annually to ensure that they continue to meet occupancy, income, and asset requirements under the Guidelines as they are adopted from time to time. Units for which the renter fails to meet these requirements shall be made available for lease according to these Guidelines. Upon notice that the requirements are no longer met, renters will be given a maximum of a 10-month lease to provide them the opportunity to locate other housing. E. ADDITIONAL INFORMATION 1. Any co-ownership interest other than joint tenancy or tenancy-in-common must be approved by the Town. 2. All transactions regarding the conveyance of any of the units shall be subject to the Occupancy and Resale Deed Restriction and Agreement. 3. Co-signers may be approved for ownership projects but shall not occupy the unit unless qualified by the Town. 4. The following procedures are described for the reader's information and some of which are delineated in the Occupancy and Resale and Agreement which is required to purchase of the Affordable Housing Unit. a. Units with the highest offers of equal amounts and equal priority status shall be placed in a lottery, which will be held within a reasonable amount following the deadline for bids. b. Leave of Absence may be granted for one year subject to clear and convincing evidence, which shows a reason for leaving and a commitment to return to the Avon/Eagle County area and shall be approved by the Town. Said evidence shall be in written form presented to the appropriate Homeowner's Association and to the Town 30 days prior leaving for review and recommendations. The Leave of Absence shall be for one year and may, at the discretion of the Town, be extended for one year, but in no event shall it exceed two years. The unit may be rented under the Town's rental guidelines, during said year or years, to a qualified resident in the Town of Avon and/or Eagle County. After verification and qualification of tenant(s), a copy of the executed lease shall be furnished to the Town. c. If a unit is listed for sale and the owner must relocate to another area, the unit may, upon approval of the Town be rented to a qualified resident, approved by the Town. A letter must be sent to the Town Offices requesting permission to rent the unit until sold. A minimum six (6) month written lease must be provided to the tenants with a sixty (60) day move out clause upon notification that the unit is sold. All tenants must obtain verification from the Town and the unit must rent as defined in the terms of the Occupancy and Resale Deed Restriction and Agreement on the unit. F. DEED RESTRICTIONS The reader is referred to the “Occupancy and Resale Deed Restriction and Agreement”, which is available at the Town of Avon Offices. G. FORECLOSURE The Town of Avon (the "Town") may, pursuant to an agreement entered into in connection with any first lien deed of trust or mortgage to be secured by the affordable housing unit, agree to release and waive their ability to enforce the resale restrictions contained herein, in the event of foreclosure, provided that such agreement grants to the Town Council and Authority, the option to acquire the affordable housing unit within 30 days after the expiration of the statutory redemption period for an option price not to exceed the redemption price on the last day of the redemption period. The following option provisions shall be included in loan documents, or in a separate agreement entered into in connection with loan documents, and shall be executed by the lender, the Town council, and the Authority. In the event of a foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust or mortgage on the affordable housing unit, and subject to the issuance of a pul1,lic trustee's or sheriff's deed to the holder following the expiration of the borrower's redemption rights, the Housing Authority of the Town of Avon ("Authority") and the Town Council of the Town of Avon, Colorado (the "Town Council") shall have the option to purchase the affordable housing unit which shall be exercised in the following manner: 1. Notice. The holder shall give notice to the Authority and the Town Council that a certificate of purchase with respect to the affordable housing unit has been issued to said holder by the Public Trustee of Eagle County. such notice will be given within 10 days of the issuance of the certificate. Notice shall be deemed given upon being placed in the U.S. Mail, First-class postage prepaid, and addressed as follows: Town Manager, Town of Avon P.O. Box 975 Avon, CO 81620-0975 2. First Option. The Town council shall have 15 days after the expiration of the borrower's statutory right to redeem in which to exercise its option by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower on the last day of the redemption period. 3. second Option. The Authority shall have 15 days after the expiration of the Town Council’s option as set forth above to exercise its option to purchase the affordable housing unit by tendering to the holder, in cash or certified funds an amount equal to the redemption price which the borrower would have been required to pay on the last day of the redemption period. 4. Title. Upon receipt of the option price, the holder shall deliver to either the Authority or the Town Council a special warranty deed, conveying the property to either the Authority or the Town Council. Title shall be merchantable, free and clear of liens and encumbrances which would render title unmerchantable. In the event that neither the Authority or the Town council exercise their respective options as provided above, the Authority and the Town Council shall cause to be recorded in the records of the Clerk and Recorder of Eagle County, a full and complete release of the covenants restricting such unit to Affordable Housing use which appear in said records in Book ( ) Page ( ). Such release shall be placed of record within three days after demand therefore by the holder following expiration of the options. DEFINITIONS Adjusted Gross Income – The total income derived from a business, employment, and from income producing property, less deductions for depreciation, taxes, and similar allowances related to the business or income producing property. Assets – Anything owned by an individual, which has commercial or exchange value. Assets consist of specific property or claims against others, in contract to obligations due others. See also definition for Gross Assets and Net Assets. Authority – The Housing Authority of the Town of Avon. Avon Resident – Person living and/or working within the Town of Avon, or persons having a job commitment with a Town of Avon employer. Bedroom – That portion of a dwelling unit intended to be used for sleeping purposes, which may contain closets, may have access to a bathroom and which meets Uniform Building Code requirements for light and ventilation. Capital Improvements – Any fixture erected as a permanent as a permanent improvement to real property or that which adds to the value of the property. Co-signer – A joint signer of a promissory note who shall not be on the deed of ownership on the housing unless qualified under the Guidelines but may be collateralized by a lien. Consumer Price Index (C.P.I.) – The Consumer Price Index (C.P.I.) as published by the Bureau of Labor statistics in the U.S. Department of Labor, for All Urban Wage Earners and Clerical workers (CPI.W) U.S. average all items. County Resident – Person living and/or working within Eagle County or persons persons having a job commitment with an Eagle County employer. Debt/Income Ratio – The ratio of the monthly debt serviceable as a percentage of gross income. Displaced Tenants – Any person who is removed from his/her residence due to conversion or reconstruction of a project. Emergency Worker – An employee or volunteer of a community based organization that provides immediate response health and safety services, including, but not limited to the following: Fire Department Workers; Mountain Rescue; Sheriff's Deputies; Police Officers'; Hospital Emergency Room technicians; Social Service workers (mental health and abuse case workers); ambulance drivers and EMT's. Employee – A person who works a minimum of 30 hours per week, 9-months per year, in Eagle County. Employer – A business whose business address is located within Eagle County whose business employs employees (as defined herein) within Eagle County, and whose business taxes are paid in Eagle County. Equity – That interest or value remaining in property after payment of all liens or charges on the property or the monetary interest the owner has over and above the mortgage indebtedness. Financial statement – A statement detailing all personal assets, liabilities, and net worth (the difference between assets and liabilities) as of a specific date. Gross Assets – Anything which has tangible or intangible value. Property of all kinds, real and Personal, tangible and intangible, including, inter alia, for certain purposes, patents and causes of action which belong to any person including a corporation and the estate of a decedent. The entire property of a person, association, corporation, or estate that is applicable or subject to the payment of his or her to its debts. Gross Income – The total income derived from a business, employment and from income producing property, before deductions for expenses, depreciation, taxes and similar allowances. Handicapped Person – A person shall be considered handicapped within the meaning of the Rehabilitation Section 504 Act of 1973 and C.R.S.24-34-301. Household Income Combined – Adjusted gross income of all individuals who will be occupying the unit regardless of legal status. Joint Tenancy – Title in real estate owned by two or persons with right of survivorship, which upon the death of one, vests in the remaining joint tenant or tenants. Lottery – A drawing of lots to select a winner from equal applicants of highest priority. Maxi-Bid Price – Calculation of purchase price multiplied by the appreciation (as identified in the resale agreement) plus capital improvement costs including labor, if professionally provided, and for which verification of the expenditure is provided. Minimum occupancy – One person (with a leasehold/ownership interest) per bedroom. A minor child or dependent shall be granted equal status. Net Assets – Gross assets minus liabilities. Occupancy and Resale Deed Restriction and Covenant – A contract entered into between Town and the purchaser at time of closing identifying conditions of occupancy resale. Qualified Person – A full-time employee who is paid annually on a basis of 1170 or more hours per year, senior, handicapped person, or dependent of any of these, as defined by the IRS who elect to execute a contract with the Authority obligating such person ( s) to occupy the affordable housing unit as their sole place of residence. Resale Agreement – A contract entered into between the Town and the purchaser at the time of closing identifying the conditions of occupancy and resale. Senior – A person the age of 62 years or more. Tenancy-in-common – Ownership of property between two or more Persons who have an undivided interest in the whole property; no right of survivorship, when one of the owners dies, the interest passes to his or her heirs or beneficiaries and not to the surviving tenants in common. 970-748-4013 idejong@avon.org TO: Honorable Mayor Phillips and Council Members FROM: Ineke de Jong, General Government Manager RE: Wildridge FireWise Accreditation DATE: July 19, 2023 SUMMARY: Hugh Fairfield-Smith, Fire Management Officer with the Eagle River Fire Protection District will attend Tuesday’s meeting to present information about the Wildridge FireWise Accreditation. Firewise USA® is a framework that helps neighbors work together to reduce wildfire risk through education and collaboration. The presentation is for information only, and no Council action will be required. Thank you, Ineke ATTACHMENTS: Attachment A: Wildridge FireWise Accreditation Presentation Wildridge FireWise Accreditation FireWise Accreditation Firewise USA® is a national program hosted by the National Fire Protection Association (NFPA). Firewise USA® is a framework that helps neighbors work together to reduce wildfire risk through education and collaboration. FireWise •Participation is voluntary. •Community wildfire risk can be reduced by neighbors, and organizations working together. •Increases goodwill with first responders, providing safer access. •Increases community communication, collaboration, and emergency preparedness. •Potential consideration by home insurance companies (USAA and Mercury). •Potential access to grant money. •Creating a community that is resilient to the wildfire threat. 970.748.4004 eheil@avon.org TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager RE: Ordinance No. 23-04 Use Tax on Construction Materials DATE: June 9, 2023 SUMMARY: Ordinance No. 23-04 Use Tax on Construction Materials is presented to Council for first reading. Ord. 23-04 would refer a 4% Use Tax on Construction Materials question to the November 7, 2023 election. Tax questions in Avon must be referred to November elections in accordance with the Tax Payors Bill of Rights (“TABOR”). TABOR requires ballot content to be certified to the County Clerk for coordinated elections by September 8, 2023. Council has regular meetings on July 25, August 8 and August 22 before the September 8, 2023 deadline to certify ballot content. 4% USE TAX ON CONSTRUCTION MATERIALS: The proposed Use Tax would only apply to new construction. The proposed Avon Municipal Code amendment to adopt Chapter 3.09 includes an exemption for $50,000 of work in a calendar year, which is intended to exempt home improve projects and other small projects. This exemption is much higher than exemptions in other communities (Vail has a $10,000 exemption). VOTER POLLING: Avon conducted voter polling in early summer of 2022. The voter polling results indicated community support for the Use Tax’; however, Council decided in 2022 to focus efforts on the Regional Transportation Authority and took action to only refer the formation of the Regional Transportation Authority to the Avon electorate. The vote on the Regional Transportation Authority was successful. It was acknowledged last August that Council contemplated referring the Use Tax ballot question to the Avon electorate in November, 2023. FINANCIAL ANALYSIS: The following chart depicts Use Tax that would have been collected over the last 10 years. COMMERCIAL AND RESIDENTIAL CONSTRUCTION LAST TEN FISCAL YEARS Total Illustrated Total Commercial Construction Residential Construction Building Construction Permits Square No. of Construction Use Year Issued Footage Value Units Value Value Tax 2013 159 217,293 $ 27,121,876 12 $ 9,027,760 $ 36,149,636 $ 722,993 2014 156 - 1,500,000 10 13,735,900 15,235,900 304,718.00 2015 153 114,614 14,336,000 10 6,970,000 21,306,000 426,120.00 2016 158 90,309 21,525,147 7 8,551,360 30,076,507 601,530.14 2017 167 60,043 29,298,052 6 18,930,069 48,228,121 964,562.42 2018 164 93,579 37,542,440 20 15,120,198 52,662,638 1,053,252.76 2019 177 23,276 11,851,054 278 64,258,298 76,109,352 1,522,187.04 2020 169 36,082 14,430,422 12 10,341,682 24,772,104 495,442.08 2021 208 7,900 1,957,878 20 31,467,170 33,425,048 668,500.96 2022 215 131,676 34,500,000 127 164,909,400 199,409,400 3,988,188.00 Page 2 of 2 FINANCE COMMITTEE: Staff presented general information on the Use Tax to the Finance Committee on May 3, 2023. The Finance Committee supported Council moving forward to refer the question of the Use Tax to the November 7, 2023 election. VILLAGE (AT AVON): The existing development agreement with Traer Creek LLC contemplates that if a Use Tax is adopted then the revenues would be credited and pledged to Traer Creek Metropolitan District to finance public improvements in the Village (at Avon). Staff has experienced continued complications with attempting to collect the sales tax on construction materials which we will discuss further at the Finance Committee meeting. Additionally, the adoption of a Use Tax can be expected to generate significantly more revenue from new construction than the imposition of the Sales Tax on construction materials. Additional revenues from a Use Tax would accelerate the repayment of debt obligations backed by Town of Avon tax credits in accordance with the Village (at Avon) Development Agreement. PROPOSED MOTION: “I move to approve Ordinance No. 23-04 REFERRING A BALLOT QUESTION REGARDING USE TAX ON CONSTRUCTION MATERIALS TO THE NOVEMBER 7, 2023 ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO ESTABLISH CHAPTER 3.09 USE TAX ON CONSTRUCTION MATERIALS on first reading.” Thank you, Eric ATTACHMENT A: Ordinance No. 23-04 Use Tax on Construction Materials ATTACHMENT B: Regional Use Taxes ATTACHMENT C: Use Tax Presentation July 20, 2021 Ord 23-__ Use Tax on Construction Materials July 25, 2023 Page 1 of 2 ORDINANCE NO. 23-04 REFERRING A BALLOT QUESTION REGARDING USE TAX ON CONSTRUCTION MATERIALS TO THE NOVEMBER 7, 2023 ELECTION AND AMENDING THE AVON MUNICIPAL CODE TO ESTABLISH A NEW ESTABLISHING A USE TAX ON CONSTRUCTION AND BUILDING MATERIALS 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, Council finds that the referral of a 4% Use Tax on Construction Materials to the Avon electorate is appropriate and beneficial for the Avon community in order to reduce the administrative burden of Town and builders, to adopt a use tax that matches the Town’s sales tax, to increase the collection of revenues related to new construction for general government purposes and to increase revenues in the Village (at Avon) for the purpose of accelerating the satisfaction of the Town’s tax credit obligations; and WHEREAS, the Council finds that adoption of a use tax will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Chapter 3.09 Enacted. A new Chapter 3.09 - Use Tax on Construction Materials in the Avon Municipal Code, set forth in EXHIBIT A: Chapter 3.09 attached hereto, is hereby enacted subject to voter approval as described in Section 3 of this Ordinance. Section 3. Election and Effective Date. Under Article X, Section 20 of the Colorado Constitution, the Council refers the tax increase provided in this ordinance to the qualified electors of the Town for approval at the regular Town election scheduled for November 7, 2023. ATT A - Ord 23-04 Use Tax on Construction Materials Ord 23-__ Use Tax on Construction Materials July 25, 2023 Page 2 of 2 If approved by a majority of the electors voting thereon, this ordinance shall become effective when the Town Clerk or other designated election official duly files the required certificate of election, or on January 1, 2024, whichever occurs last. Section 4. Ballot Title and Questions. The ballot title and question submitted to the electors shall be as follows: Ballot Title: USE TAX ON CONSTRUCTION MATERIALS Ballot Question: SHALL TOWN OF AVON TAXES BE INCREASED $____ MILLION ($____________) ANNUALLY IN 2024, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT FOR ANY MUNICIPAL PURPOSE, IN ACCORDANCE WITH SUCH TERMS, CONDITIONS AND POLICIES AS MAY BE ADOPTED BY THE AVON TOWN COUNCIL, ALL IN ACCORDANCE WITH ORDINANCE NO. 23-____ ADOPTED BY THE TOWN COUNCIL; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on July 27, 2023, and setting such public hearing for August 8, 2023 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: _____________________________ ___________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk APPROVED AS TO FORM: ____________________________ Karl Hanlon, Town Attorney ATT A - Ord 23-04 Use Tax on Construction Materials 1 EXHIBIT A: Chapter 3.09 – Use Tax on Construction Materials CHAPTER 3.09 – Use Tax on Construction Materials 3.09.010 – Title, Purpose, and Applicability. (a) This Chapter shall be known and may be cited as “The Town of Avon Use Tax on Construction and Building Materials.” (b) The purpose of this Chapter is to raise revenue for municipal purposes and provide a complementary tax to the Town’s sales tax. The Town Council find that every person who uses or consumes in the Town any construction and building materials is exercising a taxable privilege. (c) Subject only to the exemptions set out at Section 3.09.040, the use tax imposed herein shall apply to any use or consumption in the Town of construction and building materials purchased at retail on or after January 1, 2024. 3.09.020 – Definitions When not otherwise clearly indicated by the context, the following words and phrases, as used in this chapter, shall have the following meanings: Building permit means a permit, issued by the Town, allowing the permit holder to construct, enlarge, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system regulated by the adopted building codes of the Town. A building permit shall not include any permit for demolition or dewatering. Charitable organization means any entity which has been certified as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code. Construction equipment means any equipment, including mobile machinery and mobile equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make improvements to any real property, building, structure, or infrastructure, whether leased or owned. Construction Materials means tangible personal property which, when combined with other tangible personal property, loses its identity to become an integral and inseparable part of a structure or project including public and private improvements. Construction Materials include, but are not limited to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit, electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring, glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand, sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other landscaping materials, wall board, wall coping, wallpaper, weather stripping, wire netting and screen, water mains and meters, and wood preserver. The above ATT A - Ord 23-04 Use Tax on Construction Materials 2 materials, when used for forms, or other items which do not remain as an integral and inseparable part of completed structure or project are not construction materials. Construction valuation means the total value of the work, including labor and construction and building materials, for which a permit is issued, including leased construction equipment, electrical, gas, mechanical, plumbing equipment and permanent systems, as determined by the building department or building official. Consumption means the act or process of consuming, and includes waste, destruction, or use. Consumption is the normal use of property for the purpose for which it was intended. Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or improve any building, dwelling, structure, infrastructure, or other improvement to real property for another party pursuant to an agreement. For purposes of this definition, Contractor also includes subcontractor. Director means the Director of Finance for the Town or such person’s designee. Person means any individual, firm, partnership, joint venture, corporation, limited liability company, estate or trust, receiver, trustee, assignee, lessee, or any person acting in a fiduciary or representative capacity, whether appointed by court or otherwise, or any group or combination acting as a unit. Purchase or sale means the acquisition for any consideration by any person of tangible personal property by way of purchase, lease, or rental, including capital leases, installment and credit sales, and lease-purchase, rental or grant of a license to use, which consideration may include money, exchange of property or services, or any other thing of value. Purchase price means the aggregate value in money of anything or things paid or delivered or promised to be paid or delivered by a purchaser to a retailer or any person in the consummation of a retail sale as defined herein, without any deduction therefrom for the cost of the property sold, cost of materials used, labor or service cost, or any other expense whatsoever, and provided that when articles of tangible personal property are sold after manufacture or after having been made to order, the gross value of all materials, labor, service, and profit thereon shall be included in the purchase price; provided that the purchase price shall not include any direct tax imposed by the United States government, the state, or this chapter. Retail Sale or Purchased at Retail means any purchase or sale of tangible personal property, except a wholesale sale or purchase made for taxable resale. Taxpayer means any person obligated to collect and/or pay tax under this Code. Town means the Town of Avon. Use means the exercise, for any length of time, by any person with the Town of any right, power or dominion over tangible personal property or services when rented, leased, or purchased ATT A - Ord 23-04 Use Tax on Construction Materials 3 at retail from sources within or with the Town; or tangible personal property used in the performance of a contract in the Town, whether or not owned by the taxpayer. Use also includes withdrawal of items from inventory for consumption. Wholesale sales mean a sale to a licensed retailer, jobber, dealer, or other wholesaler for resale. Sales by wholesalers to consumers, including persons who use or consume construction and building materials, as defined by this Section, are not wholesale sales. Sales by wholesalers to non-licensed retailers are not wholesale sales. Wholesaler means any person selling to retailers, jobbers, dealers, or other wholesalers, for the purpose of resale and not for storage, use, consumption, or distribution. 3.09.030 – Use tax imposed. (a) There is hereby imposed and levied in the Town, and shall be collected and paid, a use tax on the privilege of using or consuming within the Town construction and building materials of every kind and form purchased or leased inside or outside the Town. (b) The use tax imposed by this Chapter shall be at the rate of four percent (4%) of the cost of construction and building materials used or consumed in the Town, including leased equipment. For purposes of this Chapter, the cost of construction and building materials is deemed to be fifty percent (50%) of the construction valuation. (c) Any construction and building material used or consumed on a project which has received all final development review approvals required by Title 7 of the Avon Municipal Code on or before December 31, 2023, shall not be subject to the use tax imposed herein. If any approval expires by its terms after December 31, 2023, such application for development review shall then be subject to the use tax imposed by this Chapter. 3.09.040 – Exemptions. The following are exempt from the use tax imposed by this chapter, provided that the list of exemptions cannot be increased by implication or similarity and the burden of proof is upon the taxpayer to establish an exemption: (a) The use or consumption of construction and building materials the sale of which is subject to a retail sales tax imposed by the Town; (b) The use or consumption of construction and building materials purchased for resale in the Town, either in their original form or as an ingredient of a manufactured or compounded product, in the regular course of business; (c) The use or consumption of construction and building materials by the United States government; by the State, its departments or institutions or political subdivisions thereof in their governmental capacities only; or by the Town; providing, however, ATT A - Ord 23-04 Use Tax on Construction Materials 4 that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or department thereof, or by the State, shall be considered a governmental institution for the purpose of this exemption; (d) The use or consumption of construction and building materials by charitable organizations in the conduct of their regular charitable functions; except that nothing herein contained shall be deemed to exempt use of construction and building material or supplies used by a contractor for the construction of an improvement for a charitable organization; (e) The use or consumption of construction and building materials by a person engaged in the business of manufacturing or compounding for sale, profit, or use of any article, substance, or commodity, which construction and building materials enters into the processing of or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished, and the container, label, or the furnished shipping case thereof; (f) The use or consumption of construction and building materials if a written contract for the purchase thereof was entered into prior to January 1, 2024; (g) The use or consumption of construction and building materials required or made necessary in the performance of any construction contract bid, let, or entered into at any time prior to January 1, 2024; (h) The storage of construction and building materials; (i) A building project, subject to a Town of Avon Building Permit, with a total construction valuation of fifty thousand dollars ($50,000.00) or less; (j) The use or consumption of construction and building materials in the Town on which the use tax imposed by this Chapter has already been paid; and (k) Any transaction which the Town is prohibited from taxing under applicable law. 3.09.050 – Credit for taxes paid to another taxing authority. (a) The Town’s use tax shall not apply to the use or consumption of any construction and building materials the sale or use of which has already been subjected to a legally imposed sales or use tax of another statutory or home rule town, city, or city and county equal to or in excess of the use tax imposed herein. (b) A credit shall be granted against the Town’s use tax in an amount equal to lawful tax previously paid by the purchaser or user to another taxing authority, provided that the amount of credit shall not exceed the amount of use tax imposed by this Chapter. (c) The burden of proof is upon the taxpayer to establish the right to any credit claimed. ATT A - Ord 23-04 Use Tax on Construction Materials 5 (d) It is the intent of this Chapter for Town taxes to be paid at the time a building permit is issued. Once such permit is issued, persons engaged in construction projects in the Town are considered to be the end users of construction and building materials and must not pay municipal sales tax to a retailer in another jurisdiction for materials to be used or consumed in the Town. No refund or credit of another municipality’s tax will be allowed unless such tax is legally imposed. 3.09.055 – Tax credit for the Village (at Avon). Notwithstanding any other provisions of this Chapter, there shall be granted to each person owing tax on use or consumption of building materials within The Village (at Avon) a temporary tax credit equal to the amount of any Building Materials Use Fee paid by or on behalf of such person for that same use or consumption. The amount of the credit shall not exceed the amount of use tax owed. This credit shall expire with the termination of the Building Materials Use Fee as set out in the Consolidated, Amended and Restated Annexation and Development Agreement for The Village (at Avon), as recorded with Eagle County on August 1, 2014. Neither the ability of the Town to grant the temporary tax credit nor termination of the tax credit shall constitute a tax increase, the imposition of a new tax, or a tax policy change. 3.09.056 - Tax credit for Community Housing. Notwithstanding any other provision of this Chapter, there may be granted a tax credit to each person owing tax on the use or consumption of construction and building materials and fixtures used in a Community Housing project provided that such use tax credit is approved by Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to grant this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy change. 3.09.057 - Temporary tax credit for renewable energy production components. Notwithstanding any other provision of this Chapter, there shall be granted a temporary tax credit to each person owing tax on the use or consumption 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 the effective date of this ordinance and shall continue until December 31, 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. 3.09.060 – Collection and administration. (a) The administration of this chapter is hereby vested in the Director, who shall prescribe forms and promulgate rules and regulations for the proper administration and ATT A - Ord 23-04 Use Tax on Construction Materials 6 enforcement of this chapter. The Director may delegate to any person the power and authority necessary for the proper administration and enforcement of this chapter. (b) The use tax required by this Chapter shall initially be made by estimate, which estimated amount must be paid at or prior to the time any permit for building or construction within the Town is issued. No permit shall be issued by the Town Building Official, or any other town employee, to any person requesting a permit for construction within the Town until such estimated use tax has been paid. The tax estimate shall be made by the Director, working with the Community Development Department to determine the Construction Valuation. (c) All use taxes due to the Town must be paid in full before a final building inspection may take place and a permanent or temporary certificate of occupancy issued. The Director may determine the amount of use taxes due to the Town before final inspections occur or certificates of occupancy issue. To assist in this determination, the Director may request information from the taxpayer, who shall timely provide it, which information may include proof of actual amounts paid for construction and building materials used or consumed in the building project. (d) A person engaged in a construction project in the Town who does not apply for and have issued a permit or who seeks and obtains prior approval of the Director to remit use taxes in accordance with this Subsection (d) shall, on or before the twentieth day of each succeeding month following the start of construction, file a return with the Director attaching all statements and invoices establishing the price paid for building and construction materials used in the local project, along with a summary sheet for materials purchased the previous month, and shall thereupon pay to the Town the full amount of use tax due for the preceding month or months. Any failure to make such return and payment of such use tax shall be deemed a violation of this Chapter, which may, upon conviction, subject the violator to penalties provided. 3.09.070 – Penalty and Interest. (a) If any person fails, neglects, or refuses to pay the use tax as required by this chapter, or if any taxpayer fails to remit the proper amount of tax or underpays the tax, then penalties and interest shall be imposed in accordance with this section. (b) If a person neglects or refuses to pay any use tax as required by this Chapter within ten (10) days after the same is due, the Director shall make an estimate, based upon such information as may be available, of the amount of use tax due for the period for which the taxpayer is delinquent and shall add thereto a penalty equal to the greater of fifteen dollars ($15.00) or ten percent (10%) of the amount due and interest at the rate of one-and-a-half percent (1.5%) per month from the time delinquent payment was due. (c) If any part of the deficiency is due to fraud with the intent to evade the tax, there shall be added a penalty of one hundred percent (100%) of the total amount of the ATT A - Ord 23-04 Use Tax on Construction Materials 7 deficiency, and in such case the whole amount of the tax unpaid, including the additions, shall become due and payable ten (10) days after written notice and demand by the Director, and an additional three percent (3%) per month on said amount shall be added from the date payment was due, until paid. (d) The Director may, for good cause shown, waive any penalty or interest. 3.09.080 – Remedies not exclusive. In addition to enforcement remedies expressly provided in this chapter, the Town may pursue any other remedies available at law or in equity. 3.09.090 – Lien. The tax imposed by this Chapter, together with accrued interest and penalties, shall be a first and prior lien on any real property into which the construction and building materials were incorporated. 3.09.100 – Limitation of Action. Use tax, interest, and penalties shall be assessed, and any action to collect the same shall be commenced, within three (3) years of the issuance of a final certificate of occupancy for the improvement on which the use tax was paid. This period of limitation shall not run for any period of time covered by an audit if written notice of that audit is given to the taxpayer prior to expiration of the limitation period. 3.09.110 – Refunds. (a) Upon completion of construction, the taxpayer may apply to the Director for a refund of overpaid taxes. Such application shall be supported by documentation required by the Director or as needed to establish actual amounts paid for construction and building materials used or consumed as part of a building project. (b) A taxpayer claiming an exemption may pay the use tax under protest. Applications for refund of such protested tax must be made within sixty (60) days of issuance of the building permit for which the use tax was paid under protest. (c) A taxpayer claiming refund for use tax paid by mistake or in error must make that claim within three (3) years of the final inspection or issuance of a permanent certificate of occupancy, whichever comes later, for the improvement on which the use tax was paid. (d) All claims for refund shall be upon forms prescribed by the Director and made in such manner as required by the Director. The Director shall promptly review refund claims and issue a denial in writing, state the reason therefor, or provide the funds requested, after applying any refund amount against outstanding tax liabilities. ATT A - Ord 23-04 Use Tax on Construction Materials 8 (e) If a taxpayer disputes a refund denial, the taxpayer shall provide the Director with a written protest, filed within 30 days of the Director’s notice. The protest shall identify specific grounds for dispute, including any necessary documentation, and shall request a hearing before the Director. This protest process, and that of any related appeal, shall be in accordance with Section 29-2-106.1, Colorado Revised Statutes. (e) The right to refund shall not be assignable. 3.09.120 – Audit. (a) The Town may audit, or the taxpayer request an audit, within three (3) years from the issuance of any certificate of occupancy for the improvement on which the use tax was paid. An audit requested by the taxpayer shall be at the taxpayer’s sole cost. (b) If the recomputed use tax is less than the amount of use tax paid by the taxpayer, the difference shall be refunded to the taxpayer within thirty (30) days of the final determination of the Town. If the recomputed use tax is more than the amount of use tax paid by the taxpayer, the difference, along with any interest and penalty imposed by this chapter, shall be due and payable by the taxpayer immediately upon the final determination of the Town with notice to the taxpayer. 3.09.130 – Book, Records, Reports, and Returns. (a) Every person liable for any use tax imposed by this chapter shall keep and preserve, for a period of three (3) years from the date of issuance of a final certificate of occupancy for the improvement on which the use tax was paid, all books, records, reports and returns necessary to determine the amount of tax liability. All such books, records, reports, and returns shall be open for examination at any time by the Director. (b) Any information gained by taxpayer disclosure or as part of an audit or investigation shall be entitled to the same level of confidentiality afford to sales tax information, as set out in Chapter 3.08 of the Avon Municipal Code. (c) For the purpose of determining the amount of tax due from any taxpayer, the Director may hold investigations and hearings concerning any matters covered by this Chapter, and may examine any relevant books, papers, records, or memoranda of any such person, requiring the attendance of such taxpayer, or any officer or employee of such taxpayer, or of any person having relevant knowledge, and taking such testimony and proof as may be necessary to properly ascertain any tax liability. The Director shall have power to administer oaths to any person in the course of such investigations or hearings. Production of documents and attendance of witnesses shall be requested by the Director on his or her own motion or on motion of any party; any request for production or attendance shall inform persons that compliance is voluntary but that, if ATT A - Ord 23-04 Use Tax on Construction Materials 9 the request is not complied with, the Director may apply to the Municipal Judge for issuance of a subpoena. (d) The Municipal Judge, upon application of the Director, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the Director or any of his or her duly authorized agents, by the issuance and enforcement of subpoenas, in the same manner as production of evidence may be compelled before the court. 3.09.140 – Violation and Penalty (a) It is a violation of this Chapter for any person subject to the use tax levied by this chapter to submit any false or fraudulent use tax information to the town, to make any false statement on any document used to calculate taxes due under this chapter, to fail or refuse to make payment of any taxes due, to evade the payment of any taxes due, or to aid or abet another in any attempt to evade the payment of any taxes due under this chapter. (b) In addition to any other penalty provided in this Chapter, any person who violates any provision of this Chapter shall be punished in accordance with Section 1.08 of the Avon Municipal Code. ATT A - Ord 23-04 Use Tax on Construction Materials Finance Committee – Use Taxes June 3rd, 2021 Town Sales Tax (city) Use Tax Crested Butte 4.00% 4.50%1/4.00%2 Steamboat Springs 4.50% 4.50%12 Rifle 4.25% 4.25%12 Eagle 4.00% 4.00%1 Fraser 4.00% 4.00%12 Grand Lake 4.00% 4.00%12 Grandby 4.00% 4.00%12 Minturn 4.00% 4.00%1 Vail 4.00% 4.00%1 Parachute 3.75% 3.75%1 Glenwood Springs 3.70% 3.70%12 Carbondale 3.50% 3.50%12 Grand Junction 2.75% 3.25%12 Fruita 3.00% 3.00%12 Gypsum 4.00% 3.00%1 Mount Crested Butte 5.00% 3.00%1 Red Cliff 3.00% 3.00%1 Silt 3.00% 3.00%12 Alma 3.00% 2.00%2 De Beque 2.00% 2.00%1 Hayden 4.00% 2.00%1 New Castle 3.50% 2.00%1 Yampa 2.00% 2.00%12 Aspen 2.40% 0.00% Avon 4.00% 0.00% Blue River 2.50% 0.00% 1 Construction Materials 2 Motor Vehicles / Trailers Breckenridge 2.50% 0.00% Buena Vista 2.50% 0.00% Collbran 2.00% 0.00% Como 1.00% 0.00% Dillon 2.50% 0.00% Fairplay 4.00% 0.00% Frisco 2.00% 0.00% Gunnison 1.00% 0.00% Hartsel 1.00% 0.00% Hot Sulphur Springs 4.00% 0.00% Keystone 0.75% 0.00% Kremmling 4.00% 0.00% Marble 2.00% 0.00% Montezuma 2.00% 0.00% Oak Creek 3.00% 0.00% Palisade 2.00% 0.00% Pitkin 3.00% 0.00% Poncha Springs 2.00% 0.00% Salida 3.00% 0.00% Silverthorne 2.00% 0.00% Snowmass Village 3.50% 0.00% Winter Park 5.00% 0.00% Sales Tax | Use Tax percentages in Eagle County Use Tax | July 2021 4% | 0% The Town of Avon is the odd town in Eagle County with no use tax. Eagle 4% | 4% Minturn 4% | 4% Vail 4% | 4% Red Cliff 3% | 3% Gypsum 4% | 3% Use Tax Presentation July 20, 2021 Purpose of Report Community Housing Plan Goals Seek Opportunities for New Funding Sources Support for Local Ballot Initiatives 2021 Department Goal Present Legal and Financial Analysis of Use Tax Use Tax Presentation | July 20, 2021 Background PREVIOUS INITIATIVES ●In 2002 a 4% Construction Use Tax Submitted to TOA Voters ●Ballot Language Earmarked the Tax to be “spent solely for transportation and recreation capital projects and services and infrastructure related thereto” ●Question Failed To Pass with 379 In Favor and 573 Against. Use Tax Presentation | July 20, 2021 Analysis Three Types of Use Tax Consumer Use Tax Motor Vehicle Use Tax Construction Materials Use Tax Consumer Use Tax Companion Tax State of Colorado Best Example South Dakota v. Wayfair Supreme Court Decision Makes this Tax Less Effective Locally Not Recommended by Staff for Consideration Use Tax Presentation | July 20, 2021 Analysis Con’t MOTOR VEHICLE USE TAX •Use Tax Would Apply to Vehicles Purchased Out-of-Town But Registered in Avon •No Tax If Vehicle Registered Outside of Town •Tax Must Be Paid Prior to Titling and Registration •Jurisdictions Without a Use Tax Unlikely to Have Automotive Dealerships •Can Raise a Substantial Amount of Revenue •Would Be a New Tax for Avon Residents Purchasing a Vehicle •Not Recommended by Staff for Consideration Use Tax Presentation | July 20, 2021 Motor Vehicle Use Taxes The following table is based on a CML list serv survey that was taken. Motor Motor Vehicles Vehicle Municipal Use Tax Use Tax Imputed Sales Jurisdiction Population Revenue Rate Taxable Sales Per Person Town of Cedaredge 2,300 $ 95,292 2.00%$ 4,764,600 $ 2,071.57 City of Castle Pines 11,000 899,638 2.75%32,714,109 2,974.01 City of Commerce City 61,000 7,087,921 4.50%157,509,356 2,582.12 Town of Estes Park 6,300 317,941 2.00%15,897,050 2,523.34 City of Cherry Hills Village 6,641 1,061,673 3.00%35,389,100 5,328.88 City of Golden 22,015 1,116,029 3.00%37,200,967 1,689.80 City of Aurora 386,502 21,481,130 3.75%572,830,133 1,482.09 City of Manitou Springs 5,346 329,619 3.80%8,674,184 1,622.56 Town of Carbondale 6,900 534,613 3.50%15,274,657 2,213.72 City of Littleton 48,140 2,491,696 3.00%83,056,533 1,725.31 City of Centennial 110,000 5,309,401 2.50%212,376,040 1,930.69 City of Lafayette 29,587 2,171,793 3.50%62,051,229 2,097.25 Average of Respondees 3.11%$ 2,353.44 Use Tax Presentation | July 20, 2021 Motor Vehicle Use Taxes •Projected Revenues Based on the previous table and Avon’s approximate permanent population of 6,500, each 1% motor vehicle use tax could generate approximately $152,945. Use Tax Presentation | July 20, 2021 Construction Use Tax •Use Tax Would Be Collected at Time of Building Permit •Tax Based on Predetermined Formula. Common Method to Use 50% of Construction Value •Builder Exempt from Paying Further Sales Taxes on Materials Related to the Permit •Avon is the Only Jurisdiction in Eagle County Without a Construction Use Tax Use Tax Presentation | July 20, 2021 Sales Tax | Use Tax percentages in Eagle County Use Tax Presentation | July 20, 2021 4% | 0% This map shows “% Sales Tax | % Use Tax” for each Town. Town of Avon is the odd town in Eagle County with no use tax. Eagle 4% | 4% Minturn 4% | 4% Vail 4% | 4% Red Cliff 3% | 3% Gypsum 4% | 3% Sales Tax | Use Tax percentages Use Tax Presentation | July 20, 2021 Town Sales Tax (city) Use Tax Crested Butte 4.00% 4.50%1/4.00%2 Steamboat Springs 4.50% 4.50%12 Rifle 4.25% 4.25%12 Eagle 4.00% 4.00%1 Fraser 4.00% 4.00%12 Grand Lake 4.00% 4.00%12 Grandby 4.00% 4.00%12 Minturn 4.00% 4.00%1 Vail 4.00% 4.00%1 Parachute 3.75% 3.75%1 Glenwood Springs 3.70% 3.70%12 Carbondale 3.50% 3.50%12 Grand Junction 2.75% 3.25%12 Fruita 3.00% 3.00%12 Gypsum 4.00% 3.00%1 Mount Crested Butte 5.00% 3.00%1 Red Cliff 3.00% 3.00%1 Silt 3.00% 3.00%12 Alma 3.00% 2.00%2 De Beque 2.00% 2.00%1 Hayden 4.00% 2.00%1 New Castle 3.50% 2.00%1 Yampa 2.00% 2.00%12 Aspen 2.40% 0.00% Avon 4.00% 0.00% Blue River 2.50% 0.00% 1 Construction Materials 2 Motor Vehicles / Trailers Breckenridge 2.50% 0.00% Buena Vista 2.50% 0.00% Collbran 2.00% 0.00% Como 1.00% 0.00% Dillon 2.50% 0.00% Fairplay 4.00% 0.00% Frisco 2.00% 0.00% Gunnison 1.00% 0.00% Hartsel 1.00% 0.00% Hot Sulphur Springs 4.00% 0.00% Keystone 0.75% 0.00% Kremmling 4.00% 0.00% Marble 2.00% 0.00% Montezuma 2.00% 0.00% Oak Creek 3.00% 0.00% Palisade 2.00% 0.00% Pitkin 3.00% 0.00% Poncha Springs 2.00% 0.00% Salida 3.00% 0.00% Silverthorne 2.00% 0.00% Snowmass Village 3.50% 0.00% Winter Park 5.00% 0.00% Construction Use Tax •Advantages of a Construction Use Tax •Helps Achieve Consistency in Imposition of Tax •Eliminates Unfair Competition Using Tax Rates •Eases Administrative Burden of Collection •Nexus of Construction to Community Housing Needs Use Tax Presentation | July 20, 2021 Construction Use Tax •Use Tax Statistics $32,772,355 – Ten-year Average of Total Building Construction Value Based on Above, 4% Use Tax Would Generate $610,603 Per Annum •Sales Tax Statistics $399,446 - Seven-year Average of Actual Sales Taxes Collected $537,553 Actual 2020 Sales Tax Collections, or 5.8% of Total Use Tax Presentation | July 20, 2021 Construction Use Tax | Scenario 1 •Large Scale Project, hiring a contractor to build a house Use Tax Presentation | July 20, 2021 1.Use Tax paid at time of permitting based on materials estimate of 50% of project cost. 2.No sales tax on supplies that are ordered, delivered or picked up. Contractor will show proof of use taxes already paid. 3.At end of project, final amount calculated and overpaid/underpaid refunded/collected. Construction Use Tax | Scenario 2 •Medium Scale Project, hiring a contractor to remodel a kitchen Use Tax Presentation | July 20, 2021 1.Use Tax paid at time of permitting based on materials estimate of 50% of project cost. 2.No sales tax on supplies that are ordered, delivered or picked up. Contractor will show proof of use taxes already paid. 3.At end of project, final amount calculated and overpaid/underpaid refunded/collected. Construction Use Tax | Scenario 3 •Small Scale Project, DIY remodel of bathroom tile Use Tax Presentation | July 20, 2021 1.No permit or inspection needed so Use Tax is not paid. 2.Sales Tax will apply depending on where materials are purchased and if they are picked up or delivered. For example, 0% if picked up in Edwards or 4% if picked up in Eagle. And 4% to Avon if delivered in Avon and if ordered online and delivered in Avon. Construction Use Tax | Modeling Riverfront •What would Riverfront generate if the Town had a use tax? Use Tax Presentation | July 20, 2021 1.Based on a Total Construction Value of $87.6 million 2.4% Construction Use tax would generate $1,752,000 Traer Creek •Imposition of Use Tax on building materials shall be automatically applied to any sale within The Village (at Avon) through increase in the Credit PIF. •The Credit PIF increase shall be proportionate to the Use Tax. •Purchases made within The Village (at Avon) shall receive a tax credit against the Town’s Use Tax in the amount equal to an any increase in the Credit PIF resulting from an imposition of the Use Tax. •The Town may amend its Municipal Code to reflect the automatic tax credit for use tax, but such an amendment shall not be required to implement the Tax Credit. •Prior to adopting any such use tax, the Town shall coordinate with Traer Creek regarding the implementation the Use Tax/Credit PIF/Tax Credit. •Increase in the Credit PIF shall not be taxable by the Town. Use Tax Presentation | July 20, 2021 Traer Creek –Section 6.4(v) pf CARDA Sample Ballot Question SAMPLE BALLOT QUESTION SHALL TOWN OF AVON TAXES BE INCREASED $____ MILLION ($____________) ANNUALLY IN 2022, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE IMPOSITION OF A FOUR PERCENT (4%) USE TAX ON THE PRIVILEGE OF USING OR CONSUMING IN THE TOWN ANY CONSTRUCTION MATERIALS, SUCH USE TAX REVENUES TO BE APPROPRIATED AND SPENT SOLELY FOR THE PURPOSE OF FUNDING COMMUNITY HOUSING, INCLUDING THE ACQUISITION OF LAND FOR HOUSING, CONSTRUCTION OF HOUSING, EXTENSION OF PUBLIC INFRASTRUCTURE TO SERVE HOUSING DEVELOPMENT, PURCHASE OF DEED RESTRICTIONS, DOWNPAYMENT ASSISTANCE PROGRAMS, AND PARTNERSHIP WITH PUBLIC AND PRIVATE ENTITIES TO DEVELOP COMMUNITY HOUSING, IN ACCORDANCE WITH SUCH TERMS, CONDITIONS AND POLICIES AS MAY BE ADOPTED BY THE AVON TOWN COUNCIL, ALL IN ACCORDANCE WITH ORDINANCE NO. 21-____ ADOPTED BY THE TOWN COUNCIL; AND SHALL THE REVENUES COLLECTED FROM SUCH TAX AND ANY EARNINGS FROM THE INVESTMENT OF SUCH REVENUES BE COLLECTED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW. Use Tax Presentation | July 20, 2021 Ballot Question Timeline •Requires voter authorization under TABOR. •Fair Campaign Practices Act limits Town’s ability promote ballot question after ballot title is fixed Use Tax Presentation | July 20, 2021 Aug 10 Aug 24 Nov 2Sept 3 Election DayLast day for Town to certify the ballot content Last regularly scheduled Council Meeting to adopt Resolution Last day to introduce Ordinance to refer ballot question and self-execute implementation Thank You Use Tax Presentation | July 20, 2021 Scott Wright Asst Town Manager and Finance Director swright@avon.org TO: Honorable Mayor Phillips and Council members FROM: Paul Redmond, Incoming Finance Director RE: Establishment of an Agency Fund DATE: July 20th, 2023 SUMMARY: Establishment of a Use Tax Agency Fund for the collection of the PIF (Public Improvement Fee) on behalf of Traer Creek Metropolitan District. The Use Tax Agency Fund have the Fund number 710. FINANCIAL CONSIDERATIONS: Resolution 23-08 allows the Town of Avon to collect the PIF and Add-On PIF on construction materials for Traer Creek Metropolitan District. The Town of Avon will retain the administrative fee of 5% for the collection of these funds. The Town of Avon is collecting these funds which are owed to Traer Creek, these funds will need to be recorded in an Agency Fund. Per Resolution 23-08 the Town will retain an administrative fee of 5% of the PIC fee collected. BACKGROUND: Agency Funds are fiduciary funds used to account for assets held by a municipality acting as an agent for other governments, individuals, or private organizations. The Town of Avon and Traer Creek Metropolitan District have worked towards a more effective and efficient solution to collecting sales taxes on construction materials for construction projects located in the Village at Avon with Resolution 23-08 earlier this year. An Agency Fund is the proper way to record these collected funds on the Town of Avon’s financial statements. In this case the Town of Avon will collect the PIF (Public Improvement Fee) on behalf of the Traer Creek Metropolitan District. The funds will be recorded in the Agency Fund and then paid to Traer Creek Monthly. PROPOSED MOTION: “I move to approve Resolution 23-15, Approving the Establishment of a Use Tax Agency Fund PIF Collection Services Agreement for Construction.” Thank you, Paul ATTACHMENT A: Resolution 23-15: Approving a Use Tax Agency Fund Page 1 of 1 RESOLUTION NO. 23-15 APPROVING A USE TAX AGENCY FUND 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, on May 9, 2023, the Town entered into a public improvement fees collection services agreement (Agreement) with The Village (at Avon) Commercial Public Improvement Company, The Village (at Avon) Mixed-Use Public Improvement Company, and Traer Creek Metropolitan District, for collection of the PIF (Public Improvement Fee) and Add-On PIF on construction materials; and WHEREAS, the Agreement provides that, upon collection, the Town will place the PIF and Add- On PIF into an Agency Fund in order to accurately and efficiently account for the PIF and Add- on PIF prior to the distribution of such monies to the appropriate parties; and WHEREAS, the accounts of an Agency Fund only consist of assets and liabilities and is not a budgeted fund. NOW THEREFORE, THE TOWN COUNCIL, HEREBY RESOLVES: Section 1 A Use Tax Agency Fund is established for the collection of the Village at Avon PIF Retail Sales Fee and the Add-on PIF as it relates to construction materials. Section 2 The Use Tax Agency Fund will be included as part of the Town of Avon reporting entity for purposes of financial reporting. ADOPTED JULY 25, 2023 by the AVON TOWN COUNCIL By:_______________________________ Attest:_________________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva , Town Clerk Attachment A 970.748.4004 eric@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Eric Heil, Town Manager RE: Recreation Center Cost Recovery Work Session DATE: July 21, 2023 SUMMARY: Recreation Director Michael Labagh will provide an update and overview of Recreation Center operations and programs in a work session with Council. No action is request by Council. This work session is intended to familiarize Council with the current status and growth of Recreation Center users and programs and introduce concepts and analysis of cost recovery for recreation operations. The Health and Recreation Committee recently held a work session on these topics. This information will be helpful in advance of Council reviewing the 2024 Budget and considering policy decisions related to rates for recreation center and recreation program users. Thank you, Eric ATTACHMENT A: Recreation Center Presentation Avon Town Council July 25, 2023 RECREATION DEPARTMENT UPDATE JULY 25, 2023 MICHAEL LABAGH, RECREATION DIRECTOR Attachment A RECREATION DEPARTMENT UPDATE Summer Programming Update •Summer Camp FULL •Pickleball tournaments, clinics, drop-in play and private lessons •Outdoor Yoga •Strong Teen Program •Outdoor Basketball Tournament Avon Town Council July 25, 2023 RECREATION DEPARTMENT UPDATE Summer Programming Update •Rec Swim Meet •Dunk-N-Dash race series •Drop-In Open Water Swim •Swim lessons - doubled offerings •Swim Instructor and Lifeguard Training •Open Water Swim Meet – August 12 Avon Town Council July 25, 2023 RECREATION DEPARTMENT UPDATEFacility Update - Steam Room Remodel Avon Town Council July 25, 2023 BEFORE AFTER RECREATION DEPARTMENT UPDATEFacility Update - Sauna Remodel Avon Town Council July 25, 2023 BEFORE AFTER RECREATION DEPARTMENT UPDATE Facility Update •Technogym cardio equipment installation complete Avon Town Council July 25, 2023 RECREATION DEPARTMENT UPDATE Avon Town Council July 25, 2023 Facility Update •Expanded Sunday operating hours – FITNESS AREA: 12-7pm > 10am-8pm, effective January 8 o Avg 58 visits – 10am-12pm o Avg 27 visits – 6-8pm •Expanded Saturday operating hours – POOL: 12-7pm > 10am-7pm, effective May 20 o Group swim lessons added RECREATION DEPARTMENT UPDATE 2022 | 2023 Avon Town Council July 25, 2023 Month Avg Daily Visits Total Monthly Visits Admissions Revenue January 437 | 556 13,569 | 17,252 $79,263 | $106,473 February 528 | 580 14,808 | 16,246 $76,077 | $98,368 March 531 | 625 16,490 | 19,393 $98,555 | $119,304 April 455 | 491 13,664 | 14,731 $64,972 | $75,902 May 423 | 407 13,125 | 12,639 $87,347 | $84,334 June 461 | 525 13,837 | 15,771 $97,875 | $110,694 July 487 15,099 $111,949 August 488 15,157 $91,093 September 425 12,766 $68,347 October 308 9,553 $59,428 November 448 13,445 $152,888 December 459 14,233 $180,557 Admissions Revenue 2023 Budget: $1,100,000 Revenue through 6/30/23: $588,436 3.5% ahead of budget projection Visitation 530 average daily visitors through June *Pool closure, construction in May 2023 RECREATION DEPARTMENT UPDATE Avon Town Council July 25, 2023 RECREATION DEPARTMENT UPDATE •Consistent facility visitation •Increased demand for programs & services •Valued among locals & visitors •Rec Center >>> Community Center •Future Town growth Avon Town Council July 25, 2023 RECREATION DEPARTMENT COST RECOVERY/PROGRAM SUBSIDY DEPARTMENT GOAL: Analyze Division Cost Recovery & Create Program Subsidy Plan •How much of department revenue offsets department expenditures Example: $500,000 Revenue | $1,000,000 expenses = 50% cost recovery •Common practice for controlling pricing decision making, setting fees, charges •Establish within agency’s missions and financial objectives, Town’s philosophy •Programs earmarked to make a profit, break even or to be subsidized with other revenue streams •Subsidy levels are established with the input of staff and be realistic •Pricing determined by established subsidy level, competitor rates and market pricing Avon Town Council July 25, 2023 RECREATION DEPARTMENT COST RECOVERY/PROGRAM SUBSIDY Town of Avon’s Vision per the Comprehensive Plan To provide a high quality of life, today and in the future, for a diversity of people and interests; and to provide their ability to live, work, visit, and recreate in the community. Town of Avon Culture Statement To provide excellent public service to the Avon community through a shared commitment to the core values of the Town of Avon Culture Statement, which includes the values of Public Service, Openness, Leadership, Integrity and Stewardship. Recreation Department Mission Statement To bring the community together through comprehensive recreation programs and services. Avon Town Council July 25, 2023 RECREATION DEPARTMENT COST RECOVERY/PROGRAM SUBSIDY Historical Data by Department •Goal of 100% cost recovery originally desired by program and by department as a whole National Statistical Average •Recreation Management Survey: Public facility – 43.5% | Rec Center – 64% •National Recreation & Park Agency (NRPA): All agencies - 26% | Upper quartile, less than 20,000 residents – 51% Avon Town Council July 25, 2023 RECREATION DEPARTMENT COST RECOVERY/PROGRAM SUBSIDY Industry Stats •National Recreation & Park Agency (NRPA) •2023 Agency Performance Review https://nrpa.org/publications- research/research-papers/agency- performance-review/ Avon Town Council July 25, 2023 RECREATION DEPARTMENT COST RECOVERY/PROGRAM SUBSIDY Industry Stats •Recreation Management, State of the Industry Report •Survey conducted nationally, 563 agencies, 20% from Western region https://recmanagement.com/jun e-2022 Avon Town Council July 25, 2023 RECREATION DEPARTMENT COST RECOVERY/PROGRAM SUBSIDY Cost Recovery Analysis Next Steps 1. Designate each program as public, merit or private service o Public Service – offered at large and benefit community as a whole ▪Parks, trails, playgrounds – no fee associated with amenities/services o Merit Service- partial cost recovery, collect modest fee from participants, may be designated as a partial public service since it is benefiting a specific user group in need. o Private Services – are for the benefit of the individual participating in the activity 2.Set subsidy level per program, based on designation •Unless previously identified, minimum 100% cost recovery per program desired •Strive for 65% - 80% cost recovery by department Avon Town Council July 25, 2023 RECREATION DEPARTMENT COST RECOVERY/PROGRAM SUBSIDY 3. Analyze program fee and admission schedules on an annual basis •Program fees o Program fee schedules established on annual basis part of the budget planning process by Recreation Department Staff o Based on local market analysis, peer facility comparisons, and established subsidy programs •Admission prices o Admission price increases need approval by the Town Council o Construction of the facility was funded by Avon property owners through a bond •Comparator Communities: Mountain Rec, Vail Rec, Glenwood Rec Center, Silverthorne Rec Center, Breckenridge Rec Center, Steamboat (Old Towne Hot Springs), Fraser Valley Rec 4. Support non-profit organizations through partnerships and facility or program discounts o Determined by Recreation Department staff per situation o Examples: 50% off studio room rental, group admission rate - $6/person Avon Town Council July 25, 2023 LA ZONA PLANNING PROJECT – RECREATION CENTER Avon Town Council July 25, 2023 •Further design Options 1, 2 & 4 •Adjustments to identify cost savings •Meetings with BRS Architecture and Recreation Department Staff •Complete by August 2023 1st Floor 2nd Floor EAGLEBEND POCKET PARK •Great Outdoors Colorado (GOCO) grant awarded! •Kickoff meeting with Eagle Valley Outdoor Movement (EVOM) •On deck: Site Planning, Community Engagement, Playground/park equipment selection Avon Town Council July 25, 2023 FUTURE PLANNING •Recreation Center Expansion •Eaglebend Pocket Park Redesign •Saddleridge Pocket Park Updates •O’Neal Spur Pocket Park Updates •Parks Master Planning Avon Town Council July 25, 2023 THANK YOU! Avon Town Council July 25, 2023 970.748.4021 pmckenny@avon.org TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager, and Patty McKenny Deputy Town Manager RE: Resolution 23-13 Authorizing Grant Application (The Activate Avon: Outdoor Downtown Project) for Department of Local Affairs Energy and Mineral Impact Assistance Fund for Main Street LIVE: Livability Investment for Vibrant Economies Grant Funding Opportunity DATE: July 20, 2023 SUMMARY: Resolution No. 23-13 (Attachment A) is presented for Council’s consideration and serves as one of the documents necessary for completing the final application for the town’s Activate Avon: Outdoor Downtown Project. The briefing sheet is also attached (Attachment B) which provides an overview of the project, background and estimated costs. Town staff and S2 have been meeting with DOLA representatives to prepare the application which is due August 1, 2023. The Town Council is asked to consider this Resolution supporting the application. BACKGROUND: Town Staff and Sustainable Strategies (“S2”) DC (grant administration consultants) with the assistance of Department of Local Affairs representatives are compiling materials to submit a grant application for funding offered with Energy and Mineral Impact Funds from the State of Colorado. The program is described as the “Main Street LIVE: Livability Investments for Vibrant Economies” and a overview is provided in Attachment C. The summary notes that $17.5 million will be awarded as an infusion into communities that will reinvest in downtowns and enhance long-term sustainability, add to the built environment (buildings, streets, infrastructure), attract workforce, and augment other energy and housing projects. PROJECT SCOPE: Per the briefing sheet, the Town of Avon seeks $1,000,000 in Department of Local Affairs Main Street LIVE: Livability Investments for Vibrant Economies funding, with a local match of $2,000,000 for its Activate Avon: Outdoor Downtown Project, which will solidify Harry A. Nottingham Park as the heart of Avon and fulfill a 20- year vision for a vibrant, walkable main street and commercial core. The Town will work with the Avon Skate Coalition and CASE to convert the Old Town Hall site into a multi-use skate plaza that includes public restrooms, demonstration gardens, and a seating wall. Avon was incorporated in 1978 without a traditional downtown, but with a clear vision for a commercial core and civic campus integrated with a regional park. Today, Avon’s Main Street Pedestrian Mall connects Town Hall, the commercial core, and the Riverfront Planned Unit Development (PUD) with Nottingham Park to comprise Avon’s downtown. Currently there has been an increase in utilization by families, residents, guests, and locals who enjoy the amenities offered in this area. FINANCIAL CONSIDERATIONS: The Town will submit a Grant Application to DOLA outlining the components of the improvements to enhance Avon’s downtown core area. DOLA funds are slated to be awarded in November 2023. If awarded the funding, a budget amendment will be required to proceed with implementation of the project. The diagram below shows an overview of the sources and uses of the project and includes a request for $1M in EIAF funds; $1M contribution from the Town; and $1M contribution proposed from the Skatepark Coalition (from the grant opportunity they have with the Colorado Health Foundation). Town staff is currently working with a vendor to design the modular restrooms which will hopefully include the following: LED lighting, janitorial closet with garage door rollup function, an estimate of 12 women’s restroom stalls, 10 men’s restroom stalls, 1 family bathroom, and demonstration garden in plaza area. In addition, estimated costs are being evaluated for the infrastructure improvements related to the seating wall, utilities, and landscaping. The table below depicts an overview of the sources and uses of the funds. The project would be designed over the winter months and ready to be constructed in the spring. 970.748.4021 pmckenny@avon.org The table below depicts an overview of the sources and uses of the funds. TOWN MANAGER RECOMMENDATION OR COMMENTS: PROPOSED MOTION: “I move to approve Resolution 23-13 Authorizing the grant application for a grant from the Department of Local Affairs (DOLA) Energy and Mineral Impact Assistance Fund (EIAF) Main Street LIVE: Livability Investment for Vibrant Economies and the completion of the Activate Avon: Outdoor Downtown Project”. Thank you, Eric and Patty ATTACHMENT A: Resolution 23-13 Authorizing the grant application for a grant from the Department of Local Affairs (DOLA) Energy and Mineral Impact Assistance Fund (EIAF) Main Street LIVE: Livability Investment for Vibrant Economies and the completion of the Activate Avon: Outdoor Downtown Project ATTACHMENT B: Briefing Sheet for the Activate Avon: Outdoor Downtown Project ATTACHMENT C: Summary of Main Street LIVE: Livability Investments for Vibrant Economies - Grants, Eligibility, Process The Activate Avon: Outside Downtown Project SOURCE OF FUNDS DOLA EIAF Funds (Main Street LIVE)1,000,000$ Town of Avon Funds 1,000,000$ Colorado Health Foundation Grant (Skatepark)1,000,000$ TOTAL SOURCE OF FUNDS 3,000,000$ USE OF FUNDS Boxx Modular Restrooms 1,000,000$ Skatepark Plaza 1,000,000$ Site Infrastructure 1,000,000$ TOTAL USE OF FUNDS 3,000,000$ ATTACHMENT A Resolution No. 23-13 July 25, 2023 Page 1 of 2 RESOLUTION 23-13 RESOLUTION AUTHORIZING THE GRANT APPLICATION FOR A GRANT FROM THE DEPARTMENT OF LOCAL AFFAIRS (DOLA) ENERGY AND MINERAL IMPACT ASSISTANCE FUND (EIAF) MAIN STREET LIVE: LIVABILITY INVESTMENT FOR VIBRANT ECONOMIES AND THE COMPLETION OF THE ACTIVATE AVON: OUTDOOR DOWNTOWN PROJECT WHEREAS, the Town of Avon is a political subdivision of the State of Colorado, and therefore an eligible applicant for a grant awarded by the Department of Local Affairs (DOLA), Energy and Mineral Impact Assistance Fund (EIAF); and WHEREAS, the Main Street LIVE: Livability Investments for Vibrant Economies is an initiative to support place- based development, redevelopment, and housing in downtowns which is a critical component to a robust and active economy, local government fiscal health, and sustainable development patterns; and WHEREAS, Main Street LIVE will fund downtown public infrastructure and facilities as Livability Investments for Vibrant Economies with a $17.5 million infusion to support reinvesting in downtowns and enhance long-term sustainability, add to the built environment (buildings, streets, infrastructure), attract workforce, and augment other energy and housing projects; and WHEREAS, the Town is highly committed to enhancing Harry A. Nottingham Park with infrastructure that meets the needs of the community and meets the eligibility requirements of the Main Street LIVE initiative, as follows: 1) infrastructure and streetscape improvements: streetscape or place-making improvements (including, but not limited to, high efficiency streetlights, benches, accessibility improvements, parklets, breezeway and alley activation improvements; 2) investments in public buildings/facilities, gathering/event spaces, downtown public art programs, public restrooms, public electric vehicle (EV) charging stations, and downtown wayfinding, as part of a broader streetscape project); and WHEREAS, Avon success over the last 17 years to build a vibrant commercial core, civic campus and regional park has resulted in a significant increase in public visitation and usage in the Harry A. Nottingham Park area, and such steps were supported by a number of town initiatives such as the improvements to the “Main Street Pedestrian Mall”, formation of the Avon Urban Renewal Authority, adoption of the West Town Center Plan and Nottingham Park Plan, the construction of the Avon Pavilion stage and terrace, the establishment of the Cultural, Arts and Special Events Citizens Committee, and the implementation of the LaZona planning process, and WHEREAS, the Town considers the “Old Town Hall” site a key opportunity to develop much needed facilities to serve the public in response to multiple community surveys over the last several years which have identified public restrooms in Nottingham Park as a top priority for the community, and with additional enhancements and connections to be made between Main Street Pedestrian Mall, Town Hall, the commercial core, and Nottingham Park to comprise Avon’s downtown, and WHEREAS, the Avon Town Council supports a Grant Application submittal for the Activate Avon: Outdoor Downtown Project, for state funding from the Main Street LIVE program offered by DOLA in the amount of $1,000,000 and supports the town’s funding match of $1,000,000 for the improvements to enhance Harry A. Nottingham Park’s infrastructure to meet the needs of the community; and ATTACHMENT A Resolution No. 23-13 July 25, 2023 Page 2 of 2 WHEREAS, the Avon Town Council finds that the Activate Avon: Outdoor Downtown Project will promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON, COLORADO, THAT: Section 1. The above recitals are hereby incorporated as findings by the Town Council. Section 2. The Town Council of the Town of Avon supports the Main Street LIVE Grant Application and will authorize the expenditure of funds necessary to meet the terms and obligations of any grant awarded pursuant to a Grant Agreement with DOLA. Section 3. The project sites are owned by the Town of Avon and will be owned by the Town of Avon for the next 25 years. The Town Council of the Town of Avon will continue to maintain the Activate Avon: Outdoor Downtown Project in a high-quality condition and will appropriate funds for maintenance annually. Section 4: If a grant is awarded, the Town Council of the Town of Avon hereby authorizes the (Designated Official) to sign a Grant Agreement with the Department of Local Affairs for the Energy and Mineral Impact Assistance Funds. ADOPTED JULY 15, 2023 BY THE AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk Page 1 The Activate Avon: Outdoor Downtown Project Avon to build a multi-use skate plaza, restrooms, demonstration gardens, and a seating wall to enhance recreational and cultural Main Street amenities. The Town of Avon seeks $1,000,000 in Department of Local Affairs Main Street LIVE: Livability Investments for Vibrant Economies funding, with a local match of $2,000,000 for its Activate Avon: Outdoor Downtown project, which will solidify Harry A. Nottingham Park as the heart of Avon and fulfill a 20-year vision for a vibrant, walkable main street and commercial core. Project History & Community Vision: Avon was incorporated in 1978 without a traditional downtown, but with a clear vision for a commercial core and civic campus integrated with a regional park. Today, Avon’s Main Street Pedestrian Mall connects Town Hall, the commercial core, and the Riverfront Planned Unit Development (PUD) with Nottingham Park to comprise Avon’s downtown. Currently there has been an increase in utilization by families, residents, guests, and locals who enjoy the amenities offered in this area. Background: The Town of Avon formed the Avon Urban Renewal Authority and adopted the West Town Center Plan in 2006, which supported the development of the Riverfront PUD, including the Westin Hotel (Avon’s anchor hotel), the gondola plaza, and the Union Pacific Railroad pedestrian crossing to Avon Station regional transportation hub. The 2008 Nottingham Park Plan coordinated a vision of park improvements with the West Town Center Plan, many of which have been implemented in the last 15 years, including extending the pedestrian connection from Avon Station to the Main Street Pedestrian Mall and constructing the Avon Pavilion stage and lakeside Terrace in Nottingham Park to provide a venue for concerts, cultural events, and community gatherings. In 2019, the Town established the Cultural, Arts and Special Events Committee (CASE) to provide a vision for expanded culture, arts, and special event planning. Increased emphasis on cultural activities has significantly expanded special events throughout the summer in Harry A. Nottingham Park. In 2022 and 2023, the Town of Avon conducted the La Zona planning project to identify, coordinate, and prioritize a long-term vision for integrating the critical community facilities in the civic campus (Recreation Center, Town Hall and Library) with expanded, community-driven recreational and cultural facilities. La Zona refers to the transition zone between the park and the high-density, mixed-use town core. The plan considers the extension of the Main Street Pedestrian Mall to Nottingham Park, reuse of the Old Fire Station and Old Town Hall sites, and expansion of the Avon Recreation Center. The “Old Town Hall” site at the southeastern corner of Nottingham Park is a key opportunity to develop much-needed facilities to serve the public. Proposed Project: The Town will work with the Avon Skate Coalition and CASE to convert the Old Town Hall site into a multi-use skate plaza that includes public restrooms, demonstration gardens, and a seating wall. The plan for the Old Town Hall site responds to community input as expressed through public surveys and engagement processes, including an equity-centered public engagement process led by the Avon Skate Coalition. The coalition held a series View of Main Street Pedestrian Mall ATTACHMENT B Page 2 of eight in-person meetings to connect members of the skateboard community, as well as individuals who self-identify a representative of a unique communities, including Black / Indigenous / Person of Color (“BIPOC”); Lesbian / Gay / Bisexual / Transgender / Queer (“LGBTQ”); female; 55 years of age or older; having a learning disability or; having an alternative physical ability, in envisioning part of Avon’s outdoor downtown. In addition, the area is surrounded by local community affordable and workforce housing with young families, a library, and an elementary school. The Activate Avon Project will help to connect these core community downtown areas and offer full park amenities. Estimated Costs: The overall project is estimated to cost $3,000,000. In addition to the requested $1,000,000 in DOLA Main Street LIVE funds, Avon Skate Coalition will contribute $700,000 in grant funding from the Colorado Health Foundation with the Town of Avon contributing the remaining $1,300,000 for the project. The multi-use skate plaza will add vitality to the downtown and provide Avon youth with an outdoor activity that ties them directly into the heart of their hometown, Harry A. Nottingham Park. The project is ready to move forward. The Town selected high- quality modular bathrooms as the cost-effective option for public restrooms at the plaza. These restrooms will be ready for onsite installation ahead of the 2024 summer season. Construction work to bring utilities to the site, build the multi-use skate plaza, plant the demonstration gardens, and reconstruct a seating wall can be bid out in early 2024, with work beginning in spring of 2024. The Activate Avon: Outdoor Downtown project evolves the vision of Avon’s “Main Street” to enhance its function as a socially, culturally, physically, and economically active gathering place for community members of all ages and abilities. The skate park plaza will integrate a new generation into the downtown and provide badly needed public restrooms. Avon needs DOLA’s support to turn this vision into a reality. For questions, contact Eric Heil, Town Manager, at 970-748-4004 or eheil@avon.org Example of Module Public Restrooms Avon Skate Coalition Main Street LIVE: Livability Investments for Vibrant Economies Grants, Eligibility, Process Directing place-based development, redevelopment, and housing in downtowns is a critical component to a robust and active economy, local government fiscal health, and sustainable development patterns. Main Street LIVE will fund downtown public infrastructure and facilities as Livability Investments for Vibrant Economies. This $17.5 million infusion will reinvest in our downtowns and enhance long-term sustainability, add to the built environment (buildings, streets, infrastructure), attract workforce, and augment other energy and housing projects. The Initiative supports a reduced local match. All applications in this Initiative will follow the regularly planned cycles of the Energy and Mineral Impact Assistance Fund (EIAF) Program. Eligible Projects ●More competitive projects will meet 2021 International Energy Conservation Code (IECC) and International Existing Building Code (IEBC) (as applicable), include renewable energy sources (as applicable), bringing buildings up to code (electrical, plumbing, fire suppression, insulation, etc.), contribute to affordable housing goals, include age-friendly amenities to the project, and/or improve the overall livability and vibrancy of downtown. ●Infrastructure and streetscape improvements: water, sewer, stormwater, energy, sidewalks, and streetscape or place-making improvements (including, but not limited to, high efficiency street lights, benches, accessibility improvements, parklets, breezeway and alley activation improvements.) ●Investments in public buildings/facilities, gathering/event spaces, downtown public art programs, public restrooms, public electric vehicle (EV) charging stations, and downtown wayfinding, as part of a broader streetscape project). ●ADA accessibility upgrades and energy-efficiency improvements to public buildings (building facade improvements eligible as part of this work). ●Design, engineering and project-specific certification costs for above projects. Ineligible Projects •Ineligible projects include parking lots (except for multi-floor, multi-modal downtown parking structure/multi-modal hub) •Grant funds spent on private property or private infrastructure are ineligible. However, local matching funds can be used to leverage resources (e.g., local facade improvement grants to businesses or grants to convert second stories to attainable, accessible housing). Funding $17.5M is established as an initiative within the EIAF Program through June 30, 2026 or when funds run out. Other agencies’ funding (such as CDOT’s Revitalizing Main Streets grant program) are eligible matching funds. Local facade grant programs can also be used as match. •Match lowered to 25% and maximum request is increased to $1.5M. Planning projects at 10% match under consideration. •Applicants must contact their Regional Manager prior to submitting any application and must be “ready to go” in order to be accepted into an EIAF grant cycle. •Application opens June 30, 2023 on the EIAF website. ATTACHMENT C 970.748.4021 pmckenny@avon.org TO: Honorable Mayor Phillips and Council members FROM: Eric Heil, Town Manager, and Patty McKenny Deputy Town Manager RE: Resolution 23-14 Authorizing the Grant Application for the Department of Local Affairs Energy and Mineral Impact Assistance Fund for the More Housing Now & Land Use Initiative for the completion of the Eagle County Regional Housing Action Plan DATE: July 20, 2023 SUMMARY: Resolution No. 23-14 (Attachment A) is presented for Council’s consideration as part of the Town of Avon’s grant application to be submitted to the Department of Local Affairs for the Energy and Mineral Impact Assistance Funds. The Town Manager, in collaboration with Housing staff from Eagle County and Town of Vail, has taken the lead in representing the “Eagle County Housing Partners” (made up of Eagle County and six municipalities in the Eagle River Basin) to request grant monies to help cover the costs related to the work drafting the Eagle County Regional Housing Action Plan. The application is due August 1, 2023. The Town Council is asked to consider this Resolution supporting the application. BACKGROUND: Town Staff has also been working with Department of Local Affairs representatives in compiling materials to submit a grant application for funding offered from the Energy and Mineral Impact Funds. An overview of the More Housing Now & Land Use Initiatives Program is provided in Attachment B. A summary from the flyer is below: It is noted that $20M has been set aside for this initiative with the EIAF Program. Funding is provided to municipalities and counties that have adopted land use strategies or are in the process of adopting land use strategies designed to make it easier to develop affordable housing will be more competitive for infrastructure funds. Eagle County and six municipalities in the Eagle River basin in Eagle County ("Eagle County Housing Partners") desire to collaborate on a regional housing plan to update the housing needs assessment (last done in 2018) and establish a Land Use Strategy and Action Plan. Eagle County is experiencing a severe affordable housing shortage. The Eagle County Housing Partners have all pursued various housing project s. An update of housing needs and development of strategies on a regional basis is appropriate at this time to increase the rate of developing workforce housing on an efficient and economical basis. The Eagle County Housing Partners completed a Regional Land Inventory to create an inventory of land which has potential for housing development. The opportunities for additional workforce housing development are limited by a limited supply of available land and limited supply of water to serve new development. In light of the current situation, a coordinated regional housing plan is needed at this time PROJECT SCOPE: The Eagle County Housing Action Plan will include five major components: (1) updated Housing Needs Assessment, (2) establishment of Housing Goals for the next 10 years, (3) Land Use Strategies, (4) Funding Strategies, and (5) analysis of existing and potential housing authorities and partnerships to implement the housing strategies. The Housing Needs Assessment will compile data in a format that can be updated every three years, will document both the workforce housing development and other new development that generated additional employee 970.748.4021 pmckenny@avon.org demands that occurred since the last needs assessment, will identify workforce housing loss that occurs through sale to second homeowners and conversion to short term rental, and will identify rental, seasonal and ownership housing needs across various income levels. The Housing Goals will describe an appropriate mix of housing types and targeted income levels to meet workforce housing needs., which is expected exceed 5,000 new units. FINANCIAL CONSIDERATIONS: The Town will submit a Grant Application to DOLA with a request for $200,000 of grant funds as it relates to the More Housing Now & Land Use Initiative Program, and to include a 10% local match to be split between Avon, Vail and Eagle County at $8,000 each (total $24,000). DOLA funds are slated to be awarded in November 2023. If awarded the funding, a budget amendment will be required to proceed with implementation of the Eagle County Regional Housing Action Plan Project. TOWN MANAGER RECOMMENDATION OR COMMENTS: PROPOSED MOTION: “I move to approve Resolution 23-14 Authorizing the grant application for a grant from the Department of Local Affairs (DOLA) Energy and Mineral Impact Assistance Fund (EIAF) More Housing Now & Land Use Initiatives and the completion of the Eagle County Regional Housing Action Plan”. Thank you, Eric and Patty ATTACHMENT A: Resolution 23-14 Authorizing the grant application for a grant from the Department of Local Affairs (DOLA) Energy and Mineral Impact Assistance Fund (EIAF) More Housing Now & Land Use Initiatives and the completion of the Eagle County Regional Housing Action Plan ATTACHMENT B: Summary of More Housing Now & Land Use Initiative Grants, Eligibility, Process ATTACHMENT A Resolution No. 23-14 July 25, 2023 Page 1 of 2 RESOLUTION 23-14 RESOLUTION AUTHORIZING THE GRANT APPLICATION FOR A GRANT FROM THE DEPARTMENT OF LOCAL AFFAIRS (DOLA) ENERGY AND MINERAL IMPACT ASSISTANCE FUND (EIAF) MORE HOSING NOW AND LAND USE INITIATIVE THE COMPLETION OF THE EAGLE COUNTY REGIONAL HOUSING ACTION PLAN WHEREAS, the Town of Avon is a political subdivision of the State of Colorado, and therefore an eligible applicant for a grant awarded by the Department of Local Affairs (DOLA), Energy and Mineral Impact Assistance Fund (EIAF); and WHEREAS, the Colorado Department of Local Affairs (DOLA) supports efforts by local governments to adopt land use and other strategies to increase opportunity for affordable housing development, and a significant barrier to redevelopment is the cost to upgrade and upsize or otherwise provide needed infrastructure to incentivize affordable housing development; and DOLA offers this initiative to helps address the significant demand for local government infrastructure to support affordable housing development; and WHEREAS, the More Housing Now & Land Use Initiative offers a robust program that offers funding opportunities for the development and adoption of land use strategies to make it easier to develop affordable housing, such as: land use strategy adoption; regional housing needs assessments; shared housing analysis and agreements (“fair share agreements”); fiscal health and greenhouse gas reduction land use strategy analysis; and similar work necessary to inform impactful strategy selection and adoption; technology and process improvements that effectively streamline development review processes for affordable housing projects; preliminary planning and analysis (public/nonprofit) technical assistance projects in rural communities (defined as a county with a population of less than 50,000 or a municipality with a population of less than 25,000) WHEREAS, the Town of Avon, Eagle County and six municipalities in the Eagle River basin in Eagle County ("Eagle County Housing Partners") desire to collaborate on a regional housing plan to update the housing needs assessment (last done in 2018) and establish a Land Use Strategy and Action Plan, as the region is experiencing a severe affordable housing shortage; and WHEREAS, the Avon Town Council supports a Grant Application submittal for the More Housing Now & Land Use Initiative, for state funding offered by DOLA’s EIAF Tier I Level in the amount of $200,000 with a 10% match for planning projects split between Avon, Vail and Eagle County ($8K each for total of $24K), and supports the Eagle County Housing Partners’ effort to draft the Eagle County Regional Housing Action Plan; and WHEREAS, the Avon Town Council finds that the Eagle County Regional Housing Action Plan will promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON, COLORADO, THAT: Section 1. The above recitals are hereby incorporated as findings by the Town Council. Section 2. The Town Council of the Town of Avon supports the Eagle County Regional Housing Action Plan and will authorize the expenditure of funds necessary to meet the terms and obligations of any grant awarded pursuant to a Grant Agreement with DOLA. ATTACHMENT A Resolution No. 23-14 July 25, 2023 Page 2 of 2 Section 4: If a grant is awarded, the Town Council of the Town of Avon hereby authorizes the (Designated Official) to sign a Grant Agreement with the Department of Local Affairs for the Energy and Mineral Impact Assistance Funds. ADOPTED JULY 15, 2023 BY THE AVON TOWN COUNCIL By: Attest:___________________________ Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk More Housing Now & Land Use Initiative Grants, Eligibility, Process The Colorado Department of Local Affairs (DOLA) supports efforts by local governments to adopt land use and other strategies to increase opportunity for affordable housing development. A significant barrier to redevelopment is the cost to upgrade and upsize or otherwise provide needed infrastructure to incentivize affordable housing development. While these project types are already eligible under Energy & Mineral Impact Assistance (EIAF) program guidelines, this initiative helps address the significant demand for local government infrastructure to support affordable housing development. The Initiative supports a reduced local match and increased award opportunities. All applications in this Initiative will follow the regularly planned cycles of the EIAF Program. Eligible Projects •Infrastructure projects that support affordable and attainable housing goals (grant limit increased to $2M) o Publicly owned infrastructure and streetscape improvements: water, sewer, stormwater, publicly owned utility infrastructure, sidewalks, and streetscape or placemaking improvements, including high efficiency street lights, accessibility improvements, public electric vehicle (EV) charging stations, and bike or other multimodal improvements o Ineligible: housing construction or privately-owned infrastructure •Development and adoption of land use strategies to make it easier to develop affordable housing, such as: o land use strategy adoption o regional housing needs assessments, shared housing analysis and agreements (“fair share agreements”), fiscal health and greenhouse gas reduction land use strategy analysis, and similar work necessary to inform impactful strategy selection and adoption o technology and process improvements that effectively streamline development review processes for affordable housing projects o preliminary planning and analysis (public/nonprofit) technical assistance projects in rural communities (defined as a county with a population of less than 50,000 or a municipality with a population of less than 25,000) o Ineligible: Housing needs assessments and similar studies and plans are eligible but must be paired with land use strategy adoption. o Municipalities and counties are encouraged to seek funding from other DOLA Division of Local Government (DLG) programs first (e.g., Prop 123 Local Planning Capacity, Strong Communities) •All projects must address how the jurisdiction will consider equity issues for each infrastructure or planning project. Funding •$20M is established as an initiative within the EIAF Program through June 30, 2026 or when funds run out. •Match requirements: o Infrastructure projects: 25% o Planning projects: 10% Attachment B More Housing Now & Land Use Initiative Grants, Eligibility, Process •Projects with plans for more affordable units, onsite day care, and/or renewable energy will be more competitive for infrastructure funding. •The most competitive infrastructure projects will be able to demonstrate the necessary planning/design and financial feasibility has been completed. •Additionally, EIAF funding may only pay for publicly-owned infrastructure. Infill projects are more competitive. Projects are encouraged to meet the 2021 Internal Energy Conservation Code or net zero standards, and/or meet resilient building standards (e.g., wildfire resistant building materials). o Rural and Urban communities - up to 140% area median income (AMI) for rental and ownership o Rural resort communities - up to 140% for rental and 160% for ownership o See the urban/rural/resort classifications listed below •Municipalities and counties that have adopted land use strategies or are in the process of adopting land use strategies designed to make it easier to develop affordable housing will be more competitive for infrastructure funds. •Applications for these projects may be submitted as part of the regularly planned EIAF cycles. Applicants must contact their Regional Manager prior to submitting any application and must be “ready to go” in order to be accepted into an EIAF grant cycle. •Application opens on June 30, 2023 on the EIAF website. 970-390-2014 ewilson@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Eva Wilson, Public Works Director RE: Notice of Award for Task Order 2-2023-02 Public Works Complex – Vehicle Storage Facility Design DATE: July 19, 2023 SUMMARY: Staff requests Council authorization to issue a Notice of Award for the design of the Public Works Complex – Vehicle Storage Facility, as approved in the Town of Avon 2023 Capital Projects Fund. The project will complete the design for the Vehicle Storage Facility located at Swift Gulch Rd and advertise the design for construction in Nov 2023. Construction is estimated to begin in the Spring of 2024 depending on funding availability. DISCUSSION: The Town of Avon embarked on a site analysis for an Avon Public Works Complex at the Swift Gulch and Lot 5 sites in Nov 2022. The Avon Public Works Complex was originally planned for the Lot 5 property while the Employee Housing project was planned for the Swift Gulch Site. As the design progressed with the Employee Housing project at Swift Gulch, site constraints, compatibility, and challenges arose. After the site analysis and programming for the Public Works Complex, the Swift Gulch site was selected. Site Analysis: Swift Gulch and Lot Page 2 of 4 Once the location was determined, based on current and future needs GSG Architecture provided the below concept for the Public Works Complex at Swift Gulch site with long-term storage at Lot 5. Conceptual Plans for Public Works Complex and Long Storage Page 3 of 4 3D Conceptual of the Vehicle Storage Facility Vehicle Storage Facility Floor Plan The facility will be able to provide storage for snow plows, and other equipment. In addition, a workshop area will be available to the Facilities Division. The current planning cost estimate for the construction of the facility is $3.5M. Page 4 of 4 PERFORMANCE SCHEDULE: The design is scheduled to be designed and advertised for construction in Nov 2023. Construction may begin in the Spring of 2024 depending on funding availability. FINANCIAL CONSIDERATIONS: The design of the Public Works Complex – Vehicle Storage Facility will be funded with the Town’s Public Works Facilities Capital Projects Fund. 2023 CIP Project Budget: $585,226 Task Order 2-2022-01 Public Works Complex Site Analysis/Programming $54,983 Task Order 2-2023-02 Public Works Complex – Vehicle Storage Facility Design $177,455 RECOMMENDATION: I recommend Council authorization to award Task Order 2-2023-2, for the design of the Vehicle Storage Facility to GSG Architecture in the amount of $177,455. PROPOSED MOTION: “I move to authorize the issuance of the Notice of Award for the design of the Vehicle Storage Facility to GSG Architecture in the amount of $177,455 as approved by the Town of Avon Capital Projects Fund.” Thank you, Eva ATTACHMENT A: GSG Architecture Proposal ATTACHMENT B: Public Works Complex Analysis and Programming Town of Avon, Colorado TASK ORDER #2 - Public Works Design & Construction Documents GSG Architecture Proposal for A & E Services REVISED FINAL JULY 20, 2023 Page 1 Explanation of Fees: This revised proposal p includes the following phases and services and assumes design/bid/build delivery method. This proposal is based on the design progressing substantially in accordance with the previously complete conceptual design completes in the feasibility study. Material changes to the design may require additional service fees and reimbursable expenses. June 8, 2023 - Fee reductions from the previous proposal we achieved entirely through GSG Architecture. Consultant fees to GSG remained the same. We reevaluated the fees with consultants and believe they are justified and as low as possible while still allowing for an acceptable quality of work. Internally, GSG reallocated some hours from Project Principal to Project Manager, reduced hours where possible, and reduced trips to the site to achieve cost reductions. GSG also eliminated the 10% administrative fee for subconsultant contracts that is customary and was previously applied. July 20, 2023 – This modification at the request of the owner adds $5,130 to design costs to accommodate the inclusion of in floor radiant heat for the facility. This is a direct pass-through of consultant costs with no additional fees added. See attached cost breakdown. SCOPE OF SERVICES Schematic Design (SD) - Includes One (1) trip ·We will review possible building structural, exterior envelope and HVAC systems and make selections based on cost effective operations vs. first cost, as well as ease of maintenance. ·We will provide an SD cost estimate inclusive of selected options that meets budget, and work with the Town to select an option which best suits need and budget. ·GSG will incorporate the feasibility study information into schematic level site and building plans. ·Upon approval of a final option and budget we will proceed to Design Development. Design Development (DD) ·GSG Architecture will implement specific requirements within the space allocated for them during concept design. ·We will continue to return with design options for your approval. These will be based on specific requests from your user groups, budget constraints, and our interpretation of use and flow facility both internally and on the site. ·We will update our inventory of equipment and vehicles as necessary and make appropriate changes. ·GSG will begin preliminary communications with Town of Avon Community Development to ensure code compliance. ·GSG will work to produce a design that meets or exceeds expectations for function and budget. ·We will submit DD documents for your review and make corrections as requested to accommodate budget and functionality. ·Upon approval, we will proceed to Construction Documents. Construction Documents (CD) ·Throughout the process, we will continue to engage the Town to ensure that all design elements are accounted for and fully developed in the drawings and specifications, and that these work products meet the Town of Avon Community Development standards. ·We will continue working with our cost estimator and the Town to develop the final cost estimate. Attachment A Town of Avon, Colorado TASK ORDER #2 - Public Works Design & Construction Documents GSG Architecture Proposal for A & E Services REVISED FINAL JULY 20, 2023 Page 2 · We will provide a complete set of documents in PDF format for your review and use in solicitation of bids. · At completion of this phase, we will submit plans and specifications to the Town of Avon Community Development for review and will make any corrections requested. FEE PROPOSAL General Exclusions (GSG Architecture can deliver any services listed below at an additional negotiated fee if desired): · Bidding and Construction Administration services (to be contracted in a separate Task Order) · Hazardous material investigations, inspections, and abatement. · Phase I Environmental or other environmental investigations or reports. · FF&E Design and procurement. · Geothermal, PV and Wind Cogeneration systems. · Geotechnical Investigations and Reports. (Previous reports supplied by Owner from the same area will be used.) · LEED Certification of the project. · Plan review and building permit fees. · Reproduction of documents for bidding. · Construction materials testing. · Building and / or system Commissioning. · IT/AV Design (we will provide basic pathway and termination locations). · Construction staking. · Bidding and Contract (Construction Administration Services) · All items and services not specifically included. FIXED FEE PROPOSAL - ARCHITECTURAL & ENGINEERING SERVICES: Schematic Design $ 34,538 Design Development $ 65,108 Contract (Construction) Documents $ 75,309 Total Services $ 174,955 Reimbursable Expenses $ 2,500 (Estimate only) Please call to discuss at your convenience. We are always willing to negotiate fee and scope to suit the best interests of the project. Sincerely, James Holloway, AIA, LEED AP CEO / Principal Town of Avon, Colorado TASK ORDER #2 - Public Works Design & Construction Documents GSG Architecture Proposal for A & E Services REVISED FINAL JULY 20, 2023 Page 3 FEASIBILITY STUDY PUBLIC WORKS FACILITY Project No.: 2217 May 2, 2023 Attachment B INDEX 2217 1 INDEX EXECUTIVE SUMMARY INTRODUCTION SITE PUBLIC WORKS DEPARTMENT ANTICIPATED ADMINISTRATION SPACE ANTICIPATED VEHICLE STORAGE SPACE ANTICIPATED DEVELOPMENT OF VEHICLE MAINTENANCE PROGRAMMING SUMMARY SITE PLANNING SUMMARY APPENDIX MEETINGS PROGRAM INITIAL STUDIES FINAL OPTION COST ESTIMATE Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Page 1 EXECUTIVE SUMMARY A program was developed during a meeting with the Town of Avon Public Works staff on November 30, 2022 to determine the optimal square footage of building required to accommodate current needs and future growth. Approximately 15,000 square feet is necessary to accommodate the administrative offices/tool shops and vehicle storage functions. The Town of Avon owns two sites, Swift Gulch and Lot 5, which were both studied by GSGarchitecture and JVA Civil Engineers for appropriate “fit.” Previously, the Town studied possible employee housing at both sites; GSG was not tasked with evaluating competing interests for the two sites. The Planning and Zoning Commission met on April 4th and passed along the Swift Gulch site recommendations to the Town Council, who met and concurred on April 11th. The cost estimated for the final approved facility layout (all electric with unit heaters) on the Swift Gulch site is $3,456,000. If in floor radiant heat provided by ground source heat pumps is desired, add $290,000. A concept design based upon this feasibility study has been commissioned by the Town of Avon. INTRODUCTION The Town of Avon’s current Public Works Facilities are spread over several sites with buildings that are undersized, inefficient, and in disrepair. Due to the need for the facilities to be consolidated and updated, as well as anticipation of future community growth, the Town commissioned GSGarchitecture to review their existing facilities and make recommendations for a new Public Works facility on either Tract AA and Lot 1A of Swift Gulch Addition or Lot 5 at the east end of Yoder Avenue. To begin this process, GSG developed a questionnaire for current Public Works staff to review their current working spaces, equipment and conditions, and list opportunities to improve the spaces and function of the Department. The following information has been compiled: SITE Location – should be as centrally located as possible, but on land owned by the Town of Avon. This limits the location to be the Swift Gulch site or the Lot 5 site. There will be limited public access to the site. Current outlying sites that have storage and maintenance vehicles requiring a consolidated location include the Parks Garage on West Benchmark Road, 351 Fire Station on Benchmark Road, Wildridge Fire Station on Saddle Ridge Loop, and the Annex on West Wildwood Road. Items to Consider • Drive-through bays (if site limitations allow) • Include visitor and staff parking – 35 spaces • Turning radii of large vehicles • Adequate storage PUBLIC WORKS DIVISIONS –The Town’s Public Works Department is responsible for the operational management and maintenance of the Town’s parks, open space, streetscape, hard and soft trails, Nottingham Lake, bridges, roads and streets, sidewalks, landscaping and storm water infrastructure. Five divisions within Public Works perform the following functions: • Public Operations: Provides and maintains public infrastructure, such as roads, drainage ways, and town facilities. Manages capital improvement projects, review construction documents, and assist in the planning for future infrastructure • Mobility: Oversees Avon's multimodal transportation programs such as alternative transportation and pedestrian mobility. Provides day-to-day fixed-route bus service, strategic planning, budget management,and passenger feeback systems. Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Page 2 development and management, establishment of performance goals/passenger feedback systems, maintains ADA certification and compliance, and transit vehicle procurement • Engineering: Provides safe and adequate public facilities. • Fleet Maintenance: Performs all maintenance and repairs on Town vehicles, equipment, and multiple third party customer vehicles. Maintains and up-keep Fuel Island at swift Gulch including ordering/billing fuel usage • Facilities: Operates and maintains six major buildings, performance pavilion and other facilities The Town of Avon chose to include Public Works, Operations, Engineering and Facilities departments to be housed in a future Public Works Administration facility. Fleet Maintenance is currently housed in an existing building on the Swift Gulch site east of the existing Avon Regional Transportation Facility (ARTF). According to the table provided by the Town of Avon, “Public Works Facility Programming” (Table 1 in Appendix), Public Works has three (3) staff, Operations has twenty (20)staff, Engineering has five (5) staff and Facilities has eight (8) staff, making a total of thirty-six (36) staff currently. The Town expects twenty percent (20%) growth, making a total of forty-three (43) staff. ANTICIPATED ADMINISTRATIVE SPACES (Future) – According to the Town’s Table 1, the Public Works Administration facility should plan to include a full complement of spaces as outlined below: • Offices • Public Works - Three (3) current; One (1) future • Operations – Four (4) current; One (1) future o Five (5) workstations in open office area current; Two (2) future o Training/Meeting space accommodating twenty plus (20+) staff; breakroom twenty plus (20+); his/hers locker rooms twenty plus (20+); uniform storage • Engineering – Five (5) current; Two (2) future; Meeting space accommodating twelve plus (12+) • Facilities – Three (3) current; One (1) future o Five (5) workstations in open office area current; Two (2) future Per January 6, 2023 email from Eva Wilson, twelve (12) offices will be provided in the future administration facility. Twenty percent (20%) growth requires two (2) additional offices. ANTICIPATED VEHICLE STORAGE SPACE – In the current facilities, many of the desired spaces are undersized and are spread out over several buildings in various locations. The goal of this program is to consolidate these spaces into a single facility. Allow for the following: • Five (5) Snow Plows current; One (1) future • One (1) Bucket Truck • One (1) Vactor Truck • Two (2) Street Sweepers current; One (1) future • One (1) Mini Excavator • Three (3) VMS mobile signs • Three (3) Bobcats • Two (2) loaders • One (1) tractor • One (1) backhoe • One (1) Skidsteer • Two (2) ATV 4 wheelers • Six (6) golf carts Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Page 3 ANTICIPATED LEVEL OF VEHICLE MAINTENANCE Vehicle maintenance will be limited to very light maintenance – most will be performed in the existing Vehicle Maintenance Facility on site. If engines are idling in the proposed Vehicle Storage Facility, an exhaust extraction system must be provided. PROGRAMMING SUMMARY Working with the Town staff, the design team facilitated a discussion regarding the development of a program for a facility that will house the Public Works administrative and vehicle storage activities on one site, in two structures. This discussion was based on the results of a written survey that was distributed to all Public Works staff. The results were compiled and shared with Public Works administrative and management staff, to facilitate brainstorming of ideas during the work session. Ideal development of the facilities will include the following spaces: Administrative (future project) o Lobby/Reception o Conference room o Small conference room o General purpose room o Offices o Open office cubicles o Breakroom/Kitchen o Restrooms/Locker rooms o Sleeping rooms o Laundry room o Storage/Maps/GIS – combine with small conference room o Tool storage o Printer/Scanner/Plotter room o IT/Server room Vehicle Storage o Vehicle storage bays o Tall/Wide sectional doors to accommodate large equipment o Fluid and compressed air distribution system The final program is included as Table 2 in the Appendix. It outlines a 7,600 SF one-story building. Detailed cost estimates are included in the Appendix. Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com SITE PLANNING The overall site plan below shows the Town of Avon’s multiple vehicle and storage areas, spread out over much of the Town’s area. Plow trucks in the higher elevations must come down to load cinders and then drive back up again to maintenance the roads. The streetsweepers are also located at 2110 Saddle Ridge Loop and must descend to sweep the Town’s streets. TOWN OF AVON, COLORADO The Town’s ultimate goal is to consolidate the administration of the Public Works Department and the associated vehicle storage on one easily accessible site. GSGarchitecture was tasked with determining the feasibility of locating these facilities on the Town’s Swift Gulch property or Lot 5. Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com TOWN OF AVON, COLORADO SWIFT GULCH AND LOT 5 SITES SITE PROS CONS Swift Gulch Existing utilities – available connections Snow drifting and storage Maintenance Facility is adjacent to site Steep grades for vehicles Existing cinder storage on site for plows Drainage from N & E must be maintained Direct access to main Town roads Significant earthwork required = addt’l costs Allows for South facing Admin & parking Lot 5 Existing utilities – available connections Maintenance Facility is at Swift Gulch site Minimal to no drainage issues Cinder storage for plows is at Swift Gulch site Allows for South facing Admin building Access to main Town roads is indirect Adjacent neighbor is retail use Residential development (quiet) to South Minimal excavation/grading = lower costs Drive thru Vehicle Storage bays possible Existing snow storage to North in ditch Detailed studies of building and parking layouts are located in the Appendix. Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com SUMMARY Both sites have positive and negative attributes; the Lot 5 site appears to be the most efficient and economical solution. From a functional standpoint, the Swift Gulch site would best accommodate the Public Works Department. At the February 1st meeting, the Public Works Department indicated that the Swift Gulch solution would be recommended to the Planning and Zoning Commission. The Planning and Zoning Commission met on April 4th and passed along the Swift Gulch site recommendations to the Town Council, who met and concurred on April 11th. A concept design based upon this feasibility study has been commissioned by the Town of Avon. The Town prefers a south facing building, with apron and bay doors south facing, to take advantage of solar heating providing rapid snow removal. A smaller building footprint, determined by the width of the gulch, existing road and existing drainage channel requirements, is preferred by the Town to avoid excessive retaining walls and associated earthwork. The Town requested 14 foot x 14 foot overhead doors at each bay. The Town also indicated the floor plan should be open with no dividing walls to provide f lexibility. The final approved facility layout is a 95-foot-wide x 80-foot-deep, 7,600 square foot pre-engineered metal building which will be specifically for storage of Public Works vehicles. Four (4) bays are provided for vehicle storage and a workshop area is located in a fifth bay on the east end of the building. The bays are not configured to be drive-through due to site grading limitations; vehicles will stack in the bays. A restroom will be provided for employees and there will be a dedicated storage room. Daylighting is a priority to illuminate required tasks; it should be maximized on all sides of the building while limiting glare. This building size/configuration will accommodate the snow plows, bucket truck, Vactor truck , one (1) street sweeper, one (1) Skidsteer, one (1) tractor, two (2) bobcats and two (2) golf carts. The following Town vehicles previously inventoried will not fit in this building size/configuration: o Two (2) Four Wheelers/ATVs o One (1) Mini Excavator o One ()1 Loader o Four (4) Golf Carts o Two (2) Street Sweepers (1 is new and being delivered soon) o One (1) Backhoe o Three (3) VMS signs Other storage arrangements will need to be planned for these vehicles. The cost estimated for the final approved facility layout (all electric with unit heaters) on the Swift Gulch site is $3,456,000. If in floor radiant heat provided by ground source heat pumps is desired, add $290,000. Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com APPENDIX Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com PROGRAM Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com INITIAL STUDIES Mi n i Ex c a v a t o r Bo b c a t Bo b c a t Bo b c a t Lo a d e r Sk i d S t . St r e e t Sw e e p e r VM S VM S Tr a c t o r Ba c k h o e Lo a d e r TO O L W A L L REC. STORAGE AD D I . S M A L L S T O R A G E Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w St r e e t Sw e e p e r St r e e t Sw e e p e r Va c t o r T r u c k Bu c k e t T r u c k VM S 4 W h . 4 W h . Ca r t Ca r t Ca r t Ca r t Ca r t Ca r t OFFICE/ADMIN AREA BUILDING STEP 6'BUILDING STEP 6'BUILDING STEP 6' 238' - 0" 80 ' - 0 " Mi n i Ex c a v a t o r Bo b c a t Bo b c a t Lo a d e r Sk i d S t . VM S VM S Tr a c t o r Lo a d e r TOOL STORAGE REC. STORAGE ADDI. SMALL STORAGE Sn o w P l o w Va c t o r T r u c k VM S LOWER LEVEL OFFICE/ ADMIN AREA BUILDING STEP 6'BUILDING STEP 6' Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Bu c k e t T r u c k St r e e t Sw e e p e r St r e e t Sw e e p e r St r e e t Sw e e p e r Ba c k h o e 4 W h . 4 W h . Ca r t Ca r t Ca r t Ca r t Ca r t Ca r t Bo b c a t 162' - 0" 94 ' - 0 " TOOL STORAGE REC. STORAGE ADDI. SMALL STORAGE LOWER LEVEL OFFICE/ ADMIN AREA Mi n i Ex c a v a t o r Bo b c a t Bo b c a t Lo a d e r Sk i d S t . VM S VM S Tr a c t o r Lo a d e r Sn o w P l o w Va c t o r T r u c k VM S Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Bu c k e t T r u c k St r e e t Sw e e p e r St r e e t Sw e e p e r St r e e t Sw e e p e r Ba c k h o e 4 Wh.4 Wh. Ca r t Ca r t Ca r t Ca r t Ca r t Ca r t Bo b c a t 150' - 0" 10 0 ' - 0 " TO O L S T O R A G E RE C . S T O R A G E AD D I . S M A L L S T O R A G E LOWER LEVEL OFFICE/ ADMIN AREA BobcatBobcat Lo a d e r Skid St. VMS VMS Tractor Loader VMS Sn o w P l o w Ba c k h o e 4 Wh. 4 W h . Cart Cart CartCart Cart Bobcat Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Bu c k e t T r u c k Va c t o r T r u c k Street Sweeper Street Sweeper Street Sweeper Mini Excavator Cart 62' - 2" 14 2 ' - 0 " 68 ' - 0 " 98' - 0" 74 ' - 0 " 160' - 2" TOOL STORAGE REC. STORAGE ADDI. SMALL STORAGE LO W E R LE V E L OF F I C E / AD M I N AR E A Bo b c a t Bo b c a t Lo a d e r Sk i d S t . Sn o w P l o w Ba c k h o e 4 W h . 4 W h . Bo b c a t Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Bu c k e t T r u c k Va c t o r T r u c k Tr a c t o r St r e e t Sw e e p e r St r e e t Sw e e p e r VM S Lo a d e r St r e e t Sw e e p e r VM S VM S Mi n i Ex c a v a t o r Ca r t Ca r t Ca r t Ca r t Ca r t Ca r t 200' - 0" 76 ' - 0 " TOOL STORAGE REC. STORAGE ADDI. SMALL STORAGE LO W E R LE V E L OF F I C E / AD M I N AR E A Bo b c a t Bo b c a t Lo a d e r Sk i d S t . Sn o w P l o w Ba c k h o e 4 W h . 4 W h . Bo b c a t Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Bu c k e t T r u c k Va c t o r T r u c k Tr a c t o r St r e e t Sw e e p e r St r e e t Sw e e p e r VM S Lo a d e r St r e e t Sw e e p e r VM S VM S Mi n i Ex c a v a t o r Ca r t Ca r t Ca r t Ca r t Ca r t Ca r t 200' - 0" 76 ' - 0 " TOOL STORAGE REC. STORAGE ADDI. SMALL STORAGE LO W E R LE V E L OF F I C E / AD M I N AR E A Bo b c a t Bo b c a t Lo a d e r Sk i d S t . Sn o w P l o w Ba c k h o e 4 W h . 4 W h . Bo b c a t Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Bu c k e t T r u c k Va c t o r T r u c k Tr a c t o r St r e e t Sw e e p e r St r e e t Sw e e p e r VM S Lo a d e r St r e e t Sw e e p e r VM S VM S Mi n i Ex c a v a t o r Ca r t Ca r t Ca r t Ca r t Ca r t Ca r t 200' - 0" 76 ' - 0 " ADDI. SMALL STORAGE Bo b c a t Sk i d S t . Tr a c t o r VM S VM S Bo b c a t Bo b c a t Sn o w P l o w Sn o w P l o w Sn o w P l o w Bu c k e t T r u c k Mi n i Ex c a v a t o r Lo a d e r St r e e t Sw e e p e r St r e e t Sw e e p e r 4 W h . 4 W h . Sn o w P l o w Sn o w P l o w Sn o w P l o w Va c t o r T r u c k Ba c k h o e St r e e t Sw e e p e r Lo a d e r VM S Ca r t Ca r t Ca r t Ca r t Ca r t Ca r t GARAGE DOOR GARAGE DOOR 167' - 4 3/16" 80 ' - 0 " 130' - 0" ST A I R S U P RR RR OFFICE/ADMIN WORK AREA 80 ' - 0 " 130' - 0" ST A I R S U P RR RR OFFICE/ADMIN WORK AREA 80 ' - 0 " 130' - 0" ST A I R S U P RR RR OFFICE/ADMIN WORK AREA 80 ' - 0 " 126' - 0" RR Mech Water Open Work Area Work Bench Common Workspace Elec/IT/ Storage RR Office Office Office 80 ' - 0 " 126' - 0" MOUNTAIN STAR FILING No. 1 LOT 1A SWIFT GULCH ADDITION TRACT V MOUNTAIN STAR FILING No. 2 PVC FENCE POST (TYP) DIRT ROAD DIRT ROAD GRAVEL ASPHALT ASPHALT ASPHALT ASPHALT ASPHALTASPHALT GAS PUMP ISLAND SECOND AMENDMENT SW I F T G U L C H O V E R A L L S I T E P L A N OP T I O N 1 EX 1 RE V I S I O N D E S C R I P T I O N D' W N DE S ' D DA T E NO . DESIGNED BY: DRAWN BY: CHECKED BY: JOB #: DATE: © JVA, INC. TO W N O F A V O N P U B L I C W O R K S FA C I L I T Y A S S E S S M E N T SHEET NO. 3709c MARCH 24, 2023 WDD ZCF ZCF JVA, Inc.1319 Spruce Street www.jvajva.com Boulder, CO 80302 303.444.1951 Boulder ● Fort Collins ● Winter Park Glenwood Springs ● Denver MOUNTAIN STAR FILING No. 1 LOT 1A SWIFT GULCH ADDITION TRACT V MOUNTAIN STAR FILING No. 2 PVC FENCE POST (TYP) DIRT ROAD DIRT ROAD GRAVEL ASPHALT ASPHALT ASPHALT ASPHALT ASPHALTASPHALT GAS PUMP ISLAND SECOND AMENDMENT SW I F T G U L C H O V E R A L L S I T E P L A N OP T I O N 2 EX 2 RE V I S I O N D E S C R I P T I O N D' W N DE S ' D DA T E NO . DESIGNED BY: DRAWN BY: CHECKED BY: JOB #: DATE: © JVA, INC. TO W N O F A V O N P U B L I C W O R K S FA C I L I T Y A S S E S S M E N T SHEET NO. 3709c MARCH 24, 2023 WDD ZCF ZCF JVA, Inc.1319 Spruce Street www.jvajva.com Boulder, CO 80302 303.444.1951 Boulder ● Fort Collins ● Winter Park Glenwood Springs ● Denver AD D I . S M A L L S T O R A G E Sn o w P l o w Bu c k e t T r u c k St r e e t Sw e e p e r Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Sn o w P l o w Bobcat Bobcat Bobcat Skid St. Tr a c t o r VM S VM S Mi n i Ex c a v a t o r Lo a d e r St r e e t Sw e e p e r Va c t o r T r u c k Ba c k h o e St r e e t Sw e e p e r Lo a d e r VM S Ca r t Ca r t Ca r t Ca r t 4 W h . 4 W h . Ca r t Ca r t 134' - 0" 60 ' - 0 " MOUNTAIN STAR FILING No. 1 LOT 1A SWIFT GULCH ADDITION TRACT V MOUNTAIN STAR FILING No. 2 PVC FENCE POST (TYP) DIRT ROAD DIRT ROAD GRAVEL ASPHALT ASPHALT ASPHALT ASPHALT ASPHALTASPHALT GAS PUMP ISLAND SECOND AMENDMENT SW I F T G U L C H O V E R A L L S I T E P L A N OP T I O N 3 EX 3 RE V I S I O N D E S C R I P T I O N D' W N DE S ' D DA T E NO . DESIGNED BY: DRAWN BY: CHECKED BY: JOB #: DATE: © JVA, INC. TO W N O F A V O N P U B L I C W O R K S FA C I L I T Y A S S E S S M E N T SHEET NO. 3709c MARCH 24, 2023 WDD ZCF ZCF JVA, Inc.1319 Spruce Street www.jvajva.com Boulder, CO 80302 303.444.1951 Boulder ● Fort Collins ● Winter Park Glenwood Springs ● Denver Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com FINAL OPTION 80 ' - 0 " STORAGE SHELVING RR STOR. ROOM OPEN WORKSHOP AREA 95' - 0" 3' - 0 " 36 ' - 2 " LOT 1A SWIFT GULCH ADDITION PVC FENCE POST (TYP) DIRT ROAD DIRT ROAD GRAVEL ASPHALT ASPHALT ASPHALT ASPHALT ASPHALT GAS PUMP ISLAND 4 20 SU-30 - Single Unit TruckOverall Length 30.000ftOverall Width 8.000ftOverall Body Height 13.500ftMin Body Ground Clearance 1.367ftTrack Width 8.000ftLock-to-lock time 5.00sMax Steering Angle (Virtual)31.80° EX 1 RE V I S I O N D E S C R I P T I O N D' W N DE S ' D DA T E NO . DESIGNED BY: DRAWN BY: CHECKED BY: JOB #: DATE: © JVA, INC. TO W N O F A V O N P U B L I C W O R K S FA C I L I T Y A S S E S S M E N T SHEET NO. 3709c APRIL 19, 2023 WDD ZCF ZCF JVA, Inc.1319 Spruce Street www.jvajva.com Boulder, CO 80302 303.444.1951 Boulder ● Fort Collins ● Winter Park Glenwood Springs ● Denver SW I F T G U L C H O V E R A L L S I T E P L A N Town of Avon Public Works Facility Feasibility Study 05/02/2023 ___ _ __ Casper, WY | Greeley, CO | Sheridan, WY www.gsgarchitecture.com COST ESTIMATE Johan Kemp Estimating Services Avon Public Works Facility Estimate: Date: Project: Location: 1 Final Option $3,455,230 NOTES: Costs not included for abatement of hazardous materials Cost estimates are based on an open competitive bid contracting method Costs are based on an April 2023 baseline Costs are not based on prevailing wage rates Escalation calculated to midpoint of construction Estimated costs exclude: Moving expenses and relocation costs are not included Demolition of existing structures Tap fees and utility connection fees excluded All FF&E Building Johan Kemp Estimating Services Inc. Totals $ Avon, CO Concept Design May 1, 2023 Public Works Facility Summary 1 of 2 Concept Design May 1, 2023 2 VEHICLE STORAGE $1,834,455.00 Foundations 7,600 sf $35.00 $266,000.00 Bulk excavation 1 allow $16,000.00 $16,000.00 Concrete retaining walls 875 sf $78.00 $68,250.00 PEMB 7,600 sf $69.00 $524,400.00 Concrete SOG - 8"7,600 sf $16.00 $121,600.00 Steel girts and framing 7,600 sf $12.00 $91,200.00 Aluminum framed windows 450 sf $76.00 $34,200.00 OH Doors 14' x 14' - motorized 5 ea $31,000.00 $155,000.00 HM insulated external single doors 2 ea $3,200.00 $6,400.00 Internal walls 600 sf $25.00 $15,000.00 Insulation to external walls 8,400 sf $5.00 $42,000.00 Concrete floor sealer 7,600 sf $2.00 $15,200.00 Internal finishes 7,600 sf $0.50 $3,800.00 Painted lines on concrete floor 680 lf $2.25 $1,530.00 HM internal single doors 2 ea $2,900.00 $5,800.00 Bathroom fittings 1 allow $5,000.00 $5,000.00 Heavy duty shelving units 3' deep 85 lf $175.00 $14,875.00 Bollards 20 ea $750.00 $15,000.00 MEP 7,600 sf $57.00 $433,200.00 4 SITE $438,962.00 Bulk excavation 1 allow $90,000.00 $90,000.00 Imported clean fill 1 allow $5,000.00 $5,000.00 Site prep and fine grading 1 allow $25,000.00 $25,000.00 Concrete retaining walls 1 allow $20,000.00 $20,000.00 Utilities 1 allow $225,000.00 $225,000.00 Concrete sidewalk 250 sf $8.00 $2,000.00 Asphalt paving 334 sy $68.00 $22,712.00 Concrete paving 950 sf $15.00 $14,250.00 Landscape and misc. improvements 1 allow $35,000.00 $35,000.00 $2,273,417.00 18.00%$409,215.00 15.00%$402,395.00 12.00%$370,203.00 Total Estimated Construction Cost Location: Element Description Final Option New Maintenance Facility Estimate: Date: Project: Avon, CO Cost $TotalsQuantityUOMRate $ Subtotal General Conditions Profit & Overhead Design and Estimate Contingency Allowance for Escalation in Construction Cost $3,455,230.00 Final Option 2 of 2 TO: Honorable Mayor Amy Phillips and Council members FROM: Jena Skinner, Senior Planner RE: Lot 3 Mountain Vista Resort Findings of Fact & Record of Decision MJR22002 Major Development Plan & Development Bonus Request DATE: July 25, 2023 SUMMARY: This report reflects the attached Findings of Fact and Record of Decision for case MJR22002 Lot 3 Mountain Vista Resort (Stonebridge Hotel). This document captures the Town Council (“Council”) findings established at the June 27, 2023, hearing for the Major Development Plan application and memorializes the associated Development Bonus request outcome. Thanks, Jena Record of Decision: MJR22002 Page 1 of 2 AVON TOWN COUNCIL FINDINGS OF FACT AND RECORD OF DECISION DATE OF PUBLIC HEARINGS: June 13, 2023, June 23, 2023 (Town Council) April 18, 2023 (PZC) TYPE OF APPLICATION: Major Development Plan; Development Bonus PROPERTY LOCATIONS: 0140 W Beaver Creek Blvd. Lot 3, Mountain Vista Resort FILE NUMBER: MJR22002 APPLICANT: Lot 3 Mountain Vista, LLC (“Owners”) represented by Johann Duran- Hunt/Beck Group This Record of Decision is made in accordance with the Avon Development Code §7.16.080(c): DECISION: MJR22002: Approved With Conditions Development Bonus Request: Approved FINDINGS: 1. MAJOR DEVELOPMENT PLAN: §7.16.080, Development Plan: The applications were reviewed in conformance with § 7.16.010(f)(1), and these applications are found to be consistent with the criteria of this Section. 2. GENERAL PROCEDURES & REQUIREMENTS CRITERIA: § 7.16.010(f)(1), Review Criteria: The applications were reviewed in conformance with § 7.16.010(f)(1), and these applications are found to be consistent with the criteria of this Section. 3. DEVELOPMENT BONUS CRITERIA § 7.16.170(a) Review Criteria The applications were reviewed in conformance with § 7.16.170(a), and this application is found to be consistent with the criteria of this Section. CONDITIONS (MJR22002): 1. ILCs are required to confirm building height and improvement installation throughout the construction process. 2. Engineering approval for the site access and drainage shall be required prior to the issuance of a building permit including without limitation addressing any negative impacts to W BC Blvd. 3. Lights in the recessed lighting fixtures shall not create a glare or nuisance for neighboring property owners. Lower wattages or diffusers are required for these fixtures if glare is detectable. Further, all windows in lit corridors must be glazed or tinted to prevent glare or any light being seen from neighboring properties that may be considered nuisance lighting. 4. A physical materials “board” shall be reviewed and approved by PZC before completion of framing. 5. The following pertains to the draft Development Agreement presented at hearing: The Development Agreement needs to be approved by the Town Manager and the Town Attorney and be in the form and substance of what was presented on the dais, which was different than what was in the packet, including section 4.1C – a reference to a permanent pedestrian easement from north to south; in subsection 4.1D – bilateral understanding and Record of Decision: MJR22002 Page 2 of 2 cooperation with the Town and the Owner with respect to the interface with the town hall site; with respect to paragraph 4.3 – reference to temporary or final certificate of occupancy; assurance that there is not only a ped easement contemplated in the Development Agreement but there is a restrictive covenant with respect to the valet-stacked equipment parking in the parking garage and a restrictive covenant with respect to the two workforce housing units; correction/striking of the irrigated acreage in 5.1; and the improvement of the enforcement mechanisms with cross-reference to the development code within the restrictive covenants. DEVELOPMENT BONUS REQUEST: Approval for (1) the modified setbacks as proposed in the application including underground setbacks for the parking garage and first-level hotel unit-encroachments on the southside of the building; (2) use of a valet parking system offering 114 physical/defined parking spaces (with the ability to park at least 158 vehicles using the modified parking system) in lieu of 158 physical/defined parking spaces as is required in the Avon Municipal Code. APPROVED JULY 25TH, 2023 by the AVON TOWN COUNCIL By: Attest: Amy Phillips, Mayor Miguel Jauregui Casanueva, Town Clerk 970-748-4044 dstockdale@avon.org TO: Honorable Mayor Amy Philips and Council Members FROM: Dean Stockdale, Senior Accountant RE: Financial Report – May 2023 & June 2023 data DATE: July 18th, 2023 SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and short-term rental tax for May 2023 and the recreation fees and real estate transfer tax revenues for June 2023. BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of this report in respect to each individual section for May and June revenues in 2023. Tax revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget variances are based on a 3-year average of actual revenues. REVENUE ANALYSIS: Sales Tax: Revenues – May 2023: May sales tax revenues totaled $625,806. This is a decrease of $21,439 or 3.31% compared to May 2022 sales tax revenue of $647,245. MAY 2022 v MAY 2023 SALES TAX COMPARISON BY INDUSTRY May 2022 May 2023 Increase/Decrease Home/Garden $104,236.93 $67,854.40 ($36,382.53) Grocery/Specialty/Health $145,296.82 $145,048.32 ($248.50) Sporting Goods Retail/Rental $28,777.38 $25,358.57 ($3,418.81) Miscellaneous Retail $24,194.36 $25,362.83 $1,168.47 Accommodations $72,668.16 $63,155.52 ($9,512.64) Restaurants/Bars $111,443.96 $108,785.46 ($2,658.50) Other $7,200.34 $11,642.69 $4,442.35 Service Related $15,553.20 $19,264.09 $3,710.89 Liquor Stores $38,416.07 $39,943.36 $1,527.29 E-Commerce Retail $37,425.77 $52,877.77 $15,452.00 Manufacturing/Wholesale $7,349.44 $15,059.54 $7,710.10 Construction Related Services $47,672.63 $43,844.48 ($3,828.15) Digital Media Suppliers/Sellers $5,486.94 $6,797.15 $1,310.21 Commercial/Industrial Equipment $1,326.74 $812.15 ($514.59) Special Events $196.77 $0.00 ($196.77) TOTAL $647,245.51 $625,806.33 ($21.439.18) Sales Tax: May 2023 Budget v Actual Collections: May 2023 sales tax revenues totaled $625,806. This is an increase of $3,544 over the May 2023 estimates of $622,261. This is 0.57% above the adopted 2023 budget (based on a 3-year average). Page 2 of 9 MAY 2023 BUDGET v ACTUAL COLLECTIONS - SALES TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance May $622,261.81 $625,806.33 $3,544.52 0.57% 422,685.32 424,189.45 567,768.59 647,245.51 $625,806.33 0.36% 33.85% 14.00% -3.31% $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 2019 2020 2021 2022 2023 2019-2023 May Sales Tax Revenue Trend Page 3 of 9 Accommodation Tax: Revenues – May 2023: Accommodation tax revenues totaled $67,232 for the month of May. This is a decrease of $9,262 or 12.11% compared to May 2022 accommodation tax revenues, which totaled $76,495. Accommodation tax collections by industry type for May 2023 compared to May 2022 reported a decrease for Hotels, Vacation Rentals and Timeshares. MAY 2022 v MAY 2023 ACCOMMODATION TAX COMPARISON BY INDUSTRY May 2022 May 2023 Increase/(Decrease) Timeshares $15,353.27 $13,365.41 ($1,987.86) Hotels $30,768.87 $27,024.75 ($3,744.12) Vacation Rentals $30,373.33 $26,842.79 ($3,530.54) TOTAL $76,495.47 $67,232.95 ($9,262.52) May 2023 Budget v Actual Collections: May 2023 accommodation tax revenues totaled $67,232.95. This is a decrease of $11,067 over the May 2023 estimates of $78,300. This is 14.14% below the adopted 2023 budget (based on a 3-year average). MAY 2023 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX 2023 Budget 2023 Actual Dollar Variance Percentage Variance May $78,300.94 $67,232.95 ($11,067.99) (14.14%) 47,259 13,290 83,829 76,495 67,233-71.88% 530.79% -8.75% -12.11% $0 $50,000 $100,000 2019 2020 2021 2022 2023 2019-2023 May Accommodation Tax Revenue Trend Page 4 of 9 Short Term Rental Tax for CH: Revenues – May 2023: STR Tax for Community Housing totaled $27,818 for the month of May. This is a decrease of $5,178 or 15.69% compared to May 2022. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as residential. MAY 2022 v MAY 2023 STR TAX FOR CH COMPARISON BY INDUSTRY May 2022 May 2023 Increase/(Decrease) Timeshares $7,676.64 $6,682.71 ($993.93) Hotels $10,834.50 $8,672.20 ($2,162.30) Vacation Rentals $14,486.43 $12,464.06 ($2,022.37) TOTAL $32,997.57 $27,818.97 ($5,178.60) Tobacco & Cigarette Tax: Revenues – May 2023: Tobacco tax revenues totaled $26,362 and cigarette tax revenues totaled $18,906 for May 2023. Compared to May 2022 revenues, this is an increase of $2,088.58 for tobacco tax revenues, which totaled $24,273.88 and a decrease of $1,128 for cigarette tax revenues, which totaled $18,906. 4,833 14,952 18,775 24,274 26,362 209.41% 25.57% 29.29% 8.60% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2023 2019-2023 May Tobacco Tax Revenue Trend Page 5 of 9 May 2023 Adopted Budget v Actual Collections: May 2023 tobacco and cigarette tax revenues totaled $26,362 and $18,906, respectively. This is an increase of $4,246, over the May 2023 budget for tobacco tax, which is $22,115 and a decrease of $1,381 over the May 2023 budget for cigarette tax estimates, which is $20,287 which is based on a 3-year average. MAY 2023 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Tobacco $22,115.55 $26,362.46 $4,246.91 19.20% Cigarettes $20,287.14 $18,906.00 ($1,381.14) (6.81%) Total $2,865.77 28,463 23,781 19,734 20,034 18,906 -16.45% -17.02% 1.52% -5.63% - 5,000 10,000 15,000 20,000 25,000 30,000 2019 2020 2021 2022 2023 2019-2023 May Cigarette Excise Tax Revenue Trend Page 6 of 9 Real Estate Transfer Tax: Revenues – June 2023: June 2023 real estate transfer tax totaled $532,712. Compared to June 2022, which totaled $417,855, this is an increase of $114,856. This is an increase of $82,031 over the June 2023 budget which was based on a 3-year average. JIUNE 2023 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES 2023 Budget 2023 Actual Dollar Variance Percentage Variance Real Estate Transfer Tax $450,680.84 $532,712.33 $82,031.49 18.20% $237,144 $222,169 $560,858 $417,855 $532,712 -6.31% 152.45% -25.50% 27.49% $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2019 2020 2021 2022 2023 Real Estate Transfer Tax June Revenue Trends Page 7 of 9 Recreation Center Fees: Revenues – June 2023 Admissions & Program Fees: Recreation admission revenues for June 2023 totaled $109,463 an increase of $12,494 compared to June 2022 which totaled $96,969.12. This is $24,800 above the adopted 2023 budget estimates of $84,663. Recreation program fee revenues for June 2023 totaled $36,374. This is an increase of $6,475 compared to 2022, which totaled $29,899. This is $4,320 below the adopted 2023 budget estimates, which is $40,695 which is calculated based on a 3-year average. $34,569 $36,744 $31,057 $29,899 $36,375 6.29% -15.48%-3.73% 21.66% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2019 2020 2021 2022 2023 Recreation Program Fees June Revenue Trends 68,601 12,372 71,229 96,969 109,464 -81.97% 475.72% 36.14% 12.89% - 20,000 40,000 60,000 80,000 100,000 120,000 2019 2020 2021 2022 2023 Recreation Admissions June Revenue Trends Page 8 of 9 Tax Revenue Comparison – 2022 v 2023: All revenues except for RETT and STR Tax for CH are reporting an increase for 2023 compared to 2022. Below is a table which reflects the dollar change and percentage variance. Adopted Budget 2023 v Actual 2023: All revenues except for RETT reflect a positive variance over the 2023 budget. Below is a table which reflects the dollar change and percentage variance. 2022 v 2023 Year-to-Date Revenue Comparison 2022 YTD 2023 YTD Dollar Variance Percentage Variance Sales Tax $5,230,484.38 $5,488.095.44 $257,611.06 4.93% Acc. Tax $1,242,707.59 $1,246,567.32 $3,859.73 0.31% STR Tax for CH $568,375.15 $565,034.07 ($3,341.08) (0.59%) Tobacco Tax $137,617.79 $148,427.86 $10,810.07 7.86% Cigarette Tax $95,910.54 $96,607.50 $696.96 0.73% RETT $3,364,778.13 $2,239,279.83 ($1,125,498.30) (33.45%) Rec Admissions $499,444.63 $584,384.31 $84,939.68 17.01% Rec Program Fees $149,703.82 $212,997.31 $63,293.49 42.28% 2023 Revenue Comparison – Budget v Actual Budget Actual Dollar Variance Percentage Variance Sales Tax $4,858,062.34 $5,488.095.44 $630,033.10 12.97% Acc. Tax $1,157,772.31 $1,242,707.59 $88,795.01 7.67% STR Tax for CH $521,464.15 $565,034.07 $43,569.92 8.36% Tobacco Tax $124,301.34 $148,427.86 $24,126.52 19.41% Cigarette Tax $91,870.35 $96,607.50 $4,737.15 5.16% RETT $2,398,682.57 $2,239,279.83 ($159,402.74) (6.65%) Rec Admissions $438,132.31 $584,384.31 $146,252.00 33.38% Rec Program Fees $160,898.45 $212,997.31 $52,098.86 32.38% Page 9 of 9 EXPENDITURES: JUNE 2023 General Fund YTD Actuals v 2023 Budget: General Fund expenditures through June 2023 total $10,152,185.41 which is 41.01% of the total adopted budget. These expenditures include all wages, health benefits, events, computer services, operating cost, legal services, and utilities. Mobility Fund YTD Actuals v 2023 Budget: Mobility Fund expenditures through June 2023 total $1,186,495.45 which is 31.38% of the total adopted budget. These expenditures include cost for wages, health benefits, consulting services, utilities, and bike share program. Fleet Maintenance YTD Actuals v 2023 Budget: Fleet Maintenance expenditures through June 2023 total $883,444.59 which is 29.45% of the total adopted budget. These expenditures include wages, health benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies. Capital Projects Fund YTD Actuals v 2023 Budget: The Capital Improvement expenditures through June 2023 total $1,454,981 which is 6.48% of the total adopted budget. These expenditures were made up of Metcalf culvert repair, sauna remodel and design fees. Thank you, Dean 970-748-4069 cfackler@avon.org TO: Honorable Mayor Phillips and Council members FROM: Carly Elena Fackler, Accountant RE: 2nd Quarter RETT Sales and Exemption Report DATE: July 5th, 2023 SUMMARY: The 2nd quarter of 2023 has generated lower RETT revenues compared to prior years. While there has been a significant amount of revenues generated through RETT, two primary exemptions were applied for and approved in the 2nd quarter of 2023. There was one Mi Casa application approved in the 2nd quarter of 2023. 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 shown in 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. In 2023, Council again approved $1,200,000 in funds for Mi Casa. There were $273,758 total carryover funds from 2022, for a total of $1,473,758 in funds for 2023. ANALYSIS: RETT Exemptions Granted 2021 – 2023 In 2023, two primary residence exemptions were granted in the 2nd quarter. This is a decrease of 9 exemptions granted in the 2nd quarter of 2022 and decrease of 11 exemptions granted in the 2nd quarter of 2021. In the 2nd quarter of 2023, $6,400 was granted in RETT Relief, which is $30,400 less than 2022, which granted $36,800, and $35,050 less than 2021, which granted $41,450. RETT Exemptions Granted 2nd Quarter Trend Type Of Exemption 2021 2022 2023 Section (17) 13 10 2 Section (18) 0 0 0 Section (19) 0 1 0 Total 13 11 2 Page 2 of 3 2nd Quarter Primary Residence Exemptions Granted Month Avon Neighborhood Purchase Price of Property Exemption Section Amount Exempt April West Avon $722,500 17 $3,200 June West Avon $719,000 17 $3,200 Total 2 $6,400 2nd Quarter Activity Actual RETT revenue for the 2nd quarter of 2023 totaled $1,337,508. This correlates to a total of $67 million in property sales. Total RETT Activity - 2nd Quarter 2023 April May June Total RETT Revenue $433,787 $364,609 $532,712 Total Exemptions $3,200 $0 $3,200 Total RETT $436,987 $364,609 $535,912 Total Sales $21,849,350 $18,230,450 $26,795,600 41,450 36,800 6,400 -12.64% -475.00% - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 2021 2022 2023 2nd Quarter RETT Relief Granted Page 3 of 3 3-Year Average RETT Activity Based on a 3-year average, April and June RETT revenues reflect a positive variance of 0.94%, and 5.74% respectively. May RETT revenues reflect a negative variance of -38.12%. 3-Year Average RETT Revenue Trend 2021-2023 April May June Total RETT Revenue $429,762 $589,199 $503,808 Total Exemptions $10,083 $6,400 $11,733 Total RETT $439,845 $595,599 $515,541 Total Sales $21,992,250 $29,779,950 $25,777,050 % Variance 0.94% -38.12% 5.74% RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for Council. Thank you, Carly Elena Fackler 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 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 1 of 22 Town of Avon 2023 Department Goals This document presents specific goals to be completed, or substantially completed, during 2023. The goals are identified by town departments and/or divisions.  Quarterly updates will be provided by department directors and managers.  Town Council will have an opportunity to review the information and provide direction on any revisions, deletions, or changes in priority.  The goals provide a foundation for organizing and scheduling Staff work as well as scheduling reports, work sessions, and action items for Council meetings.  The list is not comprehensive in nature and there will be ample opportunity to review and discuss other high-level priorities set by Town Council, including but not limited to housing, water, childcare, climate action, US Post Office and railroad monitoring. 2023 Department Goals General Government GENERAL GOVERNMENT COMMUNICATION & MARKETING 1. Create a ‘State of the Town’ Presentation: Avon will create a “State of the Town” presentation (either in brochure or video format) that will review highlights from 2022 and provide an overview and outlook for significant projects in 2023. Nearly all video is complete and High Five Media is in the editing process. We expect the video to be live by Monday May 1st. The final draft of the video was uploaded to the Town website on May 16 and a written report was submitted to Council on May 23, 2023. COMPLETE. 2. Create & Conduct a Neighborhood Survey: A Wildridge Neighborhood survey was conducted in 2020, a town wide Community Survey was conducted in 2021. A business survey was conducted in 2022. In 2023 we plan to focus on another neighborhood survey to solicit input on Town services and pending policy questions. Staff is working with the Town Manager to select a neighborhood and will develop survey questions and a timeline for a target launch date of September 1st. In an effort to support the Downtown Development Authority, the Town Manager directed staff to conduct an employer survey to gather information from employers on employee housing needs. The intent is to understand the impact of lack of employee housing on their business. The survey will launch in May and close in June in anticipation of an August election. COMPLETE. 3. Research Community Engagement Platforms: Council approved the “Bang the Table” Community Engagement Platform in fall of 2020. Town staff has made the decision to transition Engage Avon 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 2 of 22 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 2023, staff will research different platforms with a focus on ease of registration and formatting flexibility and explore designing our own platform. Staff has met internally to review criteria most important for this project and Liz is scheduling demo meetings with three different companies to explore their products and offerings further. Staff met internally with several organizations to find a Platform to best meet the Town’s needs and ZenCity was ultimately selected as their product is the best fit for Avon. The Town Attorney is currently reviewing the agreement, and we’re expected to begin onboarding with ZenCity in September 2023 and plan to launch a site before the end of the year. CULTURE, ARTS & EVENTS 4. Expand the Art Around Avon Program: Avon launched the “Art Around Avon” program in June 2021. Staff contracted with 7 artists to create 9 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 26 pieces by the end of 2023 which will be on display for a two-year period; through May of 2025. This project is on track. Two Call for Artists were launched in January, one for RAB4 in particular and one for the Art Around Avon program. Staff is working with the jury panel to review applications and make final selections. The launch date for the 2023-2025 program is early June. Jury panel juried works on April 4th reviewing 32 qualified applications. Second round of jurying is taking place April 5th through 11th. Staff received thirty-two (32) qualified submissions from twenty (20) artists for the Art Around Avon program. A selected group juried the Art Around Avon submissions through CAFÉ between March 27th and April 18th. The Jury Panel selected eighteen (18) new pieces, retained three (3) pieces for another two years, and twelve (12) different artists. Staff received twelve (12) submissions for the Town Center Location of which only three (3) were qualified. Due to the limited number of qualified submissions for the Art Around Avon Town Center Location the Jury Panel elected to re-install the Town owned bronze sculpture, Checkmate at roundabout four and install a cheerful new piece titled When It’s All Over Have I Done Enough in Possibilities Plaza. 5. Fine tune Heart & Soul Festival: Using data collected during the 2022 soft launch, continue to develop, and fine tune festival elements such as talent, venue design, activation elements and marketing/promotions elements and tactics. Further develop the 2024 Heart & Soul Festival budget encompassing all elements needed to produce a successful single-day ticketed festival. This project is on hold until further notice and was taken out of the proposed 2023 budget. No further update. 6. Plan the rollout of “Best of the West” event in 2024: Develop branding elements in 2023 to begin creating the “buzz” in early 2024 in support a full event launch in June of 2024. This project is on hold until further notice and branding for 2024 was taken out of the proposed 2023 budget. No further update. 7. Add Eagle County Battle of the Bands: Low key event on the Friday of the week-end we plan for Best of West in 2024. This project is on track. Staff did a Call for all Eagle County bands in 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 3 of 22 March and applications are due this week. A jury composed of Staff will review the submissions and make a selection of 4 bands to battle on Wednesday June 14. Battle of the Bands submission closed on April 5th and applicants will be reviewed April 7th to identify the four bands selected to play AvonLIVE! on June 14th. The inaugural Battle of the Bands at AvonLIVE! on June 14th was a success with approximately 1,491 in attendance and Trees Don’t Move voted by attendees as the best band in Eagle County. SUSTAINABILITY 8. Conduct Education Outreach for Recycling Ordinance: Council is discussing Ordinance 22-13, a Town-wide recycling ordinance with a scheduled effective date of November 1, 2023. Staff will develop a contact list for HOAs and businesses, determine existing practices, organize open house meetings with the building managers and business owners, and identify opportunities for education to help with recycling for these properties. This project is on track. Staff is composing a list for HOAs and businesses and fielding questions as they come up. Staff started an education campaign, “Recycle Together”, with weekly ‘Trash Talk Thursday’ Videos on the Town’s Facebook page where staff addresses questions from community members. Further education and outreach are scheduled for April through October and staff expects to provide a further update on progress at the end of Q2. The “Recycle Together” campaign continues in Q2 and won the “Outstanding Outreach Award” by Recycle Colorado in May. Staff successfully hosted the first open house for the recycling ordinance on June 29 at Town Hall which drew 25 participants. Staff is following up with multiple businesses and properties to provide individual support on implementing the recycling requirements. Staff is also working with haulers to make sure that the new Pay-as-You-Throw pricing is being implemented. 9. Building Energy Benchmarking: Colorado is the 2nd State to implement building benchmarking (HB21-1286) of buildings above 50,000 square feet, and cities like Fort Collins and Aspen have enacted their own ordinances to benchmark smaller buildings. Avon plans to continue to research and monitor the different building benchmarking programs, develop strategies to encourage beneficial electrification and plan for an ordinance in 2023. Staff is monitoring HB21-1286 while focusing on (1) benchmarking Town of Avon municipal buildings and (2) researching potential electrification programs for The Aspens mobile home community. A written report on “Energy Use for Town” is scheduled for Council review on April 11, 2023. Throughout Q2, Staff has input gas and electric usage for Avon Rec Center, ARTF, Town Hall, Fleet and Public Safety buildings into Energy Star Portfolio Manager, the benchmarking tool mandated by the State. Staff is evaluating an additional energy management software to help the Town track and monitor our energy usage at a more advanced level. 10. Sustainability Education: With the overarching goal of “raising climate awareness and agency” for all Avon residents and visitors, Avon plans to develop a Sustainability Education system that comprises of climate action training, coaching, social media series, multimedia content, public signs, workshops, and a “climate and food” cookbook. The education program takes a humanistic approach to sustainability and places human behavior change at its core. This project is on track. The focus of the education in Q1 has been the recycling ordinance requirements effective on November 1, 2023. There have been several changes made to the town’s website pages, one of which is to highlight “Sustainability” as its own on the department webpage. In Q2, the “Recycling” section of the website was significantly updated, which included new messaging, education, 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 4 of 22 and outreach content. Based on this experience, Staff has been working on the information architecture and copywriting for all our other sustainability and climate initiatives. 11. Avon Greenhouse Gas (GHG) Inventory: Avon is working with ICLEI USA (Local Governments for Sustainability) to construct Town of Avon’s GHG Inventory. A GHG inventory identifies the emission drivers, enables climate action, mitigation and adaptation planning according to Avon’s unique profile, and helps monitoring strategies efficiency at the community-wide scales. Staff plans to present the Avon GHG Inventory in Q2 2023. Staff requested three different bids to conduct Avon’s GHG inventory and selected ICLEI as the vendor to conduct this work. An agreement was signed in early April and 2 inventories are contracted. One baseline inventory for 2019, to commence on May 1 and be ready by July 3 and one current inventory for 2022, to begin once 2022 data is available and be ready no later than December 31. Staff plans to present Avon’s 2019 GHG inventory in Q3 2023. As of July 12, the data collection phase for the 2019 Avon GHG Inventory was completed. Staff is now preparing for the 2019 inventory report and beginning the process of creating the 2022 inventory. 12. 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 will prepare materials for education and gather examples of Idling regulations from other jurisdictions. Staff created and launched a 10-week long Idling education and awareness campaign on the Town’s Facebook page. The content will be reused in 2023. Staff will contact local businesses to request permission to install anti-idling signs in front of parking spots that often experience idling. No further updates during Q2 and staff expects to report more information in early winter / Q4. 13. Research Local Composting Infrastructure & Feasibility: Avon Council and Eagle County’s Climate Action Plan places a high priority on organic waste diversion, yet composting service is only available through a private operation in Eagle County. In order to reach equitable, easy and public access to composting services, Avon plans to research the feasibility of developing local infrastructure for composting. Staff is researching options and met with the Town of Vail’s Sustainability Team to discuss a potential partnership in offering composting regionally. Staff is seeking grant opportunities for this type of programming and will provide a further update on progress at the end of Q2. Staff successfully submitted the USDA Composting and Food Waste Reduction (CFWR) Pilot Project grant application on June 15, proposing an Avon-Vail collaboration to provide commercial composting infrastructure for all restaurants in Avon and Vail. Staff also met with 3 composting consultants on the in-vessel composting technology that Avon could potentially build locally in order to increase composting capacity; however, it was determined that the work would exceed the USDA grant funding and that it would be a project to be considered in the future. TOWN CLERK 14. Records Management & Retention: The purpose of the Records Retention program is to systematically eliminate the accumulation of valueless records in order to improve the ability to manage important information, faster locate records, manage legal liability, and reduce staff and 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 5 of 22 space costs associated with storage. In 2023 staff will review the existing data folder structures within the network shares and Laserfiche to ensure that they are optimized. The Town Clerk’s Office has reviewed the folder structures in Laserfiche and is working on a plan to make improvements. Miguel will be attending the Laserfiche conference at the end of May and look for a local Laserfiche consultant that can help with some of the folder structure to make improvements to the archive process. The Town Clerk’s Office is continuing to explore cost-effective alternatives to make improvements. Miguel attended the Laserfiche conference at the end of May and noted many lessons learned on the complexity of Laserfiche workflows and digitizing forms and processes. Miguel is looking for a Laserfiche consultant that can help with implementing a few of the easier workflows to make improvements to the archive process in order to better dimension cost of the solution. This, to better understand and estimate the financial impact of this solution’s institutionalization of records management and retention to comply with Town legal duties under the Colorado Records Retention Act. Folder structure and records retention will become a 2024 goal necessitating attention after financial impacts of the Laserfiche solution are better understood. 15. Implement electronic signature system using DocuSign: Staff started using DocuSign in 2022 to reduce paper and save time. It creates a more efficient and faster flow for approved documents in need of signatures, such as contracts and agreements, ordinances, and resolutions. As a next step, staff will research the flow into Laserfiche for records retention. Miguel will be attending the Laserfiche conference at the end of May and find out if an automatic workflow from DocuSign into Laserfiche is an option. Staff expects to have more information at the end of Q2. At the Laserfiche conference, Miguel discovered that Laserfiche Integration with DocuSign enables users to initiate a signing process from within Laserfiche Web Access. Users may select the type of signing process they are initiating and attach documents that need to be a part of that process. Also, once the signing process is complete, documents are imported back into the Laserfiche Repository from DocuSign as new versions of the un-signed document. Information captured during the signing process may be mapped to Laserfiche metadata fields. Miguel noted Laserfiche consultant’s implementation is required and TOA-wide staff buy-in is needed for all Departments to mandate and ensure that their forms and agreements are always stored within Laserfiche Web Access prior to execution. 16. Research Feasibility of Agenda Management Software and Workflow for packets: Preparing Council agendas and materials is currently a very manual and unautomated process. The Town Clerk’s Office will research and explore tools to automate and manage meeting agendas, packets and minutes including ‘The Town Clerk’s Office CivicPlus' Agenda Management Software (CivicClerk) and others. More information about features and prices will be presented to Council for consideration. The Town Clerk’s Office has attended demo meetings with three different companies to explore their agenda management products and offerings. A further demo with more Town Staff is scheduled for April 10. Staff expects to have more information at the end of Q2. The Town Clerk’s Office recommends CivicPlus’ Agenda and Meeting Management Software because it is an all-encompassing solution that integrates with the existing TOA website and communications solutions, and enables staff to manage agendas, minutes, and live meetings with safeguards in place. The cost for Year 1 (including custom implementation) is approximately $17,344.50. The cost of annual recurring services for Year 2 is $15,231.30. Thereafter, the Town Clerk’s Office met with the Town’s Marketing and Communications 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 6 of 22 Manager, the General Government Manager and Deputy Town Manager to review the recommendation to proceed with CivicPlus’s offering. After further review, Staff agreed to endorse the recommendation and Town Clerk’s Office is in the process of organizing a customized demonstration of the solution to the Town Manager, with additional talks to include the potential to redesign the Town’s website. More information will be made available at the end of Q3. ADMINISTRATION 17. 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. A strategic plan for Special Events will be presented to the Council on April 25 as well as a long-range housing plan. The overall long- range vision process is targeted for the June 20 Council retreat and potential agenda topics will be discussed in the near future. The June retreat was cancelled as staff has been active implementing a number of long-range vision plans related to housing, early childhood education and recreation. 18. Conduct Elected Officials Leadership Training: Explore leadership training options for elected officials that focus on effective governance, strategic planning, and new approaches to leadership in local government. The February 21 Council Retreat focused on Elected Officials Leadership; the Training was hosted by NWCCOG Executive Director Jon Stavney. Topics explored were about “roles and responsibilities, meeting protocols, relationships” and offered a chance for discussion amongst officials. The meeting presented a great platform for onboarding new officials as well. Future leadership topics will be discussed during the 2024 budget retreat. 19. Establish Program for Peer Resort Community Visits: Establish a program for peer resort community visits that create opportunities to build relationships, share ideas about best municipal practices and topics of mutual interest, such as housing, economic development, as well as events and cultural programs. Visits will encourage a platform that showcases the resort community assets that are offered to their residents and guests. The Town Council, CASE members and Town Staff have been offered the opportunity to attend the Colorado Creative Industries Summit in Crested Butte, June 1-2. This event is a great opportunity to connect with Colorado peer communities and industry specific professionals (speakers, community leaders, entrepreneurs.) and represents a first step in establishing a peer resort visit. Staff will continue to explore other opportunities but have currently shifted some focus on other priorities during Q1. A number of Town Council, CASE members and town staff attended the Colorado Creative Industries Summit in June. Topics learned will be presented with budget discussions in the fall. The Mayor and Town Manager met with Winter Park officials during their visit to Avon to share mutual topics of interest. Other ideas for programming have been put on hold until later this year. FINANCE 1. Train Deputy Finance Director / Implement Succession Plan: Based on the pending retirement of the Finance Director, a Deputy Finance Director position has been added to the 2023 budget and 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 7 of 22 training and succession planning will take place as soon as the new position is filled. The new Finance Director, Paul Redmond, begins on April 10. There will be an introduction of Mr. Redmond at the April 11 council meeting. Paul Redmond is continuing his training with the Finance Director/Deputy Town Manager and others within the finance department. 2. Cross-train staff on Tyler Incode software processes (payroll, accounts payable, cash receipting, etc.): Now that Finance is fully staffed, cross-training among the staff is a priority. The areas of focus are payroll administration and preparation, accounts payable and purchasing, and cash receipting and MuniRevs. The Finance team has been cross training on a number of functions and services they provide. Unfortunately, our most recent AP hire was no longer able to take the position, so finance hopes to hire our second candidate or open the application process again. Once fully staffed, the finance department will continue to cross- train amongst employees. With the recent turnover in finance (AP/PR) we have been forced to cross train across different areas. We now have several personnel who are able to process payroll and accounts payable. We will continue to cross train on accounts receivable for the remainder of the year. 3. Tyler Software Training: Continue to collaborate with other Departments to establish best practice use of Incode: Finance Department staff will continue to hold training sessions with users of the Incode software to ensure that they are adequately trained on the software and on Town procedures. Finance has trained many new hires and existing hires on learning and adapting to the new ERP system. Joel created a power point for an AP refresher on the intranet and Executime how-to documents are also saved there. These trainings will become more frequent as new finance staff settles in. We would like to offer a monthly training session for those interested in learning how to use the Tyler system. The training sessions will be recorded for those who miss the training. 4. Implementation of Town-wide Executime timekeeping software (continuation from 2022): Due to delays in receiving new time clocks, implementation of the a new Tyler Executime timekeeping system will carry over into 2023. 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. The first pilot group for Executime took place the last week of March, our second pilot group begins at the end of this week (April 9th) with the Recreation Department, and we are on track to go live before the end of April. The new Executime (Time & Attendance) has been implemented and went live 6/9/2023. We are still working with the implementation team and software support to fix issues. 5. Financial Strategic Plan: Develop a 10-year financial plan: Develop a 10-year financial plan that would provide estimates for future growth in both revenues and expenditures allowing for an estimate of fund balance in future years. We have begun to obtain examples of long- range financial plans from other governmental entities in order to develop an outline of the structure of this plan. Work on this plan will begin in Q3 in conjunction with the annual budget process. Will begin as we work through the 2024 Budget. 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 8 of 22 6. Asset Management Plan: Develop an asset management plan that would inform budget planning as to what major assets require improvements with estimated costs. Funds have been budgeted to hire a consultant to develop this plan. This project should start in Q3 after the financial audit is complete. Working with Public Works, the consultant has been selected and the report should be completed later this year. 7. Village at Avon: Participation with management team to better understand growth opportunities and financial implications in the Village (at Avon). The Town Manager has discussed with Rick MacCutcheon about the possibility of entering into a professional services agreement with the Town to review the Village at Avon settlement agreement and update the status of various financial aspects of the agreement. This has been tasked to the Incoming Finance Director. 8. Firewall refresh and Guest Wi-Fi Security Configuration for Special Events: Replace existing network firewall and configure Wi Fi to allow for use by vendors and producers for special events without impacting secure Town government network use and guest wireless use. Completed in April 2023. COMPLETED. 9. Audit of cell phone, telephony and internet circuits: Contract with a firm that specializes in reviews of telephony and internet billing on a contingency basis to audit the Town’s invoices to determine that we are not overpaying for services or taxes that are not necessary. A company that specializes in these types of audits has been contacted. We are awaiting the hiring of an accountant to replace Michelle Lake who was going to be the lead on this project. As soon as we hire someone and treain them in Tyler, we will begin the project. Once our new accounts payable person has transitioned into their role, we expect the project to begin in Q4. 10. Implement Broadband improvements as directed by Council: The Town Council reviewed several presentations in 2022 and has guided staff to continue to explore costs vs. benefits of joining Project Thor as well as evaluate other regional and/or private sector means for making broadband improvements. Still waiting for direction from Town Council to proceed with this goal. Town staff recently met with NWCCOG Broadband Director Nate Walowitz to review possibilities of working with a private sector vendor interested in offering services in Avon. There will be more conversations held to better understand if Thor would offer benefits to bringing other providers. HUMAN RESOURCES 1. Implement standardized public service training for all employees: Research, develop and execute a Town of Avon public service training that will offer standardized and exceptional customer service engagement with the public. Customer service training topics were identified, training dates have been secured, and a title for the Town’s training program was submitted and voted on by the employees; “Committed to Community”. Customer service trainings will be offered the last week of April and first week of May. The HR team hosted six sessions over a two- week period for the “Committed to Community” training in the spring with mandatory 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 9 of 22 attendance required; a total of 117 full- and part-time employees took advantage of the training. David Aduddell, CEO of Zoe Training & Consulting, facilitated the program. Feedback from staff was positive, and included suggestions for longer, more extensive training sessions. Plans will be developed for a second training to occur in 2024. Topics explored included: 1) effective service, 2) what people really want, 3) mastering your message, 4) review of the S.A.L.E. assessment (styles of personalities), 5) impact of a message, and 6) active listening. 1st Phase Completed in May 2023. COMPLETE. 2. Enhance “New Employee” Onboarding & Orientation Program: Formalize and enhance the onboarding and orientation program and process to welcome new employees to the Town with department and employee introduction, a review of Town culture, and a tour of the Town campus. Discussions are taking place about on boarding enhancements and implementation will occur 2nd quarter. Several improvements have been made to the process including; during the new hire process, a copy of the Town’s Culture Statement is provided to the new employee; HR greets the employee downstairs unless the supervisor brings the new hire upstairs; provides a tour of Town Hall (TH) and introductions are made to TH staff and/or their workstation; takes the new employee to the recreation center to assist with obtaining their recreation pass, provides a tour of the facility, and introduces them to the rec staff; and works with the new hire supervisor to provide a tour and introduction of the other facilities and staff. HR will continue improving this process to create an excellent and memorable onboarding and orientation experience. 3. Implement Quarterly Townwide Safety Training Program: To regularly offer safety training that will increase employee awareness and understanding of workplace hazards and risk, reduce safety incidents and injuries, and reduce risk costs to the Town, both in-person and online. Safety training courses required by CIRSA, the Town’s property and liability insurer, and Pinnacol, the Town’s workers’ compensation carrier, have been identified for the year. Trainings are assigned to staff monthly and safety “Tool Talks”, one-page refresher topics are emailed bi- weekly. Completed in February 2023. This practice has been ongoing. CIRSA also awarded the Town of Avon the “2022 Outstanding Management of Loss Control Program”, a written report will be submitted for an upcoming council packet. 4. Complete Implementation of Human Resources Information System (HRIS): Complete the implementation of HRIS (BambooHR), (data entry) with an emphasis on the software training that helps employee and manager utilization of the recruiting and hiring, employee self-service (ESS), and performance review modules. Work will resume on this project the 2nd week of April, working with HR staff to finalize forms, job descriptions, and create workflows for the complete Employee Life Cycle. The work on implementing the program as described above has been ongoing this quarter. 5. Update Drug & Alcohol Policy: Update the Town’s Drug and Alcohol Policy to identify federal changes and establish compliance with the Federal Transportation Authority (FTA) and Federal Motor Carrier Safety Administration (FMCSA). Work on drafting updates to the policy will occur 2nd quarter for Town Manager and Town Attorney final approval. The work on implementing the program as described above has been ongoing this quarter. 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 10 of 22 6. Conduct Employee Pulse Survey: Update and submit the 2023 Employee Pulse Survey to town staff. The response rate for the Pulse Survey was very high, with 94 employees responding out of 104 total full-time employees (90% response rate), our highest number since the initiation of the survey. The high response rate indicates a sincere interest by employees in sharing their opinions, comments and suggestions in order to maintain and improve the Town of Avon as an excellent workplace. Areas of Strengths included health insurance and retirement plan; great place to work; positive workplace culture and great co-workers. COMPLETE. 7. Review Employee Health Insurance Costs: Collaboration between Human Resources and Finance to outline costs benefit comparison of self-insured and fully insured plans. Develop a comparison of health benefit plans from peer communities. Some research and data collection from peers comparing self-funded plans against fully insured plans has been completed. Currently gathering articles indicating national trends in the insurance industry. This effort has been placed on hold for the time being due to the staffing transitions and workload occurring in both the HR and Finance departments. 8. Implement on-site Spanish language conversation classes: Offer conversational Spanish classes to employees. Reassigned to General Government staff who has reached out to schools for Spanish teachers; applications and resumes are being reviewed. This effort has been placed on hold for the time being due to the staffing transitions and workload occurring in both the HR and Finance departments. 9. Support expanded leadership training: Evaluate various leadership training opportunities to offer employees townwide. All directors, managers, and supervisors identified by HR and the Town Manager have been contacted regarding the ICMA Professional Development Academy (PDA) Leadership training with several signed up for sessions throughout the year. Additional training topics have been identified and am working on finding trainers. A spring leadership training opportunity is being planned for directors, managers, and supervisors which will include facilitation for discussion on some of the ICMA leadership concepts. A retreat for the leadership team was held May 10 with discussions about leadership facilitated by the Town Manager and Executive Director of NWCCOG Jon Stavney. The team reviewed the Pulse Survey results (employee survey) and engaged in breakout sessions to explore a number of themes identified in the survey, including recognition, communication, autonomy, work-life balance, etc. A social hour at the Back Bowl closed out the retreat. 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 11 of 22 2023 Department Goals Community Development Community Development 1. East Avon Preserve – Facilitate due diligence process for exploring a housing project accessed off Wagon Trail Road. The project will include coordination with Traer Creek and their potential road extension to Planning Area I. Preliminary design work for a road connection from Wagon Trail Road was completed in late 2022. After further exploration of water availability based on elevation, no water will be available without the construction of a water tank facility. The adjacent Planning Area J developable area also will rely on a water tank. Staff will progress site plan layout concepts and further study water tank possibilities in conjunction with Planning Area J. 2. Wildfire Efforts – Implementation of an additional wildfire ingress/egress in the June Creek Drainage and other wildfire mitigation efforts. Eagle County Location and Extent (LEA) was approved by Eagle County Planning Commission. United States Forest Service acceptance letter was received, and approval by Eagle Valley Land Trust was obtained. The next step is to meet with the Berry Creek Metropolitan District on July 25 to see if a Construction and Maintenance Easement Agreement can be finalized. Construction improvements for the Trail estimated for spring of 2024. Concurrent mitigation by Eagle Valley Wildland around Metcalf Rd. to better protect this main thoroughfare occurring 2023. 3. Sun Road Redevelopment Plan – Develop long range sub area plan for redevelopment of four properties and Sun Road. After initial discussions with the PZC, a draft RFQ was produced. This solicitation has been combined with the East Town Center District Plan Update and 3- Mile Plan effort. Staff anticipates the solicitation and contract to be finalized in Q3. 4. Streamline Contractor Licensing – Currently contractors are required to obtain a separate Business License and Contractor Licensing (and Sales Tax for materials). The process can be cumbersome and confusing for contractors. This will be coordinated with Code Amendments (Item 4 below). No progress. 5. Code Amendments – Complete by-annual comprehensive code amendment for Title 7- Development Code. Amendments will include sign code and lighting ordinance updates, in addition to several other “clean up” items. Amendment topics were discussed in detail with PZC at their February 22, 2023 meeting. The redline process is underway. The amendments will be finalized in Q3/Q4 and brought before PZC for a public hearing and recommendation to Town Council for consideration with an Ordinance. 6. Downtown Development Authority – Present authority concept and potential Development Authority boundaries for Avon. This includes outside consultant services and public outreach. 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 12 of 22 Community Development has been actively assisting in the research and preparation of information for a DDA formation. Mapping, property information, blight study information, and potential voter information has progressed. Meetings with PZC will occur in Q2. The DDA draft plan went before PZC, and received a favorable recommendation. Staff support continues with this Town Council objective. Special Election for the DDA formation set for August 29, 2023. 7. 3-Mile Planning – Complete adoption process for 3-mile plan. No Progress. Professional assistance for a 3-mile plan has been combined with East Avon and Sun Road master plan solicitation. 8. East Avon District Plan – Update and revamp the East Town Center District Plan. This plan was adopted in 2007 and is ripe for new design concepts and a streamlined formatting for future updates. This project will include outside services and public outreach. After initial discussions with the PZC, a draft RFQ was produced. This will go out in April, with intentions to have a team under contract in Q2. This has been combined with the Sun Road Redevelopment Plan RFQ for efficiency. Staff anticipates the solicitation and contract to be finalized in Q3. 9. Digitize all Microfiche Records – Secure scanned copies of all remaining microfiche land and PZC records. Digitally tag and organize all files in record retention software. A third-party vendor was identified, and is now under contract to complete the scanning process. The digitized documents should be returned by July 1. Community Development will then determine best practices to import, sort, and catalogue all digital data into our Laserfiche records repository for easy access in the future. Digital records of all microfiche files will be provided by the end of July. 10. Town Properties Design Palette – Develop Design Palette for all public improvements, including signage, refuse containers, etc. Staff has been working with a Design Professional to get under contract to assemble the design palette. No progress. Staff will complete this effort in house. 11. La Zona Project: Collaborate with Recreation, Public Works, Engineering, and consultant team to finalize recreation center expansion options, old fire station property, and Main Street Mall extension to Harry A. Nottingham Park. Community Development has been working closely with Recreation Department Staff and the design teams to develop recreation center expansion concepts, 251 Benchmark options, and completion of the Main St Mall. The La Zona Design Concepts kicked off in January with public meetings with the CASE and Health and Recreation Committees. A public survey was developed in January and distributed in February to obtain community feedback on initial design concepts. Staff presented this topic, including the survey results, to the Planning and Zoning Commission in March and April. A Work Session on the La Zona Design Concepts is scheduled for the April 11 Town Council meeting. Direction was received by Town Council in April to move forward with conceptual design of parking structure, Options 1,2, 4 for Recreation Center, Main Street Mall Extension, Interim Uses for old Fire Station, and potential skate plaza on old Town Hall site. A final report documenting the design direction is currently being collated. 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 13 of 22 12. Early Childhood Education, Planning Area E, Village (at Avon): Coordinate review of site plan and architectural designs for an early childhood education facility on Planning Area E, Village (at Avon) in partnership with Vail Valley Foundation and assist with identification of other details to be determined for this project, including but not limited to terms of long term leasing, partnership financial contributions, operations and accessibility. Project due diligence is underway, including title review and a design team was selected. Stakeholders have been meeting regularly, with another set of initial concept plans scheduled for review on May 2. Due diligence for the project continues, with soil borings scheduled for the second week of July along with topographic survey of the property. The project team meets monthly for progress reports and to identify next steps. 13. Retail Marijuana Regulations: Prepare and present retail marijuana regulations to consider potential locations and other license requirements and limitations for retail marijuana businesses. No progress. No progress. If a construction use tax question moves forward, this will be delayed further. 14. Update Dark Sky Regulations: Research and propose updates to the Town of Avon’s Dark Sky Regulations to address interior lighting which may contribute to light pollution. This is being incorporated into the Development Code Amendments identified above (Item 4). These Dark Sky updates are currently being drafted by Planning staff, for inclusion in the code amendment Ordinance. 2023 Department Goals Recreation RECREATION 1. La Zona/Recreation Expansion: Collaborate with Community Development and consultants to launch vision and public engagement process for opportunities related to recreation expansions and uses of old firehouse building property. Recreation Department Staff have been working diligently with the design team from Barker Rinker Seacat (BRS) Architecture to develop recreation center expansion concepts. The La Zona Design Concepts kicked off in January with public meetings with the CASE and Health and Recreation Committees. A public survey was developed in January and distributed in February to obtain community feedback on initial design concepts. Staff presented this topic, including the survey results, to the Planning and Zoning Commission in March and April. A Work Session on the La Zona Design Concepts is scheduled for the April 11 Town Council meeting. Direction was received by Town Council in April to move forward with conceptual design of parking structure, Options 1,2,4 for Recreation Center, Main Street Mall Extension, Interim Uses for old Fire Station, and potential skate plaza on old Town Hall site. A final report documenting the design direction is currently being collated. The Town has employed Barker Rinker Seacat (BRS) Architecture to further 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 14 of 22 develop and adapt conceptual designs for Options 1, 2 and 4. BRS and Recreation Staff have been directed to identify cost savings within design and construction and have held several meetings discussing this effort. An update will be provided to the Town Council in Q3. 2. Implement Volunteer Program: Research logistics with Human Resources and develop a program that would utilize volunteers in several operational capacities at the recreation center. Recreation Department staff have met internally to discuss needs. Staff are coordinating with the Human Resources Department to develop volunteer job descriptions and determine CIRSA (Colorado Intergovernmental Risk Sharing Agency) requirements. No progress in Q2. 3. Expand Wellness Benefits for Town of Avon Employees: Research opportunities for expanding new wellness benefits to offer town employees that would encourage healthy and active lifestyles. Recreation Department staff have met with the Human Resources Department to identify existing wellness benefits and created a timeline for this initiative. No progress in Q2. 4. Update Pocket Park, Trailhead and River Park Signage: Research new sign design elements that are aligned with town brand and implement consistent signage program that helps provide informational signage. Staff have been in contact with a vendor to develop sign proofs. Installation is tentatively scheduled for the week of May 29 - June 2. Projected project completion has been adjusted to the week of August 28-September 1. Sign drafts have been created and are being reviewed by Staff. 5. Review Potential Dismount Zone in Harry A. Nottingham Park: Review potential dismount zone areas that would help establish safer pedestrian / bike travel in the park. Staff presented this topic to the Health and Recreation Committee in March. This topic is scheduled to be discussed in a Work Session at one of the Town Council meetings in April. After holding a work session with Town Council, Staff were directed to designate the North park path between Lake Street and the bridge on the west side of the park, as a seasonal dismount zone. The dismount zone is in effect between Memorial Day and Labor Day and during the hours of 9:00 a.m. and 7:00 p.m. A-frame signage has been added to the North park path in both English and Spanish. Staff will analyze and discuss the dismount zone addition with Town Council in the Fall. 6. 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. Implement outdoor pickleball, tennis and basketball programming. Staff are currently recruiting for Summer Camp Counselors so we can expand the number of children that can attend Day Camp. Summer Day Camp registration is already close to full capacity; 26-30 children per day. The department has started a new program for children 2-6 years old, “MVPeeWees”, which introduces multiple sports at an early age. This program is currently full, with a waitlist. Staff will expand this program if able but will plan to offer this program in the Fall as well. The new, “Kids Swim Night Out” program for children ages 5-12 years old, was successful for its first seasonal offering. In this program parents can drop off their kids at the recreation center for a night of swimming, pizza, board games and a movie. The “Kids Swim Night Out” program will be offered moving forward in the Fall, Winter and Spring. Adult 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 15 of 22 programming has seen significant growth during the first quarter with the expansion of Drop-In Pickleball on Saturdays and the addition of a one-day Volleyball, Pickleball, Futsal and Basketball Tournaments. Outdoor Pickleball and Basketball programs are scheduled for this Summer, utilizing the reconstructed sport courts in Harry A. Nottingham Park. Recreation Program Staff have met with community organizations Mountain Youth and Eagle Valley Outdoor Movement (EVOM) to enhance existing programs and expand community offerings. Staff were able to recruit enough Summer Camp Counselors to rebuild our Youth Summer Camp program. Summer camp is full with a waitlist every day of camp. We can house 50 kids on Monday, Wednesdays and Fridays and 30 kids on Tuesdays and Thursdays (field trip days that require transportation). New Summer programming includes expanded outdoor, themed Yoga classes and Pickleball clinics and tournaments. The department has recruited our new Recreation Program Supervisor who has been taking an active role developing new programs for seniors and teens. 7. Analyze Division Cost Recovery and Create Program Subsidy Plan: Review revenue and expenditures by program to create a break-even target by identifying potential program subsidies. Staff have organized cost recovery data for the Recreation Department from the last five years and have begun research regarding national standards and best practices for municipally operated recreation centers. Staff introduced and discussed this topic to the Health and Recreation Committee in July. The committee provided their initial input and Staff will return to their September meeting with follow up information and the intent to formalize a recommendation. This initiative will be discussed with the Town Council during budget planning for 2024. 8. Pursue reciprocity and/or discounts for Avon residents at Eagle-Vail Facilities: Reach out to Eagle-Vail contracts to propose a program that would allow for reciprocity for Avon residents to use recreation facilities, e.g. golf and outdoor pool use. Staff have been in contact with Eagle-Vail Metro District Manager, Steve Barber, to begin a conversation regarding the reciprocity initiative. Next steps include Recreation Department Staff meeting with Eagle-Vail Metro District representatives to determine which amenities could be included in this program and to discuss the feasibility of a potential agreement. No progress in Q2. 2023 Department Goals Police POLICE COMMUNITY POLICING 1. Active Bystandership for Law Enforcement (ABLE) Project department wide training: Years of academic research and on-the-ground experience has shown Law Enforcement that effective active bystandership can be taught. The Georgetown University Center for Innovations in Community Safety, partnering with global law firm Sheppard Mullin, has created the ABLE* (Active Bystandership for Law Enforcement) Project to prepare officers to successfully intervene to prevent 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 16 of 22 harm and to create a law enforcement culture that supports peer intervention. The ABLE Project is a national hub for training, technical assistance, and research, all with the aim of creating a police culture in which officers routinely intervene as necessary to: prevent misconduct, avoid police mistakes, and promote officer health and wellness. APD is preparing to embrace this nationwide training through Georgetown University to better prepare officers to successfully intervene to prevent harm and to continue our law enforcement culture that supports peer intervention. We are currently waiting for materials and instructor training support through the Colorado Association of Chiefs of Police (CACP). Once available, officers will be sent to instructor school and then return with the training to provide to all APD employees. Detective Sergeant Holmstrom completed the ABLE application to Georgetown University supported by letters from Vail Valley Salvation Army and SpeakUp Reach Out. We were approved to become an ABLE agency. Chief Daly, Deputy Chief Cosper and Detective Sergeant Holmstrom attended the ABLE train the trainer provided by Georgetown University at the Thornton PD training center. We are scheduling the eight-hour training for each officer and staff member in the coming months. The majority of Avon PD officers and staff have completed the 8-hour ABLE training. We are scheduling a follow-up day of training for the remaining five officers and staff. 2. Community policing/ outreach: The importance of community outreach is to continue to foster trust, reduce crime, and combat substance abuse problems. The value of community policing/outreach cannot be overstated. Avon Police Department (APD) employees focus our collective attention on the Department’s Mission Statement of “We serve to better our community”, to our motto of “Count on Us” and to our Departmental Goals on a day-to-day basis to ensure the safety and security of residents and visitors in our community. We seek every opportunity for outreach to our community through as many community events and involvement in community organizations that we can manage. Several important and more specific goals of this community approach to policing are: • To create more opportunities for police and community members to engage in positive ways • To build relationships and foster trust between police and community members • To develop greater understanding between police and members of our amazingly diverse community • To provide greater transparency for the community about what police do • To reduce crime rates in our community • To protect police officers Our community policing/ outreach activities include a basketball program with Avon kids, School Resource Officer/ Therapy K-9 at Avon Elementary School, assisting Vail Valley Salvation Army with weekly incoming food shipments, Latino and Citizens Police eight week Academies, National Night Out events, Shop with a Cop, Faith and Blue Weekend, Law Enforcement Immigrant Alliance, National Drug Take Back program, Annual Food Drive, Speak Up Reach Out, and assist at Pride in the Park to name but a few. We provide a basketball program with Avon kids at the Avon Elementary School every Tuesday night. School Resource Officer Gaspard and Therapy K-9 Dottie/Nova are regularly visiting at Avon Elementary School. We assist every Monday morning with unloading weekly food shipments at the Vail Valley Salvation Army. We have completed a variety of community policing events and training in Q2. Our school resource officer, other officers and therapy K-9 Dottie spent time in Avon Elementary School during term up to including last day. We facilitated the Kids, Cops and Hoops basketball on Tuesday 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 17 of 22 nights in the Avon Elementary school gym. We completed a drug take back event at Walmart. We attended the Law Enforcement Immigrant Alliance meetings. We have continued our commitment to SpeakUp ReachOut meetings, activities, and events. We received positive feedback on our two officers who provided a secure environment for the Pride in the Park event. We help to unload food deliveries to the Vail Valley Salvation Army on a weekly basis. Avon PD hosted an annual active shooter response training in June. We had over 200 law, fire and EMS responders participate. We had many community volunteers participate as role players. EQUIPMENT AND TECHNOLOGY 3. Implementation of the mountain community’s siren system: The Police Department has been working in concert with the Engineering, Facilities and Community Development departments on this life saving and property safeguarding project. We have received five of the Sentry Sirens for placement in several strategic locations across our mountain communities of Wildridge, Wildwood and Mountain Star. The project has completed the Planning and Zoning Commission public outreach processes and Aon Town Council approval. Sentry Siren is currently working to purchase poles and contractors for placement of poles and sirens. The town is seeking contractors to supply electrical infrastructure and connection of the sirens and associated equipment. The target for project completion is late 2022 prior to the 2023 fire season. We will then ensure proper implementation, exercise, and community education of the siren system prior to and during the 2023 Wildland fire season. The project is nearly complete. Power has been installed to four out of the five sirens. Engineering is working with the Eagle River Water District regarding finalizing power to the remaining siren at North Wildridge. The emergency evacuation siren system is completely operational. Five sirens have been installed and are operational. All five sirens can be operated at the same time from a radio signal either through Vail Dispatch or via back up handheld radios. Monthly operational checks are scheduled for August 2, Sept 4, and Oct 2. COMPLETE. 4. Guardian Software for training (training submission, training tracking and recording) officer compliments/complaints and professional standards inquiries: APD is currently in the early stages of implementing this innovative software that helps transform culture within police departments by identifying personnel in need of additional training before an adverse incident takes place, while also recognizing high-performing personnel. Some of the features this software can provide are: • Understand the full picture of employee performance, the positive as well as the negative, through continuous feedback • Protect agency personnel decisions through consistent documentation of all aspects of performance • Notify managers/supervisors of behavior that may need to be addressed to save careers • Create a simple process for documentation of an observation, event, conversation, incidents of good or bad performance, etc. • Promote a positive and motivating workplace culture and encourages high performance • Manage all mandated and required training and continuing education progress of employees Additionally, the software has a comprehensive training component, that enhances our ability for officers to submit training requests, authorize training requests and track training completed. This 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 18 of 22 tracking system will ensure that we report/track the required State of Colorado Peace Officer Standards Training Board (POST) and Commission on Accreditation for Law Enforcement Agencies (CALEA) annual training requirements. The software has been installed and rolled out for training record keeping, training requests, daily activity reports for each shift, tracking of officer compliments and officer corrective actions. The GUARDIAN software has been fully implemented and is used on a daily basis for end of shift updates, training requests, training tracking, compliments, and complaints as they arise. COMPLETE. 5. Crisis/emergency response equipment in each police vehicle: The Police Department has been incrementally working on equipping each patrol vehicle with stop sticks/ tire deflation devices (to end pursuits), breaching equipment to include hooligan breaching tools and breaching shotguns, to avoid any delay in getting to victims in the event of a critical incident. We have witnessed failures in getting to victims by other agencies nationwide and we take the approach “Not on our watch!” This also includes our departmental goal of sending every patrol officer to a basic SWAT school, to enhance our ability to respond to critical incidents. We have fourteen breaching shotguns now in operation. We have trained all officers on their use. We have ordered breaching tools- sledge hammers, Halligan/hooligan tools. We are ordering four more ballistic shields. The majority of breaching equipment has been purchased. We are waiting for this year’s compliment of ordered shields, and we are ordering some final breaching shotguns. Nearly all staff have completed breaching shotgun training. SUSTAINABILITY 6. Transition Police Vehicles to Hybrid Vehicles: The Police Department continues to embrace our Town wide climate action goals, through building design, energy efficient lighting, increased recycling, composting, and furthering those goals through transition to more fuel efficient and less carbon emitting police service vehicles. With the recent Town Council approval of a one-to-one take home car policy, we hope to have thirteen (13) hybrid vehicles of a total fleet of twenty-two vehicles by the end of 2023. The remaining vehicles will be converted to hybrids as they come up for scheduled replacement. We have two Hybrid F-150s in Denver waiting for emergency equipment upfit. We have eight Ford Hybrid Interceptors on order with an unknown delivery date currently. With that delivery, it will bring our hybrid fleet to sixteen out a fleet total of twenty-two vehicles. This is a very slow process, but we received one Hybrid F-150. The second was damaged in a hailstorm in Arapahoe County., It is currently in a body shop in Littleton awaiting repairs. We have eight Hybrid Ford interceptors on order but unknown delivery dates at this time. We have an electric Volkswagen ID4 on order to replace the 14- year-old Ford Escape Hybrid that is used by our police recruits to commute to either the Spring Valley or Breckenridge academies. Both of the Colorado Mountain College Campuses have EV charging stations. We hope we will receive delivery of ordered vehicles before year end and the majority of our fleet will be hybrid or electric. 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 19 of 22 2023 Department Goals Public Works PUBLIC WORKS 1. Implement PubWorks - Workflow Management: The management of workflow in Public Works is currently manual (except for Fleet). Resources and equipment used for work orders are not currently accounted for by the specific work. The use of PubWorks will enable better accounting of labor hours, resources, and equipment needed to accomplish work orders. The PubWorks software has been installed and training has begun. In 2023, the goal is to fully use PubWorks in our workflow management and begin using Service Request for the staff and public. Staff continues to build the database in PubWorks. Procedures for task reporting for Facilities and Public Operations has be implemented. Staff is working on the reporting module. Staff continues to refine task orders and reporting. Additionally, PubWorks was purchased by gWorks. Staff is working to renew agreement. 2. Plan and Develop the Public Works Complex: The Operations Team does not have a centralized location for their heavy equipment and resources. Due to the lack of storage facilities, they are currently distributed around town in vacated facilities. A Public Works Complex will provide a consolidated location for their needed storage. Staff has completed preliminary programming and massing alternatives for the Public Works Facility at the Swift Gulch site and Lot 5 site. Pros and Cons have been developed. Staff is awaiting Council direction. Council has determined the Swift Gulch site would be best to consolidate Public Works function for efficiency. Phase 1 will focus on constructing a Vehicle Storage Facility and a Facility Shop. Programing needs has been completed. Design will begin soon. 3. Create a Geographic Information System (GIS) and Broadband Management Office: The Town has been collecting GIS data on the built infrastructure for the past several years. A GIS manager is needed to fully implement a comprehensive program that will provide GIS support to all departments in the Town. In addition, the office will be responsible for overseeing the Broadband program if approved. An offer was provided to a GIS Administrator Candidate. Unfortunately, the Candidate did not accept the offer due to the inability to secure affordable housing. Staff will continue to seek a GIS Administrator. Attainable Housing continues to be a hurdle in hiring a GIS Administrator. Four offers were not accepted due to the cost of housing/living in our valley. Staff will continue to post the position. 4. Assist in the implementation and transition of the Regional Transit Authority: With the success of the formation of the Eagle Valley Transit Authority (EVTA) on the Nov 2022 ballot, the next step is creating the implementation and transition plan. Once approved, the work begins to consolidate services between 3 Transit Agencies. Staff continues to support the implementation and transition of the EVTA. In Feb 2023, Staff secured a $120,000 planning grant (CDOT: $96K; EVTA: $24K) to support the transition. Staff continues to support the implementation and 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 20 of 22 transition of the EVTA and assist in the Technical Committee. The Technical Committee is currently working on the fare-free zone scenarios/costs. 5. Develop and Implement Climate Action Strategies: Continue to review, develop, and implement Climate Action Strategies across all divisions. Staff continues to support Climate Action Strategies. Public Works Department will be supporting Sustainability Day with electronic collection, EV and Ebikeshare demonstration, and drought-resistant seed give-away. The Mobility Division garnered $970K for an electric bus with an estimated arrival date of Dec 2024. Public Operations continues to work on replacing blue grass and demonstration gardens around Town. Staff continues to support Climate Action Strategies by launching the regional EV Bikeshare Program, Shift Bikes. PUBLIC WORKS >> ENGINEERING 6. Pursue Grants for the Nottingham Road Drainage Improvements: The Town has experienced periodic flood events on Nottingham Road that closed Nottingham Road, Interstate 70, and damage several downstream developments. Two projects are proposed at 330 Nottingham Road near Sonnen-Halde and Sherwood Meadows Condominiums and 400 West Beaver Creek Blvd near Beaver Bench Condominiums. We are currently applying for grants in the November 2022 FEMA grant cycle and if not successful we will apply in the 2023 grant cycle. The project will be designed in 2023 and planned for construction in 2024. The project was submitted for the Congressional Directed Spending grant. Awaiting decision. The Nottingham Road Drainage Improvements project was not selected for the 2023 grant cycle. FEMA stated Avon’s project may be selected if an awarded project withdraws from the grant. 7. Develop and Implement an Internal Project Review and Consensus Process for CIP: The Engineering Division will develop an internal review and consensus process for all CIP projects. The process will ensure all stakeholders are actively engaged and all considerations are identified. Staff continues to work on an internal Project Review and Consensus Process for CIP. Staff are executing an Internal project review and consensus process for the CIP program. PUBLIC WORKS >> FACILITIES 8. Establish energy benchmarking for all Town buildings and identify strategies for energy reduction: Colorado is the 2nd State to implement building benchmarking (HB21-1286) for buildings above 50,000 square feet, and cities like Fort Collins and Aspen have enacted their ordinances to benchmark smaller buildings. Avon plans to continue to research and monitor the different building benchmarking programs, develop strategies to encourage beneficial electrification, and plan for an ordinance in 2023. Staff is supporting the Sustainability Division in the benchmarking effort by providing needed utility data. Facilities has adopted the Energy Portfolio program and is transferring all Town buildings utility usage data. 9. Create and implement a Preventive Maintenance Program: The Facilities Division will work with the Engineering, and Operations Divisions to develop a preventive maintenance program. The preventive maintenance program will include drainage infrastructure, streetlights, buildings, and 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 21 of 22 roadway infrastructure. Staff is working to implement a Preventive Maintenance Program in PubWorks. The Task List has been built. With the results of the building reserve study, we will be able to summarize and develop a short- and long-range maintenance program. 10. Conduct Reserve Studies for the Town Hall and Recreation Center: A Reserve Study is a long- range capital planning tool that helps leadership anticipate and prepare for the repair and replacement of their assets. Reserve studies are important for financial sustainability to properly maintain and replace assets. The Reserve Study provides a prioritized schedule of capital projects and a reserve funding plan to offset future costs associated with repairing and replacing the common assets over the next 30 years. Staff continues to work on a Request for Proposals (RFP) for the Reserve Study. Sample RFPs have been researched and collected. The selection committee has conducted interviews to our short list applicants and has selected a finalist and awaiting contract agreements. 11. Research the benefits and feasibility of in-house custodial staff versus contract service for the Recreation Center: As the demand for services grows at the Recreation Center, increase custodial service is needed. Staff will research the benefits and feasibility of in-house custodial staff vs. contract service. Staff has completed the cost-benefit analysis. The next step is to evaluate the flexibility and impacts of in-house custodial staff on the Level of Service and to reduced Contracted Services. We are continuing the evaluation process. PUBLIC WORKS >> FLEET 12. Become ASE (Automotive Service Excellence) Blue Seal of Excellence Certified Shop: Fleet will work towards earning its certification as a shop to become a fully certified ASE shop. To obtain the shop certification, at least 75% of the technicians must be ASE Certified, and each area of service offered must be covered by at least one ASE Certified technician. Staff continues to work towards attaining the ASE Blue Seal of Excellence Certification. Staff has participated in the first round of testing for the year and gained 7 more of the 25 needed certifications. This leaves us with only needing 2 more tests passed to achieve our goal. We signed up for testing in August and September to achieve this. PUBLIC WORKS >> MOBILITY 13. Expand evening bus service in the Town core: In 2022, ridership and the number of stops increased. The increases caused numerous delays with the Night Rider evening bus service. Based on the demand, the Blue Line and Red Line routes will expand to operate from 6:30 am to 10:00 pm, alleviating delays and missed loops while keeping the 30-minute service times. Due to limited bus drivers, Staff was unable to increase the evening bus service. Staff will assess staffing levels after the ski season for the possibility of expanding the evening bus service. This is on track for 2023-2024 ski season assuming we can hire enough drivers. 2nd Quarter Update 2023 Department Goals Adopted January 10, 2023 – 2nd Quarter Update Page 22 of 22 14. Expand the Shift-Bike regional e-bikeshare program: After a successful launch in 2022, staff will continue to work with Vail, EagleVail, and other local stakeholders to expand the regional e- bikeshare program in the Valley in 2023. Based on the popularity of the program, $100K is budgeted for 2023 to double the number of e-bikes. Staff has completed the 2023 Agreement. The ebikeshare program is scheduled to begin in mid-May and will run until the end of October. COMPLETE. 15. Employ two new diesel buses into the Avon transit fleet: Staff received a $1M grant in 2021 for two efficient diesel buses and will continue to oversee the acquisition and establishment of the buses into Avon’s Transit Fleet. These are projected to be the last diesel buses the Town will acquire and primarily be used for our Skier Shuttle routes. Staff continues to secure the two new diesel buses. The buses are estimated to arrive in October 2023. Staff is waiting for the two new, more efficient, diesel buses. PUBLIC WORKS >> OPERATIONS 16. Design the replacement of Avon’s irrigation system: An Irrigation Audit was conducted in 2022. The Audit Report recommended the entire antiquated irrigation system be replaced. The Audit found significant system-wide leakage, undersized mains, and failed controls for all zones where staff has to manually set at the control nodes. The design project will design an efficient irrigation system and recommend potential construction phases based on the availability of funds. The Town of Avon was awarded the Colorado Water Conservation Board (CWCB) Colorado Water Plan Grant for $80K ($50K Irrigation system design; $30K Landscape Plan). Staff will begin to work on RFPs to execute the work. Staff is waiting on the execution of the grant award contract to begin work. 17. Update Town Code Chapter 12.04 – Construction Work within Public Ways: The fees and fee structure of the Public Way permit needs to be updated. An ordinance is needed to amend section 12.04. The review will include an assessment of the fees and fee structure, and the inclusion of material specifications for Ordinance 20-10, requiring the installation of conduits in public streets. COMPLETE. 18. Implement the Noxious Weed Management Plan: Update the 2011 Noxious Weed Management Plan and continue to work with the Planning Department, Code Enforcement. Full implementation of the Noxious Weed Management Program will begin in the Spring with Public Outreach. Staff is preparing to begin the Noxious Weed Management Public Outreach program in April 2023. Staff is currently working the Noxious Weed Management Program, we have sent out a few notices for private property that have weeds. With the weeds highly active currently, we will amp up the inspections and notices as needed. COMPLETE. 970.748.4023 jskinner@avon.org TO: Honorable Mayor Amy Phillips and Council members FROM: Jena Skinner, Senior Planner RE: Program 2023 Update DATE: July 20, 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 launched by the Avon Town Council in 2020. REVIEW OF PROGRAM: In the first year of the ¡Mi Casa Avon! program (2020), the Town approved eight (8) applications. In 2021, 13 applications, and in 2022, 16 applications. As of January 1, 2023, the ¡Mi Casa Avon! resident-occupied housing program now applies to 37 units. Were it not for inflation and in increase in mortgage rates, this program would have had more applications. As of the date of this report, 1-of 2 applications has closed, with no more pending at this time. The mortgage rates for these 2 applications are 6.875% and 7.375%. The national average for a 30-year fixed is 7.058%, and for a 15-year fixed, 6.003%. There have been very few inquiries since the last quarter. With interest rates stuck at a 7% average with no inventory available in the average earner’s income level, it is understandable that there are no applications. It may be a good time to reconsider how we can help further with this program. The entire table containing this summary of property information and averages is on the following pages. COMPARISON OF SUMMARIES 2023: FINANCIAL CONSIDERATIONS: The initial appropriation from the Avon Community Housing Fund approved by Council for 2020 was $650,000. Council approved funding in the amount of $900,000 for the program in 2021. The remaining fund balance rolled over into 2022 was $238,018. Council approved funding in the amount of $1,200,000 for the program in 2023. Total remaining funds for 2022 was $273,758 which rolls over into 2023 for an available total of $1,473,758. Thank you, Jena QUARTERLY UPDATES Average Sq Ft Bdms Sales Price Mi Casa $ % $ / Sq Ft 2020 Program 1,314 2.5 $493,500 $58,095 11.8 $413 2021 Program 1,025 2 $584,978 $68,319 12 $603 2022 Program 963 2 $625,344 $72,766 11.9 $663 January Update (Program to Date 20-22) 1,087 2 $565,199 $66,047 12% $562 April Update (Program to Date 20-23) 1,074 2 $561,829 $66,493 11.9% $564 July Update - - - - - - October Update Total Funds 2023 Funds Awarded 2023 Pending transactions 2023 Funds remaining 2023 $1,473,758 $117,000 $0 $1,356,758 Page 2 of 3 # Year Type Sq Ft Bdms Neighborhood Sales Price Mi Casa $ % $ / Sq Ft 20 2 0 1 08/20 Condo 935 2 Metcalf / Barrancas $399,000 $47,880 12.0% $427 2 09/20 Multi-family 1,987 4 Wildridge $645,000 $75,000 11.6% $325 3 10/20 Townhome 2,027 3 Wildridge / Saddleridge At Avon $630,000 $75,000 11.9% $311 4 10/20 Townhome 1,337 3 Nottingham / Bristol Pines $480,000 $57,600 12.0% $359 5 10/20 Condo 552 1 Nottingham / Sherwood Meadows $288,000 $34,560 12.0% $522 6 10/20 Condo 840 2 Hurd / Avon Crossing $431,000 $51,720 12.0% $513 7 10/20 Townhome 2,063 3 Wildridge / Coyote Creek Townhomes $675,000 $75,000 11.1% $327 8 11/20 Condo 768 2 West Beaver Creek Blvd / Liftview $400,000 $48,000 12.0% $521 20 2 1 9 03/21 Condo 768 2 West Beaver Creek Blvd / Sunridge $430,000 $51,600 12.0% $560 10 03/21 Condo 768 2 West Beaver Creek Blvd / Sunridge $370,000 $44,400 12.0% $482 11 05/21 Townhome 1770 3 Wildridge / Elk Run Townhomes $695,000 $83,400 12.0% $393 12 06/21 Condo 1019 2 Adj. Town Core / Greenbrier $449,000 $53,880 12.0% $441 13 07/21 Condo 935 2 Metcalf / Barrancas $498,000 $59,760 12.0% $533 14 07/21 Condo 1647 2 Nottingham / Balas Townhouse $645,000 $77,400 12.0% $392 15 08/21 Townhome 1228 2 Nottingham / Nightstar $750,000 $90,000 12.0% $611 16 09/21 Townhome 806 1 Wildwood / 1066 Wildwood Townhomes $515,000 $61,800 12.0% $639 17 09/21 Townhome 1176 3 Wildridge / Mountain View Townhomes $616,100 $73,932 12.0% $524 18 10/21 Townhome 2025 3 Wildwood / Wildcat Ridge Townhomes $880,000 $100K 11.4% $435 19 10/21 Condo 768 2 Metcalf / Barrancas $420,750 $50,490 12.0% $548 20 10/21 Condo 935 2 West Beaver Creek Blvd / Sunridge $480,000 $57,600 12.0% $513 21 11/21 Condo 464 1 Nottingham Lake / Beaver Bench $370,000 $44,400 12.0% $797 20 2 2 22 1/22 Condo 768 2 West Beaver Creek / Sunridge $500,000 $60,000 12.0% $651 23 1/22 Condo 768 2 West Beaver Creek Blvd / Liftview $540,000 $64,800 12.0% $703 24 1/22 Condo 768 2 West Beaver Creek Blvd / Liftview $522,000 $62,640 12.0% $680 25 2/22 Condo 552 1 Nottingham / Sherwood Meadows $390,000 $46,800 12.0% $707 Page 3 of 3 # Year Type Sq Ft Bdms Neighborhood Sales Price Mi Casa $ % $ / Sq Ft 26 3/22 Townhome 1468 3 Wildridge / Orchard $950,000 $100,000 10.5% $647 27 4/22 Condo 925 2 Metcalf / Barrancas $520,000 $62,400 12.0% $562 28 6/22 Condo 937 2 Metcalf / Barrancas $610,000 $73,200 12.0% $651 29 6/22 Condo 768 2 West Beaver Creek / Liftview $600,000 $72,000 12.0% $781 30 7/22 Condo 935 2 Metcalf / Barrancas $625,000 $75,000 12.0% $669 31 8/22 Townhome 1824 3 Wildridge / Suncrest $750,000 $90,000 12% $411 32 7/22 Condo 866 2 Hurd / Avon Crossing $700,000 $84,000 12% $808 33 9/22 Townhome 1380 3 Wildridge / Draw Spur Townhomes $860,000 $100,000 11.6% (MAX) $623 34 9/22 Condo 1228 2 Nottingham / Nightstar $730,000 $87,600 12% $595 35 10/22 Condo 503 1 West Beaver Creek / Benchmark $363,500 $43,620 12% $723 36 11/22 Condo 780 2 West Beaver Creek / Sunridge $615,000 $73,800 12% $789 37 12/20 Condo 935 2 Metcalf / Barrancas $570,000 $68,400 12% $610 20 2 3 38 4/11 Condo 768 2 West Beaver Creek / Sunridge $575,000 $69,000 12% $749 39 4/14 Condo 915 2 Nottingham / Sonnen Halde $430,000 $48,000 11.2% $470 Average 1,074 2 $561,829 $66,493 11.9% $564 CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 15, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 15 JUNE 2023 PAGE 1 | 4 1. ROLL CALL Present: Committee Member Danielle McNair, Thomas Walsh, Lisa Mattis, Committee Chair Doug Jimenez and Mayor Amy Phillips Staff: Culture, Arts & Special Events Manager Danita Dempsey, Town Planner +1 Max Morgan, Director Community Development Matt Pielsticker, Town Manager Eric Heil, and Special Events Coordinator Chelsea Van Winkle Absent: Town Council Member Lindsay Hardy and Ruth Stanley and Committee Member Pedro Campos, Justin Chesney, and Calyn Rieger The meeting was called to order at 2:09 p.m. 2. PUBLIC COMMENT No public comments were made. 3. STAFF UPDATE Town Manager Eric Heil, Director Community Development Matt Pielsticker, and Town Planner +1 Max Morgan presented draft plans of East Nottingham Park skate plaza and restrooms. Town Planner +1 Morgan presented the Skate Plaza Update and Feedback PowerPoint presentation. He began describing that the Old Town Hall site (1 Lake Street Avon, CO 81620) proposed improvements include bathrooms, event logistics and a skate plaza. He explained that the skate plaza not a skate park, can be used not only for skate boarding but recreation, socialization, art, music, landscaping, and events instead of just a skate park and that is why council and the Skate Park Coalition have changed to a skate plaza. He continued stating that bathrooms are crucial to this project especially in this location. Town Planner +1 Morgan, then went into the background of the skate plaza, saying that the Skate Park Coalition came to Avon with a design grant and asked if Avon could find a site for a skate park. When La Zona project was also presented around the same time, the Town had some key pieces come together which got the skate plaza initiative off the ground. The design grant that the Skate Park Coalition received made them have a public session. This is where we were able to guide them and explain that if they wanted just a skate park to themselves then the space could not be in the park. If it were to be by the park, it is going to be a mixed space that the Town of Avon has control over. The Skate Park Coalition group said they would prefer a beginner oriented, mixed space next to the park and understood that the space would be designed for everyone in the community and may be blocked off at times for events or other activations. Town Planner +1 Morgan provided examples of skate plazas as well as a skate park next to a park and event space. Winter Park has integrated the park space, the pedestrian path, the playground, the stage, etc. with a skate park. When Winter Park was contacted, they provided some insight which included, “build a skate park, a little bit of buffering goes a long way, long cost development, we do close it for events, etc.” In addition to the Skate Park Coalition, a Capstone student provided a comprehensive report and identified what this skate plaza would do for the community. Town Planner +1 Morgan stated that we will share with the group, the report and that one of the things that stuck out to him was that it really does help with mental health in the community. CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 15, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 15 JUNE 2023 PAGE 2 | 4 Lastly, Town Planner +1 Morgan explained the next steps which are writing an RFP for a skate design build company to work with Zehren design group who is already involved in the project. THE RFP includes event logistics. Town Manager Heil explained that at a high level, the reason the Town is looking at moving the skate plaza from La Zona is there was discussion around the Old Fire Station space turning into a potential art space so we decided to pause and move the skate plaza and see if the Old Fire Station could be an opportunity for a space designed around art. The team (Town Manager, Mayor Phillips, CASE Members and CASE Staff) recently were at the Colorado Creative Summit and gained some inspiration on what could be done in that space. Town Manager Heil then clarified that the Old Fire Station will be getting torn down and hopefully could become a community art space and that is why the skate plaza will potentially move to the East Nottingham Park site. The Committee commented/inquired: A. Need clarity on the skate plaza and the layout. B. It is hard for me to see the blend of all the components. Do the skate boarders want to “share” the space? C. In looking at the pictures of the examples, I need clarification on what this will look like. D. The population of the Town of Avon is X and is the percentage of young people who would participate going up or down? The data about the development of the town should be aligned with the decision to do it. I want to make sure that it is relevant to the data. E. As someone with a young family, I would love to see more young families welcome here. F. If you are building this flat or semi flat, it makes it easier to build from there if things change. G. I am struggling to get behind a skate plaza because is the freestyle community looking for an additional skate park in the county? I would love to see a beginner type park as a bowl can really change the space. H. If we build it, they will come. The kids in my neighborhood are out on two wheels and need a space. I have changed my mind now that we have seen the plans. I. Is this a component of the La Zona Project? J. 1,200 kids in Avon and the buses are their main form of transportation. This interests me because this is a place where they are being supervised and it is on a bus route. K. Is there a way we can help on the front end before the design options happen to pull what we think together? L. Are these bathrooms from old shipping containers? M. Does this mean the permanent structure for concessions and restrooms out of the picture? N. The design is thoughtful, I love how it is multi-use. I love what it brings to the park for families. O. Not my first choice but if it is implemented in the right way, I think it would work well. I think something I would like to see is similar to Vail Pavilion. I think there are enough skate options in our community. I like the skate plaza better but would like to avoid the bigger features. P. I appreciate you including the CASE Committee in these discussions. I think it would be a great space for art display. I am excited to see how it plays out. Q. How can we utilize that space in the winter? a. What about snow melt in the plaza or heat recovery? CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 15, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 15 JUNE 2023 PAGE 3 | 4 Town Manager Heil responded that he sees Silverthorne and Breckenridge that have the skate park, playground, and park all together and it gives high visibility and blends really well. He continued that having seen that personally, it seems like a skate plaza is a good natural fit in that location. Town Manager Heil explained that the next step is to hire a skate plaza designer to draw the plan and bring it back to committees and council. The concept designs would have input from all the groups, there will be that process, so no one needs to give those thoughts today. If everyone is happy with the concept, then we would move forward to construction drawings. He continued stating that what we learned at the Sustainability Fair and Town Clean Up, is the Old Town Hall East lot works well for that event and potentially other events. If we can do something that is similar to the urban skate park concepts, we could create a flat design space that is multipurpose so we can set up booths for events. He also stated that he would like to see trees and demonstration gardens potentially worked into the space and have trees in the skate park as just part of the design. Town Planner +1 Morgan showed some examples of interactive skate art that the Town would like to incorporate in this space. He said that the space is 16,000 square feet for the skate plaza and will have a range of features. Town Manager Heil said I don’t think we resolve it here, but we can put together the data of the growing population and percentage of population that would use the space. He continued with what we do know is the town is growing so whatever the population we have; I am confident we will have more. He continued saying unliked the other options for this space, this is a low investment so in ten years, if we change our minds, it does not lock us in. Sometimes we try and make things work for every possible interest and sometimes that does not work and provides confusion. Mayor Phillips pointed out the new shipping containers (box modular) restrooms in the presentation and explained that these would be ready to go, and we would make them look pretty and fit in the design. She also included that the Department of Local Affairs is releasing a grant at the end of June for placemaking, restrooms, etc. in parks and the Town will be applying. The bathrooms will be half the size from before with roughly 10 women’s stalls, 5 urinals and 3 men’s stalls with two ADA/Family bathrooms and it comes in at a quarter of the price previously quoted. She also said that when Old Town Hall got taken down it really opened the views to Beaver Creek so not building a large structure here keeps the amazing views of the mountains. Town Planner +1 Morgan gave details about the use of the skate plaza during the winter. He stated that a sculpture garden and/or interactive art being throughout the space, would allow for people to still walk through it in the winter. Although he agreed the seasonality of the space makes it tough but that this could make us lean into art or also could highlight history, future, art, heritage, etc. 4. CLOSING COMMENTS Town Manager Heil stated that the Town of Avon staff will keep the committee up to date on when the skate plaza and restrooms go to council for approval. We will also bring the Recreation, CASE and P&Z committed together on the 3rd Tuesday in August to discuss the potential site. The RFP will go out by the end of July, then in September we will see the conceptual designs and come back to committees, etc. 5. ADJOURNMENT The meeting was adjourned at 3:15 p.m. CASE COMMITTEE MEETING MINUTES THURSDAY, JUNE 15, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIRTUALLY ON ZOOM CASE COMMITTEE MEETING MINUTES, 15 JUNE 2023 PAGE 4 | 4 Respectfully submitted by: Chelsea Van Winkle Special Events Coordinator Page 1 of 2 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT WEDNESDAY, JULY 5, 2023 100 MIKAELA WAY – AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER BY PZC CHAIRPERSON ANTHONY SEKINGER AT 5:06 PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE BRAD CHRISTIANSON, BILL GLANER, ANTHONY SEKINGER, OLIVIA COOK, KEVIN HYATT, AND TOM SCHAEFER. ALSO PRESENT WERE REPRESENTATIVES FROM OZ ARCHITECTURE, MICHAEL LINDHOLM FROM TRAER CREEK LLC, DIRECTOR MATT PIELSTICKER, AICP, AND PLANNER 1+ MAX MORGAN. TOWN MANAGER ERIC HEIL JOINED THE MEETING PRIOR TO THE PUBLIC HEARING ON THE AVON DOWNTOWN DEVELOPMENT AUTHORITY 2. APPROVAL OF AGENDA ACTION: DIRECTOR MATT PIELSTICKER PROPOSED THAT ITEM 5 PRECEDE ITEM 4 ON THE AGENDA. COMMISSIONER SCHAEFER MADE A MOTION TO APPROVE THE PROPOSED, AMENDED AGENDA. COMMISSIONER GLANER SECONDED THE MOTION, AND THE MOTION WAS PASSED 6-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS ACTION: T HERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION DISCLOSED. 4. WORK SESSION 4.1. AVON DOWNTOWN DEVELOPMENT AUTHORITY PLAN (TOWN MANAGER ERIC HEIL) MOVED TO FOLLOW I TEM 5 5. REFERRAL 5.1. TRAER APARTMENTS ON PLANNING AREA F NORTH (PLANNING DIRECTOR MATT PIELSTICKER) 6. CONSENT AGENDA 6.1. JUNE 6, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER HYATT, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 6-0 VOTE. 7. STAFF UPDATES 7.1. STONEBRIDGE HOTEL (SENIOR PLANNER JENA SKINNER) DIRECTOR M ATT PIELSTICKER PROVIDED THE UPDATE IN JENA SKINNER’S ABSENCE 8. FUTURE MEETINGS 8.1. JULY 18, 2023 8.2. AUGUST 1, 2023 9. ADJOURN ACTION: CHAIRPERSON SEKINGER ADJOURNED THE MEETING AT 6:43PM. Page 2 of 2 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, MAX MORGAN Page 1 of 2 AVON PLANNING & ZONING COMMISSION MEETING ABSTRACT TUESDAY, JULY 18, 2023 100 MIKAELA WAY – AVON COUNCIL CHAMBERS 1. CALL TO ORDER AND ROLL CALL ACTION: THE MEETING WAS CALLED TO ORDER BY PZC CHAIRPERSON ANTHONY SEKINGER AT 5:06 PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS PRESENT WERE BRAD CHRISTIANSON, BILL GLANER, ANTHONY SEKINGER, OLIVIA COOK, AND TOM SCHAEFER. ALSO PRESENT WERE APPLICANT JEFFREY MANLEY, AIA, DIRECTOR MATT PIELSTICKER, AICP, SENIOR PLANNER JENA SKINNER, AICP, AND PLANNER 1+ MAX MORGAN. COMMISSIONER KEVIN HYATT WAS NOT PRESENT. 2. APPROVAL OF AGENDA ACTION: COMMISSIONER GLANER MADE A MOTION TO APPROVE THE PROPOSED, AMENDED AGENDA. COMMISSIONER CHRISTIANSON SECONDED THE MOTION, AND THE MOTION WAS PASSED 5-0. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS ACTION: T HERE WERE NO CONFLICTS OR EX PARTE COMMUNICATION DISCLOSED. 4. PUBLIC HEARING 4.1. MAJOR DEVELOPMENT PLAN- MJR23003 (PLANNER 1+ MAX MORGAN) ACTION: APPLICANT J EFF MANLEY REQUESTED AN ADDITIONAL CONDITION FOR APPROVAL THAT REQUIRES THE AN UPDATED LANDSCAPING PLAN THAT INCLUDES SEVERAL TREES ON THE NORTH PORTION OF THE PROPERTY, AND THAT UPDATED PLAN RECEIVE APPROVAL FROM THE WESTERN SAGE HOA. ACTION: COMMISSIONER SCHAEFER MADE A MOTION TO APPROVE THE AGENDA WITH THE ADDITIONAL CONDITION PROPOSED BY THE APPLICANT. COMMISSIONER CHRISTIANSON SECONDED THE MOTION AND THE MOTION PASSED 5-0. 5. CONSENT AGENDA 5.1. JUNE 6, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES ACTION: COMMISSIONER GLANER MOTIONED TO APPROVE THE CONSENT AGENDA. THE MOTION WAS SECONDED BY COMMISSIONER CHRISTIANSON, AND ALL WERE IN FAVOR. THE MOTION PASSED UNANIMOUSLY WITH A 5-0 VOTE. 6. STAFF UPDATES 6.1. APA CONFERENCE REMINDER 7. FUTURE MEETINGS 7.1. AUGUST 1, 2023 7.2. AUGUST 15, 2023 8. ADJOURN ACTION: COMMISSIONER SEKINGER ADJOURNED THE MEETING AT 5:42PM THESE MEETING NOTES ARE ONLY A SUMMARY OF THE PROCEEDINGS OF THE MEETING. THEY ARE NOT INTENDED TO Page 2 of 2 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, MAX MORGAN HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, JULY 18, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 18, 2023 PAGE 1 | 7 1. ROLL CALL Present- Committee Members: Committee Chair Kevin Hyatt, Committee Vice Chair Pat Nolan and Committee Members, Kathy Ryan, Nancy Tashman (virtual), Lisa Post, Pam Warren (virtual) Staff: Recreation Director Michael Labagh, Aquatics Superintendent Kacy Carmichael, and Recreation Services Superintendent Jerrica Miller, Town Manager Eric Heil Town Council: Councilor RJ Andrade, Councilor Ruth Stanley (virtual) Absent- None Committee Chair Kevin Hyatt opened the meeting at 10:06 a.m. 2. APPROVAL OF THE AGENDA Committee Member Kathy Ryan motioned to approve the agenda, Committee Vice Chair Pat Nolan seconded the motion to approve the agenda. Recreation Director Michael Labagh declared the agenda approved. 3. APPROVAL OF THE MAY 2023 MEETING MINUTES Committee Member Kevin Hyatt made a motion to approve the minutes from the May 16, 2023 meeting and Committee Member Kathy Ryan seconded the motion. Recreation Director Michael Labagh declared the minutes approved. 4. PUBLIC COMMENT No public comments were made. 5. BUSINESS ITEMS 5.1 Recreation Department Update Recreation Direction Michael Labagh provided an update on admissions revenues, average daily visits and explained that the month of May was a little lower attendance than last year due to the partial pool closure and the steam room and sauna remodel. June was a rainy month, bringing people inside so we saw increased admissions revenue comparing 2022 to 2023. Recreation Director Labagh shared before and after images of the steam room and sauna to show the results of the remodel, and told the Committee that staff are happy with how it turned out. Great work from the facilities team and contractor led to this success. The new Technogym cardio equipment installation is complete. Patrons have shared compliments to staff that the machines are uniform and easier to use. Staff currently offer an Adult Fitness Orientation once a month and will now add a cardio equipment orientation as well. Recreation Services Superintendent Jerrica Miller shared that the summer day camp is full and busy, with increased capacity of 50 children per day. Families on waitlists are contacted automatically by email and the response time is not always quick, so the day camp has not had a full roster of 50 children yet. Field trips are scheduled on Tuesdays and Thursdays and are capped at 30 children because of transportation limitations. Pickleball has been busy with programs and drop-in play. Staff are looking forward to holding another outdoor basketball tournament at the end of the Summer. Aquatics Superintendent Kacy Carmichael provided an overview of the Aquatics programs taking place this Summer including the indoor Recreational Swim Meet, Dunk-N-Dash competitions on Mondays, and Open Water Swim HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, JULY 18, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 18, 2023 PAGE 2 | 7 sessions on Thursdays. She reminded the Committee of upcoming special events at Nottingham Lake such as Sunset SUP on July 28 and the Open Water Swim Championships on August 12. Lifeguard training will be offered August 7 -11 to continue staffing efforts for Fall. Youth Group Swim Lessons have doubled the number of offerings in the summer with morning classes, evening classes and Saturday mornings. Offerings have also been increased for Parent and Infant as well as Parent and Toddler swim classes. Swim team as usual is taking home trophies and qualifying for prestigious competitions. Three swimmers qualified for Sectionals, on e for Senior Zones and one for Futures, which are national level swim meets. The Committee commented/inquired: A. Committee Member Nancy Tashman inquired if the new cardio equipment arrived in May or June? Attendance still increased in June even with a partial closure? a. Recreation Director Michael Labagh replied saying in June the cardio equipment was installed and due to strategic, partial closure, the fitness area was still usable during the installation. B. Committee Member Kathy Ryan inquired if reports could be provided to show how many people use the pool vs. fitness areas. It would show what amenities are of importance to the community. a. Recreation Director Michael Labagh replied that staff take patron counts (attendance) on a regular basis, and he sees value in providing that data. C. Committee Vice Chair Pat Nolan commented saying the new cardio equipment looks great. D. Committee Chair Kevin Hyatt stated he has heard lots of compliments while at the Recreation Center. He also said the cardio equipment looks great. E. Committee Member Kathy Ryan inquired why we are not concerned about children swimming in the middle of the lake? a. Aquatics Superintendent Kacy Carmichael replied that lifeguards are present at the lake during open water swim programs, but not on daily surveillance duty. b. Recreation Director Michael Labagh added that enforcement of the lake rules is currently the responsibility of Town of Avon Police Department/Community Response Officers. 5.2 Recreation Department Cost Recovery and Program Subsidy Plan Recreation Director Michael Labagh provided an overview of the meeting goals for the Committee to understand current cost recovery practices, Town’s Vision, Culture Statement, and Mission Statement. Recreation Director Michael Labagh explained historical data for the Recreation Department cost recovery. The Committee commented/inquired: A. Committee Member Nancy Tashman commented that she is colorblind and cannot see the PowerPoint text because of the lack of color contrast. a. Recreation Director Michael Labagh thanked her for the feedback so he can adjust for the next meeting. B. Committee Member Kathy Ryan inquired if Recreation Director Michael Labagh could define subsidy practices and subsidy level? a. Recreation Director Michael Labagh replied saying that in the past cost recovery initiatives have been inconsistent in the past and staff are taking this opportunity to formalize the effort. He also explained to Kathy that subsidy level refers to the amount of money (percentage) that the Town allocates toward a program or service that is valued in the community. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, JULY 18, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 18, 2023 PAGE 3 | 7 C. Committee Member Kathy Ryan asked if subsidy means money? a. Recreation Director Michael Labagh replied that yes subsidy means money, staff time, or discounts for certain groups. b. Town Manager Eric Heil shared that in Steamboat Springs they had an extensive presentation on cost recovery and subsidy policy including different levels of cost recovery. The Town has leaned toward 100% cost recovery, and done well to achieve it, which is unusual. The Recreation Center is also a community center and doesn’t need to function like a high profit business. Staff are looking at industry standards to look at potentially less than 100% cost recovery for some areas if it provides a valuable service to the community. D. Committee Member Kathy Ryan inquired if the Recreation Center is charging for individual classes? a. Recreation Director Michael Labagh replied no, but that has changed several times. E. Committee Member Kathy Ryan asked what is being subsidized? Yoga? a. Recreation Director Michael Labagh explained staff are working with non-profits such as Small Champions to provide discounts. F. Committee Member Kathy Ryan asked if the Recreation Center charges for Zumba class? a. Recreation Director Michael Labagh it depends on how you look at it. Fitness classes could be considered subsidized because they are included in an admission fee. G. Committee Member Lisa Post inquired if there are fees outside of day camp or tournaments? a. Recreation Director Michael Labagh explained that this is what we would like to discuss later in the presentation. For example, staff could charge more for Dunk-N-Dash race at 120% cost recovery but also provide youth swim lessons at less than 100% price recovery. H. Councilor RJ Andrade inquired what the average cost recovery is at neighboring organizations? a. Recreation Director Michael Labagh replied that he doesn’t have that specific data, but also shared that Vail Recreation District and Mountain Recreation are very different organizations from the Avon Recreation Department. I. Councilor RJ Andrade asked Recreation Director Michael Labagh if he was teaching a college course, what would be the target cost recovery? a. Recreation Director Michael Labagh referred to the Industry Stats slide for his response and responded that it depends on the type of organization and organizational mission and goals. J. Committee Member Nancy Tashman asked about pre-COVID numbers vs. post-COVID numbers? What’s the explanation for that difference? a. Recreation Director Michael Labagh explained that 2017 was close to 99-100% cost recovery, so 2018 and 2019 followed a similar suit. Staff pay has increased significantly, as well as increased maintenance costs. COVID was disruptive and staff significantly reduced expenses, aiming for 50% cost recovery. Staff are confident and comfortable that the cost recovery trend is positive since 2021. K. Committee Member Nancy Tashman, stated she is not an accountant but inquired if there a way to show number of people served year to year? a. Recreation Director Michael Labagh replied yes, we could use the facility visitation numbers. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, JULY 18, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 18, 2023 PAGE 4 | 7 b. Town Manager Eric Heil stated there are three categories of cost have gone up significantly: i. 50% increase on construction costs (HVAC repair), less trades, people living locally ii. Keeping good staff is expensive, navigating employer cannibalism. Paying people well has been successful for retention iii. Utilities have gone up in cost iv. For two years in a row Avon Recreation has been named Best Place to Workout, setting a high bar the Town is proud of. Now that we’ve achieved that, we don’t want to rest on our laurels. We don’t need to be at a luxury level like the Westin, but we want to be better than a typical government run Recreation Center. v. We could be at 100% cost recovery, but it would not be affordable for most of the community. L. Councilor RJ Andrade inquired what is the cost to the Town vs. cost to the customer? a. Recreation Director Michael Labagh replied that staff have not modeled that out yet. b. Town Manager Eric Heil stated that if we made it more affordable than it is now, the Recreation Center would have more capacity issues. M. Committee Member Kathy Ryan stated that expenses include salaries, maintenance, and construction. a. Recreation Director Michael Labagh replied yes and explained Capital Improvement Project vs. Capital Equipment Fund N. Committee Member Kathy Ryan inquired what is included in the cost? Is revenue what goes into the cash register? a. Recreation Director Michael Labagh confirmed her statement and added that revenue comes from program registration, admissions, merchandise, and facility rental fees. O. Committee Member Kathy Ryan inquired if the remodel was included? a. Recreation Director Michael Labagh replied that was a Capital Improvement Project and not directly included in the Recreation Department budget. Recreation Director Michael Labagh stated staff are proud of the balance found without a formal policy and asked the committee what makes sense to them for next steps? A. Committee Member Nancy Tashman stated that Avon has a good reputation for being affordable. Playing pickleball, she learned other communities make you pay to play. Avon is a friendly atmosphere and she would like to see it stay that way. B. Councilor RJ Andrade inquired if the goal is to strive for a hard line to not go below? He would like to see the price breakdown. a. Recreation Director Michael Labagh replied yes, we want to maintain a range. For example we need a new volleyball net system for $5,000, that won’t be an annual expense. Larger, one-time purchases may fluctuate year-to-year based on the needs of the department. C. Committee Member Kathy Ryan stated that she yells at the kids hanging on the volleyball net from her porch. If she knew which activities were most frequented, she would know where to increase the fees. a. Recreation Director Michael Labagh explained our philosophy is not necessarily to raise costs on programs because they are popular. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, JULY 18, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 18, 2023 PAGE 5 | 7 D. Councilor RJ Andrade inquired do we want to raise prices, or do we have to raise prices? a. Recreation Director Michael Labagh responded that staff are comfortable with how they are operating now based on the fee analysis conducted in 2022. E. Committee Member Nancy Tashman, can we afford to maintain a goal of not hitting 100%? a. Yes, but that is up to the Town to decide what a comfortable level of subsidy is. F. Committee Member Pam Warren complimented Recreation Director Michael Labagh saying good job, very informative presentation. She would like to understand the usage. If things are overprogrammed, would we decrease the usage? Would it make sense to add or increase a fee for one or multiple programs to adhere to the cost recovery goal to ensure that the programming does a good job meeting the needs of a variety of age groups. a. Recreation Director Michael Labagh thanked Committee Member Pam Warren for her questions and will address them later in the presentation. G. Committee Member Kathy Ryan stated she has been a local for 25 years, and she’s a victim of cost recovery. Her favorite fitness class was eliminated because of low enrollment and never returned. a. Recreation Director Michael Labagh explained the policy for cancelling is 3 or less people enrolled. b. Recreation Service Superintendent Jerrica Miller added that a low enrollment program may just need to be re-evaluated and possibly offered at a different day or time. c. Recreation Director Michael Labagh reminded Committee Member Kathy Ryan staff have to be responsible for the money allocated to the Recreation Department and to not overspend on services that are not well attended. H. Committee Member Lisa Post inquired what is it that we are looking for? An overview, a philosophy? a. Recreation Director Michael Labagh replied yes, exactly. We want to identify what services have what level of cost recovery. For example, the lobby is free to use. Michael explained Public service vs. Merit Service vs. Private Services I. Committee Member Kathy Ryan inquired how are aerobics classes classified? What about senior use of a facility? What about a birthday party? Is that a merit service? a. Recreation Director Michael Labagh replied saying most programs fall into the merit services, rentals can be subsidized as well. A birthday party would be a private service. J. Committee Member Nancy Tashman requested to keep regular fitness classes included in membership/admission. It would be okay if a specialty class like country line dancing has a separate fee. a. Recreation Director Michael Labagh thanked her for the feedback. Fitness classes promote exercise and socialization, and we are looking to keep most classes free. K. Committee Member Pam Warren commented saying it takes pressure off the instructor knowing their class will run. Recreation Director Michael Labagh explained that we would like to set a cost recovery level for each program. If analyzing from a department level, the recommended target could be at 65%-80%. P. Committee Member Lisa Post inquired if programs could have a blend of cost recovery levels? a. Recreation Director Michael Labagh replied yes, that is what staff will determine and formalize. HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, JULY 18, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 18, 2023 PAGE 6 | 7 Recreation Director Michael Labagh explained how staff intend to analyze program fees and admission schedules on an annual basis and opened the floor up to discussion. Q. Committee Vice Chair Pat Nolan commented that this is a great idea and right on par with what the Committee should be focused on. R. Committee Chair Kevin Hyatt stated we should strive for 100% cost recovery, but it could be good to identify which programs are costing the Town more. S. Committee Member Kathy Ryan stated swim lessons are a life skill and is in favor of subsidizing swim lessons for children and adults. 5.3 La Zona Planning Project Update Recreation Director Michael Labagh provided a brief overview of La Zona upates. Options 1, 2 & 4 are moving forward with design. Staff are working with the architects from BRS and with RA Nelson to determine costs. Meeting next week with BRS and Recreation Staff to adjust and identify cost savings. The Committee commented/inquired: A. Committee Chair Kevin Hyatt inquired about the timeline. a. Recreation Director Michael Labagh stated that adapted designs will be complete by the end of August but construction timeline is yet to be determined. 5.4 Eaglebend Pocket Park Transformation Project Update Recreation Director Michael Labagh informed the Committee that Town of Avon is the recipient of a GOCO Community Impact Grant. Working with Eagle Valley Outdoor Movement (EVOM) to engage the community to plan what to do with Eaglebend Pocket Park. The community has been encouraged to dream big, but there will be limitations due to the size and location of the park. The Committee commented/inquired: A. Committee Vice Chair Pat Nolan and Committee Member Nancy Tashman congratulated the Recreation Staff on the grant award. B. Committee Member Kathy Ryan inquired if the park already has water and restrooms? a. Recreation Director Michael Labagh said no, not at this time and including those features is yet to be determined. C. Committee Chair Kevin Hyatt stated he thinks the park should have lots of trees for shade . D. Committee Vice Chair Pat Nolan agreed the park should have trees and thanked C ommittee Chair Kevin Hyatt for making that suggestion. 6. Other Business and Committee Members The Committee commented/inquired: A. Committee Member Kathy Ryan stated the food truck in front of the Recreation Center is very noisy and its’ noise pollution carries into the Recreation Center and down to the playground. The generator noise makes it less HEALTH AND RECREATION COMMITTEE MEETING MINUTES TUESDAY, JULY 18, 2023 HYBRID FORMAT IN PERSON AT AVON TOWN HALL AND VIA ZOOM HEALTH AND RECREATION COMMITTEE MEETING MINUTES, JULY 18, 2023 PAGE 7 | 7 peaceful to visit the park. There should be a decibel limit. Why sushi and not Mexican food? Who makes that decision? Do we subsidize them? a. Recreation Director Michael Labagh thanked Committee Member Kathy Ryan for her feedback and shared that other people have also made complaints. The truck has been moved down toward the fire station so they can plug in to power and not use their generator. Recreation Director Michael Labagh stated that Food Truck Permits are issued by the Culture, Arts and Special Events Division. He mentioned there is also a hot dog vendor over by SUPCO boat rentals. 7. ADJOURNMENT Committee Chair Kevin Hyatt motioned to adjourn, and Committee Vice Chair Pat Nolan seconded the motion. Committee Chair Kevin Hyatt declared the meeting adjourned at 11:28 a.m. Respectfully Submitted by Kacy Carmichael Aquatics Superintendent 970.748.4021 pmckenny@avon.org TO: Honorable Mayor Phillips and Council members FROM: Patty McKenny Deputy Town Manager RE: Great Outdoors Colorado (GOCO) Award of Grant Funds and Grant Agreement for Eaglebend Pocket Park Transformation Project DATE: July 20, 2023 SUMMARY: Please find attached a Grant Award Letter and Grant Agreement between Town of Avon and The State Board of the Great Outdoors Colorado Trust Fund, the final documents necessary for implementing the grant funding for the Eaglebend Pocket Park Transformation Project. The Town’s grant proposal included a request for GOCO Community Impact Funds in the amount of $375K and a commitment from the Town of Avon for a cash match of $150K and in-kind services of $45K. GOCO awarded the Town the monies in June. The project funds will be included with the supplemental budget ordinance in September. The agreement will be executed immediately. This report is informational only and no action is required. BACKGROUND: Town Staff and Sustainable Strategies (“S2”) DC (grant administration consultants) submitted an application to GOCO for the third cycle of requests for the Community Impact Program. Town staff presented a high-level summary at GOCO’s Board meeting in June and the funds were approved at their meeting. The Town thanks Debra Figueroa, S2, and Dan Omasta, North / Central CO Program Officer, for their support in writing the grant and guiding staff through the process for the submittal of the Eaglebend Pocket Park Transformation Project application. PROJECT UPDATES: The project team, including staff from Rec, Finance, PW, Com Dev and Town Manager’s Office, have met on several occasions to begin the work at the park and determine the next steps in grant administration. Leah Kahler, Grants Officer for GOCO, has provided a review for implementing the terms of the agreement. A budget amendment will be included with the next supplemental budget ordinance later this year. An agreement is being reviewed by Eagle Valley Outdoor Movement (EVOM) for their role with the Eaglebend neighborhood in the vision process. Next steps will be identified to begin the vision and community engagement meetings over the next few months. As public engagement meetings are set, town council will be invited to attend. TOWN MANAGER RECOMMENDATION OR COMMENTS: PROPOSED MOTION: No motion is required. Thank you, Patty ATTACHMENT A: Award Letter and Grant Agreement with the State Board of the Great Outdoors Colorado Trust Funds From:Dan Omasta To:Patty McKenny; Michael Labagh; Debra Figueroa; Eric Heil; Gina Van Hekken Cc:Leah Kahler Subject:Community Impact Grant Eaglebend Pocket Park Transformation Project Date:Thursday, June 15, 2023 11:00:03 AM Attachments:CI_NC_TownofAvon_0423_Combined.pdf Hello Patty and Team, Congratulations! This past Wednesday, the GOCO Board awarded funding to five projects through the Community Impact Program. The Town of Avon’s proposal for the Eaglebend Pocket Park Transformation Project was among those awarded funding. Leah Kahler, cc’d on this email, will serve as your GOCO point of contact moving forward. She will guide you through the development of the grant agreement, reporting, payments, and all the other grant administration functions. Leah will be reaching out shortly to set up a time for a post-award meeting. We’re excited to partner with you on this important work and look forward to getting started. Congratulations again! As always, feel free to reach out if you need anything! Best, Dan Dan Omasta (he/his) North/Central CO Program Officer Great Outdoors Colorado (GOCO) 720-576-7458 ATTACHMENT A Page 1 of 16 Updated 12/2021 GRANT AGREEMENT Project Name: Eaglebend Pocket Park Transformation Project Project Completion Date: June 30, 2025 Contract Number: 23010 PARTIES TO AGREEMENT Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund Address: 1900 Grant Street, Suite 725, Denver, CO 80203 E-mail Address: lkahler@goco.org Contact Name: Leah Kahler Telephone: Grantee: Town of Avon Address P.O. Box 975, Avon, Colorado 81620 E-mail Address: mlabagh@avon.org Contact Name: Michael Labagh Contact’s Phone: Date: June 22, 2023 EXHIBITS Exhibit A Project Summary Exhibit B Resolution Exhibit C Approved Budget Exhibit D Special Terms Page 2 of 16 Updated 12/2021 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (“GOCO” or “Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those proceeds in the state’s parks, wildlife, open space, and recreational resources. B. GOCO created grant programs pursuant to which eligible entities can apply for grants for a variety of outdoor projects. Grantee or Grantees listed above ('Grantee') submitted a detailed project application ('Project Application') that contemplates the execution of the project (the 'Project') entitled above and described in GOCO’s project summary ('Project Summary'), attached and incorporated as Exhibit A. C. GOCO approved Grantee’s Project Application, which is incorporated into this Agreement by reference, on June 14, 2023, subject to the execution of a detailed grant agreement. GOCO and Grantee each have on file a copy of the Project Application. D. The parties intend this Grant Agreement (this “Agreement”) to be the detailed grant agreement required by GOCO. AGREEMENT NOW, THEREFORE, in consideration of the parties’ mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1 – PROJECT 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Agreement. 2. Representations and Warranties of Grantee. Grantee is a Government, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. Grantee’s governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit B. 3. Grant and Project. GOCO awards to Grantee a grant in the amount not to exceed $375,000.00 (“Grant”), subject to the terms and conditions set forth in this Agreement. The Grant shall be used by Grantee solely to complete the Project as approved by GOCO and as described in the Project Application and the Project Summary. In the event of a conflict between the Project Application and the Project Summary, the parties shall resolve the conflict by mutual agreement. 4. Project Scope. Grantee shall not materially modify the Project without the prior written consent of the Executive Director of GOCO (“Executive Director”) or the Executive Director’s designee, such approval to be in GOCO’s sole discretion. Any material modification to the Page 3 of 16 Updated 12/2021 Project undertaken without GOCO’s prior written consent shall be deemed a breach of this Agreement, entitling GOCO to all remedies available under this Agreement. As provided in Paragraph 15 of this Agreement, if Grantee determines with reasonable probability that the Project will not or cannot be completed as described in the Project Application and the Project Summary, Grantee shall promptly notify GOCO and shall cooperate with GOCO in good faith to seek a resolution before any further funds are disbursed. 5. Grantee Efforts. Grantee agrees to use its best efforts to complete the Project in a timely fashion and consistent with this Agreement described in the Project Application and the Project Summary. 6. Approved Budget. Grantee has completed a detailed budget that reflects anticipated sources and uses of funds for the Project, including an accounting of Grantee’s anticipated costs associated with elements of the Project, a copy of which is attached and incorporated as Exhibit C (“Budget”). Eligible costs are described in Paragraph 9 of this Agreement. The Project Application contains a budget that may not match the Budget attached as Exhibit C and which, therefore, the parties shall not rely upon. Where discrepancies exist, the Budget in Exhibit C shall control unless the Executive Director or the Executive Director’s designee approves an updated version of the Budget in writing. Any such updated version of the Budget shall replace the version of the Budget in Exhibit C. 7. Waiver. Prior to the disbursement of funds, the Executive Director in their discretion may waive certain conditions set forth in this Agreement. Anything else to the contrary notwithstanding, the exercise by GOCO staff (“Staff”), the Executive Director, or GOCO of any right or discretion reserved to them under this Agreement shall not be deemed a waiver. Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in writing executed by them. Additionally, any failure by the Staff, the Executive Director, or GOCO to take any actions as set forth in this Agreement shall have no legal effect on the contractual duties of Grantee. Further, no waiver with respect to this Project, Grant, or Agreement shall constitute a waiver in any other GOCO-funded project. 8. Future Funding. This Agreement and the Grant only apply to the Project specifically described in this Agreement. GOCO makes no representations regarding future funding for future phases of the Project, whether or not described in the Project Application, Project Summary, or otherwise. SECTION 2 – GRANT PAYMENT 9. Eligible Costs. The Grant and all matching funds, whether cash or in-kind, shall be used only for eligible expenses approved by GOCO in the Budget; these costs are eligible for reimbursement on the basis of costs actually incurred by Grantee. If the Project includes a property acquisition, which may include acquisition of a fee simple interest or any type of easement, the purchase price of the property may not exceed the fair market value of the property as established by an appraisal. Page 4 of 16 Updated 12/2021 10. Payment of Grant. A. General Terms. Payment of the Grant is subject to the Project being completed with no material modifications made, except as otherwise consented to in advance by GOCO in accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the Grant if the Project changes in any way that GOCO deems material. It is the sole responsibility of Grantee to inform GOCO of, and receive GOCO’s written consent to, any material modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any modifications, however seemingly minor, to the Project. B. Specific Terms. GOCO strongly encourages Grantee to communicate with GOCO Staff at project commencement to determine a payment schedule, especially if Grantee requires an advance payment (as defined below). For capital construction, planning, stewardship, and capacity projects GOCO will issue payment as follows: i. Advanced Payment. Grantee may opt to receive a portion of the Grant prior to starting and completing work on the project ('Advanced Payment'). Grantee may request a single Advanced Payment of up to 75% of the grant amount upon execution of this Agreement and after providing to GOCO an advanced payment request detailing secured contracts and quotes included in the GOCO-approved Project scope. The Advanced Payment must be submitted using GOCO’s Advanced Payment Request form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making an Advanced Payment. An Advanced Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. Annually, at the end of GOCO’s fiscal year which concludes on June 30, GOCO will conduct an audit of all expenditures made by the Grantee using GOCO advanced payment funds during the year (July 1 – June 30). This may include requests for any invoices, receipts, billing statements evidence of payment, or other supporting materials relating to the receipt and use of GOCO funds by Grantee or third-party beneficiaries. The Grantee agrees to provide GOCO materials requested as part of any such review by July 15. GOCO shall provide the parties written notification if such review indicates deficiencies, errors, or other issues with money previously advanced. The parties agree to confer in good faith within 30 days of receipt of any notifications to achieve a resolution, as appropriate. ii. Progress Payment. Grantee may opt to receive a portion of the Grant after starting but prior to completing work on the Project ('Progress Payment'). Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date ('Progress Report'). The Progress Report must be submitted using GOCO’s Progress Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. Progress Payments shall not exceed 75% of the Grant. Progress Payments shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. Page 5 of 16 Updated 12/2021 iii. Final Payment. Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project and its completion (‘Final Report’). The Project is ‘complete’ when all improvements or activities included in the GOCO-approved Project scope have been built and are ready for their intended use. The Final Report must be submitted using GOCO’s Final Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO’s review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant (‘Final Payment’), subject to any reductions contemplated by any provision of this Agreement. iv. Waivers of Liens and Claims. GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics’ lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. 11. Net Lottery Proceeds. Payment of the Grant is subject to GOCO’s determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant and that Grantee has complied with this Agreement, including Grantee’s fulfillment of all conditions precedent to funding. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable, including but not limited to adequate reserves, funding requirements, and/or commitments for other past, current, and future grants, and past, current, and future GOCO operating expenses and budgetary needs. 12. GOCO Review. GOCO shall have 30 days to review any progress or final report or other request and respond to Grantee, unless the Grant or portion thereof is for a property acquisition where grant reports are deemed inapplicable. 13. Withdrawal of GOCO Funding; Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: A. Altered Expectations. Facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Project or the Grant presented in the Project Application and described in the Project Summary infeasible or impractical; B. Material Project Changes. Material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application, and reflected in the Project Summary, without prior written approval of the Executive Director or the Executive Director’s designee; C. Inaccuracies. Any statement or representation made or information provided by Grantee in the Project Application, this Agreement, grant report documents, due diligence materials, or otherwise is untrue, inaccurate, or incomplete in any material respect; Page 6 of 16 Updated 12/2021 D. Reporting. Grant reports (if applicable) or due diligence materials (if applicable) are not acceptable to GOCO; E. Conditions Precedent Not Fulfilled or Unsatisfactory. Any of the conditions precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to GOCO, in its sole discretion; F. Delays. The Project will not or cannot be completed by the Completion Date, as defined below, or any extensions granted, or delays in the implementation of the Project have occurred that make the Project impracticable in the Board’s judgment; or G. Costs. The Project will not or cannot be completed within the Budget including such modifications to the Budget as have been approved in writing by GOCO. SECTION 3 – CONDITIONS PRECEDENT 14. Completion Date. Grantee shall complete the Project no later than June 30, 2025 (“Completion Date”). Grantee may request an extension of the Completion Date in compliance with GOCO’s policies and procedures, as such policies and procedures may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the event the Completion Date is not met and/or Grantee fails to comply with GOCO’s extension procedures. 15. Grantee’s Inability to Complete Project. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by GOCO, Grantee will promptly advise GOCO in writing. Upon written request by Grantee, as a possible alternative to termination of the Grant, GOCO may consider funding an alternative project scope. Any alternative scope must meet GOCO eligibility requirements and applicable policies and procedures must be approved by GOCO in writing, and shall be subject to this Agreement and incorporated herein. 16. Conditions Precedent to Funding. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Grant is expressly conditioned upon Grantee’s fulfillment of all terms and conditions of this Agreement to GOCO’s satisfaction in its sole discretion, including but not limited to the following: A. Matching Funds. Matching funds in the minimum amount required by GOCO policy or procedure, or as modified and approved in compliance with GOCO procedures, must have been received by Grantee, or Grantee must have disclosed the status of Grantee’s efforts to secure matching funding to the Staff and such efforts must have been deemed satisfactory by Staff. Grantee shall provide evidence of matching funds as GOCO may require in its reasonable discretion. B. GOCO Policies and Procedures. The Project must comply with all of GOCO’s policies and procedures, which may be amended from time to time by GOCO in its sole Page 7 of 16 Updated 12/2021 discretion, and must meet any special Board conditions as listed in the attached Project Summary (Exhibit A). SECTION 4 – OTHER PROVISIONS 17. Additional Terms for Certain Grants. If the Grant is a stewardship grant, a capital construction grant, and/or a grant that is made to acquire an interest in real property the special terms attached and incorporated as Exhibit D shall apply to the Grant. 18. Publicity and Project Information. GOCO has the right and must be provided the opportunity to use information gained from the Project; therefore, Grantee shall acknowledge GOCO funding in all news releases and other publicity issued by Grantee concerning the Project. If any events are planned in relationship to the Project, GOCO shall be acknowledged as a contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in advance. Grantee shall cooperate with GOCO in preparing public information pieces, providing access to the property for publicity purposes (to the extent allowed by the landowner if the Project entails a conservation easement on a privately-owned property), and providing photos or other imagery of the Project from time to time, which GOCO reserves the right to use and duplicate in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre-approval from Grantee. To the extent practicable, Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly and members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 19. Signage. Grantee shall erect one or more permanent signs at a prominent and visible location approved by GOCO on the Project site identifying the Project to the public and acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. The signage shall be erected unless GOCO approves a waiver requested by the Grantee. GOCO will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible samples of its logo to Grantee for custom signs. GOCO must approve in advance the design of any permanent sign materially varying from the signs provided by GOCO. To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards prior to their placement. 20. Liability. A. Liability. To the extent allowed by law, Grantee shall be responsible for any and all liabilities, claims, demands, damages, or costs (including reasonable attorneys’ fees) resulting from, growing out of, or in any way connected with or incident to Grantee’s performance of this Agreement (with the exception of potential claims between GOCO and Grantee relating to performance of this Agreement). Grantee agrees that GOCO shall not be liable or responsible for any such liabilities resulting from, growing out of, or in any way connected with or incident to Grantee’s performance of this Agreement. Grantee waives any and all rights to any right of contribution from the State of Colorado, GOCO, its members, officers, agents, or employees for Page 8 of 16 Updated 12/2021 any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. B. No CGIA Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to GOCO under the Colorado Governmental Immunity Act as amended or as may be amended in the future (including without limitation any amendments to such statute, or under any similar statute that is subsequently enacted) (“CGIA”). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. GOCO and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of GOCO, its members, officials, agents, and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents, and employees. C. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination; worker safety; local labor preferences; preferred vendor programs; equal employment opportunity; use of competitive bidding; permits; approvals; local, state, and federal regulations and environmental laws; and other similar requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend, and hold harmless GOCO, Executive Director, and Staff from any cost, expense, or liability for any failure to comply with any such applicable requirements. D. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state, or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access to and use of the Project. 21. Audits and Accounting Records. Grantee shall maintain standard financial accounts, documents, and records relating to any expenses incurred for the Project. Grantee shall retain the accounts, documents, and records related to the Project for five years following the date of Project completion (“Record Retention Period”). If there is any pending litigation, claim, or ongoing audit related to the Project that commences before but exceeds the five-year Record Retention Period and GOCO provides notice to Grantee, Grantee shall retain the accounts, documents, and records related to the Project until the litigation, claim, or ongoing audit concludes. The accounts, documents, and records related to the Project shall be subject to examination and audit by GOCO or its designated agent during this period. All accounts, documents, and records described in this paragraph shall be kept in accordance with generally accepted accounting principles. Page 9 of 16 Updated 12/2021 22. Breach. In addition to other remedies that may be provided in this Agreement or that may be available at law or in equity, in the event that Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the following non-exclusive remedies: A. Prior to Payment of Grant. GOCO reserves the right to withdraw funding, terminate this Agreement, and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. B. After Any Payment of Grant. GOCO reserves the right to seek specific performance of Grantee’s obligations under this Agreement; receive reimbursement in full of any disbursements made under the Grant, including if Grantee does not fulfill its obligations to operate, manage, and/or maintain a capital improvement due to lack of annual appropriations (if applicable); and/or deny Grantee eligibility for participation in future GOCO grants, loans, or projects. GOCO has the right to disallow costs and recover funds based on audits, litigation, claims or other review made within the Record Retention Period. In the event GOCO must pursue any remedy under this Agreement and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 23. GOCO Policies and Procedures. Grantee acknowledges it has received a copy of the GOCO policies and procedures or otherwise has access to applicable policies and procedures of GOCO in connection with this Agreement and is familiar with their requirements. 24. Miscellaneous Provisions. A. Good Faith. The parties have an obligation of good faith, including the obligation to make timely communication of information that may reasonably be believed to be of interest to all other parties. B. Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Executive Director or the Executive Director’s designee, who has the sole discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board, or otherwise receives express permission from the Board to act as assignee, and assumes Grantee’s ongoing obligations under this Agreement. C. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state courts of the City and County of Denver. D. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee, or other relationship between the parties other than independent contracting parties. Except as permitted under the remedies provisions of this Page 10 of 16 Updated 12/2021 Agreement, no party shall have the express or implied right to act for, on behalf of, or in the name of any other party. E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer, employee, or agent of GOCO. F. Time is of the Essence. Time is of the essence in this Agreement. G. Survival. The terms and conditions of this Agreement, including but not limited to Grantee’s obligations, shall survive the funding of the Grant and the completion of the Project. H. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. I. Third-Party Beneficiary. GOCO and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between GOCO and Grantee and that no third-party beneficiaries are intended. Notwithstanding the preceding statement, GOCO and Grantee acknowledge that: (1) GOCO is intended to be and is a third-party beneficiary of any real property covenants and terms of any use restriction and real property interest in any use restriction that GOCO funds and (2) in some circumstances a third party may benefit from this Agreement if the Grantee assigns the Project or if a third party will hold a use restriction. J. Notice. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give shall be in writing and shall be deemed to have been given to the other party when (a) hand-delivered; (b) sent by e-mail to the e-mail address listed on Page 1 of this Agreement (with a copy of such notice delivered by hand or deposited in the United States mail (registered or certified mail, postage prepaid, return receipt requested) or by reputable delivery service (return receipt or delivery tracking requested)); or (c) sent by a nationally-recognized overnight courier service to the street address listed on Page 1 of this Agreement. K. Construction; Severability. The parties have reviewed this Agreement, and therefore any rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. If any provision of this Agreement is declared void or unenforceable, it shall be deemed severed from this Agreement, and the balance of this Agreement shall otherwise remain in full force and effect. L. Entire Agreement. Except as expressly provided, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Page 11 of 16 Updated 12/2021 Agreement shall be binding upon the parties. No changes to this Agreement shall be valid unless made in writing and signed by the parties to this Agreement. M. Termination of the Board. If Article XXVII of the Colorado Constitution, which established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but, in the absence of such direction, by the Colorado Department of Natural Resources or its successor. Page 12 of 16 Updated 12/2021 IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of _________________. STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND By: By: \s3\ \s1\ Jackie Miller Title: Executive Director Name: \ Title: t1\ GOCO Program Staff: Route Grant Agreement to Executive Director for signature: Name: Leah Kahler Title: Grants Officer Page 13 of 16 Updated 12/2021 EXHIBIT A Project Summary Funding will help the Town of Avon, in partnership with the Generation Wild coalition Eagle Valley Outdoor Movement (EVOM), plan and transform Eaglebend Pocket Park, an underutilized park with aging equipment and little shade. The upgraded park will expand outdoor recreation opportunities for the local community, including many young families living at the nearby Eaglebend Apartments, which hosts 240 affordable workforce housing units. The transformation of this central community asset will focus on inclusiveness, equitable access, and sustainable design. EVOM will lead a community-centered design process including bilingual surveys and meetings, door-to-door interviews in the surrounding neighborhood, and youth engagement. Residents will redesign and rename the park to better activate the space and meet the needs of the nearby community. Once the outreach and design process are complete, remaining GOCO funds will be leveraged with local cash and in-kind support to build the new park space aligned with the community's vision. While the design is far from finalized, the town imagines opportunities for updated playground equipment, water-smart irrigation, shade structures, benches, and climate-adapted landscaping. The park is expected to be reopened to the public in the fall of 2024. Page 14 of 16 Updated 12/2021 EXHIBIT B Resolution I\ Avon RESOLUTION 23-02 RESOLUTION AUT HORIZING AND SUPPORTING A COMMUMITY IMPACT GRANT APPLIC4TION TO GREAT OUTDOORS COLORADO FOR THE EAGLEBEND POCKET PARK TRANSFORMATION PROJECT WHEREAS, the Town of Avon ("Town") is a political subdivision of the State of Colorado, and therefore an eligible applicant for the community impact grant program offered by Great Outdoors Colorado ("GOCO"); and WHEREAS, Great Outdoors Colorado invests a portion of Colorado Lottery proceeds to help preserve and enhance the state's parks, trails, wildlife, rivers and open spaces awarding competitive grants to local governments and land trusts and makes investments through Colorado Parks and Wildlife; ahd I WHEREAS, the Town will undertake a neighborhood visioning process partnering with Eagle Valley Outdoor Movement ("EVOM") to engage the East Avon neighborhood to help design and provide ideas about reinventing the Eaglebend Pocket Park; this process helps the project align with the GOCO program values that would create "equitable recreational access, youth connections, and community vitality" in the neighborhood; and WHEREAS, the Town is highly committed to transforming Eaglebend Pocket Park, an underutilized and outdated park and tum it into a vibrant community asset with new and updated park equip ment, amenities and services for the residents of Avon; and WHEREAS, the Town has been invited by GOCO Program Officer to submit a Community Impact Fund Grant Application, after havi ng received a favorable review of the town's concept paper, to request a total of$375K in GOCO funding with a Town of Avon cash match of $175K and in-kind services of $45K for the design and construction of the Pocket Park; and WHEREAS, the Avon Town Council finds that the Eaglebend Pocket Park Transformation Project will promote the health, safety and general welfare of the Avon community. NOW, THEREFORE, BE IT RES OLVED BY THE TOWN OF AVON, COLORADO, THAT: Section 1. The above recitals are hereby incorporated as findings by the Town. Section 2. The Town Council of the Town of Avon supports the Community Impact Fund Grant Application and will authorize the expenditure of funds necessary to meet the terms and obligations of any grant awarded pursuant to a Grant Agreement with GOCO. Resolution No. 23-02 February 28, 2023 Page I of2 Page 15 of 16 Updated 12/2021 EXHIBIT C Approved Budget Date Secured GOCO Funds Matching Funds $375,000.00 1-Jun $175,000.00 1-Jan $45,000.00 subtotal $375,000.00 $220,000.00 TOTAL SOURCE OF FUNDS $595,000.00 Use of Funds (CASH)GOCO Funds Matching Funds Total Funding Public Outreach TBD $25,000.00 $0.00 $25,000.00 Design TBD $30,000.00 $0.00 $30,000.00 Construction TBD $110,000.00 $10,000.00 $120,000.00 Irrigation TBD $35,000.00 $0.00 $35,000.00 Park Equipment TBD $100,000.00 $0.00 $100,000.00 TBD $0.00 $75,000.00 $75,000.00 TBD $0.00 $10,000.00 $10,000.00 TBD water fountain / water bottle station $25,000.00 $0.00 $25,000.00 TBD Signage TBD $0.00 $40,000.00 $40,000.00 Park Amenities - TBD $50,000.00 $25,000.00 $75,000.00 Contingency $15,000.00 $15,000.00 subtotal $375,000.00 $175,000.00 $550,000.00 Use of Funds (IN-KIND)Matching Funds Construction Town of Avon $45,000.00 subtotal $45,000.00 GOCO Funds Matching Funds subtotal $375,000.00 $220,000.00 $595,000.00 contingency at 4% of the total budget * The Total Use of Funds must equal the Total Source of Funds in the section above. TOTAL USE OF FUNDS* Final design/drawings bi-lingual signage (English-Spanish) playground equipment picnic structures and benches bike rack Improve irrigation system enhancing water conservation efforts Description project management / construction Description Site work and prep for new equipment and irrigation Contract services for public outreach TBD PROJECT BUDGET & DETAILS APPLICATION SCOPE OF WORK Source of Funds (CASH) Town of Avon, Colorado Source of Funds (IN-KIND) Town of Avon, Colorado 1 Page 16 of 16 Updated 12/2021 EXHIBIT D Special Terms: Capital Construction Grant 1. Property Ownership. All properties on which GOCO-funded projects are located must be owned by, under the control of, or have been granted access to by the Grantee for the useful life of the Project (the “Property”). If Grantee does not own the Property on which the Project is to be located, Exhibit D between Grantee and the Property’s owner continues in effect and unmodified throughout the term of this Agreement. 2. Project Operation and Maintenance. A. Subject to annual appropriations, Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for the purposes specified and for the useful life of the Project, or a minimum of 15 years, in accordance with product warranties and/or the generally accepted standards in the parks/recreation community. Grantee also shall provide and maintain access to the Project and to the Property, regardless of the Property’s ownership. Failure to comply with this paragraph may be deemed a breach by Grantee under Paragraph 22. B. GOCO shall not be liable for any cost of maintenance, management, or operation of the Project. C. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with adequate records reflecting the operating and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project. D. Grantee’s staff shall request during the Grantee’s annual budget process an appropriation sufficient to meet the financial obligations of Grantee under this Agreement. Grantee will use its best efforts to fully consider such appropriation. The parties understand that the Board is relying upon fair and full consideration of annual appropriation in its decision to extend its resources and the Grant and to enter into this Agreement. In the event that Grantee fails to appropriate sufficient funds to meet the obligations of this Agreement, Grantee shall provide notice to the Board of the specific reason(s) for any decision not to appropriate funding. Grantee’s staff shall notify the Board of any recommendation not to fund or to partially fund the annual appropriation necessary to fulfill Grantee’s obligations under this Agreement. 3. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable public access to the Project for the useful life of the Project. Grantee may temporarily close such public access for construction, maintenance, emergency situations, or other reasonable purposes. 4. Insurance. Grantee shall maintain general liability insurance or self-insure for the entire period of the Project for protection in the event of injury and/or damage. The insurance limits shall not be less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate. If the Grantee contracts with another organization to complete the Project, it is the responsibility of the Grantee to ensure its contractor carries insurance that fulfills this requirement.