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TC Council Packet 07-14-2015 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JULY 14, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS MAYOR JENNIE FANCHER MAYOR PRO TEM JAKE WOLF COUNCILORS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2) REGULAR MEETING BEGINS AT 5:05 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. ACTION ITEMS 4.1. PUBLIC HEARING AMPLIFIED SOUND PERMIT A PPLICATION FOR WALKING MOUNTAINS SCIENCE CENTER (TOWN CLERK DEBBIE HOPPE) 4.2. MINUTES FROM JUNE 23, 2015 MEETING (DEPUTY TOWN CLERK RICHELLE CURRAN) 5. WORK SESSION 5.1. REVIEW AND FINALIZATION OF COMMUNITY SURVEY QUESTIONS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. CREATIVE ARTS DISTRICT UPDATE – MAYOR PRO TEM JAKE WOLF 6.2. AVON PERFORMANCE PAVILION UPDATE – M AYOR PRO TEM JAKE WOLF 7. MAYOR & COUNCIL COMMENTS 8. WRITTEN REPORTS 8.1. URBAN RENEWAL AUTHORITY (URA) LEGISLATION UPDATE AND RECOMMENDATION (TOWN ATTORNEY ERIC HEIL) 8.2. METCALF ROAD BIKE CLIMBING LANE U PDATE (TOWN ENGINEER JUSTIN HILDRETH) 9. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC) 9.1. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6- 402(2)(B) CONCERNING THE MOUNTAIN STAR WATER STORAGE TANK. 9.2. CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6- 402(2)(B) AND FOR DISCUSSION OF A PERSONNEL MATTER UNDER C.R.S. §24-6-402(2)(F) CONCERNING THE TOWN MANAGER. 11. ADJOURNMENT _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 1 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JULY 14, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING FOR NEW RESORT COMPLEX LICENSE 4.1. APPLICANT NAME: WVO LICENSING, INC. D/B/A WYNDHAM BEAVER CREEK RESORT LOCATION: 75 BENCHMARK ROAD TYPE: RESORT COMPLEX LICENSE MANAGER: PATRICIA JANSSENS ACTION: RESOLUTION NO. 15-02, SERIES OF 2015 5. PUBLIC HEARING SPECIAL EVENT LICENSE 5.1. APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY EVENT NAME: AVON COMMUNITY CONCERT SERIES EVENT DATES: AUGUST 5, 12 & 19, 2015; 4:00 P.M. UNTIL 10:00 P.M. LOCATION: NOTTINGHAM PARK CONCERT PAVILION EVENT MANAGER: CHAR GONSENICA PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 6. MINUTES FROM JUNE 23, 2015 7. ADJOURNMENT _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 2 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 23, 2015 AVON TOWN HALL, ONE LAKE STREET 1.CALL TO ORDER AND ROLL CALL Chairman Fancher called the meeting to order at 5:42 p.m. A roll call was taken and Board members present were Jake Wolf, Sarah Smith Hymes, Scott Prince, Megan Burch and Buz Reynolds. Matt Gennett absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Deputy Town Clerk Richelle Elyse Curran, as well as members from the public. 2.APPROVAL OF AGENDA There were no changes to the agenda. 3.PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments made. 4.PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1.APPLICANT NAME: BRIGHT FUTURE FOUNDATION EVENT NAME: FLAVORS OF COLORADO EVENT DATES: JULY 24 TO 26, 2015; 7:00 AM UNTIL 11:59 PM LOCATION: NOTTINGHAM PARK CONCERT PAVILION & TOA TOWN HALL WEST PARKING LOT (LIQUOR STORAGE ONLY) EVENT MANAGER: KATIE TILLIE PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR The application was presented by Katie Tillie. Board member Reynolds moved to approve the Flavors of Colorado Special Event Permit; Vice Chairman Wolf seconded the motion and it passed unanimously with those present. Board member Gennett was absent. 4.2.APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY EVENT NAME: DANCING IN THE PARK EVENT DATE: JULY 29, 2015; 3:00 PM UNTIL 9:00 PM LOCATION: NOTTINGHAM PARK CONCERT PAVILION EVENT MANAGER: CHAR GONSENICA PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR The application was presented by Char Gonsenica. Vice Chairman Wolf moved to approve the Dancing in the Park Special Event Permit; Board member Burch seconded the motion and it passed unanimously with those present. Board member Gennett was absent. LA 06-23-2015 Minutes.docx Page 1 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 23, 2015 AVON TOWN HALL, ONE LAKE STREET 4.3.APPLICANT NAME: EDUCATION FOUNDATION OF EAGLE COUNTY EVENT NAME: TASTE OF NATURE GALA EVENT DATES: JULY 7, 2015 LOCATION: WALKING MOUNTAINS SCIENCE CENTER EVENT MANAGER: MARKIAN FEDUSCHAK PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR The application was presented with no concerns. Board member Reynolds moved to approve the Taste of Nature Gala; and Board member Smith Hymes seconded the motion and it passed unanimously with those present. Board member Gennett was absent. Vice Chairman Wolf and Board member Prince recused themselves. Board member Gennett arrived at 5:51 p.m. 5.RENEWAL OF LIQUOR LICENSES 5.1.APPLICANT: Y&Z, INC. D/B/A NOZAWA SUSHI & KITCHEN LOCATION: 240 CHAPEL PLACE TYPE: HOTEL & RESTAURANT MANAGER: JENNIFER BROSCH The application was presented by Jennifer Brosh. Vice Chairman Wolf moved to approve the Y&Z, Inc d/b/a Nozawa Sushi & Kitchen; and Board member Smith Hymes seconded the motion and it passed unanimously with those present. 6.MINUTES FROM JUNE 9, 2015 Board member Reynolds moved to approve the Minutes from June 9, 2015; Board member Gennett seconded the motion and it passed unanimously with those present. 7. Adjournment There being no further business to come before the Board, the meeting adjourned at 5:55 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Richelle Elyse Curran, Deputy Town Clerk APPROVED: Jennie Fancher ______________________________________ Jake Wolf ______________________________________ Matt Gennett ______________________________________ Megan Burch ______________________________________ Albert “Buz” Reynolds ______________________________________ Scott Prince ______________________________________ Sarah Smith Hymes ______________________________________ LA 06-23-2015 Minutes.docx Page 2 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JUNE 23, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 6:05 p.m. A roll call was taken and Council members present were Scott Prince, Buz Reynolds, Sarah Smith Hymes, Megan Burch, Matt Gennett and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Deputy Town Clerk Richelle Elyse Curran, as well as members from the public. 2. APPROVAL OF AGENDA Mayor Fancher adopted the following two Executive Session items 11.2 and 11.3 to the Agenda, and Council agreed to the change. 11.2 Meet with the Town Attorney for the purpose of receiving legal advice concerning the water storage tank for the Village at Avon C.R.S. §24-6-402b. 11.3 Meet with the Town Attorney for the purpose of receiving legal advice concerning a funding request from Bright Future Foundation C.R.S. §24-6-402b. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA Michael Cacioppo, Jonathon Levin, Charlie Pinwheel, Dan Smith, Kathy Ryan and Melanie Henan commented. 4. CONSENT AGENDA 4.1. APPROVAL OF TOWN OF AVON AND BRAZOS E-CITATIONS AGREEMENT (CHIEF BOB TICER) 4.2. APPROVAL OF PURCHASE A GREEMENT FOR TRANSIT BUS (TRANSIT SUPERINTENDENT JANE BURDEN) 4.3. APPROVAL OF TOWN COUNCIL MINUTES FOR THE MEETINGS OF JUNE 3RD & 9TH, 2015 (TOWN CLERK DEBBIE HOPPE) Councilor Gennett moved to approve the Consent Agenda as submitted; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. 5. WORK SESSION 5.1 AVON TRANSIT SERVICES – OBJECTIVES, ROUTES & R IDERSHIP (TRANSIT SUPERINTENDENT JANE BURDEN) Avon Council Meeting 06-23-2015 Minutes.doc Page 1 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JUNE 23, 2015 AVON TOWN HALL, ONE LAKE STREET 6. ACTION ITEMS 6.1. ACTION ON REQUEST FOR F UNDING OF A SUMMER DINNER BUS SERVICE JULY 1ST - AUGUST 31ST (TRANSIT SUPERINTENDENT JANE BURDEN) Mayor Fancher requested to continue and give Transit Manager Jane Burden direction for the summer of 2016. No motion was made. 6.2. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR XTERRA TRIATHLON (TOWN CLERK DEBBIE HOPPE) Mayor Fancher opened the Public Hearing, no comments were made. Councilor Prince moved to approve Amplified Sound Permit Application for XTERRA TRIATHLON; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Burch was not present during the motion. 6.3. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR BEC TRI SPRINT TRIATHLON (TOWN CLERK DEBBIE HOPPE) Mayor Fancher opened the Public Hearing, no comments were made. Councilor Prince moved to approve Amplified Sound Permit Application for BEC TRI SPRINT TRIATHLON; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Burch was not present during the motion. 6.4. CONTINUED FIRST READING OF ORDINANCE NO. 15-05, SERIES OF 2015, AN ORDINANCE AMENDING THE TOWN CODE OF ETHICS (TOWN ATTORNEY ERIC HEIL) Councilor Sarah Hymes moved to approve the First Reading of Ordinance No. 15-05, Series of 2015 Option 2; Councilor Gennett seconded the motion and it passed unanimously by those present. 7. WORK SESSION 7.1 UPDATE ON DISC GOLF, LAKE WATER QUALITY MEASUREMENT, SUMMER ACTIVITY PASSPORT & PICKLE BALL COURT (DIRECTOR OF RECREATION JOHN CURUTCHET) 7.2 2016-2017 BUDGET CALENDAR (BUDGET ANALYST KELLY HUITT) 7.3 REVIEW AND DIRECTION REGARDING HISTORIC STRUCTURES (PLANNING MANAGER MATT PIELSTICKER) 7.3.1 NOTTINGHAM BLACKSMITH SHOP AT 2000 HURD LANE 7.3.2 HAHNEWALD BUILDING STATUS AT 950 WEST BEAVER CREEK BOULEVARD 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9. MAYOR & COUNCIL COMMENTS 10. WRITTEN REPORTS Avon Council Meeting 06-23-2015 Minutes.doc Page 2 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JUNE 23, 2015 AVON TOWN HALL, ONE LAKE STREET 10.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 11. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC) 11.1. MEET WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING A WATER STORAGE TANK FOR THE MOUNTAIN STAR PUD DEVELOPMENT PURSUANT TO C.R.S. §24-6 -402(B). The time was 9:20 p.m. Mayor Fancher moved to meet in Executive Session for the purpose of items 11.1, 11.2, and 11.3: 11.1 Meet with the Town Attorney for the purpose of receiving legal advice concerning a water storage tank for the Mountain Star PUD Development pursuant to C.R.S. §24-6 -402(B). 11.2 Meet with the Town Attorney for the purpose of receiving legal advice concerning the water storage tank for the Village at Avon C.R.S. §24-6-402b. 11.3 Meet with the Town Attorney for the purpose of receiving legal advice concerning a funding request from Bright Future Foundation C.R.S. §24-6-402b. Mayor Fancher made a motion to adjourn the Executive Session at 10:51 p.m.; Councilor Reynolds seconded the motion and it passed unanimously by those present. 12. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:19 p.m. RESPECTFULLY SUBMITTED: _________________________________ Richelle Elyse Curran, Deputy Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Avon Council Meeting 06-23-2015 Minutes.doc Page 3 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: July 14, 2014 Agenda Topic: Review and Finalization of Community Survey Questions & Survey Distribution Method SUMMARY: The Town of Avon is conducting a community survey this summer to gauge citizen and business opinion regarding the direction of the Town, its services and activities, and vision for future development for living and working in Avon. Research & Polling, Inc. (RPI) was selected as the consultant group to design and conduct the survey. SURVEY INSTRUMENT: As part of the survey design process, residents and businesses were invited to engage with each other in conversation about which topics should be considered in the survey. A series of open houses and a Town hall forum were hosted and moderated by staff from RPI on June 22, 2015. In addition, a joint work session with Council members and Planning & Zoning Commissioners took place on the evening of June 22nd. Residents, second homeowners and business representatives attended these sessions and offered their ideas, suggestions, and input and identified their concerns. From the input received on June 22nd, RPI has developed questions for the survey instrument, subject to direction and approval from the Council. DISTRIBUTION METHOD: The mail survey, with online completion option, will be distributed to all residential households and businesses in Avon on Thursday, July 30th. RPI has proposed two approaches for handling the survey mailing. Option 1: The first approach is to mail to all property owners via the County Assessors list. RPI would mail to those people who own their primary home in Avon as well as those who own second homes/investment properties based upon their mailing addresses. RPI would then match up the property owner data base with the registered voter file to find many of the renters. They would also match it up against the business owner list to add business owners as well. The biggest disadvantage of this approach is that they will inevitably miss many of the renters, who are non-registered voters, especially the immigrants. This problem could be mitigated by “lit dropping” the questionnaires in places like the Aspens Mobile Home Village, although quality control would be affected if this approach is pursued. To summarize, in this option many renters would be excluded who cannot be reached due to list issues, but RPI would have a tighter control of the eligible population who will receive the questionnaire. Option 2: The second approach is to place a mail packet in every PO Box at the Town of Avon Post Office. The Post Office offers a program enabling the insertion of a mail packet in every PO Box at the Post Office. Every resident of Avon gets a free PO Box at the Post Office. The advantage of this approach is that the survey would reach most of the renters and immigrants as well as property owners living in Avon. The biggest disadvantage is that residents of Eagle-Vail and some other places also receive their mail at the Avon Post Office. There is no way to exclude the non-residents from the mailing, however, it could be made clear in the letter that the questionnaire should only be filled out by people who are property owners or residents in Avon. Non-qualified respondents could be excluded based upon their responses to the residency questions in the survey. Under this approach, RPI would also do a separate mailing to the property owners who live outside of Avon (via the County Assessor list), since their mail will not be forwarded under this postal program. To summarize, in this option a bigger net would be cast (6,111 P.O. Boxes), which would make it difficult for RPI to calculate a response rate since they would not know how many ineligible respondents tossed the mailing. However, it is expected that the number of completed surveys would increase. This approach will enable more renters to have an opportunity to respond to the survey. REMAINING SCHEDULE: The remaining timeline for completion of the 2015 Town of Avon Community Survey is provided below: July 14, 2015 Review and Finalization of Survey Instrument & Distribution Method July 30, 2015 Surveys Distributed August 30, 2015 Survey Return Deadline September 16, 2015 Draft Report Due September 22, 2015 Presentation of Draft Report to Town Council September 29, 2015 Final Report Delivered REQUESTED DIRECTION: Council direction is requested on the survey questions drafted and submitted by RPI as well as the approach for handling the mailing that will be disseminated to respondents. ATTACHMENT: Town of Avon Community Survey Questions TOWN OF AVON COMMUNITY SURVEY JULY 2015 FOURTH DRAFT n = TBD The Town of Avon is conducting a community survey among residents and property owners to assess community satisfaction with area services and to help plan for the future. Your opinions are very important and we greatly appreciate your time and participation. 1. Generally, would you say that things in the Town of Avon are heading in the right direction or do you feel things are heading in the wrong direction? 1. Right direction 2. Wrong direction 3. Don’t know 2. Overall, how would you rate the overall quality of life in Avon using a 5-point scale, where 5 is excellent and 1 is very poor? Very Excellent Poor Don’t Know 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 3. What do you feel are the most important issues or concerns that will be facing the Town of Avon over the next five years? (Verbatim comments) 4. How would you rate the relations between people of different cultures and ethnic backgrounds in the Town of Avon using a 5-point scale where 5 is excellent and 1 is very poor? Very Excellent Poor Don’t Know 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 Please rate your overall satisfaction with the following services provided by the Town of Avon using a 5-point scale where 5 is very satisfied and 1 is very dissatisfied. Very Very Satisfied Dissatisfied Don’t Know 5. Road/street maintenance .............................................. 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 6. Park maintenance .......................................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 7. Snow removal on roads ................................................. 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 8. Ease and safety of walking in Town ............................. 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 9. Ease and safety of biking in Town ............................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 10. Recreation facilities ....................................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 11. Recreation programs provided by the Town .................................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 12. The free bus service provided within the Town .......... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 RESEARCH & POLLING, INC. Town of Avon Community Survey – July 2015 Page 2 ____________________________________________________________________________________________________________ 13. Using 5 point scale where 5 is very satisfied and 1 is very dissatisfied, please rate you overall satisfaction with the recreational activities and features at Nottingham Park and Lake. Very Very Don't Know Satisfied Dissatisfied 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 14. Do you have any comments or suggestions relating to the recreational activities and features at Nottingham Park and the Lake? (VERBATIM COMMENTS) 15. Please rate your overall satisfaction with the Police Services in the Town of Avon using a 5 point scale where 5 is very satisfied and 1 is not at all satisfied. Very Very Satisfied Dissatisfied Don’t Know 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 16. Overall, how safe do you feel in your neighborhood? Please use a 5-point scale where 5 is very safe and 1 is very unsafe. Very Very Safe Unsafe Don’t Know 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 17. Do you believe there is too much police patrol, too little police patrol, or the right amount of police patrol within the commercial, shopping and dining center of Avon? 1. Too much police patrol 2. Too little police patrol 3. The right amount of police patrol 4. Don’t know 18. Do you believe there is too much police patrol, too little police patrol, or the right amount of police patrol outside of the center area of Town? 1. Too much police patrol 2. Too little police patrol 3. The right amount of police patrol 4. Don’t know RESEARCH & POLLING, INC. Town of Avon Community Survey – July 2015 Page 3 ____________________________________________________________________________________________________________ 19. Do you have any comments or suggestions relating to the different services that are provided by the Town of Avon? (Verbatim comments) Please rate how much of a priority you feel the following items are for improving the quality of life in Avon, using a 5-point scale where 5 is high priority and 1 is a very low priority. High Very Low Priority Priority Don’t Know 20. An elevated walkway over Avon Rd that connects East and West Avon ...................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 21. Providing more parking spaces in the commercial areas of Town including Nottingham Park/Lake ......... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 22. More public bathrooms around Nottingham Park/Lake ................................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 23. Better connections for sidewalks ................................. 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 24. Better connections for biking/multi-use paths ........... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 25. A convention/community center with meeting spaces for year round events ....................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 26. Expanding the Recreation Center to include a gymnasium/field house ............................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 27. Increased/improved bus routes for Avon’s free bus service .............................................................. 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 28. Building one or more parking structures in town ................................................................................. 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 29. Do you feel there is enough parking in your neighborhood or is more parking needed? 1. Yes, there is enough parking in my neighborhood 2. No, more parking is needed 3. Don’t know 30. How do you currently receive information from the Town government regarding issues and activities in the community? (CHECK ALL THE APPLY) 01. Newspaper 02. Television (Public Access Channel 5) 03. Email blasts 04. Social media (Twitter, Facebook) RESEARCH & POLLING, INC. Town of Avon Community Survey – July 2015 Page 4 ____________________________________________________________________________________________________________ 05. Town website 06. Community town hall/meetings 99. Don’t know Other (Please specify) ________________________________________________ 31. How would you prefer to receive information from Town government? (CHECK ALL THE APPLY) 01. Newspaper 02. Television (Public Access Channel 5) 03. Email blasts 04. Social media (Twitter, Facebook) 05. Town website 06. Community town hall/meetings 07. Direct mail 99. Don’t know Other (Please specify) ________________________________________________ 32. Overall, how much of a problem do you believe it is for Avon workers to rent housing that is affordable within the Town of Avon? Very Serious No Problem Problem At All Don’t Know 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 33. Overall, how much of a problem do you believe it is for Avon workers to purchase housing that is affordable within the Town of Avon? Very Serious No Problem Problem At All Don’t Know 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 34. Do you agree or disagree that the Town of Avon should focus on more public/private partnerships in order to offer housing options that would allow current renters the ability to purchase a home. Strongly Strongly Agree Disagree Don’t Know 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 35. Thinking about future growth and development In Avon, which would you prefer..… 1. That Avon develop with more focus as being an upscale resort town OR 2. That Avon develop as a resort community with more focus on local family and workers 3. Both 4. Neither 5. Don’t know RESEARCH & POLLING, INC. Town of Avon Community Survey – July 2015 Page 5 ____________________________________________________________________________________________________________ 36. How concerned are you about the number of short term rental properties (such as those found on VRBO, FlipKey, Airbnb, etc.) in the Town of Avon? Very Not Concerned Concerned At All Don’t Know 5 ....................... 4 ........................... 3 .......................... 2 .......................... 1 .............................. 6 37. Do you believe the City of Avon should take measures to more strictly control and limit the number of short term rentals in Avon? 1. Yes 2. No 3. Depends 4. Don’t know 38. Do you feel that new commercial and residential developments in Avon should be required to have a standard design or style or do you believe that builders should be allowed to propose different types of designs and styles for new construction. 1. New buildings should be required to have a standard design and style 2. Builders should be allowed to propose different designs and styles 3. Don’t know RESEARCH & POLLING, INC. Town of Avon Community Survey – July 2015 Page 6 ____________________________________________________________________________________________________________ Please rate how much you think each of the following types of businesses and services are needed in the Town of Avon using a 5-point scale, where 5 is seriously needed and 1 is not needed at all. Seriously Not Needed Needed At All Don’t Know 39. More fine dining options ............................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 40. A greater variety of retail shops ................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 41. More art galleries ........................................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 42. A local brewery/brewpub ............................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 43. More casual dining options........................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 44. Deli/specialty food store ................................................ 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 45. More trade services (plumbing, electrical, HVAC, construction, etc.) .............................................. 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 46. Marijuana dispensary .................................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 47. More health care services & facilities (primary care, outpatient surgery, imaging services) ........................................................... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 48. A higher-end grocery store such as Whole Foods ..... 5 .......... 4 .......... 3 .......... 2 .......... 1 .................... 6 THANK YOU FOR YOUR PATIENCE; WE ARE ALMOST DONE. NOW, I WOULD LIKE TO ASK SOME QUESTIONS FOR STATISTICAL PURPOSES ONLY. 49. Which of the following best describes you? 1. Full-time resident living in Avon 2. Part-time resident living in Avon 3. Do not live in Avon (either full or part-time) 4. Won’t say 50. Do you… 1. Own a primary home in Avon 2. Own a second home in Avon 3. Renter (in or outside of Town)/do not own home in Avon 4. Won’t say 51. Which of the following best describes your current work status? 1. Work in Avon 2. Work outside of Avon 3. Not in workforce/retired 4. W on’t say RESEARCH & POLLING, INC. Town of Avon Community Survey – July 2015 Page 7 ____________________________________________________________________________________________________________ 52. How long have you lived or owned property in Avon? (Please select whichever is the longest) _______________ years 53. Do you own or manage a business in Avon? 1. Yes 2. No 3. Won’t say 54. Into which age category do you fit? 1. 18 to 34 years 2. 35 to 49 years 3. 50 to 64 years 4. 65 years or older 5. Won't say 55. Which of the following categories best describes your total household income? 1. Less than $20,000 2. $20,000 to $39,999 3. $40,000 to $59,999 4. $60,000 to $79,999 5. $80,000 to $99,999 6. $100,000 to $149,000 7. $150,000 or over 8. Won't say 56. Do you consider yourself to be: 1. Hispanic 2. Anglo/Caucasian 3. Black/African-American 4. Native American Indian 5. Or of other descent? 6. Won't say 57. Are you a registered voter in Avon? 1. Yes 2. No 3. Won't say 58. Do you have any children under the age of 18? 1. Yes 2. No 3. Won't say RESEARCH & POLLING, INC. Town of Avon Community Survey – July 2015 Page 8 ____________________________________________________________________________________________________________ 59. Which of the following areas of town do you live in? 1. East Commercial Core 2. West Commercial Core 3. Nottingham Park Area 4. Aspens Mobile Home Village 5. Nottingham Road Area 6. Wildridge/Wildwood/Mountain Star 7. Eaglebend Neighborhood 99 Other (Specify) _______________ Would you like to be included on the email list the Town of Avon uses to communicate with residents about issues and events in the Town? If yes, please provide your email address. Email address_________________________________________________________ THIS CONCLUDES OUR SURVEY. THANK YOU FOR YOUR TIME. RESEARCH & POLLING, INC.   Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members (serving as the Avon Urban Renewal Authority Board of Directors) FROM: Eric J. Heil, Town Attorney, as attorney to the Avon URA RE: HB 15-1348 DATE: July 9, 2015 Summary: House Bill 15-1348 was adopted during this last Colorado legislative session which modified urban renewal authority tax increment financing provisions to promote equitable revenue sharing. A copy of the bill is attached to this memorandum. HB 15-1348 does not take effect until January 1, 2016 and only applies to new or amended Urban Renewal Authority Plan Areas adopted after January 1, 2016. HB 15- 1348 is not intended to affect existing urban plan areas (i.e. the West Avon URA Plan area). New Requirements: HB 15-1348 creates several new requirements and processes, which are highlighted as follows: • 3 new members must be added to the Board of Directors, including a (1) County representative, (2) a School District representative, and (3) a representative of all other Special District taxing entities. • A new process is established that requires Urban Renewal Plans to submitted to the other affected taxing entities, then requires the Avon URA to reach agreement on revenue and cost sharing with other affected taxing entities or to submit the question of revenue/cost sharing to a mediator. There are some details of HB 15-1348 concerning application and implementation that are not entirely clear. The Colorado Municipal League has expressed interest in follow-up legislation to further clarify certain areas of HB 15-1348; however, any such legislation would not be effective until the middle of next year. There is nothing in HB 15-1348 that prohibits the Avon Urban Renewal Authority from working directly with other interested taxing jurisdictions to identify and define details related to implementing HB 15-1348. Specific issues include: • Confirmation that the existing West Avon URA Plan area and tax increment financing can continue as approved for its remaining duration (approximately 15 years). • Whether the addition of 3 new members to the Board of Directors is required for the existing West Avon URA Plan area. • The type of information desired by other taxing entities for new or modified URA Plan areas. • The process for selecting a mediator if agreement on revenue sharing for any new or modified URA Plan area is not obtained with the statutory time-frame. Requested Action: No action is requested by the Board of Directors of the Avon Urban Renewal Authority. Avon URA Staff will seek to work directly with Eagle County and other taxing entities with regard to implementing HB 15-1348 in Avon. Additional updates will be provided to the Avon URA Board during the remainder of 2015. Thank you, Eric M EMORANDUM & PLANNING, LLC HOUSE BILL 15-1348 BY REPRESENTATIVE(S) Hullinghorst and Lawrence, Brown, Buck, Conti, Coram, DelGrosso, Dore, Ginal, Wilson, Becker J., Becker K., Kagan, Roupe, Van Winkle, Danielson, Mitsch Bush, Ryden, Tyler, Vigil; also SENATOR(S) Heath and Balmer, Grantham, Kefalas, Marble, Merrifield, Sonnenberg, Guzman, Neville T. CONCERNING MODIFICATIONS TO STATUTORY PROVISIONS GOVERNING URBAN REDEVELOPMENT TO PROMOTE THE EQUITABLE FINANCIAL CONTRIBUTION AMONG AFFECTED PUBLIC BODIES IN CONNECTION WITH URBAN REDEVELOPMENT PROJECTS ALLOCATING TAX REVENUES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 31-25-104, amend (2) (a) and (2) (b); and add (2.5) as follows: 31-25-104. Urban renewal authority. (2) (a) (I) EXCEPT AS PROVIDED IN SUBSECTION (2.5) OF THIS SECTION, an authority shall consist CONSISTS of any odd number of THIRTEEN commissioners, which shall be not less than five nor more than eleven each NOT FEWER THAN TEN of whom shall MUST be appointed by the mayor, who shall designate the chairman CHAIRPERSON for the first year. Such IN ORDER TO REPRESENT NOTE: This bill has been prepared for the signatures of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. ________ Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. THE COLLECTIVE INTERESTS OF THE COUNTY AND ALL TAXING BODIES LEVYING A MILL LEVY IN ONE OR MORE URBAN RENEWAL AREAS MANAGED BY THE AUTHORITY, REFERRED TO IN THIS PART 1 AS AN URBAN RENEWAL AUTHORITY AREA, OTHER THAN THE MUNICIPALITY, ONE SUCH COMMISSIONER ON THE AUTHORITY MUST BE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE TERRITORIAL BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA ARE LOCATED, ONE SUCH COMMISSIONER MUST ALSO BE A BOARD MEMBER OF A SPECIAL DISTRICT SELECTED BY AGREEMENT OF THE SPECIAL DISTRICTS LEVYING A MILL LEVY WITHIN THE BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA, AND ONE COMMISSIONER MUST ALSO BE AN ELECTED MEMBER OF A BOARD OF EDUCATION OF A SCHOOL DISTRICT LEVYING A MILL LEVY WITHIN THE BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA. IF THE URBAN RENEWAL AUTHORITY AREA IS LOCATED WITHIN THE BOUNDARIES OF MORE THAN ONE COUNTY, THE APPOINTMENT IS MADE BY AGREEMENT OF ALL OF THE COUNTIES IN WHICH THE BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA ARE LOCATED. (II) IF NO COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT APPOINTS A COMMISSIONER TO THE AUTHORITY, THEN THE COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT APPOINTMENT REMAINS VACANT UNTIL SUCH TIME AS THE APPLICABLE APPOINTING AUTHORITY MAKES THE APPOINTMENT PURSUANT TO THIS PARAGRAPH (a). (III) IF THE APPOINTING COUNTY IS A CITY AND COUNTY, THE REQUIREMENTS OF THIS PARAGRAPH (a) PERTAINING TO COUNTY REPRESENTATION ON THE AUTHORITY BOARD NEED NOT BE SATISFIED. (IV) ALL MAYORAL appointments and designation shall be CHAIR DESIGNATIONS ARE subject to approval by the governing body OF THE MUNICIPALITY WITHIN WHICH THE AUTHORITY HAS BEEN ESTABLISHED. Not more than one of the commissioners APPOINTED BY THE MAYOR may be an official of the municipality. (V) In the event that an official of the municipality is appointed as commissioner of an authority, acceptance or retention of such appointment shall not be IS NOT deemed a forfeiture of his OR HER office, or incompatible therewith, or AND DOES NOT affect his OR HER tenure or compensation in any way. The term of office of a commissioner of an authority who is a municipal official shall IS not be affected or curtailed by PAGE 2-HOUSE BILL 15-1348 the expiration of the term of his OR HER municipal office. (b) The commissioners who are first appointed shall MUST be designated by the mayor to serve for staggered terms so that the term of at least one commissioner will expire each year. Thereafter, the term of office shall be IS five years. A commissioner shall hold HOLDS office until his OR HER successor has been appointed and has qualified. Vacancies other than by reason of expiration of terms shall MUST be filled by the mayor for the unexpired term; EXCEPT THAT, IN THE CASE OF A COMMISSIONER ON THE AUTHORITY WHO HAS BEEN APPOINTED BY THE BOARD OF COMMISSIONERS OF A COUNTY PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (2), A VACANCY ON THE AUTHORITY BOARD FOR THE BALANCE OF THE UNEXPIRED TERM MUST BE FILLED BY THE BOARD OF COMMISSIONERS OF THE COUNTY THAT MADE THE ORIGINAL APPOINTMENT, A VACANCY OF THE SPECIAL-DISTRICT APPOINTED SEAT MUST BE FILLED BY AGREEMENT OF THE AFFECTED SPECIAL DISTRICTS, AND A VACANCY OF THE SCHOOL-DISTRICT APPOINTED SEAT MUST BE FILLED BY AGREEMENT OF THE AFFECTED SCHOOL DISTRICTS. A majority of the commissioners shall constitute CONSTITUTES a quorum. The mayor shall file with the clerk a certificate of the appointment or reappointment of any commissioner, and such certificate shall be IS conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive RECEIVES no compensation for his OR HER services, but he shall be IS entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his OR HER duties. (2.5) WHEN THE GOVERNING BODY OF A MUNICIPALITY DESIGNATES ITSELF AS THE AUTHORITY OR TRANSFERS AN EXISTING AUTHORITY TO THE GOVERNING BODY PURSUANT TO SECTION 31-25-115 (1), AN AUTHORITY CONSISTS OF THE SAME NUMBER OF COMMISSIONERS AS THE NUMBER OF MEMBERS OF THE GOVERNING BODY. IN ADDITION, IN ORDER TO REPRESENT THE COLLECTIVE INTERESTS OF THE COUNTY AND ALL TAXING BODIES LEVYING A MILL LEVY WITHIN THE BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA OTHER THAN THE MUNICIPALITY, ONE ADDITIONAL COMMISSIONER ON THE AUTHORITY MUST BE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE TERRITORIAL BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA ARE LOCATED, ONE ADDITIONAL COMMISSIONER MUST ALSO BE A BOARD MEMBER OF A SPECIAL DISTRICT SELECTED BY AGREEMENT OF THE SPECIAL DISTRICTS LEVYING A MILL LEVY WITHIN THE BOUNDARIES OF THE URBAN RENEWAL AUTHORITY PAGE 3-HOUSE BILL 15-1348 AREA, AND ONE ADDITIONAL COMMISSIONER MUST ALSO BE AN ELECTED MEMBER OF A BOARD OF EDUCATION OF A SCHOOL DISTRICT LEVYING A MILL LEVY WITHIN THE BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA. IF THE NUMBER OF MEMBERS OF THE GOVERNING BODY CAUSES THE AUTHORITY TO HAVE AN EVEN NUMBER OF COMMISSIONERS, THE MAYOR SHALL APPOINT AN ADDITIONAL COMMISSIONER TO RESTORE AN ODD NUMBER OF COMMISSIONERS TO THE AUTHORITY. AS APPLICABLE, THE APPOINTMENT OF THE COUNTY, SPECIAL DISTRICT, AND SCHOOL DISTRICT REPRESENTATIVES ON THE AUTHORITY PURSUANT TO THIS SUBSECTION (2.5) MUST BE MADE IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN SUBSECTION (2) OF THIS SECTION. SECTION 2. In Colorado Revised Statutes, 31-25-107, amend (9) (a) introductory portion and (9) (a) (II); and add (9) (i) and (9.5) as follows: 31-25-107. Approval of urban renewal plans by local governing body. (9) (a) Notwithstanding any law to the contrary, any urban renewal plan, as originally approved or as later modified pursuant to this part 1, may contain a provision that THE PROPERTY taxes OF SPECIFICALLY DESIGNATED PUBLIC BODIES, if any, levied after the effective date of the approval of such urban renewal plan upon taxable property in an urban renewal area each year or that municipal sales taxes collected within said area, or both such taxes, by or for the benefit of any THE DESIGNATED public body shall MUST be divided for a period not to exceed twenty-five years after the effective date of adoption of such a provision, as follows: (II) That portion of said property taxes or all or any portion of said sales taxes, or both, in excess of the amount of property taxes or sales taxes paid into the funds of each such public body in accordance with the requirements of subparagraph (I) of this paragraph (a) shall MUST be allocated to and, when collected, paid into a special fund of the authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the authority for financing or refinancing, in whole or in part, an urban renewal project, or to make payments under an agreement executed pursuant to subsection (11) of this section. Any excess municipal sales tax OR PROPERTY TAX collections not allocated pursuant to this subparagraph (II) shall MUST be paid into the funds of the municipality OR OTHER TAXING ENTITY, AS PAGE 4-HOUSE BILL 15-1348 APPLICABLE. Unless and until the total valuation for assessment of the taxable property in an urban renewal area exceeds the base valuation for assessment of the taxable property in such urban renewal area, as provided in subparagraph (I) of this paragraph (a), all of the taxes levied upon the taxable property in such urban renewal area shall MUST be paid into the funds of the respective public bodies. Unless and until the total municipal sales tax collections in an urban renewal area exceed the base year municipal sales tax collections in such urban renewal area, as provided in subparagraph (I) of this paragraph (a), all such sales tax collections shall MUST be paid into the funds of the municipality. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property or the total municipal sales tax collections, or both, in such urban renewal area shall MUST be paid into the funds of the respective public bodies, AND ALL MONEYS REMAINING IN THE SPECIAL FUND ESTABLISHED PURSUANT TO THIS SUBPARAGRAPH (II) THAT HAVE NOT PREVIOUSLY BEEN REBATED AND THAT ORIGINATED AS PROPERTY TAX INCREMENT GENERATED BASED ON THE MILL LEVY OF A TAXING BODY, OTHER THAN THE MUNICIPALITY, WITHIN THE BOUNDARIES OF THE URBAN RENEWAL AREA MUST BE REPAID TO EACH TAXING BODY BASED ON THE PRO RATA SHARE OF THE PRIOR YEAR'S PROPERTY TAX INCREMENT ATTRIBUTABLE TO EACH TAXING BODY'S CURRENT MILL LEVY IN WHICH PROPERTY TAXES WERE DIVIDED PURSUANT TO THIS SUBSECTION (9). ANY MONEYS REMAINING IN THE SPECIAL FUND NOT GENERATED BY PROPERTY TAX INCREMENT ARE EXCLUDED FROM ANY SUCH REPAYMENT REQUIREMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY ADDITIONAL REVENUES THE MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT RECEIVES EITHER BECAUSE THE VOTERS HAVE AUTHORIZED THE MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT TO RETAIN AND SPEND SAID MONEYS PURSUANT TO SECTION 20 (7) (d) OF ARTICLE X OF THE STATE CONSTITUTION SUBSEQUENT TO THE CREATION OF THE SPECIAL FUND PURSUANT TO THIS SUBPARAGRAPH (II) OR AS A RESULT OF AN INCREASE IN THE PROPERTY TAX MILL LEVY APPROVED BY THE VOTERS OF THE MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT SUBSEQUENT TO THE CREATION OF THE SPECIAL FUND, TO THE EXTENT THE TOTAL MILL LEVY OF THE MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT EXCEEDS THE RESPECTIVE MILL LEVY IN EFFECT AT THE TIME OF APPROVAL OR SUBSTANTIAL MODIFICATION OF THE URBAN RENEWAL PLAN, ARE NOT INCLUDED IN THE AMOUNT OF THE INCREMENT THAT IS ALLOCATED TO AND, WHEN COLLECTED, PAID INTO THE PAGE 5-HOUSE BILL 15-1348 SPECIAL FUND OF THE AUTHORITY. (i) WITHIN THE TWELVE-MONTH PERIOD PRIOR TO THE EFFECTIVE DATE OF THE APPROVAL OR MODIFICATION OF THE URBAN RENEWAL PLAN REQUIRING THE ALLOCATION OF MONEYS TO THE AUTHORITY PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (9), THE MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT IS ENTITLED TO THE REIMBURSEMENT OF ANY MONEYS THAT SUCH MUNICIPALITY, COUNTY, SPECIAL DISTRICT, OR SCHOOL DISTRICT PAYS TO, CONTRIBUTES TO, OR INVESTS IN THE AUTHORITY FOR THE PROJECT. THE REIMBURSEMENT IS TO BE PAID FROM THE SPECIAL FUND OF THE AUTHORITY ESTABLISHED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (9). (9.5) (a) BEFORE ANY URBAN RENEWAL PLAN CONTAINING ANY TAX ALLOCATION PROVISIONS THAT ALLOCATES ANY TAXES OF ANY PUBLIC BODY OTHER THAN THE MUNICIPALITY MAY BE APPROVED BY THE MUNICIPAL GOVERNING BODY PURSUANT TO SUBSECTION (4) OF THIS SECTION, THE GOVERNING BODY SHALL NOTIFY THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY AND THE GOVERNING BOARDS OF EACH OTHER PUBLIC BODY WHOSE PROPERTY TAX REVENUES WOULD BE ALLOCATED UNDER SUCH PROPOSED PLAN. REPRESENTATIVES OF THE MUNICIPAL GOVERNING BODY AND EACH BOARD OF COUNTY COMMISSIONERS AND EACH PUBLIC BODY SHALL THEN MEET AND ATTEMPT TO NEGOTIATE AN AGREEMENT GOVERNING THE TYPES AND LIMITS OF TAX REVENUES OF EACH TAXING ENTITY TO BE ALLOCATED TO THE URBAN RENEWAL PLAN. THE AGREEMENT MUST ADDRESS, WITHOUT LIMITATION, ESTIMATED IMPACTS OF THE URBAN RENEWAL PLAN ON COUNTY OR DISTRICT SERVICES ASSOCIATED SOLELY WITH THE URBAN RENEWAL PLAN. THE AGREEMENT MAY BE ENTERED INTO SEPARATELY AMONG THE MUNICIPALITY, THE AUTHORITY, AND EACH SUCH COUNTY OR OTHER PUBLIC BODY, OR THROUGH A JOINT AGREEMENT AMONG THE MUNICIPALITY, THE AUTHORITY, AND ANY PUBLIC BODY THAT HAS CHOSEN TO ENTER THAT AGREEMENT. ANY SUCH ALLOCATED SHARED TAX REVENUES GOVERNED BY ANY AGREEMENT ARE LIMITED TO ALL OR ANY PORTION OF THE TAXES LEVIED UPON TAXABLE PROPERTY BY THE PUBLIC BODY WITHIN THE AREA COVERED BY THE URBAN RENEWAL PLAN IN ADDITION TO ANY SALES TAX REVENUES GENERATED WITHIN THE AREA COVERED BY THE URBAN RENEWAL PLAN BY THE IMPOSITION OF THE SALES TAX OF THE MUNICIPALITY AND ANY OTHER PUBLIC BODY. PAGE 6-HOUSE BILL 15-1348 (b) THE AGREEMENT DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (9.5) MAY PROVIDE FOR A WAIVER OF ANY PROVISION OF THIS PART 1 THAT PROVIDES FOR NOTICE TO THE PUBLIC BODY, REQUIRES ANY FILING WITH OR BY THE PUBLIC BODY, REQUIRES OR PERMITS CONSENT FROM THE PUBLIC BODY, OR PROVIDES ANY ENFORCEMENT RIGHT TO THE PUBLIC BODY. THE MUNICIPALITY MAY DELEGATE TO THE AUTHORITY THE RESPONSIBILITY FOR NEGOTIATING THE AGREEMENT DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (9.5) AS LONG AS FINAL APPROVAL OF THE PLAN OR ANY MODIFICATION OF THE PLAN IS MADE BY THE GOVERNING BODY OF THE MUNICIPALITY IN ACCORDANCE WITH SUBSECTION (4) OF THIS SECTION. (c) IF, AFTER A PERIOD OF ONE HUNDRED TWENTY DAYS FROM THE DATE OF NOTICE OR SUCH LONGER OR SHORTER PERIOD AS THE MUNICIPAL GOVERNING BODY AND ANY PUBLIC BODY MAY AGREE, THERE IS NO AGREEMENT BETWEEN THE MUNICIPAL GOVERNING BODY AND ANY PUBLIC BODY AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (9.5), THE MUNICIPAL GOVERNING BODY AND ANY APPLICABLE PUBLIC BODY ARE SUBJECT TO THE PROVISIONS AND LIMITATIONS OF PARAGRAPH (d) OF THIS SUBSECTION (9.5). (d) IN AN ABSENCE OF AN AGREEMENT BETWEEN THE MUNICIPALITY AND ANY TAXING ENTITY AS DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (9.5), THE PARTIES MUST SUBMIT TO MEDIATION ON THE ISSUE OF APPROPRIATE ALLOCATION OF URBAN RENEWAL PROJECT COSTS AMONG THE MUNICIPALITY AND ALL OTHER TAXING ENTITIES WHOSE TAXES WILL BE ALLOCATED PURSUANT TO AN URBAN RENEWAL PLAN. IN MAKING A DETERMINATION OF THE APPROPRIATE ALLOCATION, THE MEDIATOR MUST CONSIDER THE NATURE OF THE PROJECT, THE NATURE AND RELATIVE SIZE OF THE REVENUE AND OTHER BENEFITS THAT ARE EXPECTED TO ACCRUE TO THE MUNICIPALITY AND OTHER TAXING ENTITIES AS A RESULT OF THE PROJECT, ANY LEGAL LIMITATIONS ON THE USE OF REVENUES BELONGING TO THE MUNICIPALITY OR ANY TAXING ENTITY, AND ANY CAPITAL OR OPERATING COSTS THAT ARE EXPECTED TO RESULT FROM THE PROJECT. WITHIN NINETY DAYS, THE MEDIATOR MUST ISSUE HIS OR HER FINDINGS OF FACT AS TO THE APPROPRIATE ALLOCATION OF COSTS AND SHALL PROMPTLY TRANSMIT SUCH INFORMATION TO THE PARTIES. THE MUNICIPALITY MAY AGREE TO THE MEDIATOR'S FINDINGS BY INCLUDING IN THE URBAN RENEWAL PLAN PROVISIONS THAT ALLOCATE MUNICIPAL AND INCREMENTAL TAX REVENUES OF TAXING BODIES IN ACCORDANCE WITH THE COST PAGE 7-HOUSE BILL 15-1348 ALLOCATIONS DETERMINED BY THE MEDIATOR OR BY ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TAXING ENTITY PROVIDING AN ALTERNATIVE COST ALLOCATION METHODOLOGY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PAYMENTS MAY BE MADE INTO THE SPECIAL FUND OF THE AUTHORITY IN ACCORDANCE WITH SUBPARAGRAPH (II) OF PARAGRAPH (a) OF SUBSECTION (9) OF THIS SECTION UNLESS THE MUNICIPALITY OR THE AUTHORITY HAS SATISFIED THE REQUIREMENTS OF THIS SUBSECTION (9.5). (e) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CITY AND COUNTY IS NOT REQUIRED TO REACH AN AGREEMENT WITH A COUNTY SATISFYING THE REQUIREMENTS OF THIS SUBSECTION (9.5). SECTION 3. In Colorado Revised Statutes, 31-25-115, add (1.5) as follows: 31-25-115. Transfer - abolishment. (1.5) WHEN THE GOVERNING BODY OF A MUNICIPALITY DESIGNATES ITSELF AS THE AUTHORITY OR TRANSFERS AN EXISTING AUTHORITY TO THE GOVERNING BODY PURSUANT TO SUBSECTION (1) OF THIS SECTION, ONE SUCH COMMISSIONER ON THE AUTHORITY MUST BE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY IN WHICH THE TERRITORIAL BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA ARE LOCATED, ONE SUCH COMMISSIONER MUST ALSO BE A BOARD MEMBER OF A SPECIAL DISTRICT SELECTED BY AGREEMENT OF THE SPECIAL DISTRICTS LEVYING A MILL LEVY WITHIN THE BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA, AND ONE COMMISSIONER MUST ALSO BE AN ELECTED MEMBER OF A BOARD OF EDUCATION OF A SCHOOL DISTRICT LEVYING A MILL LEVY WITHIN THE BOUNDARIES OF THE URBAN RENEWAL AUTHORITY AREA. APPOINTMENTS MADE PURSUANT TO THIS SUBSECTION (1.5) MUST BE MADE IN ACCORDANCE WITH THE PROCEDURES SPECIFIED IN SECTION 31-25-104 (2). SECTION 4. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be PAGE 8-HOUSE BILL 15-1348 held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to: (a) Municipalities, urban renewal authorities, and any urban renewal plans created on or after January 1, 2016; or (b) Urban renewal plan amendments or modifications adopted on or after January 1, 2016, that include any of the following: Any addition of an urban renewal project; an alteration in the boundaries of an urban renewal area; any change in the mill levy or the sales tax component of any such plan, except where such changes or modifications are made in connection with refinancing any outstanding bonded indebtedness; or an extension of an urban renewal plan or the duration of a specific urban PAGE 9-HOUSE BILL 15-1348 renewal project regardless of whether such extension or related changes in duration of a specific urban renewal project require actual alteration of the terms of the urban renewal plan. ____________________________ ____________________________ Dickey Lee Hullinghorst Bill L. Cadman SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Cindi L. Markwell CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO PAGE 10-HOUSE BILL 15-1348 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Justin Hildreth, Town Engineer Date: July 9, 2015 Re: Metcalf Road Bicycle Climbing Lane BACKGROUND A four to six foot wide bicycle climbing lane on Metcalf Road, from Nottingham Road to Old Trail Road, is included in the Town’s Street Improvement Program. With the development of the West Avon Preserve Trails, bicycle use of Metcalf Road for accessing the new trails has visibly increased, although no actual counts have been taken. The goal of the bicycle climbing lane is to enhance safety for bicyclists going to Wildridge, Wildwood and the West Avon Preserve. The estimated construction cost of the bike lane is $900,000 including an overlay from Nottingham Road to Wildwood Road. Town Council gave Staff direction to complete the design and construct it if there is adequate time and budget this year. Upon completion of the design, Staff was notified that 4 permanent drainage easements and 6 temporary construction easements will be required from adjacent property owners. The need for the easements is driven by the increase road width that pushes the drainage ditch and culverts onto or very close to private property. It will take 4 to 6 months to obtain the easements which must be approved by Town Council. Construction is now planned for 2016 after the easements are obtained.