TC Council Packet 11-17-2015
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TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Director of Festivals & Special Events Danita Dempsey
Town Manager Virginia C. Egger
Date: November 10, 2015
Agenda Topic: Request for Funding – CoverStock Music & Art
Festival: Harry A. Nottingham Park Performance
Pavilion and Main Street Mall
BACKGROUND:
To further the Town of Avon’s economic development strategy, which calls for the Town to financially seed special
events, with a goal of developing signature events for the Town, a Request for Qualifications (RFQ) was issued to
producers and promoters covering a broad range of performance types, for activation at Avon’s two prominent
venues – the Harry A. Nottingham Park Performance Pavilion and the Main Street Mall.
PROPOSAL FOR USE OF THE AVON PERFORMANCE PAVILION, MAIN ATHLETIC FIELD & MAIN STREET MALL:
Mr. Tom Dobrez, owner of Local Events, LLC, an events production company, and owner for the past 14 years of
KZYR, has responded to the RFQ with a proposal to produce the CoverStock Music & Art Festival, which will feature
“Tribute Bands”, combined with high-end concert poster art exhibit.
CoverStock Music & Art Festival - Avon Performance Pavilion
thth
and Sunday, June 26 2016
Saturday, June 25
The request is for exclusive use of the Avon Performance Pavilion, main athletic field and Town Hall
parking lots for the production of a 2-day, ticketed festival
The first year Tribute Band theme is Woodstock; themes would change yearly
First year paid attendance is estimated at 2,500 persons
Attendance growth projections: Year 2 – 3,000 and Year 3 – 3,700
Event would sell liquor through a local non-profit
Main Street Mall
American Poster Institute Exhibit
-
thth
and Sunday, June 26 2016
Saturday, June 25
Free event
This distinctive art element is made possible through the producer’s partnerships with FLATSTOCK and
the American Poster Institute (API). According to the API, “FLATSTOCK is an ongoing series of exhibitions
featuring the work of many of the most popular concert poster artists working today. The API is a
nonprofit corporation dedicated to serving poster artists and promoting the art form. The best concert
posters have always captured both the essence of the music they promoted and the spirit of the time in
which they were produced.”
API hosts two major FLATSTOCK events annually in Chicago and Austin. This event has chance to be the
3rd and only Western appearance.
The FLATSTOCK Poster Exhibit provides the general public with an ongoing series of opportunities to
see fine poster art in person and to meet the artists who have created it.
The proposal is attached as Exhibit A and Mr. Dobrez will be presenting his concept and request at the
th
meeting.
November 17
1
Council Report – Request for Funding for CoverStock Music Festival 2016
PRODUCER QUALIFICATIONS:
Mr. Dobrez founded and operated a national radio advertising firm representing 1,600 stations for 28 years
maintaining relationships with some of the nation’s leading advertisers. It is during this time he discovered his true
passion for radio and music realizing his dream in 2001 when he purchased KZYR “The Zephyr” in the Vail Valley and
KSNO in the Roaring Fork Valley. His most recent acquisition is KKVM “The Mile” serving Summit and Eagle
counties. To further expand his production knowledge, Mr. Dobrez studied the back office administration of
countless music festivals ranging from Bonnaroo to Lollapalooza and New Orleans Jazz to WinterWonderGrass, to
name a few. Mr. Dobrez has created lasting partnerships with investors, advertisers, event management
companies and countless musicians.
RETURN ON INVESTMENT:
CoverStock is asking for $35,000 in direct financial support in its first year. A return on investment analysis, over three
years, is provided in the attached Exhibit B - ROI Assumptions Demonstration. The results demonstrate, as the event
grows over time and gains profitability, there is a yearly decrease in the need for seed funds. The results also project the
Town of Avon would fully recover its contribution and experience additional revenues, from a combination of sales and
lodging taxes and ticket admission fees, as early as year two.
Seed funds year one = $35,000 Net Recovered/Unrecovered Investment = ($8,823)
Seed funds year two = $28,500 Net Recovered/Unrecovered Investment = $10,395
Seed funds year three = $24,500 Net Recovered/Unrecovered Investment = $31,000
The proposal also asks for an in-kind commitment for police services, bus transportation, traffic control, banner
installation/removal and staff assistance of up to $7,500. These expenses are covered through ticket fee revenue
or in the internal budget of the respective Town department. The Net Recovered Investment indicates that by year
two these costs are fully funded with new revenue.
STAFF RECOMMENDATION:
Special events are integral and a key component in a resort community economy of which a mix and variety brings
interest, culture, liveliness, creates a sense of place and community for residents. Additionally, special events are
often the basis for guest visits. Funding special events, the Town believes will grow into signature events being
synonymous with Avon, are of specific interest. Over the past two years, and in particular with the Pavilion and
Main Street Mall being completed, the funding of new events has provided important information as to the “how
and what” to activate. Important take-aways include the qualifications of the producer in the genre of event being
proposed, a “spin-on” or unique idea for the event, and realistic expectations for attendance and thereby revenue
collections.
Staff believes the CoverStock Music & Art Festival meets the Town’s desire to seed and support a concept that can
become a signature event. The event dates bring a 2-day event at the start of the summer, which is desirable. We
find that the producer has the business capability, private financial support, music background and passion to initiate and
grow the event. The event is especially attractive with the activation of the Main Street Mall art exhibit. The in-kind
services requested, in the amount of $7,500, are commensurate with the size of the expected attendance, first year
support needs and type of production. The request of $35,000 for the first year, with a forecasted unrecovered
investment of $8,823, presents a good opportunity for the Town to launch this event.
RECOMMENDED MOTION:
If Council concurs, the motion would be: I move to approve funding in the amount of $35,000 to Local Events, LLC
for the production of the CoverStock Music & Art Festival . Funding will be from the 2016 General Fund Special
Events Assigned Fund Balance, and is conditional on the Avon Town Council approving this line item in the 2016
General Fund budget on December 8, 2015. In addition, I move to approve up to $7,500 of in-kind services.
ATTACHMENTS:
Exhibit A - CoverStock Music & Art Festival Proposal
2 Council Report – Request for Funding for CoverStock Music Festival 2016
Exhibit B – CoverStock ROI Projections
3 Council Report – Request for Funding for CoverStock Music Festival 2016
tribute bands playing the
music of Woodstock
June 25th-26th, 2016
Coverstock 1
Avon, Co
COVERSTOCK 1 IN AVON
Tribute Bands @
Chicago and Austin. This event has chance to be their
API host 2 major Flatstock events annually in
Saturday-Sunday
American Poster Institute
Exhibit -Main Street Mall
.
3rd and only Western appearance
June 25th-26th, 2016
Avon Performance
Pavilion
¥¥¥
SCOPE
4pm- The Weight- The Band
12p-BACK TO GARDEN -
Joe Cocker/Sly & Family
6pm-Purple Haze- Jimi
2pm- 4x20 - CSN&Y
SUNDAY
Poster Exhibit Hours 11a-7pm
Hendrix
Stone
SAMPLE SCHEDULE
¥¥¥¥
2pm- Creedence Clearwater Rev
Janis Joplin, Jefferson Airplane
12p-BACK TO GARDEN -
8pm-Grateful Dead Tribute
4pm Abraxas Santana
6pm- The Who Show
SATURDAY
¥¥¥¥¥
Local
40%
PROJECTED DEMOGRAPHICS
Colorado
Visitors
35%
25%
35% Front Range(state)
Boomers Aged 45-70
25% out of state
40% Local
¥¥¥¥
2017 = $28,500 In Kind $7,500
2016 = $35,000 In Kind $7,500
2018 = $24,500 In Kind $7,500
FUNDING REQUESTS
Three Year Seed Monies
¥¥¥
CALCULATIONS
$23,040.00
$15,096.00$43,575.00
$576,000
$377,400
$135,975
$63,000
$24,500
$16,650
$31,000
$5,439$7,500
$2,775
12,5807,200
2018
2,775
486
971
925
3700 per day
ASSUMPTION
$30.00
14,800
9,000
3,700$140
80%
85%
25%35%$80
75%
2
CALCULATIONS
$16,800.00$30,645.00
$10,200.00
$420,000
$255,000
$46,395
$28,500$10,395
$13,500
$91,125
$3,645
$7,500
$2,250
5,600
10,200
2017
2,250
338
750
675
Exhibit B - 2016-2018 ROI Coverstock Weekend - 2 DAYS
3000 per day
ASSUMPTION
$25.00
12,000
3,0007,000
$135
30%85%80%
$75
25%
75%
2
CALCULATIONS
$11,200.00
$21,302.50
$280,000
$7,990.00($8,823)
$199,750
$35,000
8,500
$33,678
$52,813
1,625
$2,625
$9,750$7,500
$2,113
4,000
2016
203
875406
2500 per day
ASSUMPTION
2,500
10,000
$23.50
5,000
$130
80%
65%85%
35%25%
$70
2
** Based on Destimetrics June 2015
* Based on Cevent Destination Guide - Vail, CO
AVERAGE INCREMENTAL PURCHASE AMOUNT - Over 2/days
TOTAL MEALS AVAILABLE FOR WEEKEND (2/per day)
ANNUAL TOWN OF AVON FINANCIAL INVESTMENT
TOTAL PERCENT EATING MEALS IN RESTAURANTS
2 DAY SPECIAL EVENT TICKET ADMISSION FEE $3
1 DAY SPECIAL EVENT TICKET ADMISSION FEE $3
ANNUAL TOWN OF AVON IN KIND INVESTMENT
TOTAL % BUYING FOOD, RETAIL, INCREMENTAL
AVERAGE DAILY MEAL COST OUTSIDE VENUE**
NET UNRECOVERED/RECOVERED INVESTMENT
TOTAL PERCENT PURCHASING 2-DAY PASSES
AVERAGE HOTEL RATE* - 2 nights/per person
TOTAL PERCENT PURCHASING 1-DAY PASSES
COMMODITY
TOTAL PERSONS FOR THE WEEKEND
TOTAL % STAYING IN LODGING
AVERAGE PERSONS PER UNIT
4% ACCOMMODATIONS TAX
TOTAL TICKETS PER DAY
TOTAL REVENUE
4% SALES TAX 4% SALES TAX
TOTAL TAXES
TOWN COUNCIL REPORT
To: Honorable Mayor and Members of Town Council
From: Brian Garner, Town Planner
Date: November 17, 2015 Town Council Meeting
Agenda Topic: PUBLIC HEARING -Ordinance 2015-11
Project: Case #CTA15001
Code Text Amendment Pertaining to Proposed Minor PUD
Amendments in the Wildridge Subdivision
Summary
Recent developmentwithin the Wildridge subdivision has prompted a number of discussions
with Town Council and the Planning & Zoning Commission questioning the adequacy of current
development regulations. Of particular concern are PUD amendment applications that result in
lot splits and change the building type from a duplex (or more attached units) to single-family-
detached units. Council and PZC indicated interest in adopting additional review criteria for
review of lot split PUD Amendments to improve mitigation of potential impacts to affected
properties and to codify best practices incorporated in past lot split PUD amendment
approvals.
Among the changes shown herein, a new category of review criteria specific to minor PUD
amendment applications that result in lot splits in Wildridge is prescribed to better address the
specific needs of that environment. PUD amendment proposals will need to address specific
site characteristics unique to the Wildridge neighborhood to demonstrate that a development
proposal is not more impactful than development proposed under the existing site allowance.
The language is intended to provide the Planning & Zoning Commission with ample discretion
to review proposals on a site-by-site basis. New language and sections are shown in red.
Most notable of the proposed code text revision is a change in the review and final decision
that is now proposed to be completed by the Planning & Zoning Commission, rather than Town
Council, for applications to amend the Wildridge PUD. However, applications that propose
significant deviation from the Wildridge PUD (i.e. zone change from residential to commercial)
will continue to be a Town Council consideration and approval process. Therefore, a proposed
minor amendment to the Wildridge PUD will be considered by the PZC only if it meets the
established criteria for decision by the PZC and has first been determined as such by the
Director.
Leading up to the recommendation of approval by PZC at the September 29 hearing, several
members of the public spoke to the proposed language. This public input helped craft the final
code text amendment that is now before Council for consideration. The PZC voted 6-0 in favor
of the proposed language. The specific organization and language of the Wildridge-specific
code text amendment is attached to this memo as Ordinance 2015-11.
1
Case #CTA15001Ordinance 2015-11
Background
Benchmark Properties created the Wildridge Subdivision in 1979, shortly after the incorporation
of the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for
Wildridge and Wildwood Subdivisions, the overall development concept was for “abundant
open space recreation areas around lots” with a density of “barely one dwelling unit per acre”.
The original Wildridge “Specially Planned Area” (now considered a “PUD”) and the
accompanying Subdivision plat, were established to offer a diverse range of housing types and
options to serve a diverse local population.
In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned
development units and is the foundation of the current zoning in Wildridge. Over the years,
there have been a number of PUD amendments that alter the defined building type, resulting in
lot splits. In most cases, the density has been reduced or resulted in the same number as
originally intended.
§7.16.040(c), Code Text Amendment Review Criteria
The Town Council shall use the following review criteria as the basis for recommendations and
decisions on applications to amend the text of the Development Code:
(1) The text amendment promotes the health, safety and general welfare of the Avon
Community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response to Review Criteria
The proposed text amendment is intended to promote the health, safety and welfare of the
Avon community as well as to reinforce the goals and policies of the Avon Comprehensive Plan.
Changing economic conditions within the community are resulting in a greater demand for
single-family-detached homes in lieu of attached units. Therefore, the code text amendment is
intended to mitigate impacts to the community when changes to the existing development
rights are proposed.
PZC Recommendation
After holding a public hearing and considering public comments at the September 29, 2015
PZC meeting, the PZC recommended APPROVAL of the Application.
2
Case #CTA15001Ordinance 2015-11
For consideration by Council, the following findings are applicable:
Findings:
1.The Code Text Amendment is intended to mitigate negative impacts to adjacent
property from development proposals that seek to change the existing development
rights.
2.The Code Text Amendment for a Wildridge-specific minor PUD amendment process is in
the interest of the public health, welfare and safety for the protection of the people of
Avon.
Proposed Motion:
“I move to approve Ordinance 2015-11, thereby approving Case #CTA15001, an application for a
code text amendment pertaining specifically to the Wildridge Subdivision in its entirety, an
application to add a new Section 7.16.060(h)(1)(iii) Amendments to Wildridge PUD to the Avon
Development Code and edit Table 7.16-1 accordingly, together with the findings of fact. “
Attachments
A: Ordinance 2015-11
B: Wildridge Development Summary Map 11/2015
3
Case #CTA15001Ordinance 2015-11
TOWN OF AVON, COLORADO
ORDINANCE 2015-11
AN ORDINANCE AMENDING AVON MUNICIPAL CODE
TABLE 7.16-1 ANDSECTION7.16.060(h)(1)CONCERNING
AMENDMENTS TO WILDRIDGE PUDAPPLICATIONS
WHEREAS
, the Avon Town Council initiated an application (“Application”) to amend the
text ofthe Avon Development Code (“ADC”)in accordance with Section 7.16.040 of the ADC;
WHEREAS
, the Application would amend Sections 7.16.060(h)(1)PUD Amendment
Categories and 7.16.060(h)(2)Reviewing Authorityand Table 7.16-1, Development Review
Procedures, in accordance with the Code Text Amendment;
WHEREAS
, the Avon Planning & Zoning Commissionheld apublic hearingonSeptember
29, 2015,after publishing and posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation;
WHEREA
S, after conducting the noticed Public Hearing, PZC made the required findings to
recommend approval ofthe application to the Town Council;
WHEREAS
, the Town Council of the Town of Avon held apublic hearing onNovember 17,
2015after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to taking any action on theApplication;
WHEREAS
, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendmentand found the Application
in compliance with the review criteria, and specifically finds that the text amendment is
necessary or desirable to respond to changed conditions, new planning concepts or other social
or economic conditions and promotes 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 state law, the Avon home rule charter and the Avon
Development Codeby setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects,or denies the proposed zoning or other matters in this
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO,
the following:
Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD
FIRST READING-November 17, 2015
Page 1of 5
Section 1.Recitals Incorporated
. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2.Amendment to Table 7.16-1: Development Review Procedures and Review
Authority
. Table 7.16-1, Development Review Procedures and Review Authority, of the ADC
is amended to insert anewhorizontal cell row adjacent to the category for Planned Unit
Development, located below “Minor PUD Amendment” and above “Major PUD Amendment”
and shall read “Minor PUD Amendment to Wildridge PUD”together with a cell for “R” under
the Director column;a cell for “H-D” under the PZC column; and a cell for “A” under the TC
column, to read as follows:
Minor PUD Amendment to Wildridge PUDRH-DA
Section 3.Amendment to Add a New Section 7.16.060(h)
is hereby repealed in its entirety
and re-enacted to read as follows:
(1)PUD Amendment Categories. Categories of PUD amendments are established and
defined as follows for the purpose of determining the appropriate review procedure:
(i)Administrative Amendment. A proposed PUD amendment is considered
administratively if it provides for the correction of any errors caused by mistakes that
do not materially alter the substance of the PUD development plan as represented to
the Town Council.
(ii)Minor Amendment. A proposed PUD amendment is considered minor if it meets the
following criteria for decision and has been determined as such by the Director:
(A)The PUD amendment does not increase density, increase the amount of
nonresidential land use or significantly alter any approved building scale and mass
of development.
(B)The PUD amendment does not change the character of the development and
maintains the intent and integrity of the PUD.
(C)The PUD amendment does not result in a net decrease in the amount of open
space or result in a change in character of any of the open space proposed within
the PUD.
(iii)Minor Amendmentto Wildridge PUD. A proposed PUDAmendment to the Wildridge
PUD to permit a lot split of a duplex lot into two lots is considered a Minor Wildridge
PUD amendment if it meets the following criteria for decision and has been determined
as such by the Director:
(A) The proposed duplex lot split is located in theWildridge PUDSubdivision.
Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD
FIRST READING-November 17, 2015
Page 2of 5
(B) The proposed minor PUD amendmentmeets the criteria for a Minor Amendment in
Section 7.16.060(h)(1)(ii).
(C) The minor PUD amendment proposes to split one lot permitting a residential duplex
dwelling into two lots permitting one detached single-family-residential dwelling on each lot.
(iv) Major Amendment. A PUD amendment that is not classified as an administrative or
minor amendment or minor amendment to Wildridge PUD is considered a major
amendment.
(2)Reviewing Authority.
(i) Administrative Amendments. The Director shall review and render decisions on Administrative
Amendments. A decision of the Director may be appealed to the Council pursuant to Section
7.16.160, Appeal.
(ii) Minor Amendments. The general procedures set forth in Section 7.16.020, General procedures
and requirements, shall apply to minor PUD amendment applications. The PZC shall review all
minor PUD amendment applications and shall provide a recommendation to the Town Council
after conducting a public hearing.The Town Council shall review and render a final decision,
through a resolution, on a minor PUD amendment application after conducting a public
hearing.
(iii) Minor Amendments to Wildridge PUD. The general procedures set forth in Section 7.16.020,
General procedures and requirements, shall apply to Minor Amendment to Wildridge PUD
applications. The PZC shall review and render a final decision, through a resolution, on a
qualifying Wildridge minor PUD Amendment application after conducting a public hearing. A
decision of the PZC may be appealed to the Council pursuant to Section 7.16.160, Appeal.
(iv) Major Amendments.The general procedures set forth in Section 7.16.020 shall apply to major
PUD amendment applications. All major PUD amendment applicationsshall be processed as
preliminary PUD and final PUD applications.
(3)Review Criteria. The PZC and Council shall review a PUD amendment according to the
same approval criteria listed above for a preliminary PUD development plan.
(4)Additional Review Criteria.The PZC shall review a minor amendment to the Wildridge
PUD application according the following criteriain addition to the review criteria for a
preliminary PUD development plan:
(i)The application results inless total site coverageand contains restrictions on building
envelopeswhen deemed appropriateto minimize site disturbance;
Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD
FIRST READING-November 17, 2015
Page 3of 5
(ii)Driveway disturbance is minimized and a shared driveway curb cut is utilized when
feasibleand when a shared driveway curb cut would reduce site disturbance;
(iii)Areas not appropriate for development are designated on the PUD plan;
(iv)The proposed development of the site avoids disturbanceof slopes greater than 30%
or reduces potential disturbance of slopes greater than 30% compared to the existing
PUD designation; and,
(v)The PUD plan incorporates requirements and/or restrictions as deemed appropriate to
minimize or mitigate impacts to properties in the vicinity, including but not limited to:
(A)enhanced landscaping;
(B)increased building setbacks;
(C)designated building footprints;and,
(D)designated architectural massing, including but not limited to maximum building
square footage designation.”
Section 4.Codification of Amendments
. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations,provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5.Severability
.If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provisionor application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6.Effective Date
. This Ordinance shall take effect thirty days after final adoptionin
accordance with Section 6.4 of the Avon Home Rule Charter.
Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD
FIRST READING-November 17, 2015
Page 4of 5
Section 7.Safety Clause
.The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, andthat this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8.Publication
.The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED, APPROVED, PASSED ON FIRST READING ANDORDERED
POSTED
onNovember 17, 2015and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council onDecember 8, 2015, at 5:00 P.M. in the Council
Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
____________________________
Jennie Fancher, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:APPROVED AS TO FORM:
________________________________________________________
Debbie Hoppe, Town ClerkEric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING
on December 8, 2015.
____________________________
Jennie Fancher,Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
__________________________
Debbie Hoppe, Town Clerk
Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD
FIRST READING-November 17, 2015
Page 5of 5
JUNE
PT
J
E
G
ID
R
N
Legend
Undeveloped Lots (31 Lots)
Single Family Zoned (63 Lots)
Multi Family Zoned (40 Lots)
Duplex Zoned Properties (263)
Single Family Homes Zoned for Duplex (92 Lots)
Property Boundaries
Building Footprints
Wildridge Development Summary This map was produced by the Community Development Department. Use of this map
Wildridge Development Summary
should be for general purposes only. Town of Avon does not warrant the
accuracy of the data contained herein.
Feet
0245490
Eagle County, Colorado Govmnt, GIS Dept P:\\Towns\\Town_of_Avon\\Wildridge_Lot_Entitlement_030915\\MXD\\WR_singlefamily_zonedduplex_091415_8.5x11.mxd Date: 11/5/2015 8:59:24 AM Name:
amy.szczesny
TOWN COUNCIL REPORT
To: Honorable Mayor and Members of Town Council
From: Brian Garner, Town Planner
Date: November 17, 2015 Town Council Meeting
Agenda Topic: PUBLIC HEARING -Ordinance 2015-12
Project: Case #VPR15001
Request to extend Vested Property Rights for three years for
development of the Red House property.
Summary
Eagle River at Avon Lot 1, or the “Red House” property, recently sold to a new owner and
contains development rights to construct fifteen (15) residential townhouse units on the
property. In September, 2015 the property was sold by Vail Corporation and purchased by
Gregg & Co. Builders, a local building and development company that has been developing
homes in the Vail Valley for the past 25 years, according to the Applicant’s narrative. The Vested
Property Rights providing the ongoing approval of the site specific development plan is set to
expire in July, 2016 per the terms of the Annexation and Development Agreement. Pursuant to
section 7.16.140(f) of the Avon Development Code, a landowner may seek extension of vested
property rights by submitting a request for extension at least six months prior to the expiration
of the existing vested property rights. The new property owner is seeking a three (3) year
extension of the existing vested property rights.
While not a part of this Application, the new owner of the Red House property is seeking to
acquire a small adjacent parcel of land from the Vail Corporation. Lot 2, Riverside Subdivision is
adjacent to the east side of the Red House property and comprises 0.37 acres zoned Open
Space, Landscaping, Drainage (OLD) in the Town of Avon. A permanent access easement
across Lot 2 was granted in 2014 through Ordinance 2014-12 for the purpose of constructing the
Eagle Valley Trail segment, anticipated to commence construction in 2016. According to the
owner’s representative, if Lot 2 is acquired the owner would like to use it as an amenity for
owners of the townhomes to be constructed on the Red House property. Staff will continue to
work with the owner toward an agreement to provide a public benefit through an easement to
permit public access to the Eagle River from the new segment of the Eagle Valley Trail, if
possible.
Approval of the request requires a first and second reading of an ordinance and approval by
Town Council. Vested Property Right applications are not referred to the Planning & Zoning
Commission for a recommendation. The application is noticed as a public hearing in compliance
with Section 7.16.020(d) of the Avon Development Code. Second reading of Ordinance 2015-12
is scheduled for the December 8, 2015 Council meeting.
1
Case #CTA15001Ordinance 2015-11
Background
As approved by Town Council through Ordinance 2009-06, the Red House Property was
annexed to the Town of Avon in 2009. Subsequently, the Property was zoned PUD through
Ordinance 2009-07 in conjunction with a site-specific development plan containing vested
property rights for seven (7) years, expiring July 28, 2016. The site specific development plan
includes fifteen (15) townhome units arranged along an access driveway. The townhome
residences are designed as three separate buildings: a four-plex and a five-plex along the Eagle
River and Beaver Creek frontage and a six-plex in the interior, according to the Red House
Development Plan. The approved Development Plan is attachment to this staff report.
As required by Article II, 2.1 of the Annexation and Development Agreement, the property was
replatted through the Town’s subdivision process as the final plat of Eagle River at Avon,
approved by Council through Resolution 09-29.
Vested Property Right Definition
Vested Property Right means the right to undertake and complete the development and use of
property under the express terms and conditions of a site specific development plan.
Site Specific Development Plan Definition
Site specific development plan means a planned unit development plan or any amendment
thereto, approved pursuant to Section 7.16.060, Planned Unit Developments, together with a
development agreement approved pursuant to Section 7.16.140 hereof.
2009 Annexation and Development Agreement
Article II - 2.2 Vesting of Property Rights.
The PUD Development Plan and Development Standards constitute an approved “site-specific
development plan” as defined in the Vested Property Rights Statute and Vested Property
Rights Code and Owner shall have vested property rights, pursuant to the Vested Property
Rights Statute and Vested Property Rights Code as implemented by this Agreement, to
undertake and complete development and use of the Property under the terms and conditions
of the PUD Development Plan and Development Standards during the Term. Pursuant to
Section 17.14.050 of the Vested Property Rights Code and this Agreement, the PUD
Development Plan and Development Standards constitute a site specific development plan for
which a vested property right has been granted pursuant to Article 68 of Title 24, C.R.S., for the
Term.
Section 7.16.140(f) Extension of Vested Property Rights
A landowner may request an extension of vested property rights by submitting an application
for extension of vested property rights at least six (6) months prior to the expiration of the
vested property rights. No application for extension of a vested property right shall be
approved until after providing notice and conducting public hearings in compliance with
Subsection 7.16.020(d). The guidelines in Paragraph 7.16.140(e)(2) shall be considered when
determining whether to grant an extension to a vested property right. An extension of a vested
property right shall be approved by ordinance. The notice of approval provisions in
2
Case #CTA15001Ordinance 2015-11
Paragraph7.16.140(d)(1) above shall apply to any approval for extension of vested property
rights.
Section 7.16.140(e)(2), Approval Guidelines
The Town Council shall use the following guidelines when determining whether to grant vested
property rights for a period greater than three (3) years:
(i) The size and phasing of the development, specifically, but not limited to, whether the
development can be reasonably completed within the vested rights period;
(ii) Economic cycles and specifically but not limited to resort community economic cycles, regional
and state economic cycles and national economic cycles;
(iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of
similar development projects;
(iv) Compliance with the Avon Comprehensive Plan and other community planning documents;
(v) Proposed public amenities and benefits that enhance the project and the overall attractiveness
of the Avon community, including the degree to which such public amenities and benefits are
defined in terms of design, timeframe and phasing with development;
(vi) Projected public financial benefits or costs estimated to be caused by the development
project, including the timeframe for realization by the Town or other public entities and potential
costs for operation and maintenance of any new public amenities or infrastructure dedicated to
the Town or other public entities;
(vii) The breadth and scope of the requested vested property right, including but not limited to
the extent to which such vested property right restricts the Town's ability to apply future
legislatively adopted fees and regulations for the purpose of providing public infrastructure,
public services and public facilities and for the purpose of meeting evolving community needs;
(viii) The terms of any existing site specific development plans with development agreements for
the applicant's property that specify the duration of vested property rights;
(ix) Any proposed modifications to previously approved vested property rights to address
changed conditions within the Avon community, compliance with the Comprehensive Plan and
other community planning documents or performance of previously approved site specific
development plans; and
(x) Any other factors deemed relevant by the Council when determining to grant a vested
property right for a period greater than three (3) years.
Staff Response to Approval Guidelines
The request to extend the vested property rights to maintain the current approval of the
development plan is reasonable given the poor economic conditions since the 2009 approval
and the recent transaction to the new owner. In particular, Guidelines ii and iii above address
the economic reasons for granting the extension. It should be noted that there are no
substantive changes to the Avon Development Code that would cause a change to the
approved development plan if submitted today as a new submittal for review and approval. A
number of public amenities remain attached to the approved development plan including a
river access path, employee housing and right-of-way improvements that carries forward with
3
Case #CTA15001Ordinance 2015-11
the vesting extension, if approved. Lastly, the property has water rights for fifteen (15) S.F.E.’s
approved through a supplemental water lease agreement in 2009.
The three year extension request provides the new property owner with greater surety that
the development plan approval is locked-in so that construction documents can be prepared
for development of the site.
Staff Recommendation
Staff recommends APPROVAL of the Application to extend the vested property rights for
three (3) years as requested by the Applicant.
Proposed Motion:
“I move to approve Ordinance 2015-12 on first reading and setting a public hearing date of
December 8, 2015, thereby approving Case #VPR15001, an application to extend the vested
property rights for the Red House Property.”
Attachments
A: Draft Ordinance 2015-12
B: 2009 Annexation and Development Agreement
C: Red House PUD Development Plan
D: Applicant’s Extension Request Narrative
4
Case #CTA15001Ordinance 2015-11
TOWN OF AVON, COLORADO
ORDINANCE 2015-12
AN ORDINANCE AMENDING THE ANNEXATION AND
DEVELOPMENT AGREEMENT THEREBY EXTENDING
THE EXISTING VESTED PROPERTY RIGHTS FOR THE
RED HOUSE PUD PROPERTY LOCATED AT LOT 1,
EAGLE RIVER AT AVON SUBDIVISION, TOWN OF
AVON, STATE OF COLORADO
WHEREAS
, the Town of Avon(“Town”) is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS
,Dominic Mauriello, Mauriello Planning Group on behalf of Red House Avon,
LLC (“Applicant” or“Owner”) has submitted a Vested Property Rights Application
(“Application”) to amend the Annexationand Development Agreementapproved by Council
through Ordinance 09-07(“Development Agreement”),therebyamendingthe term of the
Development Agreement as defined in Section 3.1of Article III;and
WHEREAS
,the Application amendsSection3.1of Article III of the Development
Agreement to extend the expiration date for an additional three(3) years to then expire July 28,
2019;and
WHEREAS,
pursuant to Section 7.16.140(f), Extension of Vested Property Rights, the Town
Council finds the Application eligible for consideration since the Application was submitted at
least six (6) months prior to the expiration of the vested property rights; and
WHEREAS
,pursuant to Section 7.16.140(e)(2), Avon Municipal Code, the Town Council
has considered the applicable guidelines for the Application; and
WHEREAS
, the Town Council of the Town of Avon held public hearingsonNovember 17,
2015and December 8, 2015after posting notice of such hearing in accordance with the
requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all
comments provided before taking action; and
WHEREAS
, the Town Council makes the following specific findings as the basis for its
decision as required by Section 7.16.020(f)(3) of the Avon Development Code:
The Application meets the review criteria set forth in Section 7.16.140(e)(2), specifically:
(ii) and (iii) Property values and the real estate market experienced a significant downturn for
several years, commencing locally in early 2009 and continuing for several years during the
Ordinance No. 2015-12–Red House Vested Property Rights
FIRST READING -November 17, 2015
Page 1of 4
initial vested rights periodand market conditions for the construction of new multi-family
residential product have improved only recently;and,
(iv) There have been no changes to the Avon Comprehensive Plan or other community
planning documents that affect the project as originally approved in 2009; therefore, the project
continues to comply with the Avon Comprehensive Plan and other community planning
documents;and,
(v) The project has provided a portion of the required public amenities through the dedication
of land for recreation and preservation of the Eagle river and the terms of the Development
Agreement require additional amenities including road way improvements, school land
dedications, water rights dedications, landscaping improvements and employee housing
mitigation; and,
(vii) The extended duration of the vested property rights for an additional (3) years is
reasonable considering the local, state and national economic recovery and localmarket
conditions for new construction of multi-family residential product; and,
WHEREAS
, approval of this Ordinance on first reading is intended onlyto confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Codeby setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects,or denies the proposed zoning or other matters in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO,
the following:
Section 1.Recitals Incorporated
. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2.Red House Annexation and Development AgreementAmendment
.The Red
House Annexation and Development Agreement is hereby amended by replacing the language in
Article III –Term, Section 3.1 in its entirety to read as follows:
“3.1 Term. In recognition of the nature ofthe development contemplated under this
Agreement, the investment and time required to complete the development of the
Property, the potential for phased development of the Property, the possible impact of the
recent economic downturn and other economic cycles, and poor market conditions at the
time of approval, and in recognition of the current severity of the economic recession and
uncertainty of economic recovery, the term of the Vested Property Rights shall
th
commence on the Effective Date and shall continue through and including the tenth (10)
Term
anniversary of the Effective Date (“”)and shall expire on July 28, 2019. Expiration
Ordinance No. 2015-12–Red House Vested Property Rights
FIRST READING -November 17, 2015
Page 2of 4
or earlier termination of the Term shall not (a) affect any other obligations of the Parties
contained in the Agreement, (b) affect any right arising from the issuance of a building
permit (but limited to the building for which it is issued) or common law vested property
rights obtained prior to the expiration of the Term, or (c) without additional action, result
in the termination or rescission of any other legislative, quasi-judicial or administrative
approvals occurring prior to the expiration of the Term.”
Section 3.Correction of Errors
.Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 4.Severability
.If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5.Effective Date
. This Ordinance shall take effect thirty days after final adoptionin
accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6.Safety Clause
.The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7.Publication
.The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
\[EXECUTION PAGE FOLLOWS\]
Ordinance No. 2015-12–Red House Vested Property Rights
FIRST READING -November 17, 2015
Page 3of 4
INTRODUCED, APPROVED, PASSED ON FIRST READING ANDORDERED
POSTED
onNovember 17, 2015and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council onDecember 8, 2015, at 5:00 P.M. in the Council
Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado.
BY:ATTEST:
________________________________________________________
Jennie Fancher, MayorDebbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING
onDecember 8, 2015.
BY:ATTEST:
________________________________________________________
Jennie Fancher, MayorDebbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ordinance No. 2015-12–Red House Vested Property Rights
FIRST READING -November 17, 2015
Page 4of 4
October 19, 2015
Matt Pielsticker, AICP
Planning Manager
Town of Avon
One Lake Street
Avon, Colorado 81620
Re: Red House - Vested Rights Extension
Dear Matt:
Mauriello Planning Group is assisting the new owners of the Red House property located at Lot 1,
Eagle River at Avon, 38359 Highway 6, to extend the vested rights period another 3 years (the
typical statutory period). The property was purchased in September of this year by Gregg & Co.
Builders, a local building and development company that has been developing homes in the Vail
Valley for the past 25 years.
The Red House PUD, approved in 2009, provides for the development of 15 townhouse units in a
beautiful setting along the Eagle River. The project provides for many benefits to the Town
including the dedicating of land, easements, and pedestrian improvements along the Eagle River,
provisions for workforce housing, roadway improvements, and dedication of water rights.
PO Box 4777 970.376.3318
Eagle, Colorado 81631
www.mpgvail.com
According to the Annexation and Development Agreement for this PUD, the period of vested
rights for this PUD (a site specific development plan) will expire on July ??, 2016.
The new owners of the property expect to move forward expeditiously with development of the
project, but having just purchased the property and not having a firm understanding of construction
costs, the need for plan refinements, and the generally economic conditions that may exist in the
spring of 2016, they need the assurance of more time to make responsible decisions.
I think the Town is acutely aware of the sudden escalation of construction costs which can be
attributed to a variety of issues including loss of local labor pool during the economic downturn,
development pressure in the Front Range of Colorado, and increases in materials costs. These
conditions may prove to be short term and therefore an extension of the vested rights would allow
the new owners some relief in making hasty decisions. Having the vested rights in place for an
extended period gives the owners the assurance they need to feel comfortable planning the
development of this project.
We hope that you agree and can grant the extension requested.
Sincerely,
Dominic F. Mauriello, AICP
Principal
Adjacent Properties within 300 ft.
FOLSON, C. CRAIG
3612 MCFARLIN BLVD
DALLAS, TX 75205-1832
TOWN OF AVON
PO BOX 975
AVON, CO 81620-0975
VAIL CORP
THE FIXED ASSETS DEPARTMENT
390 INTERLOCKEN CRES STE 1000
BROOMFIELD, CO 80021-8056
THE ASCENT RESIDENCES HOMEOWNERS ASSOCIATION, INC.
EAST WEST RESORTS
PO BOX 5480
AVON, CO 81620
POINTS OF COLORADO INC
STARWOOD VACATION OWNERSHIP TAX DEPT
9002 SAN MARCO CT
ORLANDO, FL 32819-8600
RIVERFRONT RESORT & SPA OWNERS' ASSOCIATION
EAST WEST RESORTS
PO BOX 5480,
AVON, CO 81620
RIVERFRONT VILLAGE HOTEL, LLC,
P.O. BOX 2770,
AVON, CO 81620
25 HURD LANE LLC
8000 MARYLAND AVE STE 1120
CLAYTON, MO 63105-3919
AVON CROSSING HOMEOWNERS ASSOCIATION, INC.
BOLD PROPERTY MANAGEMENT SOLUTIONS
PO BOX 5800,
AVON, CO 81620
CANYON RUN ASSOCIATION
BILL MACFARLANE
P O BOX 915,
AVON, CO 81620
MPG
PO BOX 4777
EAGLE, CO 81631
October 22, 2015
Brian Garner
Town Planner
Town of Avon
One Lake Street
Avon, Colorado 81620
Re: Red House - Vested Rights Extension
Dear Brian:
We are providing this letter to supplement our vested rights extension request submitted to the
Town on October 20, 2015.
Pursuant to section 7.16.140(f) of the Development Code, a landowner may seek extension of
vested property rights by submitting a request for extension at least six month prior to the expiration
of the existing vested rights expiration. The request was submitted on October 20, 2015, and
therefore meets this requirement as the vested rights expire on July 28, 2016.
Vested rights give a landowner the assurance that he or she can invest significant funds into the
detailed building and construction plans required for development without the fear that the rules or
the project might change and cause significant financial hardship to the owner. This owner is in the
process of pursuing significant investment beyond the purchase of the property.
The Town spent a significant amount of time working with the previous owner of the property to
develop a plan that is consistent with the TownÈs goals and plans. By extending the vesting period
the Town is helping to realize the benefits of this project which include increased vitality of the
Town Core, enhanced revenues from real estate transfer tax, sales tax, and lodging tax, other public
improvements detailed below which might otherwise not occur without this assurance.
Since the rules have not changed since the approval and because the project has already provided
benefits to the Town (stream tract parcel dedication) there is really no significant reason not to
extend the vesting period and give the owner this assurance.
In granting the extension, the Town Council considers the guidelines contained in 7.16.140(e)(2).
Below we have provided a response to each of these guidelines in support of our request:
(i)The size and phasing of the development, specifically, but not limited to, whether the
development can be reasonably completed within the vested rights period;
Applicant Analysis:
The proposed development plan includes the construction of fifteen townhouses in three separate buildings.
Permits will be pulled for one building or more at a time. The project will likely be developed completely in
PO Box 4777 970.376.3318
Eagle, Colorado 81631
www.mpgvail.com
one continuous development phase or may include up to three phases. The applicant believes the project can be
started and completed within the extended vesting period.
(ii)Economic cycles and specifically but not limited to resort community economic cycles,
regional and state economic cycles and national economic cycles;
Applicant Analysis:
Avon and the Colorado resort market are just now exiting the impacts of the great recession. With the
transfer of ownership of the property having just occurred and the new ownership is evaluating the economics
of the project related to financing and construction costs. The extension of the vested rights period is
necessary to ensure the owners can develop when the economics of the project align over the next year or so.
(iii)
Market conditions and specifically but not limited to absorption rates for leasing and sales of
similar development projects;
Applicant Analysis:
The applicant believes that market conditions are favorable for the sale of townhouse style residential units in
this location and in the next couple of years. The economic downturn has created demand due to the lack of
supply for residential product just as consumers are starting to spend again. Labor supply is low and
construction costs are currently high due to downsizing in the area over the last 8 years but it is anticipated
that labor in the construction market will align with market.
(iv)Compliance with the Avon Comprehensive Plan and other community planning documents;
Applicant Analysis:
This development plan was found to be in compliance with the Plan when it was originally approved and that
document remains unchanged. Therefore the project continues to comply with the Plan.
(v)Proposed public amenities and benefits that enhance the project and the overall
attractiveness of the Avon community, including the degree to which such public amenities
and benefits are defined in terms of design, timeframe and phasing with development;
Applicant Analysis:
Several public benefits and amenities are included with the project. Some of those benefits have already been
realized including the dedication to the Town of land for recreation and stream tract enhancement.
Additional benefits include pedestrian access path development to the Eagle River, crosswalk on Highway 6
benefitting the community at large, and dedication of drainage easement across the subject property. The
project is also providing roadway improvements, school land dedication fees, water rights to serve the project,
landscape improvements, and employee housing in-lieu fees. The project design is providing a welcoming entry
to the Town of Avon with quality architecture and substantial landscaping. The project will help to
improve the vitality of the core of Avon with new residents and revenues.
(vi)
Projected public financial benefits or costs estimated to be caused by the development
project, including the timeframe for realization by the Town or other public entities and
potential costs for operation and maintenance of any new public amenities or infrastructure
dedicated to the Town or other public entities;
Applicant Analysis:
The project requires very little public participation in the operation and maintenance of the project. All of
the onsite improvements, include the access driveway, will be owned and maintained by the project itself.
While no official estimate of potential revenues has been made, the project will provide ongoing annual
revenues related to real estate transfer tax, property tax, sales tax from those living and spending within the
community, and potential for lodging tax from those short term leasing their units.
(vii)
The breadth and scope of the requested vested property right, including but not limited to
the extent to which such vested property right restricts the Town's ability to apply future
legislatively adopted fees and regulations for the purpose of providing public infrastructure,
public services and public facilities and for the purpose of meeting evolving community
needs;
Applicant Analysis:
The annexation and development agreement does not preclude the Town from applying legislatively adopted
fees and regulations which are general in nature, uniform in character and applicable to all property or class
of properties similarly situated to the project pursuant to sections 2.4 and 2.5 of the agreement.
(viii)
The terms of any existing site specific development plans with development agreements
for the applicant's property that specify the duration of vested property rights;
Applicant Analysis:
An annexation and development agreement was adopted for the Red House PUD. The agreement specifies
the term of the vesting period which is requested to be extended and which will be done by amendment to this
agreement pursuant to section 9.8 of the agreement.
(ix)
Any proposed modifications to previously approved vested property rights to address
changed conditions within the Avon community, compliance with the Comprehensive Plan
and other community planning documents or performance of previously approved site
specific development plans; and
Applicant Analysis:
Modification of the period of vested rights is being requested due to the recent change in ownership of the
property and the short period of time left in the vesting period. This is due to the lingering effects of the great
recession as discussed herein. The extension will not affect the projectÈs continued compliance with the Avon
Comprehensive Plan or any other planning documents of the Town. This extension will allow the owners to
perform on the previously approved site specific development plan.
(x)
Any other factors deemed relevant by the Council when determining to grant a vested
property right for a period greater than three (3) years.
Applicant Analysis:
No analysis required.
We look forward to working with you on this great project.
Sincerely,
Dominic F. Mauriello, AICP
Principal
M
HL
EMORANDUM
P
EIL AW
LANNING
&
,LLC
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 15-14 Qualifications of Council member and Planning and Zoning
Commission members
DATE: Nov. 12, 2015
Summary: Ordinance No. 15-14 is presented to Council to enact qualifications for Council members and
Planning and Zoning Commission members to not permit employment relationships. This ordinance is a
follow-up and supplement to Ordinance No. 15-05 which amended the Town Code of Ethics this summer.
Council previously provided direction tohave an ordinance prepared which would prohibit Council members
and Planning and Zoning Commission members from serving on Council and the Planning and Zoning
Commission when an employment relationship exists.
The ordinance would enact a new Chapter 2.34 in the Avon Municipal Code. The authority, reasoning and
definition of disqualification for employment relationships are set forth in the ordinance and are not
repeated in this memorandum.
Employment relationship is defined as the traditional employer and employee relationship as well as direct
supervisor and subordinate.This would not include Officials who are employees in the same organization
but do not have a direct supervisor and subordinate relationship. I have also included language to address
agents, consultants and contractors who are not ÅemployeesÆ as defined for federal tax purposes but do
have an economic relationship where one person compensates and directs another person. I am
suggesting a 10% total compensation formula so as not to include non-substantive business relationships.
For example, one member of Council hires another Council member who is a painting contractor for a
painting job à this should not result in both Council members to be disqualified. However, if one Council
member owns a painting company and hires another Council member as an Åindependent contractorÆ for
significant work (defined as exceeding 10% gross revenues) and to avoid the ÅemployeeÆ status, then such
relationship would meet the employment relationship test.
I have found no examples in Colorado or nationally of qualifications that prohibit employment relationships,
so I am not able to offer additional information on how such qualifications have worked in other
communities.
Proposed Motion: ÅI move to approve Ordinance No. 15-14 An Ordinance Enacting Chapter 2.34
Qualifications of Council Members and Planning and Zoning Commission Members of the Avon
Municipal Code on first reading and setting a public hearing on December 8, 2015 for second reading.Æ
Thank you, Eric
ATTACHMENT: Ordinance No. 15-14
Heil Law & Planning, LLC Office: 303.975.6120
3445 S. Clermont St. Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com
TOWN OF AVON, COLORADO
ORDINANCE NO. 15-14
SERIES OF 2015
AN ORDINANCE ENACTING CHAPTER 2.34 QUALIFICATIONS OF
COUNCIL MEMBERS AND PLANNING AND ZONING COMMISSION
MEMBERS OF THE AVON MUNICIPAL CODE
pursuant to C.R.S. ¤31-15-103 and ¤31-15-104, and pursuant to the home rule
WHEREAS,
powers of the Town of Avon (ÅTownÆ), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants;
Section 4.6(c) states that, ÅCouncil shall be the judge of . . . qualifications of its
WHEREAS,
own membersÆ;
the Avon Town Council established a Planning and Zoning Commission and set
WHEREAS,
forth the qualification of Planning and Zoning Commission members in Section 7.12.040 of the
Avon Development Code and has the authority to amend and supplement the qualifications of
Planning and Zoning Commission members; and,
the Avon Town Council finds that the disqualification of Council members and
WHEREAS,
Planning and Zoning Commission members with certain employment relationships will avoid the
appearance of conflicts of interest, avoid the potential for any inappropriate influence in the
performance of official duties and actions, and will promote the public confidence in the
integrity of Avon Town Council and Avon Planning and Zoning Commission;
approval of this Ordinance on First Reading is intended only to confirm that the
WHEREAS,
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
the following:
OF AVON, COLORADO
. The above and foregoing recitals are incorporated herein
Section 1.Recitals Incorporated
by reference and adopted as findings and determinations of the Town Council.
. Chapter 3.08 Sales Tax of the Avon Municipal Code is hereby
Section 2.Section Enacted
amended by enacting a new to read as follows:
Section 3.08.037 Temporary tax credit
CHAPTER 2.34 Ã Qualifications of Council members and Planning Commission members.
Å
Ord 15-14 Qualification of Council and PZC
FIRST READING - Nov 17, 2015
Page 1 of 3
(a)Disqualification for Employment Relationship. For the purpose of avoidance of any
appearance of a conflict of interest and for the avoidance of any potential for inappropriate
influence of elected or appointed officials arising from employment relationships, the following
additional qualifications shall apply to Council members and Planning Commission members:
(1)Definition. For the purposes of this Section (a) only, the following definitions shall apply:
Employment relationship means the following relationships between two or more persons:
employer and employee; direct supervisor and subordinate; and, owner and agent,
consultant or contractor where such relationship results in more than 10% of the gross
annual revenues of such agent, consultant or contractor.
Official means a Town Council members or a Planning and Zoning Commission member.
(2) Disqualification of Officials. In addition to other qualifications established by the home
rule charter, this municipal code and applicable statutes, an Official shall be disqualified to hold
a position on Council or the Planning and Zoning Commission if such Official has an
employment relationship with another Official on the same governing body or commission. If
such employment relationship exists at the time of election or appointment, such Official shall
not be qualified to be sworn in or commence serving the position. If such relationship arises
after such Official is elected or appointed, then such employment relationship shall be
disclosed at the next meeting of such governing body or commission and such Officials shall
not be permitted to vote on any matters. If such disclosed employment relationship continues
until the next meeting of the governing body or commission then both (or more) such Officials
shall be deemed disqualified and removed from the governing body or commission by motion
of the remaining members. Any member of the Council or Planning and Zoning Commission
may raise the question as to whether an employment relationship exists. The unaffected
members of the Council and Planning and Zoning Commission shall determine whether an
employment relationship exists as applied to specific facts and circumstances.Æ
. The codifier of the TownÈs Municipal Code,
Section 3.Codification Amendments
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
. If any provision of this Ordinance, or the application of such
Section 4.Non-severability
provision to any person or circumstance, is for any reason held to be invalid or enforceable, such
invalidity or effect shall render the entire ordinance void and not effective, it being the intention
of the Council that is this all provisions of this Ordinance are not severable and that Council
would not have adopted this Ordinance if any provision of this Ordinance is invalid or not
effective. As used in this Section, the term ÅprovisionÆ means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term ÅapplicationÆ means and
Ord 15-14 Qualification of Council and PZC
FIRST READING - Nov 17, 2015
Page 2 of 3
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
. This Ordinance shall take effect thirty (30) days after public
Section 5.Effective Date
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
. The Town Council hereby finds, determines and declares that this
Section 6.Safety Clause
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
. The Town Clerk is ordered to publish this Ordinance in accordance
Section 7.Publication
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
on November 17, 2015 and setting such public hearing for December 8, 2015 at the
HEARING
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
on December 8, 2015.
ADOPTED ON SECOND AND FINAL READING
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord 15-14 Qualification of Council and PZC
FIRST READING - Nov 17, 2015
Page 3 of 3
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: November 17, 2015
Topic: First Reading of Ordinance No. 15-13, An Ordinance Amending Section 8.25.030 of the
Avon Municipal Code, also known as the Avon Smoke Free Air Ordinance
SUMMARY:
At Town Council’s June 9, 2015 meeting, Ordinance No. 15-07 was passed on second reading, which
added a limitation to the Municipal Code in Section 9.40.050 (20) to read that: Smoking is not
permitted in the West Avon Preserve. Following the approval of Ordinance No. 15-07, Council directed
Town staff to conduct further research on what other municipalities have enacted in terms of smoking
prohibitions. In particular, Council directed staff to concentrate on identifying smoking bans in areas
such as municipal parks, open spaces, sidewalks and municipal-owned parking lots. Applicable
restrictions were found in the municipal codes of the Town of Breckenridge and the City of Ketchum,
Idaho, and were presented to Council at the July 28, 2015 Town Council meeting. An overview of these
restrictions is provided below:
Breckenridge, Colorado
In 2015, the Town of Breckenridge expanded its smoking ban to include more outdoor spaces.
The ordinance reads:
“5-9-3: GENERAL SMOKING RESTRICTIONS:
...
B. In order to reduce the levels of exposure to environmental tobacco and
marijuana smoke, smoking shall not be permitted and no person shall smoke in any of
the following outdoor areas:
1.The entryways of all buildings and facilities listed in subsection A of
this section;
2.Town-owned parks and open space areas;
3.Town-owned outdoor sporting and athletic fields and facilities;
4.The Town of Breckenridge public golf course grounds and
buildings, excluding the course of play;
5.The paved recreational pathway running generally northerly and
southerly within the town commonly known as the “bike path”;
and
6.Within a ten foot (10’) radius of a public transit facility waiting area.
(Ord. 4, Series 2015)”
Ketchum, Idaho
In 2013, the Town of Ketchum, Idaho passed a comprehensive local smoke-free ordinance.
Known as the Ketchum Smoke Free Air Ordinance, the ordinance defines public property as:
“Any and all lands owned by the city of Ketchum including all city parks and open spaces but
not including city rights of way.” The ordinance goes on to state:
PAGE 1 OF 3
“8.10.080: PROHIBITION OF SMOKING IN OUTDOOR AREAS:
Smoking shall be prohibited in the following outdoor public places:
A.On any “public property” as defined herein.
B.Within twenty feet (20’) of all designated bus stops.
C.On all school property, including public and private elementary, secondary,
vocational, and trade schools or colleges.
D.Within any designated “special event zone,” unless the “special event
zone” has a designated and delineated smoking area identified in an
approved Ketchum special event permit application. (Ord. 1105, 2013)”
Subsequently, Town Council expressed interest in considering additional smoking prohibitions and
directed staff to prepare an ordinance with two (2) options for consideration. These options are
addressed in this memorandum. Additionally, staff was asked to research bans or restrictions related
to electronic cigarettes (e-cigarettes) and that information is also provided in this memorandum.
OPTIONS:
The two options for consideration are described below:
Option 1: Outdoor smoking is not permitted in any Town park as defined in Section 9.40.010 or
on the Main Street Mall except in a designated outdoor smoking area that is approved by the
Town as part of a special event permit or private event permit.
Option 2: Outdoor smoking is not permitted on any and all lands owned by the Town of Avon
including all Town parks and open spaces but not including Town rights of way.
Under Option 1, an individual would still be allowed to smoke in the parking lots of the Avon Regional
Transit Facility, Town Hall, Recreation Center and Lot 5 outside of the twenty-five (25) foot smoke-free
perimeter, but not be allowed to smoke in any Town park. Section 9.40.010 defines park as “any Town-
owned property that is included in the Park zone district, Open Space, Landscaping and Drainage zone
district, or Planned Unit Development district with a designated park or open space use, and Town-
owned property that is otherwise designated by Council as park or open space.” Additionally, smoking
within the perimeter of the Main Street Mall would also be prohibited.
Option 2 would prohibit smoking on any land owned by the Town except town rights of way.
Therefore, smoking on sidewalks would still be permitted, while smoking in the parking lots of Town
Hall, the Recreation Center, Avon Regional Transit Facility and Lot 5 would not be permitted.
ADDITIONAL RESEARCH:
As previously mentioned, Council directed staff to conduct research on what other entities have
enacted in terms of e-cigarette prohibitions. In recent months, several municipalities have banned e-
cigarette use in some capacity. For example, the City of Costa Mesa, California, banned e-cigarette use
in its public parks, and the City of Janesville, Wisconsin, banned e-cigarette use on all city property,
including parks and trails. In September 2015, the National Park Service followed suit by announcing
that the use of e-cigarettes is banned anywhere smoking is prohibited on its landholdings.
PAGE 2 OF 3
IMPACT:
The biggest issue in considering an ordinance of this nature is enforcement. Chief Ticer will be at the
meeting to discuss the ability of his Department to enforce an ordinance of this nature.
PROPOSED MOTION:
I move to adopt Ordinance No. 15-13, An Ordinance Amending Section 8.25.030 of the Avon Municipal
Code, also known as the Avon Smoke Free Air Ordinance on First Reading with \[OPTION 1 LANGUAGE or
OPTION 2 LANGUAGE\].
ATTACHMENT:
Ordinance No. 15-13, An Ordinance Amending Section 8.25.030 of the Avon Municipal Code, also
known as the Avon Smoke Free Air Ordinance
PAGE 3 OF 3
TOWN OF AVON, COLORADO
ORDINANCE NO. 15-13
SERIES OF 2015
AN ORDINANCE AMENDINGSECTION8.25.030OF THE AVON
MUNCIPAL CODE,ALSO KNOWN AS THE AVON SMOKE FREE AIR
ORDINANCE
WHEREAS,
the Avon Town Council believes that amendments to Section8.25.030 of the
Avon Municipal Code will protect the public health and the rights of nonsmokers to breathe
clean air by prohibiting smoking in parks and the Main Street Mall or on all Town lands
including all Town parks and open spaces but not including Town rights of way; and,
WHEREAS,
the Avon Town Council finds that amendments to Section 8.25.030 of the
Avon Municipal Codewill enact appropriate restrictions on smoking in Town parks and open
space and on the Main Street Mall;and,
WHEREAS,
the Town Council findsthat amendment to Section 8.25.030of the Avon
Municipal Code to prohibit outdoor smoking inparks and the Main Street Mall or on all town
landsincluding all town parks and open spaces but not including town rights of waywill
promote the health, safety and 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 state law, the Avon Municipal Code and the Avon Home
Rule Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence regarding the application and that approval of this Ordinance on first
reading does not constitute a representation that the Town Council, or any member of the Town
Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO
the following:
Section 1.Recitals Incorporated
. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2.Amendment to Section 8.25.030–Application of Chapter to Town-owned
facililies.
Avon Municipal Code Section 8.25.030 is hereby amended by adopting language
depicted by underline as depicted belowand made part of this Ordinance:
8.25.030-Application of Chapter to Town-owned facilities and lands.
(a)All facilities, including buildings and vehicles owned by the Town, shall be subject to
the provisions of this Chapter. No person shall smoke in any motor vehicle owned or
operated by the Town; in any public meeting room or during any public meeting held
in any building owned or operated by the Town; or in any entranceway, steps,
porticos or other area adjacent to, but which is on the exterior of, a building owned or
Ord 15-13Prohibiting Outdoor Smoking on Town Property
November 17, 2015 –FIRST READING
Page 1of 3
operated by the Town except as set forth herein or as otherwise designated as an
allowed outside smoking area by the Town Manager.
OPTION 1 LANGUAGE:
(b)Outdoor smoking is not permitted in any Town park as defined in Section 9.40.010 or
on the Main Street Mallexcept in a designated outdoor smoking area that is approved
by the Town as part of a special event permit or private event permit.
OPTION 2 LANGUAGE:
(c)Outdoor smoking is not permitted on any and all lands owned by the Town of Avon
including all Town parks andopen spaces but not including Town rights of way.
Section 3.Codification Amendments
. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration,and grammatical errors.
Section 4.Severability
. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5.Effective Date
. This Ordinance shall take effectthirty (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6.Safety Clause
. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7.No Existing Violation Affected
. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
Ord 15-13Prohibiting Outdoor Smoking on Town Property
November 17, 2015 –FIRST READING
Page 2of 3
such ordinance or provision thereof so amended, repealed, or superseded bythis Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8.Publication
. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTEDON FIRST READING AND REFERRED TO PUBLIC
HEARING
onNovember 17, 2015 and setting such public hearing for December8, 2015at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY:ATTEST:
________________________________________________________
Jennie Fancher, MayorDebbie Hoppe, Town Clerk
ADOPTEDON SECOND AND FINAL READING
onDecember8, 2015.
BY:ATTEST:
________________________________________________________
Jennie Fancher, MayorDebbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord 15-13Prohibiting Outdoor Smoking on Town Property
November 17, 2015 –FIRST READING
Page 3of 3
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancherandthe Avon Town Council
From: Jane Burden, Transit Superintendent
Date: November 10, 2015
Agenda Topic: Colorado Mountain Purchasing Consortium Procurement
Agreement
____________________________________________________________________________
INTRODUCTION:
The Transit Department would like to enter into a large vehicle purchase
agreement with the Colorado Mountain Purchasing Consortium, “CMPC”for a five year period
(2015-2020).
BACKGROUND:
The Townof Avon Transit Department has worked for the past year with
eleven (11) other transit agencies to form a vehicle purchasing consortium made up of rural
transit agencies like ourselves. This consortium will allow vehicle purchasing at “bulk rates”,
with a set yearly price adjustment, and a competitive vendor bidding process. The “CMPC” has
been approved by the Federal Transit Administration (FTA) and the Colorado Department of
Transit (CDOT). Eagle County will be the Program Administrator for the consortium with
administrative costs of six hundred dollars ($600.00) per vehicle procurement.
The Town of Avon will secure rights to purchase up to five (5) vehicles between 2015 and 2020
should Federal/State vehicle grant proceeds be available based on the current Town of Avon
Vehicle Replacement Schedule. The Agreementdoes not obligate the Town to purchase a bus,
but is necessary to place Avon in the queue for bus replacements.
STAFF RECOMMENDATION:
Staffrecommends approval of thepurchasing agreement
betweenthe Town of Avon and Eagle County Government under the Colorado Mountain
Purchasing Consortium.If Council agrees, the action is:
I move to approve the Agreement between Eagle County Government and the Town of Avon
Concerning the Purchase of Large Transit Buses under the Colorado Mountain Purchasing
Consortium Procurement
AGREEMENT
BetweenEagle County Governmentand the Town of Avon
Concerning the Purchase of Large Transit Busesunder the Colorado Mountain
Purchasing Consortium Procurement
This Agreement is between Eagle County Government(“County”) and the Town of Avon
(“Agency”) (referred to together as the “Parties”) regarding their respective roles and
responsibilities and any assumptions tied to the Colorado Mountain Purchasing
Agreement between
Consortium (“CMPC”) procurement and vehicle purchase from the
Eagle County, Colorado and GILLIG, LLC, awarded under CMPC-15-LTB-RFP, as
Contract #:CO-34-0001.AVON.
The partiesagreeto and understand the following:
A.The Procurement. County, Agency and other transit partners are working
together to bring improved transportation purchasing coordination for large transit
busesover a period of five years (2015-2020). Eagle County led a procurement, in
conjunction with partnering agencies and through the CMPC, to provide 29 to 40 foot
vehicle sizes, alternative fuel type options (CNG), and options including low floor
design, trolley façade design, varied other cardinal changes, as well as training,
warranty, and service (the “Procurement”). The Procurement complied with federal and
state requirements to allow the purchase of said vehicles using federal and state grant
dollars. GILLIG, LLC(“Vendor”)was the successful respondent and is authorized to sell
to the CMPC agenciesthe quantitiesof vehicles during the fiscal years as set forth
below.
B.Agency Procurement Rights.Subjectto individual agency budgeting and
appropriation requirements, Agency is authorized under the Procurement and has
committed to purchase the quantity of Transit Busesas follows:
Purchasing Fuel Vehicle June CYCYCYCYJan. -Total
AgencyTypeSize–Dec. 2016201720182019June By
20152020Agency
City of AspenDiesel35’-40’0300137
City of GreeleyCNG35’-40’42425017
Eagle CountyDiesel40’21174015
Mesa CountyCNG30’-35’0101114
Town of AvonDiesel35’0200215
Town of
Diesel29’2000002
Breckenridge
Page 1 of 4
Town of
Diesel32’0320005
Breckenridge
RFTADiesel35’-40’0617720252
Summit CountyDiesel40’00518317
Town of
Snowmass Diesel29’0210216
Village
University of
Diesel35’2020015
Wyoming
Total102032184312135
C.Purchase Agreements: In order to purchase any vehicle through the CMPC,
Agency will execute the PurchaseAgreement in the form shown in Exhibit A,
contracting directly with Vendor in accordance with approved grant timelines. Eagle
County will assume no risk, have no liabilities or other responsibilities associated with
the purchase of any vehicle. Agency will not make any Cardinal Changes in a Purchase
Agreement with Vendor. Agency recognizes that Cardinal Changes will result in a
violation of FTA procurement regulations and will not be available for purchase under
the Procurement.
D.Other Agency Responsibilities:
1.Agency will be solely responsible for all vehicle inspections, maintenance,
and operations for vehicles it purchases under the Procurement. Eagle County
and the CMPC willassume no risk or liability with respect to vehicle purchases
made by Agency.
2.Agency will take delivery of vehicle at their individual agency location.
3.No later than December 31, of each year, Agency will send written notice
to the County and the CMPC Program Administrator regarding Agency’s intent to
purchase the quantity of vehicles herein listed for Agency for the succeeding
year. If Agency does not intend to purchase the quantity(ies) set forth for the
succeeding year, or fails to make such purchase during said fiscal year, Agency
has the option to either roll the quantity forward to the following year or
relinquish the right to purchase that quantity for use by another consortium
memberor agency outside the consortium through the assignability clause.
Agency is not financially responsible for any quantity(ies) relinquished.In its sole
discretion as lead agency in the CMPC Procurement, Eagle County has the right
to assign relinquished vehicle quantities to other consortium members on an
annual basis or other transit agencies as deemed appropriate. Beginning on
Page 2 of 4
January 1, 2020, in its sole discretion, Eagle County has the authority to assign
unused quantities as deemed appropriate whether such quantities have been
relinquished or not.
F.CMPC Program Administrator:
1.County maintains a contract directly with the CMPC Program
Administrator. The CMPC Program Administrator will work with Vendor and
Agency to complete contract administrative activities to include working with
Vendor on paperwork requirements, tracking orders through delivery, follow up
to make sure all reimbursement paperwork is correct for CDOTand/or FTA,
annual contract negotiationand meeting with Vendor to discuss price increases
and performance issues, and completing an annual independent cost estimate to
substantiate price increases
.
Agencyagrees to share the program administrative costs by paying
2.
County six hundred dollars ($600.00)per vehicle actually orderedfrom Vendor
under the Procurement. This payment will help to defray a portion of the
upfront and on-going CMPC administrative costs that County has and will incur
as lead agency for the CMPC. Agency agrees to pay its full share of the
administrative costs, directly to County,no later thanthe time of vehicle delivery.
Agency has the option to be billed for and pay multiple administration fees either
at the time, or in advance, of delivery of buses ordered for a given year.
3.If Agency wishes to engage the CMPC Program Administrator for any
additional services outside the scope of Paragraph F(1) of this Agreement,
Agency agrees to contract directly with the CMPC Program Administrator.
th
This Agreementis dated 15day of October, 2015by and between:
Agency Name: Town of Avon
______________________________
Agency representative
Page 3 of 4
COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY
COMMISSIONERS
By:______________________________
NAME, Chairman
Attest:
By: _________________________________
NAME, Clerk to the Board
Page 4 of 4
TA,C
OWN OF VON OLORADO
AMMT,N10,2015
VON EETING INUTES FOR UESDAY OVEMBER
ATH,OLS
VON OWN ALL NE AKE TREET
1.CO&RC
ALL TO RDER OLL ALL
Mayor Fancher called the meeting to order at 5:03 p.m. A roll call was taken and Council members present
were Sarah Smith Hymes, Scott Prince, Megan Burch, Matt Gennett and Jake Wolf. Buz Reynolds arrived at
5:10 p.m. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Town Engineer Justin
Hildreth, Police Chief Bob Ticer, Executive Assistant to the Town Manager Preston Neill and Town Clerk
Debbie Hoppe.
2.AA
PPROVAL OF GENDA
There were no changes to the agenda.
3.PC
UBLIC OMMENT
Peter Buckley and Angelo Loria commented.
4.P–ECGD(MM)
ROCLAMATION AGLE OUNTY IVES AY ICHELLE ALONEY
I
5. A
CTION TEMS
5.1.PSD,PPLL1BBCS
RESENTATION OF CHEMATIC ESIGN URCHASE RICE FOR AND AT OT UCK REEK UBDIVISION AND
CP,FO2016CSD
THE ONVEYANCE ARCEL INANCING PTIONS AND A ONSTRUCTION TART ATE
(TMVE)
OWN ANAGER IRGINIA GGER
Peter Buckley, David Standjord, Tab Bonidy and Angelo Loria commented.
5.2.FRON.15-10,OAC3.08A
IRST EADING OF RDINANCE O AN RDINANCE MENDING HAPTER OF THE VON
MCS3.08.037TSTC
UNICIPAL ODE TO ENACT ECTION TO PROVIDE A EMPORARY ALES AX REDIT FOR THE
ISP(TAEH)
NSTALLATION OF OLAR ANELS OWN TTORNEY RIC EIL
Jason Weingast commented.
Councilor Gennett moved to continue First reading of Ordinance No. 15-10, an Ordinance Amending Chapter
3.08 of the Avon Municipal Code to enact Section 3.08.037 to provide a Temporary Sales Tax Credit for
the Installation of Solar Panels; Councilor Reynolds seconded the motion and it passed unanimously by
those present.
5.3.AATMPSA
CTION TO UTHORIZE THE OWN ANAGER TO EXECUTE A ROFESSIONAL ERVICES GREEMENT FOR THE
DMWWEBCB
ESIGN OF IKAELA AY AND THE EST AND AST EAVER REEK OULEVARDS FOR IMPROVED
W,BR,O-P,TVTL
ALKABILITY ICYCLE IDERSHIP NSTREET ARKING RANSIT AND EHICULAR RAVEL ANES
(TEJH)
OWN NGINEER USTIN ILDRETH
Peter Buckley commented.
Councilor Burch moved to authorize the Town Manager to execute a Professional Service Agreement
for the design of Mikaela Way and the West and East Beaver Creek Boulevard for improved Walkability,
Bicycle Ridership, On-street Parking, Transit and Vehicular Travel Lanes; Councilor Smith Hymes
seconded the motion. The motion did not pass with a vote of 3 to 4 against authorizing the Town
Manager to execute the Professional Service Agreement. Mayor Pro Tem Wolf, Councilor Prince,
Councilor Gennett and Councilor Reynolds voted no.
Final - Avon Council Meeting 11-10-2015 Minutes.doc Page 1
TA,C
OWN OF VON OLORADO
AMMT,N10,2015
VON EETING INUTES FOR UESDAY OVEMBER
ATH,OLS
VON OWN ALL NE AKE TREET
6.CA
ONSENT GENDA
6.1.1.A2015AEL(ATMSW)
PPROVAL OF UDIT NGAGEMENT ETTER SSISTANT OWN ANAGER COTT RIGHT
6.1.2.AO27,2015RMM(TCDH)
PPROVAL OF CTOBER EGULAREETING INUTES OWN LERK EBBIE OPPE
6.1.3.ALAEVLDCM
PPROVAL OF ICENSE GREEMENT FOR AGLE ALLEY IBRARY ISTRICT TO ONSTRUCT A ONUMENT
STG(TPBG)
IGN ON RACT OWN LANNER RIAN ARNER
Councilor Reynolds moved to approve the consent agenda; Councilor Gennett seconded the motion
and it passed unanimously by those present.
7.MRRMAURAM–SA
OTION FOR ECESS OF EGULAR EETING FOR VON RBAN ENEWAL UTHORITY EETING EE TTACHED
A
GENDA
Mayor Fancher moved to recess the Regular Meeting and enter into the Avon Urban Renewal Authority
Meeting; Councilor Reynolds seconded the motion and passed unanimously by those present. The time
was 7:03 p.m.
8.MRRM
OTION TO ESUME THE EGULAR EETING
Mayor Fancher moved to resume the Regular Meeting, Councilor Gennett seconded the motion and it
passed unanimously by those present. The time was 7:20
I
9.A
CTION TEMS
9.1.RN.15-21,AUATCWURP
ESOLUTION O MENDING THE SES IN THE VON OWN ENTER EST RBAN ENEWAL LAN
A(TAEH)
REA OWN TTORNEY RIC EIL
Councilor Burch moved to approve Resolution No. 15-21, A Resolution Adopting Minor Modifications to
the Avon Town Center West Urban Renewal Plan; Councilor Gennett seconded the motion and it passes
unanimously by those present.
10.CMU:CM
OMMITTEE EETING PDATES OUNCILORS AND AYOR
11.M&CC
AYOR OUNCIL OMMENTS
12.WR
RITTEN EPORTS
13.ES(T)DPA
XECUTIVE ESSIONHIS SESSIONIS NOT OPEN TO THE PUBLIC ISCUSSION OF THE URCHASE AND CQUISITION
RPIC.R.S.§24-6-402(2)(A)CTA
OF A EAL ROPERTY NTEREST UNDER AND A ONFERENCE WITH THE OWN TTORNEY
PORLA C.R.S.§24-6-402(2)(B)R
FOR THE URPOSE F ECEIVING EGAL DVICEUNDER RELATED TO SUCH EAL
PDPDPRM
ROPERTY ISCUSSION AND FOR THE URPOSE OF ETERMINING OSITIONS ELATIVE TO ATTERS THAT MAY BE
N,DSFN,/IN,
SUBJECT TO EGOTIATIONS EVELOPING TRATEGY OR EGOTIATIONS ANDOR NSTRUCTING EGOTIATORS
C.R.S.§24-6-402(2)(E)RPD
UNDER RELATED TO SUCH EAL ROPERTY ISCUSSION
Mayor Fancher moved to meet in Executive Session for the purpose of a Discussion of the Purchase
and Acquisition of a Real Property Interest under C.R.S. §24-6-402(2)(A) and a Conference with the
Town Attorney for the Purpose Of Receiving Legal Advice under C.R.S. §24-6-402(2)(B) related to such
Final - Avon Council Meeting 11-10-2015 Minutes.doc Page 2
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Real Property Discussion and for the Purpose of Determining Positions Relative to Matters that may be
subject to Negotiations, Developing Strategy For Negotiations, and/or Instructing Negotiators, under
C.R.S. §24-6-402(2)(E) related to such Real Property Discussion; Councilor Reynolds seconded the
motion and it passed unanimously by those present.
The time was 7:24 p.m.
Executive session ended at 7:46 p.m. Council reconvened into regular session.
Council reconvened into regular session at 7:55 p.m.
Council went into Executive Session again at 8:50 p.m.
Mayor Fancher moved to meet in Executive Session as stated on the Agenda. Councilor Gennett moved
to go back into Executive Session; Councilor Prince seconded the motion and it passed unanimously by
those present.
Council reconvened into regular session at 9:41 p.m.
14.AI
CTION TEMS
14.1.RASAIAJ
EVIEW AND CTION ON THE ECOND MENDMENT TO THE NTERGOVERNMENTAL GREEMENT FOR A OINT
F-PSFSD,PPL
IREOLICE TATION ACILITY TO ACCEPT THE CHEMATIC ESIGN TO SET THE URCHASE RICE FOR AND
L1BBCSCP,2016
AT OT UCK REEK UBDIVISION AND THE ONVEYANCE ARCEL AND TO ALLOW FOR A
CSD(TAEH)
ONSTRUCTION TART ATE OWN TTORNEY RIC EIL
14.2.RRASMBPD’
EVIEW AND ECOMMENDED CTION TO ET A AXIMUM UDGET FOR THE OLICE EPARTMENTS
PSF,OF
RELOCATION TO THE UBLIC AFETY ACILITY INCLUDING PTIONS FOR UNDING
(TMVE&SW,ATM)
OWN ANAGER IRGINIA GGER COTT RIGHT SSISTANT OWN ANAGER
Councilor Gennett moved to table the remaining items 14.1 and 14.2; Councilor Reynolds seconded the
motion and it passed unanimously by those present.
Final - Avon Council Meeting 11-10-2015 Minutes.doc Page 3
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15.A
DJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 9:43 p.m.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
Final - Avon Council Meeting 11-10-2015 Minutes.doc Page 4
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: John Curutchet, Director of Recreation
Date: November 5, 2015
Re: Recreation Department update on Nottingham Park playground, Dog Park, joint use recreation
th
pass, program highlights and the 20anniversary of the Avon Recreation Center
BACKGROUND
In June 2015, the Town of Avon released a Request for Proposals for the design and construction of a new signature
playground, Destination Jump, Splash, Learn in Nottingham Park. The summer season also introduced a trial effort of
an off-leash dog activity area on the north side of the park. Also new for summer 2015 was a collaborative effort with
Eagle-Vail to introduce a joint use recreation pass for activities offered by Eagle-Vail Metro Rec District and the Town
of Avon Recreation Department.
The Recreation Department continues its ongoing effort with recreation program development and new offerings.
th
anniversary of the opening of the Avon Recreation Center.
This fall also marks the 20
SUMMARY
The Town of Avon released a Request for Proposals on June 23, 2015 for the design and construction of Destination
Jump, Splash, Learn, a signature playground. Also included in the request was the desire to work with Avon
Elementary School to rebuild their playground with the goal of creating synergy between the school site and Jump,
Splash, Learn in Nottingham Park. Four firms responded with proposals and three were selected for interviews. The
five member playground selection committee selected Churchich Recreation from Niwot Colorado. The Churchich
Recreation, LLC team includes: Norris Design Landscape Architecture, Evans Chaffee Construction and FPM Grants-
Project Management and Consulting Services.
A “kickoff” meeting between the Churchich group the Town of Avon playground committee was held November 9,
2015. Meetings with Avon Elementary School staff, parents and student body will follow to begin the public input
process. Spring 2016 will extend meetings and charrette exercises to the Avon community with the goal of final
design and review being complete by July 2016. The extensive, Great Outdoors Colorado grant will be submitted with
confidence in November 2016 with the goal of breaking ground in the spring of 2017.
The scope of work will include the demolition and removal of all equipment from the current playground site in
Nottingham Park and the Avon Elementary School Site. Site work will be done with relative ease on the school site
leading to the new features and fall zone material being installed. Destination Jump, Splash, Learn playground at
Nottingham Park includes relocation to the area where the picnic shelter currently exists, so the site work effort may
be more extensive. Once site work is completed the new play systems and interactive stream and water features will
be constructed.
Use of Nottingham Park from dog owners was in high demand this summer. Several dog owners expressed a desire
to have off-leash opportunities for their pets. An area on the north side between the sediment pond and fishing pier
was created and signed temporarily for dog owners to enjoy as an off-leash area daily from 6:00 a.m. to 9:00 a.m.
Feedback from the community has been positive so the decision has moved forward to create permanent signage
that will designate that area for off leash dog activity seven days per week from 6:00 a.m. to 9:00 a.m. After 9:00
a.m., town leash laws will go back into effect.
June 2015 introduced the “Summer Activity Passport.” The $95.00, 1o punch card could be used for admission to the
Avon Recreation Center, admission to the Eagle-vail Swimming Pool, one round of golf at the Eagle-Vail par three golf
course or a paddleboat rental on Nottingham Lake. Punch card sales were low this summer, but staff believes the idea
and product is worthy of another attempt for 2016. We will plan to have the punch card ready well before summer
and ensure a more aggressive marketing campaign supports the sales effort.
Matt Koch, a new full time Youth and Adult Program Coordinator joined the Recreation Department in July 2015.
Matt’s experience, energy and excitement for program development have delivered many positive changes in the
programs division. Matt worked with both Avon Elementary School and Homestake Peak School to develop an
afterschool program that is more desirable and beneficial to parents and students. The participation in our after
school program has more than doubled from what we experienced last year. The positive experience in our after
school program that the students and parents receive has also reflected well on our school’s out camps, which have
filled to capacity this fall.
Adult programs begin each fall with our drop in sports series. We work with Avon Elementary School to offer indoor
pickleball, volleyball, spikeball and basketball. Numbers in basketball and volleyball programs are very solid, but
pickleball has really taken off. We are experiencing 30+participants in our Monday night drop in pickleball program.
The wide range of ages all playing together and enjoying the activity is encouraging to see. The popularity and
excitement surrounding pickleball is so high that we are working with the players to find another day and time to
expand playing opportunities.
The group fitness and wellness schedule has been completely revamped. Several new Yoga classes have been added
as well the addition of nine new fitness classes that include: Tabata, HIIT, (high intensity interval training), Tai Chi and
“boot camp” style classes. Response to the updated schedule has been very positive. Participation numbers across
the spectrum of classes have increased significantly.
th
November 11, 2015 marks the 20anniversary of the opening of the Avon Recreation Center. Staff is planning a free
day event on December 3, 2015 to commemorate our anniversary. We are excited to showcase the many upgrades,
increased amenities and improvements we have made. Eldorado Climbing Walls Company plans to attend and will
offer climbing demonstrations and giveaways. The Recreation Department will present “retro” prices from 20 years
ago on all passes and punch cards sold that day.
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