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TC Council Packet 11-10-2015 Updated TA,C OWN OF VON OLORADO AMT,N10,2015 T OWN OF VON EETINGS FOR UESDAY OVEMBER RMB5:00PM EGULAR EETING EGINS AT URMBA7:05PM RBAN ENEWAL EETING EGINS AT PPROXIMATELY ATH,OLS VON OWN ALL NE AKE TREET RMB5:00 EGULAR EETING EGINS AT PM 1.CO&RC ALL TO RDER OLL ALL 2.AA PPROVAL OF GENDA 3.PC–CWILA UBLIC OMMENT OMMENTS ARE ELCOME ON TEMS NOT ISTED ON THE FOLLOWING GENDA 4.P–ECGD(MM) ROCLAMATION AGLE OUNTY IVES AY ICHELLE ALONEY 5.AI 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 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 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 ARKINGRANSIT AND EHICULAR RAVEL ANES (TEJH) OWN NGINEER USTIN ILDRETH 6.CA ONSENT GENDA 2015AEL(ATMSW) 6.1.1.A PPROVAL OF UDIT NGAGEMENT ETTER SSISTANT OWN ANAGER COTT RIGHT 6.1.2.AO27,2015RMM(TCDH) PPROVAL OF CTOBER EGULAR EETING 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 7.MRRMAURAM–SA OTION FOR ECESS OF EGULAR EETING FOR VON RBAN ENEWAL UTHORITY EETING EE TTACHED A GENDA 8.MRRM OTION TO ESUME THE EGULAR EETING I 9.A CTION TEM 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 10.CMU:CM OMMITTEE EETING PDATES OUNCILORS AND AYOR 11.M&CC AYOR OUNCIL OMMENTS 12.WR RITTEN EPORTS S(T)DPA 13.E XECUTIVE ESSION HIS SESSION IS 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 _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 1 TA,C OWN OF VON OLORADO AMT,N10,2015 T OWN OF VON EETINGS FOR UESDAY OVEMBER RMB5:00PM EGULAR EETING EGINS AT URMBA7:05PM RBAN ENEWAL EETING EGINS AT PPROXIMATELY ATH,OLS VON OWN ALL NE AKE TREET 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 AT L1BBCSCP,2016C OT UCK REEK UBDIVISION AND THE ONVEYANCE ARCEL AND TO ALLOW FOR A ONSTRUCTION SD(TAEH) TART ATE OWN TTORNEY RIC EIL RRASMBPD’ 14.2. EVIEW AND ECOMMENDED CTION TO ET A AXIMUM UDGET FOR THE OLICE EPARTMENTS PSF,OF RELOCATION TO THE UBLIC AFETY ACILITYINCLUDING PTIONS FOR UNDING (TMVE&SW,ATM) OWN ANAGER IRGINIA GGER COTT RIGHT SSISTANT OWN ANAGER 15.A DJOURNMENT _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 2 TA,C OWN OF VON OLORADO AMT,N10,2015 T OWN OF VON EETINGS FOR UESDAY OVEMBER RMB5:00PM EGULAR EETING EGINS AT URMBA7:05PM RBAN ENEWAL EETING EGINS AT PPROXIMATELY ATH,OLS VON OWN ALL NE AKE TREET RMB5:00 EGULAR EETING EGINS AT PM 1.CO&RC ALL TO RDER OLL ALL 2.AA PPROVAL OF GENDA 3.PC–CWILA UBLIC OMMENT OMMENTS ARE ELCOME ON TEMS NOT ISTED ON THE FOLLOWING GENDA 4.P–ECGD(MM) ROCLAMATION AGLE OUNTY IVES AY ICHELLE ALONEY 5.AI CTION TEMS 5.1.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 AT L1BBCSCP,2016C OT UCK REEK UBDIVISION AND THE ONVEYANCE ARCEL AND TO ALLOW FOR A ONSTRUCTION SD(TAEH) TART ATE OWN TTORNEY RIC EIL RRASMBPD’ 5.2. 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 5.3.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 5.4.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 ARKINGRANSIT AND EHICULAR RAVEL ANES (TEJH) OWN NGINEER USTIN ILDRETH 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 EGULAR EETING 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 7.MRRMAURAM–SA OTION FOR ECESS OF EGULAR EETING FOR VON RBAN ENEWAL UTHORITY EETING EE TTACHED A GENDA 8.MRRM OTION TO ESUME THE EGULAR EETING 9.AI CTION TEM 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 10.CMU:CM OMMITTEE EETING PDATES OUNCILORS AND AYOR 11.M&CC AYOR OUNCIL OMMENTS R 12.W RITTEN EPORTS _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 1 TA,C OWN OF VON OLORADO AMT,N10,2015 T OWN OF VON EETINGS FOR UESDAY OVEMBER RMB5:00PM EGULAR EETING EGINS AT URMBA7:05PM RBAN ENEWAL EETING EGINS AT PPROXIMATELY ATH,OLS VON OWN ALL NE AKE TREET 13.ES(T)DPA XECUTIVE ESSION HIS SESSION IS 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 14.A DJOURNMENT _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 2 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: November 10, 2015 Topic: Proclamation Honoring Eagle County Gives Michelle Maloney with the Vail Valley Charitable Fundwill present to the Avon Town Council information regarding Eagle County Gives. The Town Council is asked to consider adopting the attached Proclamation that supports Colorado Gives Day on Tuesday, December 8, 2015. According to its supporters, this is a statewide day of philanthropy where citizens are encouraged to “Give Where You Live” by logging onto www.coloradogives.org and investing in local charitable organizations. The sixth annual Colorado Gives Day takes place midnight to midnight on Tuesday, December 8, 2015. Colorado Gives Day is a project of an online resource created by Community First Foundation that profiles Colorado non-profits and encourages charitable giving within our state. The Colorado Gives website, www.coloradogives.org, provides comprehensive, objective, and up-to-date information about hundreds of Colorado non-profit organizations, along with an on-line donation system to support those organizations. Last year, Colorado Gives Day raised $26.2million for Colorado charities in one 24-hour period, and $772,541 locally. PROCLAMATION Town of Avon, Colorado COLORADO GIVES DAY WHEREAS, charitable giving in the Town of Avon, Colorado is critical to providing support that local nonprofit organizations need to make our community a desirable place to live; and WHEREAS, research shows an increase in online giving both locally and nationally, and many believe it is the future of philanthropy; and WHEREAS, Community First Foundation and FirstBank have partnered in an effort to increase charitable giving in our community through the online giving initiative Colorado Gives Day; and WHEREAS, Colorado Gives Day in 2014 raised $26.2 million in a single 24-hour period via online donations, $772,541.00 to Eagle County nonprofits, at coloradogives.org, a website allowing donors to direct their contributions to one or more of the thirty-six (36) local, Eagle County, charities featured on the site, making it an ideal resource for facilitating charitable giving to our locally-based nonprofit organizations; and th WHEREAS, Colorado Gives Day is December 8 this year, and all citizens are encouraged to participate because all donations, large or small, can make a difference to nonprofits in need. NOW, THEREFORE, LET IT BE KNOWN: The Town of Avon, Colorado, hereby proclaims Tuesday, December 8, 2015 as Colorado Gives Day in our community. Mayor Jennie Fancher On behalf of the Town of Avon, Colorado TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Eric Heil, Town Attorney Chief Bob Ticer Virginia C. Egger, Town Manager Date: November 5, 2015 Agenda Topic: Action on the Second Amendment to the Intergovernmental Agreement for a Joint Fire- Police Station Facility to accept the Schematic Design, to set the Purchase Price for Land at Lot 1B Buck Creek Subdivision and the Conveyance Parcel, and to allow for a 2016 Construction Start Date BACKGROUND On May 28, 2013, the Avon Town Council reviewed all Town-owned properties for current uses and projected facility needs. From this initial session, the need to address the deficiencies of the current Town Hall has been an active topic over the course of the past 2.5 years. Chief Bob Ticer’s Town Council Report, provided as Appendix A: Public Safety Facility Background, Need & Parking Study, summarizes chronological benchmark dates and activities, which have led to the decision before Council on th November 10, to continue with the design and plans for relocating the Avon Police Department to a joint Public Safety Facility with the Eagle River Fire Protection District. As listed in Appendix A, the Town Council at its October 27, 2015, Study Session selected, from five (5) program options on two sites, a preferred option. The preferred option is summarized as follows: Relocation of the Avon Police Department into a joint Public Safety Facility with the Eagle River Fire Protection District on Lot 1B Buck Creek Subdivision, which is on Nottingham Road at Buck Creek Road A facility design meets the police facility needs for the full-build out of the Town, as studied and summarized in the Town Hall Facility Assessment and Space Needs Analysis, August, 2015 The facility is being construction for a 50-year life The design provides a 22-space parking garage, 10,546 square feet of dedicated police administration and operational space, with a sally port, and 4,346 square feet of shared space, plus an additional 14 surface parking spaces to meet parking demand The following table presents the preferred option and details costs for two construction commencement dates. The architects and engineers believe that 90% Design Documents and the General Contractor’s pricing can be completed by February 1, 2016, which would facilitate, if funding is approved on May 3, 2016, a July 1, 2016 construction start. The other start date is for April 1, 2017, which adds an additional estimated cost of $750,000 to the project. PUBLIC SAFETY FACILITY - AVON POLICE DEPARTMENT UPDATED - NOVEMBER 5, 2015 ESTIMATED PROJECTS COSTS @ SCHEMATIC DESIGN SCENARIO 1SCENARIO 2 START DATE JULY 1, 2016START DATE APRIL 1, 2017 22 GARAGE PARKING SPACES;22 GARAGE PARKING SPACES; +14 SURFACE PARKING SPACES +14 SURFACE PARKING SPACES FACILITY Level One - Administration, Sally Port & Operations Space 659659 SF Level One - 22 Parking Spaces SF8,5538,553 Level Two - Administration and Operations SF9,8879,887 TOTAL SQUARE FEET - POLICE ONLY19,09919,099 Shared Space Level 1, 2 & 3 4,346 @ 50%2,1732,173 TOTAL SQUARE FEET - ALL PARKING, ADMINISTRATION 21,27221,272 & OPERATIONAL NEEDS CONSTRUCTION COSTS Contractor's Estimate on SD Plans $6,013,356$6,013,356 Construction - Facility Subtract Valuation Engineering - Police$169,350$169,350 Subtract Valuation Engineering - Shared $533,372$533,372 SUB-TOTAL AFTER VALUE ENGINEERING$6,716,078$6,716,078 Estimated additional costs for 2017 Start DateNA$750,000 TOTAL CONTRACTOR'S COST ESTIMATE FOR FACILITY$6,716,078$7,466,078 Cost per SF$315.72$350.98 PARKING, FEES, TAXES & SOFT COSTS Addition of 14 Surface Parking Spaces$54,921$54,921 Fire District Impact FeeTBDTBD Town of Avon Sales TaxNet ZeroNet Zero Town of Avon Building PermitNet ZeroNet Zero State 12.9%) & County (1.5%) Sales Taxes$147,754$164,254 Other Soft Costs, utility fees, dewatering, survey, $308,224$308,224 signage, IT, moving, legal etc. & FFE SUB-TOTAL PARKING, FEES, TAXES & SOFT COSTS$510,899$527,399 TOTAL ESTIMATED CONSTRUCTION COSTS$7,226,977$7,993,477 Owner's Contingency (10%)$722,698$799,348 Land - Maximum Estimate (5)$852,000$852,000 Design Fees$305,550$305,550 TOTAL COST ESTIMATES$8,384,527$9,151,027 Page 2 ACTION BEFORE THE TOWN COUNCIL Review and action on the attached Second Amendment to Intergovernmental Agreement for A Joint Fire- nd Police Station Facility between the Town of Avon and the Eagle River Fire Protection District, (IGA 2 Amendment) is recommended for the purposes of: a.Accepting the Schematic Design: The Schematic Design presented as Exhibit A: Bubble Diagrams – Original SD Package to nd Amendment is the culmination of work since April, to meet the the attached IGA 2 program needs of both entities, and to provide for the layout on Lot 1B. The Schematic Design serves as the basis for the estimated costs of construction, which are presented in the table above. Mutually accepting the Schematic Design is important for finalizing the direction for the next design phase. Meeting Town Codes: The Schematic Design: Meets all required setbacks Building Height - The Town Council approved Ordinance 15-04, changing the zoning of Lot 1B from PUD \[residential\] to the Public Facilities (PF) zone district in order to accommodate police and fire land uses. The building, as designed, will require a Comprehensive Plan amendment for the ERFPD training tower, which will exceed the maximum building height limit of 40 feet, by approximately 10 – 15 feet. At the time of the Development Plan application, an accompanying Comprehensive Plan amendment application must processed concurrently to substantiate the height of the building. It should be noted that the previous PUD zoning for the Fire District permitted 45’ height with 55’ tower on the adjacent Lot 1A. Council action is required for the Comprehensive Plan approval. Appendix B - Public Safety Facility Traffic & Parking Analysis summarizes the findings that the Schematic Design will not cause the Level of Service to fall below an acceptable level and that parking needs can be met on site. The parking space projections for the Police Department build-out are summarized in Appendix A of Chief Ticer’s Report. b.Setting the Purchase Price for Land required at Lot 1B Buck Creek Subdivision and the Conveyance Parcel for needs of the Police Department: Attorney Eric Heil and Town Manager Virginia Egger worked with ERFPD Owner’s Representative Todd Goulding on a variety of approaches to value the land needed by respective parties for the building and parking. Appendix C – Land Purchase Variables for Determining Price summarizes the variables for the various scenarios. nd A land purchase price of $852,042.33 is recommended in the IGA 2 Amendment There are two key assumptions included in the price calculation: #1 - To construct the building, as shown in the Schematic Design, an additional parcel must be purchased from Nexcore LLC to meet building footprint and setback requirements. Known as the Reconveyance Parcel, this parcel’s cost, $170,202.00, is added to the cost of Lot 1B, $1,682,063.94, for a total land cost of $1,852,265.94. The sum is treated as a full cost of land versus being treated as an additional cost to Avon for building on the site. #2 - No costs incurred by the ERFPD for the financing of the Lot 1B/Lot 1A COP defeasance or bridge loan are charged to Avon Page 3 ***At the time of preparing this Report, the ERFPD Board of Directors had not reviewed the selected land price scenario, provided comment on the two key assumptions or agreed to the price recommended by staff. Todd Goulding did notify Board President Jennifer Carmell Hays and Fire Chief Karl Bauer of the calculation. c.Allowing for a 2016 Construction Start Date: The IGA stated that if all financing and approvals were in place construction could commence by the second quarter of 2017. Both entities have realized that it may be possible to commence construction as early as July 1, 2016, which is anticipated to save costs. No other changes are recommended to the IGA at this time. A separate recommendation to consider setting a maximum budget is included on the November 10, 2015, Council Agenda as a subsequent action. Included with the budget recommendation is information on funding options. RECOMMENDED MOTION: Action to approve or approve with amendments or deny is as follows: “I move to approve/approve with amendments/deny the Second Amendment to the Intergovernmental Agreement for a Joint Fire-Police Station Facility to accept the Schematic Design, to set the Purchase Price for Land at Lot 1B Buck Creek Subdivision and the Conveyance Parcel, and to allow for a 2016 Construction Start Date”. Attachments Second Amendment to the Intergovernmental Agreement, with Exhibits A and B Appendix A: Public Safety Facility Background, Need & Parking Study Appendix B - Public Safety Facility Traffic & Parking Analysis Appendix C – Land Purchase Variables for Determining Price Page 4 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT Second AmendmentEffective Date (“”) is made and entered into on November 10,2015,(“”)by Avon the Town of Avon, a home rule municipal corporation of the State of Colorado(“”) and the EagleRiver Fire Protection District, a quasi-municipal corporation and political subdivision of Fire the Stateof Colorado organized under Title 32 of the Colorado Revised Statutes (“ DistrictPartiesParty ”)(collectively, the “,”and each individually a “”). RECITALS WHEREAS ,the Parties have entered into an Intergovernmental Agreement for a Joint Fire- Police Station Facility Between the Town of Avon and the Eagle River Fire Protection District IGA (“”), dated April 28, 2015; and, WHEREAS , the Parties have entered into a MEMORANDUM OF AGREEMENT REGARDING COST SHARING FOR PROGRAMMING, DESIGN AND PRE- CONSTRUCTION MANAGEMENT OF A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION MOA DISTRICTdated June 9, 2015 (“”); and, WHEREAS , the Parties have approved a schematic design for the Joint Public Safety Facility and desire to determine the apportionment of cost for the acquisition of land and update and adjust the apportionment of costs and amend such other terms of the IGA as set forth in this Second Amendment; and, WHEREAS , Paragraph 14 provids that Parties may amend the IGA; and, WHEREAS , this Second Amendmentis authorized pursuant to §29-1-201 and §30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. NOW THEREFORE , in consideration of the covenants and mutual agreementscontained herein, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by the Parties,the Parties hereto agreeas follows: 1.Effective Date. This Second Amendmentshall commence on the Effective Date. 2.Defined Terms. Capitalized terms used herein and not defined herein shall be as defined in the IGA and MOU. 3.Apportionment of Land Costs. The land for the Joint Public Safety Facility shall include Lot 1B, Buck Creek Subdivision,Filing No. 1, Avon, Coloradoand the Reconveyance Exhibit A: Bubble Diagrams –Original SD Package Parcel depicted as the “Buyback” area in to this Second Amendment. Parties agree that the cost of the land shall be apportioned using a formula based on the proportionate share of the use by each party “at grade” as depicted in the Exhibit B: At Grade Site Use Analysis attached ,as follows: ERFPD-Avon Second Amendment November 10, 2015 Page 1of 3 At Grade Use Approach + 50/50 Shared Land Split $1,682,063.94 Cost of Acquisition of Lot 1B, Buck Creek Subdivision Filing No. 1, Avon, CO $170,202.00 Cost of Reconveyance Parcel $1,852,265.94 TOTAL LAND COST Area and Share of Use AT GRADE TOTAL LAND AREA 89,050 Fire 25.00% 22,263 Police 17.00% 15,139 ERFPD AT GRADE Proportionate Land Cost $463,066.49 TOA AT GRADE Proportionate Land Cost $314,885.21 51,649 Remaining Shared Land and Unused Land Fire 50.00% 25,825 Police 50.00% 25,825 ERFPD Proportionate Land Cost $537,157.12 AVON Share of Land Cost $537,157.12 ERFPD SHARE OF TOTAL LAND COST= $1,000,223.61 AVON SHARE OF TOTAL LAND COST= $852,042.33 $1,852,265.94 Avon’s share of the land cost,in the amount of $852,042.33, shall not be increased without an amendment to theIGA. 4.Schematic Design Layout. The Parties agree that the schematic design layout depicted in Exhibit A: Bubble Diagram –Orginal SD Package shall be used for additional design work, cost estimating, and additional pre-construction work. Although the Parties acknowledge that additional revisions to the schematic design layout may occur during the design process, each Party agrees that no changes to the schematic design layout that adversely affects the design, construction, programming or expected maintenance and operation cost of either Party shall be made unless the adversely affected Party agrees to such change in writing and by amendment to the IGA to adopt a new schematic design layout. 5.Construction Schedule. The Parties acknowledge that construction costs are expected to increase over the next 12 to 18 months and therefore the Parties agree to consider and pursue, to the extent feasible as determined by each Party, an accelerated construction schedule permitting construction to commence in 2016. 6.Other Terms in Full Force and Effect. All other terms in the IGA shall remain in full force and effect. EXECUTION PAGE FOLLOWS \[\] ERFPD-Avon Second Amendment November 10, 2015 Page 2of 3 EXECUTED as of the date first written above. TOWN OF AVON, COLORADO BY:ATTEST: ___________________________________________________________________ Jenny Fancher, MayorDebbie Hoppe: Town Clerk APPROVED AS TO FORM: ____________________________________ Eric J. Heil, Esq., Avon Town Attorney EXECUTED as of the date first written above. EAGLE RIVER FIRE PROTECTION DISTRICT BY:ATTEST: _________________________________________________________________ Jennifer Cartmell Hays, ChairpersonClark Shivley, Secretary APPROVED AS TO FORM: ____________________________________ James P. Collins,Esq. ERFPD-Avon Second Amendment November 10, 2015 Page 3of 3 APPENDIX A TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Robert L. Ticer, Chief of Police Date: November 10, 2015 Agenda Topic: PSFB,N&PS UBLIC AFETY ACILITY ACKGROUND EED ARKING TUDY Chronology of Meetings Specific to PSF: May 28, 2013 Work Session - Council reviews all Town-owned properties. June 2014 Town begins to work on feasibility of Lots 1A & 1B for a joint Public Safety Facility August 2014 Nexcore interest launches site feasibility work February 20, 2015 Council directs staff to complete Town Hall Space Needs Assessment & Facility Condition Assessment and to develop an RFP for an area plan including Nottingham Park, Town Hall, Fire Station, and Main Street Mall February 25, 2015 All deal points completed for PSF, including Town Loan. Press Release announces the program April 28, 2015 Council approves IGA with ERFPD August 12, 2015 PSF Open House conducted at Town Hall with ERFPD August 25, 2015 Town Hall Space Needs Assessment & Facility Condition Assessment, completed by SEH, is presented to Town Council, which is adopted, includes options for renovation or relocation of Town Hall, including a Joint Public Safety Facility October 13, 2015 Public Charrette & Council Study Session – Stan Clauson Associates, consultant to the Town develop Tract G, Lot 5, and Swift Gulch land use options, including the relocation of the Police Department to the PSF, with Council and community members by staff October 27, 2015 Council Study Session – Tract G, Lot 5, and Swift Gulch land use options were discussed and evaluated for relocation of the Police Department. Five options for design and estimated costs were discussed and Council selects a preferred option of a 22-car parking garage, with 12,719 square feet of administration and operational space, plus 14 above ground parking spaces th for final consideration on November 10 STATEMENT OF NEED AND PROJECTIONS FOR THE RELOCATION OF THE AVON POLICE DEPARTMENT Current Police Operations at 1 Lake Street: Current operations for the Avon Police Department are located in the basement of the Municipal Building located at 1 Lake Street, Avon, CO. The Police Department, which consists of twenty full- time employees, has been located at this site for over thirty years. Original staff for the Police Department at the time of move-in was less than half of current staffing. Over the last several decades the facility has been redesigned and remodeled multiple times to reduce stress of cramped quarters and attempted efforts to align programming. The Police Department has three major programs: Patrol; Investigations; and Administration. Due to limited space, the investigations function has been moved from the current Police Department to the main floor of the Municipal Building, adjacent to the Town Clerk’s Office. The Administrative Program, which includes Property/Evidence, is located in five separated areas throughout the building and is not conducive to work flow. Patrol Operations are housed in the main section of the Department with very constrained work stations. The two patrol sergeants are housed in what is believed to be an old closet measuring 17 feet by 5 feet. The twelve patrol officers share three work stations near the small scale, multi-functional community room, separated by a patrician. Twenty-four parking spaces are allocated for the Police Department, which are designed for police vehicles, staff parking, and public usage. This is an unsecured parking lot that is dissected by a two- lane roadway between Lake Street and the West Municipal Parking lot. Administrative staff, on a daily basis, is required to cross this busy roadway throughout business hours to conduct vehicle inspections for the public. Relocation of the Police Department to the Joint PSF at Buck Creek: For most of 2015, the ERFPD and the Town of Avon have been working on the concept of a shared Police/Fire Joint PSF at the Buck Creek/Swift Gulch location. Extensive work has gone into spatial analysis of current and future needs of the Police Department, strategic location for the two public safety buildings, architectural design, programming, and construction. Housing both fire and police operations together creates a positive economy of scale by incorporating a shared lobby, multi-usage training/community/incident command room, physical fitness training room, electrical systems, plumbing, and heating and ventilating systems, to name a few. Location of Joint PSF: The Buck Creek location is very central for operations in Avon and will allow rapid response to many locations such as Wildridge, Mountain Star, Interstate 70, Traer Creek, and the Central Business Core. Response from the current Police Department location requires officers to respond through an area often constrained by pedestrians, bicyclists, children, traffic, and attendees at events in Nottingham Park. For these reasons, response times are lessened. Secure Parking: It is recommended that for a future public safety building, secure parking is made available for police vehicles and police staff. This is critical for homeland security reasons and eliminates potential criminal tampering and vandalism. Secondly, weather wear and tear on police vehicles will be Page 2 reduced with covered parking. Marked patrol vehicles begin to show weather wear and tear within a year or so and re-marking totals nearly $2,500 per vehicle. The Police Department is a highly visible function of town government and worn vehicles distract from the overall positive image. Lastly, during heavy snow fall, officers spend critical time removing snow from emergency vehicles prior to response to community emergencies. Police Department Parking Study: The current fleet of the Avon Police Department is 18, to include three trailers. With future growth, the projection for the fleet is 23. During most of the time there are at least 6 personal vehicles belonging to Police Department Staff. It is anticipated that during future growth of the town, this number could be as high as 9 personal vehicles parked at the Police Department. In summary, a total of 32 parking spaces are projected for future build-out. Currently, the Avon Police Department has 24 spaces allocated, including 1 handicapped space. These spaces are utilized for employee parking, police vehicle parking, and the public. The average of filled spaces on a day-to-day basis at the 1 Lake Street Police Department location is 20.2. Guest parking for the Buck Creek location would be in the proposed unsecure parking to the north of the building, which as designed would support the community. Rotation of parking factors to consider for current operations: Evenings-The Chief, Deputy Chief, Detective Sergeant, Detective, and 2.5 non-sworn staff are generally not working, so this would open 7 spaces. At least 1 radar trailer will generally be deployed, which opens a space. Most times, 1 patrol sergeant will be off duty, while the other is on duty, which opens up a space. With on-going operations, 1 or 2 vehicles will more than likely be in the field at any given time, and we must also factor into vacation time, sick leave, and meetings offsite. Taking into these considerations, it is practical to believe that for current operations, there will be at any given time between 12 and 23 vehicles occupying secure parking. For future operations (full build out) we can anticipate between 20 and 31 vehicles occupying space. The high numbers of 23 and 31 respectively, would not be for normal day-to-day operations, instead, I would anticipate the actual day-time number to be closer to 16 and 24 respectively Additional space for current and future operations: During the design of the Buck Creek PSF, no new programs are being added to the Avon Police Department, with the addition of some additional space to house a total of 30 employees for expected population growth of Avon. This additional space includes one additional detective office, one additional patrol sergeant office, and three additional open shared desk space to be shared by six new patrol officers. Expansion of Space and Work Flow Programing: In addition to the aforementioned additional space, the patrol officers work space is designed so each open area will have shared desk space for two officers, which will allow desk space and a filing Page 3 drawer for each officer. Six shared work spaces are needed for current operations, with an additional three needed in the future as stated above. One additional shared space is needed for current volunteers and visiting officers. Currently, evidence is housed in five locations within the Police Department. A new design places this function into one central location. Investigations would be moved back onto the same floor that patrol operations is housed. The lobby would be designed for program flow to ensure that victims and general public are separated from crime suspects or sex offenders registering. Additionally, a small interview room adjoining the lobby for intake of minor crime reporting or private discussions with the public is needed. Schematic Plan: The Davis Partnership Original SD Bubble Diagrams as presented indicating police operations on the first and second floors of the three-story rendering, which includes the 22 space underground secure parking, in my view is an excellent option, and meets the needs of full future build out. Page 4 APPENDIX B TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Date: November 5, 2015 Topic: Public Safety Facility Traffic & Parking Analysis Traffic As part of the rezoning reviews of Lot 1A and Lot 1B, Buck Creek Subdivision, a traffic analysis was conducted earlier this year by the transportation planning firm Felsburg Holt & Ullevig. The traffic modeling took into account the construction of the 45,000 sq. ft. Medical Office Building on Lot 1A and an estimated 18,000 sq. ft. fire station and 13,500 sq. ft. police station on Lot 1B. The study found that the access onto Swift Gulch Road would continue to operate at an acceptable Level of Service (LOS) at buildout. Based on an analysis of the projected build out conditions, the following recommendations were made to mitigate traffic impacts and safety concerns regarding the curve in Swift Gulch Road: Install a Curve and Access warning sign on westbound Swift Gulch Road approximately 200 feet in advance of the police and fire station access point. Install Chevron signs through the curve along westbound Swift Gulch Road adjacent to site. Periodically monitor traffic conditions at the intersection of Nottingham Road/Swift Gulch and construct a roundabout when delays exceed acceptable limits. This improvement would be anticipated in the long range future, as development along Nottingham Road approaches buildout. The safety measures would be installed when developing the joint public safety facility. If future conditions warrant a roundabout at the Nottingham Road and Swift Gulch Road intersection the right-of-way is found to be adequate for construction. A cost sharing agreement would be required with adjacent land owners for construction. Parking The Avon Development Code contains minimum parking standards in Table 7.28-2 for most general land uses (i.e. retail, residential). For uses not listed in Table 7.28-2, including police and fire operations, uses are determined by the Director. The Director is authorized to require the submittal of a parking demand study that justifies estimates of parking demand. A parking demand study was provided by the Police Chief and the Fire District to satisfy this requirement and rationalize current and future parking demands for the project. APPENDIX C COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia Egger, Town Manager Date: November 5, 2015 Land Purchase Variables for Determining Price Topic: The Intergovernmental Agreement for a Joint Fire-Police Station Facility between the Town of Avon and The Eagle River Fire Protection District, dated the April 298, 2015, states the following, 8. SaleandConveyanceofPortionofLot1BtoAvon. IfthePartieshaveagreedonaJointFacility DesignandhavesecuredConstructionFinancingashereinaboverequired,thenitis theintentoftheFireDistricttosell andconveythatportionofLot1BtoAvonwhichisrequired toservethePoliceStationfacilityasshallbe mutuallydetermined,alongwithapartywallagreement;whichmayincludecommonareasofjointownership includingbutnotlimitedto:drivewayaccess,parking,hallways,receptionareas,breakrooms,bathrooms,and meetingroomspace;andwhichmayincludeacombinationofadeededportionofLot1Bandcommon ownership;or,mayincludeotherpropertyownershipinterestsasmutuallydetermined appropriatebytheParties. ThePartiesagreethatAvon’sproportionateshareshallbeappliedto thetotalcostofacquisitionofLot1Bby ERFPDandsuchamountshallnotbeadjustedfor appreciation,depreciationorfairmarketvalueappraisal. Town Attorney Eric Heil and the ERFPD Owner’s Representative and I met to discuss and work together as staff to develop a methodology to determine the price for a sale of a proportionate share of Lot 1B to the Town of Avon. Aided with Overall Site Areas mapping (attached), in addition to the respective square footages for Police, Fire and Shared spaces, we evaluated three approaches: 1.Square Footage Approach – This approach would take total square footages respectively and apply these sums to the Lot 1B total square foot total of 89,090. This approach failed to fully account for the volume of the fire bays (i.e., not counted as square feet) and tended to require more detailed allocations for parking, driveways, landscaping. Square feet calculations were found to be excellent for calculating design and construction costs, but not as good for a land purchase methodology. 2.Use Coverage Approach – This approach utilized the site area needed for each level of the building. Categorized as the “pancake building” methodology, the calculations work well, but quickly revealed that changes to the design could drastically affect the amount of land needed – this was especially true for the Fire Department. 3.At Grade Use Approach – Utilizing the Overall Site Areas at Grade, this approach yielded the most reliable methodology when considering it reduced the variability in quantifying the entire building. The following page provides examples of the Use Coverage and At Grade Approaches. Key in this work is the assumption that Avon is not responsible for any financing costs of Lot 1A, something the ERFPD has requested ($738,000 in total) and that the Reconveyance Parcel should be added to the Lot 1B parcel as a total square foot sum rather than being charged predominantly to Avon as a separate parcel. None of the work yielded a perfect mathematical formula, but rather a set of assumptions and reasonable approaches, which will still need to be negotiated with the ERFPD. Staff will be able to present the work at the Council meeting. Land Cost 1B Land Acquisition w/o bond cost of issuance$ 1,682,063.94 Reconveyance Parcel Cost $ 170,202.00 TOTAL LAND COST $ 1,852,265.94 Avon Share of Reconveyance Parcel proposed by ERFPD$ 123,348.00 Use Coverage Approach (i.e. Pancake) + 50/50 Shared Land Split $ 1,852,265.94 Land Cost (reconveyance parcel included) Land Area BuildingTOTAL LAND AREA89,050 Fire21.60%19,235 Police11.50%10,241 ERFPD Proportionate Land Cost$ 400,089.44 TOA Proportionate Land Cost$ 213,010.58 Balance of Land 59,574 Fire50.00%29,787 Police50.00%29,787 ERFPD Proportionate Land Cost$ 619,582.96 TOA Proportionate Land Cost$ 619,582.96 TOTAL FIRE LAND SHARE$ 1,019,672.40 TOTAL POLICE LAND SHARE$ 832,593.54 $ 1,852,265.94 At Grade Use Approach + 50/50 Shared Land Split $ 1,852,265.94 Land Cost (reconveyance parcel included) Land Area BuildingTOTAL LAND AREA89,050 Fire25.00%22,263 Police17.00%15,139 ERFPD Proportionate Land Cost$ 463,066.49 TOA Proportionate Land Cost$ 314,885.21 Balance of Land 51,649 Fire50.00%25,825 Police50.00%25,825 ERFPD Proportionate Land Cost$ 537,157.12 TOA Proportionate Land Cost$ 537,157.12 TOTAL FIRE LAND SHARE$ 1,000,223.61 TOTAL POLICE LAND SHARE$ 852,042.33 $ 1,852,265.94 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Assistant Town Manager Virginia C. Egger, Town Manager Date: November 5, 2015 Agenda Topic: Review and Recommended Action to Set a Maximum Budget for the Police Department’s relocation to the Public Safety Facility, including Options for Funding The Schematic Design and general contractor pricing, with contingencies added, is a good indication of what the costs will be for the relocation of the Police Department to the Public Safety Facility. Staff recommends Council consider setting a maximum budget at this time to guide the continuing design of the facility. The cost differential, in the Estimated Project Costs @ Schematic Design table provided in the Second Amendment to the IGA report, is a result of the construction timing. Key to the construction start, obviously, is having funding secured. Scott Wright’s attached memo summarizes three options for funding: Certificates of Participation (COP), General Obligation Bonds supported with a property tax or a blend of a COP Issue to Mill Levy Election. Debt Service projections are provided for the Estimated Project Costs @ Schematic Design - Scenario 1 and Scenario 2 in the table below. Debt Service is provided for both COP and General Obligation property tax financing options. Certificates of Participation: As Scott points out in his memo, staff is recommending that debt service for a COP issue not exceed the historic $450,000 per year that has been supported over the past 15 years from real estate and sales taxes. Applying this maximum debt service level recommendation, the information indicates that to use Certificates of Participation, real estate transfer/sales taxes can only be support a 30-year debt term. That selection is highlighted in yellow. The options to use real estate/sales taxes are to increase the annual debt service above $450,000 or to cap the project budget to approximately $8,500,000. General Obligation Bonds: The Town will complete the Series 2004 bonds with a final payment in 2016. The mill rate for that debt is 3.251. Scott’s memo indicates that a new mill rate, if General Obligation debt is pursued, will be lower for the maximum Public Safety Facility budget than the current mill rate which will be see a final payment in 2016. DEBT SERVICE November 6, 2015 SCENARIO 1SCENARIO 2 START DATE JULY 1, 2016START DATE APRIL 1, 2017 22 GARAGE PARKING SPACES;22 GARAGE PARKING SPACES; +14 SURFACE PARKING SPACES +14 SURFACE PARKING SPACES TOTAL COST - BOND PROCEEDS$8,384,527$9,151,027 DEBT SERVICEDEBT SERVICETICDEBT SERVICETIC 30 YEARS COP (average interest rate)447,9153.18%488,1563.18% G.O. (average interest rate)432,2102.93%471,1832.92% 25 YEARS COP (average interest rate)494,7473.02%539,3063.02% G.O. (average interest rate)479,2352.76%522,5232.76% 20 YEARS COP (average interest rate)567,6352.79%618,9892.79% G.O. (average interest rate)552,8702.53%602,8182.53% 15 YEARS COP (average interest rate)697,6732.48%760,6812.48% G.O. (average interest rate)682,8092.22%744,6942.22% ACTION BEFORE THE TOWN COUNCIL If Council wishes to set a maximum budget for the Police Department relocation, the date for commencement of construction should first be considered. Setting a maximum budget can be done by motion and vote. It is not, however, a requirement of moving forward with the design. Page 2 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: November 5, 2015 Agenda Topic: Financing Options – Joint Fire-Police Station Facility As previously discussed with Town Council, there are generally two types of financing available for a project of this type and magnitude – General Obligation Bonds, and Certificates of Participation. This memo attempts to direct the conversation of the pros and cons of each type of financing and recognize that certain other decisions may impact the type of financing available. Certificates of Participation (COPs) COPs are a lease-financing mechanism where a government enters into an agreement to make regular lease payments for the use of an asset over some period, after which the title for the asset transfers to the government. The asset is used as collateral for the debt and interest rates are determined generally based on the quality and public need for the asset and the credit rating of the government. COPs have been used successfully by the Town in the past, including the construction of the Fleet Maintenance Facility, the construction of the Avon Regional Transportation Facility and the purchase of the Sherwood Meadows condominium units for employee housing. One of the decisions that will drive the type of financing for the Project will be the start date of construction. It is anticipated that the Fire District will have a ballot question at their next general election, which is in May, 2016. Assuming the District’s ballot question is passed by the voters, a construction cost advantage exists the sooner the project is able to be started. Some cost estimates are as high as $1.5 million if the Project start is delayed until 2017. Based on this information, it may be advantageous, as far as construction costs, for the Town to issue COPs concurrently with a Fire District bond issuance so as to be able to begin the project July, 1, 2016. One of the other guiding decisions is whether or not to refer a ballot question regarding the issuance of COPs to the Avon electorate. Since the government can decide, at any time, to discontinue the lease, COPs do not constitute a multi-year fiscal obligation and so can be issued without voter approval. This is a political consideration to be debated. Because COPs are not considered constitutional debt, an election could be held on any date, not just on the Town’s general election held in November, the TABOR date. Finally, there is an affordability amount that the Town Manager and myself are comfortable with based on the level of previous debt that the Town paid through real estate transfer tax. That amount is approximately $450,000 in debt service annually. The table below shows the net proceeds generated based on the term and interest rate of the particular issuance based on that $450,000 1| Page annual amount. With an estimated total cost of $8,562,527 for a July 1, 2016 project start, the debt service with a COP issue would need to be a term of 30 years. Interest Net Proceeds Avg. Annual Issuance Term Rate Available DebtService COP20 years .65%-3.25%$6,685,000 $447,262 COP25 years .65%-3.45% $7,685,000 $447,568 COP30 years.65%-3.50% $8,490,000 $447,392 In summary, the pros and cons of issuing COPs are as follows: Pros Can be issued with or without voter approval, therefore better matching a desired project start date. Collateral for the debt is the asset itself, therefore it is not necessary to raise taxes to pay the annual debt service. Cons Issuance of bonds without an election has been shown to be politically controversial and a divisive issue within the community of Avon. Asset must be considered essential to Town services. Without a dedicated revenue source for the annual debt service, COPs can encumber and restrict the resources of a local government, especially in down times. Interest rates can be slightly higher that general obligation bonds depending upon the governments credit rating. General Obligation Bonds A general obligation bond (GO bond) is a common type of municipal bond in the United States that is secured by a state or local government's pledge to use legally available resources, including tax revenues, to repay bond holders. The Town currently has one outstanding GO bond that will mature in 2016 and was originally issued in 1996 to construct the Avon Road roundabouts. GO bonds are considered to be constitutional debt and in Colorado can only be issued with voter approval. The State constitution only allows ballot questions for the issuance of GO bonds to be on the State general election date or the local district biennial election, or the first Tuesday in November of odd-numbered years. The difficulty with GO bonds as related to the Joint Fire-Police Station Facility is the above-mentioned election date and the construction cost risk in having to wait to start construction until 2017 due to having to request voter-approval in November, 2016. 2| Page The table below shows the annual debt service based on a April 1, 2017 bond issuance date and the required mill rate necessary to be pledged as repayment on the bonds. Also shown is the annual property tax cost to a homeowner based on a home valued at $500,000. April 1, 2017 Start Date: Total Cost: $9,151,027 Avg. Annual Property Interest Avg. Annual Mill Rate Tax on $500,000 Issuance Term RateDebt Service Required Home GO Bond 20 year 2.53% $602,818 3.092 $123.06 GO Bond 25 year 2.76% $522,5232.680 $106.66 GO Bond 30 year2.92%$471,183 2.417 $96.20 The Town has one last debt payment on the Series 2004 General Obilgation Refunding bonds, which were issued to finance the Town’s roundabouts in 1996. The mill rate is 3.251. The mills presented above, indicate a lower mill rate is needed for the maximum cost estimate than the expiring debt rate. COP Issue to Mill Levy Election Based upon preliminary discussions with Bond Counsel, one consideration that has not previously been discussed is the possibility of having a ballot question regarding continuing the Town’s current debt service mill rate that is set to expire in 2016. The idea would be that the Town could issue COPs in June, 2016 either with or without a May election. A successful election in November would then provide the ongoing resources for the annual debt service on the COPs, thus unencumbering that portion of the Town’s real estate transfer tax for pay-as-you-go projects. 3| Page 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. 15-10 Sales Tax Credit for Solar Panel Installation DATE:Nov. 5, 2015 Summary: Ordinance No. 15-10 is presented to Council to enact a temporary sales tax credit for the purchase and installation of solar panels in the Town of Avon. The ordinance is structured as a providing a temporary sales tax ÅcreditÆ rather than ÅexemptionÆ to avoid potential claims that expiration of the credit would result in a tax policy change that requires a vote under TABOR. A tax credit is the legally recommended method of providing a temporary tax incentive. The temporary tax credit is established for 3 years, ending on December 31, 2018, unless the tax credit is extended by the adoption of another ordinance. Compliance with Comprehensive Plan: Goal H.4 of the Avon Comprehensive Plan states a community goal to, ÅConserve environmental resources to ensure their most efficient use.Æ The Ordinance would provide a temporary financial incentive to promote the installation of solar panels by providing a temporary sales tax credit. This temporary sales tax credit would apply to all solar panel installations, including but bot not limited to solar panel installations for residential, commercial, industrialand public facility uses. Financial Impact: The Town did not issue any building permits for installation of solar panels in 2014. Town has issued four (4) building permits for the installation of solar panels this year. The tax credit for the installation of $15,000 in solar panel materials would amount to a savings of $600 for the taxpayer. Assuming the average installation of solar panels materials is $15,000 and there are four installations per year for a total sale of $60,000 in materials then the sales tax credit would be $2,400. The installation of $200,000 in solar panel materials would result in a sales tax credit of $8,000. Proposed Motion: ÅI move to approve 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 on first reading and set a public hearing on November 17, 2015 for second reading.Æ Thank you, Eric 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. 15-10 SERIES OF 2015 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 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; Goal H.4 of the Town of Avon Comprehensive Plan states a community goal to WHEREAS, ÅConserve environmental resources to ensure their most efficient use.Æ; , the Town Council finds that a temporary sales tax credit to provide an incentive to WHEREAS encourage the installation of solar panels in Avon will promote a community goal to conserve environmental resources and will thereby promote the health safety and general welfare of the Avon community; and, 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 Section 2.Section 3.08.037 Enacted is hereby amended by enacting a new to read as Section 3.08.037 Temporary tax credit follows: 3.08.037 Temporary Tax Credit. Å Notwithstanding any other provision of this Chapter, there shall be granted to each person owing tax on the sale of solar panels and appurtenant equipment purchased and installed in the Town of Avon a temporary tax credit against collection of the Town of Avon sales tax in the amount of the Town of Avon sales tax that would otherwise be due, such temporary tax credit shall commence on the effective date of this ordinance and shall continue until December 31, 2018, whereupon such temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit, the expiration of the temporary tax credit or termination of the temporary tax credit by ordinance shall constitute a tax increase, the imposition of a new tax or a tax policy change.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 Ord 15-10 Enacting Temporary Sales Tax Credit for Solar Panels Nov 10, 2015 Page 1 of 2 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 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 10, 2015 and setting such public hearing for November 17, 2015 at HEARING the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk on November 17, 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 15-10 Enacting Temporary Sales Tax Credit for Solar Panels Nov 10, 2015 Page 2 of 2 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Jim Horsley, Project Engineer Date: November 5, 2015 Agenda Topic: Authorization to Issue PSA for Design Services for the 2016 Beaver Creek Boulevard Reconstruction Project Summary: East and West Beaver Creek Blvd is the primary east-west collector through the Avon Town Core and was originally designed with the vehicle in mind with little attention to other modes of transportation. The Town initiated a walkability audit to examine the Town Core to help the community identify how to improve economic vitality and social connections by addressing obstacles to walkability. The walkability audit recommended redesign of East and West Beaver Creek Blvd to include these elements. The project includes modification of the street section, potential mini-roundabouts at Sun Road and Beaver Creek Place, modifications to the existing Avon Road roundabout, on-street parking, bicycle lanes, improved sidewalks, storm water quality treatment, lighting, wayfinding signage and landscaping. Schematic level evaluation of on-street parking on Mikaela Way is included. Discussion: Staff posted a Request for Proposals seeking a firm, or team of firms including at a minimum professionals in the fields of civil engineering, landscape architecture, roundabouts and walkability, for design services to redesign West Beaver Creek Blvd from Lake Street to Avon Road and East Beaver Creek Blvd from Avon Road to Beaver Creek Place. The RFP was posted to the Town website on October 2, 2015 with t he deadline for submittal of RFPs on October 26, 2015. Eight proposals were received and evaluated based upon the following criteria: Responsiveness, innovation and clarity of the RFP Experience with similar projects Previous successful experience in working with municipalities Project Approach Project Schedule Cost of Services Qualifications and experience of the team Resort experience References Staff met and narrowed the selection to two design teams; Martin/Martin with a cost of $204,471, and Design Workshop with a cost of $175,000. The finalists were interviewed and the Design Workshop team was selected. The firm’s strong background and experience in walkability, bike and walk street design, cost and the ability to meet a spring construction bid schedule were the deciding factors in the selection. Staff further discussed the overall Project approach with respect to conceptual design, public outreach, construction cost, potential phasing, and the aggressive schedule and agreed that the best approach at this time to ensure a successful project for all stakeholders would be to authorize the Design Workshop Team to proceed with Tasks 1 thru 3; Project Start-Up, Development of a Preliminary Plan, and Public Outreach, which are provided as Exhibit A with the budget. A more thorough understanding of project scope and construction cost would be gained with completion of Tasks 1 thru 3 to efficiently complete the remaining tasks: Design Development, Development of Construction Documents, and finally Construction with the total project budget of $2,500,000, over 2016 and 2017. Construction Schedule: Staff anticipates bidding the Project in May 2016 with construction beginning in June and lasting approximately three months. Staff Recommendation: Staff requests Council authorization to issue the PSA for Design Services for the 2016 Beaver Creek Boulevard Reconstruction Project to Design Workshop for Tasks 1 thru 3 in the amount of $74,000. Compensation for the remaining tasks will be renegotiated after preliminary plan development and construction cost estimating. Recommended Motion: Motion to authorize issuance of PSA for Design Services for the 2016 Beaver Creek Boulevard Reconstruction Project to Design Workshop for Tasks 1 thru 3 in the amount of $74,000. Attachments: Exhibit A – Project Approach & Schedule Exhibit A PROJECT APPROACH + SCHEDULE PROJECT APPROACH TASK 1: PROJECT START-UP KICK OFF MEETING As part of the project initiation, the Design Workshop team will meet with Town of Avon staff (1) day kick-off meeting will outline the vision, goals and critical success factors and metrics for approach, schedule, public engagement and key stakeholder outreach strategy, scope and deliverables. FIRST MEETING WITH STAKEHOLDERS During this one day kick off meeting our team will also have an initial site meeting with the Stakeholders to identify their concerns and vision for the Beaver Creek Boulevard. We will tour the site and gather initial impressions that will inform the design of the preliminary plan. INFORMATION GATHERING Prior to the kick-off meeting, our team will coordinate with the Citys project manager to collect all available data, mapping resources and previous plans, and will identify any remaining data needs. This task includes the development of a new site survey, with mapping of existing facilities and topography. DELIVERABLES: Existing conditions base (1=20 scale) Project kick-off meeting email invites, agenda and meeting notes Memorandum outlining the goals and critical success factors for the project Memorandum outlining metrics and benchmarks for the project Written summary of utility research, Town requirements and other information impacting design drawings and execution Updated site survey As part of this Task, Design Workshop will coordinate and facilitate regular progress meetings to ensure on-going communication and coordination throughout the duration of the process and assure compliance with the project schedule outlined by the Town of Avon. We anticipate bi- weekly meetings via conference call as appropriate. TASK 2: PRELIMINARY PLAN The consultant team will utilize input from past planning efforts, stakeholder interviews and Town department representatives to generate recommendations for the development of two (2) preliminary plans that address both a possible mini roundabout at Beaver Creek Place and East Benchmark Road, and on street parking on Mikela Way. Both of these alternatives will involve close facilitation with our team members McDowell Engineering and MTJ Roundabout Engineering. These plans will provide recommendations for pedestrian facilities, bike facilities, mini-roundabout site furniture and a cohesive materials palette that will strengthen the aesthetic character 34 PROJECT APPROACH throughout the Boulevard. The proposed design alternatives will be in conformance with the Avon Town Center West Redevelopment Master Plan and Design Guidelines. The consultant team will provide graphics to communicate these conceptual ideas in the form of example photography and renderings for visual preference and character input. Each element will be integral to the future of Beaver Crek Boulevard and maximizing its economic and community The consultant team will develop a preliminary opinion of probable cost for the proposed alternatives, considering both the possibility of a new roundabout or a stop controlled intersection. DELIVERABLES: Preliminary plan: two (2) alternatives Reference image character boards Summary of the streetscape palette alternatives in the form of photos and text Two (2) rendered preliminary streetscape design alternatives in plan view Up to four (4) illustrative cross sections or illustrative graphics A preliminary opinion of probable cost for each of the two alternatives public review and input. Deliverables also will be provided in both electronic and paper format (up to 1 printed copies of each). TASK 3: PUBLIC OUTREACH Our team anticipates one (1) Public Open House and a series of Focus Group meetings to be held (on-site) following the development of the preliminary plans. During this outreach day, development of a preferred alternative. We will use these opportunities to base recommendations on a thorough understanding of what community members envision for the Boulevard. From a neighborhood and business community NORTH COLLEGE AVENUE CORRIDOR | Fort Collins, CO 35 PROJECT APPROACH required for implementation. Design Workshop utilizes a variety of tools to create worthwhile and useful public meetings, including real time keypad polling, small group exercises, mapping activities and prioritization exercises. The Design Team will attend meeting(s) for Planning and Zoning Commission review and approval, as well as up to two (2) Town Council Meetings. We anticipate that Town Staff will assist with preparing for and hosting the Open House and Focus Group meetings including reserving an appropriate space, advertising and sending invitations to the different stakeholder groups, ensuring support for the audio/visual presentation, preparation of comment cards and printing large format graphics provided by the Design Workshop team. DELIVERABLES: Agenda, Presentation Materials and Summary of results from initial Stakeholder meetings Large format graphics, in digital format PowerPoint presentation Keypad polling (optional) Public Open House and Focus Group meetings attendance - one (1) day Summaries of results from Public Open House and Focus Group meetings All of the materials from the public presentation, including keypad polling questions, will be available to be posted online after the meeting. TASK 4: DESIGN DEVELOPMENT The general objective for this phase of the work is to develop the character and detail of the approved Preliminary Plan, incorporating comments from the Public Outreach process. GONDOLA PLAZA PEDESTRIAN CROSSING | Aspen, CO 36 PROJECT APPROACH Prepare site demolition plans illustrating existing hardscape and landscape areas that will be demolished or preserved. Develop tree protection plans illustrating existing trees and other plant materials to be protected during the construction. sections, mini-roundabout(s) and on-site drainage systems. We anticipate that a geotechnical engineering report will be supplied by the Town, and will contain all relevant geotechnical design recommendations, including structural pavement sections and asphalt mix recommendations. We will coordinate with the Town, including all shallow utility providers and the Eagle River Water and Sanitation District for water and sewer. We will also review We will create models of the proposed alternatives intended to right-size the project corridor and compare them. Intersections will be analyzed as stop-control, mini-roundabouts and full roundabouts as applicable. Intersection treatments such as raised crossings, refuge islands, curb extensions, etc., will be incorporated. In addition, our team will review the pedestrian and bike route connectivity and recommend improvements within the project corridor. As the existing roundabout at Beaver Creek Boulevard and Avon Road was overbuilt, creating unfriendly pedestrian crossings, our team will collaborate to identify changes to the size, scale and performance of the roundabout, in order to make crossing simpler, safer and more attractive to pedstrians and bicyclists. We will analyze the impacts of each adjustment on the operation of the roundabout. Select site development materials and prepare design development details and enlargements. Prepare plans and cross sections for the boulevard and roundabouts, details for pedestrian and vehicular pavements, crosswalks, entries and site furnishings. Review materials and technical systems with potential fabricators and contractors. Develop site grading and drainage plans for all areas outside the building footprints including stormwater quality improvements. Prepare planting plans for all landscape areas to illustrate planting composition, plant species, locations and sizes of major planting features. Investigate plant availability. Prepare a preliminary irrigation plan illustrating overall irrigation intent in conformance with Town requirements. Prepare a preliminary lighting scheme. The design development materials will be assembled as a submittal package and submitted to the Towns Planning and Environmental Commission, Design Review Board, Art in Public Places Board and Avon Town Council. The submittal package will be in accordance with the Towns entitlement and approvals requirements and will include transmittals, graphic images, narratives and other information necessary to represent the park design for review. DELIVERABLES: 50% Design Development Submittal Package for staff review to include: Cover sheet Site hardscape and softscape reference plans Site demolition, plant protection and site preparation plans Site layout plans 37 PROJECT APPROACH Site material plans Site grading and drainage plans Landscape plans Irrigation plans Site details Site utility and lighting plans 90% Design Development Submittal Package for review by Town of Avon Boards Preliminary estimate of probable construction costs Attendance at entitlement and approval hearings TASK 5: CONSTRUCTION DOCUMENTATION + BIDDING construction drawings from the design development drawings and approvals. This set will to Avon Road roundabout, native and drought tolerant plantings, irrigation system, drainage, requirements for bidding, construction contracts, bonding, general conditions, engineers opinion bidding process. This work shall occur in the period after the completion of construction documents and prior to awarding a construction contract. responses. Prepare and issue addendums as required to answer questions. Avons standard construction documents and forms will be used in the construction bid package. DELIVERABLES: 90% Construction Drawings and Project Manual (Bid Package) Final opinion of probable construction costs Attend prebid meeting Addendums as required Written summary of bid results 100% Construction Drawings and Project Manual 38 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: November 5, 2015 Agenda Topic: 2015 Audit Engagement Letter An engagement letter with McMahan and Associates for the 2015 calendar year audit is included in the Town’s consent agenda. The engagement letter is in the standard form recommended by the AICPA for local government engagements. The 2015 audit will be billed to the Town based on actual hours spent at standard rates with a fee not to exceed $19,700. Earlier this year, with the assistance of Councilors Scott Prince and Megan Burch, an RFP was issued for auditing services. The Town received 3 proposals. Based on the scores from the Audit Proposal Evaluation Matrix and discussion, the unaminous selection was McMahan and Associates. The proposal, as well as the attached enagement letter, provides for a three year fee commitment along with an option to renew the engagement for an additional two years. Staff Recommendation Staff recommends approval of the 2015 Audit Engagement Letter with McMahan and Associates through approval of the Consent Agenda. Exhibits and Attachments: A – 2015 Audit Engagement Letter TA,C OWN OF VON OLORADO AMMT,O27,2015 VON EETING INUTES FOR UESDAY CTOBER ATH,OLS VON OWN ALL NE AKE TREET 1.CO&RC ALL TO RDER OLL ALL Mayor Fancher called the meeting to order at 5:05 p.m. A roll call was taken and Council members present were Jake Wolf, Buz Reynolds, Matt Gennett, Scott Prince and Sarah Smith Hymes. Megan Burch was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Police Chief Bob Ticer, Planning Manager Matt Pielsticker, 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 commented. 4. SS TUDY ESSION -TTH,PD OUR OF OWN ALL INCLUDING THE OLICE EPARTMENT -PSF,TG,SGL5O,THL UBLIC AFETY ACILITY RACT WIFT ULCH AND OT PTIONS INCLUDING OWN ALL OCATION O PTIONS Kenneth Powell, Tamera Underwood and Charlie Sherwood commented. 5. BWS UDGET ORK ESSION 5.1.P2016&2017AHF RESENTATION OF THE FFORDABLE OUSING UND (ATMSW) SSISTANT OWN ANAGER COTT RIGHT 5.1.1.RCPSCCSF EQUEST FROM ASTLE EAK ENIOR ARE OMMUNITY FOR UPPLEMENTAL UNDING IN THE AMOUNT $25,000AC(LP,AC) OF FROM UGUSTANA ARE ISA EASE UGUSTANA ARE 5.2.P2016&2017CPF&FYCI RESENTATION OF THE APITAL ROJECTS UND IVE EAR APITAL MPROVEMENTS P(ATMSW) ROGRAM SSISTANT OWN ANAGER COTT RIGHT 5.2.1.RLMEA EQUEST FOR ANDSCAPING ONIES AT THE AGLEBEND PARTMENTS (PC,PSP) RISCILLA OFFIN OLARTAR ROPERTIES 2016&2017,W,CE,&DF 5.3.P RESENTATION OF THE ATEROMMUNITY NHANCEMENT EBT UND (ATMSW) SSISTANT OWN ANAGER COTT RIGHT 6.AI CTION TEMS 6.1.FON.15-09,I2015IC IRST READING OF RDINANCE O MPLEMENTING THE NTERNATIONAL BUILDING ODES (CBOWG) HIEF UILDING FFICIAL ILLEY RAY Councilor Gennett moved to approve First reading of Ordinance No. 15-09, Implementing the 2015 International Building Codes, including the Wildland Urban Interface Code; and approving an Exterior Energy Offset Program for the Town of Avon, setting the Public Hearing date for Second and Final Reading on December 8, 2015; Councilor Reynolds seconded the motion and it passed unanimously by those present. Councilor Burch was absent. Avon Council Meeting 10-27-2015 Minutes.doc Page 1 TA,C OWN OF VON OLORADO AMMT,O27,2015 VON EETING INUTES FOR UESDAY CTOBER ATH,OLS VON OWN ALL NE AKE TREET 6.2.CA ONSENT GENDA 6.2.1ARN.15-19SGAGO PPROVAL OF ESOLUTION O UPPORTING A RANT PPLICATION TO REAT UTDOORS CRNPR, OLORADO FOR THE EFURBISHMENT OF THE OTTINGHAM ARK ESTROOMS INCLUDING THE PT(PMMP) ADDITION OF A ICNIC RELLIS LANNING ANAGER ATT IELSTICKER 6.2.2ARN.15-20SGACP PPROVAL OF ESOLUTION O UPPORTING A RANT PPLICATION TO OLORADO ARKS WU2009RTMP AND ILDLIFE FOR THE PDATE TO THE ECREATIONAL RAILS ASTER LAN (PMMP) LANNING ANAGER ATT IELSTICKER 6.2.3AO13,2016RMM(TCDH) PPROVAL OF CTOBER EGULAR EETING INUTES OWN LERK EBBIE OPPE Councilor Reynolds moved to remove from the Consent Agenda item 6.2.2 Resolution No. 15-20 Supporting a Grant Application to Colorado Parks and Wildlife for the update to the 2009 Recreational Trails Master Plan; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Burch was absent. Councilor Prince moved to approve the consent agenda; Councilor Reynolds seconded the motion and it passed unanimously by those present. Councilor Burch was absent. 7.CMU:CM OMMITTEE EETING PDATES OUNCILORS AND AYOR 8.M&CC AYOR OUNCIL OMMENTS 9.WR RITTEN EPORTS 9.1.MF(BAKH) ONTHLY INANCIALS UDGET NALYST ELLY UITT 10.ES XECUTIVE ESSION 10.1.DPARPIC.R.S.§24-6- ISCUSSION OF THE URCHASE AND CQUISITION OF A EAL ROPERTY NTEREST UNDER 402(2)(A)CTAPORL AND A ONFERENCE WITH THE OWN TTORNEY FOR THE URPOSE F ECEIVING EGAL A C.R.S.§24-6-402(2)(B)RPD DVICEUNDER RELATED TO SUCH EAL ROPERTY ISCUSSION AND FOR THE PDPRMN, URPOSE OF ETERMINING OSITIONS ELATIVE TO ATTERS THAT MAY BE SUBJECT TO EGOTIATIONS DSFN,/IN,C.R.S.§24-6- EVELOPING TRATEGY OR EGOTIATIONS ANDOR NSTRUCTING EGOTIATORS UNDER 402(2)(E)RPD 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 Real Property Discussion; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. Councilor Burch was absent. The time was 10:15 p.m. Executive session ended at 11:28 p.m. Council reconvened into regular session. Council reconvened into regular session at 11:28 p.m. Avon Council Meeting 10-27-2015 Minutes.doc Page 2 TA,C OWN OF VON OLORADO AMMT,O27,2015 VON EETING INUTES FOR UESDAY CTOBER ATH,OLS VON OWN ALL NE AKE TREET 11.A DJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 11:28 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 ________________________________ Avon Council Meeting 10-27-2015 Minutes.doc Page 3 TOWN COUNCIL MEMO To: Honorable Mayor and Members of Town Council From: Brian Garner, Town Planner Date: November 10, 2015 Town Council Meeting Agenda Topic: Eagle Valley Library District - License Agreement Project: License Agreement for Avon Public Library to construct a monument sign on Town property Project Summary The Avon Public Library branch of the Eagle Valley Library District is located entirely on Tract G, owned by the Town of Avon. Kim Saalfeld, Branch Manager of the Avon Public Library has been working with staff to design and construct a new monument sign in the vicinity of the library to help increase visibility of their facility. As the sign is located on Town property, a revocable license agreement is required by the Town. The sign is proposed to be constructed near the stop sign at Benchmark Road and Mikaela Way, at the southeast corner of Tract G. This site provides ample space to accommodate the sign, which is just over four (4) feet tall. As reviewed by Town Engineer Justin Hildreth, the sign will be sited so as not topose a sight-distance issue for vehicles at the intersection. The sign will be identical to the monument sign in front of Town Hall utilizing the same materials and colors while the base of the sign will be landscaped with perennial and/or annual flowers. Lastly, the sign will have small LED uplights for nighttime visibility. Attachments A: License Agreement B: Sign Proof 1 TOWN OF AVON LICENSE AGREEMENT AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND EAGLE VALLEY LIBRARY DISTRICT FOR THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL, AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY and PROPERTY OUTSIDE THE AVON PUBLIC LIBRARY PARTIES. The parties to this agreement (ÅÆ) are the TOWN OF AVON, 1.0 Agreement COLORADO, a Colorado home rule municipality (ÅÆ) and EAGLE VALLEY Town LIBRARY DISTRICT, a Colorado Title 32 metropolitan district (ÅÆ). This Licensee Agreement is effective upon execution by the Licensee and following execution by the Town Manager on the date indicated below. RECITALS AND PURPOSE. 2.0 The Town is the owner of certain property located in the Town of Avon, Eagle 2.1. County, Colorado, commonly known as Tract G, Block 2, Benchmark at Beaver Creek Subdivision, and more specifically described on Exhibit A to License (ÅÆ) and referred to as the ÅÆ. AgreementExhibit ATown Property The Licensee installed a monument sign advertising the Avon Public Library in 2.2. accordance with the specifications described on Exhibit B to License Agreement (ÅExhibit BÆ). Licensee has constructed a monument sign (ÅÆ) near the 2.3. Private Improvements southeast corner of Tract G, which the Town desires and acknowledges is a valuable public benefit that promotes the aesthetic values of the area and promotes goals of the TownÈs Comprehensive Plan. Town further finds that the Private Improvements on Town Property provide benefits and value that equal or exceed the value of the Town Property that the Town is providing for use by Licensee. 2.4. Section 17.8 of the Avon Home Rule Charter states that the Council may grant a permit at any time for the temporary use of occupation of any street, alley, or Town owned place, provided such permit shall be revocable by the Council at its pleasure, regardless of whether or not such right to revoke be expressly reserved in such permit. The Town is willing to grant a revocable license to the Licensee under the terms 2.5. and conditions as hereinafter specified in this Agreement provided that nothing in this Agreement shall waive or modify any obligation to seek building permits, right-of-way permits (including traffic control), variances, or other approval necessary to meet any obligation imposed by law. The Licensee remains obligated to apply for and obtain all necessary permits and approvals, pay all required fees, and comply with all applicable local laws, including but not limited to any applicable provisions in the Avon Municipal Code. TERMS AND CONDITIONS. 3.0 Millsmore License Agreement July 9, 2012 Page of 16 The Town hereby grants to the Licensee a revocable license for the 3.1. encroachment and occupation described as follows: monument sign with perennial and/or annual plantings surrounding the sign base, as such Private Improvements are depicted in provided, Exhibit A to License Agreement; however, that nothing in this Agreement is intended to waive, alter, modify, or permit any violation of any local law applicable within the Town of Avon. To the extent that the location or other specifications of this License or any exhibit conflicts with local laws, the local law shall govern. Except for the encroachment and occupation of the Private Improvements 3.2. identified in this ¦ 3.1 and depicted on , no Exhibit A to License Agreement other encroachment, structure, improvement, vehicle, fence, wall, landscaping, or any other real or personal property shall be erected, installed, constructed, parked, stored, kept, or maintained in any way or fashion on the Town Property. The encroachment and occupation of Private Improvements as specified in ¦ 3.1 3.3. in ¦ 3.1 above shall continue from the date of this Agreement to the time that this Agreement is terminated. Due to the significant investment by the Licensee, the Town intends that the initial period of this license will run for a minimum of five (5) years from the date this License Agreement is executed. Notwithstanding the foregoing, the Town may terminate this Agreement at any time if the Town Council, following a duly noticed public hearing, makes a legislative determination that removal of the Private Improvements is necessary to protect the public health, safety, or welfare of the Avon community. At such time as the Town Council makes a determination that removal of the Private Improvements is necessary, the Town Council shall also make a legislative determination regarding the reasonable period of time within which the Private Improvements must be removed. Except in the case of a public safety emergency or where a shorter period of time is justified due to the nature of the Private Improvements, the Licensee shall not be required to remove the Private Improvements within less than thirty (30) days of notice to the Licensee. The Town may also terminate this Agreement at any time in the case of a declaration by the Town Council for the Town of Avon that a public safety emergency exists by giving written notice to the Licensee five (5) days in advance of the effective date of termination. Town may also elect to terminate this Agreement upon thirty (30) days written notice and accept the Private Improvements on Town Property in its then current condition (i.e. accept Åas isÆ) and the Licensee shall thereafter be relieved of any obligation to maintain, remove and/or provide insurance for such Private Improvements on Town Property and ownership of such Private Improvements shall simultaneously and automatically transfer to the Town. The Licensee expressly agrees to, and shall, indemnify and hold harmless the 3.4. harmless the Town and any of its officers, agents, or employees from any and all claims, damages, liability, or court awards, including costs and attorneyÈs fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any omission or act of commission by the Licensee or any of its employees, agents, partners, or lessees, in encroaching upon the Town Property. In particular and Avon Public Library Monument Sign License Agreement November 10, 2015 Page of 26 without limiting the scope of the foregoing agreement to indemnify and hold harmless, the Licensee shall indemnify the Town for all claims, damages, liability, or court awards, including costs and attorneyÈs fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any claim in whole or in part that all or any portion of the Private Improvements and encroachment permitted by this Agreement constitutes a dangerous and/or unsafe condition within a public right-of-way. The Licensee agrees that it will never institute any action or suit at law or in 3.5. equity against the Town or any of its officers or employees, nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, or compensation for or on account of any damages, loss, or injury either to person or property, or both, known or unknown, past, present or future, arising as a result of or form the revocable license granted to the Licensee by this Agreement. This provision includes but is not limited to claims relating to road maintenance, snow removal or other public works activities performed by or on behalf of the Town. The Licensee agrees to construct, maintain, and repair the Private Improvements 3.6. placed or located on the Town Property by the Licensee or its lessees, agents, employees, or other persons under the control or direction of the Licensee pursuant to this Agreement at the cost and expense of the Licensee and at no cost or expense to the Town. The Licensee agrees to remove or cover graffiti or other damage caused to the improvement(s) within a reasonable time following notice or knowledge of such damage or within forty-eight (48) hours of delivery to the Licensee of a written demand by the Town, whichever is earlier. The Licensee shall not erect, cause to be erected or permit the erection of any sign, advertising object, or illustration upon any improvement, structure, fence, or wall placed or located by the Town Property pursuant to this Agreement and shall promptly remove any such sign or advertising. The Licensee agrees to maintain the landscaping in a healthy condition at all 3.7. times during this Agreement and shall be responsible for ensuring the proper pruning or replacement as necessary to present a healthy landscape condition. Upon termination of this Agreement the Town may require Licensee to relocate trees, shrubs, and boulders. The Licensee agrees that the Town is not liable, and will not assume any liability, 3.8. responsibility, or costs for any damage, maintenance, or repair of any Private Improvements erected or maintained by the Licensee under this Agreement unless Town elects to terminate this Agreement and accept the Private Improvements in writing in accordance with ¦3.2 above. The Licensee agrees to repair and reconstruct any damage to the Town Property 3.9. upon termination of this Agreement or removal of the Private Improvements described in paragraph 3.1 and any other improvements erected by the Licensee on the Town Property and the Licensee shall return the Town Property to its original condition at the cost and expense of the Licensee and at no cost or Avon Public Library Monument Sign License Agreement November 10, 2015 Page of 36 expense to the Town. In the event that Licensee does not remove the Private Improvements and repair and restore Town Property to the condition prior to this Agreement within the time period determined in ¦ 3.2 above, then Licensee shall be deemed to have abandoned the Private Improvements and any rights thereto and the Town may proceed to remove the Private Improvements. The Town may seek recovery of all costs incurred for the removal of Private Improvements from Town Property, repair of damages to Town Property, and restoration of Town Property, including legal costs and attorney fees. The Licensee agrees to procure and maintain, at its own cost, a policy or policies 3.10. of insurance protecting against injury, damage or loss occurring on the licensed premises in the minimum amount of $600,000.00 per occurrence. Such policy or policies shall name the Town as an Åadditional insuredÆ. However, the LicenseeÈs failure to take such steps to insure the premises shall not waive, affect, or impair any obligation of the Licensee to indemnify or hold the Town harmless in accordance with this Agreement. The Licensee shall be deemed to have intentionally and irrevocably abandoned 3.11. and relinquished rights and interest in the Private Improvements in the event that the Licensee conveys all the LicenseeÈs interest in the property or properties obtaining access or receiving benefit from the improvements and encroachments described in this Agreement. The Town shall be entitled to rely upon the public records of ownership maintained by the office of either the Eagle County Clerk and Recorder or the Eagle County Assessor in rendering a determination that the Licensee has abandoned and relinquished the LicenseeÈs rights and interests as provided by this paragraph. In such event, the Town may remove and demolish such improvements without notice to the Licensee. ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior 4.0 written consent of the Town which may withhold its consent for any reason; provided that the Town encourages the Licensee to inform any purchaser of the LicenseeÈs property or interests of the existence of this Agreement and the Town will promptly consider any request by the Licensee for assignment of this Agreement to such subsequent purchaser. NOTICES. Any notice required or permitted by this Agreement shall be in writing and 5.0 shall be deemed to have been sufficiently given for all purposes if personally served or if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement 6.0 between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Invalidation of the Agreement in its Avon Public Library Monument Sign License Agreement November 10, 2015 Page of 46 entirety shall revoke any authorization, whether explicit or implied to the continuing use and occupancy of the Town Property for the Private Improvements. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the 7.0 State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado. WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any 8.0 term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, 9.0 the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town 10.0 shall incur no cost or expense attributable to or arising from the construction, maintenance, or operation of the Private Improvements and encroachment permitted by this Agreement and that, in all instances, the risk of loss, liability, obligation, damages, and claims associated with the encroachment shall be borne by the Licensee. This Agreement does not confer upon the Licensee any other right, permit, license, approval, or consent other than that expressly provided for herein and this Agreement shall not be construed to waive, modify, amend, or alter the application of any other federal, state, or local laws, including laws governing zoning, land use, property maintenance, or nuisance. AUTHORITY TO BIND PARTY. The undersigned persons represent that they are 11.0 expressly authorized to execute this Agreement on behalf of the Parties and to bind their respective Parties and that the Parties may rely upon such representation of authority. LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this 12.0 Agreement or to recover reimbursement costs for removal of private improvements from, repair of any damages, and/or restoration of Town property subject to this Agreement, Town shall be entitled to recover any and all legal costs and attorneyÈs fees incurred. \[\] SIGNATURE PAGE FOLLOWS Avon Public Library Monument Sign License Agreement November 10, 2015 Page of 56 DATED NOVEMBER 10, 2015. TOWN OF AVON: By: ________________________________ Virginia Egger, Town Manger ATTEST: APPROVED AS TO FORM: __________________________ ___________________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney LICENSEE: By: _________________________________ Kim Saalfeld, Authorized representative for Eagle Valley Library District Address: PO Box 977 Avon, CO 81620 STATE OF COLORADO ) ) COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ________ day of ____________________, 20____, personally by _______________________________. ___________________________________ Notary Public (SEAL) Commission expires: _____________ Avon Public Library Monument Sign License Agreement November 10, 2015 Page of 66 TA,C OWN OF VON OLORADO URAMT,N10,2015 A VON RBAN ENEWAL UTHORITY EETING FOR UESDAY OVEMBER ATH,OLS VON OWN ALL NE AKE TREET AURAMB7:05 VON RBAN ENEWAL UTHORITY EETING EGINS AT PM 1.CO&RC ALL TO RDER OLL ALL 2.AA PPROVAL OF GENDA 3.PC–CWILA UBLIC OMMENT OMMENTS ARE ELCOME ON TEMS NOT ISTED ON THE FOLLOWING GENDA 4.AI CTION TEMS 4.1.RN.15-01,AUATCWURP ESOLUTION O MENDING THE SES IN THE VON OWN ENTER EST RBAN ENEWAL LAN A(TAEH) REA OWN TTORNEY RIC EIL 4.2.AO13,2015URAMM(TCDH) PPROVAL OF CTOBER EETING INUTES OWN LERK EBBIE OPPE 5.A DJOURNMENT _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 1 M HL EMORANDUM P EIL AW LANNING & ,LLC TO: Chairperson Fancher and Avon Urban Renewal Authority Board of Commissioners and Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Attorney for the Avon Urban Renewal Authority and Town Attorney RE:Minor Modificationsto Town Center West Area Urban Renewal Plan DATE: Nov. 5, 2015 Summary: Minor modifications to the Town Center West Area Urban Renewal Plan are presented to the Avon Urban Renewal Authority Board of Directors and the Avon Town Council. The State Legislature adopted House Bill 15-1348 which amends Urban Renewal Authority laws to require negotiation with county, school district and special district taxing entities for new URA projects andmodifications to existing projects. HB 15-1348 takes effect on January 1, 2016. I recommend that the Avon Urban Renewal Authority and Avon Town Council consider and approve minor revisions to identify any specific potential project in the West Town Center. The existing Town Center West Area Urban Renewal Plan is very broad and authorizes any activity within the Plan area that is authorized by the Urban Renewal statutes; however, financial institutions that provide financing for projects have concerns about the impact of the new legislation. Therefore, I believe it will be beneficial to the URA and TownÈs interest to include language identifying any potential project to avoid concerns financial institutions may haveabout project authorization.The proposed revisions to the Town Center West Area Urban Renewal Plan are attached in a REDLINE comparison format to indicate the specific language changes. Background: The Town Center West Area Urban Renewal Area was originally approved on August 14, 2007. The Town Center West Area captures the property tax increment on new construction within its boundaries from all taxing entities, including the Town of Avon. This property tax increment can be used for any purpose authorized by URAs, including pledging the revenue stream to issue bonds for authorized expenditures. The Town Center West Area URA may capture the property tax increment for a period of 25 years, which tax increment financing period expires in 2032. A core purpose of an Urban Renewal Authority is to alleviate conditions that Åsubstantially impair or arrest the sound growth of municipalities.Æ This can occur through a wide range of activities, including investment in public infrastructure and facilities. Great deference is given to the URA Board of Directors and Avon Town Council to determine the manner of promoting the sound growth of the municipality. To date, the Town Center West Area has financed the construction of Lake Street, improvement of Lettuce Shed lane, limited streetscape improvements for the Avon Medical Office Building, and maintenance of the Main Street Mall. The Town Center West Area has additional property tax increment revenues from the Wyndham project and will have additional property tax increment revenues from the Avon Medical Office Building project currently under construction which creates an opportunity for additional tax increment financing bonds. Process for Minor Revisions: Section 4.2 of the existing Town Center West Area Plan states, ÅAny proposed modification shall be submitted to the Town Council for a resolution as to whether or not such modification will substantially change the Urban Renewal Plan in land area, land use, design, building requirements, timing, procedure, or as previously approved, and, if the Town Council finds that there will be a substantial change, its approval of such modification shall be subject to the requirements of the Act relating to the substantial modification of an urban renewal plan.Æ The proposed modifications do not expand the Plan area, do not expand the area for tax increment financing area, and do not expand the Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com URA Board of Directors and Avon Town Council Town Center West Area Urban Renewal PlaTown Center West Area Urban Renewal Plann November 5, 2015November 5, 2015 Page Page 22 of of 22 timeframe or duration for tax increment financing as originally approved. Rather, the revisions primarily identify potential specific projects as have been discussed and considered by the Avon Town Council and which have been recently recommended by Stan Clauson and Associates and presented in public meetings. Other revisions include correction of typos and updates to Avon Municipal Code references where appropriate. As stated in the existing Town Center West Area Plan, it is the discretion of the Town Council to determine whether proposed modifications are minor or substantial. If substantial, then the process for modifications would require a process similar to the original adoption of the Urban Renewal Plan, including public hearings and notification of Eagle County. It is my opinion that the Avon Town Council may determine that the proposed modifications are minor because the existing Town Center West Area Plan authorizes very broad and general discretion to pursue Urban Renewal Projects and the inclusions of specific potential projects does not conflict with the existing general authority. Examples of substantial modifications would be expanding the Town Center West Area boundary, seeking to expand the timeframe for tax increment financing, or amending the Town Center West Area Plan to authorize condemnation. Section 4.2 of the Town Center West Area Plan states that proposed modifications may be submitted to the Town Council by the Avon Urban Renewal Authority, Town residents, owners of property or businesses within Town, Town staff, or other members of the community. Recommendation: The URA Board of Commissioners and Avon Town Council should consider any additional specific potential projects to add to the proposed modifications to the Town Center West Area Urban Renewal Plan. Proposed Motion for URA Board of Directors: ÅI move to approve AURA Resolution No. 15-01 A Resolution Adopting Minor Modifications to the Town Center West Area Urban Renewal Plan Proposed Motion for Town Council: ÅI move to approve Resolution No. 15-21 A Resolution Adopting Minor Modifications to the Town Center West Area Urban Renewal Plan.Æ Thank you, Eric ATTACHMENTS: AURA Resolution No. 15-01 Adopting and Referring Minor Modifications to the Town Center West Area Urban Renewal Plan to the Avon Town Council Resolution No. 15-21 Adopting Minor Modifications to the Town Center West Area Urban Renewal Plan AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 15-1 A RESOLUTION TO ADOPT MINOR MODIFICATIONS TO THE TOWN CENTER WEST AREA URBAN RENEWAL PLAN , the Avon Urban Renewal Authority (ÅAURAÆ) is a duly organized body corporate WHEREAS and politic under and by virtue of the laws of the State of Colorado including the Urban Renewal Law, Part 1 of Article 25 of Title 31 of the Colorado Revised Statues (ÅC.R.S.Æ); and, , the Avon Town Council adopted the Town Center West Area Urban Renewal Plan WHEREAS (ÅPlanÆ) on August 14, 2007, by Resolution No. 07-27; , the Plan states that the Avon Urban Renewal Authority may propose modifications WHEREAS to the Plan to the Avon Town Council; and, , the AURA finds that the proposed modifications to identify specific potential WHEREAS projects are appropriate and supportive of the goals and implementation of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF that the Board of Commissioners hereby THE AVON URBAN RENEWAL AUTHORITY adopts, refers to the Avon Town Council and recommends adoption by the Avon Town Council of minor modifications to the Town Center West Area Urban Renewal Plan as set forth in Exhibit A attached hereto. ADOPTED on November 10, 2015. AVON URBAN RENEWAL AUTHORITY By:______________________________Attest:____________________________ Jennie Fancher, Chairman Virginia Egger, Secretary CERTIFIED: ________________________________ Debbie Hoppe, Authority Clerk Avon Urban Renewal Authority Resolution No. 15-1 Page 1 of 1 Avon Urban Renewal Authority Urban Renewal Plan Town Center West Area Adopted August 14, 2007 Revised November 10, 2015 Avon Urban Renewal Authority Urban Renewal Plan Town Center West Area 1.0PREFACE AND BACKGROUND 1.1Preface.This Town Center West Area Urban Renewal Plan(“Plan” or “Urban Renewal Plan”) has been approved by the Town Council of the Town of Avon and will be carried out by the Avon Urban Renewal Authority (“Authority”) pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended (“Act”). The administration and enforcement of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. Notice of the public hearing to consider the Plan was published in the Eagle Valley Enterpriseon July 12, 2007. The Plan was adopted by the Town Council aftera public hearing thereon August 14, 2007. 1.2Description of Urban Renewal Area.According to the Act, the jurisdictional boundaries of the Authority are the same as the boundaries of the Town. Additionally, within the Town boundaries there may be one or more urban renewal areas. Under the Act, a blighted area that has been designated by the Town Council as appropriate for an urban renewal project may qualify as an urban renewal area. A blighted area is defined in part by the presence of certain factors listed in the Act. The Authority may implement an urban renewal projectwithin an urban renewal area in order to eliminate and prevent the development or spread of blight. The Town Center West Area included in the Urban Renewal Plan (referred to herein as the “Urban Renewal Area” or the “Area”) is located in the Town of Avon, Eagle County, Colorado. The boundaries of the Area (reflected in Figure 1 following the legal description) generally include properties located in the commercial area known as Avon West Town Center. The Area is bisected from east to west by Interstate 70 and generally bounded bond on the south by the Eagle River and Denver and Rio Grande Western Railroad tracks, on the west by West Beaver Creek Boulevard, and on the east by Avon Road and undeveloped parcels along theeast side of Buck Creek Road. The northern boundary in the western half of the Area is the southern I-70 right-of- way, and in the eastern half is the northwester right-of-way of Buck Creek Road.A legal description for this area is included in Section 1.2.1 of this Plan. A legal description controls the boundary description in case of a conflict. The boundaries of the Urban Renewal Area are drawn as narrowly as feasible to accomplish the planning and development objectives of this Urban Renewal Plan. (A)Legal Description (B)Figure 1, Urban Renewal Area The Urban Renewal Plan Concept Map is presented as Figure 2 below. Avon Urban Renewal Plan Page 1 Town Center West Area Revised November 10, 2015 Insert Figure 1 Avon Urban Renewal Plan Page 2 Town Center West Area Revised November 10, 2015 Insert Figure 2 Avon Urban Renewal Plan Page 3 Town Center West Area Revised November 10, 2015 1.3Purpose of the Plan.The purpose of this Urban Renewal Plan is to reduce, eliminate and prevent the spread of blight within the Urban Renewal Area and to stimulate growth and investment within the Area boundaries. In particular, this Urban Renewal Plan is intended to promote local objectives with respect to appropriate land uses, private investment and public improvements provided that the delineation of such objectives shall not be construed to require that any particular project necessarily promote all such objectives. Specifically, the Plan promotes an environment which allows for a range of uses and product types which can respond to market conditions over time; further the goals and objectives the Town of Avon Comprehensive Planadopted in February 2006 and other relevantpolicy document; and, leverage the community’s interest in public improvement projects in the Area. While the principal goal of the urban renewal effort, as required by the Act, is to afford maximum opportunity, consistent with the sound needs of the Townof Avon (the “Town”) as a whole and to develop and rehabilitate the Area by private enterprise, it is not intended to replace the efforts of the area business development or marketing organizations. The rehabilitation and redevelopment of properties with the Urban Renewal Area will be accomplished through the improvement of existing structures and infrastructure, attraction of new investment and reinvestment, and prevention of deterioration of properties in the Area. The effort will involve the Authority and the Town Council with participation and cooperation by the private sector. The Authority will arrange with the Town to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Urban Renewal Areaas is necessary or appropriate. Such activities shall utilize applicable Town standards and regulations for the purpose of implementing the Plan. 1.4Public Participation.The Plan has been made available to business and property owners located within and adjacent to the Plan boundaries, as well as other Avon residents. Reasonableefforts were taken to provide notification of the public hearing to property owners, residents, and owners of business concerns at their last known address of record within the Areas as required by the Act. Input on the Plan’s content was solicited of Area residents, property and business owners, and tenants (“stakeholders”) during stakeholder meetings held during the Spring of 2007. It is the intent of the Authority and Town Council to provide for public comment on proposed developments and planning efforts which advance the purposes of the Plan. Specific development proposals will be submitted for approval by the Authority. 1.5Definitions.In addition to the terms previously defined in the text, the following terms are used in this Urban Renewal Plan: Cooperation Agreement–means any agreement between the Authority and the Town or any public body (the term “public body” being used in this Urban Renewal Plan as defined by the Act) respecting action to be taken pursuant to any of the powers set forth in the Act or in any other provision of Colorado Law, for the purpose of facilitating public undertakings deemed necessary or appropriate by the Authority under this Urban Renewal Plan. Avon Urban Renewal Plan Page 4 Town Center West Area Revised November 10, 2015 Redevelopment/Development Agreement–means an agreement between the Authority and developer(s) regarding the redevelopment or development of property within the Urban Renewal Area. Urban Renewal Project–meansundertakings and activities for the elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Such undertakings and activities may include: (a) Acquisition of a slum area or a blighted area or portion thereof; (b) Demolition and removal of buildings and improvements; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of this part 1 in accordance with the urban renewal plan; (d) Disposition of any property acquired or held by the authority as a part of its undertaking of the urban renewal project for the urban renewal areas (including sale, initial leasing, or temporary retention by the authority itself) at the fair value of such property for uses in accordance with the urban renewal plan; (e) Carrying out plans for a program through voluntary action and the regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and (f) Acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. 2.0QUALIFYING CONDITIONS 2.1The Town Center West Area (Site) Conditions Survey, dated \[July/August \] 2007 (the “survey”), was completed by the Denver, Colorado office of Matrix Design Group. The Survey illustrates the location of qualifying conditions and is incorporated into this Urban Renewal Plan by reference. A “blighted area” may include a wide array of urban problems, which can range from physical deterioration of buildings and the environment, to health, social and economic problems in a particular area. The Act requires that the presence of at least four of the following factors contribute to the finding of a “blighted area.” (a)Slum, deteriorated, or deteriorating structures; (b)Predominance of defective or inadequate street layout; (c)Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d)Unsanitary or unsafe conditions; (e)Deterioration of site or other improvements; (f)Unusual topography or inadequate public improvements or utilities; Avon Urban Renewal Plan Page 5 Town Center West Area Revised November 10, 2015 (g)Defective or unusual conditions of title rendering the title non-marketable; (h)The existence of conditions that endanger life or property by fire or other causes; (i)Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j)Environmental contamination of buildings or property; (k)the existing of health, safety, or welfare factors requiring high levels of municipal services or substantial physical and underutilization of vacancy of sites, buildings, or other improvements; and (l)If there is no objection of such property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in any urban renewal area, “blighted area” also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k) above, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing eminent domain. Based on the Survey completed in connection with the adoption and approval of the Urban RenewalPlan, 8 of the 11qualifying factors indicative of a blighted area, as defined in the Act, are present within the Urban Renewal Area. Factors not found within the Area included: (A) slum, deteriorated, or deteriorating structures; (G) defective or unusual conditions of title rendering the title non-marketable;and, (J) environmental contamination of buildings or property. (Note: A detailed title search of properties within the Area was not conducted.) 3.0RELATIONSHIP TO COMPREHENSIVE PLAN.A general plan for the Town known as the Town of Avon Comprehensive Planwas adopted in February 2006. The plan specifically states, “In order for Avon to realize its vision and its associated community goals and objectives, the key challenge facing Avon is to enhanceits Town Center Districts.” Additionally, it says, “The Town Center Districts (East and West) are intended to be Avon’s focal point for social, business and cultural activities. Specifically, the Town Center Districts are anticipated to provide mixed-use development of the highest intensity within the community supported by an exceptional pedestrian-oriented environment including comfortable spaces, exceptional views, and intimate gathering places.” (Page 31) Specific goals and policies ofthe Comprehensive Plan that this Plan will further include the following: B. Built Form.Policy B.1.9:Encourage redevelopment and revitalization of currently outdated, rundown, or otherwise neglected areas. (Page 40) Avon Urban Renewal Plan Page 6 Town Center West Area Revised November 10, 2015 C. Land Uses.Policy C.1.3:Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services. (Page 42) E. Economic Development.Goal E.2:Ensure the ability to fund and implement the necessary development and redevelopment by encouraging strategic use of town funds to leverage high quality private sector investment. Policy E.2.1: Pursue economic development benefitting the Town of Avon by using local, county, state or federal resources that are available including incentive programs and selection criteria. Community funds should be applied to different projects based upon level of projected public investment versus revenue returns to theTown. (Page 48) Policy E.2.3:Encourage private investments in Avon through such tools and strategies as tax increment financing for specific development proposals, general improvement district bonds, expedited review processes, public/private financing mechanisms, applying for development redevelopment grants, and participation (cost and revenue) in delivering infrastructure and serves as advantageous to the Town and its economic development efforts. (Page 49) G. Transportation.Policy G.1.17:Acquire alternative funding sources for operations and capital improvements to the transportation system: federal/state grants, public/private cost sharing opportunities, etc. (Page 56) Specific planning principles (by District) within the Comprehensive Plan that this Plan will further include the following: District 1: West Town Center District (Page 71) The role of the West Town Center District is to serve as the heart of the community. Social, cultural, intellectual, political, and recreational gatherings occur in this district. In addition, the district acts as the common ground between the full-time residents, part-time residents, and destination guests through diverse retail and entertainment opportunities. The West Town Center District will be an intensely developed mixed use, pedestrian-oriented area that serves as the primary focus for residential lodging development within the overall Town Center. Currently, this district provides a diversity of land uses in vertically mixed-use buildings. Uses include retail, office, residential,government services, civic facilities, and parks loosely grouped around a 50-foot pedestrian mall right-of-way. Planning Principles: Create a new “main Street” in the existing pedestrian mall right-of-way. Realign West Benchmark Road to improve circulation in the area and enhance the development feasibility of vacant parcels. Avon Urban Renewal Plan Page 7 Town Center West Area Revised November 10, 2015 Link pedestrian, bicycle, and automobile circulation to and through Avon’s Towns Center, Nottingham Park, the Confluence site, and the Eagle River. Develop a multi-modal transit center. Develop a parking structure associated with the expansion of Avon’s Recreation Center. Develop a mix of uses that provides a strong residential and lodging bed base supported by community and guest commercial uses. Create inviting storefronts with retail, restaurant, and entertainment uses on ground levels and offices, lodging, and residential uses above. Establish public plazas and other gathering spaces for community interaction and social events. Provide entertainment opportunities for residents and guests to enliven the area and promoted and extended retail hours. Use signage, streetscape design, landscaping, pointsof interest, and other wayfinding elements to help orient visitors to important destinations within the district and larger Town Center. Use architectural detailing on ground level/first floor to enhance the pedestrian environment that includes a human scale, display windows, appropriate lighting, and other pedestrian amenities. Site buildings of various sizes along the street edge to maximize sun exposure, protect views, and break up building bulk. Develop a new transit center and private/public structured parking facilities that provide easy access to and through the district. Additional relevant district references are provided below: District 3: Confluence District (Page 75) District 4: Avon Road Corridor (Page 77) District 5: Nottingham Park District (Page 79) District 12: Railroad Corridor (Page 91) District 13: Nottingham Road Commercial District (Page 93) District 21: NottinghamPark Residential District District 23: I-70 Gateway Avon Urban Renewal Plan Page 8 Town Center West Area Revised November 10, 2015 4.0LAND USE PLAN AND PLAN OBJECTIVES 4.1General Description.The vision for revitalization of the Area is the creation of high quality commercial and mixed-use development which integrate a range of non-residential uses with residential uses (vertically integrated) where appropriate, as well as property improvements, supported by strategic public involvement in infrastructure (including utilities) and parking with and adjacent to the Area boundaries. Development with the Town Center West Area is positioned to serve as the catalyst for change in this commercial core of the Town. The combination of uses will further promote development and redevelopment of the entire Town Center District as an urban “neighborhood” with retail, business, lodging, residential, civic, cultural and public elements while physically connecting existing uses and improving circulation among multiple forms of transportation. Existing conditions present within the Areas will be remedied by the Plan, but will need to first be identified as priority public investments by the Authority in consultation with the Town Council and community. Improvements will be partially funded by tax increment revenues. Creation of special districts or other financing districts to serve as supplemental funding sources will also be considered. 4.2Urban Renewal Plan Review Process.The review process for the Urban Renewal Plan is intended to provide a mechanism to allow those parties responsible for implementing the Plan to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing the recommended urban renewal activities. The Urban Renewal Plan may be modified at any time; but, if modified after the lease or sale bythe Authority of real property in the Urban Renewal Area, such modification shall be subject to such rights at law or in equity as a lessee or purchaser or his successor in interest may be entitled to assert. Any proposed modification shall be submitted to the Town Council for a resolution as to whether or not such modification will substantially change the Urban Renewal Plan in land area, land use, design, building requirements, timing, or procedure, as previously approved, and, if the Town Council findsthat there will be a substantial change, its approval of such modification shall be subject to the requirements of the Act relating to the substantial modification of an urban renewal plan. Proposed modifications to the Plan may be submitted to the Town Council by the Authority, Town residents, owners of property or business within the Town, Town staff, or other members of the community. A series of joint workshops may be held by and between the Authority and interested members of the community to direct and review the development of Plan modifications. 4.3Development and Design Objectives.The development objectivesfor the Urban Renewal Area includes establishment of uses that will allow undertakings and activitiesto respond to changing market conditions. Potential land uses within the Urban Renewal Area include a range of retail, business, lodging, civic, cultural, residential and parking uses. Design objectives for the Urban Renewal Area are addressed in the West Town Center Design Guidelines dated February 2007. Development objectives generally promote flexibility, adaptability to a range of uses and product type and consistency with prevailing market conditions. Other objectives include: (a)Eliminate and prevent blight Avon Urban Renewal Plan Page 9 Town Center West Area Revised November 10, 2015 (b)Implement the Town of Avon Comprehensive Plan (c)Ensure orderly growth (d)Stimulate development of vacant and underutilized land in and adjacent to the Area (e)Improve relationship between this Area and surrounding areas (f)Increase property values and strengthen the Town’s economic base (g)Provide uses supportive of and complementary to planned improvements (transportation, transit, utilities, parking, etc.) (h)Encourage a mix of uses and project types (i)Promote a variety of products to address multiple market segments (j)Encourage continued presence of business consistent with the Plan vision (k)Provide a range of financing mechanisms for private property re-investment and investment (l)Encourage public-private partnerships to implement the Plan (m)Facilitate cooperation among governmental agencies (n)Advance higherstandards through quality design and material selection (o)Landscape streetscapes and gateways to unify uses and Plan components (p)Ensure sensitivity to existing surrounding uses 4.3.1Development Opportunities –Catalyst Development.A key concept associated with implementation of the Plan is targeted investment that will serve to catalyze development throughout the Area and fund public improvements. 4.4Development Standards.All development in the Plan Area shall conform to the Town ofAvon Comprehensive Plan, Town of Avon Development Code Title 7 (DevelopmentCode), Town of Avon Municipal Code Title 15 (Building and Construction Code), Town Center West Design Guidelines, and any site-specific zoning for properties in the Urban Renewal Area that are in effect or as may be adopted or as amended from time to time. In conformance with the Act and this Urban Renewal Plan, the Authority may adopt additional standards and other requirements applicable to the properties in the Urban Renewal Area. Unless otherwise approvedby Town Council resolution, any such standards and requirements adopted by the Authority shall be consistent with all other zoning and development policies and regulations of the Town. Avon Urban Renewal Plan Page 10 Town Center West Area Revised November 10, 2015 4.5Public Improvements and Facilities.The Authority may, or may cause others to, undertake certain activities to make the Urban Renewal Area more attractive for private investment. The Authority may, or may cause others to, install, construct, and reconstruct any public improvement in the Urban Renewal Area, including, without limitation, streets, sidewalks, underground utility and service facilities, streetscapes, pedestrian corridors, parking facilities, Town offices, and other public buildings and facilities. The Authority also may, or may cause others to, install, construct and reconstruct any other authorized improvements in the Urban Renewal Area, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Urban Renewal Plan and the Act. Public improvements and facilitiesare intended to stimulate (directly and indirectly) private sector investment in and around the Urban Renewal Area. The combination of public and private investment will assist in the investment and conversion of the Urban Renewal Area into a viable commercial, residential, lodging, employment, civicand mixed-use neighborhood supported by multiple forms of transportation with supporting public spaces contributing to increased property and sales taxes. 4.5.1Infrastructure.New infrastructure, including utilities,that isrequired will be located in public right-of-ways or dedicated easements. These improvements will be added to existing infrastructure to the extent possible. Existing services may be removed or abandoned to accommodate new development in the Area. In undertaking all activities and improvements pursuant to this Urban Renewal Plan, the Authority shall comply with all applicable building and developmentregulations, and other applicable ordinances of the Town. All Town ordinances and other regulations relating to utility relocation will remain in effect. 4.5.2Specific Public Projects.The following specific public projects are identified as advancing and promoting the purposes of this Plan and are considered eligible for expenditureand financing, such expenditures include but are not limited toplanning, design,engineering,legal, construction, installation, property acquisition,and property improvement. The following list of specific public projects is not intended to be exclusive and actual public projects may vary in design, location and use as deemed appropriate during the applicable development and design review process in accordance with the Avon Development Code and other applicable Town processes. Potential improvements to Harry A.. Nottingham Park; Key Program Elements Flexible multi-purpose community space with support facilities for the Avon Pavilion and other events at Nottingham Park; Public restrooms; Expanded turf areas for ballfields, including a championship size soccer field,and additional venue seating for Avon Pavilion and other events at Nottingham Park; Improvedconnection to the Main Street Mall; and Parkingfacilities to support Nottingham Park and to meet other public demands. Avon Urban Renewal Plan Page 11 Town Center West Area Revised November 10, 2015 Other Desired Elements Improved connectionto the Eagle River and the regional trail system; Indoor ice arena; Outdoor ice rink/summer splash park; Covered outdoor ice rink/ summer flex space; Nordic center with groomed trails; Concessions/skate and ski rentals; Better connectivity to neighborhoods to the West; Designed areas with appropriate utility connection, ingress and egress forfood trucks; Skate park; Bike share facilities; Pedestrian amenities; Children’s music park; Wading lagoon; Picnic pavilion; Dog park; Community fire pit; Relocated playground; Relocated paddle boats; Mixed Use building including conference/event space, lodging, and/or affordable housing; and Incorporate parking structure. Road, Complete Street and Pedestrian Connections: Improvements to right-of-ways within and adjacent to the Town Center West Area, including but not limited to West Beaver Creek Boulevard and Avon Boulevard, that improve vehicle transportation and parking, pedestrian accessibility, and multi- modal use, andenhance the accessibility and attractiveness of the Town Center West Area. Potential Improvements to Fire Station Site: Construction of a new Town Hall facility; Live/workdevelopment; Workforce housing; Art studio with artists in residence; and Skatepark. Potential New Town Hall Facility: Acquisition and interior finish of the Phase 1B Office Building in the Mountain Vista Resort Subdivision, Avon Colorado, for a new Town Hall facility. Avon Urban Renewal Plan Page 12 Town Center West Area Revised November 10, 2015 Acquisition and improvement of other property within the West Town Center Urban Renewal Plan Area for a new Town Hall facility. 4.6Other Improvements and Facilities.There could be other non-public improvements in the Urban Renewal Area that may be required to accommodate development. The Authority may assist in the financing or construction of these improvements to the extent authorized by the act and other applicable law. 5.0PROJECT IMPLEMENTATION.The Act allows for a wide range of activities to be used in the implementation of an urban renewal area. It is the intent of the Authority to provide incentives to stimulate private investment in cooperation with property owners and other affected parties in order to accomplish the objects of the Plan. Public-private partnership and other forms of cooperative development will be key to the Authority’s strategy for preventing the spread of blight and eliminating blight conditions. This Plan does not authorize the use of eminent domain by the Authority. In order for the Authority to exercise eminent domain powers in the future, the Town Council must approve a substantial modifications tot he Urban Renewal Plan and comply with the applicable requirements of the Act. 5.1Property Acquisition and Land Assemblage.The Authority may acquire property by negotiations or any other method authorized by the Act other than eminent domain, as discussed in Section 5.0 above. The Authority may temporarily operate, manage and maintain property acquired in the Urban Renewal Area. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. 5.2Relocation Assistance.It is not anticipated that acquisition of real property by the Authority will result in therelocation of any individual, families, or business concern. However, if such relocation becomes necessary, the Authority shall adopt a relocation plan in conformance with the Act and consistent with specific objectives which will be identified in that Plan. 5.2.1Mitigate inconvenience and expense.Development of any relocation program for the Area will be designed to mitigate the inconvenience and expense of individuals, families and business concerns that may be displaced by acquisition of property by the Authority. 5.2.2Information Program.Any relocation program will be accompanied by an information program to keep all affected parties advised of relocation activities on a continuing basis and to encourage all such parties to keep the Authority informed of their needs and requirements. 5.3Demolition, Clearance, and Site Preparation.In carrying out this Urban Renewal Plan, it is anticipated that the Authority may be required to demolish and clear buildings, structures and other improvements from property in the Urban Renewal Area. Additionally, the development activities consistent with this Plan, including but not limited to Development or Cooperation Agreements, may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. With respect to property acquired by the Authority, it may demolish and clear, or contract to demolish and clear, those buildings, structures and other improvements from property pursuant to Avon Urban Renewal Plan Page 13 Town Center West Area Revised November 10, 2015 this Urban Renewal Plan if in the judgment of the Authority such buildings, structures and other improvements can not be rehabilitated in accordance with this Urban Renewal Plan. The Authority may also undertake such additional site preparation activities, as it deems necessary, to facilitate the disposition and development of such property. 5.4Property Disposition.The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for uses in accordance with the Act and this Urban Renewal Plan. All property and interest in real estate acquired by the Authority in the Urban Renewal Area that is not dedicated or transferred to public entities, shall be sold or otherwise disposed of for redevelopment in accordance with the provisions of this Plan and the Act. 5.5Redevelopment and Rehabilitation Actions.Redevelopment and rehabilitation actions within the Urban Renewal Area may include such undertakings and activities as are in accordance with this Urban Renewal Plan and the Act, including without limitation: demolition and removal of buildings and improvements as set forth herein; acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide landor buildingsfor needed public facilities. The Authority may enter into agreements with private parties or public entities to provide assistance or undertake all other actions authorized by the Act or other applicable law to redevelopment and rehabilitate the Urban Renewal Area. 5.6Redevelopment Agreements.The Authority is authorized to enter into Redevelopment Agreements or other contracts with developer(s) or property owners or such other individuals or entities as are determined by the Authority to be necessary or desirable to carry out the purposes of this Urban Renewal Plan. Such Redevelopment Agreements, or other contracts, may contain such terms andprovisions as shall be deemed necessary or appropriate by the Authority for the purpose of undertaking the activities contemplated by this Urban Renewal Plan and the Act, and may further provide for such undertakings by the Authority, including financial assistance, as may be necessary for the achievement of the objectives of this Urban Renewal Plan or as may otherwise be authorized by the Act and other applicable law. 6.0PROJECT FINANCING 6.1Public Investment Objective.It is the intent of the Town Council and the Authority that the public sector play a significant role in revitalization efforts as a strategic partner. However, experience has proven that a critical component to the success of any revitalization strategy is participation by both the public and private sector. Leveraging of resources will be key as no one entity, either public or private, has sufficient resources alone to sustain a long-term improvement effort. Typical public investments may include but are not limited to: unifying streetscape elements, improving access, circulation and connections to future transit improvements; providing for gateway improvements and public parking; completing utilities and other infrastructure improvements; public buildings and facilities; and, facilitating creation of special districts or other financing mechanisms. Avon Urban Renewal Plan Page 14 Town Center West Area Revised November 10, 2015 6.2Authorization.The Authority may finance this Urban Renewal Plan by any method authorized under the Act or any other applicable law, including without limitations, the following: issuance of notes and bonds in an amount sufficient to financing all or part of this Plan; borrowing of funds and creation of indebtedness; advancement and reimbursement agreements; federal or state loans or grants; interest income;annual appropriation agreements; agreements with public or private entities; and loans, advances and grants for any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. 6.3Project Revenues Tax Increment Financing The primary method of financing this Plan is expected to be the use of property tax increments as authorized by Section 31-25-107(9), C.R.S. (the “TIF Statute”), which is by this reference incorporated herein as if set forth in its entirety. The property tax increments will be collected, divided, distributed, utilized and in all other ways administered as set forth in the TIF Statute. The Town Council may allocate Town sales tax increments in addition to property tax increments as approving a modification to the Plan in accordance with the Act. The Town and Authority may enter into agreements with other public bodies and private parties to provide financial assistance in support of development projects consistent with this Plan as may be more fully set forth in the provisions of such agreements. Existing agreements between the Town and private parties that are consistent with this Plan are intended to remain in full force and effect. Confluence Metropolitan District and Avon Station Metropolitan District The Town has entered into an intergovernmental agreement dated February 27, 2007 (the “District IGA”), with Avon Station Metropolitan District and Confluence Metropolitan Districts (together, the “Districts”). Pursuant to the District IGA, the Authority shall remit to the Districts any tax increment receipts resulting from real property taxes and specific ownership taxes from property within the boundaries of the Districts as of the date of the District IGA, other than Lot B of the Avon Station Metropolitan District (as described in the District IGA), that would otherwise be payable to the Districts, except for any incremental real property taxes or specific ownership taxes generated by an increase in the total number of permitted dwelling unites or commercial square footage in the zoning entitlements existing as of the date of the District IGA. The Town shall continue to remit such receipts, if any, to the Districts until December 31, 2047. 6.4Financing Mechanisms and Structures.The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. The Authority is committed to making a variety of strategiesand mechanisms available which are financial, physical, market and organizational in nature. It is the intent of the Town Council and the Authority to use the tools either independently or in various combinations. Given the obstacles associated with infill development, the Authority recognizes that it is imperative that solutions and resources be put in place that re comprehensive, flexible and creative. Such resources may include, without limitation, special districts and improvement districts approved by the Town Council. Avon Urban Renewal Plan Page 15 Town Center West Area Revised November 10, 2015 7.0CHANGES AND MINOR VARIATIONS FROM ADOPTED PLAN 7.1Changes in the Approved Urban Renewal Plan.This Urban Renewal Plan may be modified pursuant of the provision of the Act governing such modification, including Section 31-25-107 thereof, as the same may be amended from time to time. 7.2Minor Variations.In specific cases, where a literal enforcement of the provisions contained the Urban Renewal Plan constitutes an unreasonable limitation beyond he intent and purpose of these provisions, the Authority may allowminor variations from these provisions to the extent authorized by the Act and other applicable law. 7.3Cooperation Agreements.For the purposes of implementing this Plan, the Authority may enter into one or more Cooperation Agreements with the Town or other public bodies pursuant to the Act. Such Cooperation Agreements may include, without limitation, agreements regarding the planning or implementation of this Urban Renewal Plan and its projects, as well as programs, public works operations, or activities which the Authority, the Town or such other public body is otherwise authorized by law toundertake, including without limitation, agreements respecting the financing, installation, construction and reconstruction of public improvements, utility line relocation, storm water detention, environmental remediation, landscaping and/or other eligible improvements within the Urban Renewal Area. The Town and Authority recognize the need to cooperate in the implementation of this Urban Renewal Plan for purposes including, without limitation, project financing and administering the construction of public improvements. This paragraph shall not be construed to require any particular form of cooperation. 8.0INTERPRETATION.The language in this Urban Renewal Plan shall be interpreted to conform to the Act, and if there is any conflict between the Act and this Urban Renewal Plan, the provisions of the Act shall control. 9.0SEVERABILITY.If any portion of the Urban Renewal Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Urban Renewal Plan. Avon Urban Renewal Plan Page 16 Town Center West Area Revised November 10, 2015 Avon Urban Renewal Authority Urban Renewal Plan Town Center West Area Adopted August 14, 2007 Revised November 10, 2015 Avon Urban Renewal Authority Urban Renewal Plan Town Center West Area 1.0PREFACE AND BACKGROUND 1.1Preface. This Town Center West Area Urban Renewal Plan (Å Plan Æ or Å Urban Renewal Plan Æ) has been approved by the Town Council of the Town of Avon and will be carried out by the Avon Urban Renewal Authority (Å Authority Æ) pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended (ÅActÆ). The administration and enforcement of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. Notice of the public hearing to consider the Plan was published in the Eagle Valley Enterprise on July 12, 2007. The Plan was adopted by the Town Council after a public hearing thereon August 14, 2007. 1.2Description of Urban Renewal Area. According to the Act, the jurisdictional boundaries of the Authority are the same as the boundaries of the Town. Additionally, within the Town boundaries there may be one or more urban renewal areas. Under the Act, a blighted area that has been designated by the Town Council as appropriate for an urban renewal project may qualify as an urban renewal area. A blighted area is defined in part by the presence of certain factors listed in the Act. The Authority may implement an urban renewal projectsproject within an urban renewal area in order to eliminate and prevent the development or spread of blight. The Town Center West Area included in the Urban Renewal Plan (referred to herein as the Å Urban Renewal Area Æ or the Å Area Æ) is located in the Town of Avon, Eagle County, Colorado. The boundaries of the Area (reflected in Figure 1 following the legal description) generally include properties located in the commercial area known as Avon West Town Center. The Area is bisected from east to west by Interstate 70 and generally bounded bond on the south by the Eagle River and Denver and Rio Grande Western Railroad tracks, on the west by West Beaver Creek Boulevard, and on the east by Avon Road and undeveloped parcels along the east side of Buck Creek Road. The northern boundary in the western half of the Area is the southern I-70 right-of- way, and in the eastern half is the northwester right-of-way of Buck Creek Road. A legal description for this area is included in Section 1.2.1 of this Plan. A legal description controls the boundary description in case of a conflict. The boundaries of the Urban Renewal Area are drawn as narrowly as feasible to accomplish the planning and development objectives of this Urban Renewal Plan. (A)Legal Description A parcel of land located in Sections 1, 2, 11 and 12, Township 5 South, Range 82 West of the Sixth Principal Meridian and being in the Town of Avon, Eagle County, Colorado, more particularly described as follows;: Avon Urban Renewal Plan Page 1 Town Center West Area Revised November 10, 2015 The True Point of Beginning being the southeast corner of Tract C, Block 1, Benchmark at Beaver Creek Amendment No. 4, a subdivision Recorded in Book 274 at Page 701 of the Records of the Clerk and Recorders Office of Eagle County, Colorado, said point also being on the east line of the west of said Section 12; Thence N 00¡04È56Æ W a distance of 1024.42 feet along said east line to the southeast corner of west of the SE of said Section 1; Thence continuing along the east line of the west of said Section 1 N 00¡19È33Æ W a distance of 2,232.71 feet to the intersection of the west right-of-way line of Buck Creek Road and the Northeast Corner of Wildwood Resort, a subdivision as recorded in Reception No. 308239; Thence S 38¡27È09Æ W along said Buck Creek Road right-of-way a distance of 1690.76 feet to a point; Thence continuing along said right-of-way S 44¡56È12Æ W a distance of 196.89 feet to a point of curvature; Thence 227.27 feet along said curve to the right having a radius of 633.82 feet, a central angle of 20¡32È40Æ having a chord bearing and distance of S 55¡12È32Æ , 226.05 feet to a point of reverse curve to the left having a radius of 330.00 feet; Thence 58.73 feet along said curve through a central angle of 10¡11È46Æ, having a chord bearing and distance of S 60¡21È19Æ , 58.65 feet to a point of tangency; Thence S 59¡08È32Æ W a distance of 65.55 feet to a point of curvature of a curve to the left having a radius of 175.00 feet; Thence 95.85 feet along said curve through a central angle of 31¡22È49Æ, having a chord bearing and distance of S 43¡27È07Æ W, 94.65 feet to a point; Thence S 65¡18È24Æ W a distance of 100.00 feet to a point on the northerly right-of-way of Nottingham Road; Thence S 27¡53È50Æ W across said road a distance of 50.00 feet to a point on the north line of Lot 6, Block 1, Benchmark at Beaver Creek Subdivision; Thence S 62¡06È10Æ E along said north line a distance of 111.29 feet to the northeast corner of said lot; Thence S 27¡53È50Æ W along the east line of said lot a distance of 195.82 to the southeast corner of said lot and on the northerly right-of-way of Interestate 70; Thence S 28¡32È30Æ W a distance of 410.78 feet across said Interestate to the northeast corner of Lot 34, Block 2, Benchmark at Beaver Creek and on the southerly right-of-way of said Interstate 70; Thence N 48¡25È45Æ W along said right-of-way a distance of 287.54 feet to a point of curvature of a non-tangent curve to the left having a radius of 4408.70; Thence 2330.10 feet along said curve and said right-of-way through a central angle of 30¡16È58Æ, having a chord bearing and distance of N 77¡29È16Æ W, 2303.08 feet to a point of compound curve and the Northeast corner of Lot 2, Block 1, Benchmark a Beaver Creek and the northerly right-of-way of Beaver Creek Boulevard, said curve having a radius of 578.40 feet; Thence 760.55 feet along said curve and said right-of-way through a central angle of 75¡20È22Æ, having chord bearing and distance of S 49¡42È04Æ W, 706.93 feet to a point of tangency; Thence S 12¡01È54Æ W along said right-of-way a distance of 421.90 feet to a point of curvature of a curve to the left having a radius of 310.00 feet; Thence 58.72 feet along said curve and said right-of-way through a central angle of 10¡51È31Æ, having a chord bearing and distance of S 17¡27È33Æ W, 58.63 feet to a point on the northerly right-of-way of the Denver and Rio Grande Western Railroad and being on a non-tangent curve to the left having a radius of 2914.93 feet; Thence 656.02 feet along said right-of-way line and said curve through a central angle of 12¡53È41Æ, having a chord bearing and distance of S 72¡24È58Æ E, 654.64 feet to a point of tangency; Thence continuing along said right-of-way S 65¡58È08Æ E a distance of 1779.33 feet to a point on the south line of Tract G, Block 2, Benchmark at Beaver Creek Subdivision; Thence N 89¡32È24Æ W a distance of 641.23 feet across said railroad to the Northwest corner of Tract A, Riverfront Subdivision, a subdivision recorded under Reception No. 2006-15950, and the approximate centerline of the Eagle River; Thence along said Subdivision the following 14 courses: 1)S 48¡07È07Æ E a distance of 132.54 feet; Thence 2)S 57¡20È38Æ E a distance of 341.10 feet; Thence Avon Urban Renewal Plan Page 2 Town Center West Area Revised November 10, 2015 3)S 49¡48È45Æ E a distance of 455.81 feet; Thence 4)S 47¡45È12Æ E a distance of 293.90 feet; Thence 5)S 43¡38È21Æ E a distance of 152.46 feet; Thence 6)S 50¡08È25Æ E a distance of 15501 feet; Thence 7)S 53¡40È57Æ E a distance of 187.35 feet; Thence 8)S 81¡24È46Æ E a distance of 214.94 feet; Thence 9)N 86¡02È47Æ E a distance of 162.26 feet; Thence 10)N 86¡37È53Æ E a distance of 197.41 feet to the southeast corner of said Riverfront Subdivision; Thence 11)N 12¡04È40Æ E a distance of 120.18 feet; Thence 12)N 12¡07È02Æ E a distance of 86.0 feet; Thence 13)N 21¡16È46Æ E a distance of 52.00 feet; Thence 14)N 04¡29È26Æ E a distance of 119.79 feet to the northeast corner of said Riverfront Subdivision and the southerly right-of-way of said Railroad; Thence N 29¡01È06Æ E a distance of 193.31 feet across said rail road to the intersection of the northerly right-of-way of said Railroad and the westerly right-of-way of Tract F (Avon Road) Benchmark at Beaver Creek Subdivision; Thence N 10¡26È15Æ E along said Avon Road right-of-way a distance of 715.74 feet to a point; Thence N 00¡07È15Æ E along said right-of-way a distance of 275.20 feet to a point; Thence N 13¡22È15Æ E along said right-of-way a distance of 114.60 feet to a point; Thence N 00¡05È45Æ E along said right-of-way a distance of 5.60 feet to a point; Thence N 35¡43È15Æ E along said right-of- way a distance of 105.60 feet to the intersection of the westerly right-of-way of said Avon Road, also being the Southerly right-of-way of said Interstate 70 and the Northeast cover of Lot 4, First Amendment to the Sunroad Subdivision; Thence S 54¡11È08Æ E along said Interstate 70 right-of- way a distance of 99.75 feet; Thence S 61¡46È15Æ E along said right-of-way a distance of 1066.50 feet to a point; Thence S 61¡46È15Æ E along said right-of-way a distance of 325.00 feet; Thence 2 54¡22È45Æ E along said right-of-way a distance of 268.99 feet to the southeast corner of Tract D, Benchmark at Beaver Creek (Interstate 70); thence N 25¡10È03Æ W a distance of 595.37 feet across said Interstate 70 to the True Point of Beginning containing 219.567 acres more or less. I hereby state that the above described legal description had been prepared by me or under my direct supervision. Prepared by Inter-Mountain Engineering, Duane D. Fehringer, P.E. & P.L.S. 26626, P.O. Box 978, Avon, CO 81620. The Area contains 100 parcels with a total parcel acreage of approximately 225 acres (including streets and right-of-way). (B)Figure 1, Urban Renewal Area The Urban Renewal Plan Concept Map is presented as Figure 2 on the following pagebelow. Avon Urban Renewal Plan Page 3 Town Center West Area Revised November 10, 2015 Insert Figure 1 Avon Urban Renewal Plan Page 4 Town Center West Area Revised November 10, 2015 Insert Figure 2 Avon Urban Renewal Plan Page 5 Town Center West Area Revised November 10, 2015 1.3Purpose of the Plan. The purpose of this Urban Renewal Plan is to reduce, eliminate and prevent the spread of blight within the Urban Renewal Area and to stimulate growth and investment within the Area boundaries. In particular, this Urban Renewal Plan is intended to promote local objectives with respect to appropriate land uses, private investment and public improvements provided that the delineation of such objectives shall not be construed to require that any particular project necessarily promote all such objectives. Specifically, the Plan promotes an environment which allows for a range of uses and product types which can respond to market conditions over time; further the goals and objectives the Town of Avon Comprehensive Plan adopted in February 2006 and other relevant policy document; and, leverage the communityÈs interest in public improvement projects in the Area. While the principal goal of the urban renewal effort, as required by the Act, is to afford maximum opportunity, consistent with the sound needs of the Town of Avon (the ÅTownÆ) as a whole and to develop and rehabilitate the Area by private enterprise, it is not intended to replace the efforts of the area business development or marketing organizations. The rehabilitation and redevelopment of properties with the Urban Renewal Area will be accomplished through the improvement of existing structures and infrastructure, attraction of new investment and reinvestment, and prevention of deterioration of properties in the Area. The effort will involve the Authority and the Town Council with participation and cooperation by the private sector. The Authority will arrange with the Town to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Urban Renewal Area as is necessary or appropriate. Such activities shall utilize applicable Town standards and regulations for the purpose of implementing the Plan. 1.4Public Participation. The Plan has been made available to business and property owners located within and adjacent to the Plan boundaries, as well as other Avon residents. Reasonable efforts were taken to provide notification of the public hearing to property owners, residents, and owners of business concerns at their last known address of record within the Areas as required by the Act. Input on the PlanÈs content was solicited of Area residents, property and business owners, and tenants (ÅstakeholdersÆ) during stakeholder meetings held during the Spring of 2007. It is the intent of the Authority and Town Council to provide for public comment on proposed developments and planning efforts which advance the purposes of the Plan. Specific development proposals will be submitted for approval by the Authority. 1.5Definitions. In addition to the terms previously defined in the text, the following terms are used in this Urban Renewal Plan: Cooperation Agreement Ã means any agreement between the Authority and the Town or any public body (the term Åpublic bodyÆ being used in this Urban Renewal Plan as defined by the Act) respecting action to be taken pursuant to any of the powers set forth in the Act or in any other provision of Colorado Law, for the purpose of facilitating public undertakings deemed necessary or appropriate by the Authority under this Urban Renewal Plan. Avon Urban Renewal Plan Page 6 Town Center West Area Revised November 10, 2015 Redevelopment/Development Agreement Ã means an agreement between the Authority and developer(s) regarding the redevelopment or development of property within the Urban Renewal Area. Urban Renewal Project Ã means undertakings and activities for the elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Such undertakings and activities may include: (a) Acquisition of a slum area or a blighted area or portion thereof; (b) Demolition and removal of buildings and improvements; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of this part 1 in accordance with the urban renewal plan; (d) Disposition of any property acquired or held by the authority as a part of its undertaking of the urban renewal project for the urban renewal areas (including sale, initial leasing, or temporary retention by the authority itself) at the fair value of such property for uses in accordance with the urban renewal plan; (e) Carrying out plans for a program through voluntary action and the regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and (f) Acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. 2.0QUALIFYING CONDITIONS 2.1The Town Center West Area (Site) Conditions Survey, dated \[July/August \] 2007 (the Å survey Æ), was completed by the Denver, Colorado office of Matrix Design Group. The Survey illustrates the location of qualifying conditions and is incorporated into this Urban Renewal Plan by reference. A Åblighted areaÆ may include a wide array of urban problems, which can range from physical deterioration of buildings and the environment, to health, social and economic problems in a particular area. The Act requires that the presence of at least four of the following factors contribute to the finding of a Åblighted area.Æ (a)Slum, deteriorated, or deteriorating structures; (b)Predominance of defective or inadequate street layout; (c)Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d)Unsanitary or unsafe conditions; (e)Deterioration of site or other improvements; (f)Unusual topography or inadequate public improvements or utilities; Avon Urban Renewal Plan Page 7 Town Center West Area Revised November 10, 2015 (g)Defective or unusual conditions of title rendering the title non-marketable; (h)The existence of conditions that endanger life or property by fire or other causes; (i)Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j)Environmental contamination of buildings or property; (k)the existing of health, safety, or welfare factors requiring high levels of municipal services or substantial physical and underutilization of vacancy of sites, buildings, or other improvements; and (l)If there is no objection of such property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in any urban renewal area, Åblighted areaÆ also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k) above, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing eminent domain. Based on the Survey completed in connection with the adoption and approval of the Urban Renewal Plan, 8 of the 11 qualifying factors indicative of a blighted area, as defined in the Act, are present within the Urban Renewal Area. Factors not found within the Area included: (A) slum, deteriorated, or deteriorating structures; (G) defective or unusual conditions of title rendering the title non-marketable; and, (J) environmental contamination of buildings or property.; (Note: A detailed title search of properties within the Area was not conducted.) 3.0RELATIONSHIP TO COMPREHENSIVE PLAN. A general plan for the Town known as the Town of Avon Comprehensive Plan was adopted in February 2006. The plan specifically states, ÅIn order for Avon to realize its vision and its associated community goals and objectives, the key challenge facing Avon is to enhance its Town Center Districts.Æ Additionally, it says, ÅThe Town Center Districts (East and West) are intended to be AvonÈs focal point for social, business and cultural activities. Specifically, the Town Center Districts are anticipated to provide mixed-use development of the highest intensity within the community supported by an exceptional pedestrian-oriented environment including comfortable spaces, exceptional views, and intimate gathering places.Æ (Page 31) Specific goals and policies of the Comprehensive Plan that this Plan will further include the following: B. Built Form. Policy B.1.9: Encourage redevelopment and revitalization of currently outdated, rundown, or otherwise neglected areas. (Page 40) Avon Urban Renewal Plan Page 8 Town Center West Area Revised November 10, 2015 C. Land Uses. Policy C.1.3: Focus lodging and guest accommodation in the Town Center Districts to take advantage of the proximity to retail, commercial and other community services. (Page 42) E. Economic Development. Goal E.2: Ensure the ability to fund and implement the necessary development and redevelopment by encouraging strategic use of town funds to leverage high quality private sector investment. Policy E.2.1: Pursue economic development benefitting the Town of Avon by using local, county, state or federal resources that are available including incentive programs and selection criteria. Community funds should be applied to different projects based upon level of projected public investment versus revenue returns to the Town. (Page 48) Policy E.2.3: Encourage private investments in Avon through such tools and strategies as tax increment financing for specific development proposals, general improvement district bonds, expedited review processes, public/private financing mechanisms, applying for development redevelopment grants, and participation (cost and revenue) in delivering infrastructure and serves as advantageous to the Town and its economic development efforts. (Page 49) G. Transportation. Policy G.1.17: Acquire alternative funding sources for operations and capital improvements to the transportation system: federal/state grants, public/private cost sharing opportunities, etc. (Page 56) Specific planning principles (by District) within the Comprehensive Plan that this Plan will further include the following: District 1: West Town Center District (Page 71) The role of the West Town Center District is to serve as the heart of the community. Social, cultural, intellectual, political, and recreational gatherings occur in this district. In addition, the district acts as the common ground between the full-time residents, part-time residents, and destination guests through diverse retail and entertainment opportunities. The West Town Center District will be an intensely developed mixed use, pedestrian-oriented area that serves as the primary focus for residential lodging development within the overall Town Center. Currently, this district provides a diversity of land uses in vertically mixed-use buildings. Uses include retail, office, residential, government services, civic facilities, and parks loosely grouped around a 50-foot pedestrian mall right-of-way. Planning Principles: Create a new Åmain StreetÆ in the existing pedestrian mall right-of-way. Realign West Benchmark Road to improve circulation in the area and enhance the development feasibility of vacant parcels. Avon Urban Renewal Plan Page 9 Town Center West Area Revised November 10, 2015 Link pedestrian, bicycle, and automobile circulation to and through AvonÈs Towns Center, Nottingham Park, the Confluence site, and the Eagle River. Develop a multi-modal transit center. Develop a parking structure associated with the expansion of AvonÈs Recreation Center. Develop a mix of uses that provides a strong residential and lodging bed base supported by community and guest commercial uses. Create inviting storefronts with retail, restaurant, and entertainment uses on ground levels and offices, lodging, and residential uses above. Establish public plazas and other gathering spaces for community interaction and social events. Provide entertainment opportunities for residents and guests to enliven the area and promoted and extended retail hours. Use signage, streetscape design, landscaping, pintspoints of interest, and other wayfinding elements to help orient visitors to important destinations within the district and larger Town Center. Use architectural detailing on ground level/first floor to enhance the pedestrian environment that includes a human scale, display windows, appropriate lighting, and other pedestrian amenities. Site buildings of various sizes along the street edge to maximize sun exposure, protect views, and break up building bulk. Develop a new transit center and private/public structured parking facilities that provide easy access to and through the district. Additional relevant district references are provided below: District 3: Confluence District (Page 75) District 4: Avon Road Corridor (Page 77) District 5: Nottingham Park District (Page 79) District 12: Railroad Corridor (Page 91) District 13: Nottingham Road Commercial District (Page 93) District 21: Nottingham Park Residential District District 23: I-70 Gateway Avon Urban Renewal Plan Page 10 Town Center West Area Revised November 10, 2015 4.0LAND USE PLAN AND PLAN OBJECTIVES 4.1General Description. The vision for revitalization of the Area is the creation of high quality commercial and mixed-use development which integrate a range of non-residential uses with residential uses (vertically integrated) where appropriate, as well as property improvements, supported by strategic public involvement in infrastructure (including utilities) and parking with and adjacent to the Area boundaries. Development with the Town Center West Area is positioned to serve as the catalyst for change in this commercial core of the Town. The combination of uses will further promote development and redevelopment of the entire Town Center District as an urban ÅneighborhoodÆ with retail, business, lodging, residential, civic, cultural and public elements while physically connecting existing uses and improving circulation among multiple forms of transportation. Existing conditions present within the Areas will be remedied by the Plan, but will need to first be identified as priority public investments by the Authority in consultation with the Town Council and community. Improvements will be partially funded by tax increment revenues. Creation of special districts or other financing districts to serve as supplemental funding sources will also be considered. 4.2Urban Renewal Plan Review Process. The review process for the Urban Renewal Plan is intended to provide a mechanism to allow those parties responsible for implementing the Plan to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing the recommended urban renewal activities. The Urban Renewal Plan may be modified at any time; but, if modified after the lease or sale by the Authority of real property in the Urban Renewal Area, such modification shall be subject to such rights at law or in equity as a lessee or purchaser or his successor in interest may be entitled to assert. Any proposed modification shall be submitted to the Town Council for a resolution as to whether or not such modification will substantially change the Urban Renewal Plan in land area, land use, design, building requirements, timing, or procedure, as previously approved, and, if the Town Council finds that there will be a substantial change, its approval of such modification shall be subject to the requirements of the Act relating to the substantial modification of an urban renewal plan. Proposed modifications to the Plan may be submitted to the Town Council by the Authority, Town residents, owners of property or business within the Town, Town staff, or other members of the community. A series of joint workshops may be held by and between the Authority and interested members of the community to direct and review the development of Plan modifications. 4.3 Development and Design Objectives. The development objectives for the Urban Renewal Area includes establishment of uses that will allow projectsundertakings and activities to respond to changing market conditions. Potential land uses within the Urban Renewal Area include a range of retail, business, lodging, civic, cultural, residential and parking uses. Design objectives for the Urban Renewal Area are addressed in the West Town Center Design Guidelines dated February 2007. Development objectives generally promote flexibility, adaptability to a range of uses and product type and consistency with prevailing market conditions. Other objectives include: Avon Urban Renewal Plan Page 11 Town Center West Area Revised November 10, 2015 (a)Eliminate and prevent blight (b)Implement the Town of Avon Comprehensive Plan (c)Ensure orderly growth (d)Stimulate development of vacant and underutilized land in and adjacent to the Area (e)Improve relationship between this Area and surrounding areas (f)Increase property values and strengthen the TownÈs economic base (g)Provide uses supportive of and complementary to planned improvements (transportation, transit, utilities, parking, etc.) (h)Encourage a mix of uses and project types (i)Promote a variety of products to address multiple market segments (j)Encourage continued presence of business consistent with the Plan vision (k)Provide a range of financing mechanisms for private property re-investment and investment (l)Encourage public-private partnerships to implement the Plan (m)Facilitate cooperation among governmental agencies (n)Advance higher standards through quality design and material selection (o)Landscape streetscapes and gateways to unify uses and Plan components (p)Ensure sensitivity to existing surrounding uses 4.3.1Development Opportunities Ã Catalyst ProjectsDevelopment. A key concept associated with implementation of the Plan is targeted investment that will serve to catalyze development throughout the Area and fund public improvements. 4.4Development Standards. All development in the Plan Area shall conform to the Town of Avon Comprehensive Plan, Town of Avon MunicipalDevelopment Code Title 17 (Zoning7 (Development Code), Town of Avon Municipal Code Title 15 (Building and Construction Code), Town Center West Design Guidelines, and any site-specific zoning for properties in the Urban Renewal Area that are in effect or as may be adopted or as amended from time to time. In conformance with the Act and this Urban Renewal Plan, the Authority may adopt additional standards and other requirements applicable to the properties in the Urban Renewal Area. Unless otherwise approved by Town Council resolution, any such standards and requirements adopted by Avon Urban Renewal Plan Page 12 Town Center West Area Revised November 10, 2015 the Authority shall be consistent with all other zoning and development policies and regulations of the Town. 4.5Public Improvements and Facilities. The Authority may, or may cause others to, undertake certain activities to make the Urban Renewal Area more attractive for private investment. The Authority may, or may cause others to, install, construct, and reconstruct any public improvement in the Urban Renewal Area, including, without limitation, streets, sidewalks, underground utility and service facilities, streetscapes, pedestrian corridors, and parking facilities, Town offices, and other public buildings and facilities. The Authority also may, or may cause others to, install, construct and reconstruct any other authorized improvements in the Urban Renewal Area, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Urban Renewal Plan and the Act. Public projectsimprovements and facilities are intended to stimulate (directly and indirectly) private sector investment in and around the Urban Renewal Area. The combination of public and private investment will assist in the investment and conversion of the Urban Renewal Area into a viable commercial, residential, lodging, employment, civic and mixed-use neighborhood supported by multiple forms of transportation with supporting public spaces contributing to increased property and sales taxes. 4.5.1Infrastructure. New infrastructure, including utilities, that is required will be located in public right-of-ways or dedicated easements. These improvements will be added to existing infrastructure to the extent possible. Existing services may be removed or abandoned to accommodate new development in the Area. In undertaking all activities and improvements pursuant to this Urban Renewal Plan, the Authority shall comply with all applicable building and zoningdevelopment regulations, and other applicable ordinances of the Town. All Town ordinances and other regulations relating to utility relocation will remain in effect. 4.5.2Specific Public Projects. The following specific public projects are identified as advancing and promoting the purposes of this Plan and are considered eligible for expenditure and financing, such expenditures include but are not limited to planning, design, engineering, legal, construction, installation, property acquisition, and property improvement. The following list of specific public projects is not intended to be exclusive and actual public projects may vary in design, location and use as deemed appropriate during the applicable development and design review process in accordance with the Avon Development Code and other applicable Town processes. Potential improvements to Nottingham Park; Key Program Elements Flexible multi-purpose community space with support facilities for the Avon Pavilion and other events at Nottingham Park; Public restrooms; Expanded turf areas for ballfields, including a championship size soccer field, and additional venue seating for Avon Pavilion and other events at Nottingham Park; Avon Urban Renewal Plan Page 13 Town Center West Area Revised November 10, 2015 Improved connection to the Main Street Mall; and Parking facilities to support Nottingham Park and to meet other public demands. Other Desired Elements Improved connection to the Eagle River and the regional trail system; Indoor ice arena; Outdoor ice rink/summer splash park; Covered outdoor ice rink/ summer flex space; Nordic center with groomed trails; Concessions/skate and ski rentals; Better connectivity to neighborhoods to the West; Designed areas with appropriate utility connection, ingress and egress for food trucks; Skate park; Bike share facilities; Pedestrian amenities; ChildrenÈs music park; Wading lagoon; Picnic pavilion; Dog park; Community fire pit; Relocated playground; Relocated paddle boats; Mixed Use building including conference/event space, lodging, and/or affordable housing; and Incorporate parking structure. Potential Improvements to Fire Station site: Construction of a new Town Hall facility; Live/work development; Workforce housing; Art studio with artists in residence; and Skatepark. Potential New Town Hall Facility: Acquisition and interior finish of the Phase 1B Office Building in the Mountain Vista Resort Subdivision, Avon Colorado, for a new Town Hall facility. Acquisition and improvement of other property within the West Town Center Urban Renewal Plan Area for a new Town Hall facility. Road, Complete Street and Pedestrian Connections: Avon Urban Renewal Plan Page 14 Town Center West Area Revised November 10, 2015 Improvements to right-of-ways within and adjacent to the Town Center West Area, including but not limited to West Beaver Creek Boulevard and Avon Boulevard, that improve vehicle transportation and parking, pedestrian accessibility, and multi- modal use, and enhance the accessibility and attractiveness of the Town Center West Area. 4.6Other Improvements and Facilities. There could be other non-public improvements in the Urban Renewal Area that may be required to accommodate development. The Authority may assist in the financing or construction of these improvements to the extent authorized by the act and other applicable law. 5.0PROJECT IMPLEMENTATION. The Act allows for a wide range of activities to be used in the implementation of an urban renewal area. It is the intent of the Authority to provide incentives to stimulate private investment in cooperation with property owners and other affected parties in order to accomplish the objects of the Plan. Public-private partnership and other forms of cooperative development will be key to the AuthorityÈs strategy for preventing the spread of blight and eliminating blight conditions. This Plan does not authorize the use of eminent domain by the Authority. In order for the Authority to exercise eminent domain powers in the future, the Town Council must approve a substantial modifications tot he Urban Renewal Plan and comply with the applicable requirements of the Act. 5.1Property Acquisition and Land Assemblage. The Authority may acquire property by negotiations or any other method authorized by the Act other than eminent domain, as discussed in Section 5.0 above. The Authority may temporarily operate, manage and maintain property acquired in the Urban Renewal Area. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment. 5.2Relocation Assistance. It is not anticipated that acquisition of real property by the Authority will result in the relocation of any individual, families, or business concern. However, if such relocation becomes necessary, the Authority shall adopt a relocation plan in conformance with the Act and consistent with specific objectives which will be identified in that Plan. 5.2.1Mitigate inconvenience and expense. Development of any relocation program for the Area will be designed to mitigate the inconvenience and expense of individuals, families and business concerns that may be displaced by acquisition of property by the Authority. 5.2.2Information Program. Any relocation program will be accompanied by an information program to keep all affected parties advised of relocation activities on a continuing basis and to encourage all such parties to keep the Authority informed of their needs and requirements. 5.3Demolition, Clearance, and Site Preparation. In carrying out this Urban Renewal Plan, it is anticipated that the Authority may be required to demolish and clear buildings, structures and other improvements from property in the Urban Renewal Area. Additionally, the development activities consistent with this Plan, including but not limited to Development or Cooperation Agreements, Avon Urban Renewal Plan Page 15 Town Center West Area Revised November 10, 2015 may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. With respect to property acquired by the Authority, it may demolish and clear, or contract to demolish and clear, those buildings, structures and other improvements from property pursuant to this Urban Renewal Plan if in the judgment of the Authority such buildings, structures and other improvements can not be rehabilitated in accordance with this Urban Renewal Plan. The Authority may also undertake such additional site preparation activities, as it deems necessary, to facilitate the disposition and development of such property. 5.4Property Disposition. The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for uses in accordance with the Act and this Urban Renewal Plan. All property and interest in real estate acquired by the Authority in the Urban Renewal Area that is not dedicated or transferred to public entities, shall be sold or otherwise disposed of for redevelopment in accordance with the provisions of this Plan and the Act. 5.5Redevelopment and Rehabilitation Actions. Redevelopment and rehabilitation actions within the Urban Renewal Area may include such undertakings and activities as are in accordance with this Urban Renewal Plan and the Act, including without limitation: demolition and removal of buildings and improvements as set forth herein; acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land or buildings for needed public facilities. The Authority may enter into agreements with private parties or public entities to provide assistance or undertake all other actions authorized by the Act or other applicable law to redevelopment and rehabilitate the Urban Renewal Area. 5.6Redevelopment Agreements. The Authority is authorized to enter into Redevelopment Agreements or other contracts with developer(s) or property owners or such other individuals or entities as are determined by the Authority to be necessary or desirable to carry out the purposes of this Urban Renewal Plan. Such Redevelopment Agreements, or other contracts, may contain such terms and provisions as shall be deemed necessary or appropriate by the Authority for the purpose of undertaking the activities contemplated by this Urban Renewal Plan and the Act, and may further provide for such undertakings by the Authority, including financial assistance, as may be necessary for the achievement of the objectives of this Urban Renewal Plan or as may otherwise be authorized by the Act and other applicable law. 6.0PROJECT FINANCING Avon Urban Renewal Plan Page 16 Town Center West Area Revised November 10, 2015 6.1Public Investment Objective. It is the intent of the Town Council and the Authority that the public sector play a significant role in revitalization efforts as a strategic partner. However, experience has proven that a critical component to the success of any revitalization strategy is participation by both the public and private sector. Leveraging of resources will be key as no one entity, either public or private, has sufficient resources alone to sustain a long-term improvement effort. Typical public infrastructure investments may include but are not limited to: unifying streetscape elements, improving access, circulation and connections to future transit improvements; providing for gateway improvements and public parking; completing utilities and other infrastructure improvements; public buildings and facilities; and, facilitating creation of special districts or other financing mechanisms. 6.2Authorization. The Authority may finance this Urban Renewal Plan by any method authorized under the Act or any other applicable law, including without limitations, the following: issuance of notes and bonds in an amount sufficient to financing all or part of this Plan; borrowing of funds and creation of indebtedness; advancement and reimbursement agreements; federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants for any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. 6.3Project Revenues Tax Increment Financing The primary method of financing this Plan is expected to be the use of property tax increments as authorized by Section 31-25-107(9), C.R.S. (the ÅTIF StatuteÆ), which is by this reference incorporated herein as if set forth in its entirety. The property tax increments will be collected, divided, distributed, utilized and in all other ways administered as set forth in the TIF Statute. The Town Council may allocate Town sales tax increments in addition to property tax increments as approving a modification to the Plan in accordance with the Act. The Town and Authority may enter into agreements with other public bodies and private parties to provide financial assistance in support of development projects consistent with this Plan as may be more fully set forth in the provisions of such agreements. Existing agreements between the Town and private parties that are consistent with this Plan are intended to remain in full force and effect. Confluence Metropolitan District and Avon Station Metropolitan District The Town has entered into an intergovernmental agreement dated February 27, 2007 (the ÅDistrict IGAÆ), with Avon Station Metropolitan District and Confluence Metropolitan Districts (together, the ÅDistrictsÆ). Pursuant to the District IGA, the Authority shall remit to the Districts any tax increment receipts resulting from real property taxes and specific ownership taxes from property within the boundaries of the Districts as of the date of the District IGA, other than Lot B of the Avon Station Metropolitan District (as described in the District IGA), that would otherwise be payable to the Districts, except for any incremental real property taxes or specific ownership taxes generated by an increase in the total number of permitted dwelling unites or commercial square footage in the Avon Urban Renewal Plan Page 17 Town Center West Area Revised November 10, 2015 zoning entitlements existing as of the date of the District IGA. The Town shall continue to remit such receipts, if any, to the Districts until December 31, 2047. 6.4Financing Mechanisms and Structures. The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. The Authority is committed to making a variety of strategies and mechanisms available which are financial, physical, market and organizational in nature. It is the intent of the Town Council and the Authority to use the tools either independently or in various combinations. Given the obstacles associated with infill development, the Authority recognizes that it is imperative that solutions and resources be put in place that re comprehensive, flexible and creative. Such resources may include, without limitation, special districts and improvement districts approved by the Town Council. 7.0CHANGES AND MINOR VARIATIONS FROM ADOPTED PLAN 7.1Changes in the Approved Urban Renewal Plan. This Urban Renewal Plan may be modified pursuant of the provision of the Act governing such modification, including Section 31-25-107 thereof, as the same may be amended from time to time. 7.2Minor Variations. In specific cases, where a literal enforcement of the provisions contained the Urban Renewal Plan constitutes an unreasonable limitation beyond he intent and purpose of these provisions, the Authority may allow minor variations from these provisions to the extent authorized by the Act and other applicable law. 7.3Cooperation Agreements. For the purposes of implementing this Plan, the Authority may enter into one or more Cooperation Agreements with the Town or other public bodies pursuant to the Act. Such Cooperation Agreements may include, without limitation, agreements regarding the planning or implementation of this Urban Renewal Plan and its projects, as well as programs, public works operations, or activities which the Authority, the Town or such other public body is otherwise authorized by law to undertake, including without limitation, agreements respecting the financing, installation, construction and reconstruction of public improvements, utility line relocation, storm water detention, environmental remediation, landscaping and/or other eligible improvements within the Urban Renewal Area. The Town and Authority recognize the need to cooperate in the implementation of this Urban Renewal Plan for purposes including, without limitation, project financing and administering the construction of public improvements. This paragraph shall not be construed to require any particular form of cooperation. 8.0INTERPRETATION. The language in this Urban Renewal Plan shall be interpreted to conform to the Act, and if there is any conflict between the Act and this Urban Renewal Plan, the provisions of the Act shall control. 9.0SEVERABILITY. If any portion of the Urban Renewal Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Urban Renewal Plan. Avon Urban Renewal Plan Page 18 Town Center West Area Revised November 10, 2015 A,C T OWN OF VON OLORADO MURAMO13,2015 INUTES FOR THE RBAN ENEWAL UTHORITY EETING FOR CTOBER ATH,OLS VON OWN ALL NE AKE TREET 1.CORC ALL TO RDER AND OLL ALL Chairman Fancher called the meeting to order at 5:10 p.m. A roll call was taken and Authority members present were Scott Prince, Megan Burch, Buz Reynolds, Jake Wolf and Sarah Smith Hymes. Matt Gennett was absent. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Treasurer Scott Wright, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Authority Clerk Debbie Hoppe. 2.AA PPROVAL OF GENDA There were no changes to the agenda. 3.PC UBLIC OMMENT No comments were made. 4.AI CTION TEM 4.1.AMJ23,2015 PPROVAL OF INUTES FROM UNE Authority member Prince Minutes from June 23, 2015; Vice Chairman Wolf moved to approve the seconded the motion and it passed unanimously by those present. Authority member Gennett was absent. 5.WS ORK ESSION 5.1.2016AURABP VON UDGET RESENTATION 6.A DJOURNMENT There being no further business to come before the Authority, the meeting adjourned at 5:12 p.m. RESPECTFULLY SUBMITTED: ______________________________ Debbie Hoppe, Authority Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ ______________________________ Sarah Smith Hymes 6. ITEM 4.2 -URA 10-13-2015 Minutes.docx Page 1 TOWN OF AVON RESOLUTION NO. 15-21 Series of 2015 A RESOLUTION TO ADOPT MINOR MODIFICATIONS TO THE TOWN CENTER WEST AREA URBAN RENEWAL PLAN , the Avon Urban Renewal Authority (ÅAURAÆ) is a duly organized body corporate WHEREAS and politic under and by virtue of the laws of the State of Colorado including the Urban Renewal Law, Part 1 of Article 25 of Title 31 of the Colorado Revised Statues (ÅC.R.S.Æ); and, , the Avon Town Council adopted the Town Center West Area Urban Renewal Plan WHEREAS (ÅPlanÆ) on August 14, 2007, by Resolution No. 07-27; and, , the Plan states that the Avon Urban Renewal Authority may propose modifications WHEREAS to the Plan to the Avon Town Council; and, , Section 4.2 of the existing Town Center West Area Plan states, ÅAny proposed WHEREAS modification shall be submitted to the Town Council for a resolution as to whether or not such modification will substantially change the Urban Renewal Plan in land area, land use, design, building requirements, timing, procedure, or as previously approved, and, if the Town Council finds that there will be a substantial change, its approval of such modification shall be subject to the requirements of the Act relating to the substantial modification of an urban renewal plan,Æ and, , the Town Council finds that the proposed modifications to identify specific WHEREAS potential projects are minor modifications and are appropriate and supportive of the goals and implementation of the Plan. that the NOW, THEREFORE, BE IT RESOLVED BY THE AVON TOWN COUNCIL minor modifications to the Town Center West Area Urban Renewal Plan as set forth in Exhibit attached hereto are hereby adopted. A ADOPTED on November 10, 2015. AVON TOWN COUNCIL By:_______________________________Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Res. Res. No. 15No. 15--2121 November 10November 10, 2015, 2015 Page 1 of 1